HomeMy WebLinkAboutContract 26856 CITY SECRETARY .
CONTRACT NO.
AGENCY
ORIGINAL
COPY
BNSF-Highway-Rail Signal Interface Agreement
State of: Texas BNSF Division: Texas
County of: Tarrant Subdivision: Fort Worth
City/Township: Fort Worth Line Segment: 7500
MP: 363.44, DOT No: 020 644G
THIS AGREEMENT,made on the dates hereinafter shown, by and between the CITY OF FORT WORTH, a
political subdivision of the State of Texas, hereinafter called the"Agency" and THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY, a Delaware Corporation, hereinafter called the"Railroad".
WITNESSETH
WHEREAS,the Agency proposes to intertie the highway traffic control signals with the grade crossing
warning devices at Intermodal Parkway, DOT No. 020 644G as indicated on Exhibit"A"attached hereto and made a
part hereof; and
WHEREAS,the Railroad has grade crossing warning devices at the intersection of its track and Intermodal
Parkway, DOT No.020 644G as indicated on Exhibit"A"and
WHEREAS, the Railroad agrees to allow the City of Fort Worth to intertie the highway traffic control signals
with the grade crossing warning devices as indicated on Exhibit-"N'.
AGREEMENT
NOW,THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the
parties hereto to be by them respectively kept and performed as hereunder set forth, it is agreed as follows:
1. SCOPE OF WORK
a. The Agency shall provide the Railroad with the total time required from the start of preempt cycle of highway
traffic control signals until arrival of the train at the highway-rail crossing.
b. The Railroad will provide an interface box, with contact terminals, mounted on the side of the railroad
instrument cabin.
c. The Agency will connect the highway traffic control signals to the contact terminals in the interface box.
d. The Railroad shall submit a cost estimate to perform the railroad work required to complete the intertie
project. Such railroad work and the estimated cost thereof being as shown in Exhibit"B"attached hereto and
made a part hereof.
2. CONSTRUCTION AND MAINTENANCE
a. The Railroad shall commence the work to be done by it herein with schedule to be determined by Railroad
after having been notified by the Agency to proceed with the work a[d sna procei dTQen y into
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Intermodal Parkway Intertie Agreement September 29, 2000—Page 1
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completion. Material which might be used on the project may be assembled sufficiently in advance to
assure prompt delivery but reimbursement for any materials or handling charges will be contingent upon the
issuance of a"Authority to Proceed" by the Agency to the Railroad.
b. The Railroad agrees to operate and maintain, at its expense the railroad crossing warning devices, and all
related railroad crossing signal control and train detection equipment on the Railroad side of the interface
box, the terminals inside the interface box and the interface box.
c. The Agency agrees to operate and maintain, at is expense, the highway traffic control signals, all related
traffic signal control equipment,the connecting cable and any conduit from the traffic signal control facilities
up to and including connection to the contact terminals in the interface box.
3. PAYMENT
Upon completion of the work,the Railroad will bill the Agency,which will pay to the Railroad the cost of labor,
material and expenses incurred. Reimbursement to the Railroad will be made for work performed and materials
furnished, including but not limited to insurance premium's and coverage at the rate and amount set forth in the
approved cost estimate Exhibit-"B"attached, in accordance with the provisions of the Federal-Aid Policy Guide,
Subchapter B, Part 140,Subpart 1 issued by the Federal Highway Administration on December 9, 1991 and
amendments thereto except as modified by the provisions herein. However, in the event the Railroad has written
authority from the Agency to assemble materials prior to contract award and the project is delayed and/or
canceled,the Agency agrees to reimburse the Railroad for costs incurred and all materials paid for by the
Agency become its property and may be used on other Agency projects. The cost to the Agency shall not exceed
$13,0866 without the written authorization of Agency.
4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS
a. The Agency and/or its contractor shall, five working days before any work is performed, call the Railroads
Asset Management department at 1-800-533-2891 to determine if fiber optic cable is buried in the general
location where work is to be performed. In the event such cable is present,the Agency and/or its
Contractor shall then call the owner of the fiber optic line to determine its exact location. The Agency shall
indemnify and hold harmless the Railroad against any cost or claims arising out of damage to any fiber optic
cabled, but only to the extent such damage is caused by negligence of the State and/or its Contractor.
b. In no event shall the Agency and/or its Contractor ignore warning signs that fiber optic cable is present.
