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BURLINGTON NORTHERN RAILROAD 2000 Frm lnt!:'rstate 999 T hrrd Avt>nCo;e PACIFIC DIVISION Permrt C. Oavrd George Date: Dear Permittee: 19 !J3 Seattle, 9!l104l-1105 Phone 206·467·3329 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: ex 93- 1 blc2 1 STATION: fl}flSOOaJ,. Ib. Completion Date: ' 19 Today•s Date: , T 9 THANK O! - Georg Permit Specialist 9'3-3! c7& 3 ---PAGE BREAK--- BURLINGTON NORTHERN RAILROAD PERMITS SERVICES Mr. Dean C. Weyen, P. E. City of Moscow 122 E. 4th St. 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 July 22, 1993 File: Moscow 8802 Subject: Permit Number PX93-16121 for Underground Sanitary Sewer System at MOSCOW, ID. Attached is copy of completed agreement for your file. This will acknowledge receipt of your check No. 011836 dated July 13, 1993, in the amount of $450.00, to cover the permit fee for the ENTIRE TIME. Additionally, Check No. 13340 dated July 6, 1993 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 Cruz Nicacio so that he may make any arrangements deemed necessary. His telephone number in Spokane, Washington is (509) 536-2306. You must also contact John Lecroy, Signal Supervisor to identify any crossing or train signal wiring. His telephone number in Bonner's Ferry, Idaho is (208} 536-2376. Also before you dig, cal11-[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. 11t{ Permit Coordinator (206} 467-3241 Attachments cc: Mr. J. A. Gunter, Attn: Marge Kemp, Operations Accounting, St. Paul, MN Mr. Cruz Nicacio, Roadmaster Spokane, WA Mr. John Lecroy, Signal Supvr. Bonner's Ferry, ID Ms. Judy Harris, Risk Management Analyst, Ft. Worth, TX ---PAGE BREAK--- 4 i BURLINGTON t • NORTHERN RAILROAD PIPELINE PERMIT N0.-16121 1 AGREEMENT made this 29th day of June, 1993, between BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called "Burlington," and CITY OF MOSCOW , hereinafter called 'Permittee," whose address is: 122 East 4th Street Moscow, ID 83843 WITNESSETH: Burlington, for and in consideration of the fee herein provided to be paid by Permittee to Burlington, and of the covenants and promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license and permission to excavate for, construct, maintain, and operate an underground sanitary sewer system entering the property at SS 4526 + 08 and 109 feet left as a 15 inch PVC pipe flowing into a manhole at SS 4525 + 97 and 88 feet right and continuing as two 12 inch PVC pipes to a manhole at 55 4525 + 48 and 25 feet right and continuing off railroad right-of-way at SS 4525+ 37 and 22 feet right where it dumps into a new manhole In Sixth Street. NOTE: WHEN MANHOLE IS PLACED IN 6TH STREET, PROPER SHORING TO CARRY A E-80 LOADING WILL BE REQUIRED & FLAGGING PROTECTION PROVIDED. hereinafter referred to as 'Facility' upon, along or across the right-of-way of Burlington, underneath the surface therof, and under the tracks of Burlington, as the case may be, at or near MOSCOW Station, in the County of LATAH , State of IDAHO to be located as follows, to wit: Line Segment: 0384 Survey Station: 4525 + 37 to 4526 + 08 Mile Post: 85.71 to MP 85.72 Permittee in consideration of such license and permission hereby covenants and promises as follows: 1. For this Permit, Permittee will pay Burlington, in advance, the sum of Four Hundred Fifty Dollars ($450) for the entire trme this Permit remains in effect and Permittee will also pay or reimburse Burlington for all taxes and assessments that may be levied or assessed against said Facility. Burlington reserves the right to change the fee on future at any trme without notice. This provision shall in no way affect Burlington's right to terminate said Permit pursuant to Paragraph 10 hereof. Either party hereto may assign any receivables due them under this Agreement, provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this Agreement. 2. Permittee, at Permittee's sole cost and expense, shall exsavate for, construct, reconstruct, maintain and repair said Facility placing same in accordance with the specifications provided in application dated 4/2/93 heretofore approved by Burlington. Permittee shall fill in the excavation and restore the surface of the ground upon ---PAGE BREAK--- 2 which the Facility is located to its previous condition subject to the General Manager's approval. Said General Manager shall have the right at any time when in his/her judgment it becomes necessary or advisable to require any material used in the work to be replaced with like material or with material of a more permanent character, also to require additional work or change of location of said Facility as a matter of safety and/or appearance, or on account of additional tracks being laid, change of grade thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of Burlington's railroad, all of which shall be done at the expense of Permittee in the manner herein provided. 3. Permittee shall give to the General Manager at least two days advance notice of any work to be done by Permittee in the excavation for, construction, reconstruction, maintenance, repair, change of location, or removal of said Facility, and shall conduct said work in such a manner as not to interfere with the maintenance and operation of Burlington's railroad. 4. In the event that Burlington performs any work, furnishes any material or flagging service, or incurs any expense whatsoever on account of the excavation for, construction, reconstruction, maintenance, repair, change of location, removal of the Facility, or otherwise, Permittee shall reimburse Burlington for the cost thereof within twenty (20) days after bills are rendered therefor. If the excavation for, construction, reconstruction, maintenance, repair, change of location, or removal of the Facility, requires any or all of the following work: removal and replacement of track, bridging, protection of track, or other railroad facilities by work or flagging, engineering, and/or supervision, such work is to be performed by Burlington employees and the cost borne by Permittee. 5. PERMITIEE 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 Perm1ttee, its contractor, agents and/or empioyees, 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). 6. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the Facility which, in the opinion of Burlington, interferes with train signals in any way, telephone or telegraph lines, or other facilities of Burlington, Permittee, upon being informed by Burlington of such interference, shail forthwith discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee further agrees to indemnify and save harmless Burlington from and against any damages, claims, losses, suits, or expenses in any manner.arising from or growing out of interference with the signals, telephone, or telegraph lines of Burlington by the operation, use, or existence of any such grounding system. 7. Permittee shall and hereby releases and discharges Burlington of and from any and all liability for damage to or destruction of said Facility, and any other property of Permittee located on or near Burlington's premises, and shall and hereby assumes any and all liability for injuryto or death of any and all persons whomsoever, Z . . . ---PAGE BREAK--- 3 including officers, employees, and agents of the parties hereto, and loss of or damage to property to whomsoever belonging, including property owned by, leased to, or in the care, custody, and control of the parties hereto, in any manner arising from or during the excavation for, construction, reconstruction, use, maintenance, repair, or removal of said Facility, however such injury, death, loss, damage, or destruction aforesaid may occur or be caused, and shall and hereby does indemnify and save harmless Burlington of and from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs, or expenses arising or growing out of or in connection with any such injury, death, loss, damage, or destruction aforesaid. Permittee further agrees to appear and defend in the name of Burlington any suits or actions at law brought against Burlington on account of any such personal injury or death, and loss and damage to or destruction of property, and to pay and satisfy any final judgment that may be rendered against Burlington in any such suit or action. THE LIABILITY ASSUM.ED BY PERMITTEE 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. 8. Permittee shalt not transfer or assign this Agreement without the written consent of Burlington. 9. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet enjoyment. 10. It is expressly understood and agreed that Burlington may at any time cancel and terminate this license and permission by giving to Permittee thirty (30) days written notice of its intention to cancel the same and at the expiration of such notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof, Permittee, under the supervision and direction of Burlington's Superintendent Maintenance & Engineering, or his authorized representative, shall remove said Facility from the right-of-way of Burlington and restore the right-of-way and premises of Burlington in a manner and to such condition as shall be satisfactory to said Superintendent Maintenance & Engineering. If Permittee fails to remove the Facility and restore said right-of-way to such condition within said thirty (30) day period, Burlington at its option may remove same and restore said right-of way to its previous condition, and Permittee shall pay to Burlington the cost and expense thereof. 1 1. Upon any failure of Permittee to punctually and strictly observe and perform the covenants and promises made herein by Permittee to be kept and performed, Burlington may terminate this Agreement on ten ( 10) days notice to Permittee, remove said Facility, and restore said right-of-way to its previous condition at the cost and expense of Permittee. 12. Any notices given under the provisions of this Agreement shall be good if properly deposited with the United States Postal Service addressed to Permittee at Permittee's poĄt office address above stated. 13. The license and permission herein granted is subject to permits, leases, and licenses, if any, heretofore granted by Burlington affecting the premises upon which said Facility is located. Subject to the foregoing provisions, this Agreement and all ohhe covenants and promises thereof, shall inure to the benefit of and be binding upon the parties hereto, their respective executors, administrators, successors, and assigns. ---PAGE BREAK--- 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate as of the day and year first hereinabove written. BURLINGTON NORTHERN RAILROAD COMPANY For:Cfi= Title: Assistant Vice President Network Services CITY OF MOSCOW By Title L2J.4: ---PAGE BREAK--- G BURLINGTON t t NOR}"HERN RAILROAD _ _o:9·H . :,or 678 · / \ Y ' , l ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. PX 93-16121 DATED JUNE 29,1993 1 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 damaije 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 insu ranee (certificate of i nsu ranee) 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 LJABILITY INSURANCE POLJCY 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 referencing Permit No. PX93-16121 for this insurance package. City, State JCJ!+N } YL&.S Project Engineer1s Name 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 PERMITTEE, CONTRACTOR, OR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON BURLINGTON1S 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 761 02 Phone: [PHONE REDACTED] FAX: [PHONE REDACTED] ---PAGE BREAK--- REQUIREMENTS FOR CONTRACTORS & SUBCONTRACTOR WORKING ON BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY In order to protect B N'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. 1 ---PAGE BREAK--- . "11. ·No vehicles or machines shall remain unattended within 15 feet of a secondary track or within 25 feet of a Main Line track. 12. 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 BN RR right-of-way in the future. 13. Contractor safety rules, including rules regarding Personal Safety Equipment, must not conflict with BN safety policies or rules. 14. Articles included in Agreement should complement this document or exceed its contents. CONTRACTOR'S ACKNOWLEDGMENT: WORK SITE LOCATION: Town: Mo.Scqw TITLE Pres; cl.e_af DATE 7/Le /CJ3 I I Project: _ SUBCONTRACTOR'S ACKNOWLEDGMENT: COMPANY By: _ TITLE DATE BURLINGTON NORTHERN RAILROAD COMPANY CONTACT PERSON: NAME; BARB SYLVESTER, Permit Coordinator PHONE: [PHONE REDACTED] (1-[PHONE REDACTED]) ADDRESS: Burlington Northern RR Co. 2000 First Interstate Center 999 Third Avenue Seattle WA 98104-11 OS (Form 4129/93) 2 Permit Number: PX93-16121 Date: JUNE 29, 1993