HomeMy WebLinkAboutMINUTES - 09262000 - C1-C3 �� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �' 1
Recording Requested By: CONTRA COSTA Cc Recorder Office
Contra costa county Public works Dept.
Construction Division i
STEPHEN L, WEIR Clerk-Recorder
255 Glacier Drive DDC— 2000-0212878-00
Martinez, CA 94553 F, SEP 29, 2000 13:32:42
FRE $0.00
Return to: Ttl Pd $0.00 Nbr-000011$700
Ire/RS/1-1
WHEN RECORDED, RETURN TO CLERK
BOARD OF SUPERVISORS
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE
Notice of Completion of Contract for ) and NOTICE OF COMPLETION
Danville Boulevard at Hemme Avenue ) (C.C. § 3086, 3093)
Signal Modification )
Project No.0662-6U4188-99 ) RESOLUTION NO. 2000/ 459
The Board of Supervisors of Contra Costa County RESOLVES that:
The County of Contra Costa on October 13, 1999 contracted with Richard A. Heaps Electrical Contractor
Inc., for the modification of an existing traffic signal, with United Pacific Insurance Company as surety,
for work to be performed on the grounds of the County-, and
The Public Works Director reports that said work has been inspected and complies with the approved
plans, special provisions and standard specifications and recommends its acceptance as complete as
of June 30, 2000.
Therefore, said work is ACCEPTED as completed on said date, and the Clerk shall file with the County
Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract.
PASSED BY THE BOARD on September 26, 20100 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NNE
CERTIFICATION AND VERIFICATION
1 hereby certify that this is a true and correct copy of an
Contact: Mike Carlson (925)313-2321 action taken and entered on the minutes of the Board of
Orig. Dept.:Public Works (Const.) Supervisors on the date shown.
cc: Record and Return
Auditor
Public Works- Accounting ATTESTED: SEFrEMBER 26, 2000
- Construction, R. Bruno PHIL BATCHELOR, Clerk of the Board of Supervisors and
- Env., C.Sellgren County Administrator
- Traffic, S. Kersevan
Contractor
RB:kj By - '�-'' _._.. , Deputy
\\P W S4\S HAR DATA\Grp Da to\Const\BO\2000\09-September\25-accept-DB HA.doc
RESOLUTION NO. 20001/ 459
BOARD OF SUPERVISORS
FRC<M: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: E;a1,te ,-X12000
SUBJECT: Approve the Agreement with Burlington Northern and Santa Fe Railway Company for the
Seismic Retrofit of Del Monte Road Bridge Project in the Pinole area.
Project No.: 0662-6R4217; Funding: Federal and State Seismic Funds (88.5%) Local Road
Funds (11.5%).
Specific Request(s) or Recommendation(s) & Background & Justification
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Chairperson to execute the Agreement between Contra Costa
County, and the Burlington Northern and Santa Fe Railway (BNSF) for the Seismic Retrofit of the
Del Monte Road Bridge Project in the Pinole Area.
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON SEPTEMBER 26, 2000 APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
VOTE OF SUPERVISORS copy of an action taken and entered on the
X . UNANIMOUS{ABSENT None ) minutes of the Board of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN:
BF:sg
G:\GrpData\Design\Board Orders\BO 2000\BNSF Bridge Agrmt.doc ATTESTED: SEPTEMBER 26, 2000
Orig.Div: Public works(Design Division) PHIL BATCHELOR, Clerk of the Board of
Contact: Bili Fernandez(313-2294) Supervisors and County Administrator
C: E.Kuevor,CAO
Auditor-Controller
Community Development
PW Accounting
Construction By
De y
SUBJECT: Approve the Agreement with Burlington Northern and Santa Fe Railway Company for the
Seismic Retrofit of Del Monte Road Bridge Project in the Pinole area.
Project No.: 0662-6R4217 ; Funding: Federal and State Seismic Funds (88.5%) Local Road
Funds (11.5%).
DATE: September 26, 2000
PAGE: 2
I1. FINANCIAL IMPACT:
The agreement will add approximately $40,000 to the project costs, which will be paid for by
Federal and State Seismic Funds (88.5%) Local Road Funds (11.5%).
There is no impact to the General Fund.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
The County is planning to seismically retrofit four bridges, Freeman Road (Walnut Creek), Pacific
Avenue and Hawthorne Drive (Rodeo) and Del Monte Drive (Pinole). The Del Monte Road Bridge
crosses over the railway operated by BNSF, to obtain rights to perform the retrofit work BNSF
required the County to update its agreement dated October 27,1964 made with BNSF's
predecessor, the Atchison, Topeka and Santa Fe Railway.
The signing of this agreement will clarify the County and BNSF requirements for the seismic
retrofit work, as well as create a long-term agreement between the County and BNSF for the long-
term operation of the over-crossing.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If this Board Order is not approved, the County will not have the ability to perform retrofit work on
the Del Monte Road over-crossing, which may allow it to collapse in a severe seismic event.
CLERK OF THE BOARD
COUNTY ORIGINAL
BNSF File No.: 05026120
AGREEMENT made this_ day of Il�-2000 between THE BURLINGTON
NORTHERN AND SANTA FE RAILWAY COMPANY,a Delaware corporation,hereinafter referred to
as"BNSF",and the COUNTY OF CONTRA COSTA,hereinafter referred to as"County"
RECITALS:
WHEREAS,BNSF's predecessor,The Atchison,Topeka and Santa Fe Railway Company,and County are
parties to an agreement,dated October 27, 1964,identified in the records of BNSF as Secretary's Contract
No.CL 70425,approved and authorized by County Resolution No.3447 dated October 27, 1964,covering
the location,construction,maintenance and use of an overhead structure across BNSF's Main Track,and
right-of-way located near the City of Pinole,Contra Costa County,State of California,commonly referred
to as the"Del Monte Drive Overhead Structure"(P.U.C.Crossing No.2-1183.0-A,U.S.D.O.T.Crossing
No.029-830-N).
WHEREAS,County now proposes to seismically retrofit said Del Monte Drive Overhead Structure. The
term"Project"as used in this Agreement shall include all work of every kind and character required in
connection with the retrofitting of said Del Monte Overhead Structure including,but not limited to,any and
all changes to telephone,telegraph,signal and electrical lines and appurtenances. The term"Structure"as
used in this Agreement shall mean the Del Monte Overhead as seismically retrofitted,as shown on Exhibit
"A",attached hereto and by reference made a part hereof,and shall include the approaches thereto,all cuts,
fills,highway pavement,highway lighting,guard rails,existing pipelines attached to the Structure,drainage
facilities,slope planting,retaining walls,necessary changes to telegraph,telephone,signal and electrical
lines and appurtenances,including,if any,their temporary relocation during construction,and all other
work necessary to accomplish the retrofitting of the Structure over,under and/or adjacent to BNSF's right
of way and property.
WHEREAS,the parties hereto desire to express in writing their understanding and agreement with respect
to the Project and pursuant to which the Structure is to be seismically retrofitted and thereafter maintained.
