HomeMy WebLinkAbout5088 RESOLUTION NO. 5 0 8 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURN AND
BURLINGTON NORTHERN SANTA FE RAILWAY
RELATING TO THE 37TH AND B STREET
NORTHWEST PRE-SIGNAL PROJECT
WHEREAS, the City desires to improve the safety and efficiency of the at-
grade BNSF Railway Company crossing ("crossing") at the intersection of 37tH
Street NW and B Street NW; and
WHEREAS, the need for improvements at the intersection of 37th Street
NW and B Street NW is recognized in Auburn's adopted Transportation
Improvement Program; and
WHEREAS, installing a pre-signal at the BNSF railway crossing, thereby
mitigating the impacts from the proposed BNSF third mainline rail, will improve
the safety and efficiency of the at-grade crossing at the intersection of 37th
Street NW and B Street NW; and
WHEREAS, the pre-signal system requires BNSF to upgrade its pre-
emption system to provide advance indication of approaching trains at the City's
expense; and
WHEREAS, BNSF requires execution of a Construction and Maintenance
Agreement to construct the pre-emption system improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
-----------------------------
Resolution No. 5088
August 4, 2014
Pagel
Section 1. The Mayor is hereby authorized to execute a Construction
and Maintenance Agreement, in substantial conformity with the agreement
attached hereto, marked as Exhibit "1" and incorporated herein by this
reference. In addition, the Mayor is hereby authorized to execute any
necessary future agreement amendments related to the Construction and
Maintenance Agreement.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of c , 2014.
CITY OF AUBURN__ II
ANCY CR US
MAYOR
ATTEST:
kazjL2 n_a��
Danielle E. Daskam,
City Clerk
APP E TO FO M:
D I B. Hei ,
City Attorney
-----------------------------
Resolution No. 5088
August 4, 2014
Page 2
J
HIGHWAY-RAIL SIGNAL INTERFACE AGREEMENT
BNSF File No.: BF10006373
Mile Post 19.16
Line Segment 051
U.S. DOT Number 085647H
Seattle Subdivision
THIS HIGHWAY-RAIL SIGNAL INTERFACE AGREEMENT (hereinafter called, this
"Agreement"), is entered into effective as of 69,2.4,Zo 14 ("Effective Date"), by and
between BNSF Railway Company, a Delaware Corporation (hereinafter called, "BNSF"), and
City of Auburn WA Public Works (hereinafter called, the"Agency").
WITNESSETH
WHEREAS, BNSF has grade crossing warning devices located at the intersection of 37`"
Street NW and B Street NW, DOT 4 085647H, Line Segment 051, Mile Post 19.16, as indicated
on Exhibit A attached hereto and made a part hereof,
WHEREAS, Agency desires to preempt the highway traffic control signals with the grade
crossing warning devices shown on Exhibit A; and
WHEREAS, BNSF will allow the Agency to preempt the highway traffic control signals
with the grade crossing warning devices shown on Exhibit A subject to the mutual covenants
contained in this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
1. PURPOSE
The purpose of this Agreement is as follows: provide for the installation and maintenance
of the improvements described below at the intersection of 37th Street NW and B Street
NW at-grade crossing.
1
2. SCOPE OF WORK
a. The Agency must provide BNSF in writing, using the BNSF Preemption
Worksheet attached hereto and made part of this Agreement as Exhibit D, with
the total preempt cycle time required from the start 'of the preempt cycle of
highway traffic control signals until the arrival of the train at the highway-rail
crossing.
b. BNSF will provide an interface box with contact terminals, at Agency's expense
on the side of the railroad instrument cabin.
C. Agency or its contractor will place all necessary cable and conduit on Railroad
property, as approved by BNSF and in compliance with the BNSF Utility
Accommodation Manual http://www.bnsf.com/cominunities/faqs/pdf/utility_pdf ,
at the locations shown on Exhibit A, attached to and made a part of this
Agreement.
d. The Agency or its contractor will connect the highway traffic control signals to
the contact terminals in the interface box including all necessary cable and
conduit.
e. BNSF will provide flagging services, at Agency's sole expense as set forth in
more detail on Exhibit C attached to and made a part of this Agreement.
f. The Agency or its contractor must install the new highway traffic control signals
on the existing BNSF cantilever.
g. An estimate of the actual costs for BNSF work is shown on Exhibit B attached to
and made a part of this Agreement. In the event installation of the improvements
has not commenced within six (6) months following the effective date of this
Agreement, BNSF may, in its sole and absolute discretion, revise the cost
estimates set forth on Exhibit B. If the cost estimates are revised, the revised cost
estimates will become a part of this Agreement as though originally set forth
herein. Any item of work incidental to the items listed on Exhibit B not
specifically mentioned therein may be included as a part of this Agreement upon
written approval of the Agency, which approval will not be unreasonably
withheld.
h. The Agency must pay BNSF for the actual costs of any work performed by BNSF
under this Agreement within thirty (30) days of the date of the invoice for such
work. During the construction of the improvements, BNSF may send Agency
progressive invoices detailing the costs of the railroad work performed by BNSF
under this Agreement. Upon completion of the improvements and all associated
work, BNSF will send Agency a detailed invoice of final costs, segregated as to
labor and materials for each item in the recapitulation shown on Exhibit B.
2
Agency must pay the final invoice within ninety (90) days of the date of the final
invoice. BNSF will assess a finance charge of.033%per day (12% per annum) on
any unpaid sums or other charges due under this Agreement which are past its
credit terms. The finance charge continues to accrue daily until the date payment
is received by BNSF, not the date payment is made or the date postmarked on the
payment. Finance charges will be assessed on delinquent sums and other charges
as of the end of the month and will be reduced by amounts in dispute and any
unposted payments received by the month's end. Finance charges will be noted
on invoices sent to Agency under this section.
3. CONSTRUCTION AND MAINTENANCE
a. BNSF will operate and maintain, at its expense, the necessary relays and the other
materials required to preempt the highway traffic control signals with the grade
crossing warning devices.
b. BNSF will to operate and maintain, at its expense, the railroad crossing warning
devices up to the contact terminals in the interface box.
C. The Agency or its contractor must, at the Agency's expense, install the highway
traffic control signals up to and including connection to the contact terminals in
the interface box including all necessary cable and conduit.
d. Following installation of the traffic control signals, the Agency will own, operate
and maintain, at its expense, the highway traffic control signals up to and
including connection to the contact terminals in the interface box including all
necessary cable and conduit.
e. For any future inspections or maintenance, routine or otherwise, performed by
subcontractors on behalf of the Agency, Agency shall require the subcontractors
to execute the C documents. Prior to performing any future maintenance with its
own personnel, Agency shall: comply with all of BNSF's applicable safety rules
and regulations; require any Agency employee performing maintenance to
complete the safety training program at the BNSF's Internet Website
"contractororientation.com"; notify BNSF when, pursuant to the requirements of
exhibit C, a flagger is required to be present; procure, and have approved by
BNSF's Risk Management Department, a Railroad Protective Liability insurance.
4. PROTECTION OF UNDERGROUND SYSTEMS
a. Agency and its contractor is placed on notice that fiber optic, communication and
other cable lines and systems (collectively, the "Lines") owned by various
telecommunications or utility companies may be buried on BNSF's property or
right-of-way. The Agency or its contractor must contact appropriate personnel to
3
have the Lines located and make arrangements with the owner of the Lines
regarding protective measures that must be followed prior to the commencement
of any work on BNSF's property. The Agency or its contractor will be
responsible for contacting BNSF and the telecommunications or utility companies
and notifying them of any work that may damage these Lines or facilities and/or
interfere with their service. The Agency or its contractor must also mark all Lines
in order to verify their locations. Agency or its contractor must also use all
reasonable methods when working in the BNSF right-of-way or on BNSF
property to determine if any other Lines (fiber optic, cable, communication or
otherwise) may exist.
b. Agency or its contractor will be responsible for the rearrangement of any facilities
or Lines determined to interfere with the installation or construction of the
improvements. Agency and/or its Contractor must cooperate fully with any
telecommunications or utility company(ies) in performing such rearrangements.
