HomeMy WebLinkAbout22- Public Works CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
File No. 1 . 845
ROGER G. IiARDGRAVE Subject: Authorization to Execute Agree--
From: ment with Burlington Northern &
Public Works Santa Fe Railway Co. --- Construc-
Dept: � tion of New Railroad Grade
Crossing 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 serviced.
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. Bopf, iVDA
F . Wilson
J. Penman
ignature
Contact person: Roger G. Hardgr_ave Phone: 5025
Staff Report,
Supporting data attached: Agreement & Resolution Ward: 3
FUNDING REQUIREMENTS: Amount: $114 , 346 _
Source: (Acct No ) 242-362-5504-1996
Acct. Description) Extension of Orange Show Pd. -
Arrowhead Avenue to Tippecanoe Avenue Finance:
Council Notes:
Res 97-
ia s _
75-0262 Agenda Item No. P
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.
The Ennis Street grade crossing is adjacent to Orange Show Road,
and was planned to be closed as a part of the extension of Orange
Show Road. Approval was previously given to close the Main
Street and Broadway Street grade crossings, in connection with
the extension of "F" Street by the Central City South Project.
The Main Street and Broadway Street grade crossings are north of
Second Street and west of "I" Street.
SANBAG contracts with the Burlington Northern and Santa Fe (BNSF)
Railway Company for maintenance and operation of this railway.
BNSF is requiring that the 96 pound rails through the new grade
crossing be replaced with 136 pound rails, in order to accommo-
date any future mass transit use. Concrete crossing panels will
also be installed. An agreement will be needed to set forth in
writing the duties and responsibilities of both BNSF and the
City.
The proposed Agreement has been prepared by BNSF and provides, in
general , that the track work will be done by railway forces at a
cost of $114 , 346 . 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 (88%) 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
(RR Xing Signal Installation)
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 in and through the City of San Bernardino, County of San Bernardino,
California. City desires to construct a new railroad at-grade crossing with automatic warning devices at
Orange Show Road (Public Utilities Commission Crossing No. 2U-2.85).
The term 'Project', as used in this agreement, shall include all work of every kind and character
necessary to accomplish the installation of a railroad crossing signal sytem at the crossing, including
without limitation, the placement of four(4) No. 9 flashing light with gate signals, the installation of
related circuitry and appurtenances, as shown on print dated October 7, 1997, attached hereto as Exhibit
'A'and by this reference made a part hereof.
BNSFand City desire to express, in writing, their understanding and agreement pursuant to which the
Project is to be constructed and maintained.
AGREEMENT:
1. BNSF, at City's expense, agrees 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
cost thereof being as shown in Exhibit'B' attached hereto and by reference made a part hereof.
Construction of the Project will require work by BNSFas follows:
(a) Engineering, design, and construction management, as required;
(b) Trenching, backfilling and placing of PVC Schedule 80 conduit, as required to permit
installation of cabling in conduits at street crossing;
(c) Construction of foundations and piers as required for signal equipment installation;
(d) Installation of solid AAR signal cable and terminations as required;
(e) Installation of junction boxes, bootlegs, flex connections, grounding, and rail bonding
as required;
(f) Installation of a new 6 X 6 bungalow in the southwest quadrant of the crossing;
1
(g) Installation of a new 4-11 case in the northeast quadrant of the crossing;.
(h) Installation of four(4) CPUC No. 9 flashing light with gate signals;
n Temporary bonding of new and old insulated joints as required to facilitate cut overs;and
0) Testing and cut over as required to place the system in service.
2. BNSFwill do all work specified in paragraph 1 above with its own employees working under
Railroad Labor Agreements or by contractor(s), if necessary, on a fixed cost basis.
3. The work to be performed by BNSFhereunder shall be performed as soon as practicable,
considering availability of materials and manpower. In consideration thereof, City agrees to pay
to BNSF the sum of TWO HUNDRED FORTY-FOUR THOUSAND TWO HUNDRED AND FIFTY
DOLLARS ($244,250.00) as shown on Exhibit'B'.
4. Upon execution and return of this agreement, City shall deliver to BNSF the sum of ONE
HUNDRED NINETY-FIVE THOUSAND FOUR HUNDRED DOLLARS ($195,400.00),
representing eighty percent(80%) of the fixed cost for the work to be performed by BNSF as
shown on Exhibit'B'. The remaining balance of FORTY-EIGHT THOUSAND EIGHT
HUNDRED AND FIFTY DOLLARS ($48,850.00)shall be paid by City to BNSFpromptly upon
request and completion of the Project.
5. Once installed, BNSF will maintain the crossing automatic warning devices and
appurtenances at its expense.
6. All work covered by this agreement shall conform to the requirements of the California Public
Utilities Commission.
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 Mavor
Approved as to form
and legal content:
James F. Penman
City Attorney
By 2
OCT 08 '97 11:24 FR RTSF-SB-ENGR SERVICES 909 3664479 TO 812136244840 P.09
LU
� M1
C G #
W r ` _
IL
O
4J o
g acr
rz Ix
v
� n.= a rW.. O in
go
r N w x W z N N
po ..
A' 0 N Q
80 6
:!op � -)Z, in
U
- T
l"1P �n x
Eno xa
u �
Q Ua a ti
U N
a us
! x W N W
�0 V
. N s
\
Inct7 \\� d Q
\ Z m
Z in \\ Q Q =
3t ]c m N Z
a
C4 — m 1
= H u i ci'\ iD /
OW gIL W v m
N W= \
f \
Z n
�Qy � O.
m [ \\ 1
Z
U:\\ M N
f ' � P L
W' `\
Z
N \\ W
\ Q
i _ J
i w
U
N LL.
