HomeMy WebLinkAbout21- Public Works C Y OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
File No. 1 . 845
7
ROGER G. HARDGRAVE Subject: Authorization to Execute Agree--
From: dent with Burlington Northern &
Works Public
Dept:
Santa Fe Railway Co. - Installa-
tion of Railroad Crossing Signal
,� 'I`r � Systeri for Extension of Orange
Date: 11-20-97 Show Road
Synopsis of Previous Council action:
07-06-92 Authorization granted for City to assume responsibility
for engineering design services.
08-17-92 - Resolution No. 92-343 adopted authorizing execution of
agreement with DMJM for design services .
02--17-97 - Plans approved and authorization granted to advertise
for bids.
08--18-97 - Resolution No. 97-250 adopted awarding a contract to MCM
Construction, for low bid. price of $9 , 133 , 734 . 00 .
NOV 2 5 1997
Recommended motion:
Adopt resolution.
cc: B. Eopf, IVDA
F. Wilson
J. Penman
ature
Contact person: Roger G. Hardgrave Phone: 5 02 5
Staff_ Report,
Supporting data attached: Agreement & Resolution Ward: 3
FUNDING REQUIREMENTS: Amount: $244 , 250 _
Source: (Acct No ) 242--162-5504-1996
Acct. Description) Extension o Oran e Show Rd. -
Arrowhead Avenue to Tippecanoe Avenue Finance ��
Council Notes:
Res 97-
7
/ 9
75-0262 Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The extension of Orange Show Road will entail construction of a
new grade crossing at the existing railway. This railway was
originally owned by The Atchison, Topeka & Santa Fe Railway
Company, but was purchased some years ago by SANBAG for a
possible future mass transit use.
Authorization to construct a new railroad grade crossing must be
secured from the California Public Utilities Commission.
Decision No. 94 06 043 was issued by the Commission on 6-22-94 ,
to authorize construction of the new grade crossing. This
decision is contingent upon the existing grade crossings at Ennis
Street, Main Street and Broadway Street being permanently closed.
SANBAG contracts with the Burlington Northern and Santa Fe (BNSF)
Railway Company for maintenance and operation of this railway.
BNSF will have the required railroad crossing signal system, con-
sisting of four (4) No. 9 flashing lights and automatic gates,
installed at the new grade crossing by a Contractor. A proposal
was obtained from the Mass Electric Construction Company to in-
stall the signal system for a lump sum price of $244 , 250 . 00 .
The proposed Agreement has been prepared by BNSF and provides, in
general , that the railroad crossing signal system will be done by
their Contractor for a price of $244 , 250 . 00 .
The total estimated project cost, based upon the actual low bid
price, contained an amount of $1 , 404 , 099 . 00 for contingencies,
which can be used to finance the cost of the work under this
Agreement. All costs will be charged to Account No. 242-362-
5504-1996 , and reimbursed from Federal-Aid STP Funds (880) and
Inland Valley Department Agency (12%) . No City funds will be
used to finance any portion of this work.
We recommend that the Agreement be approved.
11-20-97
CITY ORIGINAL
BNSF SECY. CONT. NO.:
05025067
ORANGE SHOW RD AT-GRADE CROSSING
AGREEMENT made this 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 Bemardino, Califomia. 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's 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:
ART C 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
- 1
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 SANBAG 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 (5114,346.00), 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 Employers 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
2
i'
Project, including but not limited to the right to cross SANBAG'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 perform
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 conform to the
standard side clearance set forth in the requirements of the Califomia Public Utilities
Commission (hereinafter referred to as the "Commissions 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-1" and "C-2", attached hereto and by
reference made a part hereof.
10. That, except as hereinafter otherwise provided, all work to be performed hereunder by City in
the construction of the Project will be performed 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 form 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
3
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 ll,
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 lll, 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 SANBAG over its right of way, such notification shall be given to SANBAG's Executive
4
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t
1y
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
5
following addresses:
The Burlington Northern and BNSF's Manager of Public Projects
Santa Fe Railway Company: 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
By
Its
ATTEST: CITY OF SAN BERNARDINO
By
Rachel Clark, City Clerk
Its Mayor
Approved as to corm
and legal content:
James F. Penman
City Attorney
By
6
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EXHIBIT "A"
120 SAW
Mi�u4. BKSG 2Y
THE B. N. S. F. RAILWAY COMPANY PACE: 1
FORCE ACCOUNT ESTIMATE FOR ��
iCITY Of SAN BERNAROINO EXHIBIT 'B
fl
ORANGE SHOW ROAD AT-6RADE CROSSING WITH
112 FT. CONCRETE SURFACE. +N
ON-GOING SUSPENSE AUTHORITY kO. 7-5501-95 IS
ASSIGNED TO THIS PROJECT.
CONSTRUCT A NEW 112 TF OF 136 LB. CONCRETE AT-GRADE CROSSING OF ORANGE
SHOW ROAD AT M.P. 2.8 ON THE'REDLANDS INDUSTRIAL SPUR, CAJON SUBDIVISION,
SOUTHERN CALIFORNIA DIVISION
REDLANDS INDUSTRIAL SPUR IS AWNED 8Y THE SAN BERNARDINO ASSOCIATE
GOVERNMENT AND ADMINISTERED lY 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 "E REWIRED AUTOMATIC DEVICES TO BE INSTALLED
BY AN OUTSIDE SIGNAL CONTRACTOR.
REMOVE THREE ROAD CROSSINGS::
1. ENNIS ST XING 2U 2.6 (32 FT LONG A.C. PAVED)
2. BROADWAY ST XING 2U 0,2 (18 FT LONG ALLEY A.C. PAVED)
3. MAIN ST XING 2U 0.23 (16 (T LONG ALLEY A.C. PAVED)
ON-GOING SUSPENSE AUTHORITY 00. 7-5501-95 IS ASSIGNED TO THIS PROJECT.
