Loading...
HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - CONTRACT - BID - 7332 MAX BRT PROJECT (2)EXHIBIT "E" CONTRACTOR REQUIREMENTS 1.01 General: 1.01.01 The Contractor must cooperate with BNSF 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 Mason Street improvements as defined in the Mason corridor Bus Rapid Transit Construction and Maintenance Agreement dated March 22, A 1 I . 0 1.01.02 The Contractor must 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 fall force and effect the insurance called for under Section 3 of said Exhibit "CA". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa IVlakinez at Marsh, USA, 214-303-8519. 0 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property other than as described in the Mason Corridor Bus Rapit Transit Construction and Maintenance Agreement between BNSF Railway Company and the City of Foil Collins ("City"). 0 1.01.04 The Contractor's right to enter Railways 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. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit E-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's might to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop RAIZHIAY NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train (C) ❑ Non -employee (N) (e, emp a/enolherrailroad, ar, 7am.611STemp iavalyedin vehic%accident, iWI ding company vehicles) ❑ Contractor/safety sensitive (F) ❑ Contractor/non-safety sensitive (G) ❑ Volunteer/safety sensitive (H) n Volunteer/other non -safety sensitive (1) Non -trespasser (0) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates ❑ Non -trespasser M - Off railroad property If train involved, Train ID: Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697.6736 or email to: Accident-Reporting.CentergONSF.com Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 D.S.C. 20903 AND 83 U.S.C. 490 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REOUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. I. Accident City/St: County: (if can BNSF location) Mile Post / Line Segment: 5. Driver's license Na (and state) or other 10: 6. Name (lest, first, mi): 7. Address: B. Date of Birth: 2. Date: Time: 3.Temperature: 4. Weather: 5SH (required): City: St: Zip: end/or Age: Gender: (if available) Phone Number: Employer: 9. Injury: (i.e.. Laceration, etc.) 11, Description of Accident (To include location, action, result. etc.): 12. Treatment: First Aid Only Required Medical Treatment Other Medical Treatment 13. Dr, llama: 14. Dr. Address: Street: 15. Hospital llama: 16. Hospital Address: Street: 17. Diagnosis: City. City: 10. Body Part: Date: (i.e., Hand, etc.) St: Zip: St: Zip: REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIUMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 EXHIBIT "E-1" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Railway File: Mason BRT Agency Project: Mason Corridor Bus Rapid Transit and Mason Street Improvements Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated jlAyl e- 8 , 2012, with the City of Fort Collins, Colorado for the performance of certain work in connection with the following project:certain railroad track and related curb and gutter and drainage improvements within Mason Street from Old Main Drive to Maple Street and a two lane bus guideway to be used solely for the operation of a bus rapid transit service along the east edge of the existing BNSF right-of-way, at a minimum distance of 25 feet from centerline of existing main line track, between approximately BNSF mileposts 69.4 (south of Harmony Road) to 71.0 (near Foothills Fashion Mall), 71.25 to 71.29 (near Swallow) and 72.2 to 73.531 (near University Street), located on the Colorado Division, Front Range Subdivision. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for the City of Fort Collins, Colorado (i) executes and delivers to Railway an Agreement in the form hereof; and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway; and will, at Railway's discretion, appear and defend any snits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor nmst.proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Raihvay may forward swinnions and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section Z. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. 2 Section 3. INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a mininnum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000 but in no event less than the annount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: 0 Bodily Injury and Property Damage 0 Personal Injury and Advertising Injury 0 Fire legal liability o Products and connpletcd operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: o The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. 0 Waver of subrogation in favor of and acceptable to Railway. 0 Additional insured endorsement in favor of and acceptable to Railway. o Separation of insureds. o The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railnvnp employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: 0 Bodily injury and property damage o Any and all vehicles owned, used or }fired 3 The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: o Waiver of subrogation in favor of and acceptable to Railway. o Additional insured endorsement in favor of and acceptable to Railway. o Separation of insureds. 0 The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: 0 Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. 0 Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: 0 Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railrv(ry as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: o Endorsed to include the Pollution Exclusion Amendment o Endorsed to include the Limited Seepage and Pollution Endorsement. o Endorsed to remove any exclusion for punitive damages. 0 No other endorsements restricting coverage may be added. o The original policy must be provided to the Rniflvg)) prior to performing any work or services under this Agreement o Definition of "Physical Damage to Property" sliall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: 4 Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Raihvay, for all claims and suits against Railway. In addition, its insurers, tlu•ough the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Rarhva_y for loss of its owned or leased property or property under Contractor's care, custody, or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self -insure without the prior written consent of Railivay. If granted by Raihvay, self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Raihvay liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Contractor shall furnish to Raihvay an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following addresses: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email; BNSP c,certfocus.com www.certfocus.com Contractor shall notify Raihvay in writing at least 30 days prior to any cancellation, non - renewal, substitution, or material alteration. Any insurance policy must be written by a reputable insurance company acceptable to Raihvay or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this contract. Annually, Contractor agrees to provide evidence of such coverage as required hereunder. m Contractor represents that this Agreelirenl has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railivgj) may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain the insurance coverage(s) set forth herein, naming Railwgp as an additional insured, and shall require that the subcontractor shall release, defend, and indemnify Railway to the same extent and under the same ,terms and conditions as Contractor is required to release, defend, and indemnify Railway herein. Failure to provide evidence as required by this section sliall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver. of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Raihvay shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railwgy arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor sliall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered Hereunder is performed. For purposes of this section, Railway, means `Burlington Northern Santa Fe LLC", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT "E" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit "E" attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY 6 Contractor is responsible for and hereby indeninifies and bolds harmless Railway (including its affiliated railway companies, and its tenants) for; from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, internnodal, coal and freight trains operate under incentive/penalty contracts between Railway and its custonner(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN DELAY PURSUANT TO THIS AGREEMENT. Contractor and its subcontractors must give Railway's representative (Roachnaster David Neubauer) 307-432-7363 30 (thirty) clays advance notice of the times and dates for proposed work windows. Railway and Contractor- will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor- and subcontractor must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains: 7 Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, Nvill constitute an Agreement between US. Concrete Express, Inc. Contractor By:� " Printed Nni ; Joseph M. O'Dea "ritic: Vice President Contact Person: Michelle Berger Address: 2027 Hest Colfax Avenue City: Denver State: CO Zip: 80204 303.893.1949 303.562.2000 E-mnil: mberger@ceiconstructors.com 8 BNSR Itnih�y)Company By: Nnme: 1 I J >�✓1� I /T/V7 /� A4nnager Public Projects Accepted and effective this? 7 y o✓ A, 20( construction work on the Project, Railway agrees to immediately notify the following individual in writing: Helen Migchelbrink, City Engineer City of Fort Collins Engineering Department 281 North College Avenue Fort Collins; Colorado 80522 e 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 hereby indenmifies, defends and holds harmless Railway for, from and against 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. 0 1.01.06 The Contractor must notify City of Fort Collins and Railway's Manager Public Projects, telephone number 913-551-4964 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railvay's file Ft. Collins BRT. a 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the }Mane of the top of rail on a 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 must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must 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. For all excavation and shoring submittal plans, the current `BNSF-UPRR Guidelines for Temporary Shoring":must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current'BNSF-UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must 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 must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to No Text CITY OF FORT COLLINS PROJECT NO.7332 DUNE, 2012 EXHIBIT "E" CONTRACTOR REQUIREMENTS BNSF LAW DEPARTMENT APPROVED 1.01 General 0 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, he referred to as "Railway Property", during the installation of warning signs and highway traffic signals associated with the conversion of Mason Street to 2-way operation, hereafter referred to as "the Project", City of Fort Collins, CO, at nine (9) at -grade crossings between Mileposts 73.S4 and 74.42, Line Segment 0476. 1.01.02 The Contractor must 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 3 of said Exhibit "C-1". 0 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. 0 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. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities, or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit E-1 is canceled during the course. of the Project; or (iv) the City fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor, its subcontractor or the City to rectify the situation to the reasonable satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction Easement, or (iii) the Easement, Railway may immediately terminate the Temporary Construction Easement or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individuals in writing: Erika Keeton, Special Projects Engineer City of Fort Collins Engineering Department 281 N College Avenue PO Box 580 Fort Collins, CO 80522 With a copy to: City Clerk City of Fort Collins PO Box 580 Fort Collins, CO 80522 CITY OF FORT COLLINS PROJECT NO. 7332 JUNE, 2012 0 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 hereby indemnifies, defends and holds harmless Railway for, from and against 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. 0 1.01.06 The Contractor must notify the City of Fort Collins, CO, and Railway's Manager Public Projects, telephone number (913-551-4964) at least thirty (30) calendar days before commencing any work on Railway Property. Contractors notification to Railway, must refer to Railroad's file 0 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 I %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 must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must 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 must take into consideration railway surcharge loading and must 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 must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will 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 will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. 0 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation 0 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site xvww.contractororientation.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements 0 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. 2 CITY OF FORT COLLINS PROJECT NO.7332 JUNE, 2012 • 1.03.02 The Contractor must notify the Railway's Division Superintendent Matt Boyd at (719-845-4183) and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. e 1.03.03 The Contractor must abide by the following temporary clearances during construction: is, Horizontally from centerline of nearest track 21'-6" Vertically above top of rail 27'4" Vertically above top of rail for electric wires carrying less than 750 volts 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts a 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: e 25' Horizontally from centerline of nearest track 23'-3 %:" Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to City of Fort Collins, CO and must not be undertaken until approved in writing by the Railway, and until the City of Fort Collins, CO has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. e 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by the Agency. C 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by City of Fort Collins, CO for approval before work is undertaken and this work must not be undertaken until approved by the Railway. • 1.103.