Z U
Q
Z J a-
O
W
O cr iL'1
Q r
W PA w�
Q �!► W N
J
N �-
_ _ 1 ex-026-0SE bn :)j2PTU SSkM WOW TO .:Sb� TO Wnr a-e
OCT 08 '97 11=24 FR ATSF-SB-E1GR SERVICES 909 3864479 TO 812136244840 P.10
flub 100 'vi t7t7.ismri r*i= r-LLV 1 PK.V, Lr+ -
EAHIBl�
B
11151 PALMER AVENUE
Ay SOU-rH GATE,CA 90280
CA UC s 597369 TEL: (562) 904-3601 FAX: (562) 923-2661
August 1. 1997
HRC-0359
Burlington Northern Santa Fe Railway Co.
740 E. Carnegie drive
San Bernardino, CA 92408-3571
Attn: Rudy San Miguel
3
Subi:Orange Show Road hnpmvements
y PUC Crossing No.2U-2.85
San Bernardino, CA
Revised Lump Sum Signal Improvement Proposal
Gentlemen:
In response to your telephone inquiry,and further to our letter of quotation dated May 30, 1995
for signal improvements at Orange Show Road, in the City of San Bernardino, California,we are
pleased to provide a revised lump sum quotation for the railroad signal system upgrade as
outlined.
Our revised lump sum proposal for this work is$244,250.00
This quotation is revised to reflect cost increases in the original signal equipment to be
incorporated in the project AN other provisions of our original letter HRC-0200 remains
unchanged, and remains firm for a period of sixty(60)calendar days from above date. After 60
days this quotation is subject to change without prior notice.
We hope you find this proposal acceptable and look forward to a mutually satisfactory project.
Should you have any questions or need additional information give me a call at(562) 9043601.
Very truly yours
MA L IC CO ]ON COMPANY
Ri rd Case
Western Regional Manager,
HRCIab
cc: Pacific Railway Enterprises
Jim Hirsch
AUG 05 197 09 19 Pk E.02
OCT 06 197 1125 FR ATSF-SB"ENGR SERVICES 909 3854479 TO 812136244840 P.11
Alk ARk 11151 PALMER AVENUE "--
SOUTH GATE.CA 90280
CA uC s 597389 TEL (310) 904-3601 • FAX: (310) 923-2661
May 30, 1995
ERC-0200
Atchison,Topeka and Santa Fe Railway Co.
740 E. Carnegie drive
San Bernardino, CA 92408-3571
Attn: Rudy San Niguel
(
j Subj: Orange Show Road Xmprovements
PUC Crossing No. 2U-2.85
San Bernardino, CA
Lump Sum Signal Improvement Proposal
Gentlemen:
In response to your letter 05025067 dated April 12, 1995 requesting
a proposal for signal improvements at Orange Show Road, in the City
of San Bernardino, California, we are pleased to provide a lump sum
quotation for the railroad signal system upgrade as outlined.
Our lump sum proposal for this work is $223,250.00
This quotation is to provide a complete operating upgraded grade
crossing signal system including all design, engineering,
construction management, labor, supervision, tools, equipment,
materials, and freight in accordance with the scope as detailed in
your referenced letter and shown on the street improvement master
plan excerpts included, along with:
Pacific Railway 2U-2.85 Orange Show Road dated 4-27-95
In completing this installation, in addition to the crossing
equipment indicated on the original sketches, we anticipate
installing a new 6X6 bungalow in the NorthEast quadrant of the
crossing, along with a new 4111 case in the SouthWest quadrant.
As part of this project the City of San Bernardino or other
appropriate agencies will be required to perform necessary street
widening and center island construction in conjunction with this
project. We will make every effort to coordinate our installation
with these improvements.
JUN 01 '95 14:19 310 923 2661 PAGE.10
OCT 08 '97 11:25 FR ATSF-SB-ENGR SERVICES 909 3864479 TO 812136244840 P.22
- .wi V1 7V wi,-worn rw<= GLLi irut. Ln nt,-7C-G-oovi
AM
- 2 -
Atchison,Topeka and a Railway Co. Hass Electric Co.
PUC Crossing No. 2 -6.3 May 30, 1995
Orange Show Road Improvements HRC-0200
San Bernardino, CA
specifically, the following items are included in the quoted work
and covers_
I. Orange Show Road Grade Crossing complete including:
1 New signal bungalow with necessary equipment to
perform all indicated functions
1 4111 signal case with necessary equipment to
perform all indicated functions
2 Model 10 gate assembly w/arm & i way lights
2 Model to gate assembly w/arm & 2 way lights
1 100 Amp AC power service.
II. General Inclusions:
A. All necessary engineering, design, and construction
management required per ATSF standards.
B. All necessary overtime as required.
C_ Trench, backfill, Asphalt cold patching, and PVC
Schedule 80 conduit, as required to permit
installation of cabling in conduits at street
crossing.
D. Foundations, and piers as required for signal
equipment installation.
E. Solid AAR signal cable, and terminations as
required_
F. Junction boxes, bootlegs, flex connections,
grounding, and rail bonding as required.
G_ 100 Amp AC power services from meter base to
equipment.
H. Removal of existing signal equipment as required.
I. Temporary bonding of new and old insulated joints
as required to facilitate cutovers.
J. Testing and cutover as required to place new system
in service.
III. General Exclusions:
A. All trackwork, including insulated joints_
B. Tamping of ballast after MEC installation work.
C. Cribbing and/or berms if required for signal
equipment and houses.
D. utility company installation charges, connection
fees, or energy use charges.
w.. ,f• ter . �..... --- --- ---- ---- --
OCT 08 '97 1126 FR ATSF-SB-ENGR SERVICES 909 3864479 TO 812136244840 P.13
- 3 -
Atchison,Topeka and Santa Fe Railway CO. Mass Electric Co. 111711
` PUC Crossing No. 2U-2.85 May 30, 1995
Orange Show Road Improvements ERC-0200
t San Bernardino, CA
r
E. Sidewalks, curbs, gutters, and roadway cutting,
removal, or replacement, except at conduit
crossing.