ARTICLE I
AGREEMENT:
IN CONSIDERATION of the covenants of the County hereinafter set forth,and the faithful performance
thereof,BNSF agrees as follows:
1. To give and hereby gives to County its employees,agents and contractor(s),upon and subject to
the terms and conditions hereinafter set forth,permission and license to enter upon and use that
portion of BNSF's right-of-way as is necessary to seismically retrofit said Del Monte Overhead,
and thereafter maintain the Structure,as shown on said Exhibit"A",and excepting and reserving
the right to be exercised by BNSF,and by any others who have obtained,or may obtain,
permission or authority from BNSF to:
(a) Operate,maintain,renew and/or relocate any and all existing railroad track or tracks,
wires, pipelines and other facilities of like character upon,over or under the surface of
said right of way.
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(b) From time to time to construct,operate,maintain,renew and/or relocate upon said right
of way additional facilities of the character described in Subsection(a)of this Section.
--2- This right is given by BNSF without warranty of title of any kind, express or implied, and no
covenant of warranty of title shall be implied from the use of any word or words herein contained.
In case of the eviction of County by anyone owning, or claiming title to or any interest in said
right of way, BNSF shall not be liable to County for any damage of any nature whatsoever and
County hereby releases BNSF from any such claims.
3; To furnish all labor, materials, tools, and equipment, and do railroad work required due to the
1► ,. retrofitting of the Structure, such railroad work and the estimated cost thereof being as shown in
Exhibit "B" attached hereto and made a part hereof. Any item of work incidental to those items
listed in said Exhibit "B", but not specifically mentioned therein, may be included as port of this
Agreement as an item of work upon written approval of County, and subject to applicable federal
regulations if any. Retrofitting of the Structure shall include the following principal elements of
work to be performed by BNSF:
(a) The furnishing of. preliminary railroad engineering, railroad design, and contract
preparation;
(b) The furnishing of such watchmen, flaggers and engineering inspectors as may be
necessary for the safety of BNSF's property and the operation of its trains during
construction of the Project.
4. To do all work provided in Article 1,Section 2 above with its own employees working under
Railroad Labor Agreements or by contractor(s),if necessary,and on an actual cost basis.
5. BNSF is hereby authorized to include a charge,equal to the amount allowed by the Federal
Highway/Administration,at time of billing,to cover the cost of BNSF's self-insurance expense
covering Employer's Liability,including liability under 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.
6. To submit to County,for payment,periodic billings covering the cost of work performed by
BNSF,and upon receipt of County's written advice of the projects completion pursuant to Article
II,Section 13,a detailed statement of final costs.
ARTICLE II
IN CONSIDERATION of the covenants of BNSF herein set forth and the faithful performance thereof,
County 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 specifications,shall be submitted to BNSF for approval prior to
commencement of construction activities. After having been approved by both County and BNSF,
said plans and specifications are hereby adopted and incorporated into this Agreement by
reference.
2. To make application to the Public Utilities Commission of the State of California(hereinafter
referred to as the"Commission")for an order authorizing the retrofitting of the Structure. County
shall furnish to the Commission plans for the retrofitting of the Structure,approved by BNSF,
together with a copy of this Agreement.
3. To acquire at no cost to BNSF,all rights-of-way necessary for the retrofitting of the Structure.
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4. 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
retrofitting of the Structure.
5. To furnish all labor,materials,tools,and equipment in performing the work to be performed by
County as hereafter provided. Construction with respect to said Project shall be undertaken by
County's contractor(s)and shall be performed at such times as shall not endanger or interfere with
the safe and timely operations of BNSF's tracks and other facilities.
6. To retrofit the Structure as shown on Exhibit"A"at no cost to BNSF,and do all work provided for
in the plans and specifications for the Project,except such work that BNSF herein agrees to do.
Principal elements of work to be performed by County in the construction of the Project are as
follows:
(a) The retrofitting of the Structure;
(b) The construction of a temporary access roadway for County's Contractor(s)to enter upon
BNSF property.
(c) The installation and maintenance of a locked security gate across said access roadway as
referenced in Article II,Section 6(b). County shall remove the temporary access
roadway and security gate upon completion of said Project.
7. County will instruct their contractor(s)that all equipment left on BNSF property after normal
working hours,will have to be locked and secured to prevent any movement by any unauthorized
person(s).
8. An existing 13 inch water pipeline and a 4 1/2 inch pipeline are attached to the Structure and
County agrees to submit detailed plans to BNSF for approval that delineates how the pipelines will
be protected prior to the commencement of any seismic retrofit work.. County also agrees that if
the pipelines are severed during the seismic retrofit project that the valves to the pipeline will be
immediately tuned off and no seismic retrofit work to the Structure shall be undertaken by County
until the pipelines are repaired.
9. To incorporate in each prime contract for the retrofitting of the Structure,or the specifications
therefor,the provisions set forth in Article II,Section 10, 11 and 12,and in Article III,Sections 3,
4,5,8 and 10 and the provisions set forth in Exhibits"C"and"C-I",attached hereto and by
reference made a part hereof.
10. To require its contractor(s)to notify BNSF's Roadmaster at least fifteen(15)business days in
advance when requesting a BNSF flagger to protect said Contractor(s)work on BNSF property or
near BNSF's tracks to prevent interference with or damage to BNSF's trains and property pursuant
to the requirements set forth in said Exhibit"C".
11. To require its Contractor(s)to furnish BNSF's Director of Structures,at 4515 Kansas Avenue,
Kansas City,KS,66106,for approval,five copies of plans and two sets of calculations of any
shoring or cribbing proposed to be used over,under,or adjacent to BNSF's tracks. The
requirements for submission of shoring or cribbing plans are outlined in greater detail in said
Exhibit"C". The use of such shoring or cribbing shall conform to the standard side clearances
required by the Commission. In case the use of such shoring will impair said clearance,County
will ensure that application is made to the Commission,if required,for approval of such
impairment during the period of the retrofitting of the Structure.
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12. That,except as hereinafter otherwise provided,all work to be performed hereunder by County in
the retrofitting of the Structure will be performed pursuant to a contract or contracts to be let by
County,and all such contracts shall provide:
(a) That all work performed thereunder,within the limits of BNSF's right of way 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 all materials utilized in the retrofitting of the Structure shall be new and of good
quality,free from material defects and be in accordance with the plans and specifications
approved by BNSF.
(c) That no work,including the construction of this Project and/or any subsequent
maintenance,shall be commenced within BNSF's right of way until each of the prime
Contractor(s)employed in connection with said work shall have(i)executed and
delivered to BNSF a letter agreement in the form of Exhibit"C=1'"and(ii)delivered to
and secured BNSF's approval of the insurance required by said Exhibit"C=1".
(d) That if,in County's opinion,it shall be for its best interest,County may direct that the
retrofitting of the Structure be done by day labor under the direction and control of
County,or if at any time,in County's opinion,the Contractor has failed to prosecute with
diligence the work specified 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 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
retrofitting is performed by day labor,County will,at its expense,procure and maintain
on behalf of BNSF the insurance required by Exhibit"C-1 V.
13. To advise BNSF's Manager Public Projects,in writing,of the completion date of the Project
within thirty(30)days after such completion and to notify BNSF's Manager Public Projects,in
writing,of the date on which County and/or its Contractor will meet with BNSF for the purpose of
making final inspection of the Project.