5. INDEMNIFICATION
a. The Agency shall assume all liability for and indemnify and hold the Railroad harmless from and against any
and all claims, suits, losses, damages, cost and expenses on account of injury to, or death of persons
whomsoever, or out of damage to or destruction of property whatsoever to the extent that any such injury,
death, damage or destruction is caused by the negligence of the Agency and it s employees, agents or
Contractors. Nothing contained herein shall require Agency to assess, levy, or collect any tax to fund this
indemnification provision. The Agency shall also release the Railroad from and shall waive 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 of the maintenance thereafter of any
of the Agency's highway traffic control signals, cables connections at and about the grade crossing.
b. To the extent permitted by law, Agency further agrees , at its expense, in the name and on behalf of the
Railroad,that it shall adjust and settle any claims made against the Railroad and shall appear and defend
any suits or actions at law or in equity brought against the Railroad 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 the Railroad is alleged to be liable. The Railroad shall give notice to the Agency in writing of the
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Intermodal Parkway Intertie Agreement September 29, 2000—Page'2
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receipt of pendency of such claims and thereupon the Agency shall proceed to adjust and handle to a
conclusion such claims, and in the event of suit being brought against may forward the summons and
complaint or process in connection therewith to the Agency, and the Agency shall defend, adjust, or settle
such suits and protect, indemnify, and save harmless the Railroad 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. Nothing contained herein shall require Agency to assess, levy, or collect any tax to fund this
indemnification provision.
6. CONDUIT LICENSE
The Railroad hereby grants to the Agency a license(The License)to install maintain and operate the Conduits
upon and across a portion of the Railroad's property as shown on Exhibit"A".
7. INSURANCE
The contract or contracts to be let by the Agency for the construction of the work to be undertaken by it
hereunder shall provide insurance and indemnification limits as indicated in Item-(5)and Exhibits"C"and"C-1",
attached hereto and made a part hereof.
IN TESTIMONY WHEREOF,the parties hereto have caused these presents to be executed in duplicate on the dates
indicated.
The Burlington No and Santa Fe Railway Company
By: -
Manager Public Pro cir'
Approved as to Form:
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Contract Authorization
BNSF Law Department
Date � 0
City of Fort Worth
Approval Re ommended:
B 1 B"_
o Malanga, P.E. Mike Groomer
Director, Transportation/Public Works Department Assistant ity Manager
Approved as to Formapd Legality:
By
Gary Stein erger GI is Pearson
Assistant City Attorney City Secretary
Date /0 ALOL
Intermodal Parkway Interne Agreement September 29, 2000—Page 3 al
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1
THE B. N. S. F. RAIL14AY COMPANY
FHPM ESTIMATE FOR
T WORTH
-------------------------------- -------- ------------FO ---- ---------------------
LOCATION - ALLIANCE DETAILS 'IFESTIMATER j�
G )CItiI / r�
PURPOSE, JUSTIFICATION AND DESCRIPTION T-
SIGNAL WORK ASSOCIATED WITH PRE-EMPTION AT THE INTERSECTION OF IN'TERMDD'JLE PARKWAY AND FM
156 IN FORT WORTH, TX
TEXAS DIV., FORT WORTH SUBDIV., L/S 7500, RRMP 363.44, DOT 020 644G
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING
PURPOSES ONLY. THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS. DETAILED AND
ACCURATE MATERIAL LISTS !,'ILL BE FURNISHED WHEN ENGINEERING IS COMPLETED.
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BN&SF
RAILROAD.
THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER ESTIMATE IS SUBJECT TO CHANGE IN COST FOR
LABOR, MATERIAL, AND OVERHEAD.
WORK
NOTE: APPROACHES ARE FIGURED AT 60 MPH FOR PROPOSED AMTRAK SPEED INCREASE.
THIS PROJECT IS 100% BILLABLE TO THE CITY OF FORT WORTH.
