HomeMy WebLinkAboutMINUTES - 08152006 - C.10 I
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TO: BOARD OF SUPERVISORSontra
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FROM: �I_�URICE M. SHIU, PUBLIC WORKS DIRECTOR
Costa
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DATE: August 15. 2,1,16 �'- =em--� ount�T
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SUBJECT: Approve Easement Agreement with B\SF Railway Company in connection v,ith an offsite drainage i
requirement for Subdivision 8984.Pacheco Area (District II)
Proiect\o.: 8-61)S3341 Task: ACQ Acct: 35-101
SPEC-1-i R .,,_=_,T_S ORRc-C-. 'A-I`r.SD -=-+N,-•aBaCKGR• 1_\DNDF—S-TI.0 TIC+\
Recommended Action:
A. _APPROVE Easement Agreement with B\SF Railway Company and ACCEPT said document in
connection with an offsite drainage requirement for Subdivision 8984.
B. AUTHORIZE the Chair. Board of Supervisors- to execute said document on behalf of the Count}-.
C. APPROVE pa}Tnent of Slu.000 for said propem' rights and AUTHORIZE the Auditor-Controller to I
issue a check in said amount pw,able to B\SF Rail axCompanx. 2500 Lou Menk Drive. Fort Worth.
Texas. -6131 to be forwarded to the Real Property Division for deliver,.-.
D. DIRECT the Real Property Division to hay':, the above Easement areement recorded in the Office of
the County-Recorder. 1
Continued on Attachment: x SIGNATiR
_vRECO%tNIENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
tiCPPROVE OTHER
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SIGNATURE(S): I
ACTION OF B? ON7 APPROVED AS RECO1I31E\DED_OTHER
"OyE OF SCPERNISORS _ / herebv certiN that this is a true and correct i
CNANIMOCS(ABSENT /1�/OY—GL) cony of an actior take-and entered on:6e
AYES: NOES: rrinutes of the 3card c`Supervisors on the
ABSENT: ABSTAIN: date sho:n.
C:G^D=:=Ree: 3 0 a Rc 3J:_ ATTESTED: - G
Ori_.D:•-: .'_bC•Cv rR Pi JOHN CU!'E '. Cler•" •f --e Board of
Cor:ac-: C:ver_1 Sc_�a i3'_-____I Soper lso•s and Count c-ninistrato•
Court-,
jzito -Ccrnrnji'.erW:i°RP i 8 A44�� C•eout_
P.% .-ac_c_c.t-.rg
Rz_-arderi:_a R PI
B—= Co uer S rci e
Board Orde-s Ser-or C:er:c.ACA.:.
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Subiezt: Anprovz Easement A_reement with BNSF Railway Company in connection with an oftsite draina«e
requirement for subdivision 5984. Pacheco Area(District II)
Date: Aug-ust 15. 2006
Page: Pa--e 2 of 2
y I
Financial Impact:
Panment of 510.000 from developer ffhe O'Brian Land Compan}I funds.
Reasons for Recommendations and Background:
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These property rights are required in connection with an offsite drainage requirement for Subdivision 5984 in
accordance Frith the approved plans and specifications.
Consequences of Negative Action:
The proiect will not have sufficient]and ri«hts to allowconstruction in accordance with the approved plans and
specifications.
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NNIen Recorded Mail to:
Contra Costa County
Attn: Chervl Sousa
Public Works Department
Real Property Division
255 Glacier Drive
Martinez. CA 9=1555 '
SPACE ABOVE THIS La=FOR RECORDERS USE
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EASEMENT AGREEMENT
The undersiened_erartoris_)deciaretsi: i�)ee deed languase fern: for correct lannua2e - chansc- ui:en
necessarv.) -
Docume-mart trance:tat is 5-0-
i_ i Computed on full caiuc-of propem conveved. or
i i Comouted on full value les_caluc of liens and encumbrances remainine at rime of sale. i
i linincoroorated area: (x Citi o
(_x) Realty notsoid.
KN-ONV ALL IME\ BY THESE PRESENTS. that BNSF RAILWAY COMP N?�Y". a �
Delaware corporation. whose address for purposes of this instrument is 2500 Lou Menk
Drive. Fort Worth. Texas .61=1 ("Grantor") and CONTRA COSTA COL'NTY
("Grantee"'). whose address for purposes of this instrument is Glacier Drive.
Martinez. California 94553. Attn: Karen Laws. Principal Real Propfft Agency- have
entered into this Easement agreement.
WIT-ESSETH that for and in consideration of ten thousand and no 100 dollars
(510.000.00) and the promises of the Grantee hereinafter specified. Grantor does herebx
grant. remise. release and quitclaim unto the Grantee. subject to the terms and conditions
hereinafter set forth a non-exclusive perpetual EASE\1ENT for the purposes of
construk-una. installing. altering. removing. replacing. repairing and maintaining. in strict
accordance With the attached Drawina No. 1-349=1 dated December 1 2004. attached
hereto as Exhibit "A" and incorporated herein (the "Draxvings and Specifications"). one
(I1 stormwater PIPELI\E. seventy-nyo (-') inches to diameter RCP (the "Pipeline")
and for no other use hereinafter (called the "Permitted Ise") over. upon. across or along �
the rail corridor of Grantor at or near the station of Maltb-,-. County of Contra Costa. State '
of California. Line Segment -200, Mile Post 1168.0; (the "Premises"), the Premises
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being further described on Exhibit "B" attached hereto and incorporated herein by this
reference.
RESERVING. however. unto the Grantor. its successors and assigns. the richt to
use the Premises in ani- manner not inconsistent with the Permitted L se granted herein.
The foregoing Easement is made subject to and upon the following express i
conditions and covenants of Grantee:
1. Grantee's rights are subject to existing interests in the I
above-described Premises to whomsoever belonaina and of whatsoever nature and an '
and all extensions and renewals thereof including but not limited to underground
pipeline or lines. or any type of wire line or lines. if an-.
?. \o permanent aboveground improvement mai be constructed on
Grantor propem within t,venty-five ('_S) feet of the centerline of any track. Subsurface
improvements within the Premises shall be limited to the improvements shown on j
Exhibit "A" and Exhibit "B".