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Private Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be at the expense of the Contractor. • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. 0 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the.Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan CITY OF FORT COLLINS PROJECT NO. 7332 JUNE, 2012 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.contractororientation.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on -site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.05 Protection of Railway Facilities and Railway Flagger Services: 1.05.01 The Contractor must give Railway's Roadmaster (Dave Neubauer, 307-432-7363) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger and protective services and devices will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: 0 1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's Property, employees, trains, engines and facilities. 0 1.05.021b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. 0 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. 0 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. 0 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. 0 1.05.03 Flagging services will be performed by qualified Railway flaggers. 0 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. 0 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. 0 1.05.03c The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the Contractor. The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days CITY OF FORT COLLINS PROJECT NO. 7332 JUKE, 2012 and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. 1.05.03d The average train traffic on this route is 15 freight trains per 24-hour period at a timetable speed 10 MPH and 0 passenger trains at a timetable speed of N/A MPH. 1.06 Contractor General Safety Requirements 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. 1.b6.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). 1.06.113 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given ajob briefing when working within 25 feet of the center line of track. 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railroad's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of representative of Contractor management. Future access to the Railway's Property by that employee will be denied. 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at ] (800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, CITY OF FORT COLLINS PROJECT NO. 7332 TUNE, 2012 wr,,tiv.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro-reflective work wear. The Railroad's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE —Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) • 1.06.09 The Contractor must not pile or store any materials, machinery or equipment closer than 25'-0" to the center line of the nearest Railway track. Materials, machinery or equipment must not be stored or left within 250 feet of any highway/rail at -grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor must establish a storage area with concurrence of the Railroad's representative. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation 1.07.01 Before excavating, the Contractor must determine whether any underground pipelines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative (Gene Eliassen, 303-480-6586). All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected CITY OF FORT COLLINS PROJECT NO. 7332 DUNE, 2012 when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting • 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. 7 CITY OF FORT COLLINS PROJECT NO. 7332 JUKE, 2012 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. 1. Accident City/St County: (if non -Railway location) 5. Social Security 9 6. Name (last, first, mi) 7. Address: Street: 8. Date of Birth: 2. Date: 3. Temperature: City: and/or Age Gender: (if available) 9. (a) Injury: (b) Body Part: (i.e. (a) Laceration (b) Hand) 11. Description of Accident (To include location, action, result, etc.): 12. Treatment: ? First Aid Only ? Required Medical Treatment ? Other Medical Treatment 13. Dr. Name 14. Dr. Address: Street: 15. Hospital Name: 16. Hospital Address: Street: 17. Diagnosis: FAX TO RAILWAY AT (817) 352-7595 AND COPY TO RAILWAY ROADMASTER FAX 8 30, Date: Time: 4. Weather St. Zip: City: St: Zip: City: St: Zip: CITY OF FORT COLLINS PROJECT NO. 7332 EXHIBIT "E-1" NNE, 2012 BNSF LAW DEPARTMENTAPPROVED Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Railway File: Agency Project: City of Fort Collins, CO, 7332 MAX BRT Project Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract")dated July 12, 2012 1200 _ . with City of Fort Collins, CO for the performance of certain work in connection with the following project— Mason Street 2-Way Conversion. Performance of such work will necessarily require contractor to enter BNSF RAILWAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for City of Fort Collins, CO (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, inconsideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED. use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. ° 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with .the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractof' Safety Orientation 0 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter - Railway Property, without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site mvw.contr•acto-orieutatiomn.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any wok is performed of tine Project. Additionally, tine Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of tine Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found of the web site or from the Railway's Representative. 1.03 Railway Requirements 0 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. 0 1.03.02 The Contractor must notify the Railway's Division Engineer Mark Carpenter at (303)480-6393 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. 0 1.03.03 The Contractor must abide by the following temporary clearances during construction: 15'-0" Horizontally from centerline of nearest track 21'-6" Vertically above top of rail 27'-0" Vertically above top of mail for electric wires carrying less than 750 volts ° 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts CITY OF FORT COLLINS PROJECT NO. 7332 JUNE, 2012 Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Section 3. INSURANCE Contractor must, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy must also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property ♦ Waiver of subrogation in favor of and acceptable to Railroad. ♦ Additional insured endorsement in favor of and acceptable to Railroad. ♦ Separation of insureds. ♦ The policy shall be primary. and non-contributing with respect to any insurance carried by Railroad It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railroad employees. IN CITY OF FORT COLLINS PROJECT NO. 7332 NNE, 2012 No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railroad. o Additional insured endorsement in favor of and acceptable to Railroad o Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railroad. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: o Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railroad. D. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 10 93 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) o Endorsed to include the Limited Seepage and Pollution Endorsement. o Endorsed to remove any exclusion for punitive damages. o No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railroad prior to performing any work or services under this Agreement In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to contractor. CITY OF FORT COLLINS PROJECT NO. 7332 Other Requirements: DUNE, 2012 All policies (applying to coverage listed above) must not contain an exclusion for punitive damages and certificates of insurance must reflect that no exclusion exists. Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under contractor's care, custody or control. Contractor is not allowed to self -insure without the prior written consent of Railroad If granted by Railroad, any self -insured retention or other financial responsibility for claims must be covered directly by contractor in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by contractor's insurance will be covered as if contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, contractor must furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy must be furnished. Contractor should send the certificate(s) to the following address: Ebix BPO PO Box 12010-BN Hemet. CA 92546-8010 Fax:951-652-2882 Email: bnsf@ebix.com Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. Contractor represents that this Agreement has been thoroughly reviewed by contractor's insurance agent(s)fbroker(s), who have been instructed by contractor to procure the insurance coverage required by. this Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by contractor, contractor must require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein. Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a waiver of contractor's obligations hereunder. 12 CITY OF FORT COLLINS PROJECT NO. 7332 DUNE, 2012 The fact that insurance (including, without limitation, self-insurance) is obtained by contractor will not be deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required insurance coverage. For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT "E" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit "E" attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains may be as high as $50,000.00 per incident. Contractor and its subcontractors must give Railway's representative (303)-480-6528 four weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right, at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as 13 CITY OF FORT COLLINS PROJECT NO.7332 to not cause any delays to any trains. JUNE, 2012 Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us.. 14 CH21VI HILL, INC. (Contractor) BNSF Railway Company By: By: Printed Name: gill Lang, PE Name: Title: Vice President, Transportation Manager Public Projects Contact Person: Dan Heilig Accepted and effective this day of 20_. Address: 9191 So. Jamaica St City: Englewood State: CO Zip: 80112 Fax: 720-285-8895 Phone: 303-358-5180 E-mail: Dan.Heilig@CH2M.com CITY OF FORT COLLINS PROJECT NO. 7332 JUNE, 2012 LIMITED SEEPAGE, POLLUTION AND CONTAMINATION COVERAGE ENDORSEMENT WORDING In consideration of the premium charged it is understood and agreed that Exclusion f of Coverage A. of this Policy shall not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by: a) unintended fire, lightning or explosion: or b) a collision or overturning of a road vehicle: or c) a collision or overturning or derailment of a train. Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to: loss of, damage to or loss of use of property directly or indirectly resulting from sub -surface operations of the Insured, and/or removal of, loss of or damage to sub -surface. oil, gas or any other substance; -2. any site or location used in whold or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substances; 3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances; 4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured, Notwithstanding the foregoing, Item 1 does not apply to tunnels. LR No Text GKEMAMERICAN Custom Date: Attention: Subject: Insurance Company: Named Insured: Mailing Address: 07/31/12 New World Ventures, Ltd Insurance Binder GREAT AMERICAN CUSTOM INSURANCE SERVICES-, INC. A Member of the Great American Insurance Companies® Submission # 616250 Ann Fraser / Kim Famham Great American E&S Insurance Company (non -admitted) BNSF PO BOX 140528 KANSAS CITY, MO 64114 Designated Contractor: CH2M Hill, Inc. Mailing Address: 9191 SOUTH JAMAICA STREET ENGLEWOOD, CO 80112 Governmental Agency City of Fort Collins (for whom work Is performed) PO Box 580 Fort Collins, CO 80522 Job Site Designation Bid No. 7390 - Construction Management for MAX Bus Rapid Transit Project & Description of work Along Mason Corridor from South of Harmony Rd to Cherry St. Ft. Collins, CO Construction observation, inspection and material testing services. No construction performed. Policy Term: 08/01/12 to 02/14/14 Coverage: Railroad Protective Liability as perform CG 0035 10 Ed 12/07 Policy # RRP 2101437 Limits of liability: Each Occurrence $5,000,000 Policy Aggregate $10,000,000 Deductible: Nil per claim including loss adjustment expenses Premium: Without terrorism coverage $19,725 Coverage for "TRIA" 986 Premium Total $20,711 1. Premium is flat. Premium is fully earned at the earlier of the date the work within the right of way has been completed or the policy expiration date. GREATTTTTTTTAMERICAN. Custom GREAT AMERICAN CUSTOM INSURANCE SERVICES, INC. A Member or the Great American Insurance Companies® 2. Insured has the right to waive coverage & corresponding premium allocation for "TRIA" terrorism coverage. Coverage is limited to certified terrorists acts as defined by the Terrorism Risk Insurance Act, as amended in 2007 ("TRIA") Surplus Lines: Surplus lines taxes, their collection and payment along with any required filing documents are the responsibility of the originating broker Policy conditions: Exclude: 1. Asbestos (RRP - 04 06 92) 2. Nuclear (RRP 01 12 92) 3. All Construction 4. Professional Liability Attach: 1. General Service of Suit Endorsement (AES 3012 01/09) 2. Surplus Lines Notification Endorsement (GLA 01 04/93) 3. Premium payment endorsement, with 100% minimum earned premium (CG 88 02) 4. Amendment of Other Insurance Condition Paragraph 6. Of the Other Insurance Condition (Section IV - Railroad Protective Liability Conditions) is replaced by the following: 6. Otherinsurance The insurance afforded by this policy is: Primary insurance and we will not seek contribution from any other insurance available to you unless the other insurance is provided by a contractor for same operation and job location designated in the Declarations. Then we will be excess of that other insurance. 5. Limited Seepage & Pollution Endorsement 6. Amendment to Definition of Physical Damage to Property TRIA: ff TRIA is purchased: a. Cap on Losses From Certified Acts of Terrorism (CG 2170 01108) b. TRIA Disclosure of Premium (IL 0985 01 08) AdrrinisTralive 0.`rces 301 E 41h Slreel 0-r4inau,Ohc 45202-4201 G tt EA I�ERICAN. 