Please make the following changes in your copy of the bid proposal for the captioned project:

Transcription

1 Charles A. Kilpatrick, P.E. Commissioner DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA January 12, 2017 Order No.: L45 Routes: 626, 056, & 635 Project: (NFO)BRDG ,B608,B609,B610 FHWA: STP-BR03(333) Counties: Amherst, Halifax, Nelson District: Lynchburg Bids: January 25, 2017 To Holders of Bid Proposals: Please make the following changes in your copy of the bid proposal for the captioned project: BID PROPOSAL Substitute Table of Contents for Provisions as a sample Entry Agreement Form has been added. Substitute Forms C6a and C-7 as the routes and the description have been changed. Substitute pages 5 thru 14 as the Wage Rates have been updated. Substitute page 81 as the routes have changed on the Form C-45. Add pages 122 thru 124 as the sample Entry Agreement Form has been added. Don E. Silies Director of Contracts Contract Division Enclosures WE KEEP VIRGINIA MOVING

2 CNSP (F) COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION BID PROPOSAL AND CONTRACT Form C-6a Rev ROUTE NUMBERS: 056,626,635 FHWA NUMBER: STP-BR03(333) PROJECT NUMBER: (NFO)BRDG ,B608,B609,B610 COUNTIES: AMHERST, HALIFAX, NELSON DISTRICT: LYNCHBURG DESCRIPTION: BRIDGE PAINTING (3 LOCATIONS) LOCATION: DISTRICT WIDE DATE BID SUBMITTED: 10:00 A.M., WEDNESDAY, JANUARY 25, 2017

3 TERMS OF THE PROPOSAL\CONTRACT COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION SUBMITTED: 10:00 A.M., WEDNESDAY, JANUARY 25, 2017 PROJECT NUMBER: (NFO)BRDG ,B608,B609,B610 ROUTE NUMBERS: 056,626,635 FHWA NUMBER: STP-BR03(333) DESCRIPTION: BRIDGE PAINTING (3 LOCATIONS) LOCATION: DISTRICT WIDE DISTRICT: LYNCHBURG COUNTIES: AMHERST, HALIFAX, NELSON Form C-7 Rev SHEET 1 of 3 I/we declare that no other person, firm or corporation is interested in this proposal; that I/we have carefully examined the plans, job specifications, current Road and Bridge specifications, and all other documents pertaining thereto and thoroughly understand the contents thereof; that I/we meet the prequalification requirements for bidding on this proposal; that I/we understand that the plans and current Road and Bridge specifications, are a part of this proposal; that all of the quantities shown herewith are a part of this proposal; that all the quantities shown herewith are approximate only; that I/we have examined the location of the proposed work and source of supply of materials; and that I/we agree to bind myself/ourselves upon award by the Commonwealth under this proposal to a contract with necessary surety bond to start work according to project specifications, and to complete all work in accordance with the plans, job specifications and current Road and Bridge Specifications within the time limit set forth in the contract. COMPLETION DATE: SEPTEMBER 22, 2017 BID TOTAL $ Attached is a bond conforming to the requirements of the current Road and Bridge Specifications, it being understood that such bond is to be forfeited as liquidated damages if, upon acceptance of the terms of this proposal, I/we fail to execute the contract and furnish bond as provided in the current Road and Bridge Specifications. (Names of Individual(S),Firm(S) Or Corporation) Street Address City State Zip Code Vendor#/Fin# Print Name Signature Title In consideration of the commitments made as shown herein, the Commonwealth of Virginia by The Commonwealth Transportation Commissioner agrees to pay for all items of work performed and materials furnished at the unit price(s) and under the conditions set forth in this proposal, in witnessed by the affixing of the name below. Contract Execution Date By CHIEF ENGINEER VIRGINIA DEPARTMENT OF TRANSPORTATION