DETAILS OF ESTIMATE
I
LOCATION - REDLANDS SPUR TO DESCRIPTION - CONSTRUCT ORANGE SHOW ROAD XING
-----------------------------------------------*---------------------------------------------------------------------------
DESCRIPTION i QUANTITY U/M COST f TOTAL f
--------------------------------------------- -------- ----- ----------- -----------
MNN)NN N1fN
LABOR
NNNNNNNNN ,
PLACE PUBLIC CROSSINGi 4,593
REMOVE PUBLIC CROSSING 1,968
REPLACE CROSS TIES 4,593
REPLACE RAIL/0TH 4,593
SURFACE TRACK 1'274
UNLOAD BALLAST 636
WORK TRAIN - BALLAST 409
WORK TRAIN - CROSS TIES 188
WORK TRAIN - PUBLIC XING 470
WORK TRAIN - UNLOAD OTM .41
WORK TRAIN - UNLOAD RAIL 141
PAYROLL ASSOCIATED COST 11,743
SUPERVISION 13,570
INSURANCE 11523
----------- -----------
TOTAL LABOR COST 45,962 45,902
' aNNNNlNiaNN■ i
MATERIAL
■N NfR#NNNNiN i
ANCHOR, RAIL,DRIVE TYfE,5 1/2IN BAS 352.0 EA 256
ANCHOR, RAIL, DRIVE TYPE, 6 IN BASE 44.0 EA 32
BALLAST, NEWBERRY 232.0 NT 1,895
FILTER FABRIC 187.0 SY 657
PIPE, 6 IN PVC PERF 284.0 LF 532
PLATE, TIE, 5.5 IN BASE, DS 176.0 EA 816
PLATE, TIE, 6 IN BASE; DS 22.0 EA 107
RAIL, 115 L8 NEW WELDED 156.0 LF 1,795
RAIL, 136 LB NEW MELDED 324.0 LF 4,409
TRACK SPIKES, NEW ' 792.0 EA 183
STEP JOINT, 115/90 LB LH 2.0 EA 240
STEP JOINT, 115/90 LB'RH 2.0 EA Z40
STEP JOINT, 136/115 L1 LH 2.0 EA 271
STEP JOINT, 136/115 LE RH 2.6 EA 272
i
ENGINEERING SERVICES - KANSAS CITY PRINTED: 16/63/97
SYSTEM FILE NUMBER: 65625667 Q197-SUA
ESTIMATE REF. NUMBER: 96-164 1-1-%-2 %-10 -97
. i
j DETAILS OF ESTIMATE PACE: 2
LOCATION - REDLANDS SPUR TO j DESCRIPTION - CONSTRUCT ORANGE SHOW ROAD XING
-----------------------------------------------j--------------------------�AMITM COST
-------------------- -1 TOTAL l
----- ---
DESCRIPTION
-------------------- ^--••--•-------------- -------- ..... ----------- -----------
TIE, CROSS, TREATED, "AROWOa 99.0 EA 2,441
TIE, 10-,PREPITED,PANDR,6",ROUNDHOL 91.0 EA 6,516
CONC 136 08-SEC WITH FILLER FOR W000 112.0 TF 15,120
USE TAX 2,932
HANDLING CHARGES 564
TRANSPORTATION 2,866
----------- -----------
TOTAL MATERIAL COST 42,464 62,464
i
OTHER ITEMS
##tt#it#itii###
COMPANY OWNED EQUIPMENT 3,800
LOADER TO PLACE CROSSING 14,000
PLACE ASPHALT RAMP 120
----------- -----------
TOTAL OTHER ITEMS COST 17,920 17,920
-----------
SUBTOTAL 1161286
CONTINGENCIES 8,060
GROSS PROJECT COST 114,346
LESS COST PAID BY &NSF 0
TOTAL ESTIMATED COST *114,346
i
----•-•----•---------------------------------------------------
ENGINEERING SERVICES - KANSAS CITY. PRINTED: 11/03/97
SYSTEM FILE NUMBER: 65025067 4197-SUA
ESTIMATE REF. NUMBER: %-104 =1-1-%-2 96-104-97
All Agencies
(Rev. p6 i13i97 )
Railroad File: EC,0-LSQ!_'7
Agency Projec::C'.nNSZ L Z1nq cp Nq,i A-r rood— ,c
nf:dPA1�-r_Swletit Qe- QaF 'TAF
`;DULL AT Mt,F P, L•fSS'
EXHIBIT `C`
scCTICN 1.01 RAILRCAD RELATICMS AND IMSZ.IRANCE
-1.01 Gererai. The Czr:mac;or shalt ccccerate with THE SLRLINGTCN NCR7HERN ANC SA.47A FE RAILVAY
=MPANY, hereira".!r referred :: as '*Rail road" wore-e wort is over, urcer or acjacen: to its tracks during the
ccrs:,^•_c:icn of _ QtZ�1sG-i �L Z�o�
arc ;c avoic interference with the Operation of railroad
ptren,.
The Ccnt-ac:or must urders:ard the Ccn:-ac:cr's right to enter Railroad's property is subject to the
acsclute right of Railrcad :o cause the Ccr:rac:cr's work or. Railroad's prcper:y to cease if, in the opinion
cf Railroad, Ccntrac:or's activities create a hazard to Railroad's property, employees, and/or operations.
The Ccrtrac:or shall ro;ify the (Acercv�y,�pfCn.� r��,�an�aoand Railroad's Roadmaster,
Dn"toC---•M-P_,CoL°4 telecncr,e
%ncer ( e)pq ) 3%Z-40e-1 at least thirty (3C) working days before ccmrercirg ary work
cn, or near prccer:y or tracts of Railroad. Ccn:rac:or, in his rc:ificaticn to Railroad, shall refer to
Railrcad's file nurcer Qce---)ZGoe-,7
Five sets Of wcrking drawings shewirg details of ccrs:roc:icn affecting railroad tracks and prcper:,/,
including those for falsework or shoring of excava:icns near tracks and the proposed method of rercva, of
fatsewerk, shoring or criccing, rot included in the contrac: plans and ewe sets of calcula:iors of ary
faIsework, shoring or cribbing to be located over, order or adjacent to Railroad's tracks shalt be furnished
by the Ccntrac:or to the Railroad Review by the (Ace^cv) providing funding for propcsed project must be
cc^cleted before ccmputaticrs are submitted to Railway for review. A: leas: 30 days should be allowed in
project schedule for Railway's structural review. Addi:icral time may be required for complex projects or if
design assumpticns and calculaticns are unclear or inccplete. The working drawings (Structural plans) and
calculations must be sealed by a professional engineer who is registered in the state where the work will be
tcca:ed. Assunpticrs used in design and/or analysis must be s:a:ed. If no: included in the wcrking drawings,
a d:-ersicr.ed ske::n shcwirg ,-e location of tracks relative tc ,-e s:,.x:ure to be reviewed and the dir__,.cn
arc pcint of accli:3:icn of alt leads, except live load Or track, ms: be provided. Ccpies of accrcpriate
per:icns of design manuals, other than the A:SC Steel Cons-.c:icn Manual and American Railway Engine°ring
Association Marual for Railway Engineering, must be furnished wherever calculations make reference to such
manuals. Material from the American Railway Engineering Association Manual for Railway Engineering need not
be included but mus: be identified by chapter and section rurter. All formulas and/or equations user in
c:mCUt3:ions must be shcwn. Alt symcols used Taus: be defined and units shcwn. Rows and columns in tables ms:
be labeled. If design is net covered by Chac:er 7, 8, 9, 15, 19 or 29 of the American Railway Engineering
Association Marual for Railway Engineering, detailed documentation of design must be furnished. 4hen values
from tables, other than tables of commonly used mathematical furs:icns 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 ears:
be identified and all items of input and output mast be labeled and have units shown. Relationship between
program design and A.R.E.A. requirements must be roved and accrccriate allowances made, and identified, where
A.R.E.A. re-quirere.^.:s differ from program design. In score cases, additioral information regarding the program
may be reques:ed. Sufficient informaticn to allow structural analysis must be furnished for all shoring,
retaining walls and buried or partially buried installaticrs if ary portion of the installation or tie
excavation for its construction falls between the planes slcping away frcm a track on 1: 1 slopes and
intersecting the plane of the top of rail at a dis:arce of seven (7) feet on each side of the center line of
the track. Shoring is not required for excavation cn a 1-1/2 herizortal to 1 vertical slope starting eleven
(11) feet from the center tire of the nearest track. Plans must have all dimensions shown in fee: and inches.