DESCRIPTION QUANTITY U/M COST TOTAL g
--------------------------------------------- -------- ----- ------ ----------- -----------
LABOR
SIGNAL FIELD LABOR, 48.00 MH 1,053
PAYROLL ASSOCIATED COSTS 650
EQUIPMENT EXPENSES 191
SUPERVISION EXPENSES 715
INSURANCE EXPENSES 157
----------- -----------
TOTAL LABOR COST 2,7656 2,766
MATERIAL
HD LINK. PKS 1.00 LS 5,000
MISC. MATERIAL 1.00 LS 200
NB-SHUNT 4.00 EA 1,700
STORE EXPENSES 168
OFFLINE TRANSPORTATION 86
----------- -----------
TOTAL MATERIAL COST 7,154 7,154
OTHER
CONTRACT ENGINEERING-SIGNAL 1.00 LS 2,5000
EQUIPMENT RENTAL 1.00 AC 600
----------- -----------
TOTAL OTHER. ITEMS COST 3,100 1,100
PROJECT SUBTOTAL 13,020
CONTINGENCIES 0
BILL PREPARATION FEE 66
GROSS PROJECT COST 13,086
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 13,086
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EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General
1.01.01 The Contractor shall cooperate with THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY,hereinafter referred to as "Railway", where work is over or under, on or adjacent to
Railway property and/or right-of-way, hereafter referred to as 'Railway Property", during the construction of:
TRAFFIC SIGNAL PRE-EMPTION AT FM 156&INTERMODAL PARKWAY(DOT No. 020 644G) .
1.01.02 The Contractor shall plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains on Railway Property.
1.01.03 The Contractor's right to enter Railway Property is subject to the absolute right of Railway to cause the
Contractor work on Railway Property to cease it in the opinion of Railway, Contractor activities create a hazard
to Railway Property,employees,and/or operations.
1.01.04 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 work under this Agreement.
1.01.05 The Contractor shall notify the City of Fort Worth telephone number (817) 871-8485 and Railway's
Manager Public Projects, telephone number(817)352-2902 at least thirty(30)working days before commencing
any work on Railway Property. Contractor's notification to Railway, shall refer to Railway file: 020644.
1.01.06 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 1/2 horizontal to 1
vertical slope beginning at eleven (11)feet from center line 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 drawings 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
railroad 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 tracks. In no case shall the Contractor be relieved of
responsibility for results obtained by the implementation of said approved plans.
1.01.07 Subject to the movement of 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
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 its representative, and that each of its employees,subcontractors, agents or
invitees have received the same Safety Orientation through sessions conducted by or through the
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Intermodal Parkway Interne Agreement--EXHIBIT"C" Page 1
Contractor before any work is performed on the Project. The Contractor shall contact BNSF Manager
Public Projects at telephone (817) 352-2902 or fax (817) 352-2912 , at least thirty (30) calendar days in
advance to arrange the necessary Safety Orientation session(s).
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 operations will be repaired or replaced by Railway and
the cost of such repairs or replacement shall be paid for by the Agency.
1.03.02 The Contractor shall notify the Railway's Division Superintendent at: 14100 John Day Road, Haslet,
Texas 76052, Fax No. (817)224-7010, and provide blasting plans to the Railway for review seven(7) calendar
days prior to conducting any blasting operations adjacent to or on Railway Property.
1.03.03 The Contractor shall abide by the following clearances during construction:
25'-0" Horizontally from center line 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 Fort Worth and shall not be undertaken until approved in writing by the
Railway, and until the City of Fort Worth 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 Contractor.
1.03.06 The details of construction affecting the Railway Property and tracks not included in the contract plans
shall be submitted to the Railway by the City of Fort Worth for approval before work is undertaken and this
work shall not be undertaken until approved by the Railway.
1.03.07 At other than public road crossings, the Contractor shall not move any equipment or materials across
Railway's tracks until permission has been obtained from the Railway. The Contractor shall obtain a"Temporary
Private Crossing Agreement"from the Railway prior to moving his equipment or materials across the Railway's
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 (800) 832-5452, of any discharge, release or spills. Contractor shall not allow
Railway Property to become a treatment or storage facility as those terms are defined in the Resource
Conservation and Recovery Act or any state analogue.
