HomeMy WebLinkAbout1997-365
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RESOLUTION NO.
97-365
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA
3 FE RAILWAY RELATIVE TO TRACK WORK REQUIRED IN CONNECTION WITH
CONSTRUCTION OF A NEW RAILROAD GRADE CROSSING FOR THE EXTENSION
4 OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
Ci ty, an Agreement for required track work in connection with
construction of a new railroad grade crossing for the extension
of Orange of Orange Show Road,
from Arrowhead Avenue to
Tippecanoe Avenue. A copy of said agreement is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully
as though set forth at length.
SECTION 2.
The agreement shall not take effect until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
This resolution is rescinded if the parties
SECTION 3.
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11-20-97
RESO: EXECUTING AGREEMENT WITH BNSF RELATIVE TO TRACK WORK FOR A
97-36~EW GRADE CROSSING ON ORANGE SHOW ROAD.
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a joint regular
meeting thereof, held on the
4 l5th day of December
5 Council Members:
6 NEGRETE
7 CURLIN
8 ARIAS
9 OBERHELMAN
10 DEVLIN
, 1997, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
11 ANDERSON
12 ~lILLER
13
14
15
16
day of
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x
x
The foregoing resolution is
(),;c-cjv.~ < U/c^<L
~l Clark, City Clerk
hereby approved this I~
December
, 1997.
19
~lJtI/tcJn.
Tom Minor, M~yor
City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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97-365
CITY ORIGINAL
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BNSF SECY. CONT. NO.:
05025067
ORANGE SHOW RD AT-GRADE CROSSING
AGREEMENT made this /1-1-1.. day of ~ , 1997, between THE
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware
corporation, hereinafter called "BNSF", and the CITY OF SAN BERNARDINO. a political
subdivision of the State of California, hereinafter referred to as "City".
RECITALS:
BNSF operates a line of railroad over trackage (the "BNSF Tracks") owned by the San Bernardino
Associated Governments (hereinafter referred to as "SANBAG") in and through the City of San
Bernardino, County of San Bernardino, California. City desires to construct a new at-grade crossing at
Orange Show Road ( Public Utilities Commission Crossing No. 2U-2.85).
In conjunction with the construction of the Orange Show Road crossing, City intends to close the
following three (3) exisitng at-grade crossings: Broadway Street (P.U.C. Crossing No. 2U-0.2), Main
Street (P.U.C. Crossing No. 2U-0.23) and Ennis Street (P.U.C. Crossing No. 2U-2.8). Said crossings
will be closed and removed upon completion of construction and the placing in service of the new
Orange Show Road crossing.
The term "Project", as used in this agreement, shall include all work of every kind and character required
in connection with the construction of the Orange Show Road crossing (hereinafter referred to as the
"Crossing") including. without limitation. any and all changes to telephone, telegraph, signal and electrical
lines and appurtenances, all temporary and permanent track work, grading. and drainage facilities as
shown on the print dated October 7,1997, attached hereto as Exhibit "A" and by this reference made a
part hereof, as well as preliminary and construction engineering. and contract preparation.
BNSF and City desire to express in writing their understanding and agreement with respect to the Project
and pursuant to which the Crossing is to be constructed and maintained.
AGREEMENT:
ARTICLE I
IN CONSIDERATION of the covenants of City hereinafter set forth, and the faithful performance thereof,
BNSF agrees as follows:
1. To furnish all labor, materials, tools, and equipment, and to perform the railroad work required
due to construction of the Project, such railroad work and the estimated cost thereof being as
shown in Exhibit "B" attached hereto and by reference made a part hereof. Any item of work
incidental to those items listed in said Exhibit "B", but not specifically mentioned therein, may be
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97-365
included as part of this agreement as an item of work upon written approval of City, if
practicable. Construction of the Project will require work by BNSFas follows:
(a) Preliminary engineering, track design, and contract preparation;
(b) Removal and replacement of cross-ties;
(c) Increasing the weight of 300 track feet of existing rail from 90 lb. to 115 lb. jointed rail
and to 136 lb. welded rail;
(d) Installation of 112 track feet of concrete crossing panels;
(e) Spot surfacing of 600 track feet; and
(f) Removal of the crossing surface materials of the three at-grade crossings at Broadway
Street, Main Street and Ennis Street.
2. To do all work specified in Article I, Section 1 above with its own employees working under
Railroad Labor Agreements or by contractor(s). if necessary, on a force account basis. It is
expressly understood, however, that BNSF will not commence such work until City has obtained
the approval and permission of SAN BAG to construct the Project and to cross its right of way
and tracks as hereinafter provided in Article II. Section 2.
3. The work to be performed by BNSF shall be performed as soon as practicable, considering
availability of materials and manpower. In consideration thereof, City agrees to pay to BNSF the
actual cost of such work, presently estimated to be ONE HUNDRED FOURTEEN THOUSAND
THREE HUNDRED FORTY SIX DOLLARS ($114,346.00), as shown on Exhibit "B" .
4. Upon execution and return of this agreement, City shall deliver to BNSFthe sum of NINETY ONE
THOUSAND FOUR HUNDRED SEVENTY-SEVEN DOLLARS ($91,477.00), representing eighty
percent (80%) of the estimated cost of the work to be performed by BNSF, as shown on Exhibit
"B". The remaining balance of the Project's actual cost shall be paid by City to BNSF promptly
upon request and completion of the Project.
5. BNSF is hereby authorized to include a charge. equal to the amount allowed by the Federal
Highway Administration at the time of billing, to cover the cost of BNSF's self-insurance expense
covering Employer's Liability. including liability undear the Federal Employer's Liability Act. for
protection of its employees in connection with the construction of the Project covered by this
agreement. Such charge shall be considered a portion of the actual cost of the Project
regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's
employees, if any.
ARTICLE II
IN CONSIDERATION of the covenants of BNSF hereinafter set forth, and the faithful performance
thereof, City agrees as follows:
1. To furnish to BNSF plans and specifications for the Project. Four sets of said plans, together
with two copies of calculations, and two copies of specifications, shall be submitted to BNSF for
its approval prior to commencement of construction. After having been approved by BNSF, said
plans and specifications are hereby adopted and incorporated into this agreement by reference.
2. To acquire, at its sole cost and expense. all rights of way necessary for the construction of the
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97-365
Project. including but not limited to the right to cross SAN BAG's right of way and tracks.
3. To make any and all arrangements to secure the location or relocation of wire lines, pipe lines
and other facilities owned by private persons, companies, corporations. political subdivisions or
public utilities which may be found necessary to locate or relocate in any manner whatsoever
due to the construction of the Project.
4. To close. vacate, barricade and sign the following three (3) existing at-grade road crossings upon
the opening of Orange Show Road: Broadway Street, Main Street and Ennis Street.
5. To construct the Project as shown on Exhibit "A" . at its sole cost and expense, and do all work
provided for in the plans and specifications for the Project, except such work that BNSF herein
agrees to do.
6. To furnish all labor, materials, tools, and equipment in performing the work it agrees to perfonn
herein. All work of construction with respect to said Project shall be undertaken by City, or City's
contractor and shall be performed at such times as shall not endanger or interfere with the safe
and timely operations of BNSF's trains.
7. To require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) business days in
advance of commencing work on or near the BNSF Tracks when requesting a BNSF flagman in
accordance with the requirements of Exhibit "C" attached hereto, in order to protect BNSF from
damage to its trains and property.
8. To require its contractor(s) to furnish BNSF's Manager of Public Projects, for approval, four
copies of plans and two sets of calculations of any shoring or cribbing proposed to be used over,
under, or adjacent to the BNSF Tracks. The use of such shoring or cribbing shall confonn to the
standard side clearance set forth in the requirements of the California Public Utilities
Commission (hereinafter referred to as the "Commission') which govern such clearance. In case
the use of such shoring will impair said clearance, City will ensure that application is made to the
Commission for approval of such impairment during the period of construction of the Project.
9. To incorporate in each prime contract for construction of the Project, or the specifications
therefor, the provisions set forth in Exhibits "C", "C-I" and "C-2", attached hereto and by
reference made a part hereof.
1 O. That. except as hereinafter otherwise provided, all work to be performed hereunder by City in
the construction of the Project will be perfonned pursuant to a contract or contracts to be let by
City, and all such contracts shall provide:
(a) That all work performed thereunder, on or near the BNSF Tracks shall be performed in a
good and workmanlike manner. and in accordance with plans and specifications approved
by BNSF. Those changes or modifications during construction that affect safety or BNSF's
operations shall also be subject to BNSF's approval;
(b) That no work shall be commenced on or near the BNSF Tracks until each of the prime
contractors employed in connection with said work shall have (i) executed and delivered to
BNSFa letter agreement in the fonn of Exhibit "C-I", and (ii) delivered to and secured
BNSF's approval of the insurance required by Exhibit "C-2";
(c) That if, in City's opinion, it shall be for its best interest, City may direct that the construction
of the Project be done by day labor under the direction and control of City, or if at any time.
in the opinion of City, the contractor has failed to prosecute with diligence the work specified
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97-365
in and by the terms of said contract, it may, in the manner provided by law, terminate the
contractor's control over said work and take possession of all or any part thereof and
proceed to complete the same by day labor or by employing another contractor(s). provided
that all such contractor(s) shall be required to comply with the obligations in favor of BNSF
hereinabove set forth and, provided further, that if such construction is performed by day
labor, City will, at its expense, procure and maintain on behalf of BNSF the insurance
required by Exhibit "C-2".
11. To advise BNSF's Manager of Public Projects, in writing, of the completion date of the Project
within thirty (30) days after such completion and to notify BNSF's Manager of Public Projects, in
writing, of the date on which City and/or its Contractor will meet with BNSF for the purpose of
making final inspection of the Project.
ARTICLE III
IN CONSIDERATION of the premises. it is mutually agreed as follows:
1. That all work contemplated in this agreement shall be performed in a good and workmanlike
manner and each portion shall be promptly commenced by the parties hereto obligated to do the
same and thereafter diligently prosecuted to conclusion in its logical order and sequence.
Furthermore. any changes or modifications during construction that affect BNSF shall be subject
to BNSF's approval prior to commencement of such changes or modifications.
2. That such work shall be done in accordance with detailed plans and specifications approved by
BNSFand subject to the Commission's approval, with minimum clearances of not less than those
specified by the Commission. or as otherwise authorized by the Commission for the BNSF
Tracks at this location.
3. That City will bear the entire cost and expense incurred in connection with the construction of the
Project.
4. That the construction of the Project, on or near the BNSF Tracks. shall not be commenced by
City's contractor until City shall have given not less than thirty (30) days prior written notice to
BNSF's Manager of Public Projects, making reference to BNSF's file number 05025067 (Orange
Show Road), which notice shall state the time that operations for construction of the Project shall
commence, and shall have provided BNSF with evidence that the requirements of Article II,
Section II have been satisfied.
