2015/05/06 Council Agenda Packet

1 opportunity. Agency must fully reimburse BNSF for the costs of maintenance performed by BNSF pursuant to this subsection (b). (b) Agency must, at Agency's sole cost and expense, keep the Structure painted and free from graffiti. (c) Agency must apply and maintain vertical clearance signs which consistently and accurately describe the minimum actual vertical clearance from the bottom of the Structure to the top of any pavement. (d) Agency must provide BNSF with any and all necessary permits and maintain roadway traffic controls, at no cost to BNSF, whenever requested by BNSF to allow BNSF to inspect the Structure or to make emergency repairs thereto. (e) It is expressly understood by Agency and BNSF that any rib i1 b in •111;tilities will be - governed by a separate permit or license agree - t betwee AI- parf1ii ere o. '�- / (f) Agency must keep the Structure and surroundiri• -as c;e ri ..nd free rn birds, pigeons, scavengers,vermin,creatures and other animals. �. (g) If Agency (including its contractors and agens= fg;NSF, 6 Ise alf o. 'gency, performs (i) alterations or modifications to the Struct l or ii- t,ma elance or other work on the Structure with heavy tools, equi•I iif or mac i fiery a • ound surface level horizontally within 25'-0"of the centerline o Ha- nearest tr-e , or(iii) any maintenance or other work outside the limits of the •eck o'WStructure t iQ ically above the top of the rail,then Agency or its contractor? 1 •.agen �Ui st pr•erf a and maintain the following insurance coverage: r'r r altz Railroad Protective 4:41 lr insurance$ ''•g on - le Railroad as the Insured with -- - coverage of at -•kii ',5,00-t iii p. •er occ err- and '.•0400,000 in the aggregate. The policy Must b a1'h ird on a st.,• _• ISO form CG 00 35 10 93 and include the following: ' ♦ Endorsed to`r t Ill'e the Pol "(tot, Amendment(ISO form CG 28 31 10 93) + E do {to inc Iiiik,,$e Limite•¶eepage and Pollution Endorsement. - o air•••s 1_ •remo, d•, exclusionforpunitivedamages. o .fi'o othe Gi•i emeni •'cting coverage maybe added. o 1111 e o.: i al •• ' mus be provided to the Railroad prior to performing any work la-sevis esun•I'r>ii Agreement ( I , . : —.Asuse. ii thi •yaragraph, "Railroad" means "Burlington Northern Santa Fe oratio• SF RAILWAY COMPANY"and the subsidiaries,successors, assigns ,' ,r, and iates of each. In F f providing a Railroad Protective Liability Policy, Agency may participate in ., e yis Blanket Railroad Protective Liability Insurance Policy if available to Agency or .0? rtil. ontractors. The limits of coverage are the same as above. 12. Agency hereby grants to BNSF,at no cost or expense to BNSF, a permanent right of access from Agency property to BNSF tracks for maintenance purposes. 13. Agency must provide one set of as built plans (prepared in English Units) to BNSF, as well as one set of computer diskettes containing as built CAD drawings of the Structure and identifying the software used for the CAD drawings. The"as built plans" must comply with the Bridge Requirements set forth on Exhibit F and depict all information in BNSF engineering stationing and mile post pluses. The"as built plans must also include plan and profile, structural bridge drawings and specifications, and drainage plans. All improvements and facilities must be shown. Form 0105 Rev.06/01/05