2012/02/01 Council Agenda Packet

2 Dave Davis • City of Everett Public Works 3200 Cedar Street • Everett, WA 98201 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 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 Dave Davis for appropriate corrective action. 6. Pursuant to this section and Article II, Section 6 herein, Agency must, out of funds made available to it for the construction of the Project, reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement. 7. All expenses detailed in statements sent to Agency pursuant to Article II, Section 6 herein will comply with the terms and provisions of the Federal Aid Highway Program Manual, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. The parties mutually agree that BNSF's preliminary engineering, design, and contract preparation costs described in Article II, Section 2 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement. 8. .The construction of the Project will not commence until Agency gives BNSF's Manager Public Projects thirty (30) days prior written notice of such commencement. The commencement notice will. reference D.O.T. Crossing No. 084605T and must state the time that construction activities will begin. 9. In addition to the terms and conditions set forth elsewhere in this Agreement, BNSF and the Agency agree to the following terms upon completion of construction of the Project: (a) Agency will own and be fully responsible for repairs, maintenance, future construction or reconstruction of the Pacific Avenue/Eclipse Mill Road roadway. (b) Agency will maintain the elevation of the Pacific Avenue/Eclipse Mill Road roadway approaches to match the elevation on the railroad track crossing surfaces and to be no more than three (3) inches above or six (6) inches below top-of-rail elevation at a distance measured thirty(30)feet from the nearest rail. (c) Agency will maintain the advanced railroad crossing warning signs and pavement markings and agrees to hold harmless and indemnify BNSF for any claims, damages or losses, in whole or in part, caused by or due to the Agency's failure to maintain the advanced warning signs and markings or other requirements of the MUTCD. (d) Agency will do nothing and permit nothing to be done in the maintenance of the Pacific Avenue/Eclipse Mill Road roadway, which will interfere with or endanger facilities of BNSF. (e) It is expressly understood by Agency and BNSF that any right to install utilities will be governed by a separate permit or license agreement between the parties hereto. (f) BNSF will operate and maintain the Crossing Signal Equipment.and Crossing Signal House in proper condition. Agency must reimburse BNSF for the costs of maintaining the Crossing Signal Equipment in accordance with Article II, Section 7 above. In the event the Agency fails to reimburse BNSF pursuant to this provision, finance charges will be assessed on any unpaid amounts pursuant to Article II, Section 6 above. -9- 12