They may be dual dimensioned in me:ric units and fee:-inch units. If available, reduced size (approxima:e!y
11 in, x 17 in.) plans should be furnished for review in pre4erence to full size plans. The informatics
rem es:ed in this sec:icn dces rot cover design requiremen:s, Only the information that mast be furnished to
allow a reasonably efficient review of prcposed designs. Permission to proceed with construction does not imply
any review of ccrs-ruc:abi.lity or of any feature of the procosed work other than its potential effect On
railroad operations. The Cor:ractor shall not begin such work until rotified by the Railroad that such ptars
1
have been approved- The Contractor shalt be rewired to use winches to lower and remove any falsework over
Railroad's tracks. In no case shall the Contractor be relieved of responsibility for results obtained by the
use of said plans.
It is expected that Railroad will cooperate with tMe Contractor such chat the work may be hardled and
performed in an efficient manner, subject to the Federal Railroad Administra;ion's (FRA) Safety Rules for
Rcadway Worker Protection, 49 CPR 216, The Contrac:or shall have no claim whatsoever for ary type of damages
or for extra or additioral ccmpersation in the event his work is delayed by the work of the Railroad Company.
-1.02 Agreement.--Before performing any work on Railroad right of way or property, the Contractor will
be required to execute and deliver to Railroad a Letter Agreement (EXHIBIT "C-11'), in the form attached hereto,
obligating the Contractor to provide and keep and maintain in full force and effect the insurance called for
order "insurance" of these special provisiors. Additionally, no employee of the Contractor, its Subccntrac:ors
agents or Invitees shall enter 3NSF property without first having attended a Training Seminar and can
demons-trate a clear urderstarding of BNSF's application of the FRA's Safety Rules for Roadway Worker protection
as referenced above. The Contractor shall give Railroad a minimum of thirty (30) days advance notice for
scheduling the Training Seminar.
-1.03 Railroad Recuiremer:s.--The Contractor shall cocpera:e with Railroad where work is over or order
tae tracks, or within the limits of Railroad property, so as to expedite the work and to avoid interference with
the operation of Railroad equipment,
The Contractor shall comply with the rules and regulations of Railroad and the ins-%c:icrs of the
Railroad's representatives in relation to the proper manner of protecting the tracks and property of Railroad
and the traffic moving on such tracks, as well as the wires, sigrals and other procerty of Railroad, its tenants
or licensees, at and in the vicinity of the work area during trie period of construction.
The Contractor shall pe r,'cr-this work in such marner and a; such times as shall rct endanger, delay or
interfere with the safe and timely operation of the tracks and procerty of Railroad and the traffic moving on
such tracks, as well as the wires, signals and other property of Railroad, its tenants or licensees, at or in
the vicinity of the work area.
T-e Contrac;:r shall take p-:;ec;ive measures as are necessary to keep railroad facilities, ircluding
;rac'c ballast, free of said, debris, and other foreign objects and materials resulting from his operations.
Ary damage to railroad facilities resulting from Ccntractor's cceratiors will be repaired or replaced by
Railroad a: its option and the cos: of such repairs or replacerent shall be deducted from the Cortractor's
proSress and final pay estimates.
The Ccntrac;or shall not pile or s;ore any materials, nor park or use his equipment closer than 25'-0"
to the center of the nearest Railroad track, unless directed by Railroad's representative.
T-e Ccntrac:er shall also abide by :..e following cleararces durirg the course of cons:%C:ion:
15,-C" Hcri"._,•;ally from ;terlir.e of tract (irc'.:.dirg terporary falsework)
22'-6" Vertically above tcp of rail
21'-6" Vertically above t:p of rail (Temporary Falsewcrk Clearance - Subject to
Public Utilities Cc.-oission approval)
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
23'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts
3.:'-C" Vertically above t:p of rail for electric -wires carrying more than 20,CC0 volts
Any infringement on the above cleararces or walkways due to the Contractor's oceratiors shall be
Submitted to the Railroad and to the _(Agency) G i Tv and shall not be undertaken until approved in
writing by the Railroad, and until the (Agercv) C%TV has obtained any necessary authorization from
the State Regulatory Agency for the infringement. No extra ccrpensation wilt be allowed in the event the
Contractor's work is delayed pending Railroad approval, and/or the S-a-e Regulatory Agency's approval.
a in the case of impaired ver:ical clearance above t:p of rail, Railroad shall have the option o=
installing tell tales or other protective devices Railroad deems necessary for protection of Railroad trairmen
or rail traffic.
j 2
i
i
i
The details of corscructicn affecting the Railroad's tracks and property not included in the contract
plans shall be submitted to the Railroad by way of (agency) C I-7l.[ for approval before such work
is undertaken and such work shall rot be undertaken until the Railroad has given such approval.
Contractor shall roc move his equipment or materials across Railroad's tracks until he has obtained
permission from Railroad ard, should it be required, the Contractor shall obtain a private crossing agreement
prior to moving his equipment or materials. The crossing installation for the use of the Contractor, if
required, shall be ac the expense of the Contractor.
The Contractor shall, upon completion of the work covered by this contract to be performed by the
Ccntractor upon the premises or over or beneath the tracks of Railroad, promptly remove from the premises of
Railroad all of Ccntractor's tools, implements and other materials, whether brought upon said premises by said
Ccntractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and shall cause said
promises to be left in a clean ard presentable condition.
-1.C4 Protection of Railroad Facilities:-
(1) Upon advarce nocificaticn of not less than thirty (30) working days by Contractor, Railroad
representatives, inspectors, flag.-en or wat:i,men will be provided by Railroad to protect its
facilities, property and movements of its trains or ergir,es. In general, Railroad will furnish such
personnel or other protective services:
(a) When any part of any equipment is standing or being operated within twenty five (25) fee; or
operated so close to Railroad property that may affect the Railroad or Railroad's property,
or when any erection or c_rstruccicn activities are in progress within such limits, regardless
of elevation above or below track.
(b) For ary excavation below elevation of track subgrade if, in the opinion 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 tie opinion of Railroad's representative, may erdarger railroad facilities or operations.
(2) Railroad will furnish such persorrel or other protective services when, in the opinion of Railroad's
representative, railroad facilities, including, but rot limiter to, tracks, buildings, signals, wire
Lines, or pipelires may be erdargered.
(3) (a) The cost of flagging provided by Railroad during the period of construction that portion of
the project located on or rear Railroad property, as deemed necessary for the protection of
Railroad's facilities and trains, will be borne by the Acercv) 17,,( for a period
of consec:aive calerdar days beginning on the date work ccmmerces on or rear property
of Railroad. The Contrac:or shall pay to the _(Ace cv) C I -T,.,( liqui-'a^ed damages
in tie sin cf S per day for each day in excess of the above consecutive
calerdar days the :cntrac::r works on or rear Railroad property, and which requires flagging
protection of Railroad's facilities and trains.
(b) The cost of all Railroad persornel (other than that required for inspection and flagging),
equipment, ard facilities deemed necessary by the Railroad and provided by the Railroad for
the protec:icn of railroad facilities ard trains during the period of construction within
Railroad rignt of way, ard the cost of installing protective devices in the case of impaired
cleararce, shall be borne by the Contractor. The Contractor shall 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.
(=) Railroad will submit its final bills to Contractor for cost incurred pursuant to Paragraph 3(b).
-1.05 Work by Railroad Ccmcary.--Railroad will rearrange its tracks, telephone, telegraph , signal tires
ard appurtenances, and wilt perform any other work in correction therewith, except grading to be done by others.
