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Contract/Bond_A-One Geothermal, Inc. for 17th Street Railroad Crossing Exploratory HDD Excavation Copyrighted December 16, 2019 City of Dubuque Consent Items # 26. ITEM TITLE: ImprovementContracts / Performance, Paymentand Maintenance Bonds SUMMARY: Sheets Design Build, LLC forthe Multicultural Family Center Expansion & Renovation; Tschiggfrie Excavating Co. for 17th Street Railroad Crossing Exploratory Excavation; A-One Geothermal, I nc. for 17th Street Railroad Crossing Exploratory HDD Excavation. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type ContracVBond Sheets Design Build, LLC Supporting Documentation ContracVBond Tschiggfrie E�avating Co. Supporting Documentation ContracVBondA-One Geothermal, Inc. Supporting Documentation TI IF.i C'[TY OP " D�� � City of Dubuque Engineering Dept. 50. W. 13�''Street !1'(�r�l��r���i��c•c�air 11re� rL�1i��r��i��j�i Dubuque, IA 52001 (563) 589-4270 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), made in triplicate, between the City of Dubuque, lowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and A-One Geothermal,Inc. (Vendor Name) 1635 135th St.Earlham, IA 50072 (Vendor Address-City and State) PROJECT TITLE: 17TH STREET RAILROAD CROSSING EXPLORATORY HDD EXCAVATION For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for(the Project): See Exhibit B attached for work involved in the Project. The work described above shall be completed at the following location(s): Undergound through the Canadian Pacific Railway tracks A the former 17th Street location. The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of lowa and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. Page 1 of 4 2. Contract Documents shall mean and include the following: This Contract; all ordinances and resolutions heretofore adopted by the City Council having to do with this Project; the Vendor's Proposal; and any, Plans and Specifications and General Requirements as adopted by the City Council for the Project which are listed in the Special Conditions section of this Contract. 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before December 20, 2019 . (DATE) 7. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of Vendor, or anyone directly or indirectly employed by Vendor or anyone for whose acts Vendor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 8. Unless otherwise specified in the Contract Documents, prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule �ttached to this Contract and listed in the Special Conditions section. 9. The Vendor agrees that no work under this Contract shall commence on the Project until the City has issued a written "Notice to Proceed" to the Vendor. Any work started by the Vendor prior the issuance of the Notice to Proceed shall be considered unauthorized and done at the sole risk to the Vendor. 10. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it Page 2 of 4 will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. THE CITY AGREES: Upon the completion of this Contract, and the acceptance of the Project by the City Manager, the City agrees to pay the Vendor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the prices stated in the Vendor's Proposal and less any liquidated damages provided for in the Contract Documents. The work as stated in the Contract Documents is approximate only, and the final payment shall be made for the actual work completed as listed below in this Contract. CONTRACT AMOUNT $ 16 500 THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 20 % OF THE ABOVE LISTED ESTIMATED AMOUNT CITY OF BUQUE, IOWA VENDOR: By: ��- j �'� (� I"!�'+ A-One Geothermal, Inc. Mic ael C. Van Milligen D e ' ` Company Name City Manager BY� � ��� � � �� �� 12/4/2019 Signature Date Lori McNair Printed Name Vice President Title VENDOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: By: : e � 12/4/2019 Signature Date Lori McNair Printed Name Vice President Title Page 3 of 4 The followin S ecial Conditions shall a I to this Pro'ect: CONTRACTOR SHALL OBTAIN INSURANCE MEETING SCHEDULE F ATTACHED CONTRACTOR SHALL OBTAIN INSURANCE MEETING CPR RPL POLICY ATTACHED CONTRACTOR SHALL COMPLY WITH SAFETY REQUIREMENTS ATTACHED REV. 07/18 Page 4 of 4 w � W o rk 5 how i� a n E x hi b it A g ❑th ers I I I I CANADIAN PACFIC RAILROAD/ CPR R/W I yo�pLORATORY OPEN EXCAVATION PITS VJ Y CITY OF DUBlJ01JE R/W � RIGHT-OF-WAY SHALL BE BACKFILLED AND COMPACTED � � ALLIANT SUB STATpN � � I � E%CEED ]2 ENCHES,RTO MIMMUMS90XTOFo MODIFlED PROCTOR MAXIMUM DENSITY. � 2.CONTRACTOR SHALL BE RESPONSIBILITY J FOR LOCATNG,WENTIFYING,AND W PROTECTING EXISTING FACILITIES AND - - - UNDERGRWND UT�ITIES. o � � � � CITY OF DUBllOUE � PROTECT EXISTING ELECTRICAL CONDUIT 3.CONTRACTOR SHALL PROVIDE A RECORD + RIGHT-OF-YIAY DRAWINC WITH APPROPRIATE MEASl1REMENTS � EXISTING STOR�I SEWER PROTECT EXISTING PO E/FIBER OPTIC FOR IXISTING UTILITIES ENCOUNTERED o JUNCTION CHAMB@R DURING THE WORK TO BE LOCATED. � _ 17TH STREET _ _ _ _ _ _ � o'x50'LEVEL PAD �.CONTRACTOR SHALL STRIP,SALVAGE. EXC �� TOP OF PAD =597.00 STOCKPILE,AND RE-USE EXISTING TOPSOIL. ' AVpT��N ��MIT jg�M�N ' � � TEM OIRARYBSTABL�ED WITHLMUICH OVEA � THE TOPSOIL. � PRO ECT EXISTING 84-IN RCP STORM SEWER A' o •00 00 + Q 13+00 + O • 14+00 +�O ' 15+00 + O #.�a DISC ARGE TO LOWER BEE BRANCH ,V y - � w N 1 " � � ❑ i i ❑ r COORDINATE WI H HDD CONTRACTOR � 3 AND TEMPORAR CRADE 9ANK AS NECESSARY � � TO ALLOW HD EUUIPMENT ACCE55 � � I � - - I I I � I ' o g 2 O � � < a W � � Z Z w J ' � o Q o PROTECT EXISTING STO M SEWER o = � = JUNCTION CHAMBER „i -� t J � ' O D U O ' ' ���r . � � � . .. � � � .. � I • 1 I � i PROTECT EXISTING 84-1N 0 FEET 40 � 80 � CITY OF DUBUO E R/ ( RCP STORM SEWER � , N i � � _ O F J o a CITY R/W CP Id/W CP R/W F �y � w O 620 620 W p o � � I-EXISTING REFERENCE LlNE PROFILE I � d Q m 2 w � F � CO 615 Z � 615 y Z K ow z = Q Q W � a � � F- �' a 1� Z �C' F � 610 is�� U� � 610 � � � � o �_� -�-.—�15'_1�- O _—___.�.—______�—'�' � !—_� --- � -' -... 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' _._ � � }. _ .• '�: •� % _ _ -- - � ` �..�y XISTINC ILE z � • E REFERENGE LlNE ^PROF - � � o � w _ _ �.}�, -�.R��i:�• ,. _. _. _ . .� , .� _ _. . w AMETER EL T � Z 615 _.: . _ _ �i �(�E.FN _;�� z - � EXP ORATORY BQRES (TYPJ � y C� � � O 2 , :r►'r _ z- Z . o:. = 615 au ��: 2zooa •�� _ �. � � _ _ _ � r = a � � ; _ ;j�., • � ,�. _ .. _. i Q�_ . � � JUNCT.NON S HAMBER W�R _ ... � � 0 � m 610 5 - 5 5' DIAMETER , .,,t�, . �4 a�, __ . f� EXPLORATORY BORES . �'�y�;^� I�VV P'.o`�� �(-l. _ _�,.:. _.:.