F. Painting - Bxcept for railroad signal equipment.
G. Clearing and grubbing.
H. Temporary and/or permanent striping or marking.
In accordance with our recent discussions, we have excluded the
furnishing of Railroad Protective Insurance. Additionally, since
the railroads are exempt from California sales tax, we have not
included sales tax in the cost of materials to be incorporated in
this work. We will require that a valid sales tax exemption
certificate number be provided by ATSF.
This quotation is firm for a period of sixty (60) calendar days
from above date. After 60 days this quotation is subject to change
without prior notice.
We hope you find this proposal acceptable and look forward to a
mutually satisfactory project. Should you have any questions or
need additional information give me a call at (310) 904-3601.
Very truly yours
MASS ELECTRIC CONSTRUCTION COMPANY
H. Richard Case
Western Regional Manager
HRC/wb
cc: Pacific Railway Enterprises
Jim Hirsch
JUN 01 '95 14:20 310 923 2561 PAM-12
** TOTAL PAGE.13
ALL Agencies
(Rev. 06/13/97 )
Railroad Fite: SpZ1;-06,"7
Agency Project:C.Ottie,T UCTin1.1 nF NF- ATCTO•AnF
OF dLlAw� QO..Q of-Ti4f_
f?_Q nlU_1S IhICMSESZIAI- SPUR AT MILE Po--T 7 099'
EXH131T "C"
SECTION 1.01 RAILROAD RELATIONS AND INSURANCE
-1.01 General.--The Contractor shall cooperate with THE BURLINGTCN NCRTHERN ANO SANTA FE RAILWAY
COMPANY, hereinafter referred to as "Railroad" where work is over, under or adjacent to its tracks during the
construction of the ooklrc Ctl 12oor-1
and to avoid interference with the operation of railroad
equipment.
The Contractor must understand the Contractor's right to enter Railroad's property is subject to the
absolute right of Railroad to cause the Contractor's work on Railroad's property to cease if, in the opinion
of Railroad, Contractor's activities create a hazard to Railroad's property, employees, and/or operations.
The Contractor shall notify the (Aaencv r,,-mpF<-",P,,izN RXyb o and Railroad's Roadnaster,
Dnvlo you aLt?S telephone
number :3 4c7 e-1 at least thirty (30) working days before commencing any work
on, or near property or tracks of Railroad. Contractor, in his notification to Railroad, shall refer to
Railroad's file number C__13 e:>e_-7
Five sets of working drawings showing details of construction affecting railroad tracks and property,
ircluding those for falsework or shoring of excavations near tracks and the proposed method of removal of
falsework, shoring or cribbing, not included in the contract plans and two sets of calculations of any
falsework, shoring or cribbing to be located over, under or adjacent to Railroad's tracks shall be furnished
by the Contractor to the Railroad Review by the (Agency) providing funding for proposed project must be
completed before computations are submitted to Railway for review. At least 30 days should be allowed in
project schedule for Railway's structural review. Additional time may be required for complex projects or if
design assumptions and calculations are unclear or incomplete. 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
located. Assumptions used in design and/or analysis must be stated. if not included in the working drawings,
a dimensioned sketch showing the location of tracks relative to the structure to be reviewed and the direction
and point of application of all loads, except live toad on track, must be provided. Copies of appropriate
portions of design manuals, other than the AISC Steel Construction Manual and American Railway Engineering
Association Manual for Railway Engineering, must be furnished whenever calculations make reference to such
manuals. Material from the American Railway Engineering Association Manual for Railway Engineering need not
be included but must be identified by chapter and section number. All formulas and/or equations used in
ccaputations must be shown. All symbols used must be defined and units shown. Rows and columns in tables must
be labeled. if design is not covered by Chapter 7, 8, 9, 15, 19 or 29 of the American Railway Engineering
Association Manual for Railway Engineering, detailed documentation of design must be furnished. When values
from tables, other than tables of commonly used mathematical functions or tables published in the American
Railway Engineering Association Manual for Railway Engineering, are used, copies of the portions of the tables
containing the values used must be included. If a computer program is used in the design or analysis, it must
be identified and all items of input and output must be labeled and have units shorn. Relationship between
program design and A.R.E.A. requirements must be noted and appropriate allowances made, and identified, where
A.R.E.A. requirements differ from program design. In some cases, additional information regarding the program
may be requested. Sufficient information to allow structural analysis must be furnished for all shoring,
retaining walls and buried or partially buried installations if any portion of the instaltation or the
excavation for its construction falls between the planes sloping away from a track on 1: 1 slopes and
intersecting the plane of the top of rail at a distance of seven (7) feet on each side of the center line of
the track. Shoring is not required for excavation on a 1-1/2 horizontal to 1 vertical slope starting eleven
(11) feet from the center line of the nearest track. Plans must have all dimensions shown in feet and inches.
They may be dual dimensioned in metric units and feet-inch units. If available, reduced size (approximately
11 in. x 17 in.) plans should be furnished for review in preference to full size plans. The information
requested in this section does not cover design requirements, only the information that must be furnished to
allow a reasonably efficient review of proposed designs. Permission to proceed with construction does not imply
any review of constructability or of any feature of the proposed work other than its potential effect on
railroad operations. The Contractor shall not begin such work until notified by the Railroad that such plans
1
have been approved. The Contractor shall be required 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 the Contractor such that the work may be handled and
performed in an efficient manner, subject to the Federal Railroad Administration's (FRA) Safety Rules for
Roadway Worker Protection, 49 CFR 214._The Contractor shall have no claim whatsoever for any type of damages
or for extra or additional compensation 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 11C-111), in the form attached hereto,
obligating the Contractor to provide and keep and maintain in full force and effect the insurance called for
under "insurance" of these special provisions. Additionally, no employee of the Cortractor, its Subcontractors
agents or invitees shall enter BNSF property without first having attended a Training Seminar and can
demonstrate a clear understanding 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 Requirements.--The Contractor shall cooperate with Railroad where work is over or under
the 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 instructions 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, signals and other property of Railroad, its tenants
or licensees, at and in the vicinity of the work area during the period of construction.
