2015/05/06 Council Agenda Packet

• • not being performed by Agency personnel at any time during construction of the Project, BNSF has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the Project will not proceed until Agency corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify for appropriate corrective action. • • 6. Agency agrees to provide, to the BNSF Manager Evidence Preservation, such Project documentation and records as are agreed to between the parties including: any project applications; any letters of approval and/or authorization forms (eg. PR-1240 or the equivalent); any and all payment Voucher forms requesting FHWA reimbursement (eg. PR-20 or the equivalent) or any other such project authorization or funding records as BNSF may request from time to time. Such records will be provided by the Agency to BNSF on a mutually agreeable schedule or within two (2) months after such records are generated or received by the Agency. Section 130 Documentation shall be provided to BNSF in the one of the following manners: Manager Evidence Preservation . ` , / 2600 Lou Menk Drive,AOB-3 • / Fort Worth, Texas 76131 .'f - Or electronically to: • Manager Evidence Preservation Section130(cr�,bnsf.com 7. Pursuant to this section and Article II, Sec oe• erein, g-ncy t r , reimburse BNSF in full for the actual costs of all work performed by BNSF ter' It Agree eiII 1 BNSF's Share as set forth in Article IV,Section 6 herein. BNSF's Share eu-st paid upon comp - el,of the Project. 8. •- All expenses detailed in statem-t sen`i 'gency pw,v ant t• icle II, Section 6 herein will comply with the terms and provisions agile Federalir•• Highway Program.Manual, U.S. Department of Transportation, as amended from time a ire, which a- al is hereby incorporated into and made a part of this Agreement by referenc-. t•le partie-u't tually agr-- that BNSF's preliminary engineering, design, and contract preparation co clesc4itial in Aloe II, Section 2 herein are part of the costs of the Project even though such work m.+/Dave pr-eed-d the g. - of this Agreement. 9. To •., . mutua I.') gr--1 Iat n•(Bit struction activities for the Project, nor future maintenance of the •tle ure o ce complete•(will ba p-rmitted during the fourth quarter of each calendar year. EmergnG y work will be_ term' e• only' ton prior notification to BNSF's Network Operations Center (telep o e numbe.: ;Oa 83 45& parties hereto mutually understand and agree that trains cannot be subj.-Me.e• to de . •urine time period. 10. Subject to the restrilgts imposed by Article IV, Section 9 above, the construction of the Project will not commence until Agency gives BNSF's Manager of Public Projects thirty (30) days prior written notice of such e e e•meat. The commencement notice will reference BNSF's file number and D.O.T. Crossing No. and must state the time that construction activities will begin. 11. In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not limited to, the terms and conditions stated in Exhibit F, BNSF and Agency agree to the following terms upon completion of construction of the Project: (a) Agency will own and maintain, at its sole cost and expense, the Structure, the highway approaches, and appurtenances thereto, lighting, drainage and any access roadways to BNSF gates installed pursuant to this Agreement. BNSF may, at its option, perform maintenance on the Structure in order to avoid conflicts with train operations. BNSF will notify Agency prior to performing any such maintenance on the Structure. In the event such maintenance involves emergency repairs, BNSF will notify Agency at its earliest Form 0105 Rev.06/01/05 28