5. That after completion of the construction of the Project as hereinabove described:
(a) BNSF will, at its expense, maintain that portion of the crossing lying between lines two feet
outside of and parallel to the rails of the track.
(b) City will, at its expense. maintain any street improvements within the crossing other than
specified to be maintained by BNSFin Article III. Section 5(a) above.
(c) Before entering upon SANBAG's right of way for maintenance purposes, City shall notify
BNSF's Manager of Public Projects to obtain prior authorization. When work is contracted,
City shall require its contractor(s) to execute contracts containing obligations in favor of
BNSF, set forth in Exhibits "C", "C-1" and "C-2", as may be revised from time to time. and
agreed to by the parties hereto. City shall be responsible for contractor's compliance with its
obligations as set forth in said Exhibits. After the commencement of commuter rail service
by SAN BAG over its right of way, such notification shall be given to SANBAG's Executive
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97-365
Director.
6. All work covered by this agreement shall conform to the requirements of the Commission.
7. City shall require its contractor(s) to reasonably adhere to the City's construction schedule for all
Project work. The parties agree that BNSF's failure to complete the railroad work in accordance
with construction schedule will not constitute a breach of this agreement by BNSF and will not
subject BNSF to any liability. Regardless of the requirement of the construction schedule. BNSF
reserves the right to reallocate its labor forces. assigned to complete the railroad work where
BNSF believes such reallocation is necessary to provide for the immediate restoration of railroad
operations of BNSF or its related railroads or to protect persons or property on or near any BNSF
owned property. BNSF will not be liable for any additional costs or expenses of the Project
resulting from any such reallocation of its labor forces. The parties agree that this reallocation of
labor forces by BNSF and any direct or indirect results of such reallocation will not constitute a
breach of this agreement by BNSF.
8. City shall be responsible to BNSF and its tenants for all damages for the delay to trains which
may be sustained by BNSF, its employees, tenants or freight in its care in the event such delay
is caused by any act or omission of City, its contractors, agents or employees, being more
particularly described in Exhibit "D" attached hereto and made a part hereof.
9. City shall indemnify and save harmless BNSF, its agents and employees, against all liability,
claims, demands, damages. or costs for (a) death or bodily injury to persons including, without
limitation, the employees of the parties hereto, (b) injury to property including, without limitation,
the property of the parties hereto, (c) design defects, or (d) any other loss, damage or expense
arising under either (a). (b) or (c), and all fines or penalties imposed upon or assessed against
BNSF, and all expenses of investigating and defending against the same, arising in any manner
out of (i) the use, occupancy or presence of City. its contractors, subcontractors, employees or
agents in, on, or about the construction and/or maintenance site, (ii) the performance, or failure
to perform by City, its contractors, subcontractors, employees, or agents, its work or any
obligation under this agreement. or (iii) the sole or contributing acts or omissions of City, its
contractors, subcontractors, employees, or agents in, on, or about the construction and/or
maintenance site. Nothing contained in this provision is intended to, nor shall be deemed or
construed to, indemnify BNSF from its sole negligence or willful misconduct, or that of its agents,
servants or independent contractors who are directly responsible to it.
10. That the books, papers, records and accounts of the parties hereto, insofar as they relate to the
items of expense for labor and material or are in any way connected with the work herein
contemplated, shall at all reasonable times be open to inspection and audit by the agents and
authorized representatives of the parties hereto for a period of three (3) years from the date the
Project is completed.
11. All the covenants and provisions of this agreement shall be binding upon and inure to the benefit
of the successors and assigns of the parties hereto. except that no party may assign any of its
rights or obligations hereunder without the prior written consent of the other party.
12. In the event that construction of the Project has not begun for a period of three (3) years from the
date of this agreement, this agreement shall become null and void.
13. Any notice provided for or concerning this agreement shall be in writing and be deemed
sufficiently given when sent by certified mail, return receipt requested. to the parties at the
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.'J7-365
following addresses:
The Burlington Northern and
Santa Fe Railway Company:
BNSF's Manager of Public Projects
740 East Carnegie Drive
San Bernardino, CA 92408-3571
City of San Bernardino:
City of San Bernardino
Director of Public Works
300 North "D" Street
San Bernardino, CA 92418
IN WITNESS WHEREOF, City has caused this agreement to be executed and attested by its duly and
authorized officials pursuant to authority regularly granted them by its City Council and BNSF has
executed this agreement both as of the day and year first above written.
THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY
APPRO~ED r TO ~ORM 1/1:W: 'b
l;).i!J{); .
Bul1ingtoo Naihern Santa F.l.. ~rlmerit
By ~.~~
Its Vi" f're.sid_-I- ~Chi"'+ E~I~u-
ATTEST:
CITY OF SAN BERNARDINO
J ! €' (i' ) K'
I '^. ,. ! ' .
~j,\ '..', \"., )j' . ,-' '--I
Rachel Clark, City Clerk
--- J4 '
By / ~( t .ft<-~"r\,
Its Nayor
Approved as to form
and legal content:
James F. Penman
City Attorney
re
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97-365/
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INT WASHINGTON >;E TO 'NT CROSSING AC PAvE\j(NT """
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THEf~RC~'A~C~TR:~~~~~T~~~:NY EXHIBIT u8f.
iCIlY OF SAN 8ERNARDINO
~-
97-3,65
PAGE:
1
..---...---------------------------------------.---------------------------------------------------------------------------
CONSTRUCT ORANGE SHOW ROAD AT-GRADE CROSSING WITH
112 FT. CONCRETE SURFACE.
OH-GOING SUSPENSE AUTHORITY ~O. 7-5501-QS IS
ASSIGNED TO THIS PROJECT.
CONSTRUCT A NEW 112 TF Of 13~ LB. CONCRETE AT-GRADE CROSSING
SHOW ROAD AT H.P. 2.8 ON THEIREDLANDS INDUSTRIAL SPUR, CAJON
SOUTHERN CALIfORNIA DIVISION
OF OHANGE
SUBDIVISION,
REDLANDS INDUSTRIAL SPUR IS ~WHED BY THE SAN BERNARDINO ASSOCIATE
GOVERNMENT AND ADMINISTERED av S.C.R.R.A.. VARIOUS OTHER CROSSINGS ARE TO
BE CLOSED IN EXCHANGE FOR THE NEw ORANGE SHOW ROAD CROSSING wITH THE
DESIGN AND INSTALLATION OF T~E REQUIRED AUTOHATIC DEVICES TO BE INSTALLED
BY AN OUTSIDE SIGNAL CONTRACTOR.
REMOVE THREE ROAD CROSSINGS::
1. EHNIS ST XING 2U 2.8 132 fT
2. BROADWAY ST XING 2U 0.2 1~8
3. MAIN ST XING 2U 0.23 (16 fT
ON-GOING SUSPENSE AUTHORITY ~O.
lONG A.C. PAVED)
FT LONG ALLEY A.C. PAVED)
LONG ALLEY A.C. PAVED)
7-5501-95 IS ASSIGNED TO THIS PRO~ECT.
DETAILS OF ESTIMATE
LOCATION ~ REDlANOS SPUR TO DESCRIPTION - COHSTRUCT ORANGE SHOW ROAD XING
-------------------------------------.-----..-.+------------------------------...-----.------.--.--..-.----.---.----_.-----
DESCRIPTION I QUANTITY U/I1 COST $: TOTAL $:
---------------------t----------------------- -------- ..--------- .----------
.1t._JlMJOUt
LABOR
........'"
PLACE PUBLIC CROSSING I
REMOVE PUBLIC CROSSIH~
REPLACE CROSS TIES l
REPLACE RAIL/DTM :
SURFACE TRACK
UNLOAD BALLAST
WORK TRAIN BAllAST I
WORK TRAIN CROSS TIls
WORK TRAIN PUBLIC XiNG
WORK TRAIN UNLOAD 0 11
WORK TRAIN UNLOAD R IL
PAYROLL ASSOCIAT 0 COST
SUPERVISION I
INSURANCE !
TOTAL ~ABOR COST
............
I1ATERIAL
............
I
I
ANCHOR, RAIL,DRIVE TV,E,S 1/21" BAS
ANCHOR, RAIL, DRIVE TtPE, 6 IN BASE
BAllAST, NEWBERRY ,
FILTER FABRIC
PIPE, 6 IN PVC PERF ,
PLATE, TIE, 5.5 IN BA$E, OS
PLATE, TIE, , IN 8ASE~' OS
RAIL. 115 La NEW WELD 0
RAIL. 136 La NEW WELD 0
TRACK SPIKES, NEW ~
STEP JOINT, 115/90 LBllH
STEP JOINT, 115/90 LBiRH
STEP JOINT, 136/115 L LH
STEP JOINT, 136/115 L RH
352.0
44.0
232.0
187.0
284.0
176.0
22.0
156.0
324.0
792.0
2.0
2.0
2.0
2,0
4,593
1,'68
4,593
4,593
1,274
636
469
188
470
141
141
11,743
13,570
1,523
45,902 45,902
EA
EA
NT
SY
Lf
EA
EA
LF
LF
EA
EA
EA
EA
EA
256
32
1,89S
657
532
816
107
1. 795
4,409
183
240
240
271
272
----------------------------~--_.--------------~---------~~~~-----_._--------_.._-------_.----_._---~._---~.-----~--~-~----
I
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ENGINEERING SERVICES - KANSAS CITY!
SYSTEH FILE NUHBER: 05025067
ESTIHATE REF. NUHBER: 96-104 1-1~96-2
PRINTED: 10/03/97
QI97-SUA
96-104-97
97-365
DETAILS OF ESTIMATE
PAGE:
2
....----------------..-.----..---------------------------------------------------------------------------------------------
LOCATION - REDliNDS SPUR TO
DESCRIPTION - CONSTRUCT ORANGE SHOW ROAD XING
DESCRIf'TIDN
I
---------------------.-----------------------
QUANTITY
U/H
COST S TOTAL $
TIE, CROSS, TREATED, ~ARDWOOD
TIE, 10' ,PREPlTED,PANDR,&",ROUNDHOL
CONe 11& 08-SEt WITH fILLER FOR WOOD
USE TAX '
HANDLING CHARGES!
TRANSPORTATION
99.0
91.0
112.0
EA
EA
TF
2,441
&,516
15,120
2,932
884
2,8b&
TOTAL "ATERIAL COST
42,464
42,464
lllf..........If..