1.03.09 The Contractor,upon completion of the work covered by this contract,shall promptly remove from the
Railway 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,
Intermodal Parkway Interne Agreement—EXHIBIT"C" Page 2
and shall cause Railway Property to be left in a condition acceptable to the Railway representative.
1.04 Contractor Safety Action Plan
1.04.01 Each Contractor shall develop and implement a Safety Action Plan which shall be made available
to Railway prior to commencement of any work on Railway Property. During the performance of work,
the Contractor shall audit its compliance with the Safety Action Plan. The Contractor shall designate an
on-site Project Supervisor who shall serve as the contact person for the Railway and who shall maintain a
copy of the Safety Action Plan and subsequent audits at the job site for inspection and review by the
Railway at any time during the course of the project. The Safety Action Plan shall contain, but not be
limited to, the following;
Contractor's 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 Affect the Safe
Operation
of Trains(Sec 1.06.06)
Falsework/Shoring Affecting the Integrity 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&1.05.02e)
Security of Machines,Equipment and Vehicles(Sec 1.06.10)
Powerline 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 30 calendar days written notice to the Railways Roadmaster at
4028 Deen Road,Fort Worth,Texas 76106-1411,Fax No. (817)740-7277,in advance of when flagging services
will be required to bulletin flaggers position and shall provide five(5)working days notice to the Roadmaster to
abolish the position per union requirements.
Intermodal Parkway Intertie Agreement—EXHIBIT"C" Page.3
1.05.02 Railway nagger and protective services and devices will be required and furnished when Contractor's
work activities are located over or under or within twenty-five (25) feet measured horizontally from center line
of the nearest track and when cranes or similar equipment positioned outside of 25-foot horizontally from track
center line that 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 in the opinion of the Railway representative, it is necessary to safeguard Railway
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 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. The base cost per hour for (1)
flagger is $18.00 plus 160% for year of 1999 for vacation allowance, paid holidays, Railway and
Unemployment: Insurance, Public Liability and Property Damage Insurance, health and welfare benefits,
transportation,meals,lodging and supervision, for an eight(8)hour basic day with time and one-half or double
time for overtime, rest days and holidays. These rates are subject to any increases which may result from
Railway Employees-Railway Management negotiations or which may be authorized by Federal authorities.
1.05.03a A flagging crew generally consists of one employee. However, additional personnel may be
required to protect Railway Property and operations, if deemed necessary by the Railway
representative.
1.05.03b Each time a flagger is called,the minimum period for billing shall be the eight(8)hour basic
day.
1.05.03c The cost of flagger services provided by the Railway,when deemed necessary by the Railway
representative,will be borne by the Agency.
1.05.03d The average daily train traffic at the project location is 26 freight trains at a timetable speed
of 55 MPH and 2 passenger train at a timetable speed of 55 MPH and 0 switch engine
movements.
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 center line of any track shall be in compliance with FRA Roadway Worker Protection Regulations.
1.06.02 Before beginning any task on Railway Property,a thorough job safety briefing shall be conducted
with all personnel involved with the task and repeated when the personnel or task changes. If the task is
within 25 feet of center line of any track, the job briefing must include the Railway's flagger 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).
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Intermodal Parkway Interne Agreement—EXHIBIT"C" Page 4 afgYYY
1.06.03 Workers shall not work nearer than 25 feet to the center line 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 Railway's representative in charge of the project must be notified. A minimum
of two employees shall be present at all times.
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 Property
and subsequently released to the custody of a representative of Contractor management. Future access to the
Railway Property by that employee will be denied.
1.06.06 Any damage to Railway Property, or any hazard that is noticed on passing trains, shall be reported
immediately to the Railway 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
Railways 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 knives with blades in excess of three(3)inches, firearms
or other deadly weapons in their possession while working on Railway 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
sideshields; 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 Railway's representative in charge of the project. Hearing protection, fall protection and
respirators will be worn as required by State and Federal regulations.
1.06.09 The Contractor shall not pile or store any materials, machinery or equipment closer than 25'-0" to the
center line of the nearest Railway track. At highway/rail at-grade crossings,materials,machinery or equipment
shall not be stored or left temporarily which interferes with the sight distances of motorists approaching the
crossing. Prior to beginning work,the Contractor will establish a storage area with concurrence of the Railways
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 Property must be left inoperable and
secured against movement.