14. Upon completion of the retrofitting of the Structure,the Structure shall continue to be owned and
maintained by County at its sole cost and expense.
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 o
BNSF's approval prior to commencement of such changes or modifications.
2. That such work shall be done in accordance with detailed plans approved by BNSF and 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 BNSF's tracks at this location.
3. That during the retrofitting of said Structure,County's Contractor(s)will not be allowed to drop or
lower material or debris onto Railroad's property within twenty-five(25)feet measured from the
centerline of an adjacent track,or measured from the edge of a Railroad maintenance roadway,or
measured from any Railroad improvement,or measured from a Railroad work or staging area.
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4. That County's contractor(s)will be required to clear their work area,upon receiving sufficient
advance notice from BNSF,should it become necessary for BNSF to switch rail cars on a track
that is fouled by the Contractor(s)work activities. The Contractor(s)will be permitted to return to
the work area upon receiving BNSF's advice that it is safe to do so.
5. That all existing BNSF maintenance roadways will remain open at all times during construction.
6. That the retrofitting of the Structure is deemed to be of no cognizable benefit to BNSF within the
meaning of Title 23 of the United States Code(Highways),as amended,and Federal Highways
Administration FHPM 662.1 6b(2). Accordingly,BNSF shall not be required to contribute to the
cost of the Project.
7. That the County will reimburse BNSF in full for the actual cost of all work performed by BNSF
pursuant to this Agreement. All expenses incurred by BNSF and billed to County pursuant to
Article 1,Section 6,hereof for which County is obligated to reimburse BNSF hereunder,shall be
in accordance with and subject to the terms and provisions of the Federal Highway Administration
Manual,as amended or revised.
8. That a Security Service will be provided,at County's sole cost and expense to control access to
BNSF's property through the security gate installed pursuant to Article II,Section 6(b)and(c)
above. Said security gate shall be closed and securely locked during non-working hours.
99. That the retrofitting of the Structure shall not be commenced by County's Contractor(s)until
County shall have given not less than thirty(30)working days prior written notice to BNSF's
Manager Public,projects,making reference to BNSF's file number 05026120,which notice shall
state the time that operations for retrofitting the Structure shall commence.
10. No construction activities nor future normal or routine maintenance activities which pertain to said
Structure,and which are located within twenty-five(25)feet measured from the centerline of
BNSF's tracks will be permitted during the Fourth Quarter of any calendar year. It is further
agreed that trains cannot be subjected to delay during said construction or future normal or routine
maintenance activities. Notwithstanding the foregoing,County and/or its Contractor(s)may
undertake emergency maintenance work upon prior notification to BNSF. County may also
maintain the roadway surface located over BNSF tracks without having to obtain permission from
BNSF,provided that such maintenance will not endanger or interfere with train operations.
County agrees to reimburse BNSF for the cost of all flagger expense that may be required to
protect for such activities.
11. County shall request its Contractor(s)to reasonably adhere to the County's construction
completion date. The parties agree that BNSF's failure to complete Railroad work in accordance
with the construction schedule will not constitute a breach of this Agreement by BNSF and will
not subject BNSF to any liability,when due to inclement weather or unforeseen railroad
emergencies. Regardless of the requirements of the construction schedule,BNSF reserves the
right to reallocate its labor forces,assigned to complete Railroad work,in the event of an
emergency when 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. The County reserves the right to amend
the contract with the contractor as may be necessary subject to advising and coordinating with
BNSF.
12. That after completion of the retrofitting of the Structure as hereinabove described:
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(a) BNSF will,at its sole cost and expense,maintain its roadbed,track,railroad drainage and
all other railroad facilities;
(b) County will,at its sole cost and expense,maintain the Structure,the highway approaches,
pavement and related appurtenances thereto,lighting,and drainage.
13. Upon completion of the Project,County shall furnish BNSF one set of as built plans,at no cost to
BNSF,prepared in U.S.Customary Units,plus one set of computer diskettes,containing as built
CAD drawings of the Project,identifying the software used for the CAD drawings. The"as built
plans"shall depict all information in BNSF engineering stationing and mile post pluses. The"as
built plans"shall also include plan and profile,structural bridge drawings and specifications,and
drainage plans. All improvements and facilities shall be shown.
14. Before entering upon BNSF's right-of-way for maintenance purposes to maintain said Structure,
County shall notify BNSF's Manager Public Projects to obtain prior authorization. It is understood
that County may perform maintenance on said highway or on said Structure that does not interfere
with BNSF operations without prior notification to BNSF. When work is contracted,County shall
require its contractor(s)to execute contracts containing obligations in favor of BNSF,set forth in
Exhibits"C"and"C-1",as may be revised from time to time,and agreed to by the parties hereto.
In the event that contractor does not meet its obligations under Exhibits"C"and"C-1",the County
shall,within limits allowed under the law,be responsible for the County's contractor compliance
with the obligations set forth in the above documents.
15. That County 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 arising in
any manner out of(i)the use,occupancy or presence of County,its Contractor(s),
subcontractor(s),employees,invitees or agents in,on,or about the construction and/or
maintenance site.(ii)the performance,or failure to perform by the County,its Contractor(s),
subcontractor(s),employees,or agents,its work or any obligation under this Agreement,or(iii)
the sole or contributing acts or omissions of County,its Contractor(s),subcontractor(s),
employees,or agents in,on,or about the construction and/or maintenance site. Nothing herein
contained 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 Contractor(s)who
are directly responsible to it.
16. That if BNSF shall deem it necessary or desirable,in the future in the performance of its duty as a
common carrier to raise or lower the grade or change the alignment of its tracks or to lay
additional track or tracks or to build other facilities in connection with the operation of its railroad,
it shall have full right to make such changes or additions,provided,however,that if such changes
or additions shall require any changes or alterations of the Structure herein proposed to be
retrofitted and provided further,however,that should it become necessary or desirable in the
future to change,alter,widen or reconstruct the Structure to accommodate railroad projects,the
cost of such work shall be divided between the BNSF and the County in such shares as may be
determined by them,subject to the jurisdiction of the Public Utilities Commission of the State of
California.
17. That when the County shall deem it necessary or desirable in the future,due to traffic conditions,
to widen the Structure herein contemplated,it shall have full right to do so,provided,however,
that such widening shall not encroach farther on the BNSF's property than the limits of the
easement granted by separate instrument,and shall not require the occupations of the surface of
BNSF's right of way to a greater extent than is contemplated by the plans and specifications to be
approved by BNSF pursuant to Article II,Section I hereof,without the prior written consent of
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BNSF,and the execution of a supplement to this Agreement or the completion of a separate
Agreement.
18. It is understood that the Structure passes over a line of railroad which may be converted to an
electrification route equipped with standard type catenary support fixtures at a future date. It is
further understood that the catenary support fixtures may be attached to the Structure upon the
written approval of County at the time electrification takes place,the cost of which shall be borne
as provided in Article III,Section 16 hereof.
19. That the County will not give or consent to any franchise,right,privilege or easement upon,
across,under or over BNSF's tracks and right of way which might in any manner interfere with the
operation or maintenance of BNSF's property.