Am- and all cuts and fills._ excavations or embankments necessan- in
Grantee's construction. maintenance. or future alteration of said PIPELI_N-E shall be made
and maintained in such manner. form and extent as will provide adequate drainage of and
from the adjoining lands and Premises of the Grantor: and wherever any such fill or
embankment shall or may obstruct the natural and pre-existing drainage from such lands
and Premises of the Grantor. the Grantee shall construct and maintain such culverts or
drains as mai be requisite to presen-e such natural and pre-existing drainage. and shall
also wherever necessan. construct extensions of existing drains_. culverts or ditches
through or along the Premises of the Grantor. such extensions to be of adequate sectional
dimensions to preserve the present flow age of drainage or other waters. and of materials
and workmanship equally as good as those now existing.
4. The Grantee shall bear the cost of removal. relocation or I
reconstruction of an,,- and all right-of-«av fences. telephone or telegraph polls. or other j
facilities. the removal. relocation or reconstruction of which max- be made nec.-ssary bv
reason of the use of said Premises bv Grantee.
All activities performed by Grantee or on Grantee's behalf shall be in
accordance with prudent standards of professional environmental practice and in
compliance with all applicable laws. If. as a result of Grantee's activities or use of the
Premises. there is contamination of the Premises. Grantee shall perform any necessary
rem:diction as required b- applicable laws at Grantee's sole cost and expense. Granter.
recognizes and assumes all responsibility under applicable laws relating to any
contamination of the Premises or groundwater to the extent caused bv Grantee's use of
the Premises. The parties agree that Grantee's discovers of anv existing contamination
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on the Premises shall not be deemed to be activity of Grantee or caused by Grantee
except to the extent that such existing contamination is aaaravated bv Grantee's use.
Grantee shall promptly- report to Railway in writing ani- conditions or activities upon the
Premises that create a risk of harm to persons. propert� or the environment and shall take
whatever action is necessary to prevent iniury to persons or propert arising out of
Grantee's use of the Premises. provided. however. that Grantee's reporting to Railway
shall not relievC- Grantee of ani obligation whatsoever imposed on it bl%' la-,N- or this i
instrument. Grantee shall promptly respond to Grantor's request for information
reaarding said conditions or activities. i
6. The Grantee or its contractor(s) shall telephone Grantor's
Communication Network Control Center at (800) 53.3-2891 a ,T-hour number) to
determine if fiber optic cable is buried anywhere on the Premises; and if so. the Grantee
or its contractor(s) will contact the telecommunications companv'ies) involved. and make !
arrangements with the telecommunications companx°(ies) for protection of the fiber optic
cable prior to beginning any work on the Premises.
Grantee shall maintain said PIPELP E and exercise its rights to use
the Premises as set forth herein in a manner so as not to cause a threat to the safe
operation of Grantor's property. Grantee shall maintain a self-insurance program
reasonabl} acceptable to Grantor and shall provide evidence of such program to Grantor.
In addition to and not in limitation of the foregoing. Grantee shall cause its contractors to
comph with the provisions set forth on Exhibit "C" and Exhibit "C-1" attached hereto.
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8. Grantee or its contractor(s) shall notify- Grantor's Division
Superintendent at Stockton. California. a minimum of fire (5) days prior to Grantee or its
contractor(s) entering upon the Premises (except for emergencies which mai- affect the
public health. safety and welfare) or to perform any work within fifth- (50) feet of any
railroad tracks to enable Grantor to furnish flagging and such other protective service as
might be necessary and Grantee shall reimburse Grantor for the cost thereof_ provided. j
however. Grantee shall not be required to reimburse Grantor for the cost of furnishing
flaaging when Grantee enters upon the Premises to perform routine maintenance.
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9. The Grantor does not warrant its title to said Premises nor undertake
to defend the Grantee in the peaceable possession, use or enjoyment thereof. and the
grant herein made. is subject to all outstanding riahts or interest of others. including the
tenants and licensees of the Grantor.
10. In the event Grantor reasonably determines that Grantee's use of the
Premises for the Permitted Use or Grantee s exercise of ani- of its riahts hereunder
interfere with Grantor's rail operations. Grantee shall. at the request of Grantor and at
Grantee's sole cost and expense. remove. modih- or relocate the PIPELINE. to Grantor's
satisfaction. to another location «-ithin the Premises or to a similar easement to be granted
to Grantee by Grantor on Grantor's adjacent property-. within 120 days after written notice
to do so from Grantor. Grantor agrees that the fee for an relocated easement area on the
Premises or Grantor's adjacent property for the PIPELINE is hereby- waived. i
?\otxv*thstanding the foregoing. however. if for anv reason the PIPELPNE cannot be
relocated onto another area of the Premises or Grantor's adjacent property-: iii Grantor
shall have no obligation to obtain any real property rights to other property not owned b,,- �
Grantor in order to facilitate Grantee's relocation of its PIPELF E. which real property
rights must be obtained by Grantee at Grantee's sole cost and expense. and (ii) Grantee
acknow-ledues and agrees that Grantor's inability, to grant a similar eas:.ment on Grantor's i
adjacent propertfor relocation of the PIPELINI T shall not be a wvaiter of Grantee's
obligation to so relocate the PIPELI\TE.
11. This Easement shall be binding upon and inure to the benefit of the
heirs. executors. administrators. assigns and successors of Grantor. Grantee mai not
assign its rights in and to this Easement Agreement or the Premises unless the assignee
provides insurance coverage benefiting Grantor reasonably acceptable to Grantor.
TO HAVE AND TO HOLD THE SAME. together with all the hereditaments
and appurtenances thereunto belonging to Grantee for public use and enjoyment for the
purposes aforesaid and for no other purpose whatsoever subject to the terms and
conditions hereinbefore stated.
IN WIT\ESS WHEREOF. Grantor and Grantee hav- executed this Aareement
as of the 13th day- of AUGUST . 2006. v
CONTRA COSTA COLANTY BNSF RAILWAY COMPANY
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Name:
CEii IPr, 30.E OF SUPERVISOR i
�' Title:
Date: AUGLST 13, 2000
Attest:
Approved as to form: \ame:
Sil ano B. Marchesi. County Counsel Title-
B.-:
Deputy
Date:
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EASEvff-tiT AGRER-ENI WITH BNSr RA!Ui AY COMPANY
SUBDIVISIM 59184, P ,CHECO AREA DISTRICT II)
STATE OF CALIFORNIA )
) SS.
