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%1 BURUNGTON NORTHERN RAILROAD NETWORK SUPPORT PERMITS SERVICES Dean C. W eyen, P. E. CITY OF MOSCOW P. 0. Box 9203 Moscow ID 83843 Dear Mr. Weyen: 2000 First Interstate Center 999 Third Avenue Seattle, Washington 98104-1105 Telephone: 1-[PHONE REDACTED] Fax No.: (206) 467-3315 June 14, 1994 Subject: Permit Number PX94-20505 for Underground Traffic Signal Wire Line Crossing at MOSCOW ID Attached is copy of completed agreement for your file. This will acknowledge receipt of your check No. 015168 dated June 9, 1994, in the amount of $450.00, to cover the permit fee for the ENTIRE TIME. Additionally, Check No. 20035, dated May 24, 1994, in the amount of $263.00, to cover BNRR's Railroad Protective Insurance package. Before beginning any work on our right-of-way, 48 hours' advance notice must be given to two people. One is Roadmaster Randy Perdue so that he may make any arrangements deemed necessary. His telephone number in Spokane, Washington is [PHONE REDACTED]. You must also contact I. J. Lecroy, Signal Supervisor, to identify any crossing or train signal wiring. His telephone number in Bonners Ferry, Idaho is [PHONE REDACTED]. Also, upon completion of your work on BN property, advise the Roadmaster, allowing final inspection of the site. Before you dig, call1-[PHONE REDACTED] for fiber optic locations. Should you have a NAME OR ADDRESS CHANGE in the future, other than that shown in this agreement, kindly notify us at the above address making reference to this Permit Agreement number. Also notify us of any change of property ownership served by this facility as outlined in this Agreement, with reference to transfer and/or assignment. Sincerely, P Marilyn J. Burke Permit Coordinator Attachments cc: Mr. J. A. Gunter, Operations Accounting, St. Paul, MN Mr. Randy Perdue, Road master, Spokane W A Mr. I. J. Lecroy, Signal Supervisor, Bonners Ferry I{1f{ Mr. B. R. Kinney, Telecommunications Supervisor, W A Ms. Judy Harris, Risk Management Analyst, Ft. Worth TX 94-39 ---PAGE BREAK--- BURUNGTON NORTHERN RAILROAD PERMIT SERVICES 19 9'y Dear Permittee: 2000 First Interstate Center 999 Third Avenue Seattle, WA 98104-1105 1-[PHONE REDACTED] Because of the Burlington Northern's Insurance requirements, we would appreciate this form being completed when the Xing has been installed and returned to the above name and address. PERMIT: It 9i 4 os-00-- STATION: 1lJo Sr!tH.v :T.D Completion Date: 19 Today's Date 19 THANK YOU! Marilyn J. Burke Permit Coordinator (206) 467-3235 IMPORTANT ---PAGE BREAK--- 4 i BURLINGTON t • NORTHERN RAILROAD UNDERGROUND WIRE LINE CROSSING PERMIT NO. PX94-20505 Project no. 102-04 1 BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called "Burlington," whose address is 999 Third Avenue, 2000 First Interstate Center, Seattle, Washington 98104-1105, in consideration of the rets to be paid and the covenants to be kept and performed by CITY OF MOSCOW hereinafter called "Permittee," whose address is P. 0. Box 9203 Moscow ID 83843 hereby grants Permittee the right to construct, operate, maintain, inspect, use, and remove a wire line facility, including all necessary poles, wires, cables, and conduits together with necessary appurtenances thereto, hereinafter called "Wire Line," along or upon and across the railroad tracks, and the communication or signal wires, and right-of way of Burlington, below the surface thereof, for the purpose of transmitting electric current for power or for communication, as hereinafter described: UNDERGROUND WIRING FOR TRAFFIC SIGNAL THROUGH A 2.875-INCH THREADED GALVANIZED CASING PIPE BURIED AT A MINIMUM DEPTH OF 3 1/2-FEET FROM THE T/TIE TO T/CASING, CROSSING THE TRACKS AT AN ANGLE OF 90-DEGREES, INSTALLATION BY JACK AND BORE, WITH FACE OF JACKING/RECEIVING PITS A MINIMUM OF 25-FEET FROM CENTERLINE OF NEAREST TRACK, at or near Moscow, Latah County, Idaho, to be located at LS: 384 Mile Post: 86.91 NOTE: ENGINEER SPEC REQUIRE 25-FEET SET BACK FROM CENTER LINE OF TRACK TO JACKING/BORING PIT. This permission is given upon the following terms and conditions: 1. Permittee will pay in advance to Burlington for this permit the sum of Four Hundred Fifty Dollars ($450) for the entire period that this permit remains in effect, and Permittee will also pay all taxes and assessments that may be levied or assessed against the Wire Line. Burlington may assign any receivable due them under this Agreement , provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this Agreement. This provision shall in no way affect Burlington's right to terminate this permit pursuant to Paragraph 15 hereof. 