INGHAM COUNTY ROAD DEPARTMENT NOTICE TO BIDDERS CN/GTW RAILROAD. CON:TNB 1 of

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1 INGHAM COUNTY ROAD DEPARTMENT NOTICE TO BIDDERS CN/GTW RAILROAD CON:TNB 1 of The following information may be pertinent to the determination of construction methods and railroad protective insurance rates. RAILROAD CONTACTS For Flagging Services: Ms. Mary Ellen Carmody US-Audit Officer CN Vreeland Road Flatrock, Michigan Phone: (734) maryellen.carmody@cn.ca For Construction and Insurance Issues: Mr. Jim Gasiecki Manager of Public Works Grand Trunk Western Railroad Vreeland Road Flat Rock, Michigan Cell: (248) jim.gasiecki@cn.ca TRAIN MOVES AND SPEED Train moves are approximately 30 freight moves daily and 2 passenger moves daily at 65 mph maximum authorized speed. The train movement and speed information does not represent a commitment by the Railroad and is subject to change without notice. This structure is National Inventory #283657J at Okemos-Haslett Road.

2 MICHIGAN DEPARTMENT OF TRANSPORTATION COORDINATION CLAUSE FOR WORK ON RAILROAD PROPERTY GTW RR RAL:SMR 1 of The successful bidder, hereinafter referred to as the Contractor, agrees: 1. To cooperate with public utility, railroad and other organizations having occasion to carry on their usual work within the limits of the Project, or doing work on and in connection with the Project. 2. To conduct the work without damage to the property of and insofar as is possible, without delay to the trains operating on Grand Trunk Western Railroad Company, hereinafter referred to as the Railroad. The Contractor must submit insurance documents to, and observe such restrictions as the Railroad's Manager Public Works [currently Mr. Jim Gasiecki, Grand Trunk Western Railroad Company, Vreeland Road, Flat Rock, Michigan 48134, phone , jim.gasiecki@cn.ca ] or authorized representative on the project site (acting through the engineer of the Department of Transportation, hereinafter referred to as the Department), may impose for the safety and dispatch of persons and property of and in care of the Railroad and for the safe and expeditious operation of its trains. 3. To provide protection from falling debris to the property, track, and rail traffic of the Railroad, in accordance with the Railroad s (including American Railway Engineering and Maintenance-of-Way Association [AREMA] current-edition Manual for Railway Engineering) and Department's specifications. Any such protection must not be constructed lower than 22 feet vertically from the top of the rail. 4. To obtain written approval from the Railroad's Manager Public Works or authorized representative, at least ten business days before starting work, of the proposed construction and demolition methods, schedule of operations, debris protection and horizontal and vertical clearances over and adjacent to the track of the Railroad to be provided during the construction period. Approval will be based on the specifications of the Railroad (including AREMA). Such approval must not be construed to relieve the Contractor of any responsibility for the adequacy and safety of the construction. 5. To notify the Manager Public Works of the Railroad [currently Mr. Jim Gasiecki, Grand Trunk Western Railroad Company, Vreeland Road, Flat Rock, Michigan 48134] in writing a minimum of ten business days (excluding Saturdays, Sundays, and holidays) before entering upon the property of the Railroad or starting any work which may require protection by the Railroad. Access to Railroad property by the Contractor, Sub-Contractors, and other non-railroad personnel will not be allowed until the following requirements have been met and

