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HomeMy WebLinkAboutContract CAG-14-025 AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC This Agreement is made as of the last day of execution of this contract by the Parties below, between the City of Renton, a Washington municipal corporation (hereinafter "Renton"), and Hotel at Southport LLC, a Washington limited liability company, (hereinafter "Developer") and Southport, LLC, a Washington limited liability company (hereinafter "Southport"). Renton, Developer and Southport (hereinafter "the Parties") set forth the following: I. RECITALS 1.1 Renton is a municipal corporation of the State of Washington, organized under the Optional Municipal Code,Title 35A RCW, located in King County, Washington. 1.2 Developer is the developer of real property commonly referred to as Southport, which is a mixed-use development on property now owned by Southport and located in the City of Renton, King County,State of Washington, on or near the shoreline of Lake Washington. 1.3 Developer desires to make improvements to City streets leading to its property that will improve its access, increase its value, and provide for further development. 1.4 This Agreement is made pursuant to Chapter 35.72 RCW. 1.5 The roadway and other improvements contemplated by this Agreement are to be paid for solely with private funds. 1.6 Renton has entered into two agreements with Burlington Northern and Santa Fe Railway Company (hereinafter "BNSF") that are attached hereto as Exhibit A (Agreement CAG- 02-135), Exhibit B (Agreement CAG-02-136) and that are incorporated by reference into this Agreement, relating to certain roadway and other improvements to be performed by "Agency" (Renton) and other improvements to be performed by BNSF upon its own facilities. 1.7 The roadway and other improvements contemplated by this Agreement are those improvements to be performed by Renton as set forth in said Exhibits A and B attached hereto and incorporated herein by reference. Said roadway and other improvements are to be built by Developer and Southport as set forth in the plans prepared by Developer and Southport as approved by Renton; said plans are attached hereto as Exhibit C and are incorporated by reference into this Agreement. 1.8 This Agreement is made upon the basis of the foregoing provisions, and in consideration of the mutual promises and covenants herein and the mutual benefits to be derived by the parties therefrom. AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-1 II. AGREEMENT 2.1 Recitals. The recitals set forth above are hereby incorporated by reference into and made part of this Agreement. 2.2 Required Improvements. The roadway and other improvements required by this Agreement shall be constructed by Developer and Southport in accordance with the plans approved by Renton and that are attached hereto as Exhibit C. Said roadway and other improvements shall be paid for in accordance with an agreement between Renton and Developer and Southport. 2.3 Easements. Developer and Southport shall pay Renton the sum of$75,850.00 as and for the reimbursement of the costs to Renton for obtaining an easement from BNSF for the roadway and other improvements contemplated in Exhibit C attached hereto. Developer and Southport shall convey, at no cost to Renton, all required easements shown on Exhibit C for public street, traffic control, and utility purposes. Developer and Southport shall obtain, at no cost to Renton, an easement from Puget Western in favor of Renton, as shown on the approved plans attached hereto and incorporated herein by reference as Exhibit C, for public street, traffic control and utility purposes. 2.4 Renton Inspections. The parties agree that all work performed by Developer and Southport in connection with the approved plans, attached hereto as Exhibit C, shall be subject to inspection and approval by Renton. Should any work performed by Developer and Southport fail inspection or should Developer and Southport fail to perform any work required by the approved plans in Exhibit C, Developer and Southport shall immediately correct or take remedial actions so that such work shall pass inspection or be completed as required by the approved plans in Exhibit C attached hereto. 2.5 BNSF Agreements, Exhibit A (CAG-020135) and Exhibit B (CAG-020136). Developer and Southport shall perform all the requirements, comply with all the conditions, and pay for all the costs contained in or associated with the BNSF Agreements, attached hereto and incorporated herein by reference as Exhibit A and Exhibit B, required of the "Agency" (Renton)through completion of construction. 