2. Said Wire line shall be used for the sole purpose of conducting electric currents at a potential not to exceed minimum volts. 3. Said Wire Line shall be constructed and maintained in accordance with Burlington's requirements, the National Electric Safety Code, and any statute, order, rule, or regulation of any public authority having jurisdiction. Application and plans shall be submitted by Permittee to Burlington and must be approved by Burlington prior to construction or any reconstruction of said Wire Line. Form 16011-E ---PAGE BREAK--- 2 4. All cost of construction and maintenance of said Wire Line shall be paid by Permittee. If it is necessary, as determined by Burlington's Superintendent Maintenance & Engineering, for Burlington to perform any portion of the work of construction, maintenance, or removal of said Wire Line, same shall be done at the expense of Permittee. Burlington will determine the costs of any such work and submit bill for same to Permittee and Permittee shall pay such billed amount within 30 days after bill is rendered therefor. 5. If in the judgment of Burlington's Superintendent Maintenance & Engineering, the construction, maintenance, or continued existence of Wire Line herein contemplated necessitates any change or alteration in the location or arrangement of any wires, structures, or other facilities of Burlington or of third persons, the cost of such change or alteration will be paid by Permittee. 6. Burlington shall have the right, for reasons of safety, to require that repairs be made to said Wire Line, and upon request from Burlington, Permittee shall immediately make such repairs at Permittee's expense. If at any time it becomes necessary in the judgment of Burlington for reasons of safety or otherwise, to require change in the location, elevation, or method of construction of said Wire Line, such changes will be made by Permittee at Permittee's expense within thirty (30) days after being requested to do so. If Permittee fails to so do, Burlington may make such changes and the cost thereof will be paid by Permittee. 7. If Wire Line is to be placed below the surface, Permittee, at Permittee's sole cost and expense, shall excavate for, construct, maintain, and repair said Wire Line, placing the same at least Three and one half feet ( 3- 1/2 ) below the bottom of the rails of Burlington's railroad. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC, COMMUNICATIONS, CONTROL SYSTEMS, AND OTHER TYPES OF CABLES MAY BE BURIED ON BURLINGTON's PROPERTY. Before beginning work, Permittee shall telephone Burlington's Communications Network Control Center at 1-[PHONE REDACTED] (a 24-hour number) to determine if cable systems are buried on Burlington's property to be used by Permittee. The Communications Network Control Center will contact the appropriate personnel to have cables located and make arrangements with Permittee as to the protective measures that must be adhered to prior to the commencement of any work on Burlington's property. In addition to the liability terms elsewhere in this Agreement, · Permittee shall indemnify and hold Burlington harmless against and from 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 Permittee, its contractor, agents and/or employees, that cause or in any way or degree contribute to any damage to or destruction of any telecommunications system by Permittee, and/or its contractor, agents and/or employees, on Burlington's property, 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 Burlington's property, and/or 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). 8. After the completion of any Wire Line construction, repair, or removal, Permittee shall remove from the premises of Burlington, to the satisfaction of Burlington's Superintendent Maintenance & Engineering, all falsework and equipment used in such construction, repair, or removal work. 9. Permittee shall, upon the giving of 48 hours advance notice to Burlington's Superintendent Maintenance & Engineering, have the right to enter the premises of Burlington for the purpose of maintaining, repairing, or removing said Wire Line, and, in the exercise of this right, Permittee shall not unduly interfere with the rights of Burlington or others on or about the premises. In the case of bona fide emergency, the 48 hours notice may be waived; however, if emergency work is necessary, Permittee shall make every effort to notify Burlington that such work is to be done. Permittee shall, at its own expense, restore any facilities on said premises which are in any manner disturbed by such maintenance, repairs, or removal. 