COLNTY OF CONTTRA COSTA
On AUGUST Ili, 2005 2006 CILNIR, BOARD OF SUPMISORS, J. GIOLlpersonalh
appeared before me LKEIDA L. SliARP Deputy- Clerk of the
Board of Supervisors, Contra Costa County . SL-PERVISOR JOHDC GIOLA is
personally known to me (or proved on the basis of satisfactory° evidence) to be the
person whose name is subscribed to the within instrument and acknowledeed to me
that he executed the same in his authorized capacity, and that by his signatures on the I
instrument the person, or the entity upon behalf of-which the person acted. executed the
instrument.
NVITNESS my hand and official seal.
DEP -TY CLERK
STATE OF - 1
ss I
COLttiTY OF
On , 2006. before me. a.votary- Public. State of
duly commissioned and sworn, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the i
persons whose names are subscribed to the within instrument, and acknowledged to me i
that thev executed the same in their authorized capacities. and that by their signatures on �
the instrument the persons, or the entity upon behalf of which the persons acted. executed
this instrument.
'WITN'ESS my hand and official seal.
ML
an. - Public. State of
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EXHIBIT "A"
Drawings and Specifications
[see attached]
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LEXHIBIT
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CONTRA COSTA COUNTY
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EXHIBIT
Premises
[See attached]
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EXHIBYT "B"
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PAU C N4k"WAY
LS 3271, EYR j-5/3ru"110DOCT�rk'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
STORM DRAIN EASEMENT AT RAILROAD
BEING PORTION OF PARCELS B AND C, 148 PM 2
LOCATED IN PORTION OF RANCHO LAS JUNTAS
CONTRA CCS A. COUN-Y, CALIFORN'A
-.1'el-cremn i3v
Luk and Associates
Civ'l
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a�-d -Cmd S-�-Vevcrs
/,8 AF---o kl:obe; --"r*ve
-lerc-jes, --c-Ho-ria 945. ' 7
MARCH 30, 2005 SCALE: 1"=50'
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EXHIBIT B"
Storm Drain Easement at Railroad
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The Storm Drain Easement-ef rred to he_"e_r is si_Lated within the land described it a deed to
T. &S. F. R ih-oad Co: -anr°, filed in Bock?9 0=Offic:a':Record_, P_Ee 533, County of Coir--a
Costa Record_ State of CG_fer:-li and :s described as folio is:
Beginning at Lie Sol:hXVest Co--,er of Patce: C as delineated on Parcel Man, SuDidi ision NIS
108-89, recorded on Jul, 31. 19y;i_.Book 1 8 e=Pa:-cel:laps" Page 1, Contra Costa Count.,
Records: -hence aion not::".boan::ar, of the :and cesc_ibed it said deet :o A. _. &S. F.
Rail:-oad Company, along a 17129.66 foo:radius uur e to :i:e left with tine radius poini bearing !
Nor-' 1°22'22"WCst from,the bei!irmin_ of this C:F""t'e, mrou.ah a ccn-'al a-iR1e of'i-K. 24'00". a::
arc distance of 12.0- feet: thence South 1v°1'712"East a distance o`149.43 feet_o the scuta
boundary of the of the land descr_bed in said deed to A. T. & S. =. Ra• read Company; silence,
along said scat;_bealldaz•;, aloe, a :_v_._8 fo:,_radia.. ^t.-- e to tan,right with the rad_us poi:tt
bearine No,.th I]'C412)I" Wes,. 'Cm t:e- be-aLln:nc cf ti-is cune, throug: a central male of
00-_4 '6". an arc dis.anc,o=_'0.0 1 f et: thence-orth 1'°: , 12"W es: a distance of 1-=9.1- =eet
to tate nort bot.rida_•y of the:and descr:bec .n said deed to A. S. F. Railrcad Cc npar_N
The_:Ce, alo__g said r_o`h boundary, a:•cn-a _ 29.66 foe:radius cui7veto tie left °ith the radius
poi t bearin6-No-h 11-1-613""'lav--3t t_om tl_c _:e_mn:ng of this curve,flirough a Central arltle oT
00=i -=-r", an arc-dis_a;,ce o=..93 _eet-o _ile Point of Beginning.
Containing 2,986 s,,.lare- fee:,more or less.
Prepared by Luk and Associates
o�NDf)
Paul Canumay,PLS 32'2 =11 PLS 3272 i m.j
Expires 6 31-YO6 t7iC`.-EXP 6 30.12006/4!
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Date:
This rcai proper-V descrip_ion.etas bee_,prepared by_r_c or ur_cer pry diremon in
conformarcevvitatileP_efessiona:Land S;nveyo_-s act.
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-. P T LGr._.:0ii3 .Ta DL..T.Eascrix-i[ 03=_a.-:02..3-.3 30165A0-
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LAW DEPARTMENT APPROVED
EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General
• 1.01.01 The Contractor mus cooperate with BNSF RAILWAY COMPANY. hereinafter referred to aS
"Railwav" where stork is over or under on or adiacem to Railwax propem and or right-of-wax. herea ver
referred to as "Railwax Propem". during the construction of one (I i PIPELINE. sevent•.-nvo (i_) inches in
diameter steel carrier.
• 1.01.02 The Contractor must execute and deliver to the Railwax duplicate copies of the Exhibit
Agreement. in the form attached hereto- obligating the Contractor to provide and maintain in full force and
effect the insurance called for under Section of said Exhibit"C-1".
• 1.01.03 The Contractor must pian. schedule and conduct all work activities so as not to interfere with the
movement o;anx trains on Railway Property.
• 1.01.04 The Contractor';;right to enter RailwaCS Property iS subjeci to the absolute right of Railttax to cause
the Contractof s work or. Raihtax's Propertx to cease if in the opinion of Railway. Contractor's activities create
a hazard to Railway's Property.employees.and or operations.
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• 1.01.0-9 The Contractor is responsible for determining and complxing with all Federal. State and Local
Governmental laws and reeulations. including.but not limited to environmental laws and reeulations Oncluding
bu: not 'limited to the Resource Conservation and Recover Act. as amended: the Clean Water Act. the Oil
Pollution. Act. the Hazardous Materials Transpotation Act. CERCLAL and health and safetx IawS and j
re,ulations. The Contractor herebx indemnifies. defends and holds harmless Railwm for. from and against all
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fines or penalties imposed or assessed bx Federal. State and Local Governmental Agencies against the Railwa_:
which arise out of Contractor's stork under this Agreement.