-�`--,�,s-....._� _ . ' 610 J � o �TYP.) � s4p��u�u►q����� � �� . _,,,_... ...__. —..._. .. _ _ O. W L�',, - _ . . y_,.- - _ _ - - � �P ��—�- _ — ^�^`sl` .. . . +".��`��.�.— .. _ .. t, � � „�...�.�....e �����..+n. .. .. .. UTURE8�... __....,..�.._.�_,......`�.-.,,,._ ' , ; .�. . 605 IAMETER.STEEL _ a '_ � � _ . 605 _ , , _ _ , ,., , ULVERT PIPE .r.,.. . � ,' � _. , _ �� _ � _.. , _ . _ .. , _ _ _ , . E . .. . _._ ... . . .. � .. r .. . � _ .. . . . . _ ., . . . ... ; _ ... ' i' ( \ 600 ,. _ ' , _ f �� � 600 , , ._ , _ ; , r ; _. _ ; _ . _ -_ �- ; . : • + ,r ' , . � ' . . E , \ _ .,,. � ; ;. , _ _ � ,, , , 595 " � � _ _ _ : = 595 . _ � � ; � � , ,,, , . � � �, � _ � , i ._ � , �+ _.. ; } _ � . . , _ ��1 n,�` _ XISTING @4-IN S7QRM _ Q O p , , ---- , , ,._ , ` $EW NVE . 0 +l- JOB NO. � � . i .: ER I RT.588 8 . _, � 590 . , , � s _ �: M1 590 1.154.072 ,,b .,: EXtSTING STORM LE:= 598.08 , _ ' a . � .\\ PRo.IECT rv�GR. , � _ --_— - --- - - � ��u CROSS �ECTION A-A � , _ ; 585 : _ , ; 585 ' EXISTING 8A-IN STORM SEWER INVERT ; � � , __ EXISTING GROUNU; � , � __.. OV€R REFERENCE: , _ __ LINE� � _ _ , _ 580 _ : _ • 580 �+*� p�ry, � _ _. ; �7 1 ��IYLd .: m � ;o =� ,� _. � � � ASSOCIATESp o � o ,o !:o �o o m 575 _._ � w -- `� � in �a �o :�n 575 BHEET 13+00 13+50 14+00 14•a50 15+00 15+50 16+00 16+50 EX1�91�iT E3 use�: ericv 8/7/2019 .-�����228:52 PM S:\MAp\1100--1199\1154\061 Micros\Plan\Roilrood Extansion\C003 — Moditied �- 17th_PP_.1 Fiber exhibit.dqn � �� ��� " ----- ---� - -� ---- �-- ---- City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub-Subcontractors INSURANCE SCHEDULE F Class A: Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving &Surfacing Storm sewers Demolition Piles &Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Class B: Chemical Spraying Landscaping Rough Carpentry Doors, Window& Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting &Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Class C: Carpet Cleaning General Cleaning Power Washing Carpet&Resilient Grass Cutting Tile&Terrazzo Flooring Flooring Janitorial Window Washing Caulking &Sealants Non Vehicular Snow& Acoustical Ceiling Ice Removal Filter Cleaning Office Furnishings Page 1 of 6 Schedule F, General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors May 2019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) 1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the lowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project# Project name: „r,,�, uu rr„��;n$F��,�„ra��ry un„F�a.,aA�„ Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide. 3. Each Certificate required shall be furnished to the E„g�ne�r;n� . Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub-subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements to various policies shall be attached to the certificate of insurance. 7. Whenever an ISO form is referenced the current edition must be provided. 8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit then the contractor's limits shall be this agreemenYs required limits. 9. Contractor shall be responsible for deductibles and self-insured retention. Page 2 of 6 Schedule F, General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors May 2019 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit(any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04"Designated Location(s)General Aggregate LimiY'or CG 25 03"Designated Construction Project(s)General Aggregate LimiY' as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa Code sec. 87.22. Completed form must be attached. Page 3 of 6 Schedule F, General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors May 2019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 D) UMBRELLA/EXCESS LIABILITY Umbrella liability coverage must be at least following form with the underlying policies included herein (General Liability, Automobile,Workers Compensation). All Class A contractors with contract values in excess of$10,000,000 must have umbrella/excess liability coverage of$10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of$3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/ezcess liability coverage of$1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of$3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: _yes X no Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations)or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. Page 4 of 6 Schedule F, General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors May 2019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) F) RAILROAD PROTECTIVE LIABILITY Coverage required: �yes _no Any contract for construction or demolition work on or within fifty feet(50')from the edge of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, or crossing, for which an easement, license or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railroad Protective Liability: $5,000,000 E;ach occurrence (per limits required by Railroad) $10,00O,OOQ ��olicy aggregate(per limits required by Railroad) OR An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual Liability-Railroads). A copy of this endorsement shall be attached to the certificate of insurance. Page 5 of 6 Schedule F, General,Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors, Subcontractors or Sub Subcontractors PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non-Denial of Coveraae. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s)of governmental immunity asserted by the City of Dubuque, lowa. No Other Chanae in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 6 of 6 Schedule F,General,Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019 EE1giREE:f�Ylg 52eti ICEs� C$flIC�LII'E.5�:�!'Q�EfFS J � ' � $U i�.�E'9'1..