10. This permission is granted subject to permits, leases, and licenses, if any, heretofore granted by Burlington affecting the premises upon which said Wire Line is located. 11. If the operation or maintenance of said Wire Line shall at any time cause interference, including but not limited to physical interference, from electromagnetic induction, electrostatic induction, or from stray or other currents, with the facilities of Burlington or of any lessee or licensee of Burlington, or in any manner interfere with operation, mai nten a nee or use by Burlington of its right-ot-way, tracks, structures, pole signa I and Form 160 11-E ---PAGE BREAK--- 3 communication lines, radio or other equipment, devices, or other property or appurtenances thereto, Permittee agrees immediately to make such changes in said Wire Line and furnish such protective devices to Burlington and its lessees or licensees as shall be necessary in the judgment of Burlington's representatives to eliminate such interference. The cost of such protective devices and their installation shall be borne solely by the Permittee. If any of the interference covered by this paragraph shall be, in the judgment of Burlington, of such importance to the safety of Burlington's operations as to require immediate corrective action, Permittee, upon notice from Burlington, shall either, at Burlington's election, cease using said Wire Line for any purpose whatsoever and remove the same, or reduce the voltage or load on said Wire Line, or take such other interim protective measures as Burlington may deem advisable until the protective devices required by this paragraph have been installed, put in operation, tested, and found to be satisfactory to correct the interference. · 12. Permittee agrees that said Wire Line and the use of same for conducting electric current shall not damage the railroad or structures of Burlington, or the property of any other tenant of Burlington, or any other property upon the premises of Burlington, or be a menace to the safety of Burlington's operations or any other operations conducted on said premises. Permittee does hereby release, indemnify, and save harmless Burlington and Burlington's other tenants, their successors and assigns, from and against all loss, damages, claims, demands, actions, causes of action, costs, and expenses of every character which may result from any injury to or death of any person whomsoever, including but not limited to, employees and agents of the parties hereto, and from loss of or damage to property of any kind or nature to whomsoever belonging, including but not limited to, property owned by, leased to, or in the care, custody, and control of the parties hereto and other tenants of Burlington, when such injury, death, loss, or damage is caused or contributed to by, or arises from, the construction, installation, maintenance, condition, use, operation, removal, or existence of said Wire Line upon Burlington premises. THE LIABILITY ASSUMED BY PERMIITEE SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE LOSS, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BURLINGTON, ITS AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE. 13. It is understood by the parties that said Wire Line will be in danger of damage or destruction by fire or other causes incident to the operation, maintenance, or improvement of Burlington's property, and Permittee accepts this permit subject to such dangers. It is therefore agreed, as one of the material considerations of this permit, without which the same would.n"Ot be granted, that Permittee hereby assumes all risk of loss, damage, or destruction to said Wire Line without reg.ard to whether such loss be occasioned by fire or sparks from locomotives or other causes incident to or arising from the movement of locomotives, trains, or cars of any kind, misaligned switches, or in any respect from the operation, maintenance, or improvement of Burlington's property, OR TO WHETHER SUCH LOSS OR DAMAGE BE THE RESULT OF NEGLIGENCE OR MISCONDUCT OF BURLINGTON OR ANY PERSON IN THE EMPLOY OR SERVICE OF BURLINGTON, or of defective appliances, engines, or machinery, and Permittee does hereby save and hold harmless Burlington from all such damage, claims, and losses. 14. It is agreed that the provisions of this permit are for the equal protection of any other railroad company or companies including Nahonal Railroad Passenger Corporation (AMTRAK) heretofore or hereafter granted the joint use of Burlington's propãrty upon which the above described Wire Line is located. 