OTHER ITEMS
...,; llIUt.......1Il
COMPANY ONNED EQUIPMENT
LOADER TO pLACE CROSSING
PLACE ASPHALT RAMP I
3,800
14.000
120
TOTAL ~THER ITEMS COST
17.920
17,920
SUBTOTAL
106,26&
CONTINGENCIES
8,0&0
GROSS ~ROJECT COST
114,34&
lESS COST PAID BV BNSF
o
TOTAL ESTIMATED caST
$114,346
-----------
-----------
-..-..-...--------.-.----..-.-------------..---.-----------------------------------------------------------.---------------
ENGINEERING SERVICES - KANSAS CITY
SYSTEM FILE NUMBER: 050250.7
ESTIMATE REF. NUMBER: 96-104 1-1-96-2
PRINTED: 10/03/97
Q197-SUA
96-104-97
97-365
, ,
.All A'ie~cies
(~~v. r;~/13/97
~.J;tr=Jd File: a<;()L~O~f
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i2;r-LAl..I.f"\<" IU\)u<""T'?l.nL. <:'e>o..1Q.. AT 1....IlLJIl' Pc:l""T" 2.. ~~
EXHIIJ1T "e"
SECTIC~ 1.01 ~AIlRCAD ~ELATION5 AHQ IN~RAHCc
-1.01 General."The CJr.~rJc!cr shall coccerJte with THE 8URllNGTCN NCR~HE:1,~ AND S~,~T.A F~ RA!UJAY
C:.~P~NY, herei~aft'~r referred to as "RailrO<3C" ..Me,e ..cd:: is over, ufider or acjace~t to its tracks curing t."e
c::nstructicn of t,'1e DDnJ...\~...~ c...~_'d ~=-a..l""-.
e':jL.:ipnent.
, ar.d to avoid interferer.ce witn the o~eration of railroad
The Ccntrac~or mcst ur.cerstand the Ccntrac~orts right to enter Railroad's property is subject to the
absotute right of RaiLroad to cause the C~r.tract~r's ~ork on Railroac's property to cease if, in the opinion
of Railroad, Ccnrrac:cr's activities create a ha:3r~ to Raitroae's property, employees, ane/or operations.
The Contractor shall notify t~e
~LI..~.I\nr=-.~I-J.'"Z-ALC:c:..
I":L.:r.cer ( Clog ) ~ ~~4.~ ~1
en, or near property or tracks of Rai lroae.
Railroad's file nur:l::er C.c:..-...y'2....<~{_'7
(Ac:e~c"tt'T'o(~~~l:r7L1^~r-"}Ih.1nar.d RaiLroad's Roac:naster, _
telepncne
at least thirty (30) working days before commencing any work
Contractor, in his notification to Railroae, shall refer to
Five sets of werking drawings showing detaiLs of construction affecting railroad tracks and property,
inCluding these for falsework or Shoring of excavations near tracks ard the proposed method of removal of
falselolcrk, shoring or cricbing, not incll..:ced in the contract plans ar,d t...o sets of calculations of ar,y
fatselolork, shoring or cricbing to be located over, ur:cer or adjacent to Railroad's tracks ShalL be furnished
cy the Contractor to the Railroad Review by the (Ace~cv) providing fur.ding for proposed project must be
c:;~pte'.::!-::' before computations are subnitted to Rail'..ay for review. At least 30 days should be allo..ed in
project schedule for Railway's structural revie~. ACcitlcnal time may be reGuired for complex projec~s or if
cesign assunptions and calculations are unclear or incomplete. The working drawings (Structural plans) and
calculations must be seated by a professional engineer ~ho is registered in the state where the work will be
located. Assumptions used in design and/or analysis must be stated. If not incLuded in the working dra..ings,
a dimensioned sketch showing the location of tracks relative to the structure to be reviewed and the direction
and point of application of all loads, except live load on track, must be provided. Copies of appropriate
portions of design manuals, other than the AISC Ste~l Construction Manual and Mlel"ican Rai lway Engine~ring
Association Manual for RaiLway Engine~ring, must be furnished whenever calculations make reference to such
manuals. Material from the American Railway Engineering Association Manual for Railway Engineering need not
be induded but must be identified by chapter and section number. All formuLas and/or equations used in
computations must be sho~n. All symbols used must be defined and units snololn. Rows and columns in tables must
be labeled. [f design is not covered by Chapter 7, 8, 9, 15, 19 or 29 of the American Rai l..ay Engineering
Association Manual for Railway Engineering, detailed documentation of design must be furnished. ~hen values
from tables, other than tables of commonly used mathematical functions or tables published in the American
Railway Engineering Association Manual for Railway Engineering, are used, copies of the portions of the tables
containing the values used must be included. If a computer program is used in the design or analysis, it must
be identified and all items of input and output ITX.Jst be labeled and have units shown. Relationship between
program design and A.R.E.A. requirements must be noted and appropriate allowances made, and identified, where
A.R.E.A. requirements differ from program design. In some cases, additional information regarding the program
may be requested. Sufficient information to allow structural analysis must be furnished for all shoring,
retaining walls and buried or partially buried installations if any portion of the installation or the
excavation for its construction falls between the planes sloping away from a track on 1: 1 slopes and
intersecting the plane of the top of rail at a distance of seven (7) feet on each side of the center line of
the track. Shoring is not required for excavation on a 1-1/2 horizontal to 1 vertical slope starting eleven
(11) feet from the center line of the nearest track. Plans must have all dimensions shown in feet and inches.
They may be dual dimensioned in metric units and feet-inc~ units. If available, reduced size (approximately
11 in. x 17 in.) plans should be furnished for review in preference to full size plans. The information
requested in this section does not cover design requirements, only the information that must be furnished to
allow a reasonably efficient review of proposed designs. Permission to proceed with construction does not imply
any review of constructability or of any feature of the proposed work other than its potential effect on
railroad operations. The Contractor shall not begin such work until notified by the Railroad that such plans
1
97-365
hav~ been a~crov~d.
Railroad's tracK5.
use of said plans.
Th~ Contractor shall b~ requir~d to use ~inch~s to lc~er ard r~mov~ any false~crk ov~r
In no case shall the Contrac~or be retieved of respensibilit/ for results obtained by the
It is expected that R3ilre~d ~i[l cooperate ~i:h the C~n:~Jc:or s~ch t~at the wcrk may be hardled ard
,cerforrr.ed in an efficient manr.er, s"bject to the Federal Rai lr:;ad Acministra:icn'S U.~A) Safety Rutes for
Rcadway ~orker Protec:ion, 49 CFR 214.__The Contractor shalt have no claIm whatSoever for any ty~e of damage$
or for extra or additienat ccm~ensation in the event his ~ork is delayed by the ~ork of the Railroad Company.
-'.02 Agreement.--Before performing any ~ork on Railroad right of way or property, the Contractor will
be required to execute and deliver to Railroad a Letter A']reement (EXHIBIT "C-1"), in the form attached hereto,
obligating the Contractor to provide and keep and maintain in full force ard effect the insurance called for
under "insurance" of theSe special provisions. Additionally, no emptoyee of t,'e Contractor, its Sul::contractors
age~ts or Invite~s shalt enter BNSF prop~rty ...ithout first having atter;ced a Training Seminar ar;d can
demonstrate a ctear ur.c~rst()rcing of BNSF's a~pl ication of t.1e FRA'S Safety Rutes for Roac..ay \.Jorker protection
as referenced at:;ov~. The Contractor shall give RaitroJd a minimU11 of thirty (30) cays advance notice fer
SCheduling the Training Seminar.
-1.03 Railroad Requirements.--The Contractor shall coe~erate with Railroad ~here work is over or ur;der
the tracks, or with i n the l i mi ts of Ra i l road property, so as to e,,<pec i te the ...ork and to avo i d i nterference ~i th
the operation of Railroad equipment.
The Contractor shall cempty with the rules ar;d regulatiens of Raitread and the instructions of the
Railroad's representatives in relation to the proper manner of protecting the tracks ard property of Railroad
ard the traffic moving on such tracks, as well as the wires, sigials ar;d other property of Railroad, its tenants
or licensees, at and in the vicinity of the work area during the period of constructien.
The Contractor shall perform his ...ork in such manner ar;d at such times as shall not e~danger, delay or
interfere ...ith the safe and timety cperation of the tracks and property of Railroad and the traffic moving on
such tracks, as ...ell as the wires, signals and other property of Railroad, its tenants or licensees, at or in
the vicinity of the work area.
The Contractor shall take protective measures as are necessary to keep railroad facilities, including
track bat last, free of sand, debris, and other foreign objects and materials resulting from his operations.
Any damage to railroad facilities resulting frcm Contractor's cperations will be repaired or replaced by
Railroad at its option and the cost of such repairs or replacement shall be deducted frcm the Contractor's
progress and final pay estimates.
The Contractor shal l not pi te or store any materials, ncr park or use his equipment closer than 25'-0"
to the center of the nearest Raitroad track, unless directed by Railroad's representative.
The Contractor shall also abide by the fOllowing clearances during the course of construction:
15'.0" Horizontally from centerline of track (inctuding temporary falsework)
22'.611 Vertically above top of rail
21'.611 Vertical ly above top of rail (Temporary Falsework Clearance - Subject to
Public Utilities Commission approval)
27' -a.. Vertically above top of rai l fo. electric wi res carrying less than 750 vol ts
28' .0" Vertical ly above top of rai l fo. electric wires carrying 750 vat ts to 15,000 volts
30'-0" Vertically above top of rail fo. electric wires carrying 15,000 volts to 20,000 volts
34' -a.. Vert i ca II y above top of rai l fo. electric wires carrying more than 20,000 votts
Any infringement on the above clearances or walkways due to the Contractor's operations shal l be
submitted to the Railroad and to the (Aqency) ~ I~V and shall not be undertaken until approved in
writing by the Railroad, and until the (AClencv) C-l-r'f has obtained any necessary authorization from
the State Regulatory Agency for the infringement. No extra compensation will be allowed in the event the
Contractor's work is delayed pending Railroad approval, and/or the State Regulatory Agency'S approval.
In the case of impaired vertical clearance above top of rail, Railroad shall have the option of'
instaLling tell-tales or other protective devices Railroad deems necessary for protection of Railroad trainmen
or rail traffic.
~
97-365
The details of construction affec~in9 the Railroad's tracks and property not inctuded in the contract
plans shall be sLObnitted to the Railroad by way of (4,q~rc'l) r \ \'-( for approval cefore such work
is undertaken and such work shall not te undertaken until the Railroad has given such approval.
Contractor shall not move his e~uipment or mat~rials acrcss Railroad's tracks LOntil he has obtained
permission from Railroad and, shculd it be required, the Contractor shilll obtain a private crossing agreement
prror to moving his equipment or materials. The crossing installation for the use of the Contractor, if
required, shalt be at the e~pense of the Contractor.
The Contractor shalt, upon completion of the work covered by this centract to be performed by the
Contractor upon the premises or Over or beneath the tracks of Railroad, promptly remove from the premises of
Railrcad all of Contractor's tools, implements and other materials, whether brought upon said premises by said
Cantractor or any Subcontractor, employee or agent of Contractor or of any SLOccontractor, and shall cause said
premises to be left in a clean and presentable condition.
