2012/02/01 Council Agenda Packet

2 3. Agency must acquire all rights of way necessary for the construction of the Project. 4. Agency must make any and all arrangements for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project. 5. Agency must construct the Project as shown on the attached Exhibit A and do all work("Agency's Work") provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF hereunder. Agency must furnish all labor, materials, tools and equipment for the performance of Agency's Work. The principal elements of Agency's Work are as follows: • (a) Design and Reconstruction of Pacific Avenue/Eclipse Mill Road; (b) Installation of a pavement marking stop bars in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, "MUTCD"); (c) Installation of advance warning signs in accordance with the MUTCD; (d) Perform all necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF's right-of-way; (e) Provide suitable drainage, both temporary and permanent; (f) Provide all barricades, lights, flagmen or traffic control devices necessary for preventing vehicular traffic from using a portion of the Crossing during the installation of the Crossing Signal Equipment; (g) Construct asphalt/concrete roadway surface on approaches to each track. Roadway surface will match elevation of the Main Track crossing surface and.remain level to a point at least thirty(30) feet from nearest rail. (h) Job site cleanup including removal of all construction materials, concrete debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF; • (i) Provide BNSF in writing with the total time required from start of preempt cycle of highway traffic control signals until arrival of the train at the highway-rail crossing; (i) Connect the highway traffic control signals to the contact terminals in the interface box including all necessary cable and conduit; (k) Install the vehicle detection system; (I) Install the new highway traffic control signals. 6. The Agency will approve the location of the signals and signal bungalow prior to the installation by BNSF. 7. The Agency must have advanced railroad crossing signs and standard pavement markings in place at the crossing shown on Exhibit A (if the same are required by the MUTCD) prior to the acceptance of this Project by the Agency. 8. The Agency must give BNSF's Manager Public Projects written notice to proceed ("Notice to Proceed") with the railroad portion of the work after receipt of necessary funds for the Project. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written notice to proceed is received from Agency. -4- 7