4 TABLE OF CONTENTS FOR PROVISIONS FORMS and SCHEDULE OF ITEMS PRECEDE SPCNs, SPs and SUPPLEMENTAL SPECS. CN GEN. PROJ. REQUIRE., SSS/SPS/SPCNS (IMPERIAL) (SPCN) 1 CN SEC PREP. OF BID (CARGO PREFER. ACT) R (SPCN) 2 SEC. 512 MAINTAINING TRAFFIC (ID STAMP/ENGRAVE G RAIL/ATTEN) R _(SPCN) 3 CN SEC (B) LIQUID. DAMAGE. (+ INCENTIVE) R (SPCN) 3 SECTION LIMITATIONS OF OPERATIONS WITHIN RAILROAD RIGHT-OF-WAY (SPCN) 4 SECTION LIMITATION OF OPERATIONS (SPCN) 4 SP0F PREDETERMINED MIN. WAGE RATES R SP0F FHWA 1273 REQ. PROVISIONS, FED-AID R SP0F AFFIRMATIVE ACTION / EEO NOTICE R SP INFORMAL PARTNERING R SP SEC (DBES) R SP SCHEDULE OF OPERATIONS FOR CAT. M PROJ. R SP SEC. 512 MAINT. TRAFFIC NON-SCHEDULES (LS) SEC SUBCONTRACTING (FEDERAL FUNDED PROJECTS) _(SP) 73 SS SEC. 102 BIDDING REQUIREMENTS & CONDITIONS SS SEC. 105 CONTROL OF WORK SS SEC. 106 CONTROL OF MATERIAL SS SEC. 107 LEGAL RESPONSIBILITIES SP C-45 SWPPP GEN. PERMIT CONTRACTOR CERTIFICATION SS SECTION 512 MAINTAINING TRAFFIC I S107II00 - SECTION RAILWAY - HIGHWAY PROVISIONS PROTECTION OF BATS NORFOLK SOUTHERN RAILWAY WORK REQUIREMENTS REMOVAL OF ASBESTOS FROM BRIDGE STRUCTURES 98 INSPECTION OF BRIDGE STRUCTURES FOR ASBESTOS CONTAINING MATERIALS (ACM) PROTECTION OF NESTING MIGRATORY BIRDS NO PLAN ASSEMBLY (14 PAGES) 108 SAMPLE NORFOLK SOUTHERN CONSTRUCTION RIGHT OF ENTRY FORM AGREEMENT 122

5 SP0F Reissued July 12, 2016 PREDETERMINED MINIMUM WAGE RATES General Decision Number: VA /06/2017 VA134 Superseded General Decision Number: VA State: Virginia Construction Type: Highway Counties: Amherst, Bedford, Bedford*, Campbell and Lynchburg* Counties in Virginia. *INDEPENDENT CITIES HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at Modification Number Publication Date 0 01/06/2017 SUVA /20/2013 Rates Fringes ASBESTOS WORKER...$ CARPENTER (STRUCTURE)...$ CEMENT MASON/CONCRETE FINISHER...$ FORM SETTER...$

6 IRONWORKER, REINFORCING...$ IRONWORKER, STRUCTURAL...$ LABORER Asphalt Raker...$ Blaster...$ Construction Worker I (Skilled Laborer)...$ Construction Worker II (Laborer)...$ Deckhand...$ 9.50 Fence Erector...$ 9.50 Flagger...$ 9.90 Grade Checker...$ Guardrail Erector...$ Landscape Worker...$ Pipe Layer...$ Power Tool Operator...$ Sign Erector...$ MASON (STRUCTURE)...$ PAINTER...$ POWER EQUIPMENT OPERATOR: Air Compressor Operator...$ Asphalt Distributor...$ Asphalt Paver...$ Backhoe...$ Bulldozer (Utility)...$ Bulldozer...$ Concrete Finish Machine Operator...$ Concrete Finish Machine Screed Operator (Bridge)...$ Concrete Saw Operator...$ Crane, Derrick, Dragline Operator (1 cm & under)...$ Crane, Derrick, Dragline Operator (over 1 cm)...$ Crusher Tender...$ Drill Operator...$ Excavator, Gradall...$ Front End Loader (2 cm & under)...$ Front End Loader (over 2 cm)...$ Hydro Seeder...$ Mechanic...$ Motor Grader Operator, Rough Grade...$ Motor Grader, Fine Grade...$ Oiler, Greaser...$ Pavement Marking Operator...$ Pavement Marking Truck 6