• 1.01.06 The Contractor must notify the Contra Costa Count% CAsenc%"i at and Rai'luax's
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Manager Public Projects.telephone number at least thim (=0i calendar da%-s before eommencins anv
work on Raihyav Propem. Contractor's notification to Railwax mus refer to Raiiroad's file
• 1.01.0' For am falsework above anv tracks or anv excavations located. whichever is treater. %%;thin
twenty-five (2_551 feet of the nearest track o- intersecting a slope from the plane of the top of rail: on a
horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track_ both measured
perpendicuiar to center 'line of track. the Contractor must furnish the Railway five sets of working drawings
shoyvin_ details of construction affecting Rail%tax Propem and tracks. The working drauinE must 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 am falsework. shoring or cribbing. All ca'lcuiationS mus:take
into consideration raihvav surcharse loading and must be designed to mee:American Railwax Enaineerin_and
Maintenance-o`-Wax Association tprexiouslx known as American Railwax- Eneineering associations Coopers
E-80 live ioadin_standard. All drawinas and calcuiations must be stamped b\a registered professional engineer
licensed to practice in the state the project is located. The Contractor must not begin work until notified bx the
Raihvax that pians have been approved. The Contractor will be required to use lifting devices such as. cranes i
and or winches to place or to remove anv falsework over Railway's tracks. In no case wili the Contractor be
relieved o'responsibilirt for results obtained bx the implementation o said approved pians.
• 1.01.08 Subject to the movement of Raiiwax'S rains. Railwav will cooperate with the Contractor such that the
work max be handled and performed in an efficient manner. The Contractor will have no claim tthatsoexer for
anx type of damages or for extra or additional compensation in the event his work is delaxed bx the Raiiwax.
1.02 Contractor Safetv Orientation
1 Form 0102 Ret.n' 20 n
■ 1.0:.01 No employee of the Contractor. its subcontractors.agents or invitees may enter Railway Property
without first hawing completed Railway's Engineering Contractor Safety Orientation. found on the web
site www.contractororientation.com. The Contractor must ensure that each of its employees.
subcontractors. agents or invitees completes Railway's Engineering Contractor Safety Orientation
through internet sessions before any work is performed on the Project. Additionally._ the Contractor
must ensure that each and every one of its employees.subcontractors.agents or invitees possesses a card
certifying completion of the Railway Contractor Safety Orientation before entering Railwaw Propert..
The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor
must renew the Railway Contractor Safety Orientation annuall_. Further clarification can be found on
the web site or from the Railway's Representative.
1.03 Railway Requirements
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• 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities. including
track ballast. free o:sand. debris, and other foreign obiects and materials resulting from his operations. any
damage to railway facilities resulting from Contractor's operations will be repaired or repiaced b% Railway and l
the cos:of such repair or replacement must be paid for by the Agency.
• 1.03.02 The Contractor must notifi the Railway'; Division Superintendent at
( i and provide blasting pians to the Railway for review seven (-1 caiendar dat s prior
to conducting any blasting operations adjacent to or or.Railway's Property.
• 1.03.03 The Contractor must abide by the foliotying temporarx clearances during construction:
• 1z- Horizontally from centerline of nearest track
■ 2F-6" Vertically above top of rail
• 27-0- Vertically above top of rail for electric wires cam in_less than '50 volts
•
28'-0" Verticall above top of rail for electric wires carrying 7,50 volts to 1:_000 colts
■ =0'-0" Verticallt above top of rail for electric wires car-in 15.000 volts to 20.000 colts
• -0" Vertically above top of rail for electric wires carrying more than;20.000 volts
• 1.03.04 Upon completion of construction.the following clearances shall be maintained:
• 25 Horizontally from centerline of nearest track
• _=' Vertically above top of rail
• 1.03.05 Am infringement within State statutory ciearances due to the Contractor's operations must be
submitted to the Railway and to the Agency and must not be undertaker. until approved in wThir.g bX the
Railwat. and until the Agency 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 appro%al.and or the State Regulator Authoriry's approval.
• 1.03.06 In the case e impaired vertical clearance above top o`rail, Railway_ will have the option of installing
tell-taies or other protective devices Raiitway deems necessary for protection of Railway operations. The cost of
tele-tales or protective devices will be borne by the Agency.
• 1.03.0' The details of construction affecting the Raiiway's Propem and tracks not included in the contract
pians must be submitted to the Railway bt the Agency_ for approval before work is undertaken and this work
must no-be undertaken until approved by.the Railway.
• 1.03.08 At other than public road crossings. the Contractor must no;move ant equipment or materials across
Railway's tracks untii permission has been obtained from the Railway. The Contractor mus* obtain a l
"Temporary Private Crossing ARreemew" from the Railway prior to moving his equipment or materials across
the Railwat°s tracks. The temporary crossing mus:be Rated and locked at all times when not required for use b}
the Contractor. The temporary crossing for use of the Contractor will be at the expense of th--Contractor. j
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Form 0102 Ret.01 20 0=
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a 1.03.09 Discharge. release or spill on the Raihwas Propem of am hazardous substances. oil. petroleum.
constituents. pollutants. contaminants. or am hazardous waste is prohibited and Contractor must immediateh
notif} the Railways Resource Operations Center at ](806) 832-54of am discharge. release or spills in
excess of a reportable quantir}- Contractor must not alloww Railway Propem. to become a treatment. storage o-
transfer facilit_c as those terms are defined in the Resource Conservation and Recovers Act or am state
analogue.
a 1.03.10 The Contractor upon completion of the work covered by this contract. must prompti\ remove from
the Railway's Propem all of Contractor's tools. equipment. implements and other materials. whether brought
upon said propem b} said Contractor or an,. Subcontractor. empiovee or agent of Contractor or of any
Subcontractor. and mus: cause Raiiway's Prop,--R to be left in a condition acceptable to the Raihwaw s i
representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety action Plan i
• '.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must deyejop and
implement a Roadway «'orkerProtection On Track Saf.n Program and work with Raihtac Prefect
Representative to develop an on track safer strategy as described in the guidelines listed in the on track safer-
portion of the Safer-Orientation. This Program must provide Roadwwaw Worker protection on track training for
all empimees of the Contractor. its subcontractor. agents or inyiteeS. This training iS reinforced at the job site
through job safer-briefings. Additionally. each Contractor must develop and implement the Safer- Action, Pian.
as provided for on the web site Rw-w.contractororientation.com. which will be made mailable to Rajiwm
prior to commencement of am work on Railway Propem. During the performance of .cork. the Contractor
must audit its work activities. The Contractor must designate an on-site Project Supervisor who trill sen e as th
contact person for the Railwaw and who wili maintain a copy of the Safer Action Plan. safer audits. and
Materia!Safety Datasheets(NISDS).at the lob site.