1 El 1 613 1(9!i000 INSURANCE GROUP SURPLUS LINES FILING CONFIRMATION DATE: June 26, 2012 PRODUCER: NamW `NoP-LD C Sv/YL-1-1 d- CorJSv�(ln/( NAMED INSURED: f31JS F POLICY NUMBER: it ",)-I OIr13-7 POLICY EFFECTIVE DATE: og/0Ih Z INSURANCE COMPANY: Great American E&S Insurance Company This policy Is mitten on a Surplus Lines basis In the State of GAC3725 (Ed. 02 08) As the producing broker, It is your responsibility to arrange payment of the state tax and/or stamping fee for this policy. Please return a copy of this letter within 30 days with your acknowledgment that you have arranged for the filing and payment of the surplus lines tax and/or stamping fee In accordance with the state regulation. Please list Licensed Resident Surplus Lines Broker: Address: Surplus Lines License No.: Tax and / or Fee Paid: Tax and / or Fee Paid: Tax and / or Fee Paid: By: Producing Broker's Signature Phone Number: State Producing Brokers Name (Please Print) GAC 3725 (Ed. 02108) PRO (Page 1 of 1) 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts 0 1.03.04 Upon completion of construction, the following clearances shall be maintained: C 25' Horizontally from centerline of nearest track 23' 6" Vertically above top of rail 0 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations most be submitted to the Railway and to the City and must not be undertaken until approved in writing by the Railway, and until the City has' obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by the Agency. 1,03.07 The details of construction affecting the Railvay's Property and tracks not included in the contract plans must be submitted to the Railway by the City of Fort Collins for approval before work is undertaken and this work must not be undertaken until approved by the Railway. 0 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railvay's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the .Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contactor will be constructed and, at the completion of the project, removed at the expense of the Contractor. 0 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railvay's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. 0 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railvay's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and most cause Railvay's Property to be left in a condition acceptable to the Railvay's representative. No Text Itu mrlU L111W1ll I I d11t;IC ci> 121 KFCG Lincoln Ave Green Str ' u. �-.'. w 11 #54 Horticultural Technician - 1 fte 24 #SS SE Community Park design Soo f22 KFCG Midtown Corridor 200 423 Economic Health Admin - .5 fte 35 #56 kfcg new park maint 10 uvo vcrr rent sst Tra ffie gng 1-fte 96 #58 kfcg Roselawn fiber optics 56 24 KFCG Business Retention 60 #60 Cont. Front of House Mgr - .5 fte - M3 DevRev Systems Specialist - .5 fte 51 #61 Nat Areas facility Ops - 1 he 33 22 Parking Systems Specialist so #62 kfcg adaptive recreation -.75 fte 53 )ther/Issues 3arking offers from parking reserve Other/issues Other / Issues JRA storefront from reserve comm garden outreach unfunded 173 #57 vehicle & Equip repl unfunded 123 nove holiday lights to GO west central plan unfunded 135 rec offer #38 & 50 from rec reserves 312 )Id town ice rink not funded social sustainability plan unfunded 75 3 enhancement unfunded 75 :hange mix dev rev to GF #68 nat areas office unfunded 440 infunded plans # 74 4th july unfunded BLT Adjustments BLT Adjustments BLT Adjustments 428 recycle fac - bcc 500 #67 humane society 844 #54 traffic cntrl supv - 2 fte 30 939 poudre river - bcc 225 #81 PFA iphone app 75 #59 street main inspectors - 2fte 30 473 solar program 500 #88 police supply clerk - .25 fte 14 adjust street maint GF contri 850 474 green building 30 #36 NFRMPO 73 478 fort zed 58 480 green purchasing - 1 fte 88 485 elec charging 100 General Fund Shortfall (162) / (190) General Fund Shortfall (633) / (623) 466 Solar Gardens 250 Added FTEs' 8.25 / 8.25 _ Added FTEs 4.00 / 4.00 981 Sustaionability Portal 82 421 Utility CIP - Brewey waste 61 Result Team Funded Enhancements Result Team Funded Enhancements General Fund Excess 49 / 64 453 kfcg crime analyst - 1 fte 95 #19 kfcg city bridges 2,300 Added FTEs 2.00 / 2.00 #54 kfcg prop & evidence Tech- 1 fte 75 #32 kfcg North College 1,940 Result Team Funded Enhancements #59 PFA Office Emerg. Mgnt 227 #37 kfcg hourly traffic Utility workers 74 416 kfcg eco response model 100 #60 kfcg Invest. Service Spec. - 1 fte 100 #39 BOB timberline 763 417 kfcg Poudre River Instream 100 #61 kfcg police campus west - 4 fte 545 #40 kfcg fare revenue 35 418 kfcg Poudre River Rest & Rehab 400 #64 Utility telecon sys admin - 1 fte 99 #41 BOB intersection improvements 780 442 kfcg oil and gas 40 #� peliee ea1�" 446 Nat Area Admin - .25 fte 16 #75 police SWAT train & robot 26 #64 FC Bikes to Platinum 50 447 Enviro Services admin - .25 he 14 #79 kfcg PFA elec. Data mgnt 124 Other/issues 451 Utility CIP - Dual System design 100 #88 police supply clerk - .25 14 #19 how much to spend on bridges q70 Energy Services Staffing - .5 fte 33 #32 no college from use tax cap 468 kfcg climate adaptation planning 50 Other / Issues #24 bike prgm unfunded - kfcg other 267 Dther / Issues #59 pfa office emerg mgmt 227 #36 MPO - fund from trans 73 480 & 81 combine consulting 82 #62 pfa attrition - 107 #47 street cap equip unfunded 156 421 brewery waste - from reserves 61 #71 juvenile det / transport 68 #48 traffic ops cap equip unfunded 117 q69 road to zero unfunded 140 #78 pfa pulic educator 35 #49 street cap equip unfunded 300 471 stds for habitat unfunded 50 #84 pfa division chief 151 3 unfunded current offers 585 472 carbon accounting unfunded 50 #85 pfa accred mgr 126 #70 & #76 willow & drake design/fear 850 q 75 climate wise unfunded 81 #86 pfa deputy fire marshal 136 Max enhancements not funded MT Adjustments #110 Grants Administrator- 1 fte 64 Result Team Funded Enhancements f62 Sales Tax Software 330 #111 Values & Ethics Program 52 #581T Enterprise wireless 78 f79 Risk Management Tech - 1 he 59 #112 Council Agenda Improvements 115 #59 Compensation Manager - .5 fte 58 f84 RM Occupational Health Observ. 100 #114 Citywide volunteer coord - 1 fte 102 #60 Bldg maint staff reclass - 2 fte 22 f85 EPIC pool modifications 500 #116 Mgr/super 360 assessment 56 #63 IT VOIP 453 f88 Master planning for Block 32 135 #119 Publicity & Mktg Tech - .25 fte 20 #65 Maintain Comm services - 1 fte 73 f91 Leadership & SSA 339 #122 Management Intern Program 52 #701T ERP analyst - 1 fte 77 f93 Performance Excellence 119 #123 Police RHS account 175 #71 Learning specialist - 1 fte 79 f95 Utility Deputy Director- 1 fte 159 ,#83 Comcast Franchise Negotiations 140 #721nc. Legal Service- 1.25 / 2.25fte 183 f97 Maintain Comm services - .5 fte 47 #68 kfcg`chmatea"daptation;plammiag a't.,f' e}tM n'a„-P5. 5b" #73 Sales tax auditor - 1 fte 60 f77 Knowledge Xfer 300 #107 Workplace safety _ 198_C_ollaborative Leadership Dev _ 2_33 General Fund Shortfall _100 (1109) / (1139) #74 Policy & Project Mgr - .2 fte 19 1101 City strat plan & system integ. 