-1.04 Protection of Railroad FaciLities:-
(1)
lJ,ccn advance notification of net less than thirty (30)
representatives, insj:ec~ors, flagmerl or watchmen wi l l be
facilities, property ar.d movements of its trains or engines.
personnel or other protective services:
werking days by Contractor, Railroad
provided by Railroad to protect its
In general, Railroad will furnish such
(a) when any part of any equipment is standing or being operated within twenty five (25) feet or
ope:ated so close to Railroad preperty that may affec~ the Railroad or Railroad's property,
or "hen any erection or construction activities are in progress within such limits, regardless
of elevation above or betow track.
(b) For any excavation celow elevation of track subgrade if, in the Cpln10n of Railroad's
representative, track or other railroad facilities may be subject to settlement or movement.
(c) For any clearing, grUbbing, grading, or blasting in proximity to railroad facilities which,
in the opinion of Railroad's representative, may endanger raiLroad facilities or operations.
(2) Railroad will furnish such personnel or other protective services when, in the opinion of Railroad's
representative, railroad facilities, including, but not limited to, tracks, buildings, signals, wire
lines, or pipelines may be endangered.
(3)
(a)
The cost of flagging provided by Railroad during the period of c~nstruction that portion of
the project located en or near RaiLroad property, as deemed necessary for the protectIon of
Raitroad's facilities and trains, will be borne by the Aqency) r 11'( for a period
of _______ consecutive calendar days beginning on the date work commences on or near property
of Railroad. The Contractor shall pay to the (Aqency) Co t .,.\,( liquidated damages
in the sum of $ per day for each day in excess of the above _ consecutive
calendar days the Contractor works on or near Railroad property, and which requires flagging
protection of Railroad's facilities and trains.
(b) The cost of all Railroad personnel (other than that required for inspection and flagging),
equipment, and facilities deemed necessary by the Railroad and provided by the Railroad for
the protection of railroad facilities and trains during the period of construction within
Railroad right of way, and the cost of installing protective devices in the case of impaired
clearance, shalL be borne by the Contractor. The Contractor shatl be responsible for payment
of all costs incurred for any damages to railroad roadbed, track and/or property resulting from
use, occupancy, or presence of Contractors, employees or agents, or Subcontractors on or about
the construction site.
(4) Railroad will submit its final bills to Contractor for cost incurred pursuant to Paragraph 3(b).
~1.05 \Jork by Railroad CompanY.HRaitroad will rearrange its tracks, telephone, telegraph, signat lines
and appurtenances, and will perform any other work in connection therewith, except grading to be done by others.
1.06 Contractor General Safety Requirements. Safety is of the utmost i~rtanc:e in performing any work
on the Railroad's property. The Railroad does not in any manner assume the control or responsibility of the
Contractor to provide safe working conditions for the Contractor's employees or Subcontractors in requiring the
Contractor to follow the Railroad's General Safety Requirements. The Contractor is responsible for compliance
with Federal and State Laws and any government regulations, inctuding those related to Track \Jork Protection
~hen work is conducted around tracks.
\Jork in the proximity of a railroad track is potentially dangerous. The Contractor and its employees,
Subcontractors and Invitees are governed by the following Safety Rules and General Safety Requirements while
on Railroad property. The Contractor is responsible for enforcement of these Safety Rules and Requirements.
The Raitroad has the right to bar the Contractor, its employees, Subcontractors and Invitees from ~orking on
Railroad property if the Railroad deems such persons are acting in an unsafe manner.
d
97-365
8e.or~ ceginning any task, a complete job
the task, ard again if the task c~anges.
ir.cl~de the Railroad's flagman.
safety ciiefing will be cor:ducted wit~ all irdi'/idl...'als involved with
If the task is wit.'1in 25 f'~et of any track, the job briefing rrl..J:)t
A~l Contractor'S em~loy~es witl receive safetl instrl...'cticn frem the C~ntrac:?r's Safety Officer or a ql...'alified
Railroad representative prior to the start of any project. The Contractor's sur:;er'/isicn witl review the safety
guicelines contained below to f<Jmiliarize their employees with safety isslOes that exist when ,,"orking in a
railroad environment. This should ce reviewed at least weekly, and with any new employ~e(s) c8ming on the job.
It is the respcnsibility of the Contractor'S super'/ision ar:d/or their Safety Offic~r to in,struc': their employees
with the Railroad and FRA Roadway ~orker Protection Safety guidelines and to require their compliance.
Safety rules cannot be all-inclusive. Yorkers must refrain from unsafe and improper prac:ices, including both
the violation of written rules and r~gulations, and rules of common Sense.
(1) The use of alcoholic beverageS, intoxicants, narco:ics, marijuar.a or ot~~r ccntrolled sL.;cstar.c~s by
employees subj~ct to duty or their possession or use IOhite on duty 01'" on Railroad proj:erty is
prohibited. IJorkers must r.ot re;:ort for duty u~der the inflL.:e~ce of any alcoholic l::everage,
intoxicant, narcotic, marijuana or other contrOlled subsrar.ce, or medication, including those
prescribed by a doctor, that may in any way adversely affec: their aler:ness, c~ordination, reac:ion,
response or safety.
(2) Scuffling, horseplay, practical jokes and all conduct of a similar nature is prohibited.
(3) Any damage to Rai lroad proj:erty wi l L I:e re;:oned immedi atel y to the Rai l road's re;::rese~tat ive in charge
of the project. Any vehicle or machine contact lOi:h a track, signal equipment, or structure (bridge)
could resul t in a train derai lment and shall be reported by the Cjuickest means possible to the Rai lroad
representative in charge of the project or the Railroad's System or" Network. Oper;Jtions Center.
Emergency nL.:w.cers are to l::e obtained frem the Railroad representative in char;e of the project prior
to the start of any lOork ar.d are to be posted at the job site for the duration of the of the project.
(!.) Atl persons are prohibited from having firearms or other deadly weapons, including knives lOit.1 a blade
in excess of three inches, in their possession ...hile werking on Railroad property, except those
authorized to have them in the performance of their duties or those given special permission.
(5) Good housekeeping is of the utmost importance in the prevention of accidents, injuries and fires.
Clean-up wiLl be conducted on a daily basis.
(6) Tools or lOork materials mL.:st not be left in close proximity to tracks.
(7) Throwing waste, garbage, bottles, refuse, or other suc!1 materials on Railroad property or disposing of
such at other than designated locations is prohibited. Each Contractor will provide refuse containers
at the ~ork site and empty them on a daily basis.
(8) Objects ~hich constitute a slipping or tripping hazard must not be left in watking areas.
(9) Ol=en fires or fires in barrels are not alLowed on Railroad property unless appropriate permits are
acquired.
(10) In all cases, established route of travel in and about the property must be used.
(11) Railroad vehicles have an unquestioned right-of'way in all circumstances relating to ,,"ark on or about
the track area.
(12) Uorkers must not wear or use anything which impairs vision or hearing. Listening to personal radios
or tape players is prohibited while on duty.
(13) A II Contractor employees work ing on the Ra i lroad' s property wi II be requi red to wear OSHA al=proved
safety glasses with side shields, hard hats, with a high visibility orange cover, and aboye.the-ankle,
lace-up, safety boots with a defined heel. High visibiLity retro-reflective orange vests are required
in certain locations as specified by the Railroad's representative in charge of the project. During
inclement ,,"eather, proper clothing to protect against frostbite, etc., will be 100in. Particular
attention to footing and the use of proper foot~ear is essential when working in snow or other slippery
conditions. Hearing protection, fall protection and respirators will be worn as required by State and
Federat regulations. Office employees restricted to office ,,"ark wiLL not be required to comply.
(14) All workers witl become famitiar with and be capable of recognizing railroad equipment adjacent to the
tracks.
(15) IJalking, stepping or standing on rails or ties, or sitting on any part of track structure except in
performance of duty is prohibited. NOTE: The term Iltrack structurell means the space between the raits
and within eight feet outside the rails, unless otherwise specified.
~
97-365
. (16)
lJorkers are prohibited frcm tampering with s..irches or any other railroad equi;:rnent unless it is
necessary for work operation and only in the presence of an authorized raitroad worker.
(17) \Jork~r:i must not go underneath rail car:>. They must no?:: occwpy rail cars exce::;:lt in performance of
their cuty.
(18) Yorkers must not cross tracks by crossing over or cet~een cars that are coupled together.
(19) Uorkers must not attempt to catch onto or ride any moving railroad equipment, even though it may ce
moving slololly.
(20) Yorkers must not take refuge frcm rain, heat, etc., under or in cars or other rail equipment.
(21) l,Jorkers are w,lrned that trains, loc:::motives or cars rniJ'I be expected at ar.y time, en any track, in
either direction, and that they must watch for and keep clear of such moV~en~s. IJorkers mus~ tJke
extra ~recJution to be on the lookout for a~pr~aching train5, e$~eciatly ~hen working in muLtiple track
territory, when field of vision is Limited, or when noisy ec;uipment is in use. A portJble air her." may
be used by a designated person to ..arn worko:rs of apcroaching trains or equipr.ent. Under certJin
conditiens, trains and ec;uipnent can apcrcach without being hearc. Preper attention and protec~icn are
essential to personaL safety when working near railroad tracks.
(22) IJorkers shall not work on the track, between tracks in multiple track territory, or nearer than 2S feet
to the track without proper flag/..ork: protection provided by the RaiLroad, unless the track. is
prote~ted by track bulletin and work has been authorized by the Railroad. If flag/werk protection is
proviced, ~ empLoyee must know: (1) Uho the Railroad flagman is, ar.d how to contact him. (2)
l imi ts of the flag/work protection. (3) The method of corrrr.unication to step and reSl.jf1e work. (4)
Entry into ftag/work limits when designated. Men or equipment entering flag lwork limits that were
not previously job briefed, must notify the flagman immediately, and be given a job briefing if wor~ing
at less than 25 feet from center line of trac~.
(23) Any work within 2S feet of the rail, without consideration to height, must be sto~~ed in the clear to
acknowledge a~proaching and passing trains, and Contractor's employees shall move as far a~ay frcm the
track as practical, until the E~TIRE train has passed. This assures the train engineer that the train
has been seen, and it is safe to proceed. Failure to comply could result in the train engineer placing
the train into emergency which could result in damage to the train and delay Railroad's traffic. After
notification by Railroad's flagman that no other trains are within the ~orking limits, work may then
reSL;me. \.Jorkers must ~ stand with their bad: to a moving train. Metal banding and other
ccmpenents may break or a portion of the lading could shift extending out~ard several feet beyond the
rail car during shipment.
(24) \.Jork in tunnels, on bridges and overpasses must be done in accordance with a safety plan agreed upon
by the Railroad prior to beginning work in these areas.
(25) Do not wave arms or objects violently except in an emergency; this is a STOP signal.