1.06 Contractor General Safety Requirements. Safety is of the utmost importance in performing any wort
on the Railroad's property. The Railroad does not in any marner assume the control or responsibility of the
Contractor to provide safe working conditions for the Contractor's employees or Subcontractors in requiring tie
Contractor to follow the Railroad's General Safety Requirements. The Contractor is responsible for compliance
with Federal and Scare laws and any goverment regulations, including those related to Track Work Protection
when work is conducted around tracks.
Work in the proximity of a railroad track is potentially dangerous. The Contractor and its employees,
Subcontractors and Irvi:ees are governed by tie following Safety Rules ard General Safety Requirements whi,e
on Railroad property. The Ccntractcr is responsible for enforcement of these Safety Rules and Requirements.
The Railroad has the right to bar the Contractor, its employees, Subcontractors and Invitees from working on
Railroad property if the Railroad deems such persons are acting in an unsafe manner.
3
Before beginning any task, a c=nplete job safety briefing will be conducted with all individuals involved with
the task, and again if the task changes. If the task is within 25 feet of any track, the job briefing nest
include the Railroad's flagman.
All Contractor's employees will receive safety instruction from the Contractor's Safety Officer or a qualified
Railroad representative prior to the start of any project. The Contractor's supervision will review the safety
guidelines contained below to familiarize their err'ployees with safety issues that exist when working in a
railroad envirorment. This should be reviewed at least weekly, and with any new employee(s) coming on the job.
I; is the respcnsibitity of the Contractor's sucervision and/or their Safety Officer to instruct their employees
with the Railroad and F.RA Roadway Worker Protection Safety guidelines and to require their compliance.
Safety rules carrot be all-inclusive. Workers must refrain from unsafe and improper practices, including both
the violation of written rules and regulations, and rules of common sense.
(1) The use of alcoholic beverages, intoxicants, narcotics, marijuana or other controlled substances by
emptoyees subject to duty or their possession or use while on duty or on Railroad property is
prohibited. Workers must not retort for duty order the influence of any alcohotic beverage,
intoxicant, narcotic, marijuana or other controlled subs;arce, or medication, including these
prescribed by a doctor, that may in ary way adversely affect ;Heir alertness, coordina;ion, reaction,
response or safety.
(2) Scuffling, horseplay, practical jokes and all conduct of a similar nature is prohibited.
(3) Ary damage to Railroad property will be reported irmediately to ;he Railroad's representative in charge
of the project. Any vehicle or machine contact with a track, signal equipment, or structure (bridge)
could result in a train derailment and shall be reported by the quickest means passible to the Railroad
representative in charge of the project or the Railroad's System or Network Operations Center.
Emergency nurters are to be obtained from the Railroad representative in charge of the project prior
to the start of any work and are to be posted at the job site for the duration of the of the project.
(4) All persons are prohibited from having firearms or other deadly weapers, including knives with a blade
in excess of three ircnes, in their possession, while working on Railroad property, except those
au:hcrized to have them in the performarce of their duties or, those given special permission.
C5) Gccd hcusekeepirg is of the utacst ircortarce in the prevention of accidents, injuries and fires.
Clear,-= wilt be conducted on a daily basis.
(5) Tools or work materials must not be left in close proximity to tracks.
(7) Throwing waste, garbage, bottles, refuse, or ocher such materials on Railroad property or disposing of
such a; other than designated locations is prohibited. Each Contractor will provide refuse contair.e-s
at the work site and empty them on a daily basis.
Cbjec:s which r_rsti;u;e a slipoirg or trippirg hazard must rot be left in walking areas.
(9) Open fires or fires in barrels are not allowed on Railroad property unless appropriate permits are
acquired.
(10) In all cases, es:abtish`d route of travel in and abcu• the pr:perty must be used.
(11) Railroad vehicles have an unquestioned right-of-way in all circun tances relating to work on or about
the track area.
(12) Workers must not wear or use anything which impairs vision or hearing. listening to personal radios
or tape players is prohibited white on duty.
(13) All Contractor employees workirg on the Railroad's property wiit be required to wear OSHA accroved
safety grasses with side shields, hard hats, with a high visibility orarge cover, and above-tne-arkle,
Lace-up, safety boots with a defined heel. High visibility re:ro-reflective orange vests are required
in certain locations as specified by the Railroad's representative in charge of the project. During
inclement weather, proper clothing to protect against frostbite, etc., will be worn. Particular
attention to footing and the use of proper footwear 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 work wilt not be required to comply.
(14) All workers will become familiar with and be capable of recognizing railroad equipment adjacent to the
tracks.
"* (15) Walking, stepping or starding on rails or ties, or sitting on any part of track structure except in
performance of duty is prohibited. NOT,: The term "track structure" means the space between the rails
and within eight feet outside the rails, unless otherwise specified.
4
(16) Workers are prohibited from tampering with switches or any other railroad equipment unless it is
necessary for work operation and only in the presence of an authorized railroad worker.
(17) Workers must not go underneath rail cars. They must not occupy rail cars except in performarce of
their duty.
(18) Workers must not cross tracks by crossirg over or between cars that are coupler together.
(19) Workers must not attempt to catch onto or ride any moving railroad equipment, even though it may be
moving slowly.
(29) Workers must not take refuge from rain, heat, etc., under or in cars or other rail equipment.
(21) Workers are warned that trains, tocomotives or cars may be expected at any time, on any track, in
either direction, and that they must watch for and keep clear of such movements. Workers must take
extra precaution to be on the lookout for accroachirg trains, especially when working in multiple track
territory, when field of vision is limi:ec, or when noisy equipment is in use. A portable air horn may
be used by a desi;ra:ed person to warn wcr'(ers of acproaching trains or equipment. Urder certain
corditicns, trains and equipment can acercac:i without being heard. Proper attention and protection are
essential to personal safety when working near railroad tracks.
(22) Workers shall not work on the track, between tracks in multiple track territory, or nearer than 25 feet
to the track without proper flay/work protection provided by the Railroad, unless the track is
protected by track bulletin and work has been authorized by the Railroad. If flag/work protection is
provided, every employee must know: (1) idho the Railroad flagman is, and how to contact him. (2)
Limits of the flag/work protection. (3) The method of ccmn:nication to stop and resume work. (')
Entry into flag/work limits when designated. Men or equipment entering flag /work limits that were
not previously job briefed, must notify the flagman immediately, and be given a job briefing if working
at less than 25 feet from center line of track.
(23) Any work within 25 feet of the rail, without consideration to height, must be stcpced in the clear to
acknowledge approaching and passing trains, and Contractor's employees shall move as far away from :he
track as practical, until t^e ENTIRE train has passed. This assures the train engineer that the train
has been seen, and it is We to proceed. Failure to cc4ply 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 working limits, work may then
resume. Workers must NE'!ER stand with their back to a moving train. Metal banding and other
ccmccnents may break or a portion of the lading could shift extending outward several feet beyond the
rail car during shipment.
(2:) Work in turrets, on bridges and overpasses must be done in accordance with a safety plan agreed uccn
by the Railroad prior to be;irnirg wort in :nese areas.
(25) Co not wave arcs or ccjec:; violently excep: in an e.-.ergency; this is a S'CP signal.
(25) Workers must not make ary movement toward an axroaching train or operate machinery in a manner that
would cause the engineer to believe that the track is going to be fouled.
(2') Crossing tracks i.r:ediately in front of moving railroad equipment is prohibited.