75 Added FTEs 17.7 / 18.7 #78 Senior Network Eng - 1 fte 130 1102 Business Proc/billing sys eval 75 Other / Issues #82 kfcg E-govt contract services 61 1104 Sustainability Strategic Plan 100 7 RT recommended enhancements #86 kfcg Public Engagement - 1 fte 108 1106 PR Coord hourly to cont. - 1 fte 24 still below the line #90 IT Computing security - 2 fte 173 1109 Utility CRM application 150 AMENDMENT NO. 1 To the Professional Services Agreement for Construction Manager for MAX Project, No. 7390 This Amendment to the Professional Services Agreement for Construction Manager for MAX Project No. 7390 ("Agreement") is made and entered into by and between The City of Fort Collins, Colorado, a Municipal Corporation, hereinafter referred to as the "City" and CH2M Hill Inc. hereinafter referred to as "Professional". The City and Professional agree that as a condition of the Agreement, Professional shall provide certificates and policies of insurance in accordance with BNSF Railway Company ("Railway")'s requirements attached hereto and incorporated herein as Exhibit 1, consisting of three (3) pages. CITY OF FORT COLLINS, COLORADO CH2M James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Printed: Bill Lang, PE Date Attest: City Clerk Approved as to Form: Assistant City Attorney LSv5 art¢ Srj `—' Title: Vice President, Transportation Date: August 2, 2012 (Corporate Seal) rIlle, Attest: �J'� /4%/1Corporatp'`$p6ret2ry Amendment No. 1 Page 1 of 5 EXHIBIT 1 RAILWAY INSURANCE REQUIREMENTS Professional must procure (City will reimburse by Change order) and maintain during the life of this Agreement the following insurance coverage: l: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,b00,000 each occurrence and an aggregate limit of at least $1v0;000,Q00 but in no event less than the amount otherwise carried by the Professional. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. This insurance shall contain a combined single limit of at and include coverage for, but not limited to the following: perry damage owned, used or hired the following endorsements or language, which shall be finsurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. Amendment No. 1 Page 2 of 5 ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: • Professional's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $5 Q00;000, per occurrence and $10,OOQ;Q00 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the Professional named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Professional may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Professional agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Professional further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Professional's care, custody, or control. Amendment No, 1 Page 3 of 5 Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Professional is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, self -insured retention or other financial responsibility for claims shall be covered directly by Professional in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Professional's insurance will be covered as if Professional elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Professional shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following addresses: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF(ocertfocus.com www.certfocus.com Professional shall notify Railway in writing at least 30 days prior to any cancellation, non -renewal, substitution, or material alteration. Any insurance policy must be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. If coverage is purchased on a "claims made" basis, Professional hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this contract. Annually, Professional agrees to provide evidence of such coverage as required hereunder. Professional represents that this Agreement has been thoroughly reviewed by Professional's insurance agent(s)/broker(s), who have been instructed by Professional to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Professional, Professional shall require that the subcontractor shall provide and maintain the insurance coverage(s) set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall Amendment No. 1 Page 4 of 5 release, defend, and indemnify Railway to the same extent and under the same terms and conditions as Professional is required to release, defend, and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately.. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Professional's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Professional shall not be deemed to release or diminish the liability of Professional including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Professional will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Professional. Therefore, these provisions shall be enforceable and Professional shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway means "Burlington Northern Santa Fe LLC", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Amendment No. 1 Page 5 of 5 POLICY NUMBER: RGE500025501 COMMERCIAL GENERAL LIABILITY CG24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: All Railroad Designated Job Site: All Job Sites (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, a damage" to a third person or organization. Tort Scheduled Railroad at a Designated Job Site, the liability means a liability that would be imposed by definition of "insured contract" in the Definitions section is law in the absence of any contract or agreement, replaced by the following: Paragraph f. does not include that part of any 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications' or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. CG 24 17 10 01 Copyright, ISO Properties, Inc., 2000 Page 1 ENDORSEMENT # This endorsement, effective 12:01 a.m., May 1, 2012 forms a part of Policy No.RGE500025501 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AUTOMATIC ADDITIONAL INSURED'S PRIMARY COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART LIQUOR LIABILITY COVERAGE PART The following provision is added to Section II, Who is an Insured: I. A. Any entity, person, or organization you are required or have agreed in a written insured contract, permit, access agreement and any other written agreement to name as an insured is an insured (hereinafter called additional insured) but only with respect to liability arising out of your premises, your work for the additional insured, or acts or omissions of the additional insured in connection with the general supervision of your work to the extent set forth below: (1) The limits of , insurance with respect to each person, organization or entity shall not exceed the limits of liability of the named insured. (2) All insuring agreements, exclusions and conditions of this policy apply; (3) In no event shall the coverage or limits of insurance in this coverage form be increased by such contract. B. Except when required otherwise by insured contract, this insurance does not apply to: (1) (a) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (b) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (2) Bodily Injury or Property Damage arising out of any actor omission of the additional insured(s) or any of their employees, other than the general supervision of work performed for the additional insured(s) by you. MANUS © 2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. C. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured(s) whether, primary, excess, contingent or on any other basis unless a contract specifically required that this insurance be primary, or you request that it apply on a primary basis. When this insurance applies on a primary basis for the additional insureds described above, it shall apply only with respect to liability arising out of your work for that additional insured by or for you. Other insurance afforded to those additional insureds will apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other terms and conditions remain the same. (Authorized Rel r,2%ntative) MANUS ©2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. 