20. That this Agreement is subject to all valid and existing contracts,leases,liens,easements and
encumbrances of every character which might affect BNSF's right of way and property.
21. 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,and of the Federal Highway Administration in
accordance with FHPM 143,for a period of three(3)years from the date of final payment.
22. 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.
23, In the event that retrofitting of the Structure has not commenced within a period of three(3)years
from the date of this Agreement,this Agreement shall become null and void.
24. 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
following addresses:
The Burlington Northern and BNSF's Manager Public Projects
Santa Fe Railway Company 740 Bast Carnegie Drive
San Bernardino,CA 92408-3571
Contra Costa County Contra Costa County
Public Works Department
255 Glacier Drive
Martinez,CA 945534897
25, The aforesaid agreement between BNSF's predecessor and the County dated October 27, 1964,
Secretary's Contract No.CL 70425 which provided for the construction and maintenance of the
overhead structure shall terminate on the completion date of the retrofitting of the Structure as
contemplated by this Agreement. Said completion date shall be as specified in Article II,Section
13 hereof. Such termination shall not release any party thereto from any liability or obligation,
thereunder,resulting from any act,omission or event happening prior to the date of termination.
26. THIS AGREEMENT contains the entire understanding of the parties regarding the subject matter
of this agreement.
27. MODIFICATION CLAUSE. This Agreement can be modified only by a writing executed by both
parties,with the County's agreement,subject to approval by its Board of Supervisors.
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28. CHOICE OF LAW CLAUSE. This Agreement shall be interpreted and enforced under the laves
of the State of California.
IN WITNESS WHEREOF,County has caused this Agreement to he executed and attested by its duly
qualified and authorized officials,and BNSF has executed this Agreement,both as of the day and year first
above written.
CONT OSTA C.7 THE BURLIINGTON NORTHERN ANI)
SANTA FE RAILWAY COMPANY
By
Chairpfi,Board S pervisors
By
Chf1 sundgren
ATTEST: Its Manager Public Projects
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator
By �✓ -
Deputy
Recommended for Approvals
Maurice Shiu
Public Works Director
By
Form Approved:
Victor J.Westman
County Counsel
By r'J
Deputy
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LOCATION - WORTS BAY DETAILSor ZsTIMATx ------------
.. .... ----�JSI, JUSTIFZC.IATION AND DESCRIPTION
....___"_,..._.._..----______,�_.. .. _. ..__..____......,......_
PURP
SEZStiIC RETxorZT TO DEL l.>= DPIZVT 0VtRS= RA3= STRt9C:t'SR£, M.P. 1153.0, D.O.T. NO. 029
530 N, STOCKTON SCIBDZVISION. 100% BIL 7%,RU To CONTRA COSTA COCNTY..
NORXSSSEZT PEED BY CRARLES A. LOICCREN ON 4124/00.
DESCRIPTION C10ANTTTY um COST TOTAL S
rrsrtrtrrr
LABOR
ttrrrrrrtr -
7 rmo - RRZSdOrE 440.00 HE 7,590
INSPECTION _ 2R=CpE 132.00 M8 3,754
PAYROLL ASSOCIAT= COSTS 7,037
ZOVIRIMNT EXPENSES 4,716
SUPERVISION,zx2txSES 7,723
INSURANCE 0TENNSES 1,705
TOTAL LABOR COST 32,545 32,545
rrtrrrt+ts
MA.TER7AL
rtrrrtrrrr
TOTAL M%TERIAL COST 0 0
ttrtrrrrrt
OTBTR
' rrrrrrt:sr
PROVIDE CONTRACTOR WITS SAFETY TRASNINO 1.00 LS 1,050
TOTAL OTMR ITIMS COST 1,050 1,050
PROJECT SUSTOTAL 33,595
CONTINSDDJCIES 3,359
3= PREPARATION FPS 155
GRASS PROJECT COST 37,139
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 37,139
EXHIBIT"C"
COFACTOR REQUIREMENTS
CALIFORNIA
1.01 General
• 1.01.01 The Contractor shall cooperate with THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY,hereinafter referred to as"Railway"where work is over or under on or adjacent to Railway property
and/or right-of-way,hereafter referred to as"Railway Property",during the construction of the seismic retrofit
at the Del Monte Drive Overhead Structure.
1.01.02 The Contractor shall execute and deliver to the Railway duplicate copies of the Exhibit"C-1"Agreement,
in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the
insurance called for under Section 2 of said Exhibit"C-1".
• 1.01.03 The Contractor shall plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains on Railway Property.
• 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the
Contractor's work on Railway's Property to cease if,in the opinion of Railway, Contractor's activities create a
hazard to Railway's Property,employees,and/or operations.
• 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local
Governmental laws and regulations, including, but not limited to environmental, health and safety. The
Contractor shall be responsible for and indemnify and save Railway harmless from all fines or penalties imposed
or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of
Contractor's work under this Agreement.
• 1.01.06 The Contractor shall notify the Contra Costa County at Martinez,CA,and Railway's Manager Public
Projects, telephone number(909)386-4474 at least thirty(30)working days before commencing any work on
Railway Property. Contractors notification to Railway,shall refer to Railroad's file
• 1.01.07 For any falsework above any tracks or any excavations located,whichever is greater,within twenty-five
(25)feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 112 horizontal to 1
vertical slope beginning at eleven(11)feet from centerline of the nearest track,both measured perpendicular to
center line of track, the Contractor shall furnish the Railway five sets of working drawings showing details of
construction affecting Railway Property and tracks.The working drawing shall include the proposed method of
installation and removal of falsework,shoring or cribbing, not included in the contract plans and two sets of
structural calculations of any falsework,shoring or cribbing.All calculations shall take into consideration railway
surcharge loading and shall be designed to meet American Railway Engineering and Maintenance-of-Way
Association (previously known as American Railway Engineering Association) Coopers E-80 live loading
standard.All drawings and calculations shall be stamped by a registered professional engineer licensed to practice
in the state the project is located.The Contractor shall not begin work until notified by the Railway that plans
have been approved. The Contractor shall be required to use lifting devices such as,cranes and/or winches to
place or to remove any falsework over Railway's tracks. In no case shall the Contractor be relieved of
responsibility for results obtained by the implementation of said approved plans.
• 1.01.08 Subject to the movement of Railway's trains,Railway will cooperate with the Contractor such that the
work may be handled and performed in an efficient manner.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 Railway.
Approved VP Law February 22, 2000 Page 1 of 7
1_'
1.02 Agreement
• 1.02.01 No employee of the Contractor,its subcontractors,agents or invitees shall enter Railway Property
without first having attended a BNSF Contractor Safety Orientation session.The Contractor shall ensure that
at a minimum its on-site Project Supervisor(s) have attended a Safety Orientation conducted by the Railway,
or it's Representative,and that each of its employees,subcontractors,agents or invitees have received the same
Safety Orientation through sessions conducted by or through the Contractor before any work is performed on
the Project+ The Contractor shall give Railway a minimum of thirty-(30)days'advance notice for scheduling the
Safety Orientation. The Contractor is responsible to pay for the cost of the Safety Orientation should it be
conducted by the Railway's Representative.