(26) loJorkers must not make any movement toward an approaching train or operate machinery in a manner that
would cause the engineer to believe that the track is going to be fouled.
(27) Crossing tracks immediately in front of moving railroad equipment is prohibited.
(28) \Jhen necessary to cross any track, look both ways and keep at least 25 feet from the nearest end of
stationary rail cars.
(29) Machines may be operated across tracks only at established grade crossings. If it is necessary to do
so at any other location, it may be done only with permission of and under the supervision of the
Railroad on site representative.
(30) Some rails are conductors of electrical current and are integral parts of the railroad'S operating
system. Devices that could shunt this electrical current must not be laid across rails. No hand or
portable tools will be left on the rails at any time. Use a wooden lath to provide separation when
making measurements adjacent to the tracks.
(31) Machines or vehicles must not be left unattended with the engine running. If a machine is left
unattended, it must be in gear with brakes set. If it is equipped with blade, pan or bucket, that must
be lowered to the ground. All machinery and equipment left unattended on the rignt.of-way must be left
inoperable and secured against movement.
(32) Machinery or equipment shall not be stored or left temporarily near a highway grade crossing in such
a manner as to interfere with the sight distances of persons approaching that crossing. Prior to
beginning ~ork, the Contractor, with concurrence of the Engineer or his representative on site, will
establish a storage area.
~
97-365
(33) C;.;tting or knocking down trees or moving rocks a~d other materials that might fall on the track
structure or on cc~nicatiens or power lines is prohibited, unless done with the prior a~proval and
supervision of the Railroad.
c!.:.) No c~"'.::.Jminat~s are to I:e dischar3ed en Railrcad ~rope'::r' Should i: oc:ur, it must I:e reponed by the
quickest means possible to the Railroad's representative in char:;e of the project". (This includes oils,
dieset fuet, gasoline, e':c.).
(35) Uorkers mt..Jst not c:-eate ar.d leave any condition at the work site that would interfere with wuter
crainage.
(36) All work over water will meet State and Federal regulations.
(37) Safeguards and safetr signs must I:e kept in place and in goed condition. It is the resconsibility of
the Contrac':or to provide same.
(3'::) EJCh person in chaqe of a wcrk party must Ce familiar with the Mile Post location of the area in ..hich
work is being performed so that in cases of emer~encies the exact location may Ce given to Railroad
~erscnnel.
(39) when an emergency exists or if any hazard is noticed on passing trains, the Railroad representative on
site must be notified immediately.
('0) High frequency radios (not e3's) Shall be used by all crews for emerger-cy ccrrrr.t..;nicaticns between crews.
Radio transmitrers mt..;st not be cpera:ec ..hen locatec less than 250 feet from blasting operations.
(41) when it is necessary to c~eate a hazarcous condition in performing ..ark on or in the vicinity of a
track, proper pr~tection m~st be afforced in accorcance with a safety plan submitted to and approved
by the Railroad prior to c~eating the hazardous condition, as well as taking any other precautions
that may be necessary to protect the condition.
(42) Before excavating, it must be ascertained by the Cont~actor if there are any undergrour.d pipe
lines, electric wires, or cables, inclUding fiber optic cable systems that either cross or run
paraLlel with the track which are located within the Projects work area. Excavating on the right of
way coutd result in damage to buried cables resulting in delay to railroad traffic, inclUding
disruption of service to users resulting in business interruptions invotving loss of revenue and
profits. Before any excavation commences, the Contractor must contact the Railroad's signaL and
t~ack representative in charge of the area. All uncergrcund and overhead wires must be considered
HIGH VOLTAGE and dangerous until verified with the company having Ownership of the line. It is also
the Contractor's responsibility to notify any other companies that have underground utilities in the
area and arrange for the location of all underground utilities before excavating.
(43) The Contractor must cease all work and the Railroad must be notified immediately before continuing
excavation in the area jf obstructions are encountered that do not appear on drawings. If the
obstruction is a utility, and the owner of the utility can be identified, then the owner should also
be notified immediately. If there is any doubt about the location of underground cables or lines of
any kind, no work will be performed until the exact location has been determined. There will be no
exceptions to these instructions.
(44) All excavations regardless of depth will be shored where there is any danger to track structure or
personnel.
(45) No excavation will be left uncovered or unprotected overnight. ~hen leaving work site areas at
night and over weekends, the areas must be left in a condition that will ensure that railroad
employees who might be working in the area are protected from all hazards. Any open pits or holes
shall be covered securely and a physical barrier such as a fence placed around the opening.
(46) Holes or trenches in the vicinity of the track must be covered, guarded and protected when not being
worked on.
(47) Excavations, trenches or pits on or adjacent to public roads will be physically protected and denoted
by highway barriers with flaShing lights when not in use.
(48) All excavations will be back filted as soon as possible.
(49) ALL power line wires must be considered dangerous and of high voltage unless informed to the contrary
by proper authority. For lines rated SOKV or below, minimum clearance between the lines and any part
of the equipment or load shall be 10 feet. For lines rated over 5CKV, minimum clearance between the
line and any part of equipment or load shalt be 10 feet plus 0.4 inches for each I KV over SOKV. If
the capacity of the line is not known, minimum clearance of 20 feet must be maintained. A person shall
be designated to observe clearance of the equipment and give a timely warning for all operations where
it is difficult for an operator to maintain the desired clearance by visual means.
2
97-365
(SO)
~hen Contractor employ~es are required to wo,k on the R~ilro~d ~rcper~y after normal ~orking hours or
on weeke~ds. the Railroad representative in charge of the project must ce notified. ~o one will be
allowed to work; alone during the times specified acove. \,o'r,en it is necessary to ...ork during these
times, a minim,um of t~o employees are required to be present, c:nsis:ir9 of a Railroad e~ploy~e with
a Contractor employ~e.
(51)
Equipment a~d vehicles must operate at a safe speed, being aware of o~erating conditions as welt as
ot,1er equipnent and persons working in close proximity. E.:<treme caL:ticn ~st ce exercised at all grade
crossings.
1.06 Personal Injury Reporting
IN ALL CASES OF DOUBT OR UNCERTAINTY. THE SAFEST COURSE NUST BE TAKEN.
(1) The RaiLroad is required to report certain injuries as a part d c::rrcliar.ce with Federal repcrting
req-ufrements. Any personal injury sus-::air.ed I::y an employee of t~e Contractor, Swl::contractor or
Contractor's Invitees "Mile on the RaiLroad's property must I::e repor:ed immediateLy (by phcnemaiL if
L;nabLe to contact a perscn) to the RaiLroad's representative in charge of the projec-::. Th~ Injury
Report Form contained herein is to be c::rrpleted and sent by Fax to the address ir,dicJted by the
Railroad, no later than the close of shift on the date of the injury.
(exM_c.wpd
!.
97-365
All Agencies
(Rev 03f.25/97 )
RaIlroad File. (") <:; 0 L.. S" 0 b""1
,Agenc,/PrcJe-:~: rr'":l"'-l~,Q"~\la"-l nC
"'-l~1.<..1 bQ..l,),~Cr,c: "S4.J.r>l...d l<..OA D FI,'(
,....e.. c..\""t'....... o~ S.o..~ Bi...Q...~,Qo.,~D\N~
EXHIBIT "C-1"
Agreement Between
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
AND THE CONTRACTOR
HE EURLlNGTON NORTHERN AND SANTA FE RAILWAY COMPANY
740 E, Carner::;e Drive
San Eernardino CA 92408-3571
tlention: Manager Public Projects
~ntlemen:
le undersigned has entered into a contract dated
,19_, with the (Acencvl
fcr the performance of certain work in connec~on with the project
in the performance of which
rk the undersigned will necessarily be required to conduct operations within THE BURLINGTON NORTHERN AND
.NTA FE RAJLWAY COMPANY, hereinafter referred to as "Railroad", right of way and property. The Contract provides
.t no work shaH be commenced within your right of way or property until the Contractor employed in connection with said
rk for (Acencv) C, 1~ shall have executed and delivered to you a Letter Agreement. in the form hereof, and shall
Ie provided insurance of e coverage and limits specified in said Contract If this Letter Agreement is executed by other
n the Owner. General Partner, President or Vioe President of undersigned firm. evidenoe is furnished to you herewith
tifying that the signatory is empowered to execute this Agreement for the firm.
Aocordingly, as one of the inducements to and as part of the consideration for your granting permission to the
'ersigned to enter upon your right of way or property for the performance of so much of the work as is necessary to be
.ormed within your right of way or property, the undersigned, effective on the date of said Contract has agreed and does
.by agree with you as follows:
lion 1. The undersigned shall fully indemnify and haid harmless Railroad, its agents and employees against any and all
ity. claims, demands, damages, or oosts of whatever kind or nature including, but not limited to, liability claims. demands,
:ages or costs for (a) death or bodily injury to persons, including without limitation the employees of the parties hereto,
ljUry to property, including without limitation. the property of the parties hereto. (c) design defects, or (d) any other loss,
age, or expense arising under either (a). (b), or(c), and all fines or penalties imposed upon or assessed against Railroad,
all expenses of investigating and defending against same (including but not limited to costs and attorneys' fees),
rdless of the negligence or aRaged negligence of Railroad, its agents or employees, arising in any manner out of (1) the
occupancy or presence of the undersigned or its subcontractors, employees, or agents in, on, or about the construction
:2) the performance, or failure to perform. by the undersigned, its subcontractors, employees, or agents, its work or any
ation under this Agreement. or (3) any and all acts or omissions of the undersigned, its subcontractors, employees, or
ltS in, on, or about the construction site. Nothing contained in this provision is intended to, nor shall be deemed or
trued to, indemnify Railroad from its sole negligence or willful misconduct, or that of its agents, servants or independent
'actors who are directly responsible to it.
ion 2. That the undersigned 'Ml procure, and will maintain in foroe and effect, insurance meeting all of the requirements
ed in the Special Provisions for and in said Contract, and there is provided to you herewith the following documents
'ng such requirements:
^
97-365
(a)
Onginal Policy in Railroad Protective liablli~! Form, induding the Notice of Change Endorsement, the Pollution
Exclusion Amendment. and the Limited Seepage. Pcllution and Contamination Coverage Endorsement in favor
of THE 8URlINGTON NORTHERN AND SANTA FE RAilWAY COMPANY, 74() F= C"rn~c:i~ Dnv~
S,3,., 6~rn.:]rr:inG' CA 92402~ 1.':71 Ai:enticn: Manag,=r Putlic F;cjec:s, ar.d
(b)
CerMcate reflecting the existence of ContractMs Public liablli~! and Prope!':'! Damage Liablli~!lnsurance and
Contractor's Protective Public Liat:lli~! and Prcperty Damage Liabili~!lnsurance.