C. Failure to mark or identify Lines will be sufficient cause for BNSF to stop
construction at no cost to BNSF until these items are completed.
d. In addition to the liability terms contained elsewhere in this Agreement, Agency
and its contractor hereby indemnify, defend and hold harmless BNSF for, from
and against all cost, liability, and expense whatsoever (including, without
limitation, attorney's fees and court costs and expenses) arising out of or in any
way contributed to by any act or omission of Agency or its contractor,
subcontractors, agents and/or employees that cause or in any way or degree
contribute to (1) any damage to or destruction of any Lines on BNSF's property
or within BNSF's right-of-way, (2) any injury to or death of any person employed
by or on behalf of(a) any telecommunications or utility company, (b) Agency's
contractor or subcontractors, or (c) Agency, and (3) any claim or cause of action
for alleged loss of profits or revenue by, or loss of service by a customer or user
of such telecommunications or utility company(ies).THE LIABILITY
ASSUMED BY AGENCY OR ITS CONTRACTOR WILL NOT BE
AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE,
DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM
WAS OCCASIONED BY OR CONTRIBUTED TO BY THE
NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR
OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE
PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR
GROSS NEGLIGENCE OF BNSF.
5. INDEMNIFICATION
a. Agency hereby indemnifies, defends and holds harmless BNSF for, from and
against any and all claims, suits, losses, damages, costs and expenses for injury to
or death to third parties or BNSF's officers and employees, and for loss and
damage to property belonging to any third parties (including damage to the
4
i
property of BNSF officers and employees), to the extent caused by the negligence
of the Agency or any of its employees, agents or contractors. The Agency also
releases BNSF from and waives any claims for injury or damage to the Agency's
highway traffic control signals or other equipment which may occur as a result of
any of the work provided for in this Agreement or the operation or the
maintenance thereafter of any of the Agency's highway traffic control signals,
cables, connections at and about the grade crossing.
b. To the fullest extent permitted by law, Agency hereby releases, indemnifies,
defends and holds harmless BNSF and BNSF's affiliated companies, partners,
successors, assigns, legal representatives, officers, directors, employees and
agents for, from and against any and all claims, suits, liabilities, losses, damages,
costs and expenses (including, without limitation, attorneys fees and court costs)
for injury to or death to Agency employees, agents or representatives arising out
of, resulting from or related to any act or omission of Agency or any work
performed on or about BNSF's property or right-of-way. THE LIABILITY
ASSUMED BY THE AGENCY IN THIS PROVISION WILL 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 RAILROAD,
ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT
TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY
CAUSED BY THE SOLE NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF BNSF.
C. The Agency further agrees, at its expense, in the name and on behalf of BNSF,
that it will adjust and settle any claims made against BNSF and will appear and
defend any suits or actions at law or in equity brought against BNSF on any claim
or cause of action arising or growing out of or in any manner connected with any
liability assumed by the Agency under this Agreement for which BNSF is alleged
to be liable. BNSF will give notice to the Agency in writing of the receipt of
pendency of such claims and thereupon the Agency must proceed to adjust and
handle to a conclusion such claims, and in the event of a suit being brought
against BNSF, BNSF may forward the summons and complaint or process in
connection therewith to the Agency, and the Agency must defend, adjust or settle
such suits and protect, indemnify, and save harmless BNSF 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.
6. AGENCY CONTRACTOR REQUIREMENTS
a. While on or about BNSF property, Agency and its contractors must fully comply
with BNSF's "Contractor Requirements" set forth in Exhibit "C" attached to and
made a part of this Agreement. The "Contractor Requirements" include clearance
5
requirements and personal protective equipment requirements. Agency and its
contractors will be responsible for becoming familiar with BNSF's "Contractor
Requirements". Prior to entering BNSF property, Agency's Contractor must
execute Exhibit C-1 attached to and made a part of this Agreement."
b. Prior to entering BNSF property, each person providing labor, material,
supervision or services connected with the work to be performed on or about
BNSF property must complete the safety training program (hereinafter called
"BNSF Contractor Safety Orientation") at the following internet website:
"www.contractororientation.com". Agency must ensure that each of its
contractors, employees, subcontractors, agents or invitees completes the BNSF
Contractor Safety Orientation before any work is performed under this
Agreement. Additionally, Agency must ensure that each and every contractor,
employee, subcontractor, agent or invitee possesses a card certifying completion
of the BNSF Contractor Safety Orientation prior to entering BNSF property.
Agency must renew the BNSF Contractor Safety Orientation annually.
C. Prior to entering BNSF property, Agency or its contractors must prepare and
implement a safety action plan acceptable to BNSF. Agency must audit
compliance with the plan during the course of Agency's work. A copy of the plan
and audit results must be kept at the work site and will be available for inspection
by BNSF at all reasonable times.
7. INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the life of this
Agreement the following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form
contractual liability with a combined single limit of a minimum of$2,000,000 each
occurrence and an aggregate limit of at least $4,000,000 but in no event less than the
amount otherwise carried by the Contractor. Coverage must be purchased on a post
2004 ISO occurrence form or equivalent and include coverage for, but not limit to the
following:
♦ Bodily Injury and Property Damage
♦ Personal Injury and Advertising Injury
♦ Fire legal liability
♦ Products and completed operations
This policy shall also contain the following endorsements, which shall be indicated
on the certificate of insurance:
♦ The definition of insured contract shall be amended to remove any exclusion
or other limitation for any work being done within 50 feet of railroad property.
6
♦ Waver of subrogation in favor of and acceptable to Railway.
♦ Additional insured endorsement in favor of and acceptable to Railway.
♦ Separation of insureds.
♦ The policy shall be primary and non-contributing with respect to any
insurance carried by Railway.
It is agreed that the workers' compensation and employers' liability related
exclusions in the Commercial General Liability insurance policy(s) required herein
are intended to apply to employees of the policy holder and shall not apply to
Railway employees.
No other endorsements limiting coverage as respects obligations under this
Agreement may be included on the policy with regard to the work being performed
under this agreement.
B. Business Automobile Insurance. This insurance shall contain a combined single
limit of at least $1,000,000 per occurrence, and include coverage for, but not
limited to the following:
♦ Bodily injury and property damage
♦ Any and all vehicles owned, used or hired
The policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railway.
♦ Additional insured endorsement in favor of and acceptable to Railway.
♦ Separation of insureds.
♦ The policy shall be primary and non-contributing with respect to any
insurance carried by Railway.
C. Workers Compensation and Employers Liability insurance including coverage for,
but not limited to:
♦ Contractor's statutory liability under the worker's compensation laws of the
state(s) in which the work is to be performed. If optional under State law, the
insurance must cover all employees anyway.
♦ Employers' Liability (Part B) with limits of at least $500,000 each accident,
$500,000 by disease policy limit, $500,000 by disease each employee.
This policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railway.
7
D. Railroad Protective Liability insurance naming only the Railway as the Insured with
coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The
policy Must be issued on a standard ISO form CG 00 35 12 04 and include the
following:
♦ Endorsed to include the Pollution Exclusion Amendment
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
♦ Endorsed to remove any exclusion for punitive damages.
