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HomeMy WebLinkAboutChicago Central & Pacific RR - interconn & preemption sig-7/18/2016Please returfl this copy to: City Clerk & Finance Dept. 715 MuIberrV St. WaterIoO, IA 50703 -1- AGREEMENT FOR INTERCONNECTAND PREEMPTION OF HIGHWAY TRAFFIC CONTROL SIGNALS WITH AUTOMATIC CROSSING SIGNALS THIS AGREEMENT, made and entered into by and between the CITY OF WATERLOO, IOWA hereinafter referred to as the CITY, and the CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, hereinafter referred to as the RAILROAD, WITNESSETH: WHEREAS, in the interests of public safety, the CITY proposes to install new highway traffic control signals at the intersection of Osage Avenue (3071128) and Dubuque Road (shown on Exhibit A attached hereto and made a pari hereof) adjacent to, or in the vicinity of, the tracks of the RAILROAD, and the CITY desires to coordinate the operation of these signals with the existing system of automatic crossing signals at the intersection of the RAILROAD's tracks and said roads so as to provide for preemption of the highway traffic signals whenever the crossing signals are activated; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: SECTION 1. The Iowa Department of Transportation, hereinafter referred to as the DOT, has indicated that the proposed automatic signals for highway traffic at the referenced at -grade crossing of the RATLROAD's tracks and Osage Avenue may be designed and manufactured to accommodate interconnection with, and preemption of, the highway signals to be Iocated at the adjacent intersection of Osage Avenue and Dubuque Road. SECTION 2. The detailed ptans (ineluding surveys and other engineering services) and specifications for the CITY's portion of the wQrk to coordinate the operating mechanisms of the two types of signals shall be prepared by or on behalf of the CITY at its own expense. These detailed plans and specifications shall include and show the proposed Iocations of the cables between the highway traffic signal controller and the RAILROAD's crossing signal instrument case, the number and Iocation of all signs and/or signal heads that would in any way govern traffic approaching or clearing the highway/railway intersection, the Chicago, Central & Pacific Railroad Company -2 - proposed normal sequence of operations and timing of the highway traffic signals, and the proposed railroad preemption sequence(s) and clearance intervals of the highway traffic signals. SECTION 3. The CITY's plans shall be prepared by or under the supervision of, and sealed by, a duly qualified traffic engineer certifying that same conform with all currently applicable requirements and/or minimum recommended practices for such installations including, but not Iimited to, the FHWA's Manual on lJnjform Traffic Contro/ Devices (MUTCD) and Traffk Contro/ Devices Handbook (TCDH), the Association of American Railroad's Signal Manuaf, Section 3, Highway Grade Crossing Warning Systems and the Institute of Traffic Engineers' Recommended Practice for Preemption of Trafflc Signals at or Near Active Warning Rallroad Grade Crossings, and National Electric Safety Gode. SECTION 4. The CITY shall design their portion of the coordination circuitry on a "ctosed circuiV principle so that the RAILROAD's signal controller will open the circuit when the crossing signals are activated. The Railroad warning system is designed to provide not Iess than 20 seconds of warning time prior to the arrival of a train at the at -grade crossing. For design purposes, the CITY should assume the crossing signal system will provide 20 seconds of advance warning time (the minimum design interval between the commencement of activation of the crossing signals and the arrival of a train at the crossing). IF THE PROPOSED RAILROAD PREEMPTION SEQUENCE(S) AND CLEARANCE INTERVALS OF THE HIGHWAY TRAFFIC SIGNALS FOR ANY TRAFFIC PHASE SCENARIO WILL REQUIRE MORE THAN 20 SECONDS ADVANCE WARNING TIME TO CLEAR ALL HIGHWAY TRAFFIC OFF OF THE CROSSING, IT SHALL BE THE CITY'S RESPONSIBILITY TO SPECIFICALLY 50 ADVISE THE RAILROAD. When appropriate, the traffic controller equipment specified and the preemption sequence(s) must be able to account for the possibility of a second train approaching the crossing AFTER the railroad crossing signals deactivate foliowing passage of the first train BUT PRIOR TO when the highway traffic signal controller exits to normal operations. SECTION 5. Should it be necessary for the cable between the highway traffic signal controllers and the RAILROAD's crossing signal instrument case, or any wiring or detector loops for the highway traffic signa!s, to be installed on the RAILROAD's property or under any tracks, the same shall be designed and installed in accordance with the RAILROAD's customary requirements, which shalt be provided by the Railroad to the City, as to method