Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows: 1. Agency must furnish to BNSF plans and specifications for the Project. One electronic set of said plans, together with one copy of calculations, and one copy of specifications in English Units, must be submitted to BNSF for acceptance prior to commencement of any construction. BNSF will give Agency final written acceptance of the plans and specifications. Upon BNSF’s final written acceptance of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes. 2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project. 3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project. 4. Agency must acquire all rights of way necessary for the construction of the Project. 5. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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.. 6. 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:
Appears in 2 contracts
Samples: Overpass Agreement, Overpass Agreement
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. One electronic set of said plansProject (reduced size 11” x 17”), together with one copy of calculations, and one copy of specifications in English Units, must be submitted to BNSF for acceptance approval prior to commencement of any construction. BNSF will give Agency final written acceptance approval of the plans and specificationsspecifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF’s final written acceptance approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance approval by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance approval by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes.
2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project.
5. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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..
6. 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) Construction of the Structure;
(b) All necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF’s right-of-way;
(c) Provide suitable drainage, both temporary and permanent;
(d) Installation of a gate in the fence along the boundary of BNSF's right of way in order to provide BNSF with permanent access for maintenance purposes;
(e) Temporary Installation of K-Rail (Jersey) barriers and chain link fencing along Avenue between the tracks and the traveled roadways;
(f) Construction and removal of a temporary pedestrian roadway detour crossing of the tracks, including chain link fence;
(g) Provide appropriate pedestrian control during construction;
(h) Design and construction of a permanent paved roadway across the Structure along the
(i) Installation and maintenance of an 8-ft. high fence and/or concrete combination (throw fence) on the outside barrier of the Structure;
(j) 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;
7. Agency must apply and maintain said D.O.T. Crossing number in a conspicuous location on the Structure.
8. Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
9. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “xxx.XXXXXxxxxxxxxx.xxx”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance.
10. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks.
11. Agency or its contractor(s) must submit four (4) copies of any plans (including two sets of calculations in English Units) for proposed shoring, falsework or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The shoring, falsework or cribbing used by Agency’s contractor shall comply with the BNSF Bridge Requirements set forth on Exhibit F and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. If necessary, Agency must submit for approval two (2) copies of a professionally engineered demolition plan, as set forth in Exhibit G, with applicable calculations to BNSF’s Manager of Public Projects. The existing
12. Agency must include the following provisions in any contract with its provider(s) performing work on said Project:
(a) The Provider 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 these Lines have been included on the plans based on information from the telecommunications companies. The Provider will be responsible for contacting BNSF and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Provider must also xxxx all Lines shown on the plans or marked in the field in order to verify their locations. The Provider 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) The Provider will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Provider must cooperate fully with any telecommunications company(ies) in performing such rearrangements.
(c) Failure to xxxx or identify these Lines will be sufficient cause for BNSF to stop construction at no cost to the Agency or BNSF until these items are completed.
(d) In addition to the liability terms contained elsewhere in this Agreement, the Provider hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney’s fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Provider, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Provider, and/or its subcontractors, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies).
Appears in 1 contract
Samples: Overpass Agreement
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. One electronic digital set of said plansplans (reduced size 11” x 17”), together with one digital copy of calculations, and one digital copy of specifications in English Units, must be submitted to BNSF for acceptance approval prior to commencement of any construction. BNSF will give Agency final written acceptance approval of the plans and specificationsspecifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF’s final written acceptance approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance approval by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance approval by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes.
2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project.
5. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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..
6. 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) Construction of the Structure;
(b) All necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF’s right-of-way;
(c) Provide suitable drainage, both temporary and permanent;
(d) Provide appropriate pedestrian control during construction;
(f) Installation and maintenance of an 8-ft. high fence and/or concrete combination (throw fence) on the outside barrier of the Structure;
(g) 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;
7. Agency must apply and maintain said D.O.T. Crossing number 977699P in a conspicuous location on the Structure.
8. Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
9. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “xxx.XXXXXxxxxxxxxx.xxx”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance.
10. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks.
11. Agency or its contractor(s) must submit four (4) copies of any plans (including two sets of calculations in English Units) for proposed shoring, falsework or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The shoring, falsework or cribbing used by Agency’s contractor shall comply with the BNSF Requirements for construction of Grade Separation Projects set forth on Exhibit F and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. If necessary, Agency must submit for approval two (2) copies of a professionally engineered demolition plan, as set forth in Exhibit G, with applicable calculations to BNSF’s Manager of Public Projects.
12. 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 these Lines have been included on the plans based on information from the telecommunications companies. The Contractor will be responsible for contacting BNSF and 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 xxxx 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) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements.
(c) Failure to xxxx or identify these Lines will be sufficient cause for BNSF to stop construction at no cost to the Agency or BNSF until these items are completed.
(d) In addition to the liability terms contained elsewhere in this Agreement, the Contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney’s fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, and/or
Appears in 1 contract
Samples: Overpass Agreement
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. One electronic set Said plans (reduced size 11” x 17”, or submit electronically), showing the plan and profile of said plansthe roadway work on BNSF right-of-way and marked as Exhibit A, together with one copy of calculations, attached hereto and one copy of specifications in English Unitsmade a part hereof, must be submitted to BNSF for acceptance prior to commencement the development of any construction. BNSF will give Agency final written acceptance of the plans and specifications. Upon BNSF’s final written acceptance of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codesrailroad cost estimates.
2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project.
54. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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...
65. 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 Construction of the Old Xxxxxx Xx. sidewalk;
(b) Installation of a pavement marking stop bar 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 concrete crossing surfaces, and also during the installation of the sidewalk.
(g) Construct asphalt/concrete sidewalk surface on approaches to each track. Sidewalk surface will match elevation of the Main Tracks crossing surface(s) and remain level to a point at least thirty (30) feet from nearest rail. Any concrete headers will be constructed no closer than 5’-6” (preferably 6’-0”) from centerline of each track to provide for a minimum of 11’-0” (preferably 12’-0”) opening for track and railroad crossing surface;
(h) Provide and place six (6) to twelve (12) inch wide section of asphalt between sidewalk concrete headers and the new concrete crossing surface, including that portion of Old Xxxxxx Xx. located between the Main Tracks.
(i) 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;
6. This item left blank
7. The Agency must have advanced railroad crossing signs and standard pavement markings in place at the pedestrian 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.
9. The Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
10. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “xxx.XXXXxxxxxxxxxx.xxx”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance.
11. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks.
12. 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 these Lines have been included on the plans based on information from the telecommunications companies. The contractor will be responsible for contacting BNSF and 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 these Lines will be sufficient cause for BNSF’s engineering representative Xxxxxx Xxxxxxxx to stop construction at no cost to the Agency or BNSF until these items are completed.
(c) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements.
(d) In addition to the liability terms contained elsewhere in this Agreement, the contractor hereby indemnifies, defends and holds harmless BNSF for,
Appears in 1 contract
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. One electronic set Said plans (reduced size 11” x 17”), showing the plan and profile of said plansthe roadway work on BNSF right-of- way and marked as Exhibit A, together with one copy of calculations, attached hereto and one copy of specifications in English Unitsmade a part hereof, must be submitted to BNSF for acceptance prior to commencement the development of any construction. BNSF will give Agency final written acceptance of the plans and specifications. Upon BNSF’s final written acceptance of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codesrailroad cost estimates.
2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project.
54. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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...
65. 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 Construction of the Church St. reconstruction, sidewalk, and utilities;
(b) Installation of pavement markings and signs in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, “MUTCD”);
(c) Perform all necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF’s right-of-way;
(d) Provide suitable drainage, both temporary and permanent;
(e) 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 concrete crossing surfaces, and also during the installation of the Crossing Signal Equipment.