1.03 Railway Requirements
• 1.03.01 The Contractor shall take protective measures as are necessary to keep railway facilities,including track
ballast,free of sand,debris,and other foreign objects and materials resulting from his operations. Any damage
to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost
of such repairs or replacement shall be paid for by the Agency.
• 1.03.02 The Contractor shall notify the Railway's division Superintendent Steve Smith at(909)942-5510 provide
blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations
adjacent to or on Railway's Property.
• 1.03.03 The Contractor shall abide by the following clearances during construction:
♦ 25'-0" Horizontally from centerline of nearest track.
♦ 22'-6" Vertically above top of rail(Temporary Falsework Clearance may be
reduced to 21'-6"Subject to Railway and 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
• 1.03.04 Any infringement within State statutory clearances due to the Contractor's operations shall be submitted
to the Railway and to the Contra Costa County and shall not be undertaken until approved in writing by the
Railway,and until the Contra Costa County has obtained any necessary authorization from the State Regulatory
Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is
delayed pending Railway approval,and/or the State Regulatory Authority's approval.
1.03.05 In the case of impaired vertical clearance above top of rail,Railway shall have the option of installing
tell-tales or other protective devices Railway deems necessary for protection of Railway operations.The cost of
tell-tales or protective devices shall be borne by the Agency.
1.03.06 The details of construction affecting the Railway's Property and tracks not included in the contract plans
shall be submitted to the Railway by Contra Costa County for approval before work is undertaken and this work
shall not be undertaken until approved by the Railway.
1.03.07 At other than public road crossings,the Contractor shall not move any equipment or materials across
Railway's tracks until permission has been obtained from the Railway.The Contractor shall obtain a"Temporary
Private Crossing Agreement"from the Railway prior to moving his equipment or materials across the Railways
tracks.The temporary crossing shall be gated and locked at all times when not required for use by the Contractor.
The temporary crossing for use of the Contractor shall be at the expense of the Contractor.
1.03.08 Discharge,release or spill on the Railway Property of any hazardous substances in excess of a reportable
quantity or any hazardous waste is prohibited and Contractor shall immediately notify the Railway's Resource
Operations Center at 1(800) 832-5452, of any discharge,release or spills. Contractor shall not allow Railway
Approved VP Law February 22, 2000 Page 2 of 7
Property to become a treatment,storage facility as those terms are defined in the Resource Conservation and
Recovery Act or any state analogue.
1.03.09 The Contractor upon completion of the work covered by this contract,shall promptly remove from the
Railway's Property all of Contractor's tools,equipment,implements and other materials,whether brought upon
said property by said Contractor or any Subcontractor,employee or agent of Contractor or of any Subcontractor,
and shall cause Railway's Property to be left in a condition acceptable to the Railway's representative.
1.04 Contractor Safety Action Plan
1.04.01 Each Contractor shall develop and implement a Safety Action Plan which shall be made available to
Railway prior to commencement of any work on Railway Property. During the performance of work, the
Contractor shall audit its compliance with the Safety Action Plan.The Contractor shall designate an on-site
Project Supervisor who shall serve as the contact person for the Railway and who shall maintain a copy of the
Safety Action Plan and subsequent audits at the job site for Inspection and review by the Railway at any time
during the course of the project.The Safety Action Plan shall contain,but not be limited to the following;
*Contractors Employee Safety
# Safety Orientation(Sec 1.02.01)
# Job Briefings (Sect.06.01&1.06.02)
♦ Personal Protective Equipment(Sec 1.06.05)
* Protection of Railway Facilities and Railway Flagger Services(Sec 1.03.05&1.05)
# Protection of Contract Employees working nearer than 25 feet from any track(Sec 1.06.03)
# Work After Hours(Sec 1.06.04)
*Contractor Employee Training
# Personal Injury Reporting(Sec 1.09)
# Accident Investigation and Analysis
*High Risk Work Areas/Situations
# Notification of Damage to Railway property or hazards that could effect the safe operation of
trains (See 1.06.06)
i Falsework/Shoring affecting the Integrity of tracks(Sec 1.01.06)
* Clearances affecting the integrity of train operations (Sec 1.03.03)
i Moving Equipment and Materials across Railway's tracks(Sec 1.03.07)
i Security of Machines,Equipment and Vehicles (Sec 1.06.10)
# Power line Safety(Sec 1.06.12)
i Excavation Safety(Sec 1.07)
#High Risk Employees
# Alcohol and Drug Use(Sec 1.06.05)
* Firearms or Deadly Weapons(Sec 1.06.07)
*Property Damage,Housekeeping and Clean-up (Sec 1.03.01&1.03.09)
* Storage of Materials(Sec 1.06.09)
Facility Auditing
*Compliance with Laws (Sec 1.01.04)
*Hazardous Substances and Materials
i Discharges,Releases and Spills(Sec 1.03.08)
* Hazardous Materials encountered In excavations (Sec 1.08)
1.05 Protection of Railway Facilities and Railway Flagger Services:
1.05.01 The Contractor shall give a minimum of 15 working days notice to Chris Wang the Railways Roadmaster
at(209)942-5474, in advance of when flagging services will be required.
1.05.02 Railway flagger and protective services and devices will be required and furnished when Contractors work
activities are located over or under of and within twenty-five(25)feet measured horizontally from centerline of
the nearest track and when cranes or similar equipment positioned outside of 25-foot horizontally from track
centerline that could foul the track in the event of tip over or other catastrophic occurrence, but not limited
thereto for the following conditions:
Approved VP Law February 22, 2000 Page 3 of 7
♦ 1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's
Property,employees,trains,engines and facilities.
♦ 1.05.02b When any excavation is performed below the bottom of tie elevation,if,in the opinion of
Railway's representative,track or other Railway facilities may be subject to movement or settlement.
♦ 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds.
♦ 1.05.02d When any hazard is presented to Railway track,communications,signal,electrical,or other
facilities either due to persons,material,equipment or blasting in the vicinity.
♦ 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome
objects or equipment which might result in making the track impassable.
1.05.03 Flagging services will be performed by qualified Railway flaggers.
♦ 1.05.03a Flagging crew generally consists of one employee. However,additional personnel may be
required to protect Railway Property and operations, if deemed necessary by the Railways
Representative.
♦ 1.05.03b Each time a flagger is called,the minimum period for billing shall be the eight(8)hour basic
day.
♦ 1.05.03c The cost of flagger services provided by the Railway, when deemed necessary by the
Railway's representative,will be borne by the Contra Costa County for a period of consecutive
calendar days beginning on the date work commences on or near the Railroad's property. The Contractor
shall pay to the Contra Costa County liquidated damages in the sum of$ per day for each day
in excess of the above consecutive calendar days the Contractor works on or near Railroad
property,and which requires flagging protection of Railroad's facilities and trains.
♦ 1.05.03d The average train traffic on this route is 30_freight trains per 24-hour period at a timetable
speed of 45 MPH and 8 passenger trains at a timetable speed of 45 MPH.
1.06 Contractor General Safety Requirements
1,06,01 Work In the proximity of railway track(s) is potentially hazardous where movement of trains and
equipment can occur at any time and in any direction.All work performed by contractors within 25 feet of any
track shall be in compliance with FRA Roadway Worker Protection Regulations.