1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water
drainage.Any work performed over water shall meet all Federal,State and Local regulations.
1.06.12 All power line wires must be considered dangerous and of high voltage unless Contractor has been
informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and
any part of the equipment or load shall be;200 KV or below - 15 feet,200 to 350 KV-20 feet, 350 to 500 KV-
25 feet, 500 to 750 KV - 35 feet, 750 to 1000 KV- 45 feet and if capacity of the line is not known, minimum
Internodal Parkway Interne Agreement—EXHIBIT"C" Page 5
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clearance of 45 feet must be maintained A person shall be designated to observe clearance of the equipment and
give a timely waming 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 project's work area. Excavating on Railway Property could result in damage to buried
cables resulting in delay to Railway traffic, including disruption of service to users resulting in business
interruptions involving loss of revenue and profits. Before any excavation commences, the Contractor must
contact the Railways Signal Supervisor and Roadmaster. All underground and overhead wires must be
considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is
also the Contractor's responsibility to notify any other companies that have underground utilities in the area and
arrange for the location of all underground utilities before excavating.
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 beno 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 Railway Property must be covered, guarded and/or protected
when not being worked on. When leaving work site areas at night and over weekends,all 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
Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this
Agreement, Contractor shall immediately: (a)notify the Railways 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.
Intermodal Parkway Interne Agreement—EXHIBIT"C" Page 6 �ru�� !� �
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 Property must be reported immediately(by phone
mail if unable to contact in person)to the Railway 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
(817)352-7595 and to the Railway representative no later than the close of shift on the date of the injury.
Kindly acknowledge agreement to comply with these requirements by signing,and returning to the Railway's
Manager Public Projects two original copies of this document along with the Railroad's Exhibit"C-1"
Agreement(attached).
(Name of Contractor)
By
Its:
Date:
Address
City, State, Zip
Intermodal Parkway Intertie Agreement—EXHIBfT"C" Page 7 �1 U D
dgy
0
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: 3.Time:
4. County: 5.Temperature: 6. Weather
(if non-BNSF location)
7. Social Security#
8. Name(last,first,mi)
9. Address: Street: City: St Zip:
10. Date of Birth: and/or Age 11.Gender:
(if available)
12. (a) Injury: (b)Body Part:
(i.e.(a)Laceration(b)Hand)
13. Description of Accident(To include location,action,result,etc.):
14. Treatment:
First Aid Only
Required Medical Treatment
"Other Medical Treatment
15. Dr.Name 16.Date:
17. Dr.Address:
Street: City: St: Zip:
18. Hospital Name:
19. Hospital Address:
Street: City: St: Zip:
20. Diagnosis:
FAX TO
RAILWAY AT(817)352-7595
AND COPY TO
RAILWAY REPRESENTATIVE
Intermodal Parkway lntertieAgreement—EXHIBIT"C" Page 8VEX
EXHIBIT "C-1"
Agreement
Between
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
and the
CONTRACTOR
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
5800 North Main Street
Fort Worth,Texas 76179
Attention: Manager Public Projects,(817)352-2902
Railway File: 020644
Agency Project: Traffic Signal Pre-emption at FM 156&Intermodal Parkway(DOT No. 020 644G)
Gentlemen:
The undersigned,hereinafter referred to as Contractor,has entered into a Contract dated
with the City of Fort Worth for the performance of certain work in connection with the project: Traffic Signal 1 Pre_
emption at FM 156&Intermodal Parkway;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 the City of
Fort Worth 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
intentional misconduct or gross 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 INTENTIONAL MISCONDUCT OR GROSS 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.
Intermodal Parkway Interne Agreement-EXHIBIT"C-1" Page 1
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 pendency 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 provide and maintain in effect
throughout the term of this Agreement insurance,at Contractor's expense,covering all of the work and
services to be performed hereunder by Contractor and each of its subcontractors,as described below:
(1) Workers'Compensation coverage as is required by State law. THE CERTIFICATE
MUST CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMPANY'S
SUBROGATION RIGHTS AGAINST THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY.