The Contractor shall perform his work in such manner and at such times as shall not endanger, delay or
interfere with the safe and timely operation of the tracks and property 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.
The Contractor shall take protective measures as are necessary to keep railroad facilities, including
track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations.
Any damage to railroad facilities resulting from Contractor's operations will be repaired or replaced by
Railroad at its option and the cost of such repairs or replacement shall be deducted from the Contractor's
progress and final pay estimates.
The Contractor shall not pile or store any materials, nor park or use his equipment closer than 251-0"
to the center of the nearest Railroad track, unless directed by Railroad's representative.
The Contractor shall also abide by the following clearances during the course of construction:
15'-0" Horizontally from centerline of track (including temporary falsework)
22'-6" Vertically above top of rail
21'-6" Vertically above top of rail (Temporary Falsework Clearance - Subject to
Public Utilities Commission approval)
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
28'-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
34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
Any infringement on the above clearances or walkways due to the Contractor's operations shall be
submitted to the Railroad and to the (Agency) G t TY and shalt not be undertaken until approved in
writing by the Railroad, and until the (Agency) C iTK has obtained any necessary authorization from
the State Regulatory Agency for the infringement. No extra compensation will be allowed in the event the
Contractor's work is delayed pending Railroad approval, and/or the State Regulatory Agency's approval.
In the case of impaired vertical clearance above top of rail, Railroad shall have the option of-
installing telltales or other protective devices Railroad deems necessary for protection of Railroad trairmen
or rail traffic.
2
The details of construction 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-r.4 for approval before such work
is undertaken and such work shall not be undertaken until the Railroad has given such approval.
Contractor shall not move his equipment or materials across Railroad's tracks until he has obtained
permission from Railroad and, 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 at the expense of the Contractor.
The Contractor shall, upon completion of the work covered by this contract to be performed by the
Contractor upon the premises or over or beneath the tracks of Railroad, promptly remove from the premises of
Railroad all of Contractor's toots, implements and other materials, whether brought upon said premises by said
Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and shall cause said
premises to be left in a clean and presentable condition.
-1.04 Protection of Railroad Facilities:-
(1) Upon advance notification of not less than thirty (30) working days by Contractor, Railroad
representatives, inspectors, flagmen or watchmen will be provided by Railroad to protect its
facilities, property and movements of its trains or engines. 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) feet or
operated so close to Railroad property that may affect the Railroad or Railroad's property,
or when any erection or construction activities are in progress within such limits, regardless
of elevation above or below track.
(b) For any 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 the opinion of Railroad's representative, may endanger railroad facilities or operations.
(2) Railroad will furnish such personnel or other protective services when, in the opinion of Railroad's
representative, railroad facilities, including, but not limited to, tracks, buildings, signals, wire
lines, or pipelines may be endangered.
(3) (a) The cost of flagging provided by Railroad during the period of construction that portion of
the project located on or near Railroad property, as deemed necessary for the protection of
Railroad's facilities and trains, will be borne by the Agency) C t Ty for a period
of consecutive calendar days beginning on the date work commences on or near property
of Railroad. The Contractor shall pay to the (Agency) C t Z V liquidated damages
in the sum of S per day for each day in excess of the above consecutive
calendar days the Contractor works on or near Railroad property, and which requires flagging
protection of Railroad's facilities and trains.
(b) The cost of all Railroad personnel (other than that required for inspection and flagging),
equipment, and facilities deemed necessary by the Railroad and provided by the Railroad for
the protection of railroad facilities and trains during the period of construction within
Railroad right of way, and the cost of installing protective devices in the case of impaired
clearance, shall be borne by the Contractor. The Contractor 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.
(4) Railroad will submit its final bills to Contractor for cost incurred pursuant to Paragraph 3(b).
-1.05 Work by Railroad Company.--Railroad will rearrange its tracks, telephone, telegraph, signal lines
and appurtenances, and will perform any other work in connection therewith, except grading to be done by others.
1.06 Contractor General Safety Requirements. Safety is of the utmost importance in performing any work
on the Railroad's property. The Railroad does not in any manner assume the control or responsibility of the
Contractor to provide safe working conditions for the Contractor's employees or Subcontractors in requiring the
Contractor to follow the Railroad's General Safety Requirements. The Contractor is responsible for compliance
with Federal and State laws and any government regulations, 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 Invitees are governed by the following Safety Rules and General Safety Requirements while
on Railroad property. The Contractor is responsible for enforcement of these Safety Rules and Requirements.
The 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 complete job safety briefing will be conducted with alt individuals involved with
the task, and again if the task changes. If the task is within 25 feet of any track, the job briefing must
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 employees with safety issues that exist when working in a
railroad environment. This should be reviewed at least weekly, and with any new employees) coming on the job.
It is the responsibility of the Contractor's supervision and/or their Safety Officer to instruct their employees
with the Railroad and FRA Roadway Worker Protection Safety guidelines and to require their compliance.
Safety rules cannot 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
employees subject to duty or their possession or use while on duty or on Railroad property is
prohibited. workers must not report for duty under the influence of any alcoholic beverage,
intoxicant, narcotic, marijuana or other controlled substance, or medication, including those
prescribed by a doctor, that may in any way adversely affect their alertness, coordination, reaction,
response or safety.
(2) Scuffling, horseplay, practical jokes and all conduct of a similar nature is prohibited.
(3) Any damage to Railroad property will be reported immediately to the 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 possible to the Railroad
representative in charge of the project or the Railroad's System or Network Operations Center.
Emergency numbers 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 weapons, including knives with a blade
in excess of three inches, in their possession while working on Railroad property, except those
authorized to have them in the performance of their duties or those given special permission.
(5) Good housekeeping is of the utmost importance in the prevention of accidents, injuries and fires.
Clean-up will be conducted on a daily basis.
(6) Tools or work materials must not be left in close proximity to tracks.
(7) Throwing waste, garbage, bottles, refuse, or other such materials on Railroad property or disposing of
such at other than designated locations is prohibited. Each Contractor will provide refuse containers
at the work site and empty them on a daily basis.