2.6 Right of Entry. The parties agree that Developer and Southport shall enter any easements for public street purposes, conveyed to Renton from BNSF, as a public right. Developer's and Southport's contractor(s) shall obtain a right(s) of entry from BNSF prior to any construction or pre-construction activity, and in accordance with the provisions set forth in Exhibits A and B, or as otherwise required by BNSF. 2.7 Insurance. Developer and Southport and/or their contractor or subcontractors shall maintain in full force and effect during the time of this Agreement the following insurance: a. Insurance. Developer and Southport and/or their contractor shall secure and maintain the following insurance policies, and shall not cancel or suspend the AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-2 insurance policies identified below, except after twenty (20) calendar days' prior written notice by certified-mail to the City of Renton: i. Commercial General Liability Insurance: Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate throughout the duration of this Agreement. ii. Renton as an Additional-Insured: Primary insurance with coverage for the City of Renton. It is agreed that on Developer's and Southport's and/or their contractor's commercial general liability policy, the City of Renton will be named as an Additional-Insured on a non-contributory primary basis. iii. Verification of Coverage: Subject to Renton's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. b. Renton's Insurance. The City of Renton's insurance, self-insurance, or insurance pool coverage shall only cover the City of Renton and not contribute to the Developer's and Southport's and/or their contractor's coverage. c. Review of Policy. Upon request, the Developer and Southport and/or their contractor shall give Renton a full copy of the insurance policy for its records and for the Renton City Attorney's or Risk Manager's review. The policy may be reviewed and the value reassessed annually. d. Termination. Notwithstanding any other provision of this Agreement, the failure of the Developer and Southport and/or their contractor to comply with the above provisions of this section shall subject this Agreement to immediate termination without notice to any person in order to protect the public interest. e. Other Insurance. In addition, Developer and Southport and/or their contractor or subcontractors agree to maintain any and all insurance coverages that may be required by BNSF during construction of the roadway and other improvements upon BNSF's property, and to name BNSF and/or its employees or agents as additional insureds, if so required by BNSF. 2.8 Indemnification. Except as otherwise provided in this Agreement, Developer and Southport agree to defend, indemnify, and hold harmless Renton and all of its elected and appointed officials and employees and agents from all claims, liability and costs, including without limitation attorneys' and expert witness fees, arising in connection with the construction of the required improvements set forth in the approved plans in Exhibit C attached AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-3 I hereto, as a result of negligence or intentional acts by Developer and/or Southport, their agents, employees, contractors-and subcontractors, except as may be due to the negligence of Renton or its officials, employees, agents or contractors. 2.9 Acceptance. Following its determination that all the improvements set forth in this Agreement have been completed in accordance with the plans and the specifications, standards, and standard plans, Renton shall formally approve the improvements. 2.10 Costs Incurred by Renton. Developer and Southport shall pay to Renton all costs incurred by Renton prior to conveyance that are associated with the required improvements set forth in the approved plans in Exhibit C attached hereto, including checking and inspection fees, and other engineering, legal, and administrative costs, or as may be provided by a separate, written Memorandum of Understanding. 2.11 Conveyance. Following inspection and approval of the improvements and payment of all costs set forth above, Developer and Southport shall convey the improvements to Renton by Bill of Sale on a form approved by Renton, and Renton will accept such conveyance. 2.12 Notices. All notices pursuant to this Agreement shall be sent to the following addresses: City of Renton: Public Works Administrator City of Renton 1055 S. Grady Way Renton, WA 98057 Hotel at Southport LLC and Southport, LLC: c/o SECO Development, Inc. 1083 Lake Washington Blvd. N., Suite 50 Renton, WA 98056 Attn: Michael P. Christ 2.13 Dispute Resolution. In the event that any dispute arises between the Parties as to the interpretation or application of any term of this Agreement, or as to the validity of any claim made by either party against the other arising under this Agreement, and the Parties are unable to resolve the dispute through negotiations, the Parties agree to participate in a nonbinding, evaluation and mediation of their dispute at a mutually agreeable location prior to commencing legal action to enforce this Agreement. Either party may request that any dispute be submitted to evaluation and mediation at any time upon the giving of written notice to the other party. 2.13.1 Selection of Mediator. Upon the giving of notice by either party as provided above, the Parties shall attempt to select a neutral person to mediate AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-4 the dispute. If, after thirty (30) days, the Parties cannot agree on any of the persons named, or if acceptable persons are unable to serve, or if for any reason the appointment of a mediator cannot be made, either party may request that a judge of the King County Superior Court, King County, Washington, appoint a mediator to assist in the dispute resolution process or the parties may, by agreement, seek other means of alternative dispute resolution by arbitration. 