�3 �2C�Scuth 6rh 5.r, Cp h�linnE���L'is,h1fV 53«�2 INSUR.AfVCE REQUIREMENTS RAILROAD PROTECTIIfE lIABILITY • Worker's compensation insurance which fully meets the requirements of any Worker's compensation law in force at the location where the work is performed, including the requirements of any occupational disease law. • Automobile Liability insurance covering all owned, non-owned an hired vehicles engaged in c�r about the work site, with � combined single limit of$1,000,000. • Comprehensive general liability insurance with a combined single limit of not less than $2,000,000 per occurrence and $5,000,000 aggregate. • Railroad protective liability insurance (occurrence form) , in the name of the Soo Line Railroad Company d/b/a Canadian Pacific,with limits of $5,000,000 per occurrence and $10,000,000 aggregate for bodily injury (including death) and property damage. Before Licensee is allowed to enter the property, Licensor must receive and approve certificates of insurance evidencing the workers compensation, comprehensive general liability, and automobile insurance and stating that such coverage will not be cancelled or materially changed without ten days written notice being given to Licensor. Licensor must also receive and approve either the railroad protective liability policy or a binder evidencing that coverage is in effect. All of the required policies shall be issued by insurers acceptable to Licensor and shall be acceptable to Licensor in both form and substance. Licensee shall not enter the Property until all of the required policies have been approved in writing by Licensor. l-he automobile and comprehensive general liability policies shall be endorsed to add Licensor as an additional insured and to waive subrogation against Licensor. The comprehensive general liability policy shall include a contractual liability endorsement covering Licensee's obligations under this Agreement. If the policies are procured by Licensee's contractor, Licensee shall be added as an additional insured under such policies. If the contractor uses and subcontractors(s), the contractor shall provide the required insurances and shall, in addition, either: equivalent to that described herein or (ii) obtair�i endorsement to the required policies naming the subcontractor(s) as additional insured parties. . CANADIA �V �J � PAC � F' � � ��s MINIMUM SAFETY REQUIREMENTS FOR CONTRACTORS WORKING ON RAILWAY PROPERTY April 2007 Initialed by.� Can�dian Pacific's Minimum Safety Requirements for Contractprs Workiny on Railway Property is the minimum safety requirements to be followed at all Times. Note— Prior t�th� cc�nirrierlcemenf of any work at the worl<site, a I�c:al safety c�rient�zti�n must he conducted ir� conjunction with C�ariadi�n Pacific�nc� shall incli�de th�follc�wing: • Hazard identific�lion / risk assessment of hazarcis inl�erent in th�w�rk to be undert�l<en or yenerated by th�;work ��roc;esses to be �a�ed. • Vari�us controls usecJ to mitigate risk of th� h��zards prese:nt bc�th as a result of the r�iilway and cc�ntr�ctor worl< processes. • Lc�cal commuriicatic�n K�r�cedures incl�.iding �r�iergericy call-aut/responJe. • Loc��l ev�cuatioi� �roceclurFs. fnitiafed+�y' � TABLE OF CONTENTS SR1INTRODUCTION..........................................................................................................4 SR2GENERAL.....................................................................................................................4 SR3 PERSONAL ATTIRE...................................................................................................4 SR4 PERSONAL PROTECTIVE EQUIPMENT...............................................................4 SR5PERSONAL CONDUCT............................................................................................. 5 SR6 PROTECTION OF RAILWAY TRAFFIC AND PROPERTY................................. 6 SR7 TRAIN MOVEMENTS AND WORKING NEAR TRACKS .................................... 7 SR8 TOOLS, EQUIPMENT AND MACHINERY.............................................................. 9 SR9CRANES...................................................................................................................... 10 SR10 CLEANUP, ENVIRONMENT AND FIRE PREVENTION .................................... 11 SR11 HAZARDOUS MATERIALS and RESPONSIBLE CARE.................................. 11 SR12 FIRST AID, INCIDENT AND ACCIDENT REPORTING ..................................... 12 SR13JOB BRIEFINGS ....................................................................................................... 13 SR'!4 CONTRACTOR SAFETY POLICY......................................................................... 14 SR15 CONSTRUCTION SAFETY PLAN ......................................................................... 14 SR16 COMPLIANCE WITH SAFETY REQUIREMENTS............................................. 16 TABLE A - EMERGENCY INFORMATION SHEET Initia/ed by: 3 SR1 INTRODUCTION 1.1 At Canadian Pacific ("CP"), safety is an integral part of the way we do business. We expect everyone working on Canadian Pacific's property ("Railway propert�') to be unconditionally committed to safety. Safety must be given top priority and will take precedence over deadlines, production schedules, and all other considerations. SR2 GENERAL 2.1 The Contractor shall be solely responsible for the safety of iYs agents, employees and subcontractors ("Contractor Personnel"). 2.2 The Contractor shall comply with all applicable health and safety legislation, regulations and codes applicable to the work. 2.3 The Contractor shall ensure that all Contractor's Personnel comply with the following safety requirements when working on Railway property. The Contractor shall have a copy of the following documents on site at all times: 2.3.1 Canadian Pacific's Minimum Safety Requirements for Contractors Working on Railway Property. 2.3.2 Contractor's construction safety plan pursuant to section SR15(if applicable). 2.3.3 Contractor's Emergency Information Sheet pursuant to section SR15. 2.3.4 Contractor's safety policies, rules and work procedures pursuant to SR14. 2.4 Access to Railway property for any Contractor Personnel is at CP's sole discretion. Such access is only for the purpose of Contractor Personnel performing services for CP, and only for the duration of Contractor's contract with CP. The Contractor shall ensure that Contractor Personnel wear appropriate Contractor photo identification and/or visitor tags while on Railway property, and have appropriate documentation to verify the services being performed for CP. The Contractor shall ensure that Contractor Personnel comply with CP's instructions regarding security restrictions or other restrictions resulting from emergent conditions. SR3 PERSONAL AT11RE 3.1 The Contractor shall ensure that Contractor Personnel wear clothing required by applicable legislation, regulation and codes and is suitable to perform job functions safely, protect against hazards to thP skin and adequate for existing weather conditions. SR4 PERSONAL PROTECTIVE EQUIPMENT 4.1 The Contractor shall ensure that Contractor Personnel wear personal protective equipment required by applicable legislation, regulations, codes and as necessary to protect against personal injuries while on Railway property, and in accordance with this Article SR4. All personal protective equipment shall be approved by the Canadian Standards Associations (CSA) or by the American National Standards Institute (ANSI), and shall be in good condition and be properly fitted. Initialed by: 4 LM 4.2 The following mandatory protective equipment shall be supplied by the Contractor at its own expense, and Contractor shall ensure that it is worn by Contractor Personnel on Railway property: 4.2.1 Safety hard hat shall be worn at all times, except inside enclosed vehicles or equipment. 