(f) 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;
9. The Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
10. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “xxx.XXXXxxxxxxxxxx.xxx”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance. .
11. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks.
12. 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 these Lines have been included on the plans based on information from the telecommunications companies. The contractor will be responsible for contacting BNSF and 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 these Lines will be sufficient cause for BNSF’s engineering representative Xxxx Xxxxxxxx at 000-000-0000 to stop construction at no cost to the Agency or BNSF until these items are completed.
(c) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements.
(d) In addition to the liability terms contained elsewhere in this Agreement, the contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney’s fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, (2) any injury to or death of any
Appears in 1 contract
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. One electronic digital set of said plansplans (reduced size 11” x 17”), together with one digital copy of calculations, and one digital copy of specifications in English Units, must be submitted to BNSF for acceptance approval prior to commencement of any construction. BNSF will give Agency final written acceptance approval of the plans and specificationsspecifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF’s final written acceptance approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance approval by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance approval by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes.
2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project.
5. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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..
6. 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) Construction of the Structure;
(b) All necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF’s right-of-way;
(c) Provide suitable drainage, both temporary and permanent;
(d) Provide appropriate pedestrian control during construction;
(f) Installation and maintenance of an 8-ft. high fence and/or concrete combination (throw fence) on the outside barrier of the Structure;
(g) 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;
7. Agency must apply and maintain said D.O.T. Crossing number Pending in a conspicuous location on the Structure.
8. Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
9. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “xxx.XXXXXxxxxxxxxx.xxx”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance.
10. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks.
11. Agency or its contractor(s) must submit four (4) copies of any plans (including two sets of calculations in English Units) for proposed shoring, falsework or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The shoring, falsework or cribbing used by Agency’s contractor shall comply with the BNSF Requirements for construction of Grade Separation Projects set forth on Exhibit F and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. If necessary, Agency must submit for approval two (2) copies of a professionally engineered demolition plan, as set forth in Exhibit G, with applicable calculations to BNSF’s Manager of Public Projects.
12. 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 these Lines have been included on the plans based on information from the telecommunications companies. The Contractor will be responsible for contacting BNSF and 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 xxxx 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) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements.
(c) Failure to xxxx or identify these Lines will be sufficient cause for BNSF to stop construction at no cost to the Agency or BNSF until these items are completed.
(d) In addition to the liability terms contained elsewhere in this Agreement, the Contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney’s fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, and/or
Appears in 1 contract
Samples: Overpass Agreement
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. ) Agency must furnish to BNSF plans and specifications for the Project. One electronic set of said plansSaid plans (reduced size 11” x 17”), together with one copy of calculations, showing the plan and one copy of specifications in English Units, must be submitted to BNSF for acceptance prior to commencement of any construction. BNSF will give Agency final written acceptance profile of the plans roadway work on BNSF right-of-way and specifications. Upon BNSF’s final written acceptance of the plans marked as Exhibit A, attached hereto and specifications, said plans and specifications will become made a part of this Agreement and are hereby incorporated herein. Any acceptance of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codeshereof.
2. ) Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. ) Agency must acquire all rights of way necessary for the construction of the Project.
5. 4) Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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...
6. 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 Construction of XX XXXXXXX BOULEVARD;
B. Installation of a pavement marking stop bar 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 concrete crossing surfaces, and also during the installation of the Crossing Signal Equipment;
G. Construct asphalt/concrete roadway surface on approaches to the track. Roadway surface will match elevation of the railroad track crossing surface(s) and remain level to a point at least nine (9) feet from centerline of track;
H. Construct concrete shoulder curbing. Concrete curbing must terminate 10 feet minimum and 12 feet maximum from centerline of the railroad track and provide a 16-foot minimum curb-cut in the northeast corner for the proposed 12-foot wide railroad access driveway to the Railroad Crossing Control Signal House, located 25 feet from nearest rail on track, as shown on Exhibit A;
I. Construct concrete sidewalk surface on approaches to the track. Sidewalk concrete pavement must terminate 6 feet minimum from centerline of the railroad track. An asphalt expansion joint, 1 foot minimum width, must be placed between the end of sidewalk pavement and the edge of railroad concrete crossing panel. Sidewalk surface will match elevation of the railroad track crossing surface(s) and remain level to a point at least 17 (17) from centerline of track. Detectable Warnings must be installed on each sidewalk approach to the crossing, must extend across the full width of the sidewalk, provide a 2’-0” minimum depth, and be located 12’-0” minimum from the outside rail in the track.