2.13.2 Conflicts of Interest. Each party to this Agreement shall promptly disclose to the other any circumstances known by it that would cause justifiable doubt as to the independence or impartiality of any individual under consideration or appointed as a mediator. Any such individual shall promptly disclose such circumstances to the Parties. If any such circumstances are disclosed, the individual shall not serve as mediator unless both Parties agree in writing. 2.13.3 Compensation of Mediator. The mediator's charges shall be established at the time of appointment. Unless the Parties otherwise agree, the fees and expenses of the mediator shall be split equally and each party shall bear its own attorney's fees, costs and expenses. 2.13.4 Mediation Session. The mediation session is intended to provide each party with an opportunity to present its best case and position to the other party and the mediator and for the Parties to receive opinions and recommendations from the mediator. The mediator shall facilitate communications between the Parties, identify issues, and generate options for settlement or resolution of the dispute. The mediator shall also discuss with each party separately the mediator's opinion and evaluation of the strengths and weaknesses of that party's position. The terms of any settlement made by the Parties as the result of the mediation shall be set out in a written addendum to this Agreement. 2.13.5 Confidentiality. The dispute resolution process identified in this paragraph is a compromise negotiation. The Parties agree to maintain in confidence all offers, promises, conduct, and statements, oral or written, made in the course of the mediation by either of the Parties, their agents, employees, experts, representatives or attorneys, or by the mediator and agree that the same shall be deemed negotiations in pursuit of settlement and compromise and not admissible or discoverable in subsequent legal proceedings pursuant to Washington Evidence Rule (ER) 408. The mediator shall be disqualified as a trial or deposition witness, consultant, or expert of either party. This paragraph, however, shall be subject to the Public Records Act, Chapter RCW 42.56. 2.13.6 Reservation of Rights. In the event that the Parties are unable to resolve the dispute through the dispute resolution process established in this paragraph, the parties reserve any and all other rights and remedies available to AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-5 each of them regarding such dispute, including binding arbitration with a single arbitrator, to be selected as in the same manner as a mediator set forth above. Binding arbitration must be by mutual agreement of the Parties. In the absence of mutual agreement, any party reserves and retains its right to have the dispute adjudicated in court. 2.14 Governing Law. This Agreement is entered into under the laws of the State of Washington, and the parties intend that Washington law shall apply to the interpretation hereof. 2.15 Enforcement. Venue and jurisdiction to enforce all obligations under this Agreement shall lie in the King County Superior Court. The obligations of the parties hereunder may not have an adequate remedy by way of an action for damages and may be enforced by an action for specific performance. 2.16 Severability. In the event a court of competent jurisdiction declares any material provision of this Agreement invalid, unconstitutional, or otherwise unenforceable, any party may elect to terminate the remainder of this Agreement. In the event a non-material provision of this Agreement is declared invalid, unconstitutional, or otherwise unenforceable, such provisions hereof as are not affected by such declaration shall remain in full force and effect. 2.17 Amendment. This Agreement may be modified only by written instrument duly executed by all parties after approval of the Renton City Council. 2.18 Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the parties and their respective successors and assigns. 2.19 Attorney's Fees. Except as set forth in Section 2.13 above, if a legal proceeding is commenced to enforce rights or obligations or to obtain a declaration of rights hereunder, the prevailing party or parties in such proceeding shall be entitled to recover from the non- prevailing party or parties its/their reasonable attorney's fees and costs incurred in the proceeding. AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-6 HOTEL AT SOUTHPORT LLC, a Washington limited liability company By: SECO Development, Inc., a Washington corporation, its Manager By: f 1 c ae I P, Its: (9(0‹,t dL L Dated: -.12`c.:j7-o `rt SOUTHPORT, LLC, a Washington limited liability company By: SECO Development, Inc., a Washington corporation, its Manager By: 1l1/\ Gkct e ( Pt ati a.-t `z Its: Dated: --el .� /�/y AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-7 , THE CITY OF RENTON, a Washington municipal corporation Denis Law, Mayo Dated: ��f ATTEST: ,d. £()a Bonnie I. Walton, City Clerk APPROVED AS TO LEGAL FORM: OfIRA4P#414„.4.4e714,6-4-yuf.‘,.... Lawrence J. Warren, City Attorney ,,,,,,l,,,,, „ 'pF•RF,• ',,, :,` * EAL, Z= n* w .� AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-8 LLC/CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON)SS COUNTY OF KING ) �, On this c2/ day of rei�/Yti(a ti , 20 / , before me personally appeared: „,, Ih Michael P. Christ to me known to be the President of SECO WAG( p n Manager liability e Hotel at LLC, a � �A'tiGL Washington company, and acknow ledged the said t>ft° instrument to be the free and voluntary act and deed of said i • " ay - limited liability company,for the uses and purposes therein * &:n" p mentioned, and each on oath stated that he was authorized to 23-:A 42 execute said instrument and that the seal affixed, if any, is the 44. yy o t, $N`��."", corporate se if said corporation. Notary Pali in and for the State of Washington Notary (Print) ,JDa a1 14cli bk(Ar My appointment expires: /D• 17 Dated: 2/2 I//4L LLC/CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON)SS COUNTY OF KING On this a/ day of fekt'keti , 20 , before me personally appeared: 11111 Michael P. Christ to me known to be the President of SECO .21.4• o: G(/ // Development, Inc., Manager of Southport, LLC, a Washington ov kiris; limited liability company, and acknowledged the said instrument to • _ be the free and voluntary act and deed of said limited liability s� 40.04 • ! company,for the uses and purposes therein mentioned, and each 4 'A 404,u-23-I „Vie= on oath stated that he was authorized to execute said instrument ��''' ad4. and that the seal affixed, if any, is the corporate seal of said -hp ;WA-�;�.$'' corporation. Notar lic hi/and for the State of Washington Notary (Print) ,Jat t. FiYiR j My appointment expires: 10-2.3--1 7 Dated: ,)/a///t� AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-9 ■ LLC/CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON)SS COUNTY OF KIIM On this(9-� day of 20 1LI , before me personally appeared Denis Law to m known to be the Mayor of . J „ the City of Renton, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, ..or the uses and purposes therein mentioned, and each on oath tated that he was authorized to execute said instrument and that pY e�, ■te the seal affixed, if any, is the corporate seal of said municipal ' O10 co p ration. Notary PubYic in .n for the State e ' ngton Notary(Print) My appointor nt ex ires: eI r3 s Dated: fd}II1 t AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-10 EXHIBIT A AGREEMENT BETWEEN CITY OF RENTON AND BNSF CAG-02-135 EXHIBIT A CON,R.E RUCTION AND MAINTENANCE A,..REEMENCAG- T 02-135 WIDEN AND IMPROVE SOUTHPORT BOULELVARW(RR STA. 1061+64.5) RENTON,WASHINGTON RAILWAY Contract NO. Flo No AGREEMENT,made this _ .day of `1 . ,2002,between THE BURLINGTON AND SANTA FE RAILWAY COMPANY, a Delawa , NORTHERN, RENTON,WASHINGTON,a municipal corporation,hereinafter referred to err�n y'. as the Rahway". and RECITALS: WHEREAS: the Woodinville SubdtWslon Is currently owned and operated by the Railway;and WHEREAS:The Southport Boulevard crossing was earlier identified as the Park Road Crossing by the Washington UtNties and Transportation Commission and the Federal Highway Administration. WHEREAS: In the Ittertast of eking motor vehicle traffic the Agency Is proposing to widen and improve Seuttmort Boulevard at grade crossing,hereinafter refemQd to as the Project. WHEREAS: the centerline of the Gene Coulon Park at grade crossing crosses over the Railways right-of-way and mainline at railroad survey station 1001+84.5,near railroad MP 4.00 on the Woodinville Subdivision,and, WHEREAS;the Project is located in tot 1 Section 8,T 23 N, R 5 E,WM.as shown on the plans marked Exhibit"A' attached hereto and made a part hereof,and WHEREAS: the Railway will be required to perform oertain worst on its facilities,and WHEREAS: the parties hereto desire that the work to be performed by the Agency M connection with said constriction be performed in accordance with plans and spec Ifioetlons to be prepared by the Agency,and WHEREAS: the Agency is waling to undertake the construction of said project with Agency funds,state funds and such federal funds as may be available,and WHEREAS; the Railway is willing to consent to the execution of the said project upon the terms and conditions herein stated and not otherwise,and WHEREAS: the parties hereto desire to contract for work to be performed by each of then in connection with this project and the payment of costs and expenses therein involved,and Aff AG_REEMENT: C1.E1 ,Now THEREFORE. in consideration of the covenants of the Agency hereinafter contained, and faithful performanoe thereof,Railway agrees: 1. The Railway shall grant to the Agency by separate Instrument AW 1 a) At no expense to the Agency an additional easement of�0__'_�square feet more or less,for roadway purposes across the Railways right-of-way(outlined in bold)as identified on Exhibit"A`attached, 2. To furnish all labor, materials, toots,and equipment, and do"Railroad Work"required due to the construction 1 of the Project,such railroad work and the estimated cost thereof being as shown M Exhibit"B"attached hereto and made a part hereof. In the event that construction of the Project has not commenced within six(6)months from the effective date of this Agreement, Railway may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit "B". In such case, Railway shall provide to the Agency its revised cost estimates highlighting all changes that are made. Any item of work Incidental to those Items listed in Exhibit "B',but not spec ificapy mentioned therein,may be included as part of this agreement as an item of work upon written approval of Agency,if practicable. The Railway may submit progress bills to the Agency during the progress of the work for the actual cost of