It is further distinc~y understood and agreed by the undersigned that its liablli~! to the Railroad Company herein under
Secticn 1, 'Mil nctin anyway be limited to or affected by the amcunt cfinsurance obtained and carried by the undersigned
,n connec~on with said Contract.
t IS also distinctly understccd that the Railrcad file reference number and location information, as shown at the top of this
19reemen~ must appear on any anginal insurance pclic:es cr certificates of insurance sent to Railroad by the undersigned,
3eerien 3, That the undersigned Will obser,e and comply with all the provisions, obligaticns and limitaticns to be obseNed
:'1 Contractor Which are contained in the subdivisicn cf the specifications of said contract. entitled "RAilROAD RELATIONS
,NO INSURANCE" (EXHI8IT "C"), and shall include, but not be limited to, payment cf all costs incurred for any damages
) Railroad roadbed, tracks. and/or eppurtenances thereto, resulting from use, occupancy. or presence of its employees,
:;::resentatives, or agents or subcontrac~ors on or about the construction site.
Kindly acknowledge receipt of this letter and of the insurance herein provided to be furnished to you, by signing and
turning to the undersigned, a ccpy of this letter, which shall thereupcn constitute an agreement berNeen us,
Yours truly,
(Contractor)
6'1
:eipt of the foregoing letter and of the policies
certificates of insurance therein provided to be
ished is hereby acknowledged this
,day of ,19_
: BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
(Title)
Address
City,
State, lip
wpd
97-365
All Agencies
fRev. 03/213/'37
EXHIBIT "C.Z.'
INSURANCE
RAILROAD PROTECTIVE INSURANCE. The 'erm "Railroad" shall be understood '0 mean THE 8URLlNGTC~1
NORTHE.~~I AND SANTA FiO RAILWAY COMPANY.
In addition to any other form of in~l.Jranca or band~ required under the terms of the Comract and
specifications, the Comractor will be required to carry insur;Jnca of the kinc~ and in the amounts hereinafter specified.
Such insurance shaH be approved by the Railroad before any work is performed on Railroad's property and
shall be carried umil all work required to be performed on or adjacent to the Railroad's property under the terms of the
contract is satisfactorily completed as determined by fAf1pnr:'I1 (jl~ a;5~j.JF:,.YQ.~.6.12DI !o..I~ , and
thereafter until all tools, equipment and materials, not belonging to the Railroad, have been removed from Railroad's
,eroperty and such property is left in a clean and presentable condition. The insurance herein required shall be obtained
ty the successful bidder and he shall furnish the IAG~"r.'I\ C I ""1'Y
with three completed certificates, in the form attached hereto, signed by the insurance company, or its
authorized agent or representative, reflecting the existence of each of the policies required by 1 and 2 below inc!uding
coverage for X, C and U and completed operations hazards, the original pOlicy of insurance and one certified copy
thereof required by 3 below. (Aaenc'Il c, ,.v will convey one (1) of the certificates of policy certifying 1
and 2 and the original policy of insurance required by 3 to Railroad and (if an'll
u~on receipt from successful bidder. (Ac~nc'/l C.l"'T.... will notify successful bidder whether Railroad approves
the insurance policies.
Certificate of insurance shall guarantee thar the policy under 1 and 2 will not be amended, altered, modified
or cancelled insofar as the coverage contemplated hereunder is concerned, without at least thirty {30} days notice
mailed by registered mail to the (Acer'1cv\ C ti'V and to Railroad.
Full compensation for all premiums which the Contractor is required to pay on all the insurance described
1ereinafter shall be considered as included in the prices paid for the various items of work to be performed under the
:ontract. and no additional allowance will be made therefor or for additional premiums which may be required by
~xtensions of the policies of insurance.
1. Contractor's Public Liability and Property
Damage Liability Insurance
The Contractor shall. with respect to the operations he performs within or adjacent to Railroad's property,
:ury regular Contractor's Public Liability and Property Damage Liabiliry Insurance providing for the same limits as
Jecified for Railroad's Protective Public Liability and Property Damage Liability Insurance to be furnished for and on
~half of Railroad as hereinafter provided.
The approximate daily train traffic is~ passenger trains (- max MPHl, ~freight trains ( 10 max MPH1,
ld...Q. switch engines ( - me, MPHI.
If any part of the work within or adjacent to Railroad's property is subcontracted, the Contractor in addition
carrying the above insurance, shall provide the above insurance on behalf of the subcontractors to cover their
erations.
2. Contractor's Protective Public Liability and
Property Damage liability Insurance
The Contractor shall, with respect to the operations performed for him by subcontractors who do work
:hin or adjacent to Railroad's property, carry in his own behalf regular Contractor's Protective Public Liability and
perty Damage Liability Insurance providing for the same limits as specified for Railroad's Protective Public Liability
j Property Damage Liability Insurance to be furnished for and on behalf of Railroad as hereinafter provided.
97-365
3. A.Jilroild's ProtsctJVS Public Liability and Property C;'lm.Jgs Liability Insurance wrinen on ISO
Form No. CGCOJ51 093 and including The Limited Saep<lge and Pollution Liability
Endor:;emenr.
Tile Contr.Jcror sh.J]l, with respect to the operations he p~rforms within cr acj.Jcant to Aarlroad's property or
that of any of his subcontractors who do work withIn or acjacenr to Railroad's propert'l, have issued and furnished
separately. policy or policies of insur.Jnce in the Railroad Protective Liability Form as hereinafter specified. Each such
colic'l shall provide limits of li.Jbdity as specified in s.Jid Railroad Protective Liability Form.
The fir:H policy shall name as insured:
Ti-ie BURLINGTON I'JGRTHE.::U"j AND SA.'JTA F:: R;"IL'NAY COI'vIPAI'JY
7"':'0 Eas;: C.lrnegie Drive
3an Bernardino, California 92408-3571
,j,,~;:n: Manager Public Projects
-~e second policy sMail name as insured:
RAILROAD PROTECTIVF LIABIL'TY FORM
(Name of Insurance Company)
,CLARA TrONS
m 1. Named Insured:
m 2. Policy Period: From
stated herein.
to
12:01 a.m., Standard Time, at the designated job site as
'T1 3. The insurance afforded is only with respect to such of the following coverages as are indicated in Item 6 by
specific premium charge or charges. The limit of the Company's liability against such coverage or coverages
shalf be as stated herein, subject to all the terms of this policy having reference thereto.
limits of liability
COVERAGES
EACH OCCURRENCE
AGGREGA TE
A
Bodily Injury Liability
$2.000.000 combined
single limit
$6.000,000 for
coverages A, 8, and C
B
Property Damage liability
C
Physical Damage to
Property
4. Name and Address of Contractor:
..,
97-365
Item S. Name and Address of Governmental Authorit'l for whom the work by the Contractor is being performed:
fAI'J"",-'/1
Itt:Jm 6. Designation of the Job Site and Description of 'Nark:
FOR CONSTRUCTION ON
Fremium
8"1s~s
Rates per $100 of Cost
C:1'1"!r;'lr:~ A C0'1'!r.lr:~s 8:~..r:
Advance Premiums
c."Jv"!r,v:e A
C0'/'!nr:"!s B,~C
Contract
C0Si
Rental
Cost
$
$
s
s
$
$
s
s
-~._-._-~.~~~~.___._.~~~_~n.n~~_~~'._'~~_.._n~~_._~~.__~~_.__U.._._____d__nn_
Countersigned
19_ By
Title
POLICY NUMBE.~:
(Name of Insurance Company}
insurance company, herein called the Company, agrees with the insured named in the
clarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements
he Declarations made by the named insured and subject to all of the terms of this policy,
RAILROAD PROTECTIVE liABIliTY COVERAGE FORM reG 00 35 06 901
ious provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
It is and is not covered.
Jughout this policy the words .you. and .your. refer to the Named Insured shown in the Declarations. The words
l., .us., and .our", refer to the Company providing this Insurance.
word "Insured" means any person or organization qualifying as such under WHO IS AN INSURED (SECTION II).
" words and phrases that eppear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V).
SECTION I . COVERAGES
COVERAGE A
BODIL Y INJURY AND PROPERTY DAMAGE LIABILITY
Insurina Aareement.
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily
injury" or "property damage" to which this insurance applies. We will have the right and duty to defend
any .suit" seeking those damages. We mav at our discretion investigate any OCcurrence and serrlp. ~n'/
97-365
c~aim or "sujt~ thJ( may result. Sut:
(1) The amount we will pay tor dam<Jgas is limited as d~scribad in LIMITS OF INSURANCE (Section
II/I; and
(2J Cur right and dur'l to defend ends when we have used up the aJ:~licJble limit of jnsurJnce in the
payment of judoments or settlements.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly
provided for under SUPPLEMENTARY PAYMENTS, COVERAGE A,
b. This in3UrJnCe applies to "cadily injury" and "propan'l damage" onl'l if:
(1) Th~ "bodily iniur,/~ or "property damage~ occurs during the policy period; and
(2) The "bodily injury" or ".croper~y dJmage" arises out of acts or omissions at the "job location"
which are related to or are in connection with the "work" described in the Declarations.
c. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss
of services or death resulting at any time from the "bodily injury".
e.'(c!usions
This Insurance does not apply to:
a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This
exclusion does not apply ta "bodily injury" resulting from the use of reasonable force to protect persons
or prop erty.
b. "Sodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages
assumed in a contract or agreement that is a "covered contract".
C. "Bodily injury" or "property damage" occurring after the "work" is completed. The "work" will be
deemed completed at the earliest of the following times:
(11 When all the "work" called for in the "Contractor's" contract has been completed.
(21 When all the .work" to be done at the "job location" has been completed.
(31 When that part of the "work' done at the "job location" has been put to its intended use by you.
the governmental authority or other contracting party.
This exclusion does not apply to "bodily injury" or "property damage" resulting from the existence of or
removal of tools, uninstalled equipment, or abandoned or unused materials.
d. "Bodily injury" or "property damage", the sole proximate cause of which is an act or omission of any
insured other than acts or omissions of any of "your designated employees". This exclusion does not
apply to injury or damage sustained at the "job location" by any of "your designated employees" or
employee of the "Contractor", or by any employee of the governmental authority or any other contracting
party (other than you) specified in the Declarations.
e. Any obligation of the insured under a workers compensation, disability benefits or unemployment
compensation law or any similar law. This exclusion does not apply to any Obligation of the insured
under the Federal Employers Liability Act. as amended.
1. "Sodily injury" or "property damage" arising out of the actual, alleged, or threatened discharge, dispersal,
seepage, migration, release or escape of pollutants at or from the "job location";
(1) Due to the past or present use of the "job location" by you or for you or others for the handling,
storage, disposar, processing or treatment of waste; or
(21 Due to the dumping or disposal of waste on the 'job location" by the "Contractor. with the
knowledge of you or any of "your designated employees"; or
(3) On which you or "Contractors" working directly or indirectly on any insured's behalf are
97-365
p'lrforming operatIons:
(,j) If the pollutantz ,U9 brought on or to th~ "job focJtion" in connection with such opar,ltions
by such inzured. contractor or subcontrJc~or; or
(bl If the operiltions ar'3 to test for, monitor, clean Up. remO'ls, contain, treat. detoxify or
neutrilJize, or in any W<J'/ reSPond [0, or access the effects of pollutants.
