2004 Specifications CSJ 0028-09-117, Etc.
SPECIAL PROVISION 007--1255 Legal Relations and Responsibilities
For this project, Item 007, “Legal Relations and Responsibilities,” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.
Article 7.4. Insurance and Bonds is supplemented by the following:
Comply with the additional insurance requirements and other conditions set forth herein.
The Railroad requires the Contractor to comply with specified conditions and obligations prior to performing any work within the Railroad right of way.
The Contractor shall obtain additional insurance coverage in the following types and amounts as shown in Table 2. Provide certification of the Workers Compensation, Commercial General Liability, Business Automobile, and Protective Liability policies to the Department and the Railroad Company.
Do not work on the Railroad Company's property until the Department and the Railroad have been provided the insurance certificates and original policies required in Table 2.
Policies issued for Railroad Protective Liability coverage listed in Table 2 must be issued for and on behalf of the Railroad. Maintain the Railroad Protective Liability insurance until all work on the railroad right of way has been completed. Where more than one Railroad Company is operating on the same right of way or where several railroad companies are involved and operate on their own separate rights of way, provide separate insurance policies in the name of each Railroad Company.
Table 2 Additional Insurance Requirements
Type of Insurance Amount of Coverage(minimum) Workers Compensation $500,000 / $500,000 / $500,000 Commercial General Liability $2,000,000 / $2,000,000 Business Automobile $2,000,000 combined single limit Railroad Protective Liability: $2,000,000 / $6,000,000
Pay all deductibles stated in the policy. Subcontractors must meet the requirements of Table 2 either through their own coverage or through the Contractor’s coverage.
007–1255 11-14 7 of 7 Stop all work if any of the insurance lapses for any reason. Should any coverage lapse, provide the Department and the Railroad with new certificates and new policies of the insurance.
No direct compensation will be made to the Contractor for providing the insurance policies required herein as the costs involved shall be included in the unit prices bid for the several pay items of the proposal.
1. The corporate name and address of the Railroad Company in whose name the Railroad(s) Protective Liability Policy is to be issued, is as follows:
Union Pacific Railroad Company Insurance Compliance PO Box 12010 – UP Hemet, CA 92546-8010 CCSJ: 0028-09-117, Etc. Fax: (951) 652-2869 Email: [email protected]
The estimated amount of the work to be performed by the Contractor within 50 feet of the operating track or tracks is 0.00084 percent of the estimated contract cost for
DOT Number 762398X On BU 90 at US 90 / US 87 in City of Orange (Orange Co) There are 25 regularly scheduled train(s) and 0 switching movement(s) per day at this location.
The estimated amount of the work to be performed by the Contractor within 50 feet of the operating track or tracks is 0.00084 percent of the estimated contract cost for
DOT Number 762799XC On FM 1942 in Mont Belvieu (Chambers County) There are 17 regularly scheduled train(s) and 0 switching movement(s) per day at this location.
2. The corporate name and address of the Railroad Company in whose name the Railroad(s) Protective Liability Policy is to be issued, is as follows:
The Kansas City Southern Railway Company Finance Department P. O. Box 219335 (427 West 12th Street, Zip 64105) Kansas City, MO 64121-9335
007–1255 11-14 7 of 7 The estimated cost of the work to be performed by the Contractor within 50 feet of the operating track or tracks is 0.00084 percent of the estimated contract cost for
DOT Number 329467N at FM 1132 / Vidor Street in Vidor (Orange County) There are 24 regularly scheduled train(s) and 0 switching movement(s) per day at this location.
3. The corporate name and address of the Railroad Company in whose name the Railroad(s) Protective Liability Policy is to be issued, is as follows:
Timber Rock Railroad Company C/O Charlie and Brenda Mackey M & M Sales P. O. Box 6 Timpson, TX 75975 (936) 254-2524
The estimated amount of the work to be performed by the Contractor within 50 feet of the operating track or tracks is 0.00084 percent of the estimated contract cost for
DOT Number 023872E at FM 363 in Kirbyville (Jasper County There are 5 regularly scheduled train(s) and 0 switching movement(s) per day at this location
4. The corporate name and address of the Railroad Company in whose name the Railroad(s) Protective Liability Policy is to be issued, is as follows:
Sabine River & Northern Railroad Co. 5830 Old Highway 87 North Orange, TX 77632 Office # (409) 746-2453 Fax # (409) 746-2897 Mr. David Kleinknecht Email: [email protected]
The estimated amount of the work to be performed by the Contractor within 50 feet of the operating track or tracks is 0.00084 percent of the estimated contract cost for
DOT Number 859446H at FM 253 in Buna (Jasper County) There are 2 regularly scheduled train(s) and 0 switching movement(s) per day at this location.
007–1255 11-14 7 of 7
5. The corporate name and address of the Railroad Company in whose name the Railroad(s) Protective Liability Policy is to be issued, is as follows:
BNSF Railway Company Insurance Compliance Ebix BPO PO Box 12010-BN Hemet, CA 92546-8010 Fax number: 951-766-2299
The estimated amount of the work to be performed by the Contractor within 50 feet of the operating track or tracks is 0.00084 percent of the estimated contract cost for
DOT Number 024450P at 5th Street /HWY 96 in Silsbee (Hardin County) There are 7 regularly scheduled train(s) and 0 switching movement(s) per day at this location
Article 7.16. Work Near Railroads is supplemented by the following.