services and expenses. The Agency will then pay progress bills within 30 days after receipt of a properly submitted bill. If the billing is disputed for any reason,the Agency will promptly notify the Railway and will pay any undisputed amount The Railway and the Agency shall maintain records regarding the work performed and the costs and expenses incurred by the parties for the project in accordance with generally accepted accounting principles and practices. Said records shall be made available to the other party, or for Agency, or federal audit, upon request during normal business hours,for a period of three years after the final payment Construction of the Project shail.indude the following work by Railway: (a) Preliminary engineering,design,and contract preparation; (b) Remove the existing crossing surface, Place a 64'concrete crossing,complete with new ties, ballast and engineering fabric. (c) Installation of automatic flashing light traffic control devices,shoulder and cantilever type, with gates and train activation devices, hereinafter known as "Signals' and to provide an inter-tie from the railroad controller to the Agency's controller at the atfacent intersection of Southport Boulevard and Lake Washington Boulevard. (d) Furnishing of such watchmen and flagmen as may be necessary for the safety of its property and the operation of its trains during construction of said Project;and (e) Furnishing of engineering and inspection as required for construction of said Project a To do all work provided in Article I, Section 1 above with its own employees working under Railroad Labor Agreements or by contractor(s),if necessary,and on an actual cost basis. 4. Agency agrees to reimburse Railway for work of an emergency nature caused by Agency or Agency's contractor, in connection with the Project which Railway deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or Railway property. Such work may be performed by Railway without prior approval of Agency and Agency agrees to reimburse Railway for all such emergency work 5. To submit to Agency for payment upon completion of the Project,a detailed statement covering the cost of the work performed by Railway,segregated as to labor and materials, and in accordance with and subject to the terms and provisions of Federal Highway Administration's FHPM 143, as amended. All applicable portions of the Federal Highway Administration's FHPM 662.1 as amended and FHPM 143 as amended are by reference incorporated herein and made a part hereof. ARTICLE iI IN CONSIDERATION of the covenants of Railway herein set forth and the faithful performance thereof, Agency agrees as follows: 1. To furnish to Railway plans and specifications for the Project. Four sets of said plans,together with two copies of specifications,shall be submitted to Railway for approval prior to commencement of construction. After having been approved by both parties hereto, said plans and specifications are hereby adopted and incorporated into this agreement by reference. 2. To acquire, at no cost to Railway, all rights of way necessary for the construction of the Project. 2 3. To make any and all arrangements to secure the location 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 found necessary to locate or relocate in any manner whatsoever due to the construction of the project. 4. To construct the Project as shown on Exhibit'A"and do all work provided for in the plans and specifications for the Project, eracept such work that Railway herein agrees to do. Principal elements of work to be performed by Agency in the construction of the Project are as follows: (a) Necessary Grating and Paving of the roadway approaches to the crossing and furnish and place asphalt concrete paving up to the crossing. (b) Furnish and place advance warning signs and standard pavement marldngs for the railroad at grade crossing. (c) Furnish the railroad with the inter-tie connection from the Agency's controller to the railroad's Signal controller. (d) Perform all other work not specifically mentioned as work to be performed by the Railway necessary to complete,the project in accordance with the plans and specifications. 5. To furnish all labor,materials,tools,and equtoment in performing the work it agrees to perform herein. All work of construction with respect to said Project shall be undertaken by Agency,or Agency's contractor and shall be performed at such times as shM not endanger or interfere with the safe and timely operations of Railway's track and other facilities. 6. To requke its contractor(s)to notify Railway's Roadmaster at least SO calendar days in advance of commencing work on Railway property or near Railways tracks, when requesting a Railway flagman in accordance with the requirements of'The Right of Entry Agreement"attached hereto, In order to protect Railway from damage to its trains and property. 7. To require its contractor(s)to furnish Railway's Manager of Public Projects,for approval,four copies d plans and two sets of calculations d any shoring or cribbing proposed to be used over, under, or adjacent to Railway's tracks. 