1.06.02 Before beginning any task on Railway Property,a thorough job safety briefing shall be conducted with
all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25
feet of any track,the job briefing must Include the Railway's rugger and include the procedures the Contractor
will use to protect its employees,subcontractors,agents or invitees from moving any equipment adjacent to or
across any Railway track(s).
1.06.03 Workers shall not work nearer than 25 feet to the centerline of any track without proper flag/work
protection provided by the Railway,unless the track is protected by track bulletin and work has been authorized
by the Railway. If flag/work protection is provided,every contractor employee must know: (1)who the Railway
flagger is,and hove to contact the flagger,(2)limits of the flag(work protection,(3)the method of communication
to stop and resume work, and (4) entry into flag(work limits when designated. Men or equipment entering
flag/work limits that were not previously job briefed,must notify the flagger Immediately,and be given a job
briefing if working at less than 25 feet from center line of track.
1.06.04 `iiV'hen Contractor employees are required to work on the Railway Property after normal working hours
or on weekends, the Railroad's representative In charge of the project must be notified. A minimum of two
employees shall be present at all times,
Approved VP Law February 22, 2000 Page 4 of 7
1.06.05 Any Contractor employee,its subcontractors employee,agents or invitees under suspicion of being under
the influence of drugs or alcohol,or in the possession of same,will be removed from the Railway's Property and
subsequently released to the custody of a representative of Contractor management. Future access to the
Railway's Property by that employee will be denied.
1.06.06 Any damage to Railway Property, or if any hazard is noticed on passing trains, shall be reported
immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come
in 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 Railway representative in charge of the project and to the
Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from
the Railway representative in charge of the project prior to the start of any work and shall be posted at the job
site.
1.06.07 All persons are prohibited from having pocket knife with blade in excess of three(3)inches,firearms or
other deadly weapons in their possession while working on Railway's Property.
1.06.08 All personnel protective equipment used on Railway Property shall meet applicable OSHA and ANSI
specifications.Railway personnel protective equipment requirements are; a)safety glasses:permanently affixed
side shields; no yellow lenses, b) hard hats with high visibility orange cover, .c) safety shoes: hardened toe,
above-the-ankle lace-up with a defined heel and d),high visibility retro-reflective orange vests are required as
specified by the Railroad's representative in charge of the project. Hearing protection, fall protection and
respirators will be worn as required by State and Federal regulations.
1.06.09 The Contractor shall not pile or store any materials,machinery or equipment closer than 25'-0"to the
center line of the nearest Railway track.At highway/rail at-grade crossings materials,machinery or equipment
shall not be stored or left temporarily which interferes with the sight distances of motorists approaching the
crossing.Prior to beginning work,the Contractor,will establish a storage area with concurrence of the Railroad's
representative.
1.06.10 Machines or vehicles must not be left unattended with the engine running.Parked machines or equipment
must be in gear with brakes set and if equipped with blade,pan or bucket,they must be lowered to the ground.
All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against
movement.
1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water
drainage.Any work performed over water shall meet all Federal,State and Local regulations.
1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary
by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment
or load shall be;200 KV or below -15 feet,200 to 350 KV-20 feet,350 to 500 KV-25 feet,500 to 750 KV-35
feet, 750 to 1000 KV-45 feet and if capacity of the line is not known, minimum clearance of 45 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.
1.07 Excavation
1.07.01 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 Railway's Property could result in damage to buried
cables resulting in delay to Railway 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 Railways Signal Supervisor and Roadmaster. 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.
Approved VP Law February 22, 2000 Page 5 of 7
1.07.02 The Contractor must cease all work and the Railway 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.
1.07.03 All excavations shall be conducted in compliance with applicable OSHA regulations and regardless of
depth shall be shored where there is any danger to tracks,structures or personnel.
1.07.04 Any excavations,holes or trenches on the Railway's Property must be covered,guarded and/or protected
when not being worked on. When leaving work site areas at night and over weekends,the areas must be secured
and left in a condition that will ensure that Railway employees and other personnel who may be working or
passing through the area are protected from all hazards.All excavations must be back filled as soon as possible.
1..08 Hazardous Waste, Substances and Material Reporting
1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious
material,including but not limited to any non-containerized commodity or material,on or adjacent to Railway's
Property, in or near any surface water, swamp,wetlands or waterways,while performing any work under this
Agreement, Contractor shall immediately: (a) notify the Railway's Resource Operations Center at 1(800)
832-5452,of such discovery:(b)take safeguards necessary to protect its employees,subcontractors,agents and/or
third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate
measure to minimize the impact of such release.
1.09 Personal Injury Reporting
1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad
Administration(FRA)reporting requirements.Any personal injury sustained by an employee of the Contractor,
subcontractor or Contractor's invitees while on the Railway`s Property must be reported immediately(by phone
mail if unable to contact in person)to the Railway's representative in charge of the project. The Non-Employee
Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at
1(817)352-7595 and to the Railway's Representative no later than the close of shift on the date of the injury.
EXH,C CA Agency Feb.22,MW
Approved VP Law February 22, 2000 Page 6 of 7
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD
BE USED FOR COMPLIANCE WrM FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St 2. Date: Time:
County: 3. Temperature: 4. Weather
(if non-BNSF location)
5. Social Security#
6. Name(last,first,mi)
7. Address: Street: City: St. Zip:
8. Date of Birth: and/or Age Gender:
(if available)
9. (a) Injury: (b)Body Part:
(i.e.(a)Laceration(b)Hand)
11. Description of Accident(To include location,action,result,etc.):
12. Treatment:
❑ First Aid Only
❑ Required Medical Treatment
❑ Other Medical Treatment
13. Dr.Name 30.Date:
14. Dr.Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
FAX TO
RAILWAY AT(817)352-7595
AND COPY TO
RAILWAY ROADMASTER FAX
Approved VP Law February 22, 2000 Page 7 of 7
11 V j
EXHIBIT "G 1"
Agreement
Between
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
and the
CONTRACTOR IN CALIFORNIA
TIME BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
740 E.Carnegie Drive
San Bernardino.C..A.92408-3571
Attentions Manager Public Projects
Railway Files 05026120
Agency Projects Seismic Retrofit Del Monte Drive Overhead Structure
Gentlemen:
The undersigned,hereinafter referred to as Contractor,has entered into a Contract dated 2000 with
the Contra Costa County for the performance of certain work in connection with the project to seismic retrofit the Del
Monte Drive Overhead Structure in the performance of which work the Contractor will necessarily be required to conduct
operations within THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY("Railway"),right of way
and property("Railway Property"). The Contract provides that no work shall be commenced within Railway Property until
the Contractor employed in connection with said work for Contra Costa County shall have executed and delivered to
Railway an Agreement,in the form hereof,and shall have provided insurance of the coverage and limits specified in said
Contract and Section 2 of this Agreement. If this Agreement is executed by other than the Owner, General Partner,
President or Vice President of Contractor,evidence is furnished to you herewith certifying that the signatory is empowered
to execute this Agreement for the Contractor.