(23) When necessary to cross any track, lock 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 Jere only with permission of and under the supervision of the
Railroad on site representative.
(30) Some rails are ccrductors of electri cal c:.rren: and are integral parts of the railroad's cpera•irg
system. Devices that could shut this electrical current must not be laid across rails. No hard or
portable tools will be left on the rails a: 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 se:. If it is equipped with blade, pan or bucket, that must
be lowered to the ground. All machinery and equipment left unattended on the right-of-way must be left
inoperable and secured against movement.
(32) Machinery or equipment shall not be stored or left te=c rarity near a highway grade crossing in such
a manner as to interfere with the si;ht distances of persons approaching that crossing. Prior to
beginning work, the Contractor, with concurrence of the Engineer or his representative on site, will
establish a storage area.
5
(33) Cutting or knocking down trees or moving rocks and other materials that might
structure or on crnunicaticns or power lines is prohibited, fall on the track
unless done with the prior approval ark
Supervision of the Railroad.
(3� No contaminates are to be discharged on Railroad property. Should it occur, it must be reported by the
(;,;ickest means possible to the Railroad's representative in charge of the project. (This includes oils,
diesel fuel, gasoline, etc.).
(35) Workers must not create and leave any condition at the work site that would interfere with water
drainage.
(36) All work over water will meet State and Federal regulations.
(37) Safeguards and safety sigrs must be kept in place and in good condition. It is the respcnsibility of
the Contractor to provide same.
(32) Each person in charge of a work party must be familiar with the Mite Post location of the area in wnich
work is beirg performed so that in cases of emergencies the exact location may be given to Rait r_ad
per sore[.
(39) When an emergercy exists or if any hazard is noticed on passing trains, the Railroad representative on
sire must be notified immediately.
(-0) High frequency radios (not C3's) shall be used ty all crews for emergercy Communications between crews.
Radio transmitters must no: be operated when Lccated less than 250 feet from blasting operations.
(.1) When it is necessary to create a hazardous condition in performing work on or in the vicinity of a
track, proper protection mus: be afforded in accordance with a safety plan submitted to and approved
by the Railroad prior to creating the hazardous condition, as well as taking any other precautions
that may be necessary to protect the ccrditicn.
(42) Before excavatirg, it must be ascertained by the Contractor if there are any underground pipe
tires, electric wires, or caries, incl;ding fiter Optic cable systems that either cross or run
para;lel with tie ;rack whir are located within the Projects work area. Excavating on the right of
way could result in damage to buried cables resulting in delay to railroad traffic, including
disructicn of service to users resulting in business interruptions involving loss of revenue and
profits. Sefcre ary excava:ion cemmerces, the Contractor must contact the Raitrcad's sigral and
track representative in charge of the area. ALL urde rrcurd and overhead wires mus: be considered
HIGH VCLTAGE and dangerous until verified with the company having ownership of the line. It is also
the Contractor's resxnsibili y to notify any other companies that have underground utilities in the
area and arrarge for the location of all underground utilities before excavating.
(=3) The C--r-:-ac:--,- ,n.s: cease al' work and ;^e ;ailrad must be ro:ified irtr;ediatety before continuing
excava:;cn it the area if cts:ruc:icns are ercxrtered that do not appear on drawings. If the
obstruc:icn 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 urdergrourd 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 irustructions.
(=4) per scrre[.
excavations reg
per ardtess of depth wilt be shcred where there is any danger to track structure or
(45) No excavation will be left uncovered or unprotected overnight. When 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 workirg 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.
(=6) Holes o. trerc^es in t^e 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 rc: in use.
(=s) ALL excavations will be back filled as soon as possible.
(0) ALI Power line wires must be ccnsidered dangerous and of high voltage unless informed to the contrary
by proper authority. For tines rated 50CI or below, minimun cleararce between the lines and any part
of the equipment, or lead shalt be 10 fee% For Lines rated over 5CKv, minimum clearance between the
line and any part of ecuipmen: or load shall be 10 feet plus 0.6 inches for each I KV over 50KV. If
kad the capacity of the lire is not Kjown, minimum clearance of 20 feet must be maintained. A person shall
be desigrated to observe cleararce of the equiprtme.^.t and give a timely warning for alt operations where
it is difficult for an operator to maintain the desired clearance by visual means.
6
(50) When Contractor employees are required to work on the Railroad property after normal working hours or
on weekends, the Railroad representative in charge of the project must be notified. No one wilL.be
allowed to wort alone during the times specified above. When it is necessary to work during these
times, a minimum of two employees are required to be present, consisting of a Railroad employee with
a Contractor employee.
(51) Ez.,ipmer,t and vehicles must operate at a safe speed, being aware of operating conditions as weL( as
other equipment ard persons working in close proximity. Extreme caution must be exercised at all grade
crossings.
IM ALL CASES OF DCURT OR UNCERTAINTY THE SAFEST COURSE MUST BE TAKEM.
1.C6 Perscrat Injury Reporting
(1) The Railroad is required to report certain injuries as a part of comoliarce with Federat reporting
requirements. Any personal injury sustained by an employee of the Contractor, Subcontractor or
Contractor's Invitees while on the Railroad's property must be reported immediately (by phere mail if
i.racte to contact a perscn) to the Railroad's representative in charge of the project. The Injury
Retort Form contained herein is to be c::rTLeted and sent by Fax to the address indicated by the
Railroad, no Later than the close of shift on the date of the injury.
(exh c.wt:d
7
Ail Agencies
(Rev. 03/25!9% )
Railroad File: n S 0 2 S O E�-i
Agency Project: r eTaii -siok �F
NF.y-1 bQ-ZI qGE S" Roo D gY
Z'NE C-%-T-4 OF SoN $�2Nsa0.0�No
EXHIBIT"C-1"
Agreement Between
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
AND THE CONTRACTOR
E EUR'-11 IGT,t NORTr~E.RN AND SAS JTA FE R„i[-W'Y CCNI= N'r'
7a0 E CarneCie Orve
San eemardirc CA 924C8-3571
>ttention: Manager Public Projects
;er4.emen:
'he undersigned has entered into a contact dated 19_,with the fACenc/�
for the performance of certain wcr'k in conrec~cn wit, the project:
in the performance of which
crk the undersigned Wil necessarily be required to conduct operations within THE BURLINGTON NORTHERN AND
AiNTA FE RAILWAY COMPANY, hereinafter referred to as"Railroad", right of way and property. The Contract provides
at no work shal be commenced within your right of way or property and the Contractor employed in connec"on with said
crk for_(Acene�� C i-ry s^all have executed and dervered to you a Lener Agreement, in the form hereof, and shal
:e prcAided;rsurance of ti^e coverage and 'imis scec:led in said Ccr.-.act. If this Let er Agreement is executed by ether
an the Cwner, General Parker, President or Vice President of undersigned firm, evidence is furnished to you here'Mi'm
ing that the signatory s empowered tc execute this Agreement for the firm.