8. The Agency agrees to include the following provisions in its contract with a contractor performing work on said Project (a) Fiber optic cable systems owned by various telecommunication companies may cross or run parallel in Railways rail corridor. The Contractor shall be responsible to contact Railway and/or the telecommunications companies to determine whether there are any fiber optic cable systems located within the Project boundaries that could be damaged or their service disrupted due to the construction d the Project. The contractor shall also pothole all lines either shown on the plans or marked in the field in order to verify their locations. The contractor shall also use all reasonable methods when working in the Railway rail corridor to determine of any other fiber optic lines may erdst. (b) The telecommunication companies shall be responsible for the rearrangement of any facilities determined to interfere with the construction. The contractor shall cooperate fully with any company performing these rearrangements. 9. To also incorporate in each contract for construction of the Project, or the specifications therefor, the provisions set forth in Article iI, Sections 6,7, 8, 9, 10,(a)and 11 (b),and in Article ill, Sections 3,4, 10, and 11, and the provisions set forth In the"Right-d-Entry Agreement"attached hereto and by reference made a part hereof. 10. That, except as hereinafter otherwise provided, all work to be performed hereunder by Agency in the construction of the Project will be performed pursuant to a contract or contracts to be let by Agency, and all such contracts shall provide. (a) That all work performed thereunder,within the limits of Railway's right of way shall be performed in a good and workmanlike manner, and in accordance with plans and specifications approved by Railway. Those 3 `4. changes or modifications during construction that affect safety or Railway's operations shall also be subject to Railway's approval; (b) That no work shall be commenced within Railway's right of way until each of the contractors employed in connection with said work shall have (I) executed and delivered to Railway an Agreement in the form of 'The Right-of-Entry Agreement"delivered to and secured Railway's approval of the insurance required by said"Right-of-Entry Agreement". 11. (a) Railway shag have the right to request that any Agency employee, any Agency contractor,or any employee of a Agency contractor who performs any work within Railways right of way and which affects Railways operations or facilities, be removed from the Project for incompetence, neglect of duty, unsafe conduct or misconduct In the event Agency or its contractor elects not to honor such request, Railway may stop work within its right of way until the matter has been fully resolved to Railway's satisfaction. The party whose employee has been asked to leave the Project will indemnify the requesting party against any claims arising from such removal. (b) Agency's employees, agents, contractors, representatives and invitees shall wear the current BNSF Personnel Protective Equipment PPE when on the Railway's rail corridor. Railway PPE shat meet applicable OSHA and ANSI specifications. Existing Railway PPE requirements are: (I) safety glasses; permanently affixed side shields; no yeilow.lenses; (II)hard hats with high visibility orange cover; (ill)safety shoes with hardened toe,above the snide lace up and a defined heel;and(iv)high visibility reflective orange vests. Hearing protection, fall protection and respirators will be worn as required by state and federal regulations. 12. To advise Rai way's Manager Public Projects,in writing, of the completion date of the Project within thirty(30) days after such completion and to notify Railway's Manager Public Projects, in writing, of the date on which Agency and/or is Contractor will meet with Railway for the purpose of maldng final inspection of the Project ARTICLE IN IN CONSIDERATION of the premises,it is mutually agreed as follows: 1. That all work contemplated in this agreement shall be performed in a good and workmanlike manner, in accordance with plans and specifications approved by BNSF, and each portion shall be promptly commenced by the parties hereto obligated to do the same and thereafter diligently prosecuted to conclusion in is logical order and sequence. Furthermore, any changes or modifications during construction that affect Railway shall be subject to approval by Railway prior to commencement of such changes or modifications. 2. That such work shall be done in accordance with detailed plans and specifications approved by both parties. 3. Agency and Railway shall to the extent reasonably practicable adhere to the construction schedule for all Project work. The parties agree that Railway's failure to complete Railroad work In accordance with the construction schedule by reason of inclement weather, unforeseen railroad emergencies, or other conditions beyond its reasonable control,will not constitute a breach of this Agreement by Railway nor subject Railway to any liability or responsibility for added expense to the Agency. 