Accordingly,as one of the inducements to and as part of the consideration for Railway granting permission to
Contractor to enter upon Railway Property,Contractor,effective on the date of said Contract,has agreed and does hereby
agree with Railway as follows:
Section 1. RELEASE OF LIABILITY AND INDEMNITY
Contractor agrees to release Railway from any claims arising from the performance of this Agreement which
Contractor or any of its employees,subcontractors,agents or invitees could otherwise assert against Railway,regardless of
the negligence of Railway,except to the extent that such claims are proximately caused by the willful misconduct or sole
negligence of Railway.
Contractor shall indemnify and hold harmless Railway for all judgments,awards,claims,demands,and expenses
(including attorneys'fees),for injury or death to all persons,including Railway's and Contractor's officers and employees,
and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of
Contractor's subcontractors' acts or omissions or failure to perform any obligation hereunder. THE LIABILITY
ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE
DESTRUCTION,DAMAGE,DEATH,OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE
NEGLIGENCE OF RAILWAY,ITS AGENTS,SERVANTS,EMPLOYEES OR OTHERWISE,EXCEPT TO THE
EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY TIME WILLFUL MISCONDUCT OR SOLE
NEGLIGENCE OF RAILWAY.
Approved VP Law April 17,2000 Page 1 of 6
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE ANY
CLAIMS,SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S
LIABILITY ACT,INCLUDING CLAIMS FOR STRICT LIABILITY UNDER.THE SAFETY APPLIANCE ACT OR
THE BOILER.INSPECTION ACT,WHENEVER SO CLAIMED.
Contractor further agrees,at its expense, in the name and on behalf of Railway,that it shall adjust and settle all
claims made against Railway,and shall,at Railways discretion,appear and defend any suits or actions of law or in equity
brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any
liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable.Railway shall
give notice to Contractor,in writing,of the receipt or dependency of such claims and thereupon Contractor shall proceed
to adjust and handle to a conclusion such claims,and in the event of a suit being brought against Railway,Railway may
forward summons and complaint or other process in connection therewith to Contractor,and Contractor,at Railways
discretion,shall defend,adjust,or settle such suits and protect,indemnify,and save harmless Railway from and against
all damages,judgments,decrees,attorney's fees,costs,and expenses growing out of or resulting from or incident to any
such claims or suits.
It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this
Agreement shall survive any termination of this Agreement.
Section 2. INSURANCE.
(a) Before commencing any work under this Agreement,Contractor must provide and maintain in effect throughout
the term of this Agreement insurance, at Contractor's expense, covering all of the work and services to be
performed hereunder by Contractor and each of its subcontractors,as described below:
(1) Workers' Compensation coverage as is required by State law. THE CERfiIFICAfiE MUST
CONTAIN A SPECIFIC WAIVER OF THE INSURANCE ANCE COMP UBROGATION
RIGHTS AGAINST THE BURLINGTON NORTHERN AND ANfiA FE RAn WAY
COMPANY.
(2) Commercial General Liability insurance covering liability,including but not limited to Public Liability,
Personal Injury, Property Damage and Contractual Liability covering the obligations assumed by
Contractor in Section 1,with coverage of at least$2,000,000 per occurrence and$6,000,000 in the
aggregate.Where explosion,collapse,or underground hazards are involved,the X,C,and U exclusions
must be removed from the policy.
(3) Automobile Liability insurance,including bodily injury and property damage,with coverage of at least
$1,000,000 combined single limit or the equivalent covering any and all vehicles owned or hired by
the Contractor and used in performing any of the services under this agreement.
(4) Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway
Company is the Named Insured covering all of the liability assumed by the Contractor under the
provisions of this Agreement with coverage of at least$2,000,000 per occurrence and$6,000,000 in
the aggregate. Coverage shall be issued on a standard ISO form CO 00 35 01 96 and endorsed to
include ISO form CO 28 31 10 93 and the Limited Seepage and Pollution Endorsement(see attached
copy).
The average train traffic per 24-hour period on this route is 30 freight trains at a timetable
speed of 45 MPH and 8 passenger trains at a timetable speed of 45 MPH and NO switch engine
movements.
Approved VP Law April 17,2000 Page 2 of 6
All insurance shall be placed with insurance companies licensed to do business in the States in which the
work is to be performed,and with a current Best's Insurance Guide Rating of A and Class VII,or better.
In all cases except Workers'Compensation and Railroad Protective Liability coverage the certificate must
specifically state that THE BURLINGTON NQRTHERN AND SANTA FE RAILWAY COMPANY IS
AN ADDITIONAL INSURED.
Any coverage afforded Railway,the Certificate Holder,as an Additional Insured shall apply as primary
and not excess to any coverage issued in the name of Railway.
(2) Such insurance shall be approved by the Railway before any work is performed on Railway's Property and shall
be carried until all work required to be performed on or adjacent to Railway's Property under the terms of the
contract is satisfactorily completed as determined by Contra Costa County, and thereafter until all tools,
equipment and materials not belonging to the Railway,have been removed from Railway's Property and Railway
Property is left in a clean and presentable condition. The insurance herein required shall be obtained by the
Contractor and Contractor shall furnish Railway with an original certificate of insurance, signed by the
insurance company,or its authorized representative,evidencing the issuance of insurance coverage as prescribed
in(a) 1, 2 and 3 above,plus the original Railroad Protective Liability insurance policy to:
Attention: Insurance Approvals
Engineering Services
The Burlington Northern and Santa Fe Railway Company
4515 Kansas Avenue
Kansas City,Kansas 66106
The certificate of insurance shall guarantee that the policies will not be amended,altered,modified or
canceled insofar as the coverage contemplated hereunder is concerned,without at least thirty(30)days
notice mailed by registered mail to Railway.
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.
It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under Section
1 will not in any way be limited to or affected by the amount of insurance obtained and carried by the Contractor in
connection with said Contract.
The Railway file reference number and location information shown at the top of this Agreement,must
appear on any original insurance policies or certificates of insurance sent to Railway by the Contractor.
Section 3. The Contractor will observe 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
EXHIBIT"C",CONTRACTOR REQUIREMENTS,and shall include,but not be limited to,payment of all costs
incurred for any damages to Railway 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.
Section 4. Contractor shall be responsible to Railway,including its affiliated railway companies,and its tenants
for all damages for any unscheduled delay to a freight or passenger train that affects Railways ability to fully
Approved VP Law April 17,2000 Page 3 of 6
d. a2
utilize its equipment and to meet customer service and contract obligations. Contractor 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 Contractor,or subcontractors,or by the Railway performing railway work. Railway agrees that it will not
perform any act to unnecessarily cause train delay.
For loss of use,Contractor will be billed per freight train hour at an average rate of x385, 3 in 1397)
with annual_di -s=nt)per hour per train as determined from Railway's record. Any disruption to train traffic
may cause delays to multiple trains at the same time for the same period.
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 Railway and its customer. Under these
arrangements,if Railway does not meet its contract service commitment,Railway may suffer loss of performance
or incentive pay or be subject to a penalty payment. Contractor shall be responsible for any train performance and
incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a
train delay caused by Contractor,or subcontractors.