1.05 Protection of Railway Facilities and Railwa_.Flagger Services:
i
• 1.0501 The Contractor must give Railway's Roadmaster (telephone i a minimum of thim (-0)
calendar days advance notice when flagging services will be required so that the Roadmaster car. make
appropriate arrangements i i.e..bulletin the flagger's position). If flagging services are scheduled in advance by
the Contractor and it is subsequently determined by the parties hereto that such services are no ionger necessan.
the Contractor must give the Roadmaster five f5i wyorking days advance notice so that appropriate arrangements
can be made to abolish the position pursuant to union requirements.
a 1.05.02 Unless determined otherwise by Railwaw's Project Representative. Raiiwwm tlagger and protective
services and device s wwill be required and furnished when Contractor's work activities are located over. under
and-or wwithin twenty-five i_=l feet measured horizontalis from centerline of the nearest track and when cranes i
or similar equipment positioned be%ond -feet from the track centerline could foul the track jr. the even-of rip
over or other catastrophic occurrence-but not limited thereto for the following conditions:
I
a 1.05.02a \\-nen in the opinion of the Railway's Representative it is necessan°to safeguard Railway's Propem..
empjoyees.trains.engines and facilities.
a 1.05.02b When any etcayation is performed beloww the bottom of tie elevation. if. in the opinion of Railwm_'s
representative.track or other Railway facilities mm be subject to movement or settlement.
• 1.05.02c When work in any way interferes with the safe operation,of trains at timetable speeds.
a 1.05.02d Ther. any hazard is presented to Raihwa\track- communications. signal. electrical. or other facilities
tithe-due to persons.material.equipmen.or blast�ng in the vicinitw.
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a 1.05.02e Special permission must be obtained from the Railway before moving heavx or cumbe-some onjects i
or equipment which might result in making the track impassable_
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Form 010, Re 01 30 04
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• 1.05.03 Flagging services wili be pertormed by qualified Raihya-, flaggerS.
• 1.05.03a Flagging crew generally consists of one empioyee. However.additional personnel may be rea_uired to
protect Raihyay Propem and operations. if deemed necessan by the Raihya.s Representative.
• 1.05.03b Each time a flagger is called.the minimum period for billing will be the eight(S)hour basic day.
I
• 1.05.03c The cost of flagger services provided by the Railway_ when deemed necessan by the Railway's
representative. will be borne by the Agency. The estimated cost for one (1 flagger is 5600.00 for an eight(S)
hour basic day with time and one-half or double time for ov=ertime. rest da.s and hoiidays. The estimated cos;
for each flagger includes vacation allowance. paid hoiidav°s. Railway and unemployment insurance. public
liability and propem damage insurance. health and welfare benefits_ transportation- meals. lodging anc
supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by
appropriate Federal authorities ma.increase actual or estimated flagging rates. The flagging rate in effect at the
time of performance bv_ the Contractor hereunder will be used to calculate the actual costs of flagging pursuant
to this paragraph.
• 1.05.03d The average train traffic on this route is freight trains per 34-hour period at a timetable speed
\1PH and passenee:trains at a timetable speed of MPH.
1.06 Contractor General Safety Requirements I
• 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 must be in compliance with FR-V Roadway Worker Protection Regulations.
• 1.06.02 Before beginning am task on Railway Property. a thorough job safety briefing must be
conducted with all personnel invoked with the task and repeated when the personnel or task changes. If
the task is within 25 feet of anv track.the job briefing must include the Railway's flagger. as applicable.
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 must not work within 25 feet of the centerline of any track without an on track safer
strategy approved by the Railway's Project Representative. When authority is provided. ever}
contractor employee must know: (1) who the Railway flagger is. and how- to contact the flagger. (2)
limits of the authorir.(3)the method of communication to stop and resume work.and (4) location of the
designated places of safety. Persons or equipment entering flag work limits that were not previously job
briefed. must notify the flagger immediately.and be given a job briefing when working within 2-9 feet of
the center line of track.
• 1.06.04 when 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 must be present at all times.
• 1.06.05 any employees. agents or invitees of Contractor or its subcontractors under suspicion of being under I
the influence of drugs or alcohol.or in rhe possession o same. IN-ill be removed from the Railway's Propem and
subsequentl: released to the custody of a representative of Concasor management. Future access to the i
Railway's Propem by that employee will be denied.
• 1.06.06 any damage to Railway Proper-x. or arty hazard noticed on passing trains must be reported
immediately to the Raiiwav's representative in charge of the project. Any vehicle o-machine which may come
ir, contact with track. signal equipment or structure i_rridgei and could result in a train derailment mus: be
reported immediately to the Raiiww, representative ir, charge of the prpiect and to the Railway's Resource
Operations Center at 18001 8322-5452. Locai emergency_ numbers are to be obtained from the Raihva_y
representative in charge of the proiec;prior to the start of an work and must be posted a:the Job site.
i
T Form 0102 Rey. Qi 20 OZ.
I
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• 1.06.0" For safer reasons. all persons are prohibited from hawing pocket knives. firearms or othe- dead]-
weapons in their possession while working on Raihra_x's Propem.
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• 1.06.08 All personnel protective equipment(PPE used on Railwaw Propem must meet applicable OSHA and
A\SI specifications. Current Railway personnel protective equipment requirements are listed on the %web sin. I
twww.contractororientation.com. however. a partial list of the requirements include: a) safetc glasSes ww;th i
permanent] affixed side shields (no -ellow. lenses): bi hard hats c Safetx shoe with: hardened toes.
above-the-ankle lace-up and a defined heel: and di high visibility retro-reflective work wear. The Railroad s
representative in charge of the proiect is to be contacted regarding local specifications for meeting reouirement
relating to hi-visabilitx work wear. Hearing protection. fall protection. gloves_ and respirators must be worn as
required bx State and Federal regulations. (NOTE—Should there be a discrepanev between the information
contained on the web site and the information in this paragraph.the web site will govern.)