15. Either party hereto shall have the right to terminate this permit, and the same shall terminate, at the expiration of ninety (90) days after the giving of written notice by one party to the other of intention to terminate same. Any such notice shall be good if properly deposited with the United States Postal Service addressed to the party being notified at such party's post office address above stated. Upon termination Permittee shall remove the Wire Line from Burlington's premises and if Permittee shall fail to remove same or any other material or property owned by it within the time prescribed in a notice of termination, Burlington may appropriate such property to its own use without compensation, or may remove the same at the expense of Permittee. 16. This permit shall be binding upon, and inure to the benefit of the parties, their successors and assigns; provided, however, that Permittee shall not assign this permit or any interest therein without Burlington's written consent. 17. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet e·r;j7,y'ment. Form 16011·E ---PAGE BREAK--- 4 18. In the event of Permittee's removal of the Wire Line from Burlington's premises, Permittee agrees to notify Burlington's Superintendent Maintenance & Engineering in writing of Permittee's removal of such Wire Line and terminate this Agreement effective with the date of removal of said Wire Line from Burlington's premises. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate this 21st day of January, 1994. . 9T f2v;; AVP Network Services CITY OF MOSCOW (Permitteel By Title /22 ?kcJ-t2! Form 16011-E ---PAGE BREAK--- 4 • BURLINGTON t • NORTHERN RAILROAD ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. PX 94-20505 DATED January 2 1 , 1994 The Permittee and contractors must at their own expense obtain and maintain in force during construction the following insurance: · 1 . Commercial General Liability Insurance, including contractual liability and products completed/operations, against claims arising out of bodily injury, illness and death and from damage to or destruction of property of others, including loss or use thereof, and including liability of Burlington Northern Railroad Company, with minimum limits for bodily injury and property dama¼e of $1 ,000,000 for each occurrence, with an aggregate of $2,000,000. This policy shall contain a 'Waiver of Transfer Rights" endorsement to waive any right of recovery that the insurance company may have against Burlington Northern Railroad Company because of payments made for bodily injuries and property damage. 2. Business Automobile Policy Insurance, including owned, non-owned, and hired vehicles with minimum limits for bodily inju7 and property damage of $1,000,000 per occurrence, on all vehicles that the Permittee or any o its agents or employees may use at any time in connection with the performance of this Agreement. 3. Worker's Compensation Insurance or coverage as required under the Worker's Compensation Act of the applicable state. The policy should include occupational disease to required statutory limits, employer's liability of $1,000,000 to include FELA, if appropriate, and an "all states" endorsement. Evidence of the above insurance (certificate of insurance) must be provided prior to commencement of work and BN shall not be named insured under the above policies. 4. A Railroad Protective Liability Insurance policy issued in the name of Burlington Northern Railroad Company with limits of $2,000,000 for bodily injury and property damage per occurrence, with an aggregate of $6,000,000 must be provided when construction work will be within 50 (Fifty) feet of our tracks. The policy will remain in force during the construction phase of this project and must be provided prior to BN signing the permit or contract. OPTION Instead of No. 4 above, participation in Burlington Northern Railroad Company's BLANKET RAILROAD PROTECTIVE LIABILITY INSURANCE POLICY is available to Permittees and contractors. The limits of coverage are the same as above and are in force during the construction phase of the Permit. The amount is $263.00.00 referencing Permit No. PX94-20505 for this insurance package. CONTRACTOR: rho reo 1 Inc. coeur d • Alene, r aha City, State P rJet n g¥r, · eebpffieme 83816-2167 Zip SUBCONTRACTOR: Address City, State Zip Project Engineer's Name ---PAGE BREAK--- .2 If more than one Subcontractor is involved, attach additional information to this Addendum, together with Insurance required. NEITHER PERMITIEE, CONTRACTOR, OR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON BURLINGTON'S PROPERTY AND/OR RIGHT-OF-WAY UNTIL ALL NECESSARY EVIDENCE OF INSURANCE HAS BEEN FURNISHED AND APPROVED BY BURLINGTON NORTHERN, AND THE ROADMASTER NOTIFIED 48 HOURS IN ADVANCE. Questions or clarifications of insurance requirements may be directed to: Ms. Judith Harris Risk Management Analyst BURLINGTON NORTHERN RAILROAD COMPANY 777 Main Street Fort Worth, TX 76102 Phone: [PHONE REDACTED] FAX: [PHONE REDACTED] ---PAGE BREAK--- REQUIREMENTS FOR CONTRACTORS & SUBCONTRACTOR WORKING ON BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY In order to protect BN's investment in its right-of-way and for the safety of persons coming onto BN property, BN has established certain requirements. The following constitute minimum requirements for all persons coming on or near BN right-of way. Contractors are encouraged to develop their own safety rules that meet or exceed the following requirements. Contractors will not be allowed to occupy or work on Burlington Northern RR right-of-way prior to signing and dating this document and returning it to the Burlington Northern contact person shown on page 2. · 1. All permits and agreements must be in effect, required payments made, and insurance certificates received and approved prior to Contractor entering Railroad right-of-way. Insurance must remain in effect during the entire project. 2. Any dewatering utilizing drains or ditches on BN property must be approved by a BN Engineer or Road master. 3. Contractor must have BN approved "Construction Plans" prior to commencing work on a project. No change will be made to "Construction Plans" without approval by all parties involved. Approved revised plan will be furnished to all parties prior to implementation of changes. 4. Road Authority or Contractor will incur all costs for track work, including flagging, etc., made necessary due to their construction operation. 5. Pursuant to Federal Regulation, flagging protection is always required when equipment crosses or is working within 25 feet of center of any live track. When deemed necessary by local BN officers, a flagman may be required at all times while working on BN right-of-way in high density rail traffic areas. 6. Crossing of any Railroad tracks must be done at approved locations and must be over full depth timbers, rubber, etc. Any equipment with steel wheels, lugs, or tracks must not cross steel rails without aid of rubber tires or other approved protection. 7. All temporary construction crossings must be covered by a Private Roadway & Crossing Agreement, and must be barricaded when not in use. 8. Contractor must furnish details on how he will perform work that may affect existing drainage and/or possible fouling of track ballast as well as removal of overhead bridges/structures. (Structures and bridge spans over tracks must be removed intact.) 9. Absolutely no piling of construction materials or any other material, including dirt, sand, etc., within 15 feet of center of any secondary track (25 feet of Main Line and siding tracks) or on property of the Railroad not covered by Construction Easement, permit, lease or agreement. A 1 0' clear area on both sides of a main track must remain unobstructed at all times to allow for stopped train inspection. 10. No construction will be allowed within 15 feet of center of any track unless authorized by Burlington Northern Railroad General Roadmaster and as shown on Plan approved by the Railroad. This includes any excavation, slope encroachment and driving of sheet piles. C\11 3 , 'tl- ' ---PAGE BREAK--- i I i 11 . 12. 13. 14. No vehicles or machines shall remain unattended within 15 feet of a secondary track or within 25 fet of a Main Line track. · IMPORTANT: Disregard of any of these items will result in Contractor being shut down for a minimum of 48 hours on Burlington Northern Railroad right-of-way while infraction is investigated. Based on findings of the investigation, it will be determined if the Contractor will be allowed to work on B N RR right-of-way in the future. Contractor safety rules, including rules regarding Personal Safety Equipment, must not conflict with BN safety policies or rules. Articles included in Agreement should complement this document or exceed its contents. CONTRACTOR'S ACKNOWLEDGMENT: TITLE President DATE June 7, 1994 SUBCONTRACTOR'S ACKNOWLEDGMENT: COMPANY By: TITLE DATE AD DRESS: 8 urling ton Northern RR Co. 2000 First Interstate Center 999 Third Avenue Seattle WA 98104-1105 (Form 4.'29:'93) ) WORK SITE LOCATION: Town: CITY OF MOSCOW State: ID Project: 102-94 Date: JANUARY 21, 1994 Permit No: PX94-20505 -