1708Railroad Highway Provisions

1708.1GENERAL

The Contractor shall perform Work in accordance with the Contract requirements in this section for the following:

the railroad Right-of-way

the movement of Equipment and Materials The Contractor shall coordinate railroad-Highway requirements with each railroad company and implement the railroad requirements and the requirements in this section before beginning the Work on railroad property. The Contractor shall ensure each person providing labor, Material, supervision, or services connected with the Work on railroad property meets the Railroad Company’s safety and security requirements before entering the railroad property. Before entering the railroad property, the Contractor shall prepare and implement a safety action Plan if required by and as approved by the railroad company. The Contractor shall also audit compliance with that safety action Plan during the Work. The Contractor shall keep a copy of the safety action Plan and audit results at the Project Site. The Contractor shall allow the railroad company to inspect the safety action Plan at all reasonable times. The Contractor shall not perform Work infringing on the statutory clearances in accordance with Minnesota Statutes, section 219.45 to §219.46 without a clearance exception as may be granted in Minnesota Statutes, section 219.47. Variances to the statutory clearance requirements must be applied for and approved by the Commissioner before performing the Work. Clearances for temporary obstructions within 8-1/2 feet

horizontal of the centerline of the track and 22 feet 0 inches vertical as measured from the top of the rail are subject to Minnesota Statutes, section 219.47. This does not preclude railroad company approval for any construction Work taking place on railroad company property Unless specifically approved by the railroad company before commencement of the Work, the Contractor shall not perform Work that interferes with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of the railroad company, its lessees, licensees, or others. The Contractor shall not impair the safety of the tracks, property, and facilities of the railroad company, its lessees, licensees or others. When not in use, the Contractor shall keep Equipment and Materials at least 50 feet from the centerline of the nearest track, unless the Railroad Company approves otherwise before commencement of the Work. The Contractor shall not allow vehicles to cross the railroad track, except at a crossing approved by the railroad company before commencement of the Work, or at existing open public crossings. The Contractor is responsible for arranging with the railroad company any temporary suspension of train traffic required to construct the Project. Work windows requested by the Contractor to temporary suspend train traffic for construction purposes are granted at the sole discretion of the railroad company. The Contractor shall be responsible for damages from unscheduled delays of freight or passenger trains caused by the Contractor. If the Contractor’s operations cause the railroad company to perform extra work to maintain railroad traffic, the Contractor shall reimburse the railroad company for the cost of the extra work and damages associated with delays to trains. The railroad company may inspect Work on the railroad Right-of-way at any time to ensure that the Work will not adversely impact train traffic or safety.

1708.2STRUCTURAL PLANS AND CONSTRUCTION METHODS

The Contractor shall not perform Work affecting railroad traffic, embankment, drainage, property or train crews before the railroad company approves the Contractor’s construction methods and protective measures. The Department will consider costs resulting from compliance with the requirements of this section as Incidental. The Contractor shall prepare detailed Plans indicating the construction methods and protective measures intended for use adjacent to the railroad company’s tracks or at any Structures that are part of the Project. The detailed Plans shall indicate the protective measures used to safeguard railroad property, embankment, traffic, and trainmen from damage and accident during construction operations adjacent to and over or under the railroad company’s track. The detailed Plans and methods shall include the foll owing:

Contractor shall construct a railing, approved by the railroad company before construction, between the tracks and the Structure excavation and at the ends of the excavation as approved by the railroad company.

shall drive the sheeting before excavating for the Structure. The Contractor shall cut off the sheeting at or slightly below the ground level immediately after driving the sheeting. The Contractor shall install and remove sheeting as approved by the railroad company.

tracks after completion of Structure construction. The Contractor shall keep the railing in place until the completion of the backfill.

tracks, Contractor Plans and methods shall include track structure and train protection as approved by the railroad company.

methods shall include track structure and train protection as approved by the railroad company.

railroad company. The Contractor shall submit the detailed Plans to the Engineer. The Engineer will secure Department approval prior to submitting the Plans to the MnDOT Office of Freight and Commercial Vehicle Operations. The Office of Freight and Commercial Vehicle Operations will coordinate railroad company approval. The Contractor must allow 45 Calendar Days for railroad company Plan review. If Contractor Plans are required to be revised or modified by the railroad company, the revised Contractor Plans are again subject to 45 Calendar Day review. Contractors may not deviate from the approved engineered Plans as approved by the railroad company without Department and railroad company approval. For Plans requiring modification for approval, the Contractor must resubmit revised P lans to the Engineer. The Engineer will provide the final approved Plans to the Contractor.

1708.3RAILROAD PROTECTIVE LIABILITY INSURANCE

If performing Work on the railroad Right-of-way or hauling Material across a railroad company approved temporary crossing, the Contractor shall provide Railroad Protective Liability Insurance in accordance with the following: A Minimum Limits of Liability The Contractor shall provide the following minimum limits of liability:

B Coverages The Contractor shall provide the following types of coverage:

The Contractor shall provide an insurance certificate showing that the required insurance is in full force and effect before beginning Work. The Contractor shall not cancel the insurance until the Engineer has accepted the Work requiring the insurance. The Contractor shall submit one true and correct copy of the insurance policy to the Engineer and to each affected railroad company at least 10 Calendar Days before beginning Work.

1708.4FLAGGING, PROTECTIVE SERVICES, AND DEVICES

The railroad company will provide flagging and other protective services and devices for Contract-required Contractor Work to protect railroad facilities, personnel, E quipment, and traffic. The Contractor shall arrange with the railroad company for flagging and protective services and devices if performing Work in accordance with the following:

under the railroad

railroad company

way having component parts that, if tipped or dropped, could damage the rail road company facilities and Equipment

company representative determines that the track or other railroad facilities may move or settle

to railroad track, communications, signal, electrical, or other facilities The Contractor shall notify the railroad company and the Engineer at least 30 Calendar Days before the need for flagging and other protective services and devices . The Contractor shall notify the railroad company and the Engineer at least 7 Calendar Days before the date flagging and other protective services and devices will no longer be necessary to allow the railroad company to remove the flagger position, as required by railroad company-union agreements. The Contractor shall obtain special permission from the railroad company before moving heavy or cumbersome objects or Equipment across a temporary crossing that could damage the track structure. Unless the Contract requires otherwise, the Department will reimburse the railroad company for the costs of necessary flagging, other protective services and protective devices required to protect the railroad company’s facilities, personnel, equipment, and traffic.