• 1.06.09 The Contractor must not pile or store an-materials. machinert or equipment closer than �`-0" to the ;
center iine of the nearest Rail.a- track. '-Material. machine! or equipment must not be stored or ieft within
25�0 feet of an- hi--hw.av rail at---rade crossin--s. %%her-, storaee of the Same will interfere with the sight
distances of motorists approaching the crossing. Prior to beginning work. the Contractor must establish a
storage area with concurrence of the Railroad's representative.
• 1.06.10 Machines or vehicies must not be left unattended with the engine running. Parked machines o-
equipment must be in gear with brakes se: and if equipped with blade_ pan or bucket. the- must be lotwered to
the ground. All machinerw and equipment left unattended on Railway's Prop-_m must be left inoperable and
secured against movement. (See internet Engineering Contractor Saf tv Orientation program for more detailed
specifications)
• 1.06.11 Workers must not create and leave am conditions at the work site that would interfere tcith .%aw-
drainage. Art-work performed over wwater must meet all Federal. State and Local regulations.
• 1.06.12 All power iine wires must be considered dan--erouS and of high voltage unless informed to the contran ;
bw proper authoritt. For all power lines the minimum clearance between the lines and an-, of the
equipment or load must be:200 KV or below- - 15 feet: 200 to =50 KV -'-0 feet: ==0 to _500 KV - 25 fee-.: 500
to 0 KV-:: feet:and'iO to 1000 KV-4= f et. if capacit of the line is not knowvn. a minimum clearance of
4: feet mus: be maintained- A person, must 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 b-visual
means.
1.0- Excavation
• 1.0-.01 Before excavating. the Contractor must determine .whether an- underground pipe lines. electric ww:res.
or cables. including fiber optic cable systems are present and located within the Proiect work area. The
Contractor must determine whether excavation on Railwaw's Propem could cause damage to buried cables
resulting in dela-to Railtwax traffic and disruption of service to users. Delays and disruptions to service maw
cause business intor-uptions involving loss of revenue and profhS. Before commencing exca-a_ion. the
Contractor must contact 6NS "s Field Engineerin Representative All underground and
overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the compan "raving
ownership of the iine. it is the Contractor's responsibilitw to notif} any other companies that have
underground utilities in the area and arrange for the location of all underground utilities before
excavating.
• 1.0-.0= The Contractor must cease all work and notifc the Railwaw immediatelw before continuing excavation
in the area if obstructions are encountered which do not appear on drat%in--s. If the obstruction is a unlit; and
the owner of the utiiitw war be identified.then the Contractor must also notift the owner immediateiw. If there !
is am doubt about the location of underground cables or lines of anc kind_no work must be performed unti!the i
exact iocation has been determined. There will be no exceptions to these instructions.
• 1.07.03 All excavation must be conducted in compliance with anpiicable OSHA reguiations and_ regardiesS of
depot.mus:be shored where there is am dange-to tracks. structures or personnel.
Form 010' Ru-%. u'. 20 f i_
• 1.07.04 Anx excavations. holes o- trenches on the Railway's Propemmust be covered. r
guarded ando
protected when not being worked on. When leaving work site areas at night and oyer, weekends_the areas must
be secured and left in a condition that will ensure that Raihyay emplox-ees and other personnel who may be
working or nassing through the area are protected from all hazards. All excavations must be back tilled as soon ;
as possible.
1.08 Hazardous Waste.Substances and Material Reporting
• 1.08.01 I=Contractor discovers am hazardous waste. hazardous substance_ petroleum or other deleterious j
material. including but not limited to am non-containerized commoditx or material_ on or adiacem to Railway's
Propem in or near am surface water. swamp. wetlands or waterwaxs. while performing any work under this
Agreement. Contractor must immediateh•: (al notifj the Railways Resource Operations Center a_ 1(800)
8=_-i4 _, of such discover: (bi take saf guards necessan to protect its employees. subcontractors. agents
and or third parties: and(cl exercise due care with respect to the release, including the taking of any appropriate
measure to minimize the impact of such release.
I
1.09 Personal Injury Reporting
• 1.09.01 The Railway is required to report certain injuries as a pan of compliance with Federal Railroad
Administration(FRA)repotting requirements. Any personal injury sustained by an employee of the Contractor.
subcontractor or Contractor's invitees while on the Railway's Propem must be reported immediateiy (bx phone
mail if unable to contact in person)to the Railway's representative in charge or the prefect. The l�or-Emplo}ee
Personal Iniurx Data Collection Form contained 'herein is to be completed and sent by Fax to the Railway at
1(81-) »2-7;9= and to the Railway's Proiect Representative no later than the close of shift on the date of the I
injury.
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I
(� Form 0102 Rev. 0 _0 0r
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
I\FORMATIO\ REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD
BE USED FOR COMPLIANCE WITH FEDERAL REGULATION'S ONLY AND IS\OT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
i. Accident Ciry St 2. Date: Time:
Count%: Temperature: 4. Weather
iifnon-Raihcai location
Social Security _
6. Name(last. first. mil
7. Address: Street: Cit.: St. Zip:
S. Date of Binh: and or A_e Gender:
i if av ailable i
9. (a) Iniur : (b)Bodx Pan:
(i.e. (a)Laceration(b)Handl
11. Description of Accident(To include location. action.result.etc.):
12. Treatment:
First Aid Onh
Required Nledical Treatment
Other Medical Treatment
_. Dr.Name --0. Dat::
I
;-I. D:.Address:
Street: Cit.: St: Zir:
1 Hospital Name:
16. Hospital Address:
Street: Cin: St: Zip:
F. DiaL-nesis
FAX TO
RAILWAY AT(Sl')3-552--r-59-5
AND COPY TO
RAILWAY ROADMASTERFAX
Form 010=Rex. 01 20 0�
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LAW DEPARTMENT APPROVED
EXHIBIT "C-1"
Agreement
Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
BNSF RAILWAY COMPANY
Attention: Manager Public Projects
Railwat File:
Agency Project- j
Gentlemen:
The undersigned (hereinafter called. the '-Contractor'.i. has entered into a contract (ine "Contrac:")damed
. 2006. with CONTRA COSTA COUNTY. a political subdivision of the State of California. for
the performance of certain work in connection with the following proiect: Construction of one 11 i PIPELINE-
-2) inches(-_i inches in diameter steel carrier. Pertormance of such Work will n-ecessarilx require contactor to
enter BNSF RAILWAY COMPANY ("Raihcat/"i richt of wax and property ("Railwax Propem"). The Contract
protides that no work will: be commenced within Railvcax Propem until the Contractor employed in conn--;.tion
with said work for Contra Costa Countx (i) executes and deiiters to Raihcax an Agreement in the form hereof, and
(ii) protides insurance of the coverage and limits specified in such Agreement and Section = herein. If this I
Agreement is executed bt a pam who is not the Owner. General Partner.President or rice President of Contractor.
