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

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complete the railroad work in accordance with the construction, schedule shall not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations (BNSF or its related railroads) or to protect persons or property on or near any BNSF owned property. BNSF shall not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation shall not constitute a breach of this Agreement by BNSF. BNSF shall have the right to stop construction work on the Project if any of the following events take place: (i) Agency (or any of its contractors) shall perform the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or any of its contractors) shall, in BNSF's opinion, prosecute the Project work in a manner which is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; or (iii) the insurance described in the attached Exhibit C -1 is canceled during the course of the Project. The work stoppage shall continue until all necessary actions are taken by Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division Engineer or until additional insurance has been delivered to and accepted by BNSF. Any such work stoppage under this provision shall not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: 4. 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 BNSF. 5. 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. 6. The parties mutually agree that BNSF's preliminary engineering, design, and contract preparation costs described in this Agreement are part of the costs of the Project even though such work may have preceded the date of this Agreement. 7. Prior to entering BNSF's right -of -way to perform future maintenance work on the Sunfish Boulevard crossing, Agency must notify and obtain prior authorization from BNSF's Manager of Public Projects. If any maintenance work will be performed by a contractor of Agency, Agency must require its contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C -1 , as the same may be revised from time to time. 8. In the event construction of the Project does not commence within eighteen (18) months of the Effective Date, this Agreement shall become null and void. 9. Neither termination nor expiration of this Agreement shall release either party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. At Grade Crossing Agreement without Signals 7 Form 010 ;Rev. 10/03 —344—