1. For The Union Pacific Railroad Company: The Union Pacific Railroad Company requires the Contractor to comply with specified conditions and obligations prior to performing any work within the Railroad right of way. The Contractor should contact the Railroad’s designated representative regarding what may be required by the Railroad. The Contractor shall comply with the insurance requirements and safety conditions as set forth by the Railroad (e.g., flagging of train traffic). The Railroad requires a minimum 30 days advance notice for flagging. No Railroad Contractor’s Right-of-Entry agreement is required.
Railroad’s Representative Contact Information to Arrange For Flagging: Union Pacific Railroad Company 24125 Aldine Westfield Road Spring, Texas 77373 Office # (281) 350-7478 Fax # (281) 350-7671
2. For The Kansas City Southern Railway Company:
Article 7.16. Work Near Railroads is supplemented by the following.
007–1255 11-14 7 of 7 The KCS Railway Company (KCS) requires the Contractor to comply with specified conditions and obligations prior to performing any work within the KCS right-of-way. The Contractor shall comply with the insurance requirements and other conditions (e.g. flagging of train traffic) as set forth by the KCS. Any costs and fees that may be incurred by the Contractor to meet the requirements identified herein will be considered subsidiary to the various bid items.
No KCS Railroad Contractor’s Right of Entry agreement is required for this seal coat work.
The Contractor shall contact the KCS’s designated representative regarding what may be required by the KCS if there is a change in the Contractor’s original scope and/or engineering plans and design within the KCS right of way.
The estimated time frame for this non-invasive inspection work is a maximum of one (1) day. The estimated cost of flagging for this work is $750.00 per day for a maximum $750 estimated cost. To arrange for flagging needs, the KCS Railway Company requires the Contractor to contact the following current KCS-approved flagging companies. The Contractor will be billed directly for and pay directly for the flagging services, and then will be reimbursed by TxDOT (State of Texas).
Railroad Protective Services Railpros, Inc. Glen Ray Bowman 318-553-3500 [email protected] Jennifer Kazner Dave Shaffer 904-588-3433 [email protected] 877-315-0513, Ext. 116 Jennifer Weithman 904-416-3062 [email protected] [email protected] [email protected]
To notify the KCS Railway concerning flagging scheduling, the Contractor shall contact the KCS below-designated representative OR, *BY ROADMASTER ROWLAND’S REQUEST AND HIS PREFERENCE, the CONTRACTOR SHALL HAVE THE FLAGGING COMPANY CONTACT HIM, at least seven (7) working days before beginning work. No work shall begin until after the Contractor makes this courtesy contact phone call or send this courtesy email to the below Kansas City Southern/ Texas Mexican Railway Railroad Roadmaster.
*In a 10/7/14 email to TxDOT Rail Highway Safety, Mr. Rowlands said, “Just have contract Flagging Company contact me. Then once the Contractor is approved the Contractor and the Flagging Company can work out times.
CONTACT FOR FLAGGING ARRANGEMENTS:
Daniel D. Rowlands, Roadmaster KCS / Texas Mexican Railway Mobile Number: (361) 571-6779 [email protected] KCS Railway’s Designated Representative for Surface Projects: 007–1255 11-14 7 of 7
Ms. Carman Wallace, Surface Projects Kansas City Southern Railway Co. 4601 Shreveport-Blanchard Hwy Shreveport, LA 71107-5797Office # (816) 983-1138 Fax # (816) 983-1186 Work # (318) 676-6085 Email: [email protected]
3. For the Timber Rock Railroad
Article 7.16. Work Near Railroads is supplemented by the following.
The Timber Rock Railroad Company requires the Contractor to comply with specified conditions and obligations prior to performing any work within the Railroad right of way. The Contractor should contact the Railroad’s designated representative (shown below) regarding what may be required by the Railroad. The Contractor shall comply with the insurance requirements and other conditions as set forth by the Railroad (e.g., flagging of train traffic). Any costs and fees that may be incurred by the Contractor to meet the requirements identified herein will be considered subsidiary to the various bid items.
The Timber Rock Railroad Representative Contact Information:
Mr. Garrett W. Kourtney, Roadmaster Timber Rock Railroad 505 W. Avenue F Silsbee, TX 77656 Cell Phone: (409) 201-8331
4. For The Sabine River & Northern Railroad:
Article 7.16. Work Near Railroads is supplemented by the following.
The Railroad requires the Contractor to comply with specified conditions and obligations prior to performing any work within the Railroad right of way. The Contractor should contact the Railroad’s designated representative regarding what may be required by the Railroad. The Contractor shall comply with the insurance requirements and other conditions as set forth by the Railroad (e. g., flagging of train traffic). Any costs and fees that may be incurred by the Contractor to meet the requirements identified herein will be considered subsidiary to the various bid items. Railroad’s Representative Contact Information: 007–1255 11-14 7 of 7
Mr. David Kleinknecht Sabine River & Northern Railroad Co. 5830 Old Highway 87 North Orange, TX 77632 Office # (409) 746-2453 Fax # (409) 746-2897 Cell # (409) 670-6751 Email: [email protected]