4.2.2 Safety boots shall be worn at all times. They must have puncture resistant soles and meet CSA Z195 Grade One Green Triangle (Canada), or US ANSI Z41, Section 5 standards. 4.2.3 Safety glasses with permanently attached side shields that meet CSA Standard 94.3 (in Canada)and ANSI Standard 87.1 (in the US) must be worn at all times, except inside office buildings*** and inside enclosed cabs of vehicles. ""Safety glasses as specifed above must be worri in office buildings,if the task being performed,results in a risk of injury to the eyes(i.e.construction related tasks,working with electrical hazards,etc.). Additional eye and face protection equipment is to be worn as determined necessary by the Contractor, based upon the contractor's risk assessment. Under special circumstances, whereby, the wearing of safety glasses will hinder specialized work being performed by the contractor or that the safety can be improved for the contracted employee(s) by varying from the standard outline above, the wearing of such will be determined by the Contractor, based upon the contractor's risk assessment. 4.2.4 Hearing protectors shali be worn in all designated locations and as required by any applicable governing legislation, regulations, and codes. 4.2.5 Appropriate respirators shall be worn whenever work processes create airborne particulates(i.e. dust, mist, vapour or fumes). 4.2.6 High visibility fluorescent work wear with reflective striping (CSA (Canada) or ANSI (US)approved preferred)shall be worn when on Railway property. High visibility work wear must not be covered by other clothing or equipment, except where necessary for safety reasons such as where fall protection or pole climbing equipment is being used. SR5 PERSONAL CONDUCT 5.1 Entry upon Railway property when in possession of, or under the influence of intoxicants, narcotics, controlled substances or medication which may in any way adversely affect alertness, concentration, reaction response time or safety is prohibited. Contractors must have appropriate programs and processes in place to ensure that Contractor Personnel are in compliance with this requirement. 5.2 P�ssessing or using any alr..�holic beverage or drug is prohibited when working on Railway property: Initialed by: 5 LM 5.3 CP is committed to providing and maintaining a work environment that supports the dignity of all individuals and wilt not tolerate any discrimination, harassment or violence in the workplace. Contractor shall ensure that Contractor Personnel conduct themselves in a manner consistent with these principles. 5.4 Smoking is prohibited in all buildings and on all Railway property, except where CP management has designated an outdoor smoking area. SR6 PROTECTION OF RAILWAY TRAFFIC AND PROPERTY 6.1 The work shall be organized and executed in such a manner as to ensure no interference with the regularity and safety of railway operations. No step in any sequence of operations which might either directly or indirectly affect the regularity or safety of railway traffic shall be started until approval of the project manager has been obtained. No temporary structure, materials, or equipment shall be permitted closer than 12 feet (3.66 meters) to the nearest rail of any track without prior approval in writing of the project manager. 6.2 No work shall be done on or above, or use made of, any trackage without approval by the project manager and then only under the direct supervision of a qualified CP flagperson, or unless they are specifically authorized and qualified to perform said work. 6.3 The Contractor shall, at all times, conduct its operations in a wholly responsible manner to avoid damage to the CP's trackage or property. 6.4 Signs, signals and flags necessary for the safe operation of the railway shall not be obstructed, removed, relocated, or altered in any way without proper authorization. Blue flag protection on tracks signifies CP employees are on, under or between rolling stock equipment. Blue flags are important safety devices and must not be touched or obstructed. 6.5 Only qualified personnel are permitted to operate switches, derails, electric locking mechanisms or other appliances. The Contractor shall keep equipment, material and Contractor Personnel clear of this equipment at all times. Neither the Contractor nor Contractor Personnel shall operate or tamper with any signal or communication systems or any other railway safety devices unless specifically authorized and qualified. 6.6 While railway traffic is passing thr��.agh, within 5� feet of the work area, the mechanisms for securing rotating equipment must be used to prevent rotational movement. Buckets on shovels must be lowered to the ground to rest. Operators shall get out of their equipment and position themselves in a safe area 20 feet from the track as a minimum where possible. When working in multi-track territory Operators shall exit to the non-live side of the track and position themselves in a safe area 20 feet from the track as a minimum where possible (do not stand on or between adjacent tracks). 6.7 Construction equipment parked on Railway property on nights or weekends shall be secured in a safie position well clear of all tracks to prevent accidental contact with trains and moving equipment and to not restrict train crew sightlines. As much as possible, materials shall be stored in locations where they are not subject to public viewing in Initia/ed by: 6 LM order to prevent vandals from using them to cause derailments or damage to Railway property. Scrap materials shall be disposed of as soon as possible. The Contractor shail consult with CP personnel to determine the best location to store equipment and materials. 