2015/05/06 Council Agenda Packet

ARTICLE III—AGENCY OBLIGATIONS In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows: 1. Agency must furnish to BNSF plans and specifications for the Project. Four sets of said plans (reduced size 11" x 17"), together with two copies of calculations, and two copies of specifications in English Units,.must be submitted to BNSF for approval prior to commencement of any construction. BNSF will give Agency final written approval of the plans and specifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF's final written approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any approval by BNSF shall mean only that the plans and specifications meet the subjective sta 6. • o BNSF, and such approval by BNSF shall not be deemed to mean that the plans and spec;iea ions D Gnstruction is structurally sound and appropriate or that such plans and sp e. cations -et app'eat e egulations, laws, statutes or local ordinances and/or building codes. • ,; 2. Agency must make any required application and obtain all req red er its -nd ape {als for the • construction of the Project. 3. Agency must provide for and maintain minimum ver lea-an •o tzontal eearances, as required in Exhibit C and as approved by BNSF as part of the plans a"•q•ecificatio. i or the yoject. 4. Agency must acquire all rights of way necess-ry for r onstructioli of the Project. 5. Agency must make any and all arrange'- ts, .o plia-WAthi :NSF's Utility Accommodation Manual attached hereto as Exhibit , fort a stallatio D i teloca.i tc of wire lines, pipe lines and other facilities owned by private persons, comp-i ,_ •o.•orations, X tical r i'visions or public utilities other than BNSF which may be necessary fo ale.cons 'aeon of the P o ect. 6. Agency must construct the Pro]-•Pcs shown • l i e attached Exhibit A and do all work("Agency's Work") provided for in the pla d spec i ations fo e Project, except railroad work that will be performed by BNSF hereu •e _ JJcy m a •t rnish all labor, materials, tools and equipment for the performance of Agency's b k. The • a•i.al e -fie ts of Agency's Work are as follows: • [Note to : :ck, ch- ,' e „ ads v yI:cessary to describe the Project] , (- Construction of 1 Str e r e; '•Il rye ass-2%•rading and paving, including backfill of excavations and restoration of Disturbed ve g9 e ,-tion on BNSF's right-of-way; (c) P ovide s i •te drainage, both temporary and permanent; (d) Ins al ati'on of a gate in the fence along the boundary of BNSF's right of way in order to provide BNSF with permanent access for maintenance purposes; (e) Temporary Installation of K-Rail(Jersey) barriers and chain link fencing along Avenue between the tracks and the traveled roadways; (f) Construction and removal of a temporary pedestrian roadway detour crossing of the tracks, including chain link fence; (g) Provide appropriate pedestrian control during construction; Form 0105 Rev.06/01/05 2