Accordingly, as one of the inducements to and as part of the consideration for your granting permission to the
dersigred to enter upon your right of way or propery for the performance of so much of the work as is necessary to be
rfcrmed within your right of gray or property,the undersigned, effective on the date of said Contract, has agreed and does
-reby agree with you as follows:
,ction 1.The undersigned shall fully indemnify and hold harmless Railroad, its agents and employees against any and all
�iTRy,claims, demands, damages,or costs of whatever kind or nature including, but not limited to, Gabiiity claims, demands,
mages or costs for(a) death or bodily injury to persons, ir,c'uding without limitation the employees of the parses hereto,
injury to property, including without limitation, the property of the panes hereto, (c) design defects, or(d) any other loss,
rage, or expense arising under either(a),(b), or(c), and ai fines or penaites imposed upon or assessed against Railroad,
d all expenses of investigating and defending against same (including but not limited to costs and attorneys' fees),
;ardess of the negligence or aieged 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 WI ure to perform, by the undersigned, its subcontractors, employees, or agents, its work or any
igation under this Agreement, or(3) any and ail acts or omissions of the undersigned, its subcontractors, employees, or
ents in, on, or about the construction site. Nothing contained in this provision is intended to, nor shall be deemed or
',s„ued to, indemnify Ralroad from.i s sole negligence or willful misconduct, or that of its agents, servants or independent
itractors who are directly responsible to it
:lion 2.That the undersigned wA procure, and vy]maintain in force and effect, insurance meeting all of the requirements
;fined in the Special Provisions for and in said Contract, and there is provided to you herewith the following documents
eting such requirements:
(a) Original Policy in Railroad Protective Liability Form. including the Notice of Change Endorsement, the Pollution
Exclusion Amendment, and the Limited Seepage, Pollution and Contamination Coverage Endorsement in favor
of THE EURLINGTON NORTHERN AND SANTA FE RAILWAY CONIPANY, 740 E. Carnegie Orive
San Eernardina CA 92408-3571 Attention: Manager Public Projects, and
(b) Certificate reflecting the existence of Contractor's Public Liability and Proper' Damage Liability Insurance and
Contractor's Protective Public Liability and Property Damage Liability Insurance.
It is further distinctly understood and agreed by the undersigned that its liability to the Railroad Company herein under
Section 1,will nct in any way be!invited to or affected by the amount of insurance obtained and carried by the undersigned
in connection with said Contract.
't is also distinctly understood that the Railroad file reference number and location information, as shown at the top of this
4greement, must appear cn any original insurance pclicies or certificates of irsurarce sent to Railroad by the undersigned.
3ecticn 3. That t e undersigned MI cbserie and comply wit~ ail the previsions, obligations and limitations to be obseried
=y Contractor which are contained in the sut:dvsien of the specifications of said contract, entit;ed"RAILROAD RELATIONS
VZ INSURANCE-(EXHIEIT"C"1, and shall include, but not be limited to, payment of all costs incurred for any damages
o Railroad roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees,
epresentatves, or agents or subcontractors 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
eturnirg to the undersigned, a copy of this!eater, which shail thereupon constitute an agreement between us.
Yours truly,
(Contractor)
Ey
rceipt of the foregoing letter and of the pclicies (Title)
d certificates of insurance therein provided to be
nished is hereby acknowledged this Address
_day of 19
E BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
City, State, Zip
t.r.pe
Ail Agencies
(Rev. 03/25/97 )
EXHIBI'
INSURANCE
RAILROAD PROTECTIVE INSURANCE. The term 'Railroad' shall be understood to mean THE BURLINGTON)
NORTHERN AND SANTA FE RAILWAY COMPANY.
In addition to any other form of insurance or bonds required under the terms of the contract and
specifications, the Contractor will be required to carry insurance of the kinds and in the amounts hereinafter specified.
Such insurance shall be approved by the Railroad before any work is performed on Railroad's property and
shall be carried until 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 (Ac,?rryiGI-r--f and
thereafter until all tools, equipment and materials, not belonging to the Railroad, have been removed from Railroad's
property and such property is left in a clean and presentable condition. The insurance herein required shall be obtained
by the successful bidder and he shall furnish the (Aaenr_yl C i'Ty
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!udir.g
coverage for X, C and U and completed operations hazards, the original policy of insurance and one certified copy
thereof required by 3 below. _ (Acencvl c tTY 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 any)
upon receipt from successful bidder. (Acercv) C.1TV will notify successful bidder whether Railroad approves
the insurance policies.
Certificate of insurance shall guarantee that the policy under 1 and 2 will not be amended, altered, modified
j or cancelled insofar as the coverage contemplated hereunder is concerned, without at least thirty (30) days notice
nailed by registered mail to the !Acercy' C iTY and to Railroad.
Full compensation for all premiums which the Contractor is required to pay on all the insurance described
iereirafter shall be considered as irc!uded in the prices paid for the various items of work to be performed under the
:ontrac:, and no additional allowance will be made therefor cr for addit;cral premiums which may be required by
!xtensicrs 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,
arty regular Contractor's Public Liability and Property Damage Liability Insurance providing for the same limits as
pecified for Railroad's Protective Public Liability and Property Damage Liability Insurance to be furnished for and on
ehalf of Railroad as hereinafter provided.
The approximate daily train traffic is 0 passenger trains (-- may MPH), Z freight trains ( 10 max MPH),
,id—a switch engines ( -- max MPH).
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
aerations.
2. Contrac:or'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
ithin or adjacent to Railroad's property, carry in his own behalf regular Contractor's Protective Public Liability and
'3perty Damage Liability Insurance providing for the same limits as specified for Railroad's Protective Public Liability
d Property Damage Liability Insurance to be furnished for and on behalf of Railroad as hereinafter provided.
1
3, Railroad's Protective Public Liability and Property Damage Liability Insurance written on ISO
Form No. CGCC351093 and including The Limited Seepage and Pollution Liability
Endorsement.
The Contractor shall, with respect to the operations he performs within or adjacent to Railroad's property or
that of any of his subcontractors who do work within or adjacent to Railroad's property, have issued and furnished
separately, policy or policies of insurance in the Railroad Protective Liability Form as hereinafter specified. Each such
policy shall provide limits of liability as specified in said Railroad Protective Liability Form.
The first policy shall name as insured:
Ti4.S BURLINGTON NCRTHERN ANC SANTA FE RAILWAY COMPANY
740 East Carnegie Drive
San Bernardino, California 92408-3571
A;;n: Manager Public Projects
The second policy shall name as irsured:
FRA'l gOAO P90TFC7;VS I IABILI T y F ;R,%i
(Name of Insurance Company'
CLARATiONS
em 1. Named Insured:
em 2. Policy Period: From 12:.^.•1 a.m., Standard Time, at the designated job sit-3 as
stated herein.
-3 m 3. The insurance afforded is Orly 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
shall be as stated herein, subject to all the terms o` this policy having reference thereto.
Limits of Liability
COVERAGES I EACH CCCURRENCE AGGREGATE
A Bodily Injury Liability $2,000,OCO combined $6,000,000 for
single limit coverages A, 8, and C
B Procery Damage Liability
C Physical Damage to
Property
4. Name and Address of Contractor:
Item 5. Name and Address of Governmental Authority for whom the work by the Contractor is being performed: _
(Arvnr•/�
Item 6. Designation of the Job Site and Description of Work:
FOR CONSTRUCTION ON
Premium Rates per $1C0 of Cost Advarce Premiums
Bas?s Cn,/grgre A Cov erices COvPr,1_e A Coyer:ices S&C
Contract
Cos, s s s $
Rental
Cost S S S S
Ccurtersigred 19_ By
Title
POLICY NUMBER:
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(Name of Insurance Ccrnpany)
insurance company, herein called the Company, agrees with the insured named in the
eclarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements
the Oeciarations made by the named insured and subject to all of the terms of this policy.