3 RAL:SMR 2 of documentation provided to Railroad s Manager Public Works: Requirements: Completion of website training. Contact Mr. James Conroy at or James.Conroy@cn.ca to obtain a Vendor Number needed to access the website. All employees of the Contractor and Sub-contractors must be fully aware of Safety and Related Requirements and Instructions for Work on CN Railway Right-of-Way by Non CN Personnel. Documentation: Safety sticker (to be affixed to hardhat) and contractor orientation card obtained through website. The Contractor, Sub-Contractors, and other non-railroad personnel must contact the Railroad s Manager Public Works and/or other personnel listed to obtain the required forms, vendor numbers, training classes and safety requirements. All costs associated with these requirements and documentation is at the sole expense of the Contractor, Sub-Contractors, and other non-railroad personnel, to be included in the unit price bid for affected items, and not paid for separately. All Contractor and Sub-Contractor employees on the job site are required to comply. To arrange for a railroad flagger the Contractor must complete the Request for Flagging Services form, available from CN s Mary Ellen Carmody, and forward it, along with prepayment in an amount as agreed between the Contractor and the Railroad, to Ms. Mary Ellen Carmody, US- Audit Officer, CN, 700 Pershing Street, Pontiac, Michigan (phone , maryellen.carmody@cn.ca) at least ten business days before work is to be performed. Flagging arrangements must be in place and pre-paid by the Contractor directly to the Railroad before work can begin on, above, or below the property of the Railroad. If this requirement is not complied with, the Railroad may have the work stopped until arrangements for protection are made. The Contractor will not be entitled to any additional payment or any other compensation for damages because of work stoppage mandated by the Railroad. 6. To avoid use of railroad property without written permission of the Railroad and to leave railroad roadbed and property in a condition acceptable to the Manager Public Works or authorized representative of the Railroad. The cost of any agreements, permits, requirements, approvals, and documentation required by the Railroad is to be paid by the Contractor. There will not be a separate pay item for this work, as the cost must be included in other related items of work. 7. That no provisions in this Coordination Clause, nor approval by the Railroad as to construction operations, shall relieve the Contractor of any responsibility or liability whatsoever. 8. To pay the Railroad or owning company for any changes to railroad property, facilities, or to wire and pipe lines, required for the Contractor's convenience, other than as shown on the

4 RAL:SMR 3 of plans for the Project. 9. The Contractor is prohibited from driving on, along, or across any track. Tracks can be traversed only on an approved crossing installed by the Railroad. In the event that the Contractor requires a temporary crossing of the railroad track, at least six weeks advance notice must be given to the Railroad of such need, but this in no way requires the Railroad to approve a temporary crossing. It must be the responsibility of the Contractor to determine and comply with the requirements of the Railroad covering the location, installation, protection, maintenance, use, and removal of such temporary crossing. An agreement between the Contractor and Railroad covering the temporary crossing will be required. The Contractor must bear all costs and expenses incidental thereto, including, but not limited to, the cost of installation, protection, maintenance, and removal of such temporary crossing, contractual liability and other insurance specific to the temporary crossing as required by the Railroad, and incidental work such as agreement preparation and fees, drainage facilities and removal, alteration, and replacement of railroad fences. 10. To conduct operations both on and off the Railroad right of way so that no earth, mud, silt, or other foreign matter will be allowed to foul railroad track ballast. In order to accomplish this, it may be necessary for the Contractor to construct temporary earth dikes, sheeting, tie cribbing, or take other precautions to prevent the fouling of railroad track ballast. Where, in the opinion of the Railroad, work along, over, or across the track will result in the ballast becoming fouled, the Contractor must take preventive measures to protect the entire ballast section by nailing canvas, plywood, or similar material to the ties in the entire area likely to be affected. The protective material must remain in place until there is no further possibility of fouling the ballast and must then be removed by the Contractor. These protective measures must be performed by, and at the expense of, the Contractor and under the supervision of, and to the satisfaction of, the Railroad's Manager Public Works or authorized representative; but the Railroad assumes no responsibility for the adequacy thereof. The costs for protective measures will not be paid for separately, but are included in other related items of work. However, in spite of the aforementioned protective measures, if railroad track ballast does become fouled, the Railroad may with its own forces, remove the fouled ballast and replace same with clean ballast. The charges for this work will be billed by the Railroad to the Contractor who must pay them promptly. 11. To maintain temporary minimum construction clearances of 22 feet vertically from top of rail and 12 feet horizontally from and measured at right angles to the centerline of the active track for the erection of any necessary falsework, bracing, or forms. Exceptions to these clearances require advance approval from the Railroad s Manager Public Works or authorized representative. 12. To comply with Railroad safety rules that require, without exception, hard hats, eye protection, and safety shoes be worn while working on structures over or under the tracks of the Railroad. This requirement must also apply to Department personnel. 13. That acceptance of work under this contract involving the Railroad, by the Michigan Department of Transportation will be conditioned upon approval of the Manager Public Works, or designated representative, of the Railroad. 14. To pre-pay to the Railroad the cost of daily Railroad inspection and flagging services, switchtenders, conductors, pilots, and/or other protective services and devices furnished by