of installation and Chicago, Central & Pacific Railroad Company 3 - depth of cover, and shall be Iocated so as to not conflict with any already existing or planned facilities upon the RAILROAD's property. SECTION 6. The CITY shall submit two (2) copies of its sealed plans and specifications to the RAILROAD along with an electronic PDF copy, together with a step-by-step narrative, in laymen's terms, explaining the relative timing and sequence of highway signal operations that will occur upon the approach af a train. To the extent it is able, RAILROAD will endeavor to conduct a cursory review of the CITY's plans and specifications to satisfy itself there are no obvious errors ar omissioris that it can discern, however, it is expressly agreed and understood between the parties hereto that RAILROAD does not purport to have expertise in matters of highway traffic control and any such review of the CITY's plans and specifications by the RAILROAD shall not be construed as approval nor endorsement thereof, and the RAILROAD assumes no responsibility or Iiability whatsoever as to the completeness, accuracy or appropriateness thereof. SECTION 7. The detailed plans (including surveys and other engineering services), specifications and estimates of cost for the RAILROAD's portion of the work to coordinate the operating mechanisms of the two types of signals, shall be prepared by the RA!LROAD at the expense of the CITY. These detailed plans, specifications and estimates shall be submitted to the CITY for review and preliminary approval by an authorized representative. SECTION 8. The CITY shall arrange to submit copies of the plans and specifications prepared by the CITY and the RAILROAD to the State Agency 50 designated by statute, or if none is so designated by statute, then to the State DOT, for their review and approval. Once approved, no functional changes shall be made by either party to any plan or specification affecting the crossing signal system, the track approach Ieg or Iegs of the highway traffic signal system or the railroad preemption timing or sequence of operations, without advising the other party in writing and obtaining the expressed written consent of the aforesaid approving State Agency. SECTION 9. The RAILROAD, without compensation other than the perforrnance of this Agreement by the CITY, hereby grants permission to the CITY to enter upon and occupy the RAILROAD's property in the vicinity of the aforesaid highway/railway crossing for purposes of installing and maintaining the CITY's portion of the facilities covered by this Agreement. All such work on the RAILROAD's property shall be governed by the "SPECIAL PROVISIONS" which are attached hereto and made a part hereof. Chicago, Central & Pacific Railroad Company -4 - SECTION 10. The CITY, at its expense, shaU furnish, or cause to be furnished, all of the equipment, materials and labor for the complete assembiage and installation of the highway traffic signals and its portion of the system to coordinate the operation of these signals with the crossing signals and the cable(s) between the highway traffic signal controller and the RAILROAD's crossing signal instrument case. SECTION 11. All equipment, materials and Jabor for the complete assemblage and installation of the portion of the highway signal/crossing signal coordination system within the crossing signal instrument case, and any required modifications, if any, to the crossing signal circuitry as may be occasioned by the same, shall be furnished by the RAILROAD at the expense of the CITY. SECTION 12. The RAILROAD shall notify the CITY when the RAILROAD's portion of the installation will be ready for final testing, and the highway signal/crossing signal coordination system shall be placed in service immediately after the testing is completed and the system is determined by the CITY to be properly functioning. SECTION 13. The Railroad may submit to the CITY detailed bilhng of actual expenses plus applicabte overheads and surcharges. After the CITY's representatives have reviewed the billing and agreed with the RAILROADs representatives that the expenses are proper, insofar as they are able 10 ascertain, Ihe CITY shall promptly reimburse the RAILROAD. The estimated total cost of the work to be performed by the RAILROAD at the expense of the CITY is $ 74069.00 at RAILROAD's fully allowed FHWA additives, attached hereto as Exhibit B. SECTION 14. After the portion of the highway signal/crossing signal coordination system in the crossing signal instrument case has been installed and is ready for operation, except as may be otherwise provided by Iaw, the same shall be operated and maintained by the RAILROAD at its expense. At no cost to the RAILROAD, the CITY shall operate and maintain, or provide for the operation and maintenance of the highway traffic signal system and its portion of the highway