RAILROAD PROTECTIVE LIABILITY COVERAGE FORM (CG 00 35 06 90)
:rious provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
lat is and is not covered.
roughcut this policy the words 'you' and 'your' refer to the Named Insured shown in the DeclarVicns. The words
'e', -us-, and 'our', refer to the Company providing this Insurance.
a word 'Insured' means any person or organization qualifying as such under WHO IS AN INSURED (SECTION II).
'ier words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V).
SECTION I - COVERAGES
COVERAGE A
Ir BODILY INJURY AND PROPERTY DAMAGE UABIUTY
Insuring Agreement.
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 may at our discretion investigate any occurrence and settle anv
claim or 'suit' that may result. But:
(1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (Section
III); and
(2) Cur right and duty to defend ends when we have used up the applicable limit of insurance in the
payment of judgments or settlements.
No other obligation or liability to pay sums or perform acts or ser.,ices is covered unless explicitly
provided for under SUPPLEMENTARY PAYMENTS • COVERAGE A.
b. This insurance applies to "bodily injury' and 'property damage" only if:
(1) The "bodily injury" or 'property damage' occurs during the policy period; and
The 'bodily injury" or 'property damage' arses out of acs or omissions at the "job Iccation'
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'.
2. Exclusions.
This Insurance does not apply to:
a. 'Bodily injury' or 'property damage" expected or intended from the standpoint of the insured. This
exclusion does net apply to 'bodily injury' result'.r.g from the use of reasonable force to protect persons
or property.
b. "Bodily 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:
(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 'jab 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 '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.
f. 'Bodily 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, disposal, processing or treatment of waste; or
(2) 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
performing operations:
(a) If the pollutants are brought on or to the 'job location' in connection with such operations
by such insured, contractor or subcontractor; or
(b) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or
neutralize, or in any way respond to, or access the effects of pollutants.
Subparagraph (3)(a) does not apply to "bodily irjury' or 'property damage' arising out of heat, smoke or fumes
from a hostile fire.
As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it
was intended to be.
Pollutants means any solid, liquid, g3secus, or thermal irritant or contaminant, including smoke, vapor, scot,
fumes, acids, alkalis, chemicals and waste. Waste irc!udes materials to be recycled, recondit:er,ed or
reclaimed.
g. 'Property damage' to properly owned by you or leased or entrusted to you under a lease or trust
agreement.
COVERAGE B
PHYSICAL DAMAGE TO PROPERTY
1. Insuring Agreement.
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 cr
emissions 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 net apply to 'physical damage to properly".
a. Occurring of:-2r the 'work' is completed. The 'work' will be deemed completed at the ear!iest of V e
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 cause 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.
SUPPLEMENTARY PAYMENTS - COVERAGE A
We will pay, with respect to any claim or 'suit' we defend:
1. A;I expenses we incur.
2. All costs taxed against the insured in the 'suit
3. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have
paid, offered to pay or deposited in court the part of the judgment that is within the applicable limit of
insurance.
�. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance.
We do not have to furnish these bonds.
�.
Expenses incurred by the insured for first aid to others at the tame of an accident, for 'bodily injury' to whit`:
this insurance applies.
.3. All reasonable expenses, incurred by the insured at our request to assist us in the investigation or defense of
the claim or 'suit', in.c!uding actual Icss of earnings up to UCC a day because of time off from work.
7. Prejudgment interest awarded against the insured on that par, of the judgment we pay. If we make an offer to
pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time
after the offer.
"hese payments will not reduce the limits of insurance.
SECTION it - 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 stockhc1ders.
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:
(a) 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 any one
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.
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The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of
'ess than 12 months, starting with the beginning of the policy pericd shown in the (Declarations, unless the policy
,;eried is extended after is:3uarce for an additional period of less than 12 months. In that case, the additional period
will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.
SECTION IV • CCNDI,IONS
A. The following Conditions apply to Coverages A and B:
1. Assianment.
Assignment of interest under this Coverage Part shall not bind us unless we issue an endorsement
consenting to the assignment.
2. BankrUptc•r.
Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligation
under this policy.
3. Cancellation.
a. You may cancel this policy by mailing cr delivering to us advance written notice of cancellation.
b. We may cancel this policy by mailing cr delivering to you, the 'Contractor" and any involved
governmental authority or other contractirg pary 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 carcallaticn.
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 !ess than pro rata. The cancellation will be
effective even if we have not made cr offered a refund.
e. If notice is mailed, proof of mailing will be suffc:ent proof of notice.
4. Chanaes.
This policy contains all the agreements between ycu and us concerning the insurance afforded. You are
authorized to make changes in the terms of this pciicy 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. Inspections and Surveys,
We have the right but are not obligated to:
a. Make inspections and surveys a, 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 net 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
a. Are safe or healthful; or
b. Comply with laws, regulations, codes, or standards.
This condition applies not only to us, but also to any rating, advisory, rate service or similar organization
which makes insurance inspections, surveys, reports or recommendations.
6. Cther Insurance.
The insurance afforded by this policy is:
a. Primary insurance and we will not seek contribution from any other insurance available to you
except if the other insurance is provided by a contractor other than the designated Contractor for
the same operation and "job location'; and
b. If the other insurance is available, we vv it share with that other insurance by the method
described below.
If all of the other insurance permits contribution by equal shares, we will follow 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 first.
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 applicable limit of
insurance to the total applicable limits of insurance of all insurers.
7. Premium and Premium Audit,
a. We will compute all premiums for this Coverage Par; in accordance with our rules and rates.
b. Contract costs, the premium base shown in the Declarations, means the total 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.
a. Transfer Of Riahts Of Recovery Aoainst 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 Do 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 Conditions apply to Coverage A only:
1. Legal Action Aoainst Us.
No person or organization has a right under this policy:
a. To join us as a party or otherwise bring us into 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
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an
insured obtained after an actual trial; but we will not be liable for damages that are not payable under the
terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed by us, the insured and the claimant or the claimant's
legal representative.
2. Duties In The Event Of Occurrence. Claim Or Suit.
a. You must see to it that we are notified as soon as practicable of an occurrence which may result
in a claim. To the extent possible, notice should include:
(1) Now, when and where the occurrence took place: and
(2) The names and addresses of any injured persons and witnesses; and
(3; The nature 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:
(1) Immediately record the specifics of the claim 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 soon as practicable.
C. You and any other involved insured must:
(1) 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
j{I (4) Assist us, upon our request, in the enforcement of any right against any person cr
j 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 for first aid, without our consent.
3. Separation of Insureds,
Except with respect to the Limits of Insurance this insurance applies:
a. 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.
j The following Conditions apply to Coverage B only:
1. Appraisal.
j
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 (60) days after proof of loss is filed. 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 of the property and the amount of loss.
j If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two
j will be binding. Each party will:
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d
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a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal and umpire equally.
If we submit to an appraisal, we still retain our right to deny the claim.
2. No Banefrt to Bailee.
No person or organization, other than you, having custody of the property will benefit from this
insurance.
3. Insured's Dqties In The Evont of A Loss,
You must:
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 shalt not be recoverable under this policy. Reasonable
expenses incurred in affording such protection shall be deemed to be incurred at our request;
b. Submit to us, as soon after the loss as possible, your sworn proof of loss containing the
information we requested to set;le the loss and, at our request, make available the damaged
property for examination.