7 Operator...$ Pavement Planing Groundman..$ Pavement Planing Operator...$ Pile Driver Operator...$ Pile Driver, Leadsman...$ Pipe Boring/Jacking Machine Operator...$ Roller (Finish)...$ Roller (Rough)...$ Scraper Pan...$ Slip Form Paver Operator...$ Slurry Seal Paver Machine Operator...$ Slurry Seal Paver Truck Operator...$ Stone-Spreader...$ Subgrade Machine Operator...$ Tractor Operator (Crawlers).$ Tractor Operator (Utility)..$ Trenching Machine Operator..$ Vacuum Machine Operator...$ TRAFFIC SIGNALIZATION: Traffic Signal Installation...$ TRUCK DRIVER Fuel & Lubricant Service Truck Driver...$ Transit Mix Truck Driver...$ Truck Driver (Single Rear Axle)...$ Truck Driver (Multi-Rear Axle)...$ Truck Driver (Tandem Rear Axle)...$ Truck Driver, Heavy Duty...$ WELDER...$ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other 7

8 health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM /01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA /13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates 8

9 the State of Louisiana is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH /29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/cba rate of the union locals from which the rate is based END OF GENERAL DECISION. 9

10 General Decision Number: VA /06/2017 VA128 Superseded General Decision Number: VA State: Virginia Construction Type: Highway Counties: Alleghany, Appomattox, Augusta, Bath, Bland, Buchanan, Buckingham, Buena Vista*, Carroll, Charlotte, Clifton Forge*, Covington*, Craig, Cumberland, Dickenson, Floyd, Franklin, Frederick, Galax*, Giles, Grayson, Halifax, Harrisonburg*, Henry, Highland, Lee, Lexington*, Martinsville*, Montgomery, Nelson, Norton*, Page, Patrick, Prince Edward, Pulaski, Radford*, Rockbridge, Rockingham, Russell, Salem*, Shenandoah, Smyth, South Boston*, Staunton*, Tazewell, Waynesboro*, Winchester*, Wise and Wythe Counties in Virginia. *INDEPENDENT CITIES HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at Modification Number Publication Date 0 01/06/2017 SUVA /20/2013 Rates Fringes ASBESTOS WORKER...$ CARPENTER (STRUCTURE)...$ CEMENT MASON/CONCRETE FINISHER...$

11 ELECTRICIAN...$ FORM SETTER...$ IRONWORKER, REINFORCING...$ IRONWORKER, STRUCTURAL...$ LABORER Asphalt Raker...$ Blaster...$ Construction Worker I (Skilled Laborer...$ Construction Worker II (Laborer)...$ Deckhand...$ Fence Erector...$ Flagger...$ Grade Checker...$ Guardrail Erector...$ Landscape Worker...$ Pipe Layer...$ Power Tool Operator...$ Sign Erector...$ PAINTER...$ POWER EQUIPMENT OPERATOR: Air Compressor...$ Asphalt Distributor...$ Asphalt Paver...$ Backhoe...$ Boom/Auger...$ Bulldozer (Utility)...$ Bulldozer...$ Concrete Finish Machine Screed, Bridge...$ Concrete Finish Machine...$ Concrete Paving Machine...$ Concrete Pump...$ Concrete Saw...$ Crane, Derrick, Dragline...$ Crusher Tender...$ Drill Operator...$ Excavator (Gradall)...$ Front End Loader...$ Hydro Seeder...$ Log Skidder...$ Mechanic...$ Mobile Mixer...$ Motor Grader (Fine Grade)...$ Motor Grader (Rough Grade)..$ Oiler, Greaser...$ Pavement Marking Operator...$ Pavement Marking Truck Operator...$

12 Pavement Planing Groundman..$ Pavement Planing Operator...$ Pile Driver, Leadsman...$ Pile Driver...$ Pipe Boring/Jacking Machine Operator...$ Plant Operator...$ Roller (Finish)...$ Roller (Rough)...$ Scraper Pan...$ Shot Blast Machine...$ Shovel Operator (2 yds and under)...$ Shovel Operator (over 2 yds)...$ Slip-Form Paver...$ 9.50 Slurry Seal Paver Machine Operator...$ Slurry Seal Paver Truck Operator...$ Stabilizer Operator...$ 9.55 Stone-Spreader...$ Subgrade Machine Operator...$ Tractor Operator (Crawlers).$ Tractor Operator (Utility)..$ Trenching Machine...$ Vacuum Machine...$ TRAFFIC SIGNALIZATION: Traffic Signal Installation...$ TRUCK DRIVER Fuel and Lubricant Service Truck Driver...$ Transit Mix Truck Driver...$ Truck Driver (Single, Tandem & Multi Rear Axle)...$ Truck Driver, Heavy Duty (7 c.y. & under)...$ Truck Driver, Heavy Duty (over 7 c.y.)...$ WATERPROOFER...$ WELDER...$ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, If this 12