signal/crossing signal coordination system and the cable between the highway traffic signal controller and the RAILROAD's crossing signal instrument case. If the CITY enters into an agreement with another party 10 provide for the maintenance and/or operation of the highway traffic signals and Chicago, Central & Pacific Railroad Company 5 - its portion of the coordination systems, the CITY shall promptly furnish the RAILROAD a copy of any such maintenance agreement. SECTION 15. The highway traffic signals and the cable between the highway traffic signal controller and the RAILROAD's crossing signal instrument case shall be owned and maintained by the CITY. The Railroad assumes no responsibility whatsoever as to the proper and continuous operation of either said highway traffic signal system or the highway signal/crossing signal coordination system. The Railroad assumes no responsibility or liability whatsoever for the CITY's employees and/or contractors during the installation of, or their maintenance of, the coordination system. The CITY shall reimburse the RAILROAD for any and all costs incurred by the RAILROAD (including but not limited to train delay, labor, material, flagging and outside costs) due to the failure or inoperability of the CITY owned portion of the highway traffic system (including but not limited to signals, controller or cable). SECTION 16. This agreement shall be binding upon the parties hereto and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate counterparts, each of which shall be considered an original, by their duly authorized officers on the dates indicated below. Executed by the CITY this (b day of JC S�, 20 CITY OF WATERLOO Title: Executed by the RAILROAD thisItday of 20_�b CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY By: Regional Chi E ineer Chicago, Central & Pacific Railroad Company -6- EXHIBITA Chicago, Central & Pacific Railroad Company -7- Chicago, Central & Pacitic Railroad Company 1 ! 1 1 V 1 // Ouih 11 ! Hcv 7/ - \daterioQ Iowr 1 7/1 / / 9/ 1 S-' / / 1 / / 7 / / 7 / U •/ 4' 1' il Chicago, Central & Pacitic Railroad Company -8 - EXHIBIT B Chicago, Central & Pacitic Raifroad Company -9 - CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY A WHOLLY OWNEO SUBSIOIARY OF CANADIAN NATIONAL. RAILWAY COMPANY HIGHWAY -RAIL GRADE CROSSING SGNAL ESTIMATE Roadway Name: Osage Road Locatiort Waterlco, IA Railroad Region: Southern Railroad Subdivi&on: Waterloo Railroad Milnpost: 27337 DOT Crossing No.: 3071126 Date: October27, 2015 Est: 15-3071129 Prepared By: Steven SoraWCJW Descrption of Work: Provide traffio nterconnect cirouft for 47seo. of eimultaneous preemption. (Interconnect cable supplied by others.) Chicago, Central & Pacific Railroad Company - 10 - Osage Road Page 2 Waterion, IA 15-307112B MATERIAL MISCELLANEOUS MATERJAL Item Quantitv Units Unit Cost Signal Material 2 LOT $ 1,00000 $ 2,000.00 SUBTOTAL MISCELLANEOUS MATERIAL $ 2,000.00 CROSSINc3 PACKAGE MATERIAL teni Quanlity Unfts Unit Cost CosI Relay, ST, 500 0, 400004 w/Flugboard 1 EACH $ 600,00 $ 600.00 DC Code Isolation Unit (DuaI Polarity) 2 EACH $ 270.00 $ 540,00 MuIti-freq NOS, 340-970 Hz 2 EACH $ 330.00 $ 660.00 Multi-fteq NJBS, 156-430 Hz 2 EACH $ 400,00 $ 800.00 SimulatedTrack Inductor 1 EACH $ 50.00 $ 50.00 ShuntICoupIerEnolQsure 4 EACH $ 550.00 $ 2,200.00 Cable, 12c14 2000 FEET $ 2.00 $ 4,000.00 SUBTOTAL CROSSING FACKAGE MATERIAL $ 8,850.00 TOTAL MATERIAL $ 10,850.00 Chicago, Ceritral & Pacific Railroad Company Osage Road Page 3 Watedoo, IA 15307112B LABOR SIGNA[ LAROR GanciDavs CostJIJav Cost 5 -man Gang 5 $ 1,725.00 $ 8,62500 SUBTOTAL SIONAL LABOR $ 8,625.00 MSCELLANEOUS LABOR teni Quantity Units Unit Cos Cost Prelirninary Engneering 1 L.S. $ 2500,00 $ 2,500.00 Construotion EngInerng 1 L.S. $ 300.00 $ 300,00 Accounting 1 L.S. $ 200.00 $ 200,00 SUBTOTAL MISCELLANEOUS LABOR $ 3,000.00 TOTALLABOR $ 11,625.00 OTHER Iteni Quantitv Units lJnit Cost Cost ContraotorlRented Equipment 1 L.S. $ 2,500.00 $ 2,500.00 Directonal Bering (By Others) 2 L.S. $ 2,50000 $ 5000.00 Freight an Crossing Package 1 L.S. $ 5,000,00 $ 5,000.00 Contract Lngineering 1 [5. $ 5,00000 $ 5,000.00 Project Management 1 L.S. $ 1,400.00 $ 1,400.00 Per Diem/Business Expense 1 LS. $ 3,500.00 $ 3,500.00 Sales Tax on Material 1 L.S. $ 620.00 $ 620.00 TOTAL OTHER 5 23,020.00 TOTAL DIRECT COSTS $ 45,495.00 Chicago, Central & Pacific Railroad Company - 12 - Osage Road Page 4 Waterino, IA l5307112B Material Materlal AddiLive SignaI Labor Signal Labor Additive Engineerng Labor Engneering Labor Additive A000unting Labor Accounting Labor Additve Other TOTAL DIRECT COSTS TOTAL FHWA ADDITIVES FHWA ADDITIVES 5.O0% 241.13% 24113% 241 13 % $ 10,85000 $ 8,625,00 $ 2,800.00 $ 200,00 $ 23,020,00 $ 45,495.00 $ 543.00 $ 20,797.00 $ 8,752.00 $ 482.00 $ 28,574.00 GRAND TOTAL FHWA BASIS $ 74,069.00 Chicago, Central & Pacific Railroad Company - 13 - SPECIAL PROVISIONS RELATIVE TO FLAGG!NG AND OTHER PROTECTION OF RAILROAD COMPANY TRAFFIC AND FACILITIES DURING CONSTRUCTION ADJACENT AND ABOVE, ON OR ACROSS, THE PROPERTY OF, OR ON, ABOVE AND BENEATH THE TRACKS OF THE CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY The Grantee, Licensee, Permittee and/or its Contractor shall, before entering upon the property of Railroad Company for performance of any work, secure a fully executed right of entry Iicense from Railroad Company's Engineering Manager or their authorized representative for the occupancy and use of Railroad Company's property. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall confer with Railroad Company relative to requirements for railroad clearances, operation and general safety regulations. Prior to any entry onto Railroad Company's property, employees andlor subcontractors of Grantee, Licensee, Permittee and/or its Contractor doing work shall determine by the guidelines hereinafter provided and by the work 10 be performed the level of safety training to be required. All employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor not hired by Railroad Company that will work on CN property are required to have minimum www.contractororientation.com. a. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons" from this training. This will include contractors such as UPS, FedEx, trucking companies, etc. who merely access the properly to supply materials or equipment. All employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor hired by Railroad Company which will work on Railroad Company property are required 10 have minimum CN Safety and Security Awareness training, in addition 10 undergoing a background check. This training and background check must be obtained through the eRailsafe.com website. If not done before, the contractor must contact CN Special Agent James Conroy at 708-332-5947 or James.Conroy@cn.ca to be issued a vendor number prior to accessing the noted website. Minimum information required of the Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) when contacting either Special Agent James Conroy or e-RaiISafe is Name, Address, Telephone, Contact Person for State Projects, DOT Contract Number, and the AAR/DOT Number. This training is good for a period of two years. a. EXCEPT!ON: Railroad Company has exempted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement. b. EXCEPTION: Railroad Company has exempted those 1 classifies as "Delivery Persons" from this training. This will inc!ude contractors such as UPS, FedEx, trucking companies, etc. who merely access the property 10 supply materials or equipment. All employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor hired by Railroad Company, whose duties include and who are engaged in the inspection, construction, maintenance, or repair of railroad track, bridges, roadway, signal and communication systems, roadway facilities, or roadway machinery that will work foul of or have the potential 10 foul a live track are considered Roadway Workers under FRA regulations and Chicago, Central & Pacific Railroad Company - 14 - CN Policy. They must complete the On -Track Safety Training course approved by Railroad Company and provided by R.R, Safety - AMR, P0. Box 75, Lomira, WI 53048, telephone (920) 517-1677, email rrsafetvtraininci(Uwahoo.com. This training must be repeated at Ieast once each calendar year. a. EXCEPTION: Railroad Company has exerripted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement. b. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons" from this training. This will include contractors such as UPS, FedEx, trucking companies, ete, who merety access the property to supply materials or equipment. c. All the employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor who wilt operate on -track machinery or those who will provide protection for other employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor must also be trained on CN US Operating Rules pertaining to their duties. They must take and pass the required examination. This training is good for a period of two years. d. "Potential to foul a live track" is considered, at a minimum, to be working within twenty-five feet of the track; or as otherwise to be determined by CN Design & Construction Department. The employees, subcontractors, and/or agents of the Grantee, Licensee, Permittee and/or its Contractor shall qualify for, and make available for inspection to Railroad Company's employees or other authorized personnel at alt times while on Railroad Company property, a photo identification issued by www.e-railsafe.com along with at Ieast one other government - issued form of identification. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall bear all costs of compliance with the requirements of this Section. Railroad Company reserves the right to bar any of employees or agents of Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) from Railroad Company's property at any time for any reason. Grantee, Licensee, Permittee and/or its Contractor and/or any contractor engaged on their behalf, shall at all times conduct work in a manner satisfactory to the Engineering Manager of Railroad Company, or their authorized representative, and shall exercise care 50 as to not damage the property of Railroad Company, or that belonging to any other grantees, Iicensees, permittees or tenants of Raitroad Company, or to interfere with railroad operations. Engineering Manager of Railroad Company, or their authorized representative, will at alt times have jurisdiction over the safety of railroad operations., The decision of the Engineering Manager or their authorized representative as to procedures which may affect the safety of railroad operations shall be final, and Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall be governed by such decision. All work shall be conducted in such a manner as will assure the safety of Railroad Cornpany. Railroad Company's authorized representative shall have the right, but not the duty, to require certain procedures to be used or to supervise the work on Railroad Company's property. Should any damage occur to Railroad Company property as a result of the authorized or unauthorized operations of Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) and Railroad Company deems it necessary to repair such damage or perform any work for the protection of its property or operations, the Grantee, Licensee, Permittee Chicago, Central & Pacific Railroad Company - 15 - and/or its Contractor, as the case may be, shall promptly reimburse Railroad Company for the actual cost of such repairs or work. For the purpose of these Special Provisions, actual cost shall be deemed to include the direct cost of any labor, materials, equipment, or contract expense plus Railroad Company's current standard additives in each instance. If the work requires the construction of a temporary grade crossing across the track(s) of Railroad Company, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall make the necessary arrangements and execute Railroad Company's temporary grade crossing agreement for the construction, protection, maintenance, and later removal of such ternporary grade crossing. The cost of such temporary grade crossing construction and later removal shall be prepaid to Railroad Company. Additional costs for repairs, maintenance or protection will be paid within thirty (30) days upon receipt of bill(s) therefor. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall at no time cross Railroad Company's property or tracks with vehicles or equipment of any kind or character, except at such temporary grade crossing as may be constructed as outlined herein, or at any existing and open public grade crossing. Operation over such crossing shall be at the direction and method of Railroad Company's Engineering Manager or their authorized representative. Railroad Company may, at Grantee's, Licensee's, Permittee's and/or its Contractor's and/or their contractor's sole cost, risk and expense, furnish whatever protective services it considers necessary, including, but not Iimited to, flagger(s), inspector(s), and stand-by personneL Flagging protection, inspection services, or standby personnel required by Railroad Company for the safety of railroad operations because of work being conducted by Grantee, Licensee, Permittee and/or its Contractor, or in connection therewith, will be provided by Railroad Company and the cost of Grantee, Licensee, Permittee and/or its Contractor and shall be prepaid to Railroad Company by Grantee, Licensee, Permittee and/or its Contractor. Flagging protection, inspection services, or standby personnel, necessary or provided in excess of prepayment amounts will be billed at the proper rates and will be promptly paid by overnight delivery. In the event Railroad Company is unable to furnish protective services at the desired time or on the desired date(s), or if Grantee's, Licensee's, Permittee's andlor its Contractor's prepayment for such services is exhausted and not replenished by Grantee, Licensee, Permittee and/or its Contractor, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall not perform any work on Railroad Company's property until such time and date(s) that apprapriate Railroad Company services can be made avaflable and/or appropriate prepayment is received. It is understood that Railroad Conipany shall not be Iiable for any delay or increased costs incurred by Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) owing to Railroad Company's inability or failure to have appropriate protective services available at the time or on the date requested. Grantee, Licensee, Permittee andfor its Contractor and/or subcontractor(s) shall request and secure