(8) Objects which constitute a slipping or tripping hazard must not 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, established route of travel in and about the property must be used.
(11) Railroad vehicles have an unquestioned right-of-way in all circumstances relating to 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 while on duty.
(13) All Contractor employees working on the Railroad's property will be required to wear OSHA approved
safety glasses with side shields, hard hats, with a high visibility orange cover, and above-the-ankle,
Lace-up, safety boots with a defined heel. High visibility retro-reflective orange vests are required
in certain locations as specified by the Railroad's representative in charge of the project. During
inclement 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
Federal regulations. Office employees restricted to office work will 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 standing on rails or ties, or sitting on any part of track structure except in
performance of duty is prohibited. NOTE: The term "track structure" means the space between the Fails
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 occu py rail cars except in performance of
their duty.
(18) Workers must not cross tracks by crossing over or between cars that are coupled together.
(19) Workers must not attempt to catch onto or ride any moving railroad equipment, even though it may be
moving slowly.
(20) Workers must not take refuge from rain, heat, etc., under or in cars or other rail equipment.
(21) Workers are warned that trains, locomotives 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 approaching trains, especially when working in multiple track
territory, when field of vision is limited, or when noisy equipment is in use. A portable air horn may
be used by a designated person to warn workers of approaching trains or equipment. Under certain
conditions, trains and equipment can approach 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 flag/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) Who the Railroad flagman is, and how to contact him. (2)
Limits of the flag/work protection. (3) The method of communication to stop and resume work. (4)
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 stopped in the clear to
acknowledge approaching and passing trains, and Contractor's employees shall move as far away from the
track as practical, until the ENTIRE train has passed. This assures the train engineer that the train
has been seen, and it is safe to proceed. Failure to comply could result in the train engineer placing
the train into emergency which could result in damage to the train and delay Railroad's traffic. After
notification by Railroad's flagman that no other trains are within the working limits, work may then
resume. Workers must NEVER stand with their back to a moving train. Metal banding and other
components may break or a portion of the lading could shift extending outward several feet beyond the
rail car during shipment.
(24) Work in tunnels, on bridges and overpasses must be done in accordance with a safety plan agreed upon
by the Railroad prior to beginning work in these areas.
(25) Do not wave arms or objects violently except in an emergency; this is a STOP signal.
(26) Workers must not make any movement toward an approaching train or operate machinery in a manner that
would cause the engineer to believe that the track is going to be fouled.
(27) Crossing tracks immediately in front of moving railroad equipment is prohibited.
(28) When necessary to cross any track, look both ways and keep at least 25 feet from the nearest end of
stationary rail cars.
(29) Machines may be operated across tracks only at established grade crossings. If it is necessary to do
so at any other location, it may be done only with permission of and under the supervision of the
Railroad on site representative.
(30) Some rails are conductors of electrical current and are integral parts of the railroad's operating
system. Devices that could shunt this electrical current must not be laid across rails. No hand or
portable tools will be left on the rails at any time. Use a wooden lath to provide separation when
making measurements adjacent to the tracks.
(31) Machines or vehicles must not be left unattended with the engine running. If a machine is left
unattended, it must be in gear with brakes set. If it is equipped with blade, pan or bucket, that must
be lowered to the ground. All machinery and equipment left unattended on the right-of-way must be left
inoperable and secured against movement.
(32) Machinery or equipment shall not be stored or left temporarily near a highway grade crossing in such
a manner as to interfere with the sight distances of persons approaching that crossing. Prior to
beginning 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 fall on the track
structure or on communications or power lines is prohibited, unless done with the PP
rior approval and
P
supervision of the Railroad.
(34) No contaminates are to be discharged on Railroad property. Should it occur, it must be reported by the
quickest 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 signs must be kept in place and in good condition. It is the responsibility of
the Contractor to provide same.
(38) Each person in charge of a work party must be familiar with the Mile Post location of the area in which
work is being performed so that in cases of emergencies the exact location may be given to Railroad
personnel.
(39) When an emergency exists or if any hazard is noticed on passing trains, the Railroad representative on
site must be notified immediately.
(40) High frequency radios (not CB's) shall be used by atl crews for emergency communications between crews.
Radio transmitters must not be operated when located less than 250 feet from blasting operations.
(41) When it is necessary to create a hazardous condition in performing work on or in the vicinity of a
track, proper protection must 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 condition.
(42) Before excavating, it must be ascertained by the Contractor if there are any underground pipe
Lines, electric wires, or cables, including fiber optic cable systems that either cross or run
parallel with the track which are located within the Projects work area. Excavating on the right of
way could result in damage to buried cables resulting in delay to railroad traffic, including
disruption of service to users resulting in business interruptions involving loss of revenue and
profits. Before any excavation commences, the Contractor must contact the Railroad's signal and
track representative in charge of the area. All underground and overhead wires must be considered
HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is also
the Contractor's responsibility to notify any other companies that have underground utilities in the
area and arrange for the location of all underground utilities before excavating.
(43) The Contractor must cease all work and the Railroad must be notified immediately before continuing
excavation in the area if obstructions are encountered that do not appear on drawings. If the
obstruction is a utility, and the owner of the utility can be identified, then the owner should also
be notified immediately. If there is any doubt about the location of underground cables or lines of
any kind, no work will be performed until the exact location has been determined. There will be no
exceptions to these instructions.
(44) ALL excavations regardless of depth will be shored where there is any danger to track structure or
personnel.
(45) No excavation will be left uncovered or unprotected overnight. 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 working in the area are protected from all hazards. Any open pits or holes
shall be covered securely and a physical barrier such as a fence placed around the opening.
(46) Holes or trenches in the vicinity of the track must be covered, guarded and protected when not being
worked on.
(47) Excavations, trenches or pits on or adjacent to public roads will be physically protected and denoted
by highway barriers with flashing lights when not in use.
(48) All excavations will be back filled as soon as possible.