Subparagraph (3l(al does not apply to "bodily injury" or "property damage" arising out of heat. smoke or fumes
from a hostile fire.
As used in this exclusion, a hostile fire means ena which becomes uncontrollable or breaks out from where it
was intended to be.
Pollutants means any solid. liquid. gJseous. or thermal irritant or contaminant, inc!uding smoke. vapor, scot,
fumes, acids. alkalis, chemicals and waste. Waste includes materials to be recve/ed. reconditioned or
ree/aimed.
g. "Property damage" to property owned by you or leased or entrusted to you under a lease or trust
agreement.
COVERAGE B
PHYSICAL DAMAGE TO PROPERTY
1. Insurina Aare@ment.
We will pay for "physical damage to property" to which this insurance applies. The "physical damage to
property'" must occur during the policy period. The "physical damage to property" must arise out of acts or
omissions at the "job location" which are related to or in connection with the "work'" described in the
Declarations. The property must be owned by or leased or entrusted to you under a lease or trust agreement.
2. Exclusions.
This insurance does not apply to '"physical damage to property".
a. Occurring after the "work'" is completed. The '"work'" will be deemed completed at the earliest of the
following times:
(1) When all the "work" called for in the 'Contractor's" contract has been completed.
(2) When all the "work" to be done at the "job location" has been completed.
(3) When that part of the "work" done at the "job location" has been put to its intended use by you,
the governmental authority or other contracting party.
This exclusion does not apply to "physical damage to property" resulting from the existence of tools,
uninstalled equipment and abandoned or unused materials.
b. The sole proximate causa of which is an act or omission of any insured other than acts or omissions of
any of '"your designated employees'";
c. Due to nuclear reaction, nuclear radiation. or radioactive contamination, or to any related act or condition.
d. Due to the discharge, dispersal, seepage, migration, release or escape of pollutants excluded under
exclusion f., Coverage A.
97-365
SUPPLEMENTARY PAYMENTS, COVERAGE A
'vVa will p.J'I. with r~sp~cr to any claim or "sujc~ W13 defend:
1. A:l expenses we incur.
2. AU costs taxed against the insured in the "suit".
3. All interest on the full amount of any judgment that accrues aftar enuy of the judgment and before W'3 have
paid. offered to payor deposited in court the part of the judgment that is within the appJic.Jble limit of
insurance.
The cost of bonds to release attachments, bur onl'( for bond amounts within the applicacle limit of insurance.
"'Ie do not have to furnish these bonds.
Expenses incurred by the insured far fir:H aid to orhers at the time af an accident. tor '"bodily injury" Co which
thIS insurance applies.
All reasonable expenses. incurred by the insured at our request to assist us in the investigation or defense of
the claim or '"suit", including acruallcss of earnings up to $100 a da'll::ec,Juse cf time off from work.
Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to
pay the applical::le limit of insurance. we will not pay any prejudgment interest based on that period of time
after the offer.
lese payments will not reduce the limits of insurance.
SECTION 11 . WHO IS AN INSURED
You are an insured.
Your executive officers and directors are insureds, but only with respect to their duties as your officers and
directors.
Your stockholders are insureds but only with respect to their liability as stockhorders.
Any railroad operating over your tracks is an insured.
SECTION III - LIMITS OF INSURANCE
The limits of insurance shown in the Declarations and the rules below fix the most we will pay regardless of the
number of:
ea) Insureds;
(b) Claims made or .suits" brought; or
(c) Persons or organizations making claims or bringing "suits".
The Aggregate Limit is the most we will pay for the sum of all damages because of all '"bodily injury", all
'property damage' and all "physical damage to property". .
Subject to 2. above, the Each Occurrence Limit is the most we will pay for the sum of all damages because of
all "bodily injury", all "property damage" and all '"physical damage to property" arising out of anyone
occurrence.
Subject to 3. above. the payment for 'physical damage to property" shall not exceed the lesser of:
a. The actual cash value of that property at the time of loss; or
b. The cost to repair or replace the property with other property of like kind or quality.
97-365
The limit::> of this Cavar.Jge Part apply separately to each consecUriVfl annual pariod and to any rflmaining period of
less than 12 months, sfartir.g with the beginning of tho policy p~ricd shewn in the Cac!araricns. unless the polic',.'
;::~ncd is extended after is~uJr:ce fer an additional p~riod of Jess (,"I,M 12 months. In that case, the additional p~f1od
will be deemed part of the last preceding pp.riOd tor purposes of determining the Limits of Insurance.
SECTION IV ' CONDITIONS
A. The fallowing Conditions appl'l to Coverages A and B:
1. Assianml!nt.
A3signmenr of interest under chIS CoverJge PJrt shall not bind us unless we issue an endorsement
con3enting to the assignmenr.
2. 8~nkruotcv
Eankruptcy or insolvency of ehe insured or af the insured's estate wiJ/ net relieve us of our obligation
under this policy.
3. Cancell.ltion.
a. You may cancel this polic'l by mailing or delivering to us advance writ'.:en notice of cancellation.
b. We may cancal this pOlicy by mailing or delivering to you, the '"Contrac-.:ar'" and any involved
governmental authority or other contracting party designated in the Declarations, at the
respective mailing addresses last known to us, written notice of cancellation at least 60 days
before the effective date of cancellation.
c. Notice of cancellation will state the effective date of cancellation. The policy will end on that
date.
d. If this policy is canceled, any unearned premium will be refunded. If we cancel, the refund will
be pro rata. If you cancel, the refund may be less than pro rata, The cancellation will be
effective even if we have not made or offered a refund.
e. If notice is mailed, proof of mailing will be sufficient proof of notice.
4. Chanaes.
This pOlicy contains all the agreements between you and us concerning the insurance afforded. You are
authorized to make changes in the terms of this policy with our consent. This policy's terms can be
amended or waived only by endorsement issued by us and made a part of this policy.
5. InSDections and Survevs.
We have the right but are not obligated to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find; and
c. Recommend changes.
Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be
charged. We do not make safety inspections. We do not undertake to perform the duty of any person or
organization to provide for the health or safety of workers or the public. And we do not warrant that
conditions:
7
97-365
a. Are safe or healthful; or
b. Comply with laws. regulations. codas. or standards.
This condition applies not only to Us. bur also to any ':H:ng. i)(hiscry, (ate ser....ice or similar cfQani;:,J[ICn
which makes insurance inspections, surveys. reperts or recommendations.
6. Cthf!f InSlJf:'lnr:1!
The insurance afforded by this policy is:
a. Primary insurance and Wfj will nor seek contribution from any ather insurance a'Jai/able to you
except jf the other insurancB is provided by a contractor other than the designated Contractor for
the same oper,]{ion and "job location"; and
b. If the other insuranc9 is i]'/ailabJe, we will share with that other insuranca by th~ method
described below.
If all of the other insurance permits contribution by equal shares, we will fof/ow this method also.
Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of
insurance or none of the loss remains, whichever comes fir:;;L
If any of the other insurance does not permit contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is based on the ratio of its appfic<3bJe limit of
insurance to the total applicable limits of insurance of all insurers.
7. P"p.mium and Premium Audit
a. We will compute all premiums for this Coverage Part in accordance with our rules and rates.
b. Contract costs, the premium base shawn in the Oec!arations, means the tatal cost of the
operations described in the Declarations.
c. The premium shown in the Declarations as advance premium is a deposit premium only. At the
close of each audit period, we will compute the earned premium for that period. Audit premiums
are due and payable on notice to the Contractor designated in the Declarations. If the sum of the
advance and audit premiums paid for the policy term is greater than the earned premium, we will
return the excess to the Contractor designated in the Declarations.
In no event shall the payment of premium be your obligation.
8. Transfer Of Richts Of Recoverv Aaainst Others To Us.
If the insured has rights to recover all or part of any payment we have made under this policy, those
rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the
insured will bring "suit" or transfer those rights to us and help us enforce them.
9. When We 00 Not Renew
If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in
the Declarations written notice of this nonrenewal not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
The following Condirions apply to Coverage A only:
1. Leaaf Action Aaainst Us.
No person or organization has a right under this policy:
a. To join us as a party or otherwise bring us inca a "suit" asking for damages from an insured; or
b. To sue us on this policy unless all of its terms have been fully complied with.
R
97-365
A person or organization may Sue us to racov~r on an agreed settlement or on a final judgment against an
insured obtained after an actual trial; bur W'3 will not be liable for ddmJ';~S that ar'3 not pJ'{able unc~r the
t~rms of this policy or that are in exceS5 of the applic.Jcla limit of insur,Jnce. An agrgad settlement
means a settlement and rele<Jse of liJbility signed by us, the insured and the claimant or the claimant's
legal representativa.
2. DIJti'Js In Thl! E'/'me Of OccurrcmcI! Claim Or SIJrc
a. You must see to it that we are notified as soen as practicable of an Occurrence which may result
in a cl<Jim. To the extent possible, notice should include:
(1) How, when and where the occurrence toek place; and
(2) The names and addresses of any injured persons ar:d witnesses; and
(3) The natura and location of any injury or damage arising out of the OCCUrrence.
b. If a claim is made or .suit'" is brought against any insured, you must:
(l) Immediately record the specifics of the c!aim or '"suit'" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or "suit" as soen as practicable.
c. You and any other involved insured must;
(l) Immediately send us copies of any demands, notices, summonses or legal papers received
in connection with the claim or .suit'";
(2) Authorize us to obtain records and other information;
(3) Cooperate with us in the investigation, settlement or defense of the claim or .suit'"; and
(4) Assist us, upon our request. in the enforcement of any right against any person or
organization which may be liable to the insured because of injury or damage to which this
insurance may also apply.
d. No insureds will. except at their own cost. voluntarily make a payment. assume any obligation, or
incur any expense, other than tor first aid, without our consent.
3. SeDaration of Insureds,
Except with respect to the Limits of Insurance this insurance applies:
8. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom claim is made or .suit'" is brought.
The fallowing Conditions apply to Coverage B only:
1. Aooraisaf.
If you fail to agree with us on the value of the property, or the amount of loss. either you or we may
make written demand for an appraisal of the loss within sixty (50) days after proof of loss is tiled. In this
event. each party will select a competent appraiser. The two appraisers will select a competent and
impartial umpire. The appraisers will state separately the value at the property and the amount of loss.
If they tail to agree. they will submit their differences to the umpire. A decision agreed to by any two
will be binding. Each party will:
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8. Pay its chosen appraiser; and
b. Edar the other expenses of the aepra!:;.]1 and umpire 9Guall'/.