13 contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM /01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and 13

14 the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA /13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH /29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/cba rate of the union locals from which the rate is based END OF GENERAL DECISION. 14

15 SP _ C-45 Rev VIRGINIA DEPARTMENT OF TRANSPORTATION STORMWATER POLLUTION PREVENTION PLAN (SWPPP) AND THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) GENERAL PERMIT FOR THE DISCHARGE OF STORMWATER FROM CONSTRUCTION ACTIVITIES CONTRACTOR CERTIFICATION STATEMENT Order No.: L45 Project Number: (NFO)BRDG ,B609 Routes: 056,626,635 Contract ID. #: C B09 I certify under penalty of law that I understand the terms and conditions of the project contract, plans, permits, specifications and standards related to the erosion and sediment control, stormwater management and stormwater pollution prevention plan requirements for the affected activities associated with this project, and the requirements of the VPDES General Permit for the Discharge of Stormwater from Construction Activities (the VPDES Construction Permit), if applicable to this project, issued by the Virginia Department of Environmental Quality. The VPDES Construction Permit authorizes the storm water discharges associated with the construction activities from the project site identified and described in the bid documents and subsequent contract including any onsite or off-site support facility areas located within VDOT right of way or easement and required for the complete fulfillment of the work therein. Signature: Name: Title: Contracting Firm: Address: Phone Number: * Project Address/Location: Certified on this date: * Include any off-site support facility areas located within VDOT right of way or easement. (Note: This form must be returned with performance and payment bonds) 81

16 122 NORFOLK SOUTHERN CONSTRUCTION RIGHT OF ENTRY AGREEMENT WHEREAS, ( Principal ) has requested that Norfolk Southern Railway Company ( Company ) permit Principal to be on or about Company s premises and/or facilities at or in the vicinity of (the Premises ) for the sole purpose of, on behalf of (the Project Sponsor ) during the period, 20, to, 20 (the Right of Entry ). WHEREAS, Company is willing to grant the Right of Entry subject to the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows. Company hereby grants Principal the Right of Entry. The Right of Entry shall extend to Principal and to subcontractors and other entities affiliated with Principal who are specifically approved for entry by authorized representatives of Company in writing, as well as to the officers and employees of the foregoing (collectively Licensees ). The Right of Entry shall apply to those portions of the Premises, and to such equipment, machinery, rolling stock and other personal property and fixtures belonging to Company or otherwise located on the Premises, only to the extent specifically designated and approved in writing by authorized representatives of Company (collectively, Designated Property ). Principal agrees: (i) (ii) (iii) (iv) (v) that Licensees access to the Premises shall be limited to the Designated Property and that Principal shall be liable and fully responsible for all actions of Licensees while on the Premises pursuant to the Right of Entry; that Licensees shall (a) be subject to Company s direction when upon the Premises, and (b) be subject to Company s removal from the Premises, in Company s sole discretion, due to negligence, misconduct, unsafe actions, breach of this agreement or the failure to act respectfully, responsibly, professionally, and/or in a manner consistent with Company s desire to minimize risk and maintain its property with maximum security and minimum distractions or disruptions or for any other lawful reason; that Licensees shall perform all work with such care, diligence and cooperation with Company personnel as to reasonably avoid accidents, damage or harm to persons or property and delays or interference with the operations of any Company s facilities and in accordance with Company s Special Provisions for Protection of Railway Interest, attached and incorporated herein. to give Company s officer signing this agreement, or his or her authorized representative, advance notification of the presence of Licensees on Designated Property in accordance with Company s Special Provisions for Protection of Railway Interest ; to indemnify and save harmless Company, its officers, agents and employees from and against any and all claims, demands, losses, suits, judgments, costs, expenses (including without limitation reasonable attorney s fees) and liability resulting from (a) injury to or death of any person, including without limitation the Licensees, and damage to or loss of any property, including without limitation that belonging to or in the custody of Licensees (the Licensee Property ), arising or in any manner growing out of the presence of either the Licensees or the Licensee Property, or both, on or about the Premises, regardless of