6.8 Before starting excavation operations, the Contractor shall ascertain that there are no underground wires, fibre optic cables, pipelines or other facilities which could be damaged or , if present, that such installations are properly protected. Fibre optic cables are present on most segments of the right-of-way. Prior to commencing any excavation, the Contractor shall contact the proper authority to obtain the necessary permit and to locate and protect such cables. Excavations shall not be left unattended unless they are properly protected; and the CP supervisor shall be notified. 6.9 Railway pole lines carry electric power and should be treated as any other power lines. 6.10 Any Contractor Personnel discovering a hazardous or potentially unsafe condition which may affect the safe passage of railway traffic must advise CP immediately: In Canada— Network Management Centre (NMC) Caigary 1-800-795-7851 In the US—Operations Centre Minneapolis— 1-800-SOO-HELP (1-800-766-4357) SR7 TRAIN MOVEMENTS AND WORFdNG NEAR TRACKS 7.1 The Contractor shall ensure that all Contractor Personnel are aware of and comply with the following safety rules which apply to working near railway tracks: 7.1.1 Personnel shall be alert to train movement shall expect the movement of trains, engines, cars, or other moveable equipment at any time, on any track, and in any direction, even cars on sidings that appear to be stationary or in storage. Stay at least 50 feet (15 meters) away from the ends of stationary cars when crossing the track, and never climb on, under or between cars. To cross tracks, personnel shall look both ways, and if the tracks are clear, walk at a right angle to them. 7.1.2 Personnel shall not rely on others to protect them from train movement. The rPsponsibility is theirs for s�fety on the railway. 7.1.3 Personnel shall not stand on the track in front of an approaching engine, car or other equipment. 7.1.4 Personnel shall be aware of the location of structures or obstructions where clearances are close. 7.1.5 Personnel shall not stand or walk on railroad tracks, either between the rails or on the ends of ties unless absolutely necessary. Personnel shall stay clear of tracks whenever possible. Initialed by: 7 Ltv1 � 7.1.6 Within the United States, "ON TRACK SAFETY" rules apply. This is a set of rules, which were developed and promulgated by the Federai Railroad Administration (FRA 49 CFR Part 214, Subpart C - Roadway Worker Protection Regulations). The On Track Safety rules apply to contractors to a railroad who perform inspection, maintenance or repair to railroad facilities. These rules and procedures must be complied with to work on or near Railroad property. Specific training and obedience to these rules and procedures are a requirement of the FRA. Significant willful fines can result from the violation of these rules. � Please refer to Canadian Pacific's General Requirement for Contractors On Track Safety Procedures. Contractors will not be allowed to foul a track unless: o They have been properly advised of the On Track Safety awareness procedures; o A railway employee who is qualified to provide protection is present at the work site. Fouling Track- The placement of an individual or an item of equipment in such proximity to a track that the individual or equipment could be struck by a moving train or track unit or in any case within four(4)feet of the field side of the nearest rail. 7.1.7 No work activities or processes are allowed within 50 feet (15 meters) of the track centerline while trains are passing through the work site unless specifically authorized. Personnel shall always, where possible, stand at least 20 feet back from the track(s), to prevent injury from flying debris or loose rigging. Also, personnel shall observe the train as it passes and be prepared to take evasive action in the event of an emergency. 7.1.8 Personnel shall not remain in a vehicle that is within 50 feet (15 meters) of a passing train, and shall not drive near moving trains. Personnel shall move vehicles away from the tracks at least 50 feet (15.24 meters) unless specifically authorized, or park the vehicle away from the tracks and walk to a safe distance whenever trains pass. 7.1.9 Pers�nnel sriall nofi starid on �r between adjacent tracks iri multiple track territory when a train is passing. Personnel shall be especially alert in yards and terminal areas as engines may be pushing cars, cars may be moving without any engine attached and engine/cars change tracks often. 7.1.10 Personnel shall not walk, stand or sit on the rails. As the rail surface can be extremely slippery, personnel must step over the rails when crossing tracks. Personnel shall also be aware railway ties can also be slippery and that railway ballast can shift while walking on top of it. Personnel shall stay away from track switches as rem�tely c�per�ted switr.,h points can move unexpectedly with enough force to crush ballast rock. Initialed by: � LRrt Personnel shall stay away from any other railway devices they are unsure of. Personnel shall not disturb or foul the baliast at any time. 7.1.11 Personnel shall not foul the track with any piece of equipment without a CP flagperson and proper protection. 7.1.12 Certain projects will require the assistance of a qualified flagperson. The decision as to where flagpersons are required rests with CP. One week advance notice is required before entering Railway property so that flagging protection requirements may be determined and arranged for. 7.1.13 Good communication between Contractor Personnel and CP's flagperson is imperative. Everyone must have knowledge of the flagging limits, time limits and location to clear for any train movements. CP's flagperson will be responsible for clearing any movement of workers and equipment near the tracks, no matter how minor. 7.1.14 Contractor Personnel shall not interFere with a CP's flagperson who is communicating by radio with the dispatcher or other CP employees. Personnef shall wait until the flagperson is finished and able to give them full attention. Personnel shall not assume a move is cleared by something overheard on a radio conversation. 7.1.15 Personnel shall not move equipment across the tracks except at established road crossings, or unless under the protection and authorization of a CP flagperson and only if the job site has been properly prepared for such a move. Tracked equipment will require a CP flagperson any time railroad tracks are crossed. 