2003/11/12 Council Agenda Packet

2 (d) It is expressly understood by Agency and BNSF that any right to install utilities shall be governed by a separate permit or license agreement between the parties hereto. (e) Agency shall keep the Structure and surrounding areas clean and free from birds, pigeons, scavengers, vermin, creatures and other animals. (f) Agency shall procure and maintain the following insurance during the performance of any maintenance work (by Agency, including its contractors or agents, or BNSF) on the Structure and/or surrounding areas: Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least$5,000,000 per occurrence and$10,000,000 in the aggregate. The policy Shall be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment(ISO form CG 28 31 10 93) • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to remove any exclusion for punitive damages. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railroad prior to performing any work or services under this Agreement As used in this paragraph,"Railroad"shall mean "Burlington Northern Santa Fe Corporation", "The Burlington Northern and Santa Fe Railway Company"and the subsidiaries, successors, assigns and affiliates of each. 13. 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. 14. Agency shall 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" shall depict all information in BNSF engineering stationing and mile post pluses. The "as built plans" shall also include plan and profile, structural bridge drawings and specifications, and drainage plans. All improvements and facilities shall be shown. 15. Subject to the restrictions imposed by Article IV, Section 9 above, Agency shall notify and obtain prior authorization from BNSF's Assistant Director of Public Projects before entering BNSF's right-of-way for maintenance purposes. If the construction work hereunder is contracted, Agency shall require its prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as the same may be revised from time to time. Agency shall be responsible for its contractor(s) compliance with such obligations. 16. BNSF shall, at its expense, have full right to make future changes or additions to the railroad components of the Structure if necessary or desirable, in BNSF's sole discretion, including, without limitation the following: (i) the right to raise or lower the grade or change the alignment of its tracks, (ii)the right to lay additional track or tracks, or (iii)the right to build other facilities in connection with the operation of its railroad. Such changes or additions shall not change or alter the highway components of the Structure. If it becomes necessary or desirable in the future to change, alter, widen or reconstruct the highway components of the Structure to accommodate railroad projects, the cost of such work, including any cost incidental to alteration of railroad or highway facilities made necessary by any such changes to the Structure, shall be divided between BNSF and Agency in such shares as may be mutually agreed to by the parties hereto. 17. Agency shall, at Agency's sole expense, have full right to alter or reconstruct the highway components of the Structure if necessary or desirable, due to traffic conditions, provided, however, that any such alteration or reconstruction shall not encroach further upon or occupy the surface of BNSF's right-of-way to a greater extent than is contemplated by the plans and specifications to be approved by 12 Form 01 05 Rev. 1/30/03 8