5 RAL:SMR 4 of the Railroad and made necessary in the judgment of the Engineering Department of the Railroad, to ensure inspection and protection of Railroad property, safety, and continuity of Railroad traffic during the Contractor's operations on Railroad property, all as more particularly set forth in the following paragraphs: a. Such protection will be required when workers or equipment are working on Railroad property or when work is being performed adjacent to, under, or over track in use which may present hazards to track or to train operations, or when equipment is used which does or may infringe on such limits. The Contractor will not be permitted to operate any equipment on the railroad track, or property, except under proper arrangement with the Railroad. Such equipment and the operation of such equipment or equipment rented from the Railroad, must be arranged for by the Contractor with the Railroad, and the cost for its use, including protection of railroad traffic, must be borne by the Contractor. b. Railroad bills for such protection cost accruing to the Contractor must be paid promptly. Before final payment is made by the Department to the Contractor, satisfactory evidence must be submitted indicating the cost of the protection services and devices furnished by the Railroad has been paid. c. Protection cost will be charged to the Contractor by the Railroad in accordance with the working agreements between the Railroad and its employees. Such cost will include the actual cost of wages paid, including unemployment, retirement, vacation allowance, payroll taxes, surcharges, overhead, insurance, and other standard and legal costs incidental thereto. d. The Contractor must consult with the proper operating and engineering representatives of the Railroad to determine the type and cost of protection required to insure safety and continuity of railroad traffic incidental to the particular methods and equipment to be used for the work, and must be satisfied as to the provisions of the several working agreements between the Railroad and its employees, insofar as these agreements may affect the cost of protection. e. Protection of railroad traffic may include, but not be limited to, the following: (1) Flagging service to protect workers and equipment while work is being performed on Railroad property or above or below tracks, while construction equipment or materials are being moved across tracks, and while workers are required to cross continuously back and forth over tracks in the performance of their work. (2) Providing a shanty for Railroad personnel, including the installation of dispatcher's telephone, and suitable sanitation facilities. (3) Installation and maintenance of slow boards. f. Refer to the Special Provision for Railroad Inspection and Flagging for measurement and payment information. 15. Submit all insurance documents to: Mr. Jim Gasiecki, Grand Trunk Western Railroad Company, Vreeland Road, Flat

6 RAL:SMR 5 of Rock, Michigan 48134, phone , jim.gasiecki@cn.ca

7 GRAND TRUNK WESTERN SPECIAL PROVISION FOR RAILROAD INSURANCE REQUIREMENTS CON:TNB 1 of a. Description. This work consists of providing Railroad Protective Liability Insurance before work is commenced and kept in effect until all work required to be performed under the terms of the contract is satisfactorily completed as evidenced by the formal acceptance by the Department. b. Insurance Requirements. Carry the following insurance, in a form, and with an insurer or insurers, acceptable to the Department and the Grand Trunk Western Railroad Company ( Railroad ) and its parents, on all insurance forms listed below with railroad contact information as noted in Coordination Clause for Work on Railroad Property. Provide insurance as required in subsection of the Standard Specifications for Construction except with the modifications stated herein. A. Grand Trunk Western Railroad Company insurance required of Contractor: (1) Statutory Workers Compensation and Employer's Liability Insurance. (2) Automobile Liability Insurance in an amount not less than five million dollars ($5,000,000) combined single limit. (3) Commercial General Liability Insurance in an amount not less than five million dollars ($5,000,000) per occurrence with an aggregate limit of not less than ten million dollars ($10,000,000). The policy must name the Railroad and its parents as additional issued and as noted in the Coordination Clause for Work on Railroad Property B. General. (1) The insurance specified must be with an insurance company authorized by the State of Michigan and must be in effect before work is commenced and kept in effect until all work required to be performed under the terms of the contract are satisfactory completed as evidenced by the formal acceptance by the Department. Each policy must contain the following endorsement: It is hereby agreed that 30 days prior written notice of cancellation, expiration, termination, or reduction of coverage provided by this policy will be given to MDOT, and the Grand Trunk Western Railroad Company and Its Parents, Attn: Mr. Jim Gasiecki, Vreeland Road, Flat Rock, Michigan 48134, , jim.gasiecki@cn.ca. (2) The policy must not contain any provisions excluding coverage for injury, loss or damage arising out of or resulting from (a) doing business or undertaking construction or demolition on, near, or adjacent to railroad track or facilities, or (b) surface or subsurface pollution, contamination or seepage, or from handling, treatment, disposal or dumping of waste materials or substances.