7.1.16 Personnel shall not move equipment across railroad bridges or through tunnels, except as expressly agreed by CP, and under such conditions as stipulated by CP, including without limitation, a CP flagperson. 7.1.17 The Contractor shall keep all Contractor personnel informed of current weather conditions. Personnel shall stay alert for possible high water conditions or flash floods. During severe weather conditions: • Personnel shall be prepared to take cover in the Pvent of a tornado. • Personnel shall not work while lightning is occurring; • If storm conditions arise unexpectedly, Contractor Personnel shall ensure that equipment is in the clear of the tracks and secured before seeking cover. Contractor Personnel shall stay away from railroad tracks when visibility is poor, such as during fog or blizzard conditions. SR8 TOOLS,EQUIPMENTAND MACHINERY 8.1 All Contractor equipment, machinery and highway vehicles must: Initialed by: 9 lM • Be in good working order (including lights and safety devices such as back-up alarms)and properly serviced and maintained; • Be safe for their proposed use; • Be equipped with appropriate emergency equipment (examples include fire extinguisher,first aid kit;) based upon Contractor's risk assessment; • Comply with all applicable legislation, regulations and codes. 8.2 Drivers of highway vehicles must be in possession of a valid driver's license of the proper class of the vehicie being operated. The use of seat belts is mandatory for all drivers and passengers. Operators of vehicles and construction equipment must keep their headlights on at all times and observe all facility/area's speed limits and traffic rules. Unless otherwise posted, the speed limit on the CP's roads is 15 mph (24 km/h) or less as conditions warrant. 8.3 Unless authorized in writing, contractors' employees are not permitted to operate or ride on any CP rolling stock and shall not be carried in CP vehicles except in case of an emergency or unless specifically authorized. 8.4 Tools must be used only for the purpose for which they are designed. Defective tools must be repaired or replaced. 8.5 Machinery and equipment must be operated and maintained only by persons properly trained and qualified for that duty. 8.6 All equipment shall be in compliance with applicable legislation, regulations and codes and be equipped with appropriate safety apparatus. In particular, all mobile equipment, including excavators, shall be equipped with beacons and backup alarms. 8.7 The Contractor shall provide adequate lighting when performing work between sunset and sunrise. SR9 CRANES 9.1 The Contractor shall ensure that its cranes and their operation by Contractor Personnel are in compliance with applicable legislation, regulations and codes and be equipped with appropriate safety apparatus. A copy of the latest annual crane inspection shall be provided to CP prior to the commencement of work. 9.2 All cranes shall be equipped with anti-two-blocking devices and safety latches on every hook. 9.3 All lifting apparatus such as steel cables, nylon slings, chains, shackles, etc., must be safety certified. 9.4 The Contractor shall conduct any work in proximity to power lines in such a manner that permits/procedures as required under applicable legislation, regulations and codes are adhered to. Initia/ed by: 1� LM 9.5 While railway traffic is passing through the work area, loads on cranes must be lowered to the ground to rest. Cranes without bucket or load must have their load line tightened or retracted to prevent movement. 9.6 Cranes parked on Railway property on nights or weekends shall be secured in a safe position well clear of all tracks to prevent accidental contact with trains and moving equipment and to not restrict train crew sightlines. Consult with CP personnel to determine the best location to store equipment and materials. Crane booms shall be lowered onto ground supports so that it will be impossible for them to rotate and cause a track to be fouled. SR10 CLEANUP,ENVIRONMENTAND FIRE PREVENTION 10.1 The Contractor shall take care to avoid any hazardous, unsafe, unhealthy or environmentally unsound condition, activity or spill on Railway property. The Contractor shall maintain Railway property in a tidy condition and free from the accumulation of waste products and debris. The Contractor shall not permit any debris, products used in the work, or water used to rinse out equipment, to be discharged or spilled on Railway property or into any adjacent lands, ditches, streams, ponds, sewers, etc. 10.2 The Contractor shall ensure that Contractor Personnel take all necessary precautions to prevent fires. All flammable material such as paper, rubbish, sawdust, oily or greasy rags, etc. must be kept away from buildings, structures and other facilities subject to fire damage. All flammable material must be disposed of daily by Contractor. 10.3 Storing or transporting fuel or gasoline in unapproved containers is prohibited. 10.4 If possible, the use of cutting or welding torches must be avoided during the last one-half hour of shifts. 10.5 Suitable, charged fire extinguishers and/or full water pump cans must be readily available at all times on the work site. Where the Contractor is working on the right-of- way or other property where a fire risk exists, the Contractor shall have appropriate fire prevention and suppression plan (including emergency numbers for CP, local firefighters and fire control districts) as well as such additional fire fighting equipment and trained Contractor Personnel on site, as required by provincial regulations, codes and guidelines. 10.6 CPR's representative must be advised promptly of any fire. Such fire must be fully extinguished or protection provided prior to leaving the work site. 10.7 Upon completion of the work, the Contractor shall remove his surplus materials and equipment from Railway property. The Contractor shall also remove all waste products and debris, including rinse out water, and leave Railway property clean and suitable for occupancy. SR11 HAZARDOUS MATERIALS and RESPONSIBLE CARE �'1.'1 If chemicals are required by the �;ontractor to carry out its contractual obligations, the Contractor must ensure that the transport, label, use and storage of any chemicals are in accordance with all applicable laws, regulations and codes. lnitia/ed by: I 1 LM 11.2 For all chemicals to be used, the Contractor must have available on site the latest Material Safety Data Sheet (MSDS) and provide CP with a list of employees' names who have been trained in Workplace Hazardous Materials Information System (WHMIS), or in OSHA's Hazard Communication Standard. 