4. Lecal 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 ycu.
"Covered contract" means any contract or agreement to cam/ 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
"work' 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
contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbeds, catenaries,
signals, bridges or buildings.
"Property damage" means:
a. Physical injury to tangible ro er, , including all resulting loss of use of that roe f
Y 1 rY 9 P P Y 9 9 property.rty. AEI such loss o
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. Ail such loss of use shall be deemed to
occur at the time of the occurrence that caused it.
"Suit" means a civil roceedin which damages because of "bodily p g �in g y injury' or 'property damage" to which
this insurance applies are alleged. 'Suit' includes:
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a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit
with our consent; or
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b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you
submit with our consent. �
8. "Work" means work or operations performed by the 'Contractor' including materials, parts or equipment
furnished in connection with the work or operations.
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9. "Your designated employee' means:
a. Any supervisory employee of yours at the 'job location';
b. Any employee of yours while operating, attac^ed to or engaged cn work trains or other railroad
equipment at the "job location" which are assigned exclusively to the "Contractor'; or
C. Any employee of yours not described in a. 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 Indemnity Company has caused this policy to be signed
by its president and a secretary at and countersigned on the Declarations page by a duly
authorized agent of the Company.
(FACSIMILE OF SIGNATURE) (FACSIMILE OF SIGNATURE)
Secretary President
THIS ENDORSEMENT CHANGES THE POLICY.
PLEASE READ IT CAREFULLY.
NOTICE OF CHANGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
The Change Condition is replaced by the follovvin^y:
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 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, 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 feast 60 days before the effective date of change.
THER TMMS
I other terms of your policy remain the same.
me of Insured: Policy Number: Effective Date:
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Processing
te: Expiration Date:
Counter Signature:
THIS ENDORSEMENT CHANGES THE POLICY.
PLEASE READ IT CAREFULLY.
POLLUTION EXCLUSION AMENDMENT
This endorsement modifies insurance provided under the following:
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
Paragraph 3.(a) of Exclusion f. of COVERAGE A (Section 1) is replaced by the following:
(a) If the pollutants, other than fuels or lubricants for equipment
used at the 'job location' are brought on or to the 'job
location' in connection with such operations; or
ITHER TERMS
.II other terms of your policy remain the same.
ame of Insured: Policy Number: Effective Date:
-�c BUR( INGTON NORTHERN AND SANTA Fc RAILWAY COMPANY Processing Date:
Exoirotion Date:
Counter Signature:
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E
THIS ENDORSEMENT CHANGES THE POLICY.
PLEASE READ IT CAREFULLY.
LIMITED SEEPAGE, POLLUTION AND
CONTAMINATION COVE AGE ENDORSEMENT
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!n consideration of the premium charged it is understood and agreed that Exclusion I. of this Policy shall not apply to
the liability of the insured, resulting from seepage and or pollution and or contamination caused solely by:
l) a unintended fire, lightning or explosion; or
%) a collision or overturning of a road vehicle; or
:1 a collision or overturning or derailment of a train.
iorwithstan,ding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to:
loss of, damage to or loss of use 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 par, for the handling, processing, treatment, storage,
disposal, or dumping of any waste materials or substance;
the cost of evaluating andlor monitoring and/or controlling seeping and/or polluting and/or
contaminating substances;
the cast of removing and/or nullifying and/or cleaning up seeping ard,cr polluting and/or
contaminating substances on property at any time owned and/or leased and/or rented by the
insured and/or under the control of the insured.
tHER TERMS
other terms of your policy remain the same.
me of Insured: Policy Number:
Effective Date:
;BURLINGTON NORTHc9N AND SANTA Fc RAILWAY COMPANY Processing
te: Expiration Date:
Counter Signature:
1 4
F
Railroad Fiie:
f
CERTIFICATE OF INSURANCE
E
x
This is to certify to: i
"s
(1) Manager Public Projects
HE BURLINGTON NORTHERN AVO SANTA FE RAILWAY COMPANY i
740 East Carnegie Orive
San Bernardino, CA 9408-3571 I
(2) and to the following Railroad Company(s)
i
that such insurance as is afforded by the policy or policies described below for bodily injury liability and property
damage liability is in full force and effect as of the date of this certificate and covers the following contractor as a
named insured with respect to liability for damages arising out of operations performed by or for the named insured
'n connection with the contract or work described below.
1. Named Irsura,+ and A roan-
"his is to certify that policies of insurance listed below have been issued to the insured named above and are in
orce at this time. Notwithstanding any requirement, term cr condition of any contract or other document with
aspect to which this certificate may be issued or may pertain, the insurance afforded by the policies described
erein is subject to all the terms, exclusions and conditions of such policies.
022C..-iction of WOrr
Contract No.
Policy Limits of Liability
::Coveraces Expiration Date Each Occurrence Aggregate
Contractor's
Bodily Injury Liability
and Property Damage
Liability
Jmbrella or Excess
_lability
All of the coverages include coverage for the completed operations hazard and X, C and U exposures.
1 :
E
EXHIBIT "D"
Train Service Commitments*
Any delay to a freight or passenger train that affects the ENSF's ability to fully utilize their equipment
and to meet customer service and contract obligations. (Agency) .r- Y OF SAN�ESU�o.2Q>�
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 (Agency) C l TY
, its contractors er subcontractors, or by the BNSF working for
the (Agency) C l-r�( ENSF agrees that it will not
perform any act to unnecessarily cause train delay.
For loss of use, (AgencyJ C l z Y will be billed per freight train
hour at an average rate of $385.33 per hour per train as determined from ENSF's records. Any
disruption to train trafrc 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, intermcdal,
coal and freight trains operate under incentive/penalty contracts between ENSF and its customer.
Under these arrangements, if ENSF does not meet its contract service commitment, BNSF may
suffer loss of performance or incentive pay or be subject to a penalty payment. The jAgency)
C %-rY shall be responsible for any train performance
and incentive penalties or other contractual economic losses actually incurred by BNSF which are
11 attrbutable" to a train delay caused by (Agency) C lTY
its contractors and subcontractors as defined below.
As example, a train art ives 30 minutes after its contract service commitments and ENSF is assessed
damages per terms of the contract. The jAgencyJ C l T
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 ENSF.
As example, a train arrives 30 minutes after its contract service commitments and BNSF is assessed
damages per terms of the contract. The (Agency) G , -r-t
its contractors and subcontractors, caused a 3 1 minute delay to the train and therefore are 100%
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 SNSF's confidentiality obligations. Damages for
train delays for certain trains could be a high as S50,000 per incident. The (Agency)
G I -r--( , its contractors and subcontractors shall plan, schedule,
coordinate and conduct all of their work so as to not cause any delays to any trains.
ex !1-W July 1.199'
4,M1I
Name of Insurance Company by Coverage
Coveraces COmQar+,/ Policy Number
Pnrfily Iriuri Liabiliry
P-ocerry Damace Lability —
Umb►rolla or FYnPss Liabiliry
4. The policy or policies described above will not be amended, altered, modified or cancelled until thirty (3C)
days after written notice thereof has been given by registered mail to the (1) Agency
, and (2) the Railroad(s) named as certificate holder in this certificate.
Certificate Oate:
For
Insurance Company
By
Authorized Agent or Representative
uh c2.wpd
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