Contractor must turnish evidence to Raihcat certining that the signator% is emoow'ered to execute. this A!*reem-ent
on behalf of Conr.actor. _
Accordin2h. in consideration of Raihcat granting permission to Contractor to enter upon Railway Propem
and as an inducement for such -,nm. Contractor. effective on the date of the Contract. has agreed and does her--b-,
agree with Raihcat as follows: -
- - I
Section 1. RELEASE OF LIABILITY AND INDEMNITY
Contracto* herebt waives. releases. indemnifies_ def nds and holds harmless Raiiwax for all iud--m-ers.
awards. claims. demands. and expens-eS (including arromex; fees-). for mjur- or death-) to all persons- ir-cluding
Raihxax's and Contractor's officers and emploxees. and for loss and damage to propem belonging to any person.
arising in ant manner rrom Contractors or ant of Contractors subcontractors' acts or omissions or ant work
pertonned on or about Railways propem or right-of-wax. THE LIABILITY ASSUMED BY CONTRACTOR
WILL NOT BE AFFECTED BY THE FACT. IF iT IS A FACT. THAT THE DESTRUCTION. DAMAGE.
DEATH. OR INJURE WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLiGENCE OF �
RAILWAY. ITS AGENTS. SERV=ANTS. EMPLOYEES OR OTHERWISE. EXCEPT TO THE EXTENT
THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE
NEGLIGENCE OF RAiLWAY.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY
CLAiMS. SLITS OR JUDGME-TS 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 Raihxax.tha_ it wile adiust and settle
all claims made against Raiiwax. and will. at Railways discretion. appear and defend am suits or actions of lata or
it.. -equitA brought against Railwat on am ciaim or cause of action arising e- growing out of or in anti manner
j
Fom 01 i? Rev-
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connected with am liabilin assumed by Contractor undo:this A-reement to-which Railway is liable or is a'-lesec to
be liable. Railway will sire notice to Contractor. in: writing. of the receipt or dependency of such claims and i
thereupon: Contractor must proceed to adiust and handl:to a conclusion such claims.and in the event of a suit being
brou_sht asains:Railway. Railway max forward summons and complaint or other process in connection therewith to
Contractor- and Contractor. at Railways discretion- must defend. adiust. or settle such suits and protect_ indemnifi.
and save harmiess Raihcay from and asainst all damages. judgments. decrees. attorney's fes. costs_ and expenses
arowina out of or resultin=from or incident to any such claims or suits.
it is mutualh- understood and agreed that the assumption of liabilities and indemnification provided for it:
this Agreement sun iye an termination of this Agreement.
Section 3. TERM
This .agreement is effective from the date of the Contract until ii i the completion of the project set forth
herein. and (iii full and complete payment to Rail ay of an_x and all sums or other amounts owine and due
hereunder.
I
Section 3. 1\SM4NCE
Contractor must.at its sole cost and expense.procure and maintain during the life of this Agreemen_the
folloxying insurance coyerase:
A. Commercial General Liabilitx-insurance. Tnis insurance must contain broad form contractual liabiiin_
with a combined single limit of a minimum o 52.000,000 each occurrence and an aggregate limit o'a:
least 54.000.000. Coverage must be purchased on a post 1995 ISO occurrence form or equiyalem anc
include coverage for. but not limit to the folio"mE:
• Bodily Iniun and Propem Damage
• Personal injure and Advertising Iniurc
• Fire lega: iiability
• Products and completed operations
i
This policy must also contain the following endorsements. which must be indicated on the certificate o:
insurance:
• It is agreed that any workers' compensation exclusion does not apply to Railroad paxments
related to the Federal Emploxers Liabilit- .act or a Railroad Wase Continuation Program or
similar programs and any payments made are deemed not to be either payments mad: or
obligations assumed under am Workers Compensation. disability benefits. or unemploxmem
compensation lays or similar lays. �
• The definition, of insured contract must be amended to remove any exclusion or other
limitation for am•work being done within 50 feet of railroad Propem. 1
• Am exciusions related to the explosior..collapse and underground hazards must be remoyeU.
\o other-endorsements limiting coverage as respects obligations under this-agreement may be included on
the Doiicy.
B. Business Automobile Insurance. This insurance must contain a combined single limit of at leas-
S1.000.000
eas51.000.000 per occurrence_ and include coverage for. but not limited to the Following:
♦ Bodil} iniun and Propem damage
♦ Any and all vehicles owned. used o-hired
C. V orkers Compensation and Empioxers Liability insurance including coverage for.but not limited to:
♦ S statutorc iiability under the worker's compensation laky- of the status; in
which the work is to be performed. If optional under State iayy, the insurance must coyer all
employees anyway.
Form 0103- Re.-.--1 -- --
I
♦ Employers Liabilin (Part Bl with limits of at least 5_500.000 each accident_ 5100.000 bx_
disease polis} limit. 5-500.000 b} disease each employee.
i
D. Railroad Protective Liabilin insurance naming oriv the Railroad as the Insured with coverage of at i
least S2.000.000 per occurrence and 56.000.000 it.the aggregate. The police Aust be issued on a standard
ISO form CG 00 35 10 93 and include the following:
• Endorsed to include the Pollution Exclusion Amendment(ISO form CG 28 31 10 93
• Endorsed to include the Limited Seepage and Pollution Endorsement.
• Endorsed to remove anv exclusion for punitive damages.
• No other endorsements restricting coverage may be added. I
• The original polisx must be provided to the Railroad prior to performing, am work or services
under this Agreement
Other Requirements:
i
All policies iapplyin_ to coverage listed abovel must not contain an exclusion for punitive damages and
certificates of insurance must reflect that no exclusion exists.
Contractor agrees to waive its richt of recover` asainst Railroad for all claims and suits against Railroad.
In addition. its insurer. through the terms of the polis}- or poiicy endorsement. waive thei- right of subrogation
asainst Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation
endorsement. Contractor further waives its right of recoverx. and its insurers also waive their rich_ o subrogation
against Railroad for loss of its owned or leased propem or prop--m-under contractor's care. custody or control.