If we submit to an apcralsal, we sri!! rar.]in our fil;;ht to deny the claim.
2. NIJ B'!n""fit ta Bdill!q
No per30n or ofQaniZ:Jtion, other than 'leu. hdving custody of the property will benefit from this
insurance.
3. 'n~lJr~rl''5 O'Jth~'S: In Thl't E'J~nt of A lo<t~
You muse
a. Protect the property. Whether or not the loss is covered by this policy. Any further loss due to
your failure to protect the property shall not be recoverable under this policy. Reasonable
expenses incurred in affording such pro taction shall be deemed [0 be incurred at our request;
b. Submit to us, as soon after the loss as possible, your sworn proaf of loss containing the
information we rec;ues(ed to settle the loss and. at our request, make available the damaged
propert'{ for examination.
4. leaal Action Aaainst Us.
No person or organization has a right under this policy to sue us on this policy unless all of its terms have
been fully complied with and until 30 days after proof of loss is filed and the amount of loss is
determined as provided in this policy.
5. Payment of Loss.
We may pay for the loss in money but there can be no abandonment of any property to us.
SECTION V - DEFINITIONS
"Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from
any of these at any time.
"Contractor" means the contractor designated in the Declarations and includes all subcontractors working
directly or indirectly for that "Contractor" but does not include you.
"Covered contract" means any contract or agreement to carry a person or property for a charge or any
interchange contract or agreement respecting motive power, or rolling stock equipment.
".Job location" means the job location designated in the Declarations including any area directly related to the
"worle" designated in the Declarations, "Job location" includes the ways next to it.
"Physical damage to property" means direct and accidental loss of or damage to rolling stock and their
contems. mechanical construction equipment or motive power equipment, railroad tracks, roadbeds, catenaries,
signals, bridges or buildings.
"Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of
use shall be deemed to occur at the time of the physical injury that caused it; or
b. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to
Occur at the time of the OCcurrence that caused it.
"Suit" means a civil proceeding in which damages because of "bodily ifljury" or "property damage" to which
this insurance applies are alleged. "Suit" includes:
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a. An arbirration procaedir.g in which such damages are claimed and to whIch y",u must submit or do submit
with our consent; or
b. Any other alcarnarjv"! dispute resolution proceeding in which such damages are claimed and Co which you
submit with our consent.
8. "Work" means work or operations performed by tht3 "ConrraGrar~ including materials, parts or equipment
furnished in connection with the work or operations.
3. "Vour dQsignated employ~e" means:
a. Any superVisory employee of yaurs at the "job location";
b. Any employee of yours while operating. attached to or engaged on work trains or other railroad
equipment at the "job Jocation" which ara assigned exclusively to the "Contractor"; or
c. Any employee of yours not described in 8. or b. above who is specifically loaned or assigned to the work
of the "Contractor" for the prevention of accidents or protection of property.
IN WITNESS WHEREOF, the
by its presider:t and a secretary at
authorized agent of the Company.
Indemnity Company has caused this pOlicy to be signed
and countersigned on the Declarations page by a duly
(FACSIMILE OF SIGNATURE)
(FACSIMILE OF SIGNATURE)
Secretary
President
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97-365
THIS ENDORSEMENT CHANGES THE POLlCY.
PLEASE READ IT CAREFULL Y.
NOTICE OF CHANGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
..... The Change Condition is replaced by the following:
4. Changes
This policy contains all the agreements between you and us concerning the insurance afforded. You are
authorized to make changes in the terms of this poJie', with our consent. This policy's terms can be
amended or waived only by endorsement issued by us and made a part of this pclic,. and by mailing or
delivering to you, the .Contractor" and any involved governmental authority or other contracting party
designated in the Declarations. at the respective mailing addresses last known to us, written notice of
change at least 60 days before the effective date of change.
HER TERMS
other terms of your policy remain the sarna.
18 of Insured: PoRcy Number:
, BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
!: Exo;ration Date:
Effective Date:
Processina
Counter Signature:
.
9'1-365
THIS ENDORSEMENT CHANGES THE POlley.
PLEASE READ IT CAREFULLY.
POLLUTION EXCLUSION AMENDMENT
This endcrz:ement modifies insurance provided under the foJlowing:
RAILROAD PROTECTIVE LIABIliTY COVERAGE PART
?ar.Jgraph 3.{a) of Exclusion f. of COVERAGE A (Section I) is repfilced by the following:
{al
If the poilu rant:;:, other than fuels or lubricants tor equipment
used at the '"job location" are brought on or to the "job
location" in connection with such operations; or
'HER TERMS
other terms of your policy remain the same.
-ne of Insured: Policy Number:
:: BURliNGTON NORTHERN AND SANTA FE RAILWAY COMPANY
EXDiration 08lt.'
Effective Date:
Processina Dafe"
Counter Signature:
..
....
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97-365
THIS ENDORSEMENT CHANGES THE POLICY.
PLEASE READ IT CAREFULLY.
LIMITED SEEPAGE. POLLUTION AND
CONTAMINA nON COVERAGE ENDORSEMENT
n consideration of the premium charged it is understood and agreed that Exclusion f. of this Policy shall not apply to
he liability of the insured. resulting frem seepage and or pOllution and or contamination caused solely by:
"
a unintended fire, lightning or explosion; or
.)
a collision or overturning of a road vehicle; or
a collision or overturning or derailment of a train.
otwithstanding the foregoing it is ag-fged that the coverJge provided by this Endorsement shall not apply to:
loss of, damage to or Joss of usa of property directly or indirectly resulting from sub-surface
operations of the insured. and or removal of loss of or damage to sub-surface oil, gas or any other
substance;
any site or location used in whole or in part for the handling, processing, treatment, storage.
disposal, or dumping of any waste materials or substance;
the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or
contaminating substances;
the cost of removing and/or nullifying and/or c!eaning up seeping and/er pel/uting and/er
contaminating substances on property at any time owned andlor leased and/or rented by the
insured andlor under the contra' of the insured.
HER TERMS
other terms of your policy remain the same.
1e of Insured: PoUcy Number:
EHective Date:
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
" Exciration Date:
Processina
Counter Signature:
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97-365
Rilllroad Fila:
CERTIFICA TE OF INSURANCE
This is to certify to:
(l J Manager Public Projects
THE BURLINGTON NORTi-!E.~,'J AND SANTA FE RAILWAY COMPANY
740 E.Jst CJrnegie Oriv<3
San Bernardino. CA 92408-3571
(2) and to the following Rairroad Company(s)
hat such insurance as is afforded by the policy or policies described below for bodily injury liability and property
~amage liability is in full force and effect as of the date of this certificate and covers the following contractor as a
~amed insured with respect to Habilit'l fer damages arising out of operations performed by or for the named insured
1 connection with the contract or work described below.
. Namf>d Insur""o and AddrF'ss'
his is to certify that policies of insurance listed below have been issued to the insured named above and are in
:rce at this time. Notwithstanding any requirement, term or condition of any contract or other document with
spect to which this certificate may be issued or may pertain, the insurance afforded by the pOlicies described
~rein is subject to all the terms. exclusions and conditions of such policies.
Oescriotion of Work
Contract No.
Policy Limits of Liability
Coverages Exciration Date Each Occurrence Aggr~gate
:ontractor's
lodily Injury Liability
nd Property Damage
iability
mbrella or Excess
iability
All of the coverages Incfude coverage tor the completed operatIons hazard and X, C and U exposures.
1 "
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97-365
.
Name of Insurance Company by Coverage
C,.,vQr,,...,,,s
ComC"lr1'1
P"Ii~'1 I'Jtj,....:c."r
S..,rii/'J 'nillr'/ Li",bifir'l
P"r"JOQ"~'1 D"'m"~~ L';Jbilir'l
Umbr<>lI.:t l')r I=xr.~ss L!<Jbifir'l
4. The pOlicy or policies described above will not be amended. altered, modified or cancelled uncil thirty (301
days after written notice thereof has been given by registered mail to the (1 ) Agenc'l
, and (2) the Aailroadlsl named as certificate holder in this certificate.
Certificate Date:
Fer
Insunmce Company
By
Authorized Agent or Representative
Ui"I_c2.wgd
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97-365
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EXHIBIT "0"
Train S'lrvice Commitments.
Any delay to a freight or passenger train that affects the BNSF's ability to fully utilize their equipment
and to meet customer service and contract obligations. (Aaencv) r.''''T,( CI= "'AIo.I~~<2!oJ"'l2.[")'>JC>
will be billed, as further provided below, for the economic losses arising from loss of use of
equipment and train service employees, contractual loss of incentive pay and bonuses, and
contractual penalties resulting from train delays, whether caused by the (Aaencv) Co. "T....
, its contractors or subcontractors, or by the BNSF working for
the (AaencvJ C. ,.,.'" . BNSF agrees that it will not
perform any act to unnecessarily cause train delay,
For loss of use, (Aaencv) (' \ ""'1..... will be billed per freight train
hour at an average rate of $385.33 per hour per train as determined from BNSF's records. Any
disruption to train traffic may cause delays to multiple trains at the same time for the same incident.
In addition to the above damages, passenger, U. S. mail trains and certain other grain, intermodal,
coal and freight trains operate under incentivelpenalty contracts between BNSF and its customer.
Under these arrangements, if BNSF does not meet its contract service commitment, BNSF may
suffer loss of performance or incentive payor be subject to a penalty payment. The (A aencv)
r. \ '"T '-< shall be responsible for any train performance
and incentive penalties or other contractual economic losses actually incurred by BNSF which are
"attributable" to a train delay caused by (AaencvJ C'. \ .,......
its contractors and subcontractors as defined below.
As example, a train arrives 30 minutes after its contract service commitments and BNSF is assessed
damages per terms of the contract. The (Aaencv) C '" 'i ,
its contractors and subcontractors. caused a 29 minute delay to the train and therefore are not
responsible for any train performance and incentive penalties or other contractual economic losses
actually incurred by BNSF.
As example, a train arrives 30 minutes after its contract service commitments and 8NSF is assessed
damages per terms of the contract. The (Aaencv) c. I '"T,-( ,
its contractors and subcontractors, caused a 3 1 minute delay to the train and therefore are I 00%
responsible for any train performance and incentive penalties or other contractual economic losses
actually incurred by BNSF.
The contractual relationship between BNSF and its customers is proprietary and confidential. In the
event of a train delay covered by this agreement, The BNSF will share information relevant to any
train delay to the maximum extent consistent with BNSF's confidentiality obligations. Damages for
train delays for certain trains could be a high as $50,000 per incident. The (Aaencv)
Co I ,. '-( , its contractors and subcontractors shall plan, schedule,
coordinate and conduct all of their work so as to not cause any delays to any trains.
'''_<:i1 wpd July T. 1997