(49) All power line wires must be considered dangerous and of high voltage unless informed to the contrary
by proper authority. For lines rated 50KV or below, minimum clearance between the lines and any part
of the equipment or load shall be 10 feet. For lines rated over 5CKV, minimum clearance between the
line and any part of equipment or load shall be 10 feet plus 0.4 inches for each I KV over 50KV. If
the capacity of the line is not known, minimum clearance of 20 feet must be maintained. A person shall
be designated to observe clearance of the equipment and give a timely warning for all operations where
it is difficult for an operator to maintain the desired clearance by visual means.
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 work 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) Equipment and vehicles must operate at a safe speed, being aware of operating conditions as well as
other equipment and persons working in close proximity. Extreme caution must be exercised at all grade
crossings.
IN ALL CASES OF DOUBT OR UNCERTAINTY THE SAFEST COURSE MUST BE TAKEN.
1.06 Personal Injury Reporting
(1) The Railroad is required to report certain injuries as a part of compliance with Federal 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 phone mail if
unable to contact a person) to the Railroad's representative in charge of the project. The Injury
Report Form contained herein is to be completed 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.wpd
7
All Agencies
(Rev. 0325/97 )
Railroad File: n so Z SO 6Z
Agency Project: e-s to a d F
rlEw b<z-v,NG� Suo�s Roo D gY
THE C�Z`< OF Sa.N SiLGZNa0.0��.10
EXHIBIT"C-1"
Agreement Between
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
AND THE CONTRACTOR
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
740 E. Carnegie Drive
San Bernardino CA. 92408-3571
Attention: Manager Public Projects
Gentlemen:
The undersigned has entered into a contract dated 19_,with the (Agency)
for the performance of certain work in connection with the project
in the performance of which
work the undersigned will necessarily be required to conduct operations within THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY, hereinafter referred to as"Railroad", right of way and property. The Contract provides
that no work shag be commenced within your right of way or property until the Contractor employed in connection with said
work for (Agency) shall have executed and delivered to you a Letter Agreement, in the form hereof, and shall
have provided insurance of 1he coverage and limits specified in said Contract If this Letter Agreement is executed by other
than the Owner, General Partner, President or Vice President of undersigned firm, evidence is furnished to you herewith
certifying that the signatory is empowered to 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
undersigned to enter upon your right of way or property for the performance of so much of the work as is necessary to be
performed within your right of way or property,the undersigned, effective on the date of said Contract, has agreed and does
hereby agree with you as follows:
Section 1.The undersigned shall fully indemnify and hold harmless Railroad, its agents and employees against any and all
liabiTity,claims, demands,damages,or costs of whatever kind or nature including, but not limited to, 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 as fines or penalties imposed upon or assessed against Railroad,
and all expenses of investigating and defending against same (including but not limited to costs and attorneys' fees),
regardless of the negligence or alleged negligence of Railroad, its agents or employees, arising in any manner out of(1)the
use, occupancy or presence of the undersigned or its subcontractors, employees, or agents in, on, or about the construction
Me,(2)the performance, or failure to perform, by the undersigned, its subcontractors, employees, or agents, its work or any
obligation under this Agreement, or(3) any and all acts or omissions of the undersigned, its subcontractors, employees, or
agents in, on, or about the construction site. Nothing contained in this provision is intended to, nor shall be deemed or
construed to,indemnify Railroad from its sole negligence or willful misconduct, or that of its agents, servants or independent
contractors who are directly responsible to it
ection 2.That the undersigned will procure,and will maintain in force and effect, insurance meeting all of the requirements
outlined in the Special Provisions for and in said Contract, and there is provided to you herewith the following documents
meeting 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 BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, 740 E. Carnegie Drive .
San Bernardino CA 92408-3571 Attention: Manager Public Projects, and
(b) Certificate reflecting the existence of Contractor's Public Liability and Property 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 not in any way be limited to or affected by the amount of insurance obtained and carried by the undersigned
in connection with said Contract.
It is also distinctly understood that the Railroad file reference number and location information, as shown at the top of this
Agreement, must appear on any original insurance policies or certificates of insurance sent to Railroad by the undersigned.
Section 3.That the undersigned will obserie and comply with all the provisions, obligations and limitations to be observed
by Contractor which are contained in the subdivision of the specifications of said contract, entitled"RAILROAD RELATIONS
AND INSURANCE"(EXHIBIT"C"), and shall include, but not be limited to, payment of all costs incurred for any damages
to Railroad roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees,
representatives, 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
returning to the undersigned, a copy of this letter,which shall thereupon constitute an agreement between us.
Yours truly,
(Contractor)
By
(Title)
Receipt of the foregoing letter and of the policies
and certificates of insurance therein provided to be
furnished is hereby acknowledged this Address
_day of , 19_
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
City, State, Zip
By
Its
wM-q1.WPd
0
All Agencies
(Rev. 03125/97 )
EXHIBIT "C-2"
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 races , 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 _(Aaencvl C i-ry
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 including
coverage for X, C and U and completed operations hazards, the original policy of insurance and one certified copy
thereof required by 3 below. (Agency) C- t7y 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. (Agency) C Iiv 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
or cancelled insofar as the coverage contemplated hereunder is concerned, without at least thirty (30) days notice
mailed by registered mail to the (Agency) C %-Ty and to Railroad.
Full compensation for all premiums which the Contractor is required to pay on all the insurance described
hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the
contract, and no additional allowance will be made therefor or for additional premiums which may be required by
extensions 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,
carry regular Contractor's Public Liability and Property Damage Liability Insurance providing for the same limits as
specified for Railroad's Protective Public Liability and Property Damage Liability Insurance to be furnished for and on
behalf of Railroad as hereinafter provided.
The approximate daily train traffic ism_passenger trains (— max MPH), 'Z freight trains ( 10 max MPH),
andQ switch engines ( --- max MPH).
If any part of the work within or adjacent to Railroad's property is subcontracted, the Contractor in addition
to carrying the above insurance, shall provide the above insurance on behalf of the subcontractors to cover their
operations.
