Agenda - Council - 06/26/2007 - Laserfiche WebLink

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(a) All necessary grading and paving for the construction of the public road; (b) Construction of suitable drainage facilities, both temporary and permanent, such as catch basins, culverts, culvert extensions, etc; (c) Installation of pavement marking stop bars in accordance with the MUTCD; (d) Installation of advance warning signs in accordance with the MUTCD ;. and (e) [Note to drafter: Insert additional items to describe Agency's work] 5. Agency must, at Agency's sole expense, and subject to the prior written approval of BNSF's Engineering Department, locate, construct and maintain the public road in such a manner and of such material that it will not at any time be a source of undue danger to or interference with the present or future tracks, roadbed and property of BNSF, or the safe operation of its railroad. Additionally, Agency must construct and maintain the public roadway approaches so that the elevation o the roadway at a distance of 35 feet from the track is within or is no lower than 6 inches from the top of rail. 6. In the event of a breach (hereinafter called the "Agency Breach ") of Agency's covenants under this Article III, BNSF will send Agency written notice (hereinafter called the "Notice ") of the Agency Breach. Agency must cure the Agency Breach within thirty (30) days of the date of the Notice. If Agency fails to cure the Agency Breach within the thirty -day time period, BNSF may cure the Agency Breach, or cause a contractor to cure the Agency Breach, at Agency's sole cost and expense. Agency must promptly reimburse BNSF for the actual costs of curing the Agency Breach. 7. After completion of the Project, Agency must maintain pavement markings, advance warning signs, and other traffic control signs in accordance with applicable portions of the MUTCD. Additionally, Agency must provide appropriate traffic control during construction or maintenance operations to accommodate work by BNSF or Agency. Agency hereby indemnifies and holds harmless BNSF for, from and against any and all claims, damages, losses, suits, judgements or other expenses, including attorneys' fees and court costs, caused by, in whole or in part, or resulting from Agency's failure to maintain the advanced warning signs, pavement markings or other traffic control signs or Agency's failure to comply with the MUTCD. 8. Agency is solely responsible for the cost of constructing and maintaining the public road upon the Easement Area except for the portion of the road maintained by BNSF within the limits of the ties, as expressly specified in Article I hereunder. 9. Agency must 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 the Lines have been included on the plans based on information from the telecommunications companies. The contractor will 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 must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The contractor must 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 the Lines will be sufficient cause for BNSF's engineering representative to stop construction at no cost to 'the Agency or BNSF until these items are completed. At Grade Crossing Agreement without Signals 4 Form 010 ;Rev. 10/03 -341-