Contractors insurance policies through policy endorsement. must include wording which states that the
policy is primas and non-contributing. with respect to any insurance carried by Railroad. The certif;cat_ of
insurance must reflect that the above wording is included in evidenced policies.
.all policyCies required above (excluding Workers Compensation and if applicable. Railroad Protective
must include a severabilin o interest endorsement and Railroad must be named as an additional insured with
respect to work performed under this agreement. Severabiiin of interest and naming Railroad as additional insured i
must be indicated on the certificate of insurance.
Contractor is not allowed to self-insure without the prior written consent of Railroad li granted by
Railroad. am deductible. self-insured retention or othe-financial responsibilitc for claims must be covered direct]- i
bx contractor in lieu of insurance. Anv and all Railroad liabilities that would otherwise. in accordance with the
provisions of this Agreement. be covered by contractors insurance will be covered as if contractor elected not to
include a deductible. self-insured retention or other financial responsibility for claims- i
Prior to commencini the Rork. contractor must furnish to Railroad an acceptable cer ificate(s o--
insurance
`insurance including an original signature of the authorized representative evidencing the rea_uired coverage.
endorsements. and amendments and referencing the contract audit folder number if available. The poiicv(ieS 1 must
contain a provision that obligates the insurance company(ilsi issuing such policyCies) to notif` Railroad in writing i
at least =0 days prior to any cancellation. non-renewal. substitution, or material alteration. This cancellation
provision must be indicated on the certificate of insurance. Upon request from Railroad. a certified duplicate i
original ti am required poiic}mus-,De furnished. Contractor should send the certificates to the following address:
BNSF RAILWAY Y COMPANY i
P.O. Bos 13010-BN
Hemet. California 92x46-8010
Fax: 909--66-2399
I
i
rcrr a : t<c).- -
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Am insurance police must be written by a reputable insurance compan} acceptable to Railroad or with a
current Bests Guide Rating of A-and Class V11 or better. and authorized to do business in. the stateis i in which the
ser rice is to be provide.
Contractor represents that this Agreement has been thoroughly reviewed by contractors insurance
agenusibrokerlsi, who have been instructed by contractor to procure the insurance coverage required bx this
Agreement. Allocated Loss Expense must be in addition to all policx limits for coverages referenced above.
Not more frequent]% than once every fire years. Railroad may reasonably modify the required insurance coverage
to reflect then-current risk management practices in the railroad indusm and underwriting practices in the insurance
indusm_.
If anx portion of the operation is to be subcontracted by contractor. contractor must require that the
subcontractor provide and maintain the insurance coverages set forth herein. naming Railroad as an additional
insured. and requiring that the subcontractor release. defend and indemnif} Railroad to the same extent and under
the same terms and conditions as contractor is required to release_defend and indemnifj Railroad herein.
Failure to Provide exidence as required by this section will entitle. but not require. Railroad to terminate
this-=Agreement immediately. Acceptance of a certificate that does not compl_with this section will not operate as a
waiver of contractor's obligations hereunder.
The fact that insurance (including. without limitation. sel`insurance) is obtained by contractor will no:be
deemed to release or diminish the liabiiitc of contractor including. without limitation. liability unde-the indemnity
provisions of this Agreement. DamaseS recoverable by Railroad will not be limited by the amount of the required
insurance coyerase.
For purposes of this section. Railroad means "Burlington Northern Santa Fe Corporation". "BNSF
RAILWAY COMPANY"and the subsidiaries. successors. assisns and af-iiiates of each.
Section 4. EXHIBIT "C" CONTRACTOR REQUIRE`IENTS
The Contractor must observe and complx with all provisions. obligations. requirements and limitations
contained in the Contract. and the Contractor Reauirements set forth on Exhibit"C" attached to the Contrac,.and this
Agreement. . including. 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
asents or subcontractors on or about the construction site.
Section 5. TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway_ (inciuding its affiliated i
railway companies. and its tenantsi for. from and against all damages arising from any unscheduled deja: to a
freight or passenger train which affect_ Railways abiiin-to fully utilize its equipment and to meet customer sere
vic
and contract obligations. Contractorwili be billed. as further provided below. for the economic josses aris)'na from
loss 0`use of equipment contractual loss of incentive pad and bonuses and contractual penaltieS resulting from train
delays. whether caused by Contractor. or subcontractors_ or by the Railway performing work under this Agreement.
Railway agrees that it will rim perform any act to unnecessarily cause train delay. i
For loss of use of equipment_ Contractor will be billed the current freight train hour rat_ pet trair. as
determined from Railwa—'s records. Any disruption to train:traffic max cause delays to multiple trains at the same
time for the same period
.Additionally. the parties acknowledge that passenger. L.S. mail trains and certain other =rain. intermodai.
coal and freight trains operate unaer incentive penal€ contracts between Railway and is customen_s. Lnder these
arrangements_ if Rail"ay does not meet its contract service commitments. Railwax may suffer loss of performance
or incentive pa- and or be Suejec; to penaln pa.ymentS. Contractor is responsible for an, train performance and
incentive penalties or other contractual economic losses actuallx incurred by Railway which are attributable to a
-rain deiay caused by Contractor or its subcontractors.
4 I
Form ull-1- R_:. ' - --
I
The contractual relationship between Railway and its customers is proprietan and confidential. In the
event of a train delay cowered bw this Agreement Rail wav will share information relevant to any train d--taw to the
oxtent consistent with Rail waw confidentialit_ obligations. Dama_ees for train dela_. for certain trains maw be as high i
as 550.000.00 per incident.
Contractor and its subcontractors must give Railway's representative( ) weeks advance
notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually
agreeable work windows for the project. Railway has the right at any time to revise or chance the work
windows due to train operations or service obligations. Railway will not be responsible for any additional
costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a
change in work windows shall be accounted for in Contractor's expenses for the project.
Contractor and subcontractors must plan.schedule.coordinate and conduct all Contractor's work so
as to not cause anv delays to any trains.
Kindly acknowwledoe receipt of this letter b% signing and returning to the Rail wa_w two original copies of this
ietter,which. upon execution bw_ Rail wa_w.will constitute an A-areement between us.
(Contractor) B1SF Railway Company
By: B%-:
-
Printed-Name: Name:
Title: Manager Public Projects
Contact Person: Accepted and effective this day_ of 2006.
Address:
Cite: State:_Zip:_
Fax:
Phone:
E-mai::
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For—a 1 Re:. -,-1 -- __