J. 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.
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.
9) The Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
10) For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “xxx.XXXXxxxxxxxxxx.xxx”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance.
11) Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty
Appears in 1 contract
Samples: Grade Crossing Construction and Maintenance Agreement
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. ) Agency must furnish to BNSF plans and specifications for the Project. One electronic set Said plans (reduced size 11” x 17”), showing the plan and profile of said plansthe roadway work on BNSF right-of-way and marked as Exhibit A, together with one copy of calculations, attached hereto and one copy of specifications in English Unitsmade a part hereof, must be submitted to BNSF for acceptance prior to commencement the development of any construction. BNSF will give Agency final written acceptance of the plans and specifications. Upon BNSF’s final written acceptance of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codesrailroad cost estimates.
2. ) Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. ) Agency must acquire all rights of way necessary for the construction of the Project.
5. 4) Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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...
6. 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 Olive Ave;
B. Installation of a pavement marking stop bar 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 concrete crossing surfaces, and also 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; and
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.
6) 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.
7) 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.
8) The Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
9) For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “xxx.xxxxxxxxxxxxxxxxxxxxx.xxx”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance.
10) Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty
Appears in 1 contract
Samples: Grade Crossing Construction and Maintenance Agreement
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. One electronic set Said plans (reduced size 11” x 17”), showing the plan and profile of said plansthe roadway work on BNSF right-of-way and marked as Exhibit A, together with one copy of calculations, attached hereto and one copy of specifications in English Unitsmade a part hereof, must be submitted to BNSF for acceptance prior to commencement the development of any construction. BNSF will give Agency final written acceptance of the plans and specifications. Upon BNSF’s final written acceptance of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codesrailroad cost estimates.
2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project.
54. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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...
65. 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 Construction of the 17th St. sidewalks;
(b) Installation of advance warning signs and pavement markings in accordance with the MUTCD;
(c) Perform all necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF’s right-of-way;
(d) Provide suitable drainage, both temporary and permanent;
(e) 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 concrete crossing surfaces, and also during the installation of the Crossing Signal Equipment.
(f) Pedestrian sidewalks will match elevation of the existing crossing surface(s) and remain level to a point at least thirty (30) feet from nearest rail. Any concrete headers will be constructed no closer than 5’-6” (preferably 6’-0”) from centerline of each track to provide for a minimum of 11’-0” (preferably 12’-0”) opening for track and railroad crossing surface;
(g) Provide and place six (6) to twelve (12) inch wide section of asphalt between the sidewalks and the existing concrete crossing surfaces, including that portion of 17th St. located between the existing tracks;
(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;
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
9. The Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
10. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “xxx.XXXXxxxxxxxxxx.xxx”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance.
11. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty
Appears in 1 contract
Samples: Grade Crossing Construction and Maintenance Agreement
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. One electronic set Electronic copies (PDFs) of said plansplans (reduced size 11” x 17”), together with one copy copies of calculations, and one copy of specifications in English Units, must be submitted to BNSF for acceptance approval prior to commencement of any construction. BNSF will give Agency final written acceptance approval of the plans and specificationsspecifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF’s final written acceptance approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance approval by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance approval by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes.
2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project.
5. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf)Manual, 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...
