2012/02/01 Council Agenda Packet

2 GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT Pacific Avenue/Eclipse Mill Road Crossing U.S. D.O.T. No. 084605T Railroad Line Segment 407 Railroad Milepost 0.65 This Agreement ("Agreement"), is executed to be effective as of this day of 20__ ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"), and the CITY OF EVERETT, a political subdivision of the State of Washington ("Agency"). RECITALS: WHEREAS, BNSF owns and operates a line of railroad in and through the City of Everett, State of Washington; WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is undertaking a project to improve the existing Pacific Avenue/Eclipse Mill Road at-grade crossing, located at BNSF Line Segment 407 and Milepost 0.65., and designated by D.O.T. No. 084605T, by reconstructing and realigning the roadway and installing railroad crossing signals and activation equipment within the existing roadway easement across the BNSF right-of-way as indicated on the Exhibit A, attached hereto and incorporated herein; WHEREAS, the Agency desires to preempt the new highway traffic control signals with the grade crossing warning devices shown on Exhibit A; WHEREAS, BNSF agrees to allow the Agency to preempt the highway traffic control signals with the grade crossing warning devices indicated on Exhibit A; WHEREAS, the parties agree that BNSF will receive no ascertainable benefit from the installation of advance warning signs, pavement marking stop bars or crossing signal equipment (hereinafter collectively called, "Crossing Signal Equipment"); WHEREAS, the Agency is paying for the acquisition and installation of Crossing Signal Equipment at Pacific Avenue/Eclipse Mill Road; and WHEREAS, BNSF agrees to purchase and install, at Agency's sole expense, the Crossing Signal Equipment described in the scope of work herein, and upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I—SCOPE OF WORK 1. ' The term "Project" as used herein includes any and all work related to the reconstruction of Pacific Avenue/Eclipse Mill Road by Agency and installation of Crossing Signal Equipment at U.S. D.O.T No. 084605T, (hereinafter referred to as the "Crossing") by BNSF, more particularly described on the Exhibit A, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation. • Form 0118 Rev.09/21/06 4.