flagging protection by written notice to Railroad Company using CN's then -current form for requesting flagging. This form must be submitted at Ieast ten (10) working days in advance of proposed performance of any work or access to Railroad Company's property. Flagging protection will be required during any operation involving direct and potential interference with Railroad Company's tracks or traffic. This rnay include but is not Iimited to fouling of railroad operating clearances, reasonable proximity of accidental hazard to railroad traffic, work within twenty-five (25) feet horizontatly of the nearest centerline of any railroad track, any work over any railroad track, or in any other condition that Railroad Company deems protective services necessary, which may include work on or off Railroad Company's property Chicago, Central & Pacific Railroad Company - 16 - more than twenty-five (25) feet from the nearest centerline of any railroad track, such as any equipment extension (including but not Iimited to a erane boom) that wiH reach or has the potential to reach within twenty-five (25) feet of any track. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall request, prepay, and secure Railroad Company signal facihty Iocates by written notice to Railroad Company along with submission of CN's "Request for Flagging Services" form at Ieast ten (10) working days in advance of proposed performance of any work or access to Railroad Company property. Notice to Railroad Company does not fultill or satisfy any other notification requirements for utility Iocates for non -railroad facilities. Railroad Company may require that prior to digging, trenching, or boring activities on or near Railroad Company property or beneath any railroad track, an on-site meeting be conducted with Railroad Company's Signal Department representative. No digging, trenching or boring activities shall be conducted in the proximity of any known buried Railroad Company signal cables without Railroad Company's Signal Department representative being present. The rate of pay for Railroad Company employees will be the prevailing hourly rate for not Iess than eight (8) hours for the class of labor at regular rates during regulariy assigned work hours, and at overtime rates outside of regular hours and in accordance with Labor Agreements or Schedules plus Railroad Company's current standard additives in each instance. Wage rates are subject to change, at any time, by aw or agreement between Railroad Company and employees, and may be retroactive because of negotiations or a ruling by an authorized Governmentat Agent. If the wage rates are changed, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall pay on the basis of the new rates andlor additives. No digging, trenching, or boring on Railroad Company property shall be conducted without Railroad Company's written approval of the plans that were furnished to Railroad Company's Engineering Manager at Ieast thirty (30) in advance of the excavation. The foliowing temporary clearances are the minimum that must be maintained at ali times during any operation on or adjacent to Railroad Company property: Vertical: 22-0 (7.00 m) above top of highest rail within 12-0" (3.81 m) of the centerline of any track Horizontal: 12oh (3.81 m) from centerline of the nearesttrack, measured at right angles thereto If Iesser clearances than the above are required for any part of the work, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall secure written authorization from Railroad Company's Engineering Manager for such Iesser clearances in advance of the start of that portion of the work. No materials, supplies, or equipment will be stored within twenty-five (25) feet from the centerline of any railroad track, measured at right angles thereto. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) will be required upon the completion of the work to remove from within the Iimits of Railroad Companys property all machinery, equipment, surplus materials, faise work, rubbish or temporary buildings, and to leave said property in a condition satisfactory to the Engineering Manager of Railroad Company or their authorized representative. Nothing in these Special Provisions shall be construed to place any responsibility on Railroad Company for the quality or conduct of the work performed by Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) hereunder. Any approval given or Chicago, Central & Pacific Railroad Company - 17 - supervision exercised by Railroad Company hereunder, or failure of Raitroad Conipany to object to any work done, material used, or method of operation shall not be construed to relieve Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) and/or subcontractorof any obligations pursuant hereto or under the License these Special Provisions are appended to. Chicago, Central & Pacific Railroad Company