17 123 whether negligence on the part of Company, its officers, agents or employees caused or contributed to said loss of life, personal injury or property loss or damage in whole or in part; (b) any alleged violation of any law, statute, code, ordinance or regulation of the United States or of any state, county or municipal government (including, without limitation, those relating to air, water, noise, solid waste and other forms of environmental protection, contamination or pollution or to discrimination on any basis) that results in whole or in part, directly or indirectly, from the activities of Licensees related in any way to their presence on the Premises or from any other act or omission of Licensees contributing to such violation, regardless of whether such activities, acts or omissions are intentional or negligent, and regardless of any specification by Company without actual knowledge that it might violate any such law, statute, code, ordinance or regulation; (c) any allegation that Company is an employer or joint employer of a Licensee or is liable for related employment benefits or tax withholdings; or (d) any decision by Company to bar or exclude a Licensee from the Premises pursuant to subsection (ii)(b) above; (vi) (vii) (viii) (ix) (x) (xi) to have and keep in effect the appropriate kinds of insurance as listed in the Company s Special Provisions for Protection of Railway Interest, with insurance companies satisfactory to Company, during the entire time Licensees or Licensee Property, or both, is on the Premises: and to provide certificates of insurance showing the foregoing coverage, as well as any endorsements or other proper documentation showing and any change or cancellations in the coverage to the Company officer signing this agreement or to his or her authorized representative; to reimburse Company for any costs not covered under the exiting construction agreement between the Company and the Project Sponsor, including any material, labor, supervisory and protective costs (including flagging) and related taxes and overhead expenses required or deemed necessary by Company because of the presence of either Licensees or Licensee Property on the Premises; to exercise special care and precautions to protect the Premises and equipment, machinery, rolling stock and other personal property and fixtures belonging to Company or otherwise located on the Premises (whether or not constituting Designated Property) and to avoid interference with Company s operations; to not create and not allow drainage conditions which would be adverse to the Premises or any surrounding areas; to refrain from the disposal or release of any trash, waste, and hazardous, dangerous or toxic waste, materials or substances on or adjacent to the Premises and to clean up or to pay Company for the cleanup of any such released trash, waste, materials or substances; and to restore the Premises and surrounding areas to its original condition or to a condition satisfactory to the Company officer signing this agreement or to his or her authorized representative (ordinary wear and tear to rolling stock and equipment excepted) upon termination of Licensees presence on the Premises. As a part of the consideration hereof, Principal further hereby agrees that Company shall mean not only Norfolk Southern Railway Company but also Norfolk Southern Corporation and any and all subsidiaries and affiliates of Norfolk Southern Railway Company or Norfolk Southern Corporation, and that all of Principal s indemnity commitments in this agreement in favor of Company also shall extend to and indemnify Norfolk Southern Corporation and any subsidiaries and affiliated companies of Norfolk Southern Railway Company or Norfolk Southern Corporation and its and/or their directors, officers, agents and employees.

18 124 It is expressly understood that the indemnification obligations set forth herein cover claims by Principal s employees, agents, independent contractors and other representatives, and Principal expressly waives any defense to or immunity from such indemnification obligations and/or any subrogation rights available under any applicable state constitutional provision, laws, rules or regulations, including, without limitation, the workers compensation laws of any state. Specifically, (i) in the event that all or a portion of the Premises is located in the State of Ohio, the following provision shall be applicable: Principal, with respect to the indemnification provisions contained herein, hereby expressly waives any defense or immunity granted or afforded it pursuant to Section 35, Article II of the Ohio Constitution and Section of the Ohio Revised Code ; and (ii) in the event that all or a portion of the Premises is located in the Commonwealth of Pennsylvania, the following provision shall be applicable: Principal, with respect to the indemnification provisions contained herein, hereby expressly waives any defense or immunity granted or afforded it pursuant to the Pennsylvania Workers Compensation Act, 77 P.S This agreement shall be governed by the internal laws of the Commonwealth of Virginia, without regard to otherwise applicable principles of conflicts of laws. If any of the foregoing provisions is held for any reason to be unlawful or unenforceable, the parties intend that only the specific words found to be unlawful or unenforceable be severed and deleted from this agreement and that the balance of this agreement remain a binding enforceable agreement to the fullest extent permitted by law. This agreement may be amended only in a writing signed by authorized representatives of the parties. Name of Principal By NORFOLK SOUTHERN RAILWAY COMPANY By Title Title Date, 20 Date, 20