♦ No other endorsements restricting coverage may be added.
♦ The original policy must be provided to the Railway prior to performing any
work or services under this Agreement
♦ Definition of "Physical Damage to Property" shall be endorsed to read:
"means direct and accidental loss of or damage to all property owned by any
named insured and all property in any named insured' care, custody, and
control arising out of the acts or omissions of the contractor named on the
Declarations.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if
available) in Railway's Blanket Railroad Protective Liability Insurance Policy.
Other Requirements:
Where allowable by law, all policies (applying to coverage listed above) shall contain no
exclusion for punitive damages.
Contractor agrees to waive its right of recovery against Railway for all claims and suits
against Railwuv. In addition, its insurers, through the terms of the policy or policy
endorsement, waive their right of subrogation against Railway for all claims and suits.
Contractor further waives its right of recovery, and its insurers also waive their right of
subrogation against Railway for loss of its owned or leased property or property under
Contractor's care, custody or control.
Allocated Loss Expense shall be in addition to all policy limits for coverages referenced
above.
Contractor is not allowed to self-insure without the prior written consent of Railway. If
granted by Railway, any self-insured retention or other financial responsibility for claims
shall be covered directly by Contractor in lieu of insurance. Any and all Railway
liabilities that would otherwise, in accordance with the provisions of this Agreement, be
covered by Contractor's insurance will be covered as if Contractor elected not to include
a deductible, self-insured retention or other financial responsibility for claims.
Prior to commencing services, Contractor shall furnish to Railway an acceptable
certificate(s) of insurance from an authorized representative evidencing the required
coverage(s), endorsements, and amendments. The certificate should be directed to the
following address:
8
BNSF Railway Company
c/o CertFocus
P.O. Box 140528
Kansas City, MO 64114
Toll Free: 877-576-2378
Fax number: 817-840-7487
Email: BNSF a_certfocus.com
www.certfocus.com
Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non-
renewal, substitution or material alteration.
Any insurance policy shall be written by a reputable insurance company acceptable to
Railway or with a current Best's Guide Rating of A- and Class VII or better, and
authorized to do business in the state(s) in which the service is to be provided.
If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain
coverage in force for a minimum of three years after expiration, cancellation or
termination of this Agreement. Annually Contractor agrees to provide evidence of such
coverage as required hereunder.
Contractor represents that this Agreement has been thoroughly reviewed by Contractor's
insurance agent(s)/broker(s), who have been instructed by Contractor to procure the
insurance coverage required by this Agreement.
Not more frequently than once every five years, Railway may reasonably modify the
required insurance coverage to reflect then-current risk management practices in the
railroad industry and underwriting practices in the insurance industry.
If any portion of the operation is to be subcontracted by Contractor, Contractor shall
require that the subcontractor shall provide and maintain insurance coverage(s) as set
forth herein, naming Railway as an additional insured, and shall require that the
subcontractor shall release, defend and indemnify Railway to the same extent and under
the same terms and conditions as Contractor is required to release, defend and indemnify
Railway herein.
Failure to provide evidence as required by this section shall entitle, but not require,
Railway to terminate this Agreement immediately. Acceptance of a certificate that does
not comply with this section shall not operate as a waiver of Contractor's obligations
hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by
Contractor shall not be deemed to release or diminish the liability of Contractor
9
including, without limitation, liability under the indemnity provisions of this Agreement.
Damages recoverable by Railway shall not be limited by the amount of the required
insurance coverage.
In the event of a claim or lawsuit involving Railway arising out of this agreement,
Contractor will make available any required policy covering such claim or lawsuit.
These insurance provisions are intended to be a separate and distinct obligation on the
part of the Contractor. Therefore, these provisions shall be enforceable and Contractor
shall be bound thereby regardless of whether or not indemnity provisions are determined
to be enforceable in the jurisdiction in which the work covered hereunder is performed.
For purposes of this section, Railway shall mean `Burlington Northern Santa Fe LLC",
"BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of
each.
10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
BNSF RAILWAY COMPANY
By:
Printed Name: Richard W Wagner
Title: Manager Public Projects,NW Division
AGENCY
By:
Printed Name: G 3'3�J
IQ I
Title: �� 61
11
t- t
BNSF RAIL WA Y COMPA NY
TO VFJNCOUVE/7 TO SEATTLE
EASTWARD APPRRD APPR.4171'
79 MPH RD MPH
120'MIN.
50'MIN. 41 �50'MIN.
1:l
6X6
— — — — — — — — — — — — — — — — — — — - - - - - - - - - - - - - - - - - -
F,
0
ELI
INSTALL: LED'S & ADVANCED PREEMPTION CIRCUITS 37TH AVM'
CONTROL DEVICES: CONSTANT WARNING DOT 085 647 H
BOLD IN so - OUT SALVAGE: NONE
INSTRUMENT HOUSE
BELL BNSF RAIL WAY CO.
Warning device placement: LOCATION: AUBURN, WA.
Clearance to C.L. Track = Min. 12'
tw} METER
Edge of Road to C.L. Foundation: STREET: 37TH AVE.LS: 0051
• CROSSING CONTROLL CONNECTIONS Min. 4'3" with curb.
Q BIDIRECTIONAL CROSSING CONTROL Min. 8'3" without curb. M.P. 19.16
Max. 12' DOT C 085 647 H
UNIDIRECTIONAL CROSSING CONTROL
D House Clearance: 25' Min. to Near Rail DIVISION: NORTHWEST
30' Min. to Edge of Road SUBDIVISION: SEATTLE
A COUPLER OR TERMINATION ALL LIGHTS TO BE LED KANSAS CITY
NO SCALE
DATE: 01/31/2014
GUARD RAIL Exhibit A (1 of 1) FILE: 0051019_16.dgn
M
CEPS PLAN ITEM DOCUMENT
(FOR INTERNAL BNSF RAILWAY USE ONLY)
LOCATION AUBURN LINE SEGMENT 51 AFE NUMBER
PLANITEM NUMBER PS1085647H MILEPOST 1916 REA NUMBER
PROPERTY OF BNSF RAILWAY COMPANY DIVISION NW CPAR NUMBER
OPERATED BY BNSF RAILWAY COMPANY SUBDIVISION SEATTLE BUDGET YEAR 2014
JOINT FACILITY CITY OF AUBURN WA ENGR DIVISION NORTHWEST NORTH BUDGET CLASS 10
%BILLABLE(+/-) 1000 TAX STATE WA,CO KING REPORTING OFFICE 461
REQUESTOR ID SI80 MATL DATE SPONSOR VP ENGINEERING
PROJECT TYPE SOX LOCATION CODE 511036 DEPT CODE MOWGII
DOT NUMBER 085647H TRACK TYPE I DERAILMENT CODE
STIMULUS FUND TYPE STIMULUS STATUS
PURPOSE,JUSTIFICATION AND DESCRIPTION
INSTALL ADVANCED PREEMPTION CIRCUITS AT 37TH STREET IN AUBURN WA NORTHWEST DIV SEATTLE SUBDIV LS 0051 MP 19 16
DOT9085647H SEQ#40563
MONTHLY POWER UTILITY COST CENTER 61504
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTINI.ATING PURPOSE ONLY
THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS,DETAILED AND ACCURATE MATERIAL LISTS WILL BE
FURNISHED WHEN ENGINEERING IS COMPLETED
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD
THIS ESTIMATE GOOD FOR 90 DAYS THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE TN COST FOR MATERIAL,LABOR,AND
OVERHEADS.
SIGNAL WORK ONLY
THE CITY OF AUBURN IS FUNDING THIS PROJECT 100%
MAINTAIN PROPRIETARY CONFIDENTIALITY
CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS
LABOR COSTS 0 0 0 0 10,427 10,427
MATERIAL COSTS 0 0 0 0 38,254 38,254
OTHER COSTS 0 0 0 0 17,069 17,069
TOTALS 0 0 0 0 65,750 65,750
SYSTEM MAINTENANCE AND PLANNING- KANSAS CITY PRINTED ON 01/31/2014
ESTIMATE REF NUMBER PSI085647H-2-25 ESTIMATED BY MCMURPHEY
COSTING DATE 01/24/2014 PRINTED BY MCMURPHEY
Exhibit B (1 of 2)
***** MAINTAIN PROPRIETARY CONFIDENTIALITY *****
BNSF RAILWAY COMPANY
F]IPM EST'IMAT'E FOR
CITY OF AUBURN WA
LOCATION AUBURN DETAILS OF ESTIMATE PLAN ITEM PSI085647H VERSION 2
PURPOSE,JUSTIFICATION AND DESCRIPTION
INSTALL ADVANCED PREEMPTION CIRCUITS AT 37Th STREET IN AUBURN 4VA.NORTHWEST DIV SEATTLE SUBDIV LS 0051 NIP 19 16
DOT90856471-1 SEQ 440563
MONTHLY POWER UTILITY COST CENTER 61504
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATING PURPOSE ONLY
THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS,DETAILED AND ACCURATE MATERIAL LISTS WILL BE
FURNISHED WHEN ENGINEERING IS COMPLETED
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD
THIS ESTIMATE GOOD FOR 90 DAN'S THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR MATERIAL,LABOR,AND
OVERHEADS.
+++++++++++++++aa+++a}a+aa+++++SIGNAL WORK ONLY+a}}}}#}+++}}#}#}#########+####
THE CITY OF AUBURN IS FUNDING THIS PROJECT 100%
MAINTAIN PROPRIET'ARN'CONFIDEN'I'IALI-FY
DESCRIPTION QUANTITY U/M COST TOTALS
LABOR
SIGNAL FIELD LABOR-CAP 120.0 MH 3,360
PAYROLL ASSOCIATED COSTS 2,216
DA OVERHEADS 3,348
EQUIPMENT EXPENSES 939
INSURANCE EXPENSES 564
TOTAL LABOR COST 10,427 10,427
MATERIAL
+++++++++++++
3 ISLAND RELAY 30 EA 2,100
APT JCT BOX 1 0 EA 450
CABLE 1 0 LS 3,200
GATE DN RELAYS 1 0 EA 700
1IAWK 48 DIM 1 0 EA 1,400
LED,LIGHT ADJUSTMENT 28.0 EA 7,000
PRE-EMPT RELAYS 3 0 EA 2,100
PRE-EMPT TINIER RELAY 3 0 EA 8,565
RECORDER,EVENT 1 0 EA 3,800
SI'IUNT,NBS 40 EA 3,784
MATERIAL HANDLING 1,654
USE TAX 3,090
OFFLINE TRANSPORTATION 411
TOTAL MATERIAL COST 38,254 38,254
OTHER
CONTRACT ENGR. 1.0 EA 5,500
DIRECTIONAL BORING 1000 FT 5,000
TOTAL OT'l IER ITEMS COST 10,500 10,500
PROJECT SUBTOTAL 59,181
COM'INGENCIES 5,918
BILL PREPARATION FEE 651
GROSS PROJECT COST 65,750
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 65,750
Exhibit B (2 of 2)
B/V.SF'
RAILWAY
EXHIBIT"C"
[Insert Exhibit C (Form 0102) here]
EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General:
• 1.01.01 The Contractor must cooperate with BNSF 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
37th 085647H at B Street Preemption.
1.01.02 The Contractor must 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 3 of said
Exhibit "C-1". Questions regarding procurement of the Railroad Protective Liability
Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519.
• 1.01.03 The Contractor must 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. Railway will have the right to stop construction work on the Project if
any of the following events take place: (i) Contractor (or any of its subcontractors)
performs the Project work in a manner contrary to the plans and specifications approved
by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes
the Project work in a manner which is hazardous to Railway property, facilities or the safe
and expeditious movement of railroad traffic; (iii) the insurance described in the attached
Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay
Railway for the Temporary Construction License or the Easement. The work stoppage
will continue until all necessary actions are taken by Contractor or its subcontractor to
rectify the situation to the satisfaction of Railway's Division Engineer or until additional
insurance has been delivered to and accepted by Railway. In the event of a breach of (i)
this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway
may immediately terminate the Temporary Construction License or the Easement. Any
16
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RAILWAY
such work stoppage under this provision will not give rise to any liability on the part of
Railway. Railway's right to stop the work is in addition to any other rights Railway may
have including, but not limited to, actions or suits for damages or lost profits. In the event
that Railway desires to stop construction work on the Project, Railway agrees to
immediately notify the following individual in writing:
• 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 laws and regulations (including but not limited to the Resource
Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act,
the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and
regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for,
from and against 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 must notify (Agency) at and Railway's Manager
Public Projects, telephone number ( ) at least thirty (30) calendar days before
commencing any work on Railway Property. Contractor's notification to Railway must
refer to Railway's file
• 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations
located with any part of the excavations located within, whichever is greater, twenty-five
(25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2
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 must furnish the
Railway five sets of working drawings showing details of construction affecting Railway
Property and tracks. The working drawing 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 any falsework, shoring or cribbing. For all
excavation and shoring submittal plans, the current "BNSF-UPRR Guidelines for
Temporary Shoring" must be used for determining the design loading conditions to be
used in shoring design, and all calculations and submittals must be in accordance with the
current "BNSF-UPRR Guidelines for Temporary Shoring". All submittal drawings and
calculations must be stamped by a registered professional engineer licensed to practice in
the state the project is located. All calculations must take into consideration railway
surcharge loading and must be designed to meet American Railway Engineering and
Maintenance-of-Way Association (previously known as American Railway Engineering
17
B/VSF
RA/Z WAY
Association) Coopers E-80 live loading standard. All drawings and calculations must be
stamped by a registered professional engineer licensed to practice in the state the project
is located. The Contractor must not begin work until notified by the Railway that plans
have been approved. The Contractor will 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 will 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 will 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.
1.02 Contractor Safety Orientation
• 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may
enter Railway Property without first having 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
Railway Property. The Contractor is responsible for the cost of the Railway
Contractor Safety Orientation. The Contractor must renew the Railway Contractor
Safety Orientation annually. Further clarification can be found on the web site or
from the Railway's Representative.
1.03 Railway Requirements
• 1.03.01 The Contractor must 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 must be paid for by the Agency.
• 1.03.02 The Contractor must notify the Railway's Division Engineer
at ( ) and 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.
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BNS/c'
RA IL WAY
• 1.03.03 The Contractor must abide by the following temporary clearances during
construction:
■ 15'-0" Horizontally from centerline of nearest track
■ 21'-6" Vertically above top of rail
■ 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 Upon completion of construction, the following clearances shall be maintained:
[Note to Drafter: The vertical clearance should mirror the final negotiated design
clearance]
■ 25' Horizontally from centerline of nearest track
■ 23' 6" Vertically above top of rail
• 1.03.05 Any infringement within State statutory clearances due to the Contractor's
operations must be submitted to the Railway and to the (Agency) and must not be
undertaken until approved in writing by the Railway, 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 approval, and/or the State Regulatory Authority's approval.
• 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will 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 will be borne
by the Agency.
• 1.03.07 The details of construction affecting the Railway's Property and tracks not
included in the contract plans must be submitted to the Railway by (Agency) for approval
before work is undertaken and this work must not be undertaken until approved by the
Railway.
• 1.03.08 At other than public road crossings, the Contractor must not move any
equipment or materials across Railway's tracks until permission has been obtained from
the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement"
from the Railway prior to moving his equipment or materials across the Railways tracks.
The temporary crossing must be gated and locked at all times when not required for use
by the Contractor. The temporary crossing for use of the Contractor will be constructed
and, at the completion of the project, removed at the expense of the Contractor.
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• 1.03.09 Discharge, release or spill on the Railway Property of any hazardous
substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous
waste is prohibited and Contractor must immediately notify the Railway's Resource
Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a
reportable quantity. Contractor must not allow Railway Property to become a treatment,
storage or transfer facility as those terms are defined in the Resource Conservation and
Recovery Act or any state analogue.
• 1.03.10 The Contractor upon completion of the work covered by this contract, must
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 must
cause Railway's Property to be left in a condition acceptable to the Railway's
representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety Action
Plan:
• 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track
must develop and implement a Roadway Worker Protection/On Track Safety Program
and work with Railway Project Representative to develop an on track safety strategy as
described in the guidelines listed in the on track safety portion of the Safety Orientation.
This Program must provide Roadway Worker protection/on track training for all employees
of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the
job site through job safety briefings. Additionally, each Contractor must develop and
implement the Safety Action Plan, as provided for on the web site
www.contractororientation.com, which will be made available to Railway prior to
commencement of any work on Railway Property. During the performance of work, the
Contractor must audit its work activities. The Contractor must designate an on-site Project
Supervisor who will serve as the contact person for the Railway and who will maintain a
copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at
the job site.
[Note to Drafter: when appropriate insert e-RailSafe language as follows:
• 1.04.02 Contractor shall have a background investigation performed on all of its
employees, subcontractors and agents who will be performing any services for Railroad
under this Agreement which are determined by Railroad in its sole discretion a) to be on
Railroad's property, or b) that require access to Railroad Critical Infrastructure, Railroad
Critical Information Systems, Railroad's Employees, Hazardous Materials on Railroad's
property or is being transported by or otherwise in the custody of Railroad, or Freight in
Transit involving Railroad.
The required background screening shall at a minimum meet the rail industry background
20
B/VSF`
RA ILWAY
screening criteria defined by the e-RAILSAFE Program as outlined at http://www.e-
railsafe.com, in addition to any other applicable regulatory requirements.
Contractor shall obtain written consent from all its employees, subcontractors or agents
screened in compliance with the e-RAILSAFE Program to participate in the Program on
their behalf and to release completed background information to Railroad's designee.
Contractor shall be subject to periodic audit to ensure compliance.
Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its
employees, subcontractors or agents to perform services hereunder who are not first
approved under e-RAILSAFE Program standards. Railroad shall have the right to deny
entry onto its premises or access as described in this section above to any of Contractor's
employees, subcontractors or agents who do not display the authorized identification
badge issued by a background screening service meeting the standards set forth in the e-
RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may
pose a threat to the safety or security of Railroad's operations, assets or personnel.
Contractors shall be responsible for ensuring that its employees, subcontractors and
agents are United States citizens or legally working in the United States under a lawful
and appropriate work VISA or other work authorization.
1.05 Railway Flagger Services:
• 1.05.01 The Contractor must give Railway's Roadmaster (telephone ) a
minimum of thirty (30) calendar days advance notice when flagging services will be
required so that the Roadmaster can make appropriate arrangements (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 longer
necessary, the Contractor must give the Roadmaster five (5) working days advance notice
so that appropriate arrangements can be made to abolish the position pursuant to union
requirements.
• 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway
flagger will be required and furnished when Contractor's work activities are located over,
under and/or within twenty-five (25) feet measured horizontally from centerline of the
nearest track and when cranes or similar equipment positioned beyond 25-feet from the
track centerline could foul the track in the event of tip over or other catastrophic
occurrence, but not limited thereto for the following conditions:
• 1.05.02a When, upon inspection by Railway's Representative, other conditions
warrant.
21
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RAILWAY
• 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 will be the eight
(8) hour basic day.
• 1.05.03c The cost of flagger services provided by the Railway will be borne by
(Agency). The estimated cost for one (1) flagger is approximately between
$800.00-$1,600.00 for an eight (8) hour basic day with time and one-half or
double time for overtime, rest days and holidays. The estimated cost for
each flagger includes vacation allowance, paid holidays, Railway and
unemployment insurance, public liability and property damage insurance,
health and welfare benefits, vehicle, transportation, meals, lodging, radio,
equipment, supervision and other costs incidental to performing flagging
services. Negotiations for Railway labor or collective bargaining agreements
and rate changes authorized by appropriate Federal authorities may
increase actual or estimated flagging rates. THE FLAGGING RATE IN
EFFECT AT THE TIME OF PERFORMANCE BY 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 24-hour
period at a timetable speed MPH and passenger trains at a
timetable speed of MPH.
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RA/LWAY
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 must be in compliance with FRA
Roadway Worker Protection Regulations.
• 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing
must 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 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 safety strategy approved by the Railway's Project Representative. When
authority is provided, every contractor employee must know: (1) who the Railway flagger
is, and how to contact the flagger, (2) limits of the authority, (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 25 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 Railway'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 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 any hazard noticed on passing trains must
be reported immediately to the Railway's representative in charge of the project. Any
vehicle or machine which may come in contact with track, signal equipment, or structure
(bridge) and could result in a train derailment must be reported immediately 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 must be posted at
the job site.
• 1.06.07 For safety reasons, all persons are prohibited from having pocket knives,
firearms or other deadly weapons in their possession while working on Railway's Property.
23
RAILWAY
• 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet
applicable OSHA and ANSI specifications. Current Railway personnel protective
equipment requirements are listed on the web site, www.contractororientation.com,
however, a partial list of the requirements include: a) safety glasses with permanently
affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes,
above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work
wear. The Railway's representative in charge of the project is to be contacted regarding
local specifications for meeting requirements relating to hi-visibility work wear. Hearing
protection, fall protection, gloves, and respirators must be worn as required by State and
Federal regulations. (NOTE — Should there be a discrepancy 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 ANY MATERIALS,
MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE
NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST
NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE
CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF
THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE
CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH
A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'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. (See internet Engineering Contractor Safety Orientation program for more
detailed specifications)
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 must 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 must 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; and 750 to
1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet
must 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 by visual means.
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RA/L WAY
1.07 Excavation:
• 1.07.01 Before excavating, the Contractor must determine whether any underground
pipe lines, electric wires, or cables, including fiber optic cable systems are present and
located within the Project work area. The Contractor must determine whether excavation
on Railway's Property could cause damage to buried cables resulting in delay to Railway
traffic and disruption of service to users. Delays and disruptions to service may cause
business interruptions involving loss of revenue and profits. Before commencing
excavation, the Contractor must contact BNSF's Field Engineering Representative
( ). All underground and overhead wires will be considered HIGH
VOLTAGE and dangerous until verified with the company having ownership of the line. It
is 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.
• 1.07.02 The Contractor must cease all work and notify the Railway immediately before
continuing excavation in the area if obstructions are encountered which do not appear on
drawings. If the obstruction is a utility and the owner of the utility can be identified, then
the Contractor must also notify the owner immediately. If there is any doubt about the
location of underground cables or lines of any kind, no work must be performed until the
exact location has been determined. There will be no exceptions to these instructions.
• 1.07.03 All excavations must be conducted in compliance with applicable OSHA
regulations and, regardless of depth, must 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 must
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.
25
B~-dSU='
RAILWAY
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 Project
Representative no later than the close of shift on the date of the injury.
26
B/VSF'
R.4/Z WAY
B/VSF
RA/L WAY NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
(If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident,
ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to
that specific event.)
Injured Person Type:
❑ Passenger on train (C) Non-employee (N)
(i.e.,empefanetherrailread eP non BN.Sfempinvolvedin vehic%accident,including EMpfly
mblrks)
❑ Contractor/safety sensitive (F) ❑ Contractor/non-safety sensitive (G)
❑ Volunteer/safety sensitive (H) ❑ Volunteer/other non-safety sensitive (1)
Non-trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go
around or through gates
Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or
through gates
❑ Non-trespasser(J)-Off railroad property
If train involved,Train ID:
Transmit attached information to Accident/Incident Reporting Center by:
Fax 1-817-352-7595 or by Phone 1-800-1397-6736 or email to: Accident-Reparting.Center§BNSF.cam
Officer Providing Information:
(Name) (Employee No.) (Phone#)
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE
PURSUANT TO 49 U.S.C.20903 AND 83 U.S.C.490
27
B/f/SF'
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION.IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT
INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
I.Accident City/St. 2.Date: Time:
County S.Temperature: 4 Weather-
(if non BNSF location)
Mile Post/Line Segment:
5.Driver's License No(and state)or other ID: SSNI(required)-
G.Name(last,first,mi):
7.Address: City: St: Zip:
B.Date of Birth: and/or Age: Gender:
(if available)
Phone Number: Employer:
9 Injury: IO.Body Part:
(i.e.,Laceration,etc.) (i.e.,Hand,etc.)
Ii.Description of Accident(To include location,action,result,etc.):
12.Treatment.
First Aid Only
Required Medical Treatment
Other Medical Treatment
13.Dr Name: Date:
14 Dr.Address:
Street: City: St. Zip:
15.Hospital Name:
IG.Hospital Address:
Street: City: St: Zip:
17.Diagnosis:
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS
AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C.20903 AND 83 U.S.C.490
BNSF'
RAILWAY
EXHIBIT "CA"
Agreement Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Railway File:
Agency Project:
,:5 0 C ontractor.LegalName%> [Insert contractor's legal name here](hereinafter called
"Contractor"), has entered into an agreement (hereinafter called "Agreement") dated
201_, [***Drafter's Note: insert the date of the contract between the
Agency and the Contractor here] with (Drafter's Note: insert the name of the Agency
here for the performance of certain work in connection with the following
project: Performance of such work will necessarily require Contractor
to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and property
(hereinafter called "Railway Property"). The Agreement provides that no work will be
commenced within Railway Property until the Contractor employed in connection with said
work for (insert Agencv name herel (i) executes and delivers to Railway an Agreement in
the form hereof, and (ii) provides insurance of the coverage and limits specified in such
Agreement and Section 3 herein. If this Agreement is executed by a party who is not the
Owner, General Partner, President or Vice President of Contractor, Contractor must furnish
evidence to Railway certifying that the signatory is empowered to execute this Agreement on
behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon
Railway Property and as an inducement for such entry, Contractor, effective on the date of
the Agreement, has agreed and does hereby agree with Railway as follows:
1) RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds 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 any work performed on or about Railway's property or right-of-way. THE LIABILITY
ASSUMED BY CONTRACTOR WILL 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 THE
.B'/IVSF'
RA/L WAY
INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. [***Note
to Drafter: In Arizona, California, Idaho, Illinois, Louisiana, Minnesota,
Mississippi, Nebraska, New Mexico, and Wyoming check with the Law
Department or appropriate local counsel to ensure that the indemnity language
is enforceable.
In California and Wyoming, replace the word "GROSS" in the last sentence with
the word "SOLE" In California replace the word "INTENTIONAL" in the last
sentence with the word "WILLFUL".
In Washington, repmlace_the preceding_sentence_ in_uppercase bold with the
following:,
This obligation shall not include such claims c
g osts; damages, or expenses
which may be caused by the sole negligence of .Railway or its contractors,
agents or employees; Provided; that if the claims or damages are caused by or
:result from the concurrent negligence or other acts or omissions of (a) Railway,
its contractors, agents or employees and (b) Contractor, its subcontractors,
agents or employees, this provision shall be valid and enforceable only to the
extent -of the negligence of the Contractor, its subcontractors, agents or
employees:
------------- ------ -
It is mutually negotiated between the parties that the indemnification obligation
shall include all claims brought by Contractor's employees against Railway, its
agents, servants, employees or otherwise, and Contractor expressly waives its
immunity under the industrial insurance act (RCW Title_ 51) and assumes
'potential liability for all actions brought by its employees.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES
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 LOCOMOTIVE
INSPECTION ACT, WHENEVER SO CLAIMED.
Contractor further agrees, at its expense, in the name and on behalf of Railway, that it
will adjust and settle all claims made against Railway, and will, at Railway's 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 will give notice to Contractor, in writing, of the receipt or
dependency of such claims and thereupon Contractor must 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 Railway's discretion, must 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.
B/VSF'
RA/LWAY
In addition to any other provision of this Agreement, in the event that all or any portion
of this Article shall be deemed to be inapplicable for any reason, including without
limitation as a result of a decision of an applicable court, legislative enactment or
regulatory order, the parties agree that this Article shall be interpreted as requiring
Contractor to indemnify Railway to the fullest extent permitted by applicable law.
THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR
CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF
NEGLIGENCE. [***Note to Drafter: In Washington, delete the_ preceding
sentence in bold, as it is not enforceable.]
It is mutually understood and agreed that the assumption of liabilities and
indemnification provided for in this Agreement survive any termination of this
Agreement.
2) TERM
This Agreement is effective from the date of the Agreement until (i) the completion of
the project set forth herein, and (ii) full and complete payment to Railway of any and all
sums or other amounts owing and due hereunder.
3) INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the life of
this Agreement the following insurance coverage:
B. Commercial General Liability insurance. This insurance shall contain broad form
contractual liability with a combined single limit of a minimum of $2,000,000 each
occurrence and an aggregate limit of at least $4,000,000 but in no event less than
the amount otherwise carried by the Contractor. Coverage must be purchased on
a post 2004 ISO occurrence form or equivalent and include coverage for, but not
limit to the following:
♦ Bodily Injury and Property Damage
♦ Personal Injury and Advertising Injury
♦ Fire legal liability
♦ Products and completed operations
This policy shall also contain the following endorsements, which shall be indicated
on the certificate of insurance:
♦ The definition of insured contract shall be amended to remove any exclusion
or other limitation for any work being done within 50 feet of railroad property.
♦ Waver of subrogation in favor of and acceptable to Railway.
♦ Additional insured endorsement in favor of and acceptable to Railway.
♦ Separation of insureds.
B/VSF'
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♦ The policy shall be primary and non-contributing with respect to any
insurance carried by Railway.
It is agreed that the workers' compensation and employers' liability related
exclusions in the Commercial General Liability insurance policy(s) required herein
are intended to apply to employees of the policy holder and shall not apply to
Railway employees.
No other endorsements limiting coverage as respects obligations under this
Agreement may be included on the policy with regard to the work being performed
under this agreement.
B. Business Automobile Insurance. This insurance shall contain a combined single
limit of at least $1,000,000 per occurrence, and include coverage for, but not
limited to the following:
♦ Bodily injury and property damage
♦ Any and all vehicles owned, used or hired
The policy shall also contain the following endorsements or language, which shall
be indicated on the certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railway.
♦ Additional insured endorsement in favor of and acceptable to Railway.
♦ Separation of insureds.
♦ The policy shall be primary and non-contributing with respect to any
insurance carried by Railway.
C. Workers Compensation and Employers Liability insurance including coverage for,
but not limited to:
♦ Contractor's statutory liability under the worker's compensation laws of the
state(s) in which the work is to be performed. If optional under State law,
the insurance must cover all employees anyway.
♦ Employers' Liability (Part B) with limits of at least $500,000 each accident,
$500,000 by disease policy limit, $500,000 by disease each employee.
This policy shall also contain the following endorsements or language, which shall
be indicated on the certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railway.
E. Railroad Protective Liability insurance naming only the Railway as the Insured with
coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate.
The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the
following:
B/VSF`
RA IL WAY
♦ Endorsed to include the Pollution Exclusion Amendment
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
♦ Endorsed to remove any exclusion for punitive damages.
♦ No other endorsements restricting coverage may be added.
♦ The original policy must be provided to the Railway prior to performing any
work or services under this Agreement
♦ Definition of "Physical Damage to Property" shall be endorsed to read:
"means direct and accidental loss of or damage to all property owned by any
named insured and all property in any named insured' care, custody, and
control arising out of the acts or omissions of the contractor named on the
Declarations.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if
available) in Railway's Blanket Railroad Protective Liability Insurance Policy.
Other Requirements:
Where allowable by law, all policies (applying to coverage listed above) shall contain
no exclusion for punitive damages.
Contractor agrees to waive its right of recovery against Railway for all claims and suits
against Railway. In addition, its insurers, through the terms of the policy or policy
endorsement, waive their right of subrogation against Railway for all claims and suits.
Contractor further waives its right of recovery, and its insurers also waive their right of
subrogation against Railway for loss of its owned or leased property or property under
Contractor's care, custody or control.
Allocated Loss Expense shall be in addition to all policy limits for coverages
referenced above.
Contractor is not allowed to self-insure without the prior written consent of Railway. If
granted by Railway, any self-insured retention or other financial responsibility for
claims shall be covered directly by Contractor in lieu of insurance. Any and all
Railway liabilities that would otherwise, in accordance with the provisions of this
Agreement, be covered by Contractor's insurance will be covered as if Contractor
elected not to include a deductible, self-insured retention or other financial
responsibility for claims.
Prior to commencing services, Contractor shall furnish to Railway an acceptable
certificate(s) of insurance from an authorized representative evidencing the required
coverage(s), endorsements, and amendments. The certificate should be directed to
the following address:
BNSrF'
RA/L WAY
BNSF Railway Company
c/o CertFocus
P.O. Box 140528
Kansas City, MO 64114
Toll Free: 877-576-2378
Fax number: 817-840-7487
Email: BNSF(a-)certfocus.com
www.certfocus.com
Contractor shall notify Railway in writing at least 30 days prior to any cancellation,
non-renewal, substitution or material alteration.
Any insurance policy shall be written by a reputable insurance company acceptable to
Railway or with a current Best's Guide Rating of A- and Class VII or better, and
authorized to do business in the state(s) in which the service is to be provided.
If coverage is purchased on a "claims made" basis, Contractor hereby agrees to
maintain coverage in force for a minimum of three years after expiration, cancellation
or termination of this Agreement. Annually Contractor agrees to provide evidence of
such coverage as required hereunder.
Contractor represents that this Agreement has been thoroughly reviewed by
Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to
procure the insurance coverage required by this Agreement.
Not more frequently than once every five years, Railway may reasonably modify the
required insurance coverage to reflect then-current risk management practices in the
railroad industry and underwriting practices in the insurance industry.
If any portion of the operation is to be subcontracted by Contractor, Contractor shall
require that the subcontractor shall provide and maintain insurance coverage(s) as set
forth herein, naming Railway as an additional insured, and shall require that the
subcontractor shall release, defend and indemnify Railway to the same extent and
under the same terms and conditions as Contractor is required to release, defend and
indemnify Railway herein.
Failure to provide evidence as required by this section shall entitle, but not require,
Railway to terminate this Agreement immediately. Acceptance of a certificate that
does not comply with this section shall not operate as a waiver of Contractor's
obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by
Contractor shall not be deemed to release or diminish the liability of Contractor
including, without limitation, liability under the indemnity provisions of this Agreement.
Damages recoverable by Railway shall not be limited by the amount of the required
insurance coverage.
"/WS/='
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In the event of a claim or lawsuit involving Railway arising out of this agreement,
Contractor will make available any required policy covering such claim or lawsuit.
These insurance provisions are intended to be a separate and distinct obligation on
the part of the Contractor. Therefore, these provisions shall be enforceable and
Contractor shall be bound thereby regardless of whether or not indemnity provisions
are determined to be enforceable in the jurisdiction in which the work covered
hereunder is performed.
For purposes of this section, Railway shall mean "Burlington Northern Santa Fe LLC",
"BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of
each.
4) SALES AND OTHER TAXES
In the event applicable sales taxes of a state or political subdivision of a state of the
United States are levied or assessed in connection with and directly related to any
amounts invoiced by Contractor to Railway ("Sales Taxes"), Railway shall be
responsible for paying only the Sales Taxes that Contractor separately states on the
invoice or other billing documents provided to Railway; provided, however, that (i)
nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions
are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible
for all sales, use, excise, consumption, services and other taxes which may accrue on
all services, materials, equipment, supplies or fixtures that Contractor and its
subcontractors use or consume in the performance of this Agreement, (iii) Contractor
shall be responsible for Sales Taxes (together with any penalties, fines or interest
thereon) that Contractor fails to separately state on the invoice or other billing
documents provided to Railway or fails to collect at the time of payment by Railway of
invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv)
Contractor shall be responsible for Sales Taxes (together with any penalties, fines or
interest thereon) if Contractor fails to issue separate invoices for each state in which
Contractor delivers goods, provides services or, if applicable, transfers intangible
rights to Railway.
Upon request, Contractor shall provide Railway satisfactory evidence that all taxes
(together with any penalties, fines or interest thereon) that Contractor is responsible to
pay under this Agreement have been paid. If a written claim is made against
Contractor for Sales Taxes with respect to which Railway may be liable for under this
Agreement, Contractor shall promptly notify Railway of such claim and provide
Railway copies of all correspondence received from the taxing authority. Railway shall
have the right to contest, protest, or claim a refund, in Railway's own name, any Sales
Taxes paid by Railway to Contractor or for which Railway might otherwise be
responsible for under this Agreement; provided, however, that if Railway is not
permitted by law to contest any such Sales Tax in its own name, Contractor shall, if
requested by Railway at Railway's sole cost and expense, contest in Contractor's own
B/VSF'
AA/L WAY
name the validity, applicability or amount of such Sales Tax and allow Railway to
control and conduct such contest.
Railway retains the right to withhold from payments made under this Agreement
amounts required to be withheld under tax laws of any jurisdiction. If Contractor is
claiming a withholding exemption or a reduction in the withholding rate of any
jurisdiction on any payments under this Agreement, before any payments are made
(and in each succeeding period or year as required by law), Contractor agrees to
furnish to Railway a properly completed exemption form prescribed by such
jurisdiction. Contractor shall be responsible for any taxes, interest or penalties
assessed against Railway with respect to withholding taxes that Railway does not
withhold from payments to Contractor.