(2) Commercial General Liability insurance covering liability,including but not limited to
Public Liability,Personal Injury,Property Damage and Contractual Liability covering the
obligations assumed by Contractor in Section 1,with coverage of at least$2,000,000 per
occurrence and$6,000,000 in the aggregate.Where explosion,collapse, or underground
hazards are involved, the X,C,and U exclusions must be removed from the policy.
(3) Automobile Liability insurance, including bodily injury and property damage, with
coverage of at least$1,000,000 combined single limit or the equivalent covering any and
all vehicles owned or hired by the Contractor and used in performing any of the services
under this agreement.
(4) Railroad Protective Liability insurance stating The Burlington Northem 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 0196 and endorsed to include ISO form CG 28 31 10 93 and the
Limited Seepage and Pollution Endorsement(see attached copy).
The average daily train traffic at this project location is 26 freight trains at a timetable
speed of 55 MPH and 2 passenger trains at a timetable speed of 55 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.
Intermodal Parkway Interne Agreement-EXHIBIT"C-1" Page 2 Cu`✓ `4 �`L5�U�p
JTTI 7r�a7rG�
V 119 �'1lhlr
,.-.I;,H7 VEX
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.
(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 the City of Fort Worth 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: Leigh Wheeler
The Burlington Northern and Santa Fe Railway Company
4515 Kansas Avenue
Kansas City,Kansas 66106
(913)551-4035 Phone
(913)5514285 Fax
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.
(c) In lieu of providing a Railroad Protective Liability Insurance policy,Agency may participate in Railway's
Blanket Railroad Protective Liability Insurance Policy available to Agency or its contractors or
subcontractors.The limits of coverage are the same as above. Contact the Railway's representative
specified in Section 2(b) for further information.
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 and location information shown at the top of this Agreement,must appear on any
original insurance policies or certificates of insurance sent to Railway by the Contractor.
Section 3. The Contractor will observe and comply with all the provisions,obligations and limitations to be
observed by Contractor which are contained in the subdivision of the specifications of said Contract, entitled
EXHIBIT"C",CONTRACTOR REQUIREMENTS,and shall include,but not be limited to,payment of all costs
incurred for any damages to Railway roadbed,tracks,and/or appurtenances thereto,resulting from use,occupancy,
or presence of its employees,representatives,or agents or subcontractors on or about the construction site.
Section 4. Contractor shall be responsible to Railway, including its affiliated railway companies,and its tenants for
all damages for any unscheduled delay to a freight or passenger train that affects 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
aG�'
u v _D
Intermodal Parkway Intertfe Agreement-EXHIBIT"C-1" Page 3 r j�' lr�i� f� ,a G�
vOU U C) tf.�
u
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 Railways record. Any disruption to train traffic may
cause delays to multiple trains at the same time for the same period.
In addition to the above damages,passenger,U.S.mail trains and certain other grain,intermodal,coal and
freight trains operate under incentive/penalty contracts between Railway and its customer. Under these
arrangements,if Railway does not meet its contract service commitment,Railway may suffer loss of performance or
incentive pay or be subject to a penalty payment. Contractor shall be responsible for any train performance and
incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a
train delay caused by Contractor,or subcontractors.
As example,a train arrives 30 minutes after its contract service commitments and Railway is assessed
damages per terms of the contract. Either Contractor,and/or subcontractors,caused a 29 minute delay to the train
and therefore are not responsible for any train performance and incentive penalties or other contractual economic
losses actually incurred by Railway.
As example,a train arrives 30 minutes after its contract service commitments and Railway is assessed
damages per terms of the contract. Either Contractor,and/or subcontractors,caused a 31 minute delay to the train
and therefore are 100%responsible for any train performance and incentive penalties or other contractual economic
losses actually incurred by Railway.
The contractual relationship between Railway and its customers is proprietary and confidential. In the
event of a train delay covered by this Agreement,Railway will share information relevant to any train delay to the
maximum extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains
could be as high as$50,000.00 per incident.
Contractor and subcontractors shall plan,schedule,coordinate and conduct all Contractor's work so as to
not cause any delays to any trains.
Kindly acknowledge receipt of this letter by signing and returning to the Railway's Manager Public Projects
two original copies of this letter,which,upon execution by Railway,shall constitute an Agreement between
US.