2. Contractor's Protective Public Liability and
Property Damage Liability Insurance
The Contractor shall, with respect to the operations performed for him by subcontractors who do work
within or adjacent to Railroad's property, carry in his own behalf regular Contractor's Protective Public Liability and
Property Damage Liability Insurance providing for the same limits as specified for Railroad's Protective Public Liability
'id 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. CGO0351093 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:
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
740 East Carnegie Drive
San Bernardino, California 92408-3571
Attn: Manager Public Projects
The second policy shall name as insured:
RAILROAD PROTECTIVE LIABILITY FORM
(Name of Insurance Company)
DECLARATIONS
Item 1. Named Insured:
Item 2. Policy Period: From to 12:01 a.m., Standard Time, at the designated job site as
stated herein.
Item 3. The insurance afforded is only with respect to such of the following coverages as are indicated in Item 6 by
specific premium charge or charges. The limit of the Company's liability against such coverage or coverages
shall be as stated herein, subject to all the terms of this policy having reference thereto.
Limits of Liability
COVERAGES EACH OCCURRENCE AGGREGATE
A Bodily Injury Liability $2,000,000 combined $6,000,000 for
single limit coverages A, B, and C
B Property Damage Liability
C Physical Damage to
Property
em 4. Name and Address of Contractor:
2
Item 5. Name and Address of Governmental Authority for whom the work by the Contractor is being performed: _
(Aaencv)
Item 6. Designation of the Job Site and Description of Work:
FOR CONSTRUCTION ON
Premium Rates per $100 of Cost Advance Premiums
Bases Coverace A Coveraces B&C CovPrace A Coverages B&C
i Contract
Cost $ $ S S
i
Rental
I Cost $ $ S $
------------------------------------------------------------------------------------
Countersigned 19_ By
Title
POLICY NUMBER:
(Name of Insurance Company)
A insurance company, herein called the Company, agrees with the insured named in the
Declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements
in the Declarations 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)
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words
'we", "us% and "our", refer to the Company providing this Insurance.
The word "Insured' means any person or organization qualifying as such under WHO IS AN INSURED (SECTION 11).
Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V).
SECTION I - COVERAGES
COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. Insuring Aareement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily
injury" or "property damage" to which this insurance applies. We will have the right and duty to defend
any 'suit" seeking those damages. We may at our discretion investigate any occurrence and settle any
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) Our 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 services 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
(2) The "bodily injury" or "property damage" arises out of acts or omissions at the "job location'
which are related to or are in connection with the "work" described in the Declarations.
C. Damages because of "bodily injury' include damages claimed by any person or organization for care, loss
of services or death resulting at any time from the 'bodily injury".
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 not apply to "bodily injury" resulting 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:
i
(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 "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 injury' 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, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or
reclaimed.
g. "Property damage' to property owned by you or leased or entrusted to you under a lease or trust
agreement.
COVERAGE B
PHYSICAL DAMAGE TO PROPERTY
1. 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 or
omissions at the 'job location' which are related to or in connection with the "work" described in the
Declarations. The property must be owned by or leased or entrusted to you under a lease or trust agreement.
2. Exclusions.
This insurance does not apply to 'physical damage to property".
a. Occurring after the 'work" is completed. The 'work" will be deemed completed at the earliest of the
following times:
(1) When all the "work' called for in the 'Contractor's" contract has been completed.
(2) When all the 'work' to be done at the "job location' has been completed.
(3) When that part of the "work" done at the "job location' has been put to its intended use by you,
the governmental authority or other contracting party.
This exclusion does not apply to "physical damage to property" resulting from the existence of tools,
uninstalled equipment and abandoned or unused materials.
b. The sole proximate 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. All 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.
4. 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.
5. Expenses incurred by the insured for first aid to others at the time of an accident, for "bodily injury' to which
this insurance applies.
6. All reasonable expenses, incurred by the insured at our request to assist us in the investigation or defense of
the claim or "suit", including actual loss of earnings up to $100 a day because of time off from work.
7. Prejudgment interest awarded against the insured on that part 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.
These payments will not reduce the limits of insurance.
SECTION 11 - WHO IS AN INSURED
1. You are an insured.
2. Your executive officers and directors are insureds, but only with respect to their duties as your officers and
directors.
3. Your stockholders are insureds but only with respect to their liability as stockholders.
4. Any railroad operating over your tracks is an insured.
SECTION III - LIMITS OF INSURANCE
1. 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".
2. 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".
3. 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.
i
The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of
less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy
period is extended after issuance 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 - CONDITIONS
A. The following Conditions apply to Coverages A and B:
1. Assignment.
Assignment of interest under this Coverage Part shall not bind us unless we issue an endorsement
consenting to the assignment.
2. Bankruptcy.
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 or delivering to us advance written notice of cancellation.
b. We may cancel this policy 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 cancellation at least 60 days
before the effective date of cancellation.
C. Notice of cancellation will state the effective date of cancellation. The policy will end on that
date.
d. If this policy is canceled, any unearned premium will be refunded. If we cancel, the refund will
be pro rata. If you cancel, the refund may be less than pro rata. The cancellation will be
effective even if we have not made or offered a refund.
e. If notice is mailed, proof of mailing will be sufficient proof of notice.
4. 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.
5. Inspections and Surveys.
We have the right but are not obligated to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find; and
C. Recommend changes.
Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be
charged. We do not make safety inspections. We do not undertake to perform the duty of any person or
organization to provide for the health or safety of workers or the public. And we do not warrant that
conditions:
7
a. Are safe or healthful; or
Ile— b. Comply with laws, regulations, codes, or standards.
i
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. Other 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 will 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 Part in accordance with our rules and rates.
b. Contract costs, the premium base shown in the Dec!arations, 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.
$• Transfer Of Rights Of Recovery Against 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.
B. The following Conditions apply to Coverage A only:
1• Legal Action Against 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.
