2003/11/12 Council Agenda Packet

2 (f) Construct security fencing between track and the work site if approved by the Railway. This fence may be installed to prevent project personnel or equipment from entering within a safe distance of the Railway's tracks. (g) Perform all other work not specifically mentioned as work to be performed by the Railway necessary to complete the project in accordance with the plans and specifications. 7. Agency shall apply and maintain said D.O.T. Crossing number in a conspicuous location on the Structure. 8. Agency's Work shall be performed by Agency or Agency's contractor in a manner that shall not endanger or interfere with the safe and timely operations of BNSF and its facilities. 9. In order to prevent damage to BNSF trains and property, Agency shall require its contractor(s)to notify BNSF's Roadmaster at least thirty (30) calendar days prior to (i)commencing work on BNSF property or near BNSF's tracks; or(ii) requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. 10. Agency or its contractor(s) shall submit four (4) copies of any plans (including two sets of calculations in English Units) for proposed shoring or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The use of such shoring or cribbing shall conform to applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. 11. Agency shall include the following provisions in any contract with its contractor(s) performing work on said Project: (a) The Contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the"Lines") owned by various telecommunications companies may be buried on BNSF's property or right-of-way. The locations of these Lines have been included on the plans based on information from the telecommunications companies. The contractor shall be responsible for contacting BNSF and/or the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The contractor shall also mark all Lines shown on the plans or marked in the field in order to verify their locations. The contractor shall also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) Failure to mark or identify these Lines shall be sufficient cause for BNSF's engineering representative (Jeff Strop, Roadmaster)to stop construction at no cost to the Agency or BNSF until these items are completed. (c) In addition to the liability terms contained elsewhere in this Agreement, the contractor shall indemnify and hold BNSF harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSFs right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies).THE LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT,THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF Form 0105 Rev. 1/30/03 4