1.04 Contractor Roadway Woi-Icer on Traclt Safety Program and Safety Action Plan: 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track mast develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally; each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.contractorm•ieiitatiou.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on -site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.05 Railway Flagger Services: 0 1.05.01 The Contractor must give Railway's Roadmaster (telephone 307-432-7363) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the 1oadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadritaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. 0 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: 0 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. 0 1.05.021b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. 0 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. POLICY NUMBER: RGE500025501 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART F�a:I�ilriII= Name Of Person Or Organization: Any person or organization for whom the insured is operating under a written contract or agreement when such contract or agreement requires as waiver of subrogation. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ENDORSEMENT# This endorsement, effective 12:01 a.m., May 01, 2012 forms a part of Policy No.RGE500025501 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY rW.I.[a44fi7[•],I,t•1C91q_rrt•7.i Mexeltn4kY;I ►LQs] :4.94i414ZI In the event coverage is cancelled or non renewed for any statutorily permitted reason or if coverage is materially reduced, or coverage is cancelled for non-payment of premium advanced written notice will be mailed to the person or entity according to the notification schedule shown below: Name of Person or Entity Mailing Address: Number of Days Advanced Notice of Cancellation: Per the most current schedule maintained by Marsh USA, Inc. and furnished to XL Insurance no less than 15 days prior to the 60 days of notice of cancellation, non - renewal or material reduction in coverage 60 days For the purpose of this endorsement, non -renewal shall mean solely non -renewal of the Policy and shall not include expiration or Notice of Conditional Renewal. Material reduction in coverage shall mean a decrease in the Policy limits, an increase in the deductible or self -insured retention or the application of a Policy exclusion not contemplated at Policy issuance. All other terms and conditions of the Policy remain unchanged. S (Authorized Rep ese (ative) MANUS © 2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT # This endorsement, effective 12:01 a.m., May 01, 2012 forms a part of Policy No.RAD500025401 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED — WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II A. 1. WHO IS AN INSURED is amended to include: Any entity, person, or organization you are required or have agreed in a written contract, permit, access agreement and any other written agreement to provide insurance. However, the insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and/or limits required by said contract or agreement. "(— (Authorized Rep sentative) MANUS © 2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. F422LZ47fY4ulZI,t63 This endorsement, effective 12:01 a.m., May 01, 2012 forms a part of Policy No.RAD500025401 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED — PRIMARY WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: Xfle V ";FAT 6Y�.liC:771IGR�A►�9:[H6yG1►11.6`19:7 7 Ti 1i s :It71mtR:n Any entity, person, or organization you are required or have agreed in a written contract, permit, access agreement and any other written agreement to provide insurance. This insurance is primary for the entity, person or organization, but only with respect to liability arising out of your work for that insured by or for you. Other insurance afforded to that insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement. However, the insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and/or limits required by said written contract, permit, access agreement.. sshl-a� 1 (Authorized R pr sentative) MANUS © 2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT# This endorsement, effective 12:01 a.m., May 01, 2012 forms a part of Policy No.RAD500025401 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CH2M HILL COMPANIES, LTD. Endorsement Effective Date: May 01, 2012 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom the insured is operating under a written contract or agreement when such contract or agreement requires as waiver of subrogation. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. MANUS © 2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. It is further agreed that work commenced under Letter of Intent or Work Order, subject to subsequent reduction to writing with customers whose customary contracts would require a waiver, would also fall within this blanket waiver provision. All other terms and conditions of the Policy remain unchanged. 'S-Xc�� (Authorized Rerse6ti-ve) MANUS © 2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT# This endorsement, effective 12:01 a.m., May 01, 2012 forms a part of Policy No.RAD500025401 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled or non renewed for any statutorily permitted reason, other than nonpayment of premium, or if coverage is materially reduced, advanced written notice will be mailed or emailed to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address: Number of Days Advanced Notice of Cancellation: Per the most current schedule maintained by Marsh USA, Inc. and furnished to XL Insurance no less than 15 days prior to the 60 days of notice of cancellation, non -renewal or material reduction in coverage 60 days For the purpose of this endorsement, non -renewal shall mean solely non -renewal of the Policy and shall not include Notice of Conditional Renewal. Material reduction in coverage shall mean a decrease in the Policy limits, an increase in the deductible or self -insured retention of greater than $250,000 or the application of a Policy exclusion not contemplated at Policy issuance. All other terms and conditions of the Policy remain unchanged. (Authorized ' e esentative) MANUS © 2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by written agreement signed prior to loss. This endorsement changes the policy to which it is attached and is effective on the dale issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective May 1, 2012 Policy No. RWD500025201 Endorsement No. Insured CH2M HILL COMPANIES, LTD. Insurance Company Countersigned by �J XL Specialty Insurance Company WC 00 03 13 (Ed. 4-84) O 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 57 (Ed. 12/10) ENDORSEMENT # This endorsement, effective 12:01 a.m., May 01, 2012 forms a part of Policy No. RWD500025201 issued to CH2M HILL COMPANIES, LTD. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY In the event coverage is cancelled or non renewed for any statutorily permitted reason, other than nonpayment of premium, or if there is a material reduction in coverage, advanced written notice will be mailed or emailed to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies): Mailing Address: Number of Days Advanced Notice: Per the most current schedule maintained by Marsh USA, Inc. and furnished to XL Insurance no less 60 days than 15 days prior to the 60 days of notice of cancellation, non -renewal or material reduction in coverage. For the purpose of this endorsement, non -renewal shall mean solely non -renewal of the Policy and shall not include expiration or Notice of Conditional Renewal. Material reduction in coverage shall mean a decrease in the Policy limits, an increase in the deductible or self -insured retention or the application of a Policy exclusion not contemplated at Policy issuance. All other terms and conditions of the Policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective May 01, 2012 Policy No. RWD500025201 Endorsement No. Insured: CH2M HILL COMPANIES, LTD. S, r mium: Included XL Specialty Insurance Company Countersigned by WC 99 06 57 Ed. 12/10 02010 X.L. America, Inc. All Rights Reserved. May not be copied without permission ENDORSEMENT No. 35 This endorsement, effective 12:01 AM: May 1, 2012 Forms a part of policy no: BE 23465111 Issued to: CH2M HILL COMPANIES, LTD. BY: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder Men this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice,of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within [301 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The folloWng Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Christopher G. Kopser AUTHORIZED REPRESENTATIVE 107414 (03/11) AH 3121 0 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either -clue to persons, material, equipment or blasting in the vicinity. 0 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. 0 1.05.03 Flagging services will be performed by qualified Railway flaggers. 0 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. 0 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. 0 1.05.03c The cost of flagger services provided by the Railway will be borne by A enc . The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic day with time and one -Half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. 0 1.05.03d The average train traffic on this route is _10 freight trains per 24-hour period at a timetable speed 20 MPH and _0_ passenger trains at a timetable speed of _N/A MPH. 1.06 Contractor- General Safety Requirements 0 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. 0 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect ACC)R" CERTIFICATE OF LIABILITY INSURANCE DATE(/2012 VYY) 07I312012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA INC. 122517TH STREET, SUITE 2100 CONTACT NAME' PHONE aC No: DENVER, CO 80202-5534 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC p INSURER A: Greenwich Insurance Company 22322 15114-01234-ALL5-12/13 DEN BK INSURED CH2M HILL, INC. 9191 SOUTH JAMAICA STREET INSURER B : National Union Fire Ins Co Pittsburgh PA 19445 INSURER C ; XL Specialty Insurance Co. 37885 ENGLEWOOD, CO 80112 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-002335309-01 REVISION NUMBER:4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY X X EACH OCCURRENCE $ 1,500,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR RGE500025501 05/01/2012 Q5/01/2013 DAMAGE TO RENTED PREMISES Ea occurrence S 1,500,000 MED EXP (Any one person) S X $500,000 SIR PERSONAL & ADV INJURY $ 1,500,000 GENERAL AGGREGATE S 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 5,000,000 F—IPOLICYF—] PRO LOC JECT S AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X BODILY INJURY (Per person) S A ANY AUTO RAD500025401(AOS) 05/01/2012 05/01/2013 A ALLOWNED SCHEDULED AUTOS AUTOS RAD500025601(MA) 05/01/2012 05/01/2013 BODILY INJURY(Peraccident) $ NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE Per accident S S X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE BE23465111 05/01/2012 05/01/2013 DED RETENTIONS $ WORKERS COMPENSATION X X I WC STATU- OTH- G C AND EMPLOYERS' LIABILITYLIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? IE (Mandatory in NH) NIA RWD500025201(AOS) RWR500025301 (WI) 05/01/2012 05/01/2012 05I0112013 05/01/2013 I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES AS REQUIRED BY WRITTEN CONTRACTOR AGREEMENT. COVERAGE PROVIDED BY THE ABOVE GENERAL LIABILITY AND AUTO POLICIES SHALL BE PRIMARY AND NON-CONTRIBUTORY AND IS LIMITED TO THE LIABILITY RESULTING FROM THE NAMED INSURED'S OWNERSHIP AND/OR OPERATIONS. GENERAL LIABILITY AND AUTO LIABILITY INCLUDE SEPARATION OF INSUREDS AND NO CROSS SUITS EXCLUSION. GENERAL LIABILITY POLICY INCLUDES ENDORSEMENT CG2417 CONTRACTUAL LIABILITY- RAILROADS FOR WORK WITHIN 50 FEET OF THE CENTERLINE OF A RAILROAD. GENERAL LIABILITY, AUTO LIABILITY AND WORKERS' COMPENSATION POLICIES INCLUDE A WAIVER OF SUBROGATION. BNSF RAILWAY COMPANY C/O CERTFOCUS PO BOX 140528 KANSAS CITY, MO 64114 li HlYIiCLLH I IVIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Sharon A. Hammer Q-d✓��.—�,.-,-,w� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s): 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. 1.06.04 When Contractor employees are required to work oil the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees mist be present at all times. 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. C 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported inunediately to the Railway's representative in charge of tite project. Any vehicle or machine which may come in contact -with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted atthe job site. a 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property.. 0 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, wig,iv.cout►•actororientation.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above-thc-ankle lace -.tip and a defined heel; and d) high visibility retro -reflect i ve work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to lii-visibility work wear. Hearing protection, fall protection, gloves, and respirators must be wom as required by State and Federal regulations. (NOTE _ Should there be a discrepancy between the information curtained on tine web site and the information in this paragraph, the web site will govern.) e 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. 0 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended oil Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) 0 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. 0 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the. contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minumun clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation: 0 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within tine Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative Gene Eliassen (303)480-6586. All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrauge for tine location of all underground utilities before excavating. 0 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact. location has been determined. There will be no exceptions to these instructions. 0 L07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, mast be shored where there is any danger to tracks, structures or personnel. 0 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas Must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting: 0 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under :this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting 0 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (PRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury.