HomeMy WebLinkAbout09 BNSF EDINGER AVE. 12-16-02AGENDA REPORT
NO. 9
12-16-02
MEETING DATE: DECEMBER 16, 2002
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT:
ACCEPTANCE OF EASEMENT DEEDS AND APPROVAL OF A
CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF)
FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT
(ClP NO. 7147)
SUMMARY
The proposed Easement Deeds will allow the City of Tustin to construct the Edinger Avenue
(Smart Street). Widening Project (CIP No. 7147) improvements within the existing Burlington
Northern and Santa Fe Railway Company (BNSF) right-of-way. At the request of BNSF,
Easement Deeds in lieu of a fee purchase, are being used to acquire the needed right-of-way for
construction of the project.
The proposed Construction and Maintenance Agreement between the City of Tustin and BNSF
outlines the requirements of the City and BNSF within the existing BNSF right-of-way during
construction of the Edinger Avenue (Smart Street) Widening Project.
RECOMMENDATION
It is recommended that the City Council take the following actions:
.
Adopt Resolution No. 02-99 finding that the acquisition of a portion of Assessor's
Parcel Nos. 430-261-17 and 430-263-02 was considered in the final environmental
determination for the Edinger Avenue (Smart Street) Widening Project (CIP No.
7147).
.
Authorize the City Clerk to accept the Easement Deeds when executed by the
Burlington Northern and Santa Fe Railway Company.
.
Approve the Construction and Maintenance Agreement with the Burlington Northern
and Santa Fe Railway Company for the Edinger Avenue (Smart Street) Widening
Project, and authorize the Mayor and City Clerk to execute the document on behalf
of the City.
Acceptance of Easement Deeds and Approval of a Construction and Maintenance Agreement with
the Burlington Northern and Santa Fe Railway Company (BNSF) for the Edinger Avenue (Smart
Street) Widening Project
December 16, 2002
Page 2
FISCAL IMPACT
The Edinger Avenue (Smart Street) Widening Project (ClP No. 7147) is included in the City's
Capital Improvement Program Budget. Right-of-way acquisition funds for this project are
comprised of Measure "M" Smart Street Funds and are administered by the City of Santa Ana.
On April 1, 2002, the City of Tustin City Council approved a Cooperative Agreement with the City
of Santa Ana, which specifies that the City of Santa Ana shall be the lead agency for administering
the Measure "M" Smart Street Funds for the design and acquisition phases of the project. The
Santa Ana City Council approved the Cooperative Agreement on April 15, 2002. As outlined in
the Cooperative Agreement, the City of Santa Ana, on behalf of the City of Tustin, will request
reimbursement from the Orange County Transportation Authority (OCTA) for all right-of-way funds
expended by the City of Tustin.
Construction funds for this project are comprised of Measure "M" Smart Street Funds and TSIA
Funds, and will be administered by the City of Tustin.
Acceptance of the Easement Deeds from BNSF will authorize an expenditure of $16,450 for the
right to construct the Edinger Avenue (Smart Street) Widening Project improvements within BNSF
right-of-way. Approval of the Construction and Maintenance Agreement will authorize an
expenditure of $429,902 to construct improvements to the railway, railway crossing, and
modifications to the railway signal equipment in conjunction with the Edinger Avenue (Smart
Street) Widening Project improvements within BNSF right-of-way.
BACKGROUND
The Edinger Avenue (Smart Street) Widening Project proposes to widen Edinger Avenue between
Ritchey Street in the City of Santa Ana and 1400 feet east of Red Hill Avenue. The street
widening will be to six-lane major arterial highway standards with dual left turn lanes and exclusive
right turn lanes as needed to reduce congestion and improve traffic level of service. The existing
roadway will also be resurfaced, drainage improvements will be constructed, and a raised
landscaped median will be installed.
In order to construct the improvements in Tustin, right-of-way is required from twelve (12)
properties. Typically, right-of-way is acquired in fee with the approval of an Agreement to
Purchase Real Property executed by the City of Tustin and the property owner. However, BNSF
has a policy not to sell property in fee, but to instead grant an easement for street and highway
purposes for any right-of-way needed by any agency. The City will still compensate BNSF for the
Easement Deeds based on the appraised value of the land needed to construct the Edinger
Avenue (Smart Street) Widening Project improvements.
Acceptance of Easement Deeds and Approval of a Construction and Maintenance Agreement with
the Burlington Northern and Santa Fe Railway Company (BNSF) for the Edinger Avenue (Smart
Street) Widening Project
December 16, 2002
Page 3
In this case, BNSF has an existing railway spurline crossing of Edinger Avenue located just east
of Del Arno Avenue. Property on both the north and south side of Edinger Avenue is required to
construct the project improvements. The appraised value of the subject parcels, APN 430-261-17
and APN 430-263-02 is $8,800 and $7,650, respectively. The appraised value is the
compensation being paid to BNSF for the Easement Deeds.
The proposed widening of Edinger Avenue will also require replacement of the existing signal
equipment at the BNSF railroad crossing. The flashing red light signals need to be upgraded to
accommodate longer gate arms to extend across a widened Edinger Avenue. BNSF is also
requiring the City to upgrade the railway across Edinger Avenue by replacing the existing rails with
heavier 115 pound welded rails and installing concrete surface crossing material for the full width
of Edinger Avenue. All crossing and flashing signal work will be accomplished with BNSF crews.
The City of Tustin will be required to reimburse BNSF for the actual cost of such work including
material and labor, which is presently estimated to be $429,902.
The City Attorney has reviewed the Construction and Maintenance Agreement and has signed it
"Approved as to Form". The City Attorney has also reviewed and approved the format of the
Easement Deed.
BNSF will not be paid the $429,902 outlined in the Construction and Maintenance Agreement until
the Easement Deeds are recorded. Payment of the sum of $16,450 for both Easement Deeds will
be paid to BNSF upon delivery of executed and notarized Easement Deeds.
Tim D. Serlet
Director of Public Works/City Engineer
Dana R.-Kasd'an ' "---" -
Engineering Services Manager
TDS:DRK:ccg:Acceptance of Easement Deeds Edinger Ave. Widening & Reso #02-99.doc
Attachment: Resolution No. 02-99
Construction and Maintenance Agreement
Location Map
RESOLUTION NO. 02-99
WITH
EXHIBITS "A", "B" AND "C"
1 RESOLUTION NO. 02-99
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF
ASSESSOR'S PARCEL NOS. 430-261-17 AND 430-263-02 WAS
CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR
THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP
NO. 7147) AND AUTHORIZING THE CITY CLERK TO ACCEPT THE
EASEMENT DEEDS
The City Council of the City of Tustin hereby resolves as follows:
WHEREAS, the acquisition of a portion of Assessor's Parcel Nos.
430-261-17 and 430-263-02 is needed for public use, namely to be utilized for the
Edinger Avenue (Smart Street) Widening Project within the City of Tustin; and
WHEREAS, on April 16, 2001, the Tustin City Council certified that the Final
Mitigated Negative Declaration as adequately addressing the environmental effects of
the Edinger Avenue (Smart Street) Widening Project; and
WHEREAS, the acquisition of property, including a portion of Assessor's
Parcel Nos. 430-261-17 and 430-263-02 was considered in the Final Mitigated
Negative Declaration; and
WHEREAS, State law authorizes the City to acquire the property for the
above stated purpose; and
WHEREAS, the owner of Assessor's Parcel Nos. 430-261-17 and 430-263-
02 will execute Easement Deeds granting the City of Tustin an easement and
right-of-way to construct the Edinger Avenue (Smart Street) Widening Project.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Tustin, as follows:
1. ENVIRONMENTAL FINDING
The City Council of the City of Tustin finds that the effects of the
proposed acquisition were considered in the Final Mitigated Negative
Declaration and that no additional environmental review is required.
2. PUBLIC USE
The public use to which a portion of Assessor's Parcel Nos. 430-261-
17 and 430-263-02 is needed for the widening of an existing roadway
to wit, Edinger Avenue within the City of Tustin.
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Resolution No. 02-99
Page 2
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DESCRIPTION OF PROPERTY AND EXTENT OF PROPERTY TO
BE ACQUIRED
The property to be acquired is described as a portion of Assessor's
Parcel Nos. 430-261-17 and 430-263-02 and each is more particularly
described in Exhibit A, Legal Description and Exhibit B, Sketch To
Accompany A Legal Description attached and incorporated herein by
reference. The form of Easement Deed is attached as Exhibit C.
4. STATUTORY FINDING
The City Council makes the following additional findings:
ao
The public interest and necessity require the widening of
Edinger Avenue to accommodate additional traffic within the
City of Tustin.
b.
The proposed project is planned and located in a manner that
will be most compatible with the public good and the least
private injury.
c. The property described above is necessary for the proposed
road widening of Edinger Avenue.
do
An offer of purchase of the property has been made to the
owner of the property pursuant to Government Code Section
7267.
5. AUTHORIZATION
Upon submittal of the executed Easement Deeds by Burlington
Northern and Santa Fe Railway Company, the City Clerk is hereby
authorized to accept, on behalf of the City, the executed Easement
Deeds and the City Manager and City Attorney are authorized and
directed to perform all acts necessary on behalf of the City for the
acquisition of said property.
6. EXPENDITURE OF FUNDS
The City Manager is hereby authorized to expend funds available to
the City for the acquisition of real property described herein.
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Resolution No. 02-99
Page 3
7. RECORDING
The City Clerk is hereby authorized and directed to record a certified
copy of this resolution at the Office of the County Recorder, County of
Orange.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the 16th of December 2002.
Jeffery M. Thomas, Mayor
ATTEST:
City Clerk
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 02-99
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Resolution No. 02-
99 was adopted at a regular meeting of the City Council held on the 16th day of
December, 2002, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
RBF-CONSULTING
14725 Alton Parkway
Irvine, California 92618
EXHIBIT "A"
LEGAL DESCRIPTION
Revised June 5, 2:002
August 31,
JN 10-034145.16
Page I of i
EDINGER AVENUE
PARCEL 10006
(THE BURLINGTON NORTHERN AND
SANTA FE RAIL COMPANY)
That certain parcel of land situated in the City of Tustin, County of Orange,
State of California, being that portion of Lot 66, Block 10 of Irvine's
Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous
Records Maps in the Office of the County Recorder of said Orange County,
described as follows:
That portion of that certain 30.00 foot (9.144 meters) wide strip-of land
described in the Grant Deed t° The Atchison, Topeka and Santa Fe Railway Company
recorded August 15, 1963 in Book 6677, Page 549 of Official Records in said
Office of the Orange County Recorder, bounded northeasterly by a line parallel
with and 4.572 meters northeasterly of the northeasterly line of Parcel 2 as
described in the Easement to the City of Tustin recorded February 18, 1972 in
Book~10008, Page. 76 of Official Records in said Office of the Orange County
Recorder and bounded southwesterly by said northeasterly line of Parcel 2.
CONTAINING: 43.063 square meters, more or less.
Unless otherwise noted, all bearings and distances in this description are metric
ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983
(1991.35 O.C.S. GPS Adjustment)
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
EXHIBIT "B" attached and by this reference made a part hereof.
Gregory A. Helmer, L.S. 5134
1
SCALE= 1:500
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
EDINGER A VENUE
PARCEL 10006
(THE BURLINGTON NORTHERN AND SANTA FE RAIL CO.)
CONTAINING 45.065 SOUARE METERS :~
SHEET I OF I SHEETS
I=ILANNINr"~ · DI='Iil I~N · CONITRUCTION
CONSULTING
AUGUSTS1, 1999
14725 ALTON P~AY
~ CALFOFNA 926'm-2027
· 4~.47~,~05 · FAX g4g.472~373 ·mm. RBF.c~n
J.N. 10-0J4145-08
145EX008. DWG
RBF CONSULTING
14725 Alton Parkway
Irvine, California 92618
EXHIBIT "A"
LEGAL DESCRIPTION
Revised June 5, ZOO2
August 31, 1999
JN 10-034145.15
Page i of I
EDINGER AVENUE
PARCEL 10006.1
('THE ATCHISON, TOPEKA
AND SANTA FE RAILWAY COHPANY)
That certain parcel of land situated in the City of Tustin, County of Orange,
State of California, being that portion of Lot 66, Block 10 of· Irvine's
Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous
Records Maps in the Office of the County Recorder of said Orange County,
descri bed as fol 1 ows:
That portion of that Certain 34.00 foot (10.363 meters) wide strip of land
described in the Grant Deed to The Atchison, Topeka and Santa Fe Railway Company
recorded August 15, 1963, in Book 6677, Page 549 of Official Records in said
Office of the Orange County Recorder, bounded southwesterly by a line parallel
with and 4.572 meters southwesterly of the southwesterly line of Parcel 3 as
described in the Easement to the City of Tustin recorded February 18, 1972, in
Book 10008, Page 76~of Official Records in said Office of the Orange County
Recorder, and bounded northeasterly by said southwesterly line of Parcel 3.
CONTAINING: 47.380 square meters, more or less.
Unless otherwise noted, all bearings and distances in this description are metric
ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983
(1991.35 O.C.S. GPS Adjustment)
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records.
EXHIBIT "B" attached and.by this reference made a part hereof.
Gregory A. Helmer, L.S. 5134
SCALE= 1:500
EXHIBIT 'B'
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
EDINGER AVENUE
PARCEL 10006. I
(THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.)
CONTAINING 47.$80 SOUARE METERS :~
CONSULTING
SHEET I OF I SHEETS
ImL,&N N I N 13 · 13Ir mll"~N · COIN IITR U CTI nl~
14725 ALTON PAll(WAY
~ CALr--<3FI~ 92618-2O27
g4g.472.3505 · FAX 94g.472..~173 · twn~.l:lBF.cam
REV. JUNE 2, 2002
AUGUST31, 1999 J.N. 10-034145-15
Il' IGRP51PDA TA 134 145%DtrGIEXI-IlBlTS1145Exoog. DI/G
Recording requested by City of Tustin ·
When recorded return to:
City of Tustin
City Clerk's Office
300 Centennial Way
Tustin, CA 92780-3715
Exhibit C
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged, The Burlin,qton Northern and
Santa Fe Railway Company
Hereinafter referred to as "Grantor", does hereby grant to the City of Tustin, a Municipal Corporation
hereinafter referred to as "GRANTEE", an easement and right-of-way for street and highway, purposes and no
other purposes, in, on and over the real property in the City of Tustin, County of Orange, State of California,
described as:
See EXHIBIT "A" and Exhibit "B"
attached hereto and by reference made a part.
Grantor shall have the right to continue to use the above described real property for any purpose not
inconsistent with the rights granted Grantee. Grantee shall not place, or allow to be placed, within the above
described real property any gas., electric, telecommunications, cable TV or other utility pipeline, wire,
transmission line or other facility without first obtaining a permit or license from Grantor therefore. Grantor
shall not unreasonably withhold such permit or license provided, however, that it shall not be deemed
unreasonable for Grantor (1) to condition such permit or license upon terms consistent with terms then
required by Grantor for other similar permits or licenses, or (2) deny such permit or license if Grantor
determines in good faith that the proposed permit or license would pose a threat to safety with respect to
Grantor's operations.
The terms and conditions of that certain Construction and Maintenance Agreement between Grantor
and Grantee dated are incorporated herein by reference and shall survive the
delivery of this easement deed. Grantee shall not perform any future repair, maintenance, replacement or
other improvements within the above described real property unless and until Grantee and Grantor have
entered into either (1) a similar Construction and Maintenance Agreement or (2) such other permit or license,
addressing such future work in form and substance mutually agreeable to Grantor and Grantee.
This easement is granted without warranty of any kind and without any covenant of quiet enjoyment in and to
the easement.
Concurrently with the tender of an executed and notarized easement deed from GRANTOR, GRANTEE
agrees to pay GRANTOR the sum of dollars and 00/100 ($ .) for
said easement.
Page 1
S:\CIP Projects - Active\7147 - Edinger Ave Widening~cquisition\BNSF Easement Deed.doc
Dated:
By
State of California )
County of Orange
ss
On
,20 before me
appeared
By
, a Notary Public, personally
personally, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name
~s subscribed to the witl~in instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
Witness my hand and official seal.
Signature of the Notary
Page 2
S:\CIP Projects - Active\7147 - Edinger Ave Widening~cquisition~BNSF Easement Deed.doc
CONSTRUCTION AND MAINTENANCE AGREEMENT
WITH
EXHIBITS "A", "B", "B-I", "C" AND "C-1"
File: 05002483 Edinger Ave.
CONSTRUCTION AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of ., 2002, by and
between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a
Delaware corporation, hereinafter referred to as "BNSF", and the CITY OF TUSTIN, a
mUnicipality in the State of California hereinafter designated as "City'.
WITNESSETH:
WHEREAS, City proposes to widen and improve Edinger Avenue, at grade, with curbed width
of 112 feet on each side of and including the crossing of BNSF's spur track No. 15, designated as
PUC Crossing No. 2-177.9-C, D.O.T. No. 026-707-E, and;
WHEREAS, the term "Project", as used in this agreement, shall include all work of every kind
and character necessary to accomplish the widening of Edinger Avenue including, but not limited
to, rehabilitation of track, placing of concrete crossing panels, upgrading the existing four (4)
flasher light signals with two (2) cantilever signals with stub gates adjacent to curb side and two
(2) flasher light signals with gates in raised medians, grading, paving, drainage and sidewalks as
shown on the print, attached hereto as Exhibit "A" and by this reference made a part hereof, and;
WHEREAS, the parties hereto are in accord and desire to express in writing their understandings
and agreement pursuant to which Project is to be constructed, and the crossing thereafter
maintained.
NOW THEREFORE IT IS AGREED:
.
City, or City's Contractor, will do all construction work of said Project, including
adequate drainage and paving, except that work hereinafter specified to be done by
BNSF.
.
City or City's Contractor, will comply with BNSF's rules and regulations as shown in
Exhibit "C", entitled "Contractor Requirements State of California", and instructions of
BNSF's representatives in relation to proper manner of protecting BNSF's tracks and
traffic moving thereon, pole lines, signals, and other property of BNSF, or its tenants or
licenses, at or in the vicinity of the work during the period of construction of said
Project, and shall perform the work at such times as shall not endanger or interfere with
the safe and timely operation of BNSF's tracks and other facilities.
o
BNSF, at City's expense, will furnish all labor, materials, tools, and equipment, and do
the railroad work required due to the construction of the Project, such railroad work and
the estimated cost thereof being as shown on Exhibits "B" and "B-1", attached hereto
and made a part hereof. In the event constrUction of the Project has not commenced
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,
.
.
.
.
within twelve (12) months from the effective~ date of this Agreement, BNSF may, in its
sole and absolute discretion, revise the cost estimates set forth in said Exhibits "B" and
"B-I". In such case, BNSF shall provide to the City its revised cost estimate highlighting
all changes that are made. Any item of work incidental to those items listed in said'
Exhibits "B" and "B-1", but not specifically mentioned therein, may be included as part
of this Agreement as an item of work upon written approval of City, if practicable.
Construction 0fthe Project shall include the following work by BNSF
(a)
preparation of its track to receive concrete surface crossing material, including
the placement of 195 track feet of 115 lb. welded rail through crossing area,
(b)
installation of: 144 track feet of concrete surface crossing material to
accommodate proposed roadway width of 112 feet with sidewalks.
(c)
Removal of 4 - PUC No.8 flasher light signals. Replacement with 2 - PUC No.
9A cantilever signals with stub gates adjacent to curb side and 2 - PUC No.9
flasher light signals with gates in the raised medians including track circuitry
and appurtenances.
The work specified to be done in above Paragraph 3 by BNSF shall be done as soon as
practicable, considering availability of materials and manpower. In consideration thereof,
City will pay to BNSF, as billed, the actual total cost of such work, presently estimated
by BNSF to be FOUR HUNDRED TWENTY NINE THOUSAND, NINE
HUNDRED TWO DOLLARS, ($429,902)
City will pay BNSF the total amount of the estimated cost, upon recordation of the two
Easement Deed~ that BNSF is providing separately to the city or within (10) days of
receipt of the two signed Easement Deeds. BNSF will upon receipt of the funds order
the materials necessary to do the railroad work required due to Construction of the
Project. BNSF will also provide the City with copies of all invoices related to the
acquisition of these materials. Upon completion of the project, BNSF will provide actual
cost records consistent with the details shown in Exhibit "B" and "B-1". City shall pay
the actual cost upon completion of audit, less credit for the sum previously paid. Any
overpayment by City will be refunded to City by BNSF.
BNSF will, at its expense, maintain the crossing automatic warning devices and that
portion of the crossing lying between lines two feet outside of and parallel to the rails of
the track.
City will at, City's expense, maintain any street improvement within said crossing other
than that specified to be maintained by BNSF pursuant to Paragraph 6 above.
The parties agree that all work covered by this Agreement shall conform to the
requirements of the Public Utilities Commission of the State of California (hereinafter
referred to as the "Commission").
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10.
11.
12.
13.
City will obtain the Commission's authorization to construct the Project and shall furnish
to the Commission plans for the construction of the Project, approved by BNSF, together
with a copy of this Agreement.
City will acquire all rights of way necessary for the construction of the Project.
BNSF hereby gives permission and license to City, its agents, employees, and/or
contractors, to enter that portion of BNSF's right of way as shown on Exhibit "A"
attached hereto and by reference made a part hereOf, solely for the purpose of the
construction and maintenance of the Project. This license and permission is subject to:
(a) All licenses, leases, easements, restrictions, reservations, conditions,
covenants, encumbrances, rights and rights of way, liens and claims of title
which may in any manner affect the said right of way.
(b)
The prior and continuing right and obligation of BNSF, its successors and
assigns, to use its right of way may from time to time deem appropriate.
This license and permission is given without warranty of title of any kind, expressed or
implied.
City agrees to incorporate in each prime contract for construction of the Project or the
specifications, therefor, the prov-isions set forth in Exhibits "C" and "C-1", attached
hereto and by reference made a part hereof, and accepts responsibility of compliance by
its prime contractor.
Except as hereinafter otherwise provided all work to be done hereunder by City in the
construction of the Project will be done pursuant to a contract or contracts to be let by
City to a contractor or contractors. All work performed thereunder within the limits of
BNSF right of way shall be performed in a good and workmanlike manner and in
accordance with plans and specifications approved by BNSF and onlY those changes or
modifications during construction that affect BNSF shall also be subject to approval by
BNSF and all such contracts shall provide:
(a)
That all work performed adjacent to the tracks of the BNSF shall be' done to the
satisfaction of BNSF.
(b)
That no work shall be commenced over or adjacent to BNSF's track until each of
the contractors employed in cOnnection with said work shall have (i) executed
and delivered to BNSF a letter agreement in the form of said Exhibit "C- 1 ", and
(ii) delivered to and secured the approval by BNSF of the insurance required by
said Exhibit "C-1 ',.
(c)
That if, in City's opinion, it shall be for its best interest, City may direct that the
construction of the Project be done by day labor under the direction and control
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14.
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of City, or if at any time, in the opinion of City, the contractor has failed to
prosecute with diligence .the work specified in and by the terms of said contract,
it may, in the manner provided by law, terminate the contractor's control over
said work and take possession of all or any part thereof and proceed to complete
the same by day labor or by employing another contractor(s), provided that all
such contractor(s) shall be required to comply with the obligations in favor of
BNSF hereinabove set forth an, provided further, that if such construction is
performed by day labor, City will, at its expense, procure and maintain on behalf
of BNSF the insurance required by Exhibit "C-1".
This agreement is entered into in the State of California and its interpretation is
govemed by California Law.
The parties agree that in the event of litigation regarding enforcement or interpretation of
this agreement that the exclusive venue is Orange county, California.
This agreement supersedes all prior and contemporaneous agreements regarding the
subject matter herein.
IN WITNESS WHEREOF, the City has caused these presents to be executed and attested by its
duly qualified and authorized officials pursuant to authority regularly granted them by its City
Council and BNSF has executed these presents both as of the day and year first above written.
CITY OF TUSTIN
BY:
Mayor
Approved
Lois E. Jeffrey, City Attorney
· ATTEST:
City Clerk
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
BY:
R. J. Boileau
ITS: Assistant Vice President
Engineering Services
Mailing Address:
-4-
The Burlington Northern and Santa Fe Railway Co.
740 East Carnegie Drive
San Bemardino, CA 92408
Attention: Public Projects
City of Tustin
300 Centennial Way
Tustin, CA 92780
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4 :
..':/
........ .- :,- 'j ..L %,%. .....
--..~;-.? ?'.'-.~ .:?':..:. :L...-l~ '-'
...................... ', ................
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............. . ...... ;.2.'] .
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.... ' r ..... ' .......... '7' .7:" '~;..-..,~ ...... .'-.'. ....
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-E-
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,I
EXHIBIT B
AUTHORITY FoR EXPENDITURE
**'***** NOTE **** NOTE ************************** FOR INTERNAL USE ONLY ************************** NOTE **** NOTE *******
LOCATION : IRVINE LINE SEGMENT : 7608 AFE NUMBER :
PLANITEM NUMBER : PTR8267~7E MILEPOST : 8~177.9 RFA NUMBER -: 9683682
PROPERTY OF : BNSF RAILWAY COMPANY DIVISION : SC CPAR NUMBER : C~8~0~02
OPERATED BY : BNSF RAILWAY COMPANY SUBDIVISION : SAN DIEGO BUDGET YEAR : 20~2
JOINT FACILITY : CITY OF TUSTIN TRACK TYPE : BUDGET CLASS : 6
% BILLABLE (+/-): 1~0.0~ ' TAX STATE : CA REPORTING OFFICE : 1~6
SPONSOR : VP ENGINEERING CENTER/ROLLUP : S~845
PURPOSE, JUSTIFICATION AND DESCRIPTION
WIDEN EDINGER AVENUE, CPUC CROSSING NO. 2-177.9-C, D.O.T. NO. 026-7~7-E AT IRVINE, SAN
DIEGO SUBDIVISION, SOUTHERN CALIFORNIA DIVISION. 1~0% BILLABLE TO THE CITY OF TUSTIN.
LINE BEGIN END
PLAN ITEM SEG BEG MP END MP STATION STATION PROJECT TYPE BUD YEAR
PTR~267~7E 76~ ~177.9~ 0177.9~ IRVINE IRVINE PUBLIC IMPROVEMENT PROJECT 20~2
******* NOTE **** NOTE ************************** FOR INTERNAL USE ONLY ****--*****--************* NOTE **** NOTE *******
CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COST BILLABLE TOTALS
LABOR COSTS 8 0 8 0 57,971 57,971
MATERIAL COSTS 8 ~ 8 8 50,633 58,633
OTHER COSTS ~ ~ 0 0 27,866 27,866
TOTALS ~ ~ 8 8 135,678 135,67~
ENGINEERING SERVICES - KANSAS CITY
ESTIMATE REF. NUMBER : 96~36~2
PRINTED BY : AYALA
REVISED ON : 05/21/2~2
COSTING DATE : 12/15/2082
PRINTED ON : 05/21/2~2
******* NOTE **** NOTE *********** *********** FOR INTERNAL USE ONLY ***************************** **** NOTE *******
LOCATION : IRVINE LINE SEGMENT : 7680 AFE NUMBER :
PLANITEM NUMBER : RTR~267~7E MILEPOST : 8177.90 RFA NUMBER : 96~36~2
PROPERTY OF : BNSF RAILWAY COMPANY DIVISION : SC CPAR NUMBER : C0~B~2
OPERATED BY : BNSF RAILWAY COMPANY SUBDIVISION : SAN DIEGO BUDGET YEAR : 2~2
JOINT FACILITY : CITY OF TUSTIN TRACK TYPE : 6 BUDGET CLASS : 6
% BILLABLE (+/-): 180.~8 TAX STATE : CA COUNTY: ORANGE REPORTING OFFICE : 106
REQUESTER ID : Q964 - AUGIE MORALES MATL DATE : 10/2~/2~2 SPONSOR : VP ENGIN
PROJECT TYPE : PIP LOCATION CODE : 481170 DEPT CODE : MOWGH
DOT NUMBER : DERAILMENT CODE
PURPOSE, JUSTIFICATION AND DESCRIPTION
WIDEN EDINGER AVENUE, CPUC'CROSSING NO. 2-177.9-C, D.O.T. NO. ~26-7~7-E, A SINGLE TRACK,
61' A.C. PAVED CROSSING WITH 144 FT.-115 LB. CONCRETE SURFACE FROM BACK OF SIDEWALK TO
BACK OF SIDEWALK. 100% BILLABLE TO THE CITY OF TUSTIN.
REMOVE AND REPLACE 195 T.F. OF 115 LB. JOINTED RAIL WITH 115 LB. WELDED RAIL.
CITY OF TO PROVIDE FULL TRAFFIC CONTROL, STREET CLOSURE AND REPAVING OF THE TRACK
APPROACHES AT THEIR COST.
TRACK WORKSHEET WAS PROVIDED BY CHARLES A. LUNDGREN ON 10/18/0~.
ESTIMATE UPDATED TO YEAR 20~2 PER GREG ROUSSEAU REQUEST ON 11-19-~1'.
AT IRVINE, SAN DIEGO SUBDIVISION, SOUTHERN CALIFORNIA DIVISION
PLAN NO. PTR8267~7E RFA NO. 96-036-02 SUSPENSE AUTHORITY NO. 7-
******* NOTE **** NOTE *******--***************** FOR INTERNAL USE ONLY ***********************--* NOTE **** NOTE *******
CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COST BILLABLE TOTALS
LABOR COSTS 8 8 8 0 57,971 57,971
MATERIAL COSTS 0 0 0 0 50,633 50,633
OTHER COSTS 8 0 0 0 27,066 27,066
'TOTALS 8 0 0 0 135,670 135,678
ENGINEERING SERVICES - KANSAS CITY
ESTIMATE REF. NUMBER : PTRB267~7E
COSTING DATE : 12/15/2082
1-96-2L
PRINTED ON : 05/21/2~)02
ESTIMATED.BY : AYALA
PRINTED BY : AYALA
ACCT CST RSN PPE DESCRIPTION QTY/ST OT U/M CASH NONCASH OPER REMOVAL
8 430 MOBILIZATION - REPLACE PUBLIC CROSSI 96.0'0 0.0 MH 929 774
8 43g
8 242
8 163
8 292
REPLACE PUBLIC CROSSING 213.80 19.1 MH
REPLACE RAIL/OTM 213.00 19.1 MH
REPLACE TRACK PANELS 213.00 19.1 MH
UNLOAD BALLAST 24.00 2.4 MH
* LABOR SUBTOTAL
1120 308 202
1128 308 202
1128 300 151
1120 306 202
1128 319 430
1120 319 430
1120 305 282
JOINT, COMPROMISE, LH, 3L & 4L 4.0 PR
JOINT, COMPROMISE, RH, 1R & 2R 4.0 PR
TRACK PANEL, 115 LB 39 FT PNRL PLTS 5.0 EA
RAIL, 115 LB NEW WELDED PREMIUM 390.0 LF
SPIKE, TIMBER SCREW, 5/8X12 IN, F/RO 216.0 EA
CONC 115 08-SEC WITH FILLER FOR WOOD 144.0 TF
RAIL. 115 LB. SH JOINTED (SALVAGED PR 7.5 LF I
* MATERIAL SUBTOTAL
1120 434 430 988 LOADER WITH OPERATOR
* OTHER SUBTOTAL
* ADDITIVES
PAYROLL ASSOCIATED COSTS
EQUIPMENT EXPENSES
DA LABOR OVERHEADS
INSURANCE EXPENSES
MATERIAL HANDLING
ONLINE TRANSPORTATION
USE TAX
OFFLINE TRANSPORTATION
7.0 DAY
2,337 1,951
3,216 1,872
3,045 1,243
490
10,017 0 2,725 2,315
848
848
16,118
4,267
219
21,242
'755
43,542 0 -755 0
,
15,400
15,400 0 0 0
5,553 1,510 '1,283
4,159 1,130 961
6,276 1,707 1,449
1,580 428 365
1,072
137
3,566
492
* GANG TOTAL SECGANG-6M - SECTION GANG (6 MAN) 91,794 0 6,745 6,373
............... ..... ....... ....................................
·
* LABOR SUBTOTAL
1128 310 281 BALLAST, FROM NEWBERRY, CA.
* MATERIAL SUBTOTAL
* ADDITIVES
180.0 NT
1,062 0 0 0
1,023
1, ~)23 0 0 0
PAYROLL ASSOCIATED COSTS 588
EQUIPMENT EXPENSES 440
DA LABOR OVERHEADS 665
PERDIEM 300
INSURANCE EXPENSES 167
MATERIAL HANDLING 25
ONLINE TRANSPORTATION 924
.USE TAX 83
* GANG TOTAL
SUG-3M - SURFACING GANG, 3 MAN
5,277
* LABOR SUBTOTAL
1120 308 2~2 WELDKIT, GENERIC FOR ALL RAIL WEIGHT
* MATERIAL SUBTOTAL
* ADDITIVES
8.0 KT
1,D58 8 0 352
470
470 0 0 0
PAYROLL ASSOCIATED COSTS 5B6
EQUIPMENT EXPENSES 439
DA LABOR OVERHEADS 663
INSURANCE EXPENSES 167
MATERIAL HANDLING 11
USE TAX 38
OFFLINE TRANSPORTATION 5
195
146
220
55
* GANG TOTAL
MDWELDGANG-2M - WELDING GANG, 2 MAN
3,437 0 0 968
8 430 WORK TRAIN - PUBLIC XING - REPLACEME 24.00 12.0 MH 1,D33
ACCT CST RSN PPE DESCRIPTION QTY/ST OT U/M CASH NONCASH OPER REMOVAL
8 169 WORK TRAIN - TRACK PANELS - REPLACEM 24.g0 12.0 MH 1,033
* LABOR SUBTOTAL 3,099 0 0 0
* ADDITIVES
PAYROLL ASSOCIATED COSTS 1,716
EQUIPMENT EXPENSES 1,284
DA LABOR OVERHEADS 1,941
INSURANCE EXPENSES 486
* GANG TOTAL.
WTCREW,3M - WORKTRAIN CREW (3 MAN)
8,526
* LABOR SUBTOTAL
* ADDITIVES
8 1~6 FLAGGING ' ' 16.0g 1.6 MH 322
322 0 ~ ~
PAYROLL ASSOCIATED COSTS 178
EQUIPMENT EXPENSES 133
DA LABOR OVERHEADS 2~1
INSURANCE EXPENSES 5g
* GANG TOTAL
FLAGMAN,1M - FLAGMAN, 1 NAN
884 0 0 0
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
PROJECT GROSS COST
LESS COST PAID BY OTHERS
PROJECT NET COST'
109,918 0 6,745 7,341
10,991 0 0 0
606 0 33 36
121,515 0 6,778 7,377
121,515 ' 0 6,778 7,377
***** MAINTAIN PROPRIETARY CONFIDENTIALITY *****
THE B. N. S. F. RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF TUSTIN
LOCATION:- IRVINE DETAILS OF ESTIMATE PLAN ITEM: PTR9267~TE VERSION: 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
.~ WIDEN EDINGER AVENUE; CPUC CROSSING NO. '2-177.g-C, D.O.T. ND. 926-707-E, A SINGLE TRACK, 61' A.C. PAVED CROSSING WITH 144 FT.-115 LB. CONCRETE SURFACE FROM BACK OF SIDEWALK TO
BACK OF SIDEWALK. 10~% BILLABLE TO THE CITY OF TUSTIN
REMOVE AND REPLACE 195 T.F. OF 115 LB. JOINTED RAIL WITH 115 LB. WELDED RAIL.
CITY OF TO PROVIDE FULL TRAFFIC CONTROL, STREET CLOSURE AND REPAVING OF THE TRACK
APPROACHES AT THEIR COST.
TRACK WORKSHEET WAS PROVIDED BY CHARLES A. LUNDGREN ON 1~/18/00.
ESTIMATE'UPDATED TO YEAR 20~2 PER GREG ROUSSEAU REQUEST ON 11-19-01.
AT IRVINE, SAN DIEGO SUBDIVISION, SOUTHERN CALIFORNIA DIVISION
PLAN NO. PTRO26707E RFA NO. 96-936-92 SUSPENSE AUTHORITY NO. 7-
DESCRIPTION QUANTITY U/M COST TOTAL $
LABOR
FLAGGING 17.60 MH 322
MOBILIZATION - REPLACE PUBLIC CROSSING 96.09 MH 1,703
REPLACE FIELD WELDS 69.76 MH 1,410
REPLACE PUBLIC CROSSING 232.17. MH 4,288
REPLACE RAIL/OTM 232.17 MH 4,288
REPLACE TRACK PANELS 232.17 MH 4,288
SURFACE TRACK 52.32 MH 1,062
UNLOAD BALLAST 26.4~ MH 490
WORK TRAIN - BALLAST 36.90' MH 1,033
WORK TRAIN - PUBLIC XING - REPLACEMENT 36.00 MH 1,933
WORK TRAIN - TRACK PANELS - REPLACEMENT 36.90 MH 1,033
PAYROLL ASSOCIATED COSTS 11,609
EQUIPMENT EXPENSES 8,692
DA LABOR OVERHEADS 13,122
PERDIEM EXPENSES 300
INSURANCE EXPENSES 3,298
TOTAL LABOR COST
MATERIAL
BALLAST, FROM NEWBERRY, CA. (NC, SC,
JOINT, COMPROMISE, LH, 3L & 4L
JOINT, COMPROMISE, RH, 1R & 2R
TRACK PANEL, 115 LB 39 FT PNRL PLTS i~FT TIES
RAIL, 115 LB NEW WELDED PREMIUM
SPIKE, TIMBER SCREW, 5/8X12 IN, F/ROAD XING
WELDKIT, GENERIC FOR ALL RAIL WEIGHTS
CONC 115 08-SEC WITH FILLER FOR WOOD
MATERIAL HANDLING
ONLINE TRANSPORTATION
USE TAX
OFFLINE TRANSPORTATION
10B.90 NT
4.00 PR
4.00 PR
5.09 EA
390.00 LF
216.09 EA
8.09 KT
144.00 TF
57,971 57,971
1,023
848
848
16,118
4,267
219
470
21,242
1,198
1,~61
3,687
497
TOTAL MATERIAL COST
OTHER
988 LOADER WITH OPERATOR
7.~)0
DAY
51,388 51,388
15,400
TOTAL OTHER ITEMS COST
SUBTOTAL
LESS CREDIT FOR SALVAGED MATERIAL
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
15,400 15,4~0
124,759
-755
124,904
10,991
675
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST
135,67~
135,679
EXHIBIT B-1
******* NOTE **** NOTE ************************** FOR INTERNAL USE ONLY ************************** NOTE **** NOTE *******
LOCATION : IRVINE LINE SEGMENT : 7600 AFE NUMBER :
PLANITEM NUMBER : PSIO26707E MILEPOST : 0177.90 RFA NUMBER :
PROPERTY OF : BNSF RAILWAY COMPANY DIVISION : SC CPAR NUMBER :
OPERATED BY : BNSF RAILWAY COMPANY SUBDIVISION : SAN DIEGO BUDGET YEAR : 2002
JOINT FACILITY · CITY OF TUSTIN TRACK TYPE : 1 BUDGET CLASS : 10
% BILLABLE (+/-)i 100.00 TAX STATE : CA COUNTY: ORANGE REPORTING OFFICE : 404
REQUESTER ID : Q964 - AUGIE~MORALES MATL DATE : SPONSOR : VP ENGIN
PROJECT TYPE : SGX LOCATION CODE : 481170 DEPT CODE : MOWGH
DOT NUMBER : DERAILMENT CODE :
PURPOSE, JUSTIFICATION AND DESCRIPTION
INSTALL CONSTANT WARNING, 4 GATES, AND 2 CANTILEVER FLASHING SIGNALS AT EDINGER AVE. IN
TUSTIN, CA.
SOUTHERN CALIFORNIA DIV., SAN DIEGO SUBDIV., L/S 7600, IRVINE IND. LEAD SPUR TRACK 15, MP
177.9, DOT 026707E
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 IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST
FOR LABOR, MATERIAL, AND OVERHEAD.
******************************* SIGNAL WORK ONLY *******************************
THE CITY OF TUSTIN, CA. IS FUNDING THIS PROJECT 100%.
******* NOTE **** NOTE ************************** FOR INTERNAL USE ONLY ************************** NOTE **** NOTE *******
CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COST BILLABLE
TOTALS
LABOR COSTS 0 0 0 0 115,573 115,573
MATERIAL COSTS 0 0 0 0 135,910 i35,910
OTHER COSTS 0 0 0 0 42,749 42,749
TOTALS 0 0 0 0 294,232 294,232
ENGINEERING SERVICES - KANSAS CITY
ESTIMATE REF. NUMBER : PSIO26707E
COSTING DATE : D3/0t/2002
- 1--2S
PRINTED ON : 03/01/2002
ESTIMATED BY : POOR
PRINTED BY : POOR
ACCT CST RSN PPE DESCRIPTION QTY/ST OT U/M CASH NONCASH OPER REMOVAL
8 400 9911 SIGNAL SHOP LABOR
* LABOR SUBTOTAL
* ADDITIVES
PAYROLL ASSOCIATED COSTS
EQUIPMENT EXPENSES
DA LABOR OVERHEADS
INSURANCE EXPENSES
80.00 0.0 MH
1,676
1,676 0 0 0
929
300
1,050
264
* GANG TOTAL
SIGSHOP-1M - SIGNAL SHOP LABOR, i MAN
4,219 0 0 0
8 241 PLACE FIELD WELDS 128.00 11.5 MH
* LABOR SUBTOTAL
1120 308 200
1120 308 200
RAIL, 136 LB NEW WELDED, PREMIUM : 160.0 LF
WELDKIT, GENERIC FOR ALL RAIL WEIGHT 16.0 KT
* MATERIAL SUBTOTAL
* ADDITIVES
PAYROLL ASSOCIATED COSTS
EQUIPMENT EXPENSES
DA LABOR OVERHEADS
INSURANCE EXPENSES
MATERIAL HANDLING
ONLINE TRANSPORTATION
USE TAX
OFFLINE TRANSPORTATION
2,820
2,820 0 0 0
1,917
940
2,857 0 0 0
1,563
5O4
1,767
444
70
56
234
11
* GANG TOTAL
HQWELDGANG-2M - WELDING GANG, 2 MAN
10,326 0 0 0
8 400 9911 SIGNAL FIELD LABOR 1620.00 0.0 MH
* LABOR SUBTOTAL
1120 319 400 9911 BATTERY 1.0 LS N
1120 319 400 9911 BUNGALOW 6X6 1.0 EA N
1120 319 400 9911 BUNGALOW MATERIAL 1.0 LS N
1120 319 400 9911 CABLE 1.0 LS N
1120 319 400 9911 CANTILEVER, COMPLETE W/ FOUND 2.0 EA N
1120 319 400 9911 CHARGERS 1.0 LS N
1120 319 400 9911 CONCRETE 1.0 LS N
1120 319 400 9911 FIELD MATERIAL 1.0 LS N
1120 319 400 9911 GATE KEEPER 4.0 EA N
1120 319 400 9911 GATE MECH. MODEL 95 4.0 EA N
1120 319 400 9911 GUARD RAIL, 1/2 OVAL 2.0 EA N
1120 319 400 9911~'GUARD RAIL, DUAL 2.0 EA N
1120 319 400 9911 HXP3R SYSTEM 1.0 EA N
1120 319 410 MATERIAL FOR ELECTRICAL 1.0 EA
1120 319 400 9911 PVC, 4-IN 300.0 FT N
1120 319 400 9911 RTU-6 CELLULAR MONITOR 1.0 EA N
'1120 319 400 9911 SPARE & MISC. MATERIAL 1.0 LS N
1120 319 400 9911 VIGILANT RECORDER 1.0 EA N
* MATERIAL SUBTOTAL
1120 790 400 991t AC POWER SERVICE
1120 367 400 9911 CONTRACT ENGR.
1120 790 400 9911 FILL DIRT
1120 434 400 9911 MACHINE RENTAL
11'20 790 400 9911 SURFACE ROCK
* OTHER SUBTOTAL
* ADDITIVES
PAYROLL ASSOCIATED COSTS
EQUIPMENT EXPENSES
DA LABOR OVERHEADS
INSURANCE EXPENSES
MATERIAL HANDLING
USE TAX
1.0 EA
1.0 EA .N
20.0 CY N
1.0 EA N
10.0 CY N
41,410
41,410 0 0 0
5,205
5,190
12,397
4,377
20,000
1,293
4,049
12,070
6,400
21,512
910
1,2'76
15,786
1,500
570
2,050
5,049
1,566
121,200 0 0 0
1,500
6,000
500
6,420
250
14,670 0 0 0
22,957
7,412
25,947
6,530
37
9,925
***** MAINTAIN PROPRIETARY CONFIDENTIALITY *****
............. . .......................................... ~ ............ ~ .... - .............................................
THE B. N. S. F. RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF TUSTIN
LOCATION:- IRVINE DETAILS OF ESTIMATE PLAN ITEM: PSIO26707E VERSION: 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
INSTALL CONSTANT WARNING, 4 GATES, AND 2 CANTILEVER FLASHING SIGNALS AT EDINGER AVE. IN
-TUSTIN, CA.
SOUTHERN CALIFORNIA DIV., SAN DIEGO SUBDIV., L/S 7600, IRVINE IND. LEAD SPUR TRACK 15, MP
177.9, DOT 026707E
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 IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST
FOR LABOR, MATERIAL, AND OVERHEAD.
******************************* SIGNAL WORK ONLY *******************************
THE CITY OF TUSTIN, CA. IS FUNDING THIS PROJECT 100%.
DESCRIPTION QUANTITY U/M COST TOTAL $
LABOR
PLACE FIELD WELDS 139.52 MH 2
SIGNAL FIELD LABOR 1620.00 MH 41
SIGNAL SHOP LABOR ~ 80.00 MH 1
PAYROLL ASSOCIATED COSTS 25
EQUIPMENT EXPENSES 8
DA LABOR OVERHEADS 28
INSURANCE EXPENSES 7
820
410
676
449
216
764
238
TOTAL LABOR COST
MATERIAL
RAIL, 136 LB NEW WELDED, PREMIUM : 160~00 LF
WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 16.00 KT
BATTERY' 1.00 LS N
BUNGALOW 6X6 1.00 EA N
BUNGALOW MATERIAL 1.00 LS N
CABLE 1.00 LS N
CANTILEVER, COMPLETE W/ FOUND 2.00 EA N
CHARGERS 1.00 LS N
CONCRETE 1.00 LS N
FIELD MATERIAL 1.00 LS N
GATE KEEPER 4.00 EA N
GATE MECH. MODEL 95 4.00 EA N
GUARD RAIL, 1/2 OVAL 2.00 EA N
GUARD RAIL, DUAL 2.00 EA N
HXP3R SYSTEM 1.00 EA N
MATERIAL FOR ELECTRICAL 1.00 EA
PVC, 4-IN 300.00 FT N
RTU-6 CELLULAR MONITOR 1.00 EA N
SPARE & MISC. MATERIAL 1.00 LS N
VIGILANT RECORDER 1.00 EA N
MATERIAL HANDLING
ONLINE TRANSPORTATION
USE TAX
OFFLINE TRANSPORTATION
115,573 115,573
1,917
940
5 205
5 190
12 397
4 377
20 000
i 293
4 049
12 070
6 40O
21 512
910
1,276
15,786
1,500
570
2,05O
5,049
1,566
107
56
10,159
1,531
.OTHER
AC POWER SERVICE
CONTRACT ENGR.
FILL DIRT
TOTAL MATERIAL COST
1. O0 EA
1.00 EA N
20.00 CY N
135,910 135,910
1,500
6,000
50O
CASH NONCASH OPER REMOVAL
~, orrL~,E TRANSPOrTATiON ......... i-5~ ........................... ' .......
GANG TOTAL SIGGANGCA-7M - SIGNAL GANG, CALIFORNIA, 7 M 251,608 0 0 0
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
PROJECT GROSS COST
LESS COST PAID BY OTHERS
PROJECT NET COST
266,153 '0 0 0
26,615 0 0 0
!,464 0 0 0
294,232 0 0 0
294,232 0 0 0
0 0 0 0
MACHINE RENTAL 1.00 EA ~ 6,420
SURFACE ROCK 10.00 CY N 250
TOTAL O~HER ITEMS COST
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST
14,670 14,670
266,153
26,615
1,464
294,232
0
294,232
1.01 General
EXHIBIT "C"
CONTRACTOR REQUIREMENTS STATE OF
CALIFORNIA
1.01.01 The Contractor shall cooperate with TIlE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to
Railway property and/or fight-of-way, hereafter referred to as "Railway Property", during the construction of
1.01.02 The Contractor shall execute and deliver to the Railway duplicate copies of the Exhibit "C-I"
Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and
effect the insurance called for under Section 2 of said Exhibit "C-I".
· 1.01.03 The Contractor shall plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains on Railway Property.
1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the
Contractor's work on Railway's Property .to cease if, in the opinion of Railway, Contractor's activities create a
hazard to Railway's Property, employees, and/or operations.
1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local
Governmental laws and regulations, including, but not limited to environmental, health and safety. The
Contractor shall be responsible for and indemnify and save Railway harmless from all fines or penalties imPosed
or assessed by Federal, State and Local Governmental Agencies against the. Railway which arise out of
Contractor's work under this Agreement.
· 1.01.06 The Contractor shall notify City of-Tustin at (714) 573- 3030 and Railway's Manager Public Projects,
Robert Grimes telephone number (909) 386-4474 at least thirty (15) working days before commencing any
work on Railway Property.
· Contractors notification to Railway, shall refer to Railroad's file 05002483.
1.01.07 For any falsework above any tracks or any excavations located, whichever is greater, within twenty-five
(25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1% horizontal .to 1
vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to
center line of track, the. Contractor shall furnish the Railway five sets of working drawings showing details of
construction affecting Railway Property and tracks. The working, drawing shall include the proposed method of
installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of
structural calculations of any falsework, shoring or cribbing. All calculations shall take into consideration
railway surcharge loading and shall be designed to meet American Railway Engineering and
Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers
E-80 live loading standard. All drawings and calculations shall be stamped by a registered professional engineer
licensed to practice in the state the project is located. The Contractor shall not begin work until notified by the
Railway that plans have been approved. The Contractor shall be required to use lifting devices such as, cranes
and/or winches to place or to remove any falsework over Railway's tracks. In no case shall the Contractor be
relieved of responsibility for results obtained by the implementation of said approved plans.
1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the
work may be handled and performed in an efficient manner. The Contractor shall have no claim whatsoever for
any type of damages or for extra or additional compensation in the event his work is delayed by the Railway.
1.02 Agreement
EXH_C CA Agency Feb. 22, 2(h00
1.02.01 No employee of the Contractor, its subcontractors, agents or inVitees shall enter Railway
Property without first having attended a BNSF Contractor Safety Orientation session. The Contractor
shall ensure that at a minimum its on'site Project Supervisor(s) have attended a Safety Orientation
conducted by the Railway, or it's Representative, and that each of its employees, subcontractors, agents
or inVitees have .received the same Safety Orientation through sessions conducted by or through the
Contractor before any work is performed on the Project. The Contractor shall give Railway a minimum
of thirty (30) days' advance notice for scheduling the Safety Orientation. The Contractor is responsible
to pay for the cost of the Safety Orientation should it be conducted by the Railway's Representative.
1.03 Railway Requirements
1.03.01 The Contractor shall take protective measures as are necessary to keep railway facilities, including
track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any
damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and
the cost of such repairs or replacement shall be paid for by the Agency.
1.03.02 The Contractor shall notify the Railway's General Superintendent of Operations Rob Reilly at 909-
386-4075 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.
· 1.03.03 The Contractor shall abide bY the following clearances during construction:
25'-0" Horizontally from centerline of nearest track
22'-6" 'Vertically above top of rail (Temporary Falsework Clearance may be reduced to 21'-6" SUbject to
Railway and Public Utilities Commission approval)
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
30'-0" Vertically above top of rail for electric .wires carrying 15,000 volts to 20,000 volts
34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
1.03.04 Any infringement within State statutory clearances due to the Contractor's operations shall be sUbmitted
to the Railway and to the City of Tustin and shall not be undertaken until approved in writing by the Railway,
and until the Citw of Tustin has obtained any necessary authorization from the State Regulatory. Authority for
the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending
Railway approval, and/or the State Regulatory Authority's approval.
1.03.05 In the case of impaired vertical clearance above top of rail, Railway shall have the option of installing
tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of
tell-tales or protective devices shall be borne by the Agency.
1.03.06 The details of construction affecting the Railway's Property and tracks not included in the contract
plans shall be submitted to the Railway by ...City of Tustin for approval before work is undertaken and this work
shall not be undertaken until approved by the Railway.
1,03.07 At other than public road crossings, the Contractor shall not move any equipment or materials across
Railway's tracks until permission has been obtained from th& Railway. The Contractor shall obtain a "Temporary
Private Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways
tracks. The temporary crossing shall be gated and locked at all times when not required for use by the
Contractor. The temporary crossing for use of the Contractor shall be at the expense of the Contractor.
1.03.08 Discharge, release or spill on the Railway Property of any hazardous substances, in excess of a
reportable quantity or any hazardous waste is prohibited and Contractor shall immediately notify the Railway's.
Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills. Contractor shall not allow
Railway Property to become a treatment, storage facility as those terms are defined in the Resource
Conservation and Recovery Act or any state analogue.
EXH_C CA Agency Feb. 22, 2000
1.03.09 The Contractor upon completion of the work covered .by this contract, shall promptly remove from the
Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon
said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor,
and shall cause Railway's Property to be left in a condition acceptable to the Railway's representative.
1.04 Contractor Safety Action Plan
1.04.01 Each Contractor shall develop and implement a Safety Action Plan which shall be made
available to Railway prior to commencement of any work on Railway Property. During the performance
of work, the Contractor shall audit it's compliance with the Safety Action Plan. The Contractor shall
designate an on-site Project Supervisor who shall serve as the contact person for the Railway and who
shah maintain a copy of the Safety Action Plan and subsequent audits at the job site for inspection and
review by the Railway at any time during the course of the project. The Safety Action Plan shall contain,
but not be limited to the following;
· Contractors Employee Safety
Safety Orientation (Sec 1.02.01)
Job Briefings (Secl.06.01 & 1.06.02)
Personal Protective Equipment ( Sec 1.06.08)
ProteCtion of Railway Facilities and Railway Flagger Services (Sec 1.03.05 & 1.05)
Protection of Contract.Employees working nearer than 25 feet from any track (Sec 1.06.03)
Work After Hours (Sec 1.06.04)
* Contractor Employee Training
Personal Injury Reporting (Sec 1.09)
Accident Investigation and Analysis
High Risk Work Areas/Situations
Notification of Damage to Railway property or hazards that could effect the safe operation of trains
(Sec 1.06.06)
Falsework/Shoring affecting theintegrity of tracks (Sec '1.01.06)
Clearances affecting the integrity of train .operations (Sec 1.03.03)
· Moving Equipment and Materials across Railway's tracks (Sec 1.03.07)
Security of Machines, Equipment and Vehicles (Sec 1.06.10)
Power line Safety (Sec 1.06.12) '
Excavation Safety (Sec 1.07)
· High Risk Employees
Alcohol and Drug Use (Sec 1.06.05)
Firearms or Deadly Weapons (Sec 1.06.07)
· Property Damage, Housekeeping and Clean-up (Sec 1.03.01 & 1.03.09)
Storage of Materials (Sec 1.06.09)
Facility Auditing
· Compliance with Laws (Sec 1.01.04)
· Hazardous Substances and Materials
Discharges, Releases and Spills (Sec 1.03.08)
Hazardous Materials encountered in excavations (Sec 1.08)
1.05 ProtectiOn of Railway Facilities and Railway Flagger Services:
· 1.05.01 The Contractor shall give a minimum of 15 working days notice to Augie Morales the Railways
Roadmaster at .(909)386-4060 in advance of when flagging services will be required.
1.05.02 Railway flagger and protective services and devices will be required and furnished when Contractors
work activities are located over or under of and within twenty-five (25) feet measured horizontally from
centerline of the nearest track and when cranes or similar equipment positioned outside of 25-foot horizontally
from track centerline that could foul the track in the event of tip over or other catastrophic occurrence, but-not
EXH_C CA Agzncy Feb. 22. 2000
limited thereto for the following conditions:
· .1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's Property,
employees, trains, engines and facilities.
· 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's
representative, track or other Railway facilities may be subject to movement or settlement.
· 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds.
· 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities
either due to persons, material, equipment or blasting in the vicinity.
' 1.05.02e Special permission must be obtained from the Railway before moVing heavy or cumbersome objects
or equipment which might result in making the track impassable.
1.05.03 Flagging services will be performed by qualified Railway flaggers.
· 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to
protect Railway Property and operations, if deemed necessary by the Railways Representative.
1.05.03b Each time a tagger is called, the minimum period for billing shall be the eight (8) hour basic day.
1.05.03e The cost of tagger services prOvided by the Railway, when deemed necessary 'by the Railway's
representative, will be borne by the City of Tustin. (The planned execution of the work does not anticipate the
contractor's work to require flagging. If the contractor's execution of the work requires flagging, the
contractor shall include the cost of flagging in the bid cost to the City.)
1.05.03d The average train traffic on' this route is 2 freight trains per 24-hour period at a timetable speed 10
MPH and 0 passenger trains at a timetable speed of 0 MPH.
1.06 Contractor General Safety Requirements
1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement.of trains and
equipment can occur at any time and in any direction. All work performed by contractors within 25 feet
of any track shall be in compliance with FRA Roadway Worker Protection Regulations.
1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing shall be
conducted with all personnel involved with the task and repeated when the p/~rsonnel or task changes' If
the task is within 25 feet of any track, the job briefing must include the Railway's tagger and include the
procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from
moving any equipment adjacent to or across any Railway track(s).
1.06.03 Workers shall not work nearer than 25 feet to the centerline of any track without proper
flag/work protection provided by the Railway, unless the track is protected by track bulletin and work
has been authorized by the Railway. If flag/work protection is provided, every contractor employee must
know: (1) who the Railway flagger is~, and how to contact the flagger, (2) limits of the flag/work
protection, (3) the method of communication to stop and resume work, and (4) entry into flag/work limits
when designated. Men or equipment entering flag/work limits that were not previously job briefed, must
notify the flagger immediately, and be given a job briefing if working at less than 25 feet from center line
of track.
1.06.04 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 shall be'present at all times.
IEXH_C CA Agency Feb. 22, 200,0
1.06.05 Any Contractor employee, its subcontractors employee, agents or invitees under suspicion of being
under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's
Property and subsequently released to the custody of a representative of Contractor management. Future access
to the Railway's Property by that employee will be denied.
1.06.06 Any damage to Railway Property, or if any hazard is noticed on passing trains, shall be reported
immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come
in contact with a track, signal equipment, or structure (bridge) could result in a train derailment and shall be
reported by the quickest means possible to the Railway representative in charge of the project and to the
Railway's Resource Operations Center at 1 (800) 832-5452. Local emergency numbers are to be obtained from
the Railway representative in Charge of the project prior to the start of any WOrk and shall be posted at the job
site.
· 1.06.07 All persons are prohibited from having pocket knife with blade in excess of three (3) inches, firearms or
other deadly weapons in their possession while working on Railway's Property.
1.06.08 All personnel protective equipment used on Railway Property shall meet applicable OSHA and ANSI
specifications. Railway personnel protective equipment requirements are; a) safety glasses: permanently affixed
side shields; no yellow lenses, b) hard hats with high visibility orange cover, c) safety shoes: hardened toe,
above-the-ankle lace-up with a defined heel and d), high visibility retro-reflective orange vests are required as
specified by the Railroad's representative in charge of the proje6t. Hearing protection, fall protection and
respirators will be worn as required by State and Federal regulations.
1.06.09 The Contractor shall not pile or store any materials, machinery or equipment closer than 25'-0" to the
center line of the nearest Railway track. At highway/rail at-grade crossings materials, machinery or equipment
shall not be stored or left temporarily which interferes with the sight distances of motorists approaching the
crossing. 'Prior to beginning work, the Contractor, will establish a storage area with concurrence of the
Railroad's representative.
1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or
equipment must be in gear with brakes set and if equipped with blade; pan or bucket, they must be lowered to
the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and
secured against movement.
· 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water
drainage. Any work performed over water shall meet all Federal, State and Local regulations.
1.06.12 All power line wires must be considered dangerous and of high v. oltage unless informed to the contrary
by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment
or load shall be; 200 KV or below - 15 feet, 200 to 350 KV - 20 feet, 350 to 500 KV - 25 feet, 500 to 750 ICg --
35 feet, 750 to 1000 KV - 45 feet and if capacity of the line is not known, minimum clearance of 45 feet must be
maintained. A person shall be designated to observe clearance of the equipment and give a timely warning for
all operations where it is difficult for an operator to maintain the desired clearance by visual means.
1.07 Excavation
1.07.01 Before excavating, it must be ascertained by the Contractor if there are any underground pipe lines,
electric' wires, or cables, including fiber optic cable systems that either cross or run parallel with the track which
are located within the Projects work area. Excavating on Railway's Property could result in damage to buried
cables resulting in delay to Railway traffic, including disruption of service to users resulting in business
interruptions involving loss of revenue and profits. Before any excavation commences, .the Contractor must
contact the Railway's Signal Supervisor and Roadmaster. All underground and overhead wires must be
considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is
also the Contractor's responsibility to notify any other companies that have underground utilities in the area and
arrange for the location of all underground utilities before excavating.
EXH_C CA Agency Feb. 22, 2000
1.07.02 The Contractor must cease all work and the Railway must be notified immediately before continuing
excavation in the area if obstructions are encountered that do not appear on drawings. If the obstruction is a
utility, and the owner of the utility can be identified, then the owner should also be notified immediately. If
there is any doubt about the location of underground' cables or lines of any kind, no work will be performed until
the exact location has been determined. There will be no exceptions to these instructions.
1.07.03 All excavations shall be conducted in compliance with applicable OSHA regulations and regardless of
depth shall be shored where there is any danger to tracks, structures or personnel.
1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or
protected when not being worked on. When leaving work site areas at night and over weekends, the areas must
be Secured and left in a condition that will ensure that Railway employees and other personnel who may be
working or passing through the area are protected from all hazards. All excavations must be back filled as soon
as possible.
1.08 Hazardous waste, Substances and Material Reporting
1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious
material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's
Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this
Agreement, Contractor shall immediately: (a)notify the Railway's Resource Operations Center at 1(800)
832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents
and/or third parties: and (c) exercise due care with respect to the release,, including the taking of any appropriate
measure to minimize the impact of such release.
1.'09 Personal Injury Reporting
1.09.01 The Railway is required to report Certain injuries as a part of compliance with Federal Railroad
Administration (FRA) reporting requirements. Any Personal injury sustained by an employee of the Contractor,
subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by Phone
mail if unable to contact in. person) to the RailwaY's representative in charge of the project. The Non-Employee
Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at
.1 (817) 352-7595 and to the Railway's Representative no later than the close of shift on the date of the injury.
EXH_C CA A~em~v g,~ ~ oaten
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 IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St 2. Date: Time:
County: 3. Temperature: 4. Weather
(if non-BNSF location)
5. Social Security #
6. Name (last, first, mi)
7. Address: street: City:
8. Date of Birth: and/or Age ~ Gender:
(if available)
9. (a) Injury:
(i.e. (a) Laceration Co) Hand)
11~ Description of Accident (To include locatiom action, result, etc.):
(b) Body Part:
St.,, Zip:
12. Treatment:
". First Aid Only
"Required Medical Treatment
"Other Medical Treatment
13. Dr. Name
14. Dr. Address:
Street:
15. Hospital Name:
City:
16. Hospital Address:
Street:
City:
17. Diagnosis:
30. Date:
St:
St:
Zip:
Zip:
FAX TO
RAILWAY AT (817) 352-7595
AND COPY TO
RAILWAY ROADMASTER FAX
EXH_C CA Agency Feb. 22, 2000
EXHIBIT "C'I"
Agreement
Between
THE BURLINGTON NORTHERN AND SANTA IrE RAILWAY COMPANY
and the
CONTRACTOR IN CALIFORNIA
THE BURLINGTON NORTHERN AND SANTA Fig RAILWAY COMPANY
740 E. Carnegie Drive
San Bemardino, CA. 92408-3571
Attention: 'Manager Public Projects
Railway File: 05002483 - Edinger Avenue
Agency Project: Widen and improve Edinger Ave. at grade crossing, upgrading the signals and the crossing
surface. ~
Gentlemen:
The undersigned, hereinafter referred to as Contractor, has entered into a Contract dated ,2002,
with the for the performance of certain work in connection with the
project, in the performance of which work the
Contractor .will necessarily be required to conduct operations within'THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY ("Railway"), right of way and property ("Railway Property"). The Contract
provides that no work shall be commenced within Railway Property until the Contractor employed in connection
with said work for (Agency) shall have executed and delivered to Railway an Agreement, in the form hereof, and
shall have provided insurance of the coverage and limits specified in said Contract and Section 2 of this Agreement.
If this Agreement is executed by other than the Owner, General Partner, President or Vice President of Contractor,
evidence is furnished to you herewith certifying that the signatory is empowered to execute this Agreement for the
Contractor.
Accordingly, as one of the inducements to and as part of the consideration for Railway granting permission
to Contractor to enter upon Railway Property, Contractor, effective on the date of said Contract, has agreed and does
hereby agree with Railway as follows:
Section 1. RELEASE OF LIABILITY AND INDEMNITY
Contractor agrees to release Railway from any claims arising from the performance of this Agreement
which Contractor or any of its employees, subcontractors, agents or invitees could otherwise assert against Railway,
regardless of the negligence of Railway, except to the extent that such claims are'proximately caused by the willful
misconduct or sole negligence of Railway.
Contractor shall indemnify and hold harmless Railway for all judgments, awards, claims, demands, and
expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers
and employees, and for loss and damage to property belonging to any person, arising in any manner from
Contractor's or any of Contractor's subcontractors' acts or omissions or failure to perform any obligation hereunder.
THE LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT, IF IT IS
A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR
CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES
OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED
BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF RAILWAY.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE
ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL
EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE
SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED.
Approved VP Law April 17, 2000 Page 1 of 5
C-I CA Apr 17.doc
contractor further agrees, at its expense, in the name and on behalf of Railway, that it shall adjust and settle
all claims made against Railway, and shall, at 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 shall give notice to Contractor, in writing, of the receipt or dependency of such claims and
thereupon Contractor shall proceed to adjust and handle to a conclusion such claims, and in the event of a suit being
brought against Railway, Railway may forward summons and complaint or other process in connection therewith to
Contractor, and Contractor, at Railway's discretion, shall defend, adjust, or settle such suits and protect, indemnify,
and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses
growing out of or resulting from or incident to any such claims or suits.
It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in
this Agreement shall survive any termination of this Agreement.
Section 2. INSURANCE
(a)
Before commencing any work under this Agreement, Contractor must piovide and maintain in effect
throughout the term of this Agreement insurance, at Contractor's expense, covering all of the work and
services to be performed hereunder by Contractor and each of its subcontract.ors, as described below:
I) Workers' Compensation coverage as is required by State law. THE-CERTIFICATE MUST
CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMPANY'S SUBROGATION
RIGHTS AGAINST THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY.
2)
3)
Commercial General Liability insurance covering liability, including but not limited to Public
Liability, Personal Injury, Property Damage and Contractual Liability covering the obligations
assumed by Contractor in Section 1, with coverage of at least $2,000,000 per occurrence and
$6,000,000 in the aggregate. Where explosion, collapse, or underground hazards are involved, the X,
C, and U exclusions must be removed from the policy.
Automobile Liability insurance, including bodily injury and property damage, with coverage of at least
$1,000,000 combined single limit or the equivalent covering any and all vehicles owned or hired by the
Contractor and used in performing any of the services under this agreement.
4) Railroad Protective Liability .insurance stating The Burlington Northern and Santa Fe-.Railway
Company is the Named Insured covering all of the liability assumed by the Contractor under the
provisions of this Agreement with coverage of at least $2,000,000 per occurrence and $6,000,000 in
the aggregate. Coverage shall be issued on a standard ISO. form CG 00 35 01 96 and endorsed to
include ISO form CG 28 31 10 93 and the Limited Seepage and Pollution Endorsement (see attached
copy).
The average train traffic per 24-hour period on this route is 2 freight trains at a timetable speed of 10
MPH and 0 passenger trains at a timetable speed of 0 MPH and 0 switch engine movements.
All insurance shall be placed with insurance companies licensed to do business in the States in which
the work is to be performed, and with a current Best's Insurance Guide Rating of A- and Class VII, or
better.
In all cases except Workers' Compensation and Railroad Protective Liability coverage the certificate
must specifically state that THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY IS AN ADDITIONAL INSURED.
Any coverage afforded Railway, the Certificate Holder, as an Additional Insured shall apply as
primary and not excess to any coverage issued in the name of Railway.
Approved VP Law April 17, 2000 Page 2 of 5
C-I CA Apr IT.doc
(b)
Such insurance shall be approved by the Railway before any work is performed on .Railway's Property and
shall be carried until all work required to be performed on or adjacent to Railway's Property under the
terms of the contract is satisfactorily completed as determined by ..(Agency) , and
thereafter until all tools, equipment and materials not belonging to the Railway, have been removed from
Railway's Property and Railway Property is left in a clean and presentable condition. The insurance herein
required shall be obtained by the Contractor and Contractor shall furnish Railway with an original
certificate of insurance, signed by the insurance company, or its authorized representative, evidencing the
issuance of insurance coverage as prescribed in (a) 1, 2 and 3 above, plus the original Railroad Protective
Liability insurance policy to:
Attention:
Insurance Approvals
Engineering Services
The Burlington Northern and Santa Fe Railway Company
4515 Kansas Avenue
Kansas City, Kansas 66106
The certificate of insurance shall guarantee that the policies will not be amended, altered,, modified or
canceled insofar as the coverage contemplated hereunder is concerned, without at least thirty (30) days
notice mailed by registered mail to Railway.
Full compensation for all premiums which the Contractor is required to pay on all the insurance described
hereinafter shall be considered as included in the prices paid for the various items of work to be performed
under the Contract, and no additional allowance will be made therefor or for additional premiums which
may be required by extensions of the policies of insurance.
It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under
Section 1 will not in any way be limited to or affected by the amount of insurance obtained and carried by
the Contractor in connection with said Contract.
The Railway file reference number and location information shown at the top of this Agreement,
must appear on any original insurance policies or certificates of insurance sent to Railway by the
Contractor.
Section 3. EXHIBIT "C" CONTRACTOR REQUIREMENTS
The Contractor will observe and comply with all the provisions, obligations and limitations to be observed
by Contractor which are contained in the subdivision of the specifications of said Contract, entitled EXHIBIT "C",
CONTRACTOR REQUIREMENTS, and shall include, but not be limited to, payment of all costs incurred for any
damages to Railway roadbed, tracks, and/Or appurtenances thereto, resulting from use, occupancy, or presence of its
employees, representatives, or agents or subcontractors on or about the construction site.
Section 4. TRAIN DELAY
Contractor shall be responsible to Railway, including its affiliated railway companies, and its tenants for all
damages for any unscheduled delay to a freight or passenger train that affects 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 and train service employees contractual loss of
incentive pay and bonuses, and contractual penalties resulting from train delays, whether caused by Contractor, or
subcontractors, or by the Railway performing Railway Work. Railway agrees that it will not perform any act to
unnecessarily cause train delay.
For loss of use, Contractor will be billed per freight train hour at an average rate of (.$385.33 in 1997) with
annual adjustments) per hour per train as determined from Railway's record. Any disruption.to train traffic may
cause delays to multiple trains at the same time for the same period.
Approved VP Law April 17, 2000 Page 3 of 5
C-I CA Apr 17.doc
In addition to the above damages, passenger, U.S. mail trains and certain other grain, intermodal,, coal and
freight trains operate under incentive/penalty contracts between Railway and its customer. Under these
arrangements, if Railway does not meet its contract service commitment, Railway may suffer loss of performance or
incentive pay or be subject to a penalty payment. Contractor shall be responsible for any train performance and
incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a
train delay caused by Contractor, or subcontractors.
As example, a train arrives 30 minutes after its contract service commitments and Railway is assessed
damages per terms of the contract. Either Contractor, and/or subcontractors, caused ia 29 minute delay to the train
and .therefore are not responsible for any train performance and incentive penalties or other contractual economic
losses actually incurred by Railway.
As example, a train arrives 30 minutes after its contract service commitments and Railway is assessed
damages per terms of the contract. Either Contractor, and/or subcontractors, caused a 31 minute delay to the train
and therefore are 100% responsible for any train performance and incentiVe penalties or other contractual economic
losses actually incurred by Railway.
The contractual relationship between Railway and its customers is proprietary and confidential. 'In the
event of a train delay covered by this Agreement, Railway will share informatioh relevant to any train delay to the
maximum extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains
could be as high as $50,000.00 per incident.
Contractor and subcontractors shall plan, schedule, coordinate and conduct all Contractor's work so
as to not cause any delays to any trains.
Kindly acknowledge receipt of this letter by signing and returning to the undersigned two original
copies of this letter, which, upon execution by Railway, shall constitute an Agreement between us.
Yours truly,
(Contractor)
The Burlington Northern and Santa Fe
Railway Company
By: By:
Name:
(Title)
State: Zip:~
Address
City:
Name: Robert Grimes
Manager Public Projects
Accepted this ~day of ,2002
Approved VP Law April 17, 2000 Page 4 of 5
LIMITED SEEPAGE, POLLUTION AND CONTAMINATION COVERAGE ENDORSEMENT WORDING
'In consideration of the premium charged it is understood and agreed that Exclusion f. of Coverage A. of this Policy
shall not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused
solely by:
1. unintended fire, lightning or explosion: or
· 2. a collision or overturning of a road vehicle: or
3. a collision or overturning or derailment of a train.
Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to:
1. loss of, damage to or loss of use of property directly or indirectly resulting from sub-surface operations of
the Insured, and/or removal of, loss of or damage to sub-surface oil, gas or any other substancei
2. any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or
dumping of any waste materials or substances;
3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating
substances;
,
the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating
substances on property at any time owned and/or leased and/or rented by the insured and/or under the
control of the Insured.
Notwithstanding the foregoing, Item 1 does not apply to tunnels.
Approved VP Law April 17, 2000 Page 5 of 5
C-1CAAor IF.dot-
Recording requested by City of Tustin
When recorded return to:
City of Tustin
City Clerk's Office .
300 Centennial Way
Tustin, CA 92780-371
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged, The Burlinqton Northern and
Santa Fe Railway Company
Hereinafter referred to as "Grantor", does hereby grant to the City of Tustin, a Municipal Corporation
hereinafter referred to as "GRANTEE", an easement and right-of-way for street and highway, purposes and no
other purposes, in, on and over the real property in the City of Tustin, County of Orange, State of California,
described as:
See EXHIBIT "A" and Exhibit "B"
attached hereto and by reference made a part.
Grantor shall have the right to continue to use the above described real property for any purpose not
inconsistent with the rights granted Grantee. Grantee shall not place, or allow to be placed, within the above
described real property any gas, electric, telecommunications, cable TV or other utility pipeline, wire,
transmission line or other facility without first obtaining a permit or license from Grantor therefore. Grantor
shall not unreasonably withhold such permit or license provided, however, that it shall not be deemed
unreasonable for Grantor (1) to condition such permit or license upon terms consistent with terms then
required by Grantor for other similar permits or licenses, or (2) deny such permit or license if Grantor
determines in good faith that the proposed permit or license would pose a threat to safety with respect to
Grantor's operations.
The terms and conditions of that certain Construction and Maintenance Agreement between Grantor
and Grantee dated are incorporated herein by reference and shall survive the
delivery of this easement deed. Grantee shall not perform any future repair, maintenance, replacement or
other improvements within the above described real property unless and until Grantee and Grantor have
entered into either (1) a similar Construction and Maintenance Agreement or (2) such other permit or license,
addressing such future work in form and substance mutually agreeable to Grantor and Grantee.
This easement is granted without warranty of any kind and without any covenant of quiet enjoyment in and to
the easement.
Concurrently with the tender of an executed and notarized easement deed from GRANTOR, GRANTEE
agrees to pay GRANTOR the sum of dollars and
00/100 ($. .) for said easement.
Dated:
By
By,
C:\My Documents\BNSF Easement Deed.doc
State of California ) ss
County of Orange )
On ,20 before me
appeared
, a Notary Public, personally
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name
is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
Witness my hand and official seal.
Signature of the Notary
C:\My Documents\BNSF Easement Deed.doc
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