6. 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) Reconstruction of the Structure;
(b) Installation and maintenance of an 8-ft. high fence and/or concrete combination (throw fence) on the outside barrier of the Structure; and
(c) 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.
7. Agency must apply and maintain said D.O.T. Crossing number 085719J in a conspicuous location on the Structure.
8. Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
9. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to execute Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “xxxxxxxxxxxxxxxxxxxxx.xxx”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance.
10. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks.
11. Agency or its contractor(s) must submit four (4) copies of any plans (including two sets of calculations in English Units) for proposed shoring, falsework or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Engineering Representative for approval. The shoring, falsework or cribbing used by Agency’s contractor shall comply with the BNSF Bridge Requirements set forth on Exhibit F and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. Additionally, Agency must submit for approval two (2) copies of a professionally engineered demolition plan with applicable calculations to BNSF’s Engineering Representative.
12. 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 these Lines have been included on the plans based on information from the telecommunications companies. The contractor will be responsible for contacting BNSF’s Engineering Representative (Xxxxx Xxxxx 206-625-6189), BNSF’s Signal Representative (Xxx Xxxxxxx 253-591-2560), and 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) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements.
(c) Failure to mark or identify these Lines will be sufficient cause for BNSF’s engineering representative (Xxxxx Xxxxx) to stop construction at no cost to the Agency or BNSF until these items are completed.
(d) In addition to the liability terms contained elsewhere in this Agreement, the contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney’s fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY CONTRACTOR WILL APPLY ONLY TO THE EXTENT OF THE NEGLIGENCE OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, AND WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Contractor’s employees against BNSF, its agents, servants, employees or otherwise, and Contractor expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees.
13. Agency must require compliance with the obligations set forth in this agreement, including Exhibit C and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Article III; (ii) the provisions set forth in Article IV; and
Appears in 1 contract
Samples: Overpass Agreement
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. One electronic set Four sets of said plansplans (reduced size 11” x 17”), together with one copy two copies of calculations, and one copy two copies of specifications in English Units, must be submitted to BNSF for acceptance approval prior to commencement of any construction. BNSF will give Agency final written acceptance approval of the plans and specificationsspecifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF’s final written acceptance approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance approval by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance approval by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes.
2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project.
5. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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..
6. 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) A Construction of the Structure;
(b) All necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF’s right-of-way;
(c) Provide suitable drainage, both temporary and permanent;
(d) Construction and removal of the Temporary Frontier Parkway roadway crossing of the track, including two 18-inch corrugated metal culvert pipes;
(e) Placement of 8-inch thick grouted stone rip rap at Railroad Bridge 677.90;
Appears in 1 contract
Samples: Overpass Agreement
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. One electronic set of said plansProject (reduced size 11” x 17”), together with one copy copies of calculations, calculations and one copy of specifications in English Units, must be submitted to BNSF for acceptance approval prior to commencement of any construction. BNSF will give Agency final written acceptance approval of the plans and specificationsspecifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF’s final written acceptance approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance approval by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance approval by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes.
2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project.
5. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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..
6. 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) Construction of the Structure;
b) Removal of BNSF maintenance buildings, foundations and concrete aprons;
c) All necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF’s right-of-way;
d) Placement of 12 inches of sub ballast and the initial six inches of crushed rock ballast on all track roadbeds for the shooflys and for the permanent replacement of the main tracks and storage tracks;
e) Placement of a waterproof membrane on the deck of the Structure, and after the placement of such waterproofing membrane, placeement of a layer of crushed rock ballast (not to exceed six (6) inches in thickness) on the deck of the Structure;
f) Provide suitable drainage, both temporary and permanent;
g) Installation of a gate in the fence along the boundary of BNSF's right of way in order to provide BNSF with permanent access for maintenance purposes;
h) Temporary Installation of K-Rail (Jersey) barriers and chain link fencing along Avenue between the tracks and the traveled roadways;
i) Temporary Installation of a chain link fence barrier separating construction of the Structure from the
j) Construction and removal of a temporary pedestrian roadway detour crossing of the tracks, including chain link fence chute;
k) Provide appropriate pedestrian control during construction;
l) Design and construction of a permanent paved roadway across the Structure along the
m) Installation and maintenance of an 8-ft. high fence and/or concrete combination (throw fence) on the outside barrier of the Structure;
n) 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;
7. Agency must apply and maintain said D.O.T. Crossing number in a conspicuous location on the Structure.
8. Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
9. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “xxx.XXXXXxxxxxxxxx.xxx”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance.
10. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks.
11. Agency or its contractor(s) must submit plans (including calculations in English Units) for proposed shoring, falsework or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The shoring, falsework or cribbing used by Agency’s contractor shall comply with the BNSF Bridge Requirements set forth on Exhibit F and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. If necessary, Agency must submit for approval two (2) copies of a professionally engineered demolition plan, as set forth in Exhibit G, with applicable calculations to BNSF’s Manager of Public Projects. The existing Overpass will not be removed until BNSF approves Agency’s demolition plan in writing.
12. Agency must include the following provisions in any contract with its provider(s) performing work on said Project:
(a) The Provider 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 these Lines have been included on the plans based on information from the telecommunications companies. The Provider will be responsible for contacting BNSF and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Provider must also xxxx all Lines shown on the plans or marked in the field in order to verify their locations. The Provider 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) The Provider will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Provider must cooperate fully with any telecommunications company(ies) in performing such rearrangements.
(c) Failure to xxxx or identify these Lines will be sufficient cause for BNSF to stop construction at no cost to the Agency or BNSF until these items are completed.
(d) In addition to the liability terms contained elsewhere in this Agreement, the Provider hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney’s fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Provider, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Provider, and/or its subcontractors, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies).
Appears in 1 contract
Samples: Underpass Agreement
Agency Obligations. In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. One electronic set Said plans (reduced size 11” x 17”), showing the plan and profile of said plansthe roadway work on BNSF right-of-way and marked as Exhibit A, together with one copy of calculations, attached hereto and one copy of specifications in English Unitsmade a part hereof, must be submitted to BNSF for acceptance prior to commencement the development of any construction. BNSF will give Agency final written acceptance of the plans and specifications. Upon BNSF’s final written acceptance of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any acceptance of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any acceptance by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such acceptance by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codesrailroad cost estimates.
2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project.
54. Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (xxxx://xxx.xxxx.xxx/communities/faqs/pdf/utility.pdf), 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...
65. 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/Construction of ;
(b) Installation of a pavement marking stop bar 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 concrete crossing surfaces, and also 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 (and Siding) Track crossing surface(s) and remain level to a point at least thirty (30) feet from nearest rail. Any concrete headers will be constructed no closer than 5’-6” (preferably 6’-0”) from centerline of each track to provide for a minimum of 11’-0” (preferably 12’-0”) opening for track and railroad crossing surface;
(h) Provide and place six (6) to twelve (12) inch wide section of asphalt between roadway concrete headers (and sidewalks) and the new concrete crossing surfaces, including that portion of located between the Main Track and Siding Track.
(i) 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;
(j) 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.
(k) Connect the highway traffic control signals to the contact terminals in the interface box including all necessary cable and conduit.
(l) 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.
9. The Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
10. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “xxx.XXXXXxxxxxxxxx.xxx”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance.
11. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks.
12. 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 these Lines have been included on the plans based on information from the telecommunications companies. The contractor will be responsible for contacting BNSF and 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 xxxx 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 xxxx or identify these Lines will be sufficient cause for BNSF’s engineering representative at ( ) to stop construction at no cost to the Agency or BNSF until these items are completed.
(c) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements.
(d) In addition to the liability terms contained elsewhere in this Agreement, the contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney’s fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies).
Appears in 1 contract
Samples: Grade Crossing Construction and Maintenance Agreement