11.3 A current emergency response plan must be maintained by the Contractor and made available upon request to CP. Emergency response plans must include at a minimum: • Contractor reporting procedures in the event of an incident or spill; • Emergency response contacts and phone numbers; • Incident reporting phone numbers including phone numbers for CP incident reporting and local CP personnel. Any Contractor Personnel discovering a hazardous or potentially unsafe condition which may affect the safe passage of railway traffic or reporting an emergency or spill must advise CP immediately at: In Canada, Network Management Centre(NMC)Calgary 1-800-795-7851 In the US, Operations Center Minneapolis—1-800-SOO-HELP(1-800-766-4357) Canadian Pacific Police Services—1-800-716-9132 11.4 In the event of an incident or spill, The Contractor must take all reasonable actions to contain the spill and respond in accordance with its emergency response plan. 11.5 The Contractor shall dispose of all chemicals and surplus waste materials in accordance with all relevant legislation, regulations and codes. 11.6 In addition to compliance with all applicable legislation, regulations and codes and as part of CP's commitment to Responsible Care (an initiative by the chemical industry to which CP is a Responsible Care partner), contractors must have appropriate systems and controls in place to mitigate potential environmental, health and safety risks while using chemicals on Railway property. CP will provide Contractor with information regarding Responsible Care upon request from Contractor. SR12 FIRST AID,INCIDENT AND ACCIDENT REPORTING 12.1 The Contractor must have a first aid kit, of a size suitable for the crew, available in the immediate vicinity of the work site. It must be examined by the Contractor prior to the commencement of work, after each use and regularly each month to ensure that it is properly equipped. Any missing or altered articles must be promptly replaced by the Contractor. 12.2 Where required, other first aid equipment such as stretchers, emergency showers, eye wash stations, etc. must be made available by Contractor at the work site. Initialed by.• 12 Lfvt 12.3 All accidents, personal injury, occupational illness, damage to Railway property or customer property, and incidents, such as environmental spilis, must be reported prompt�y by the Contractor to CP. The Contractor shall provide CPR with as much detailed information as possible, including: • Time of incident; • Location of incident; • Extent of injuries and/or damage; • Description of incident including the cause of incident, if known; and • Contractor's name and telephone number. Canadian Pacific Emergency Numbers In Canada, Network Management Centre(NMC)Calgary 1-800-795-7851 In the US, Operations Center Minneapolis—1-800-SOO-HELP(1-800-766-4357) Canadian Pacific Police Services—1-800-716-9132 In the event of an environmental spill or any spill that could have a negative impact on the environment,the Contractor shall also provide CP with the following information: • Description of location and surrounding area, including any sensitive environmental areas nearby(e.g., rivers, parks, sewers); • Type and quantity of substance released; • Cause of spill or deposit, if known; and • Details of any immediate action taken or action proposed to be taken to contain spill and recover substance. 12.4 Security concerns and security incidents (i.e. theft, vandalism, bribery, stalking, assault or other incidents that may cause injury or property damage, or involve criminal activity) must be reported by Contractor to the Canadian Pacific Police Service 1-800-716-9132. SR13 JOB BRIEFINGS 13.1 When required by CP or by the Contractor, a job briefing must be conducted. 13.2 The Contractor Personnel performing services on Railway property must participate in the job briefing and any such individuals who are not able to be present at the main briefing, must attend a separate briefing. Contractor must ensure that all Contractor Initialed by: 13 LM Personnel on the work site understand the content of the job briefing. CP representative(s) or designates may attend at CP's sole discretion and shall include the participation of the CP Flagperson if present at the worksite. 13.3 The following topics should be covered in the job briefing: • Tasks to be accomplished; • Work location; • Contractor Personnel responsibilities; • Equipment to be used; • Specific safety reminder due to a hazardous condition; • Identification of all potential hazards specific to the area(s) in which they will be working and the tasks they are performing; • Speciai instructions due to an unusual situation or practice; • Type of track protection along with iYs time and physical limits and identification of CP's employee responsible for the protection; • Emergency response plan/evacuation procedures. SR14 CONTRACTOR SAFETY POLICY 14.1 Prior to the commencement of any work, the Contractor shall provide CP with its applicable safety policies, rules and procedures. SR15 CONSTRUCTION SAFETY PLAN 15.1 Prior to commencement of any construction work, the Contractor shall provide CP with a Construction Safety Plan. 15.2 The Construction Safety Plan shall: 15.2.1 List and define the construction methods that will be used for each major phase of the work and describe the process and safety procedures to be incorporated. 15.2.2 Integrate the necessary safeguards to be implemented in the work's planning schedules. 15.2.3 List all safety activities and their frequency including: • Contractor Personnel's Review of: ■ Canadian Railway's Minimum Safety Requirements for Contractors Working on Railway Property; Initialed by: 14 LM ■ Contractor's Safety Plan; ■ Contractor's Emergency Information Sheet, and Emergency Response Plan; • Contractor Personnel Orientation Meetings; • Site Hazard Assessments; • Site Inspections and Monitoring; • Safety Meetings. 15.2.4 Provide for each piece of heavy equipment to be used, such as loaders, excavators and cranes, a summary of the Contractor Personnel's experience, past performance and safety tests, and list of previous accidents resulting from the equipment's operation. 