Yours truly,
(Name of Contractor) The Burlington Northern and Santa Fe
Railway Company
By By
Its: Its:
Accepted this day of
Address
City, State, Zip
k- �`E ED DD
Intermodal Parkway Interne Agreement-EXHIBIT"C-1" Page 4
(fin �",�,�fJ➢ �����e
1
LIMITED SEEPAGE, POLLUTION AND CONTAMINATION COVERAGE
ENDORSEMENT WORDING
In consideration of the premium charged it is understood and agreed that Exclusion f. of
Coverage A. of this Policy shall not apply to the liability of the Insured resulting from seepage
and/or pollution and/or contamination caused solely by:
a) unintended fire, lightning or explosion: or
b) a collision or overturning of a road vehicle: or
c) a collision or overturning or derailment of a train.
Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall
not apply to:
1. loss of, damage to or loss of use of property directly or indirectly resulting from
sub-surface operations of the Insured, and/or removal of, loss of or damage to
sub-surface oil, gas or any other substance;
2. any site or location used in whole or in part for the handling, processing,
treatment, storage, disposal or dumping of any waste materials or substances;
3. the cost of evaluating and/or monitoring and/or controlling seeping and/or
polluting and/or contaminating substances;
4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting
and/or contaminating substances on property at any time owned and/or leased
and/or rented by the insured and/or under the control of the Insured.
Notwithstanding the foregoing, Item 1 does not apply to tunnels.
Intermodal Parkway Interne Agreement-EXHIBIT"C-1" Page 5cc �p'ur tccL�FilE Al/p G'Y
City of Fort Worth, Texas
"ayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/20/01 **C-18460 20SCHWARTZ 1 of 2
SUBJECT AGREEMENT WITH THE FORT WORTH AND WESTERN RAILROAD FOR THE
INSTALLATION OF CONCRETE CROSSING SURFACE ON SCHWARTZ AVENUE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with the
Fort Worth and Western Railroad for the installation of a concrete crossing surface on Schwartz Avenue
for a total cost to the City not to exceed $24,785.62.
DISCUSSION:
Schwartz Avenue, from 28th Street to Long Avenue, was recently reconstructed and widened as part of
the 1990 Capital Improvement Program. The Burlington Northern and Santa Fe Railway Company and
the Dallas Area Rapid Transit (DART) have railway lines that cross Schwartz Avenue within these
limits.
The City previously entered into a cost share agreement with Burlington Northern and Santa Fe
Railway.Company to widen and reconstruct its railway crossing. The Fort Worth and Western Railroad
uses the DART railway line and assumes certain track maintenance responsibilities of the DART
crossing surface on Schwartz Avenue.
This agreement between the City and the Fort Worth and Western Railroad will complete the
reconstruction improvements to Schwartz Avenue. Under this agreement, the Fort Worth and Western
Railroad will provide all the material, labor, equipment, supplies and incidentals necessary to replace
and widen the existing crossing to a 63-foot wide concrete crossing. Additionally, the Fort Worth and
Western Railroad will furnish watchmen and flaggers and all traffic control as necessary for this project.
The City will provide for the cost of the crossing improvements in an amount not to exceed $24,785.62.
Because the 1990 Capital Improvement Program funds are depleted, this project is funded from the
Capital Improvement Program Contingency Funds reserved in the surplus bond fund.
This project is located in COUNCIL DISTRICT 2.
City of Fort Worth, Texas
4"afjor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/20/01 **C-18460 20SCHWARTZT 2 of 2
SUBJECT AGREEMENT WITH THE FORT WORTH AND WESTERN RAILROAD FOR THE
INSTALLATION OF CONCRETE CROSSING SURFACE ON SCHWARTZ AVENUE
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Street Improvements Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APPROVED
Dt f�
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
FEB 20 IQQt
Hugo Malanga 7801 (from)
GS29 541200 020290402910 $24,785.62 � �
Additional Information Contact: City semv ery of the
city of Fort Wortk w=9
George Behnmesh 7800
SUMMARY OF CONDUIT AND CABLES POLE NUMBER T-1T-2 T-3 T-4 T-5 T-6
CONOUT Q
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DNC,No. 3087 LOCATION No. 1802 SHEET No.S 0f 16