As example,a train arrives 30 minutes after its contract service commitments and Railway is assessed
damages per terms of the contract. Either Contractor,and/or 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 Railway.
As example,a train arrives 30 minutes after its contract service commitments and Railway is assessed
damages per terms of the contract. Either Contractor,and/or subcontractors,caused a 31 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 Railway.
The contractual relationship between Railway and its customers is proprietary and confidential. In the
event of a train delay covered by this Agreement,railway will share information relevant to any train delay to the
maximum extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains
could be as high as$50,000.00 per incident.
Contractor and subcontractors shall plan,schedule,coordinate and conduct all Contractor's work so as to
not cause any delays to any trains.
Kindly acknowledge receipt of this letter by signing and returning to the undersigned two
original copies of this letter,which,upon execution by Railway,shall constitute an Agreement between us.
Approved VP Law April 17,2000 Page 4 of 6
Yours truly,
(Contractor) The Burlington Northern and Santa Fe
Railway Company
By. By
Manager Public Projects
(Title)
Accepted this ..day of.2000
2000
Address
City:---- ----------State:---Zip:—
ct Mar ts.wpd
Approved VP Law April 17,2000 Page 5 of 6
LIMITED SEEPAGE,POLLUTION AND CONTAMINATION COVERAGE ENDORSEMENT WORDING
In consideration of the premium charged it is understood and agreed that Exclusion f.of
Coverage A.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) 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
subsurface 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 substances;
3. the cost of evaluating and/or monitoring and/or controlling seeping and/or
polluting and/or contaminating substances;
4. 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.
Notwithstanding the foregoing, Item 1 does not apply to tunnels.
Approved VP Law April 17,2000 Page 6 of 6
co
TO: BOARD OF SUPERVISORS '
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: SEPTEMBER 26, 2000
SUBJECT: Temporary Construction Permit for the
Delta Road Bridge Replacement
Project No. 0662-6R4216 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the Temporary Construction Permits and AUTHORIZE the Auditor-Controller to process
payment of$1000.00 to Foundation Beaulieu Inc., P.O. Box 1267, Hollister, CA 95024 for temporary
property rights in connection with the Delta Road Bridge Replacement Project. The temporary rights
are required for a staging area to store tools, materials and equipment.
II. Financia Impact:
Funding for the costs associated with replacement of the existing bridge are as follows: 80% federal
funds and 20% road funds.
111. Background and Reasons for Recommendations:
As part of the replacement of the existing bridge on Delta Road, a temporary construction site is
needed as a staging area for the contractor's materials and equipment.
IV. Consequences of Negative Action:
The County needs to provide the contractor with a staging area in order to save time and costs
associated with transporting of equipment and materials needed for the replacement of the existing
bridge.
Continued on Attachment SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED—OTHER
SEPTEMBER 26, 2000
V(� E OF SUPERVISORS I hereby certify that this is a true and correct
X UNANIMOUS(ABSENT None ) copy of an action taken and entered on the
AYES:� NOES: minutes of the Board of supervisors on the
ABSENT: ABSTAIN: date shown.
ATTESTED: SEPTEMBER 26, 2000
G:\GrpData\ReaiProp\2000-Files\BOs&RES\BODelta head Bridge.doc PHIL BATCHELOR, Clerk of the Board of
Ong.Div:Public Works(RIP) Supervisors and County Administrator
Contact: L.Lucy Owens(313-22.29)
cc: County Administrator By Deputy
Auditor-Controller(via RIP) -P.W.Accounting
r
TEMPORARY" CONSTRl1CTION PERMIT �
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive Project Name; Delta Road Bridge Replacement
Martinez, CA 94553 Project Number: 0562-584216-95
Permission is hereby granted to Contra Costa County, its contractors and their authorized
agents, to enter upon and to store, and prepare for use the necessary tools, materials and
equipment on the property of the undersigned, as shown on the attached map or where
necessary, for the purpose of replacing the existing bridge on Delta Road. It is understood and
agreed that the existing fence will not be disturbed by this project and that keys to the gate will
be made available to Contra Costa County, its contractors and their authorized agents, prior to
commencement of the project, for entry onto area shown on the attached map.
It is understood and agreed that Contra Costa County will leave the premises in a clean and
orderly condition and will repair, replace, or compensate for any existing improvements that may
have been disturbed or removed during the course of the work.
Contra Costa County agrees to indemnify owner from and against any and all loss damage,
liability, expense, and claims including injuries to agents or employees of COUNTY or owner
directly or indirectly contributed to or caused by the construction activities or entry on owners
lands as herein authorized.
It is further understood and agreed that permission to do the work and perform the acts stated
herein shall remain in force and effect only until the completion of construction and that all rights
hereunder shall cease when said work has been completed or July 1, 2001, whichever occur first.
It is further understood that Contra Costa County, its contractors or their assigns shall have in
effect during the entire term of this agreement a liability insurance policy of on less than
$2,000,000 and that Foundation Beaulieu, Inc., and its officers shall be named insured on said
policy. Foundation Beaulieu, Inc. shall in no way be liable for any equipment, personal property
or other materials brought onto the property and Contra Costa County or its contractor shall be
responsible for safeguarding and protecting all equipment and personal property left on the
premises.
As full and just compensation for the use of the property Contra Costa County shall pay
Foundation Beaulieu a sum of$1,000.00 due upon commencement of the work.
Very truly yours,
r
FOUNDATION BEAULIEU, INC.
RECOMMENDED FOR APPROVAL:
(JvL'A L�� By-- 7;L-e-1 Z
Reel Property gent
Title
ACCEPTED:
By
CONTRA COSTA COON
Public Works Departmen
Title
Public Wo s irector
Date: ylih '3
99-3/Pr2.doc
rev. 1/24/00
etrJc
Delta Road Bridge Replacement
PARCEL 1 — Foundation Beaulieu Inc.
APN: 020-160-008
Drawing A8263-99
Exhibit "A"
PARCEL 1 Temporary construction easement to expire July 1, 2001 or at end of
construction which ever occurs first.
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of Parcel One described in the deed to Foundation Beaulieu
Inc. recorded December 29, 1995, at Series Number 95-225930, described as follows:
Beginning at the southeast corner of Parcel 1 as described in the deed to Contra Costa
County recorded August 25, 1950, in Book 1621 of Official Records at page 3; thence
from said Point of Beginning along the easterly line of said Parcel 1 (1621 OR 3) said
line also being the easterly right of way line of Delta Road, north 16°31'15" west 22.339
meters; thence leaving said easterly right of way line of Delta Road, south 80"3238"
east 44.000 meters; thence south 3*14'05" west 13.649 meters; thence north 85013'54"
west 31.235 meters; thence south 5"48'52" west 17.581 meters; thence south
56*12'27" west 20.818 meters; thence north 29*54'15" east 28.605 meters; thence
north 16°31'15" west 1.164 meters to the Point of Beginning.
Containing an area of 806.7 square meters of land, more or less.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature: z
Li sed Land Surveyor
Contra Costa County Public Works EIP.
Date:
OF C
JH:sd
G:1GrpDat&\Cletical\EXHIBITS\19991Foundation Beaulieu Inc.doc
January 24,2000