15.2.5 Provide the layout of temporary construction buildings and facilities, including how the Contractor will ensure safe use. 15.2.6 Provide details of emergency procedures for work near or over water. Emergency equipment such as ring buoys, floating vests and, if physically possible, a powered boat must be readily available in the downstream vicinity of the work site. 15.2.7 Provide details of safety procedures for blasting work. Explosive materials must be handled, stored and used in accordance with all applicable legislation, regulations and codes. 15.2.8 Provide details of safety procedures for work in confined spaces including: • Atmosphere test results; • Evaluation of hazard within the confined space; • Procedures for entering/existing the confined space; • Required protection equipment; • Emergency procedures and equipment. Prior to entry of any Contractor Personnel into a confined spaee, Contractor shall conduct such testing, and obtain such permits as required under applicable legislation, regulations and codes. Contractor shall ensure Contractor Personnel wear such additional protective equipment as determined necessary by the Contractor, based upon the Contractor's risk assessment of the space (examples include full body harness, approved respirators, etc.). Initialed by: 15 LM 15.2.9 Provide the layout of cranes, proposed lifting procedures and other pertinent information such as cranes' capacity charts, working radius, loads, possible obstacles or site restrictions, etc. 15.2.10 Provide an Emergency Information Sheet for notifying medical assistance, emergency transportation and direction of rescue operations, including the information identified in appended Table A. Copies of this document shall be present on site at all times and be in a location readily accessible to all Contractor Personnel on the site. Its content shall be reviewed at the beginning of each week and when job location changes. The Contractor must ensure that all Contractor Personnel on the work site are familiar with its contents. 15.3 The Safety Plan shall also include drawings and specifications prepared, sealed and signed by a qualified professional engineer, for each of the foilowing items, whenever applicable to the work: 15.3.1 Details of the design, erection, use and inspection of fall prevention structures such as scaffolding, work platforms and other staging. These are mandatory wherever Contractor Personnel are working at heights in excess of 8 feet (2.44 meters), in Canada or 10 feet (3.05 meters), in the USA, above the nearest permanent safe level or where a drowning hazard exists. This requirement does not apply where pre-engineered scaffolding is used as a fall prevention device; provided it is used in accordance with the manufacturer specifications and is designed to meet all applicable legislation, regulations and codes. Details of fall protection systems when it is physically impossible to provide safe fall prevention structures or when working on a temporary structure more than 20 feet (6.10 meters) in Canada and as per health and safety legislation, regulations and codes applicable to the work in the US, above the nearest permanent safe level. Personal fall protection equipment shall include a CSA or ANSI approved full body harness, lanyard and shock-absorbing device, attached to a CSA or ANSI approved or engineered anchored lifeline or fixed anchor. The system shall also provide a retrieval device or equipment readily available on the work site. Safety nets are acceptable in lieu of personal fall protection equipment, if it is impracticable to use a fall protection system. The Contractor shall also provide a fall rescue plan to be used in accordance with any fall protection plan as required. 15.3.2 Details of shoring systems for excavations, which may endanger nearby Contractor Personnel or structures. Shoring systems shall be designed to comply with applicable legislation, regulations and codes. Excavations must be properly covered or barri�aded with7 appro�riate reflective equipment. Lights ar flares must be used where practicable. SR16 COMPLIANCE WITH SAFETY REQUIREMENTS 16.1 If ever the Contractor's Personnel do not comply with the safety requirements, the Contractor's site supervisor will be reminded of the requirements by the CP's representative. If Contractor Personnel refuses to comply with the safety requirements, the Contractor will be required to ensure that such Contractor Personnel immediately Initialed by: 16 LM leave th� K>rc�perty, failing which CP rri�int�ins the ri�ht tc� require th� Cantrac;tor Personnel to immediately le�ve thH prnperty. Ariy working �ro�,edures nc�t cc�nforminy to the, safPty requir�;ments will res�alt in il�ie clasirig dc�wn �f tMe work sit�. 1G.2 CP will n�t accPpt any c;l�inis tor del�ys or Ic�st tim� duE:: to s��fsty c�m��li�ance or procedur�s issiaes, The above provisions and requirements may be amended from time to time by Canadian Pacific. lnitialed by: �� LM TABLE A-EMERGENCY INFORMATION SHEET WORK SITE INFORMATION Work Site Location: (Mileage, Subdivision) (Address, Number and Street) Contractor' Supervisor: (Name) (Title) Site Telephone: Emergency Site Access Route: (Provide sketch-Snow�r,g access roads,physical landmarks to guide EMS to location� Nearest Town: Certified First Aid Attendant: Location of First Aid Suppiies at Site: Location of Fire Extinguishing Equipment: EMERGENCY CONTACT INFORMATION EMERGENCY CONTACTS PHONE LOCATION Railway Traffic Controller: ( ) Firefighter: ( ) Police: ( ) Ambulance: ( ) Hospital: ( ) Physician: ( ) Aircraft Service, (if applicable): ( ) Watercraft Service, (if applicable): ( ) Stretcher location at site: ( ) Location of WHIMS data sheets: ( ) Type and location of retrieval systems at bridges, (if applicable): ( ) Type and location of emergency equipment for work near or over � � water, (if applicable): Employee(s) responsible for rescue operations, (if applicable): ( ) Designated Evacuation Vehicle: ( ) Emergency Evacuation Route, (Provide sketch): ( ) UTILITIES INFORMATION UTILITIES CONTACT PHONE LOCATION Natural Gas: ( ) Electrical: ( ) Fibre Optic Line: Water& Sewer: ( ) Telephone: ( ) Cable System: ( ) Qualified employee(s) in: ( ) Confined Space Entry, (if applicable): ( ) Equipment requirements for Confined Space Entry, (if applicable): ( ) All job sites will be open to audits by CP Safety and Health representatives. 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