2015/05/06 Council Agenda Packet

Agency should forward the letter of credit or the surety bond to BNSF Manager of Credit, 2400 Western - Center Boulevard, Fort Worth, Texas 76131 (phone: 817-352-4194). If posting a cash.deposit pursuant to this provision, contact BNSF Manager of Credit to obtain the BNSF account information.**************1 ARTICLE IV—JOINT OBLIGATIONS IN CONSIDERATION of the premises,the parties hereto mutually agree to the following: 1. All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion'must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and seq sir . rthermore, any • changes or modifications during construction which affect BNSF will be _!i'a ec ' r, f; SF's written approval prior to the commencement of any such changes of t odificati• from �_1� : F Project Manager. 2. The work hereunder must be done in accordance with the o•_•e 'eoln -ment- gilt forth on Exhibit F and the detailed plans and specifications approved by BNSF. 3: Agency must require its contractor(s) to reasonably -[I`ere 'ro C:,construction schedule • for all Project work. The parties hereto mutually agree th- :!' F's failu -iCr,com•tte the railroad work in accordance with the construction schedule due to inclem- -ather or u1leseen railroad emergencies will not constitute a breach of this Agreerrient b BNSF will not :Abject BNSF to any liability. Regardless of the requirements of the construc kteritdule, o 0_ •re .=1 '4's the right to reallocate the- labor forces assigned to complete the railroa• \t.,irk the ev-•t Coif vet--mergency to provide for the immediate restoration of railroad operator_ Jh SF or , i-late• oads) or to protect persons or property on or near any BNSF owned (9)014V/ . BNSF II root be it0t - for any additional costs or expenses resulting from.anysuch real• = ion • labor for The i=@ ies mutually agree that any reallocation of labor forces by BNSF c i3 ti nt to thi-!Jq ision and any direct or indirect consequences or costs resulting from any such reallocate \'Pi not con i ir a breach of this Agreement by BNSF. 4. BNSF will have the•14ji ;; • co -iii ction work on the Project if any of the following events take place: (i) Agency (or Ai+ of its @ ii actor-)11:. orms the Project work in a manner contrary to the plans and spe ications - I..;Ar ove• lav' : (ii) gency (or any of its contractors), in BNSF's opinion, prosecute- 000- two t` a,ilt ner,fdlii el is hazardous to BNSF property, facilities or the safe and expedif.i! - ove ent of railro4 traffic, ( the insurance described in the attached Exhibit C-1 is cancel during the course o i the P -ct; or (iv) Agency fails to pay BNSF for the Temporary Constr•.r= ion Lice. Gr tI Ea eiu-i pursuant to Article II, Section 1 of this Agreement. The work stoppaeet.• •U '.. un 1 c1, necessary actions are taken by Agency or its contractor to rectify the situation • isfaction o o SF's Division Engineer or until additional insurance has been delivered to and accepted by BNSF. I e event of a breach of(i)this Agreement, (ii)the Temporary Construction License, or (iii) t e Ease ter °BNSF may immediately terminate the Temporary Construction License or the Easement. *ALE 11 5r stoppage under this provision will not give rise to any liability on the part of BNSF. BNSF's righ' o op the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: 5. Agency must supervise and inspect the operations of all Agency contractors to assure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of the BNSF railroad. If BNSF determines that proper supervision and inspection is Form 0105 Rev.06/01/05 27