8
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) How, 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
(4) Assist us, upon our request, in the enforcement of any right against any person or
organization which may be liable to the insured because of injury or damage to which this
insurance may also apply.
d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or
incur any expense, other than 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.
C. The following Conditions apply to Coverage B only:
1. Appraisal.
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.
If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two
will be binding. Each party will:
9
i
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 Benefit to Bailee.
No person or organization, other than you, having custody of the property will benefit from this
insurance.
3. Insured's Duties In The Event 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 shall 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 settle the loss and, at our request, make available the damaged
property for examination.
4. Legal 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
1. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from
any of these at any time.
2. "Contractor" means the contractor designated in the Declarations and includes all subcontractors working
directly or indirectly for that "Contractor" but does not include you.
3. "Covered contract" means any contract or agreement to carry a person or property for a charge or any
interchange contract or agreement respecting motive power, or rolling stock equipment.
4. "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.
5. "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.
6. "Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of
use shall be deemed to occur at the time of the physical injury that caused it; or
b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to
occur at the time of the occurrence that caused it.
"Suit" means a civil proceeding in which damages because of "bodily injury" or "property damage" to which
this insurance applies are alleged. 'Suit" includes:
10
a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit
with our consent; or
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.
9. "Your designated employee" means:
a. Any supervisory employee of yours at the "job location";
b. Any employee of yours while operating, attached to or engaged on work trains or other railroad
equipment at the 'job 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
%C2
QTHIS 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
A. The Change Condition is replaced by the following:
4. Changes
This policy contains all the agreements between you and us concerning the insurance afforded. You are
authorized to make changes in the terms of this 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 least 60 days before the effective date of change.
OTHER TERMS
All other terms of your policy remain the same.
Name of Insured: Policy Number: Effective Date:
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Processing
Date: 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
OTHER TERMS
All other terms of your policy remain the same.
Name of Insured: Policy Number: Effective Date:
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Processing Date
Expiration Date:
Counter Signature:
III
m
THIS ENDORSEMENT CHANGES THE POLICY.
PLEASE READ IT CAREFULLY.
LIMITED SEEPAGE, POLLUTION AND
CONTAMINATION COVERAGE ENDORSEMENT
In consideration of the premium charged it is understood and agreed that Exclusion f. of this Policy shall not apply to
the liability of the insured, resulting from seepage and or pollution and or contamination caused solely by:
a) a unintended fire, lightning or explosion; or
b) a collision or overturning of a road vehicle; or
c) a collision or overturning or derailment of a train.
Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to:
1. 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;
2. any site or location used in whole or in part for the handling, processing, treatment, storage,
disposal, or dumping of any waste materials or substance;
3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or
contaminating substances;
(74. the cost of removing and/or nullifying and/or cleaning up seeping and/or 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.
OTHER TERMS
All other terms of your policy remain the same.
Name of Insured: Policy Number:
Effective Date:
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Processina
Date: Expiration Date:
Counter Signature:
14
Railroad File:
1,
CERTIFICATE OF INSURANCE
This is to certify to:
(1) Manager Public Projects
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
740 East Carnegie Drive
San Bernardino, CA 92408-3571
(2) and to the following Railroad Company(s)
t
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
in connection with the contract or work described below.
1. Named Insured and Address:
This is to certify that policies of insurance listed below have been issued to the insured named above and are in
t force at this time. Notwithstanding any requirement, term or condition of any contract or other document with
respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described
herein is subject to all the terms, exclusions and conditions of such policies.
2. Description of Work
Contract No.
3.
Policy Limits of Liability
Covers es Expiration Date Each Occurrence Aggregate Contractor's
Bodily Injury Liability
and Property Damage
Liability
Umbrella or Excess
Liability
All of the coverages include coverage for the completed operations hazard and X, C and U exposures.
co
15
Name of Insurance Company by Coverage
Coverages Comoanv Policy Number
Bodily Iniur/ Liability
Prot)erty Damaae Liability
Umbrella or Excess Liability
4. The policy or policies described above will not be amended, altered, modified or cancelled until thirty (30)
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 Date:
For
Insurance Company
By
Authorized Agent or Representative
exh c2.wpd
16
EXHIBIT "D"
Train Service Commitments:
Any delay to a freight or passenger train that affects the BNSF's ability to fully utilize their equipment
and to meet customer service and contract obligations. jAgency) C►-rY OF SaNt�es�o,2D►�to
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 jAgency) G►-r"r
, its contractors or subcontractors, or by the BNSF working for
the (Agency) C ►-T,,r BNSF agrees that it will not
perform any act to unnecessarily cause train delay.
For loss of use, jAgency)r ► -TV will be billed per freight train
hour at an average rate of $385.33 per hour per train as determined from BNSF's records. Any
disruption to train traffic may cause delays to multiple trains at the same time for the same incident.
In addition to the above damages, passenger, U. S. mail trains and certain other grain, intermodal,
coal and freight trains operate under incentive/penalty contracts between BNSF and its customer.
Under these arrangements, if BNSF does not meet its contract service commitment, BNSF may
suffer loss of performance or incentive pay or be subject to a penalty payment. The (Agency)
C I-T'r shall be responsible for any train performance
and incentive penalties or other contractual economic losses actually incurred by BNSF which are
"attributable" to a train delay caused by (Agency) C I
its contractors and subcontractors as defined below.
As example, a train arrives 30 minutes after its contract service commitments and BNSF is assessed
damages per terms of the contract. The jAgency) C ► T•r ,
its contractors and subcontractors, caused a 29 minute delay to the train and therefore are not
responsible for any train performance and incentive penalties or other contractual economic losses
actually incurred by BNSF.
As example, a train arrives 30 minutes after its contract service commitments and BNSF is assessed
damages per terms of the contract. The (Agency) G ► -T-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 BNSF's confidentiality obligations. Damages for
train delays for certain trains could be a high as $50,000 per incident. The jAgency)
C ► -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.
.: a1 .l)e Judy 1,1997