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HomeMy WebLinkAboutMINUTES - 10212014 - C.03RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with BNSF Railway Company to acquire a license in property owned by BNSF for the Orwood Road Bridge Replacement Project, Knightsen area. Project No. 0662-6R4076, Federal Project No.: BRLO 5928(045) FISCAL IMPACT: 100% Federal Highway Bridge Program (HBP) funds. BACKGROUND: Contra Costa County has received HBP funds to replace the Orwood Road Bridge over Werner Dredger Cut in the Knightsen/Brentwood area. On August 13, 2013, the County Board of Supervisors approved the Orwood Road Bridge Replacement project and adopted the Mitigated Negative Declaration in compliance with the California Environmental Quality Act. In order to construct the project, temporary closures and periods of limited access will be needed on Werner Road access to Palm tract at the eastern end of the bridge. During these periods of limited access and closures, the County will provide an alternate access requiring use of railroad property. Prior to opening the alternate access, the County’s APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/21/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, 925-313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 21, 2014 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 3 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:October 21, 2014 Contra Costa County Subject:License Agreement with BNSF Railway Company for the Orwood Road Bridge Replacement Project, Knightsen area. BACKGROUND: (CONT'D) bridge contractor will improve the existing area for the intended use. The work consists generally of bollard and tree removal, placement of minor fill in low area, installation of gravel surfacing, installation of temporary k-rail, gates, and other devices to restrict traffic. Upon completion of the bridge project, the County’s contractor will return the area to the pre-project condition minus the tree. The purpose of the License between the County and BNSF Railway Company is to document the conditions for the County’s temporary use of BNSF property. The conditions include payment of a $3,650 fee for use of the property, restoration of the area to the pre-project condition upon completion of the work, indemnification of BNSF, and insurance requirements of the County’s contractor, including railroad protective liability insurance. The agreement recognizes the County as a self-insured entity and does not require the County to acquire additional insurance. The License form represents an extended coordination effort between the legal and risk management groups of both BNSF and the County to develop an agreement that is agreeable to both parties. CONSEQUENCE OF NEGATIVE ACTION: If this License is not approved, the bridge project will be unable to move forward. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS License Agreement with BNSF