4. in the event of an unforeseen railroad emergency and regardless of the requirements of the construction schedule, Railway reserves the right to reallocate all or a portion of its labor forces assigned to perform the Railroad Work when Railway believes such reallocation is necessary to provide for the immediate restoration of railroad operations of Railway or its affiliates or to protect persons or property on or near any Railway owned property or any related railroad. Railway will reassign such labor forces to again perform the Railroad Work when, in is sole but good faith opinion,such emergency condition no longer exists. Railway will not be liable for any additional costs or expenses of the Project resulting from any such reallocation of Its labor forces. The parties further agree that such reallocation of labor forces by Railway and any direct or indirect results of such reallocation will not constitute a breach of this Agreement by Railway. S. That if any Agency Contractor shall prosecute the Project work contrary to the Plans and Specifications or if any Agency Contractor shall prosecute the Projeci work in a manner Railway deems to be hazardous to its property, facilities or the safe and expeditious movement of its traffic, or the insurance described in "The Right-of-Entry 4 Agreement" hereof shall be canceled during the course of the Project,the Railway shall have the right to stop the work until the acts or omissions of such Agency Contractor have been fully rectified to the satisfaction of Railway's Division Engineer,or additional insurance has been delivered to and accepted by Railway. Such work stoppage shall not give rise to or impose upon Railway any liability to Agency,or to any Agency Contractor. The right of Railway to stop the work is in addition to any other rights Railway may have which include, but are not limited to,actions for damages or lost profits. In the event that Railway shall desire to stop work, Railway agrees to give immediate notice thereof in writing to those individuals set forth in Section 15 of this Article ill. 6. The Agency shall supervise and inspect the operations of all Agency contractors to assure compliance with the plans and specifications,the terms of this agreement and all safety requirements of Agency. If at any time during construction Agency determines that proper supervision and inspection is not being performed by Agency personnel,Agency shall have the right to stop construction(within or adjacent to its operating right of way)and to request that the Agency correct the situation before construction is allowed to proceed. If Railway believes the situation is not being corrected in an expeditious manner, Railway shall immediately notify the Agency so that the Agency can take appropriate corrective action. 7. The Project shall not be commenced by Railway until Agency has issued Railway a "Notice to Proceed". Agency's Contractor shall not commence construction of the Project until the Agency shall have given not less than thirty(30)days prior written notice to Agency's Manager d Public Projects which notice shall state the time that Agency's Contractor plans to begin construction of the Project. Each notice shall make reference to Railway's file name Renton.WA.-Widen and Improve Southport Boulevard, 8, The construction of said Project shall be performed and effected in such a manner as not to interfere with the safe and timely operation of locomotives, trains, cars and on track maintenance equipment, over Railway's tracks. 9. After completion of the construction of the Project as here in above described: (a) Railway will maintain at its sole cost and expense the crossing surface and Signals in accordance with state law. (b) Agency at its sole cost and expense, maintain all improvements, other appurtenances, advance warning signs,and standard pavement markings. 10. Before entering upon Railway's right of way for maintenance purposes, Agency shall notify Railway's Manager Public Projects to obtain prior authorization, and, If work is contracted, Agency will require its contractors)to comply with the obligations in favor of Railway,set forth in the"Right—of-Entry Agreement' as may be revised from time to time,and accepts responsibility for compliance by its contractor(e). 11. Agency shall indemnify and save harmless Railway, its agents and employees, against all liability, claims, demands,damages,or costs for(a)death or bodily injury to persons including, without limitation,the employees of the parties hereto, (b) injury to property including, without limitation, the property of the parties hereto, (c) design defects, or (d) any other loss, damage or expense arising under either (a), (b) or (c), and all fines or penalties imposed upon or assessed against Railway, and all expenses of investigating and defending against same, arising in any manner out of (1) activities, use, or presence, or negligence of Agency, or Agency's employees, or Agency's contractors, subcontractors, agents, invitees or any of their employees, in, on, or near Railway's right of way, or, (2) The performance, or failure to perform, by the Agency, its contractors, subcontractors,or agents,its work or any obligation under this agreement.. 12. Agreement shall be interpreted in accordance with the laws of the State of Washington. 13. AR the covenants and provisions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, except that no party may assign any of its rights or obligations hereunder without the prior written consent of the other party. 14.. In the event that construction of the Project has not begun for a period of three years from the date of this agreement,this agreement shall become null and void. 15.. Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified mail,return receipt requested,to the parties at the following addresses: 5 The Burlington Northern and Railway's Manager of Public Projects Santa Fe Railway Company: John M. (Mike)Cowles 2454 Occidental Avenue So.,Suite 1-A Seattle,WA 98134-1451 Telephone No: (206)825-6146 Telecopy No.:(206)625-6115 With a copy to: Division Engineer 2454 Occidental Ave.So.—Ste 1-A Seattle,WA 98134 Telephone No. (206)625-6363 Telecopy No.(206)625-6265 Roadmaster 602 West 3nd St P.O.Box 37 Ellensburg,WA.98926 Telephone No. (206)625-6880 Telecopy No.(208)625-6527 RENTON,WASHINGTON Joe Armstrong Project Engineer 1056 South Grady Way Renton,WA.98055 Telephone No. (425)430-7223 Telecopy No.(426)430-7376 IN WITNESS WHEREOF, County has caused this Agreement to be executed and witnessed by its duly qualified and authorized officials,and BNSF has executed this Agreement,both as of the day and year first above written. P ^ R o TO l•Cr`AN26,,1 0Z S F HANT BURUNGTON RN A W Y COMP Nato.�:::,,. ... n Sonia Ft,L. - I By Mar ger Public Projects WITNESS: CTYOF ON,WASHINGTON Title Jesse Tanner, Mayor ATTEST: LdG ) Bonnie I. 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V s - 1011 i li 4in k . 111[11' il ! 1 i Ili 1111 Iiii I i - ----- i:::11:1"7"0:134:11pDEMIMPEEP--:-_- _....:::CO . 33 .. . a to i 1 1 , : -....,•..-:;,,;„,,i !m • illit 1 . 111 Al .::;;Ui.id.i,- .i,L. ---:i-- -,,, ,;;;;ILi 1 i I : 11 I iiiiinimmtmlitionimillmmiiimmilmmiNima 3" 'goo p. 11110 : I IIIIIINIM14111MIIIIIIIIIIIIIMINIMUM011111111111U gli :111111:11111111111111:11:1111311HIIIIMIIIIIIIIIIIIIIIIIIIH II 3 I di I ii it i II ; i 11; 111:1 !:!! 1111111111111111111111/1111:1131:1101111111111:: :::1111111112 . 1:11M q 1 ilk vii Irnimmimincom:immaimuffirmilmmourzi miciimiimulicilmumuumniummiiiiiimmial Ail I i ha 0111 i igl lb 0 11 1:iiimtimminiumuluimmimumminmimiliaE rtr7iii 11 f • 84 „I li ; AIHIIIIIIIIIIIIM11111111111111111W11111111111111111111IIN f,-, al I ! I'l la 1111111111111111111111111111111111111111111M11111111111111013 -*/ iliiiiiiilliiiiiii iiiiiiiiiiiiiiiiiIIIIIIIIIIIII_ .-1 _s. 1 I 1 ig II 1 ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** THE B. N. S. F. RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF RENTON LOCATION - SCOPA DETAILS OF ESTIMATE PURPOSE, JUSTIFICATION AND DESCRIPTION DESCRIPTION QUANTITY U/M COST TOTAL $ ********** LABOR .' PLACE FIELD WELDS 69.76 MN 1,330 REMOVE CROSS TIES 52.32 MH 911 REMOVE PUBLIC CROSSING 52.32 MH 911 REMOVE RAIL/OTM 52.32 MH 911 REPLACE CROSS TIES 78.48 MH 1,367 REPLACE PUBLIC CROSSING 78.48 MN 1,367 REPLACE RAIL/OTM 78.48 MH 1,367 SURFACE TRACK 52.32 MH 911 UNLOAD BALLAST 8.72 NH 162 UNLOAD CROSSING MATERIAL - PUBLIC 6.54 MH 117 WORK TRAIN - BALLAST 7.50 MH 192 PAYROLL ASSOCIATED COSTS 5,884 EQUIPMENT EXPENSES 3.947 SUPERVISION EXPENSES 6.471 INSURANCE EXPENSES 1.425 TOTAL LABOR COST 27,263 27,263 ********** MATERIAL ********** BALLAST, FROM DELTA YARD 160.00 NT 1.079 WORK TRAIN FUEL - BALLAST 180.00 GAL 130 PLUG, RAIL, INSULATED, BONDED, 20 FT 2.00 EA 908 RAIL, 115 LB NEW WELDED PREMIUM 100.00 LF 1,207 SPIKE, TIMBER SCREW, 5/8X12 IN, F/ROAD XING' 96.00 EA 94 TIE, TRK,10',PRE-PLATED,PANDROL.5 1/2',ROUND 60.00 EA 4,200 TIE, TRK.GRADE 5,PRE-PLATED,PANDROL,5.5',SQ H 10.00 EA 596 WELD, KIT, GENERIC FOR ALL RAIL WEIGHTS 8.00 KT 456 CONC 115 08-SEC WITH FILLER FOR WOOD 64.00 TF 8,900 STORE EXPENSES 426 ONLINE TRANSPORTATION 1,656 USE TAX 1,165 OFFLINE TRANSPORTATION 118 TOTAL MATERIAL COST 20,935 20,935 ********** OTHER ********** ASPHALT FURNISHED IN PLACE (46 NT) - CONTRAC 1.00 LS 5,000 ASPHALT RECYCLE - CONTRACT 1.00 LS 300 EQUIPMENT RENTAL (LOADER,EXCAVATOR W/ASPHALT 1.00 LS 6,000 PAVEMENT CUTTING - CONTRACT 1.00 LS 500 TRAFFIC CONTROL 1.00 LS 500 TOTAL OTHER ITEMS COST 12.300 12,300 PROJECT SUBTOTAL 60,498 CONTINGENCIES 4,880 BILL PREPARATION FEE 327 GROSS PROJECT COST 65,705 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 65,705 LXNIC311- �� C ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** THE B. N. S. F. RAILWAY COMPANY FHPM ESTIMATE FOR STATE OF WASHINGTON LOCATION - RENTON DETAILS OF ESTIMATE PURPOSE, JUSTIFICATION AND DESCRIPTION INSTALL NEW CROSSING SIGNALS ON OLD GENE COULON PARK IN RENTON, WA. DOT N 0917258, WITH SCX (DC STYLE WARNING), CANTS., FLSH&GATES, RTU, CABLE, BATT., RECORDERS. BUNGALOW, BONDS AND ETC. LS-0405, MP. 4.05, PACIFIC DIV., WOODINVILLE SUBDIV THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATING PURPOSE ONLY. THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS, DETAILED AND ACCURATE MATERIAL LISTS WILL BE FURNISHED WHEN ENGINEERING IS COMPLETED. CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. THIS ESTIMATE GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR MATERIAL, LABOR, AND OVERHEADS. ******************* ******* SIGNAL WORK ONLY ****************w***'*"*"'****** Crr of RENTO J THE IS FUNDING THIS PROJECT 100%. THIS PROJECT MUST BE DONE AT THE SAME TIME LAKE WASHINGTON BLVD. CROSSING IS DONE, SINCE THEY ARE SHARING THE SAME BUNGALOW FOR THE CONTROL EQUIPMENT. MAINTAIN PROPRIETARY CONFIDENTIALITY DESCRIPTION QUANTITY UJM COST TOTAL $ ********** LABOR ********** SIGNAL FIELD LABOR 808.00 MH 18,720 SIGNAL SHOP LABOR 80.00 MH 1,628 PAYROLL ASSOCIATED COSTS 12,653 EQUIPMENT EXPENSES 3,438 SUPERVISION EXPENSES 13,976 INSURANCE EXPENSES 3,052 TOTAL LABOR COST 53.457 53,467 ********** MATERIAL ********** 4-IN PVC 120.00 FT N 228 BATTERY 1.00 EA N 3,668 BONDS 89.00 EA N 336 BUNGALOW 6%8 1.00 EA N 5,790 CABLE 1.00 EA N 2,000 CANTILEVER COMPLETE 1.00 EA N 9,500 CHARGER 2.00 EA N 1,