8 CON:TNB 2 of (3) Include description of operations, railroad milepost, highway or street name, city and state of location, project number, and Railroad contact person on the certificate. (4) Before commencing work in the railroad right of way, Contractor must deliver to the Railroad a certificate of insurance evidencing the foregoing coverages and true and complete copies of the policies described herein. (5) Common Policy Provisions. Each policy described in subsections b.1 and b.2 of this special provision must include the following provisions: (a) Each policy must include a waiver by the insurer of any right of subrogation against any recovery by or on behalf of any insured. (b) Each policy must provide for not less than 30 days prior written notice to the Railroad of cancellation of or any material change in that policy. (c) Each policy will cover the work of the Contractor and the work of any subcontractor of the Contractor. (6) It is understood and agreed that the foregoing insurance coverage requirements, and Contractor s compliance with those requirements, is not intended to, and must not, relieve Contractor from, or serve to limit, Contractor's liability and indemnity obligations under the provisions herein. It is further understood and agreed that the Railroad must have the right, from time to time, to revise the amount or form of insurance coverage as circumstances or changing economic conditions may require. The Railroad must give Contractor written notice of any such requested change at least 30 days before the date of expiration of the then- existing policy or policies; Contractor agrees to, and must, thereupon provide the Railroad with such revised policy or policies. c. Construction. If any of the insurance is canceled, the Contractor and all subcontractors must cease operations as of the date of cancellation and cannot resume operations until new insurance is in force. d. Measurement and Payment. The Contractor must pay for all railroad insurance. Insurance costs as described in this special provision will be included in the following pay item. Pay Item Pay Unit Railroad Insurance Requirements CN/GTWJJJJJJJJJJJLump Sum

9 12TM100(A120) MICHIGAN DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR RAILROAD INSPECTION AND FLAGGING OR:SMR 1 of 1 APPR:JLD:DBP: a. Description. This work consists of providing advance notice to the Railroad and the Engineer to meet the railroad notice requirements found in the Coordination Clause for Work on Railroad Property for providing flaggers for work on, above, or below Railroad property. b. Materials. None specified. c. Construction. Ensure construction methods are in compliance with the requirements in the Coordination Clause for Work on Railroad Property. d. Measurement and Payment. The Contractor must pay or pre-pay to the Railroad the full amount of the Railroad s bill for inspection and flagging. The Contractor, prior to submitting payment requests for reimbursement of flagging costs to the Engineer, will review for accuracy the actual flagging costs and days worked against the billed or pre-paid amount. Inconsistencies must be resolved between the Contractor and Railroad prior to submitting to the Engineer. The Contractor must provide to the Engineer a statement of costs paid by the Contractor for flagging and detailed itemization to support the actual cost paid or pre-paid amount. The Department will reimburse the Contractor upon satisfactory review of submitted documentation for flagging services. This process will continue for the life of the need for flagging services. Costs incurred for inspection and flagging due to the failure of the Contractor to properly notify the Railroad in advance of beginning work which may require a flagger as stated in the Coordination Clause for Work on Railroad Property, are the responsibility of the Contractor. The Contractor must inform the Railroad, with a copy to the Engineer, in writing when flagging is no longer needed and retain a copy of this written notification. Also, if the Contractor does not notify the Railroad 36 hours in advance of its no longer needing flagging, the Railroad will schedule and the Contractor must pay such flagging services until said cancellation notice is provided. Before final payment is made by the Department to the Contractor for the project, satisfactory evidence must be submitted indicating all bills for inspection and flagging services and devices furnished by the Railroad have been paid. This pay item covers only inspection and flagging services provided by the Railroad. All other costs, (except Insurance), incurred by the Contractor in complying with Railroad requirements will not be specific pay items, but must be included in prices bid for other items of the work. Pay Item Pay Unit Railroad Inspection and Flagging - CN/GTW... Dollar