5) EXHIBIT "C" CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations, requirements
and limitations contained in the Agreement, and the Contractor Requirements set forth
on Exhibit "C" attached to the Agreement 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 agents or subcontractors on or about the construction
site. Contractor shall execute a Temporary Construction Crossing Agreement or
Private Crossing Agreement (http://www.bnsf.com/communities/fags/permits-real-
estate/), for any temporary crossing requested to aid in the construction of this Project,
if approved by BNSF.
6) TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway
(including its affiliated railway companies, and its tenants) for, from and against all
damages arising from any unscheduled delay to a freight or passenger train which
affects Railway's ability to fully 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, 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 work under this
Agreement. Railway agrees that it will not perform any act to unnecessarily cause
train delay.
For loss of use of equipment, Contractor will be billed the current freight train hour rate
per train as determined from Railway's records. Any disruption to train traffic may
cause delays to multiple trains at the same time for the same period.
Additionally, the parties acknowledge that passenger, U.S. mail trains and certain
other grain, intermodal, coal and freight trains operate under incentive/penalty
contracts between Railway and its customer(s). Under these arrangements, if Railway
B/VSF"
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does not meet its contract service commitments, Railway may suffer loss of
performance or incentive pay and/or be subject to penalty payments. Contractor is
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 its subcontractors.
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 extent consistent with Railway
confidentiality obligations. The rate then in effect at the time of performance by the
Contractor hereunder will be used to calculate the actual costs of train delay pursuant
to this agreement.
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 change 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 any delays to any trains.
i
I
"NSF'
AA/LWAY
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized officer the day and year first above written.
<%Contractor.LegalName%>; BNSF Railway Company
By: By:
Printed Name: Name:
Manager Public Projects
Title:
Accepted and effective this day of 20_.
Contact Person:
Address:
City:
State: Zip.
Fax:
Phone:
E-mail:
i
WZ
Version 11/10/2009
A" � a ! Has Form been revised for this request?
RA AZ WAY ❑YES,Revision Date:
®NO
HIGHWAY-RAIL GRADE CROSSING
TRAFFIC SIGNAL PREEMPTION REQUEST FORM
The Road Authority traffic controller circuitry requires railroad preemption contacts to initiate the preemption sequence.
Per BNSF standard, we will provide normally closed"dry" preemption relay contacts to interconnect the railroad active
warning system to the Road Authority traffic signal controller assembly. These contacts are rated at 4 amps. With no
trains in the area, these contacts remain closed. The Road Authority Traffic Department will be responsible for installing
the interconnection cable between the traffic signal controller and the crossing warning signal control housing. if exit
gates are utilized, the Road Authority Traffic Department will be responsible for installing and maintaining the"in
pavement"vehicle detection loops from the street to the cable junction box.
To estimate and or design the crossing warning system, BNSF needs to know certain timing parameters.
Definitions:
"Advance Preemption"—The system will be designed to open the preemption contacts for a predetermined amount of
time(Advance Preemption Time)prior to activation of the warning devices(flashing lights).
"Simultaneous Preemption"—The system will be designed to open the preemption contact at the same time the warning
devices(flashing lights)are activated.Additional warning time may be requested.
"Gate Down Logic"—Per BNSF standard, we will provide normally open"dry"gate down relay contacts to interconnect the
crossing warning system to the Road Authority traffic signal controller assembly. These contacts are rated at 4 amps.
The system will be designed to close the gate down contacts upon the gates arrival in the down position. This logic is
normally utilized to hold track clearance green until the gates are down since the time from preemption to gate down will
vary depending upon the traffic signal cycle.
i
"Minimum Warning Time"—Per the MUTCD and FRA regulations, BNSF must provide at least 20 seconds of warning
time for through trains(typically main track applications). However, per BNSF standards for constant warning time train
detection equipment, the system will be designed to provide a"nominal"warning time of 30 seconds to ensure
MUTCD/FRA minimums are met and to compensate for accelerating trains and ballast conditions. i
"Minimum Track Clearance Distance"—For standard two-quadrant railroad warning devices, the minimum track clearance
distance is the length along a highway at one or more railroad tracks, measured either from the railroad stop line, warning
device or 12 ft. perpendicular to the far rail, along the centerline or edge line of the highway, as appropriate, to obtain the
longer distance. For locations with exit gate warning devices, the minimum track clearance distance is the length along a
highway at one or more railroad tracks, measured either from the railroad stop line or entrance warning device to the point
clear of the exit gate. Note that in cases where the exit gate arm is parallel to the track(s)and/or not perpendicular to the
roadway, clearance will be either along the centerline or edge line of the highway, as appropriate, to obtain the longer I
distance.
When (entrance) gates are used they are typically designed to start their decent within 3 to 5 seconds of the warning
lights flashing, descend in an additional 10 to 15 seconds, and reach horizontal at least 5 seconds prior to train arrival per
FRA regulations.
The length of the railroad's control circuit approach distance is directly related to the amount of requested"Advanced
Preemption Time"(APT). Typically, the longer the APT requirement is, the longer the approach distance, and thus the
more control equipment that will be required.
Exhibit D (1 of 2)
With the above items in mind please provide the following information to help us process your request:
Date: 03/05/2014 Request by(name/title): Jacob Sweeting,PE
Crossing Street Name: 37th Street NW DOT#: 085647H
Parallel Street Name: B Street NW District:
City: Atiburn County: King State: Washington
Traffic Engineer: Jacob Sweeting,PE Phone: 2538043118 E-mail: jsWeetiiig@auburii�va.gov
aubtun�va.gov
1) Is this request for Simultaneous Preemption?❑YES ® NO
If"Yes"what is your requested Additional Warning Time?(if Additional Warning Time is required) Seconds.
2) Is this request for Advanced Preemption? ®YES ❑ NO
If"Yes"what is your requested Advanced Preemption Time? 23 Seconds.
3)Will this location utilize exit gates? ❑YES ® NO
The following questions should be completed if this location utilizes exit gates:
The exit gate arm(s)shall operate in one of the following modes of operation known as the EGOM (exit gate operating
mode):
a. Dynamic EGOM—A mode of operation where exit gate operation is based on presence of vehicles within minimum
track clearance distance(MTCD).
1)The exit gate arm(s)shall be designed to start downward motion after the vehicle detection system
indicates no vehicles are located within the MTCD and any(optional) exit gate clearance time has completed
timing. Note that the entrance gate arm(s)and the exit gate arm(s) may start downward motion almost
simultaneously if no vehicles are located within the MTCD.
b. Timed EGOM—A mode of operation where exit gate operation is based on a predetermined time interval. This mode
may be used if the vehicle detection system (Dynamic EGOM) is unhealthy.
1)The exit gate arm(s) shall be designed to start downward motion a predetermined number of seconds after
the entrance gate arm(s)start downward motion. Note that the entrance gate arms(s) may or may not be fully
horizontal at the time the exit gate arm(s)start downward motion. This timed value is known as the exit gate
clearance time(EGCT).
1)The BNSF standard is to use Dynamic EGOM and revert to Timed EGOM if the vehicle detection system is unhealthy.
Is this operation acceptable? ❑ YES ❑ NO
2)When operating_ in "Dynamic"exit gate operating mode, how much exit gate clearance time(optional)do you request?
seconds.
3)When operating in "Timed"exit gate operating mode how much exit gate clearance time do you request?
seconds.
Comments:
l
Please contact the BNSF Signal Engineering office at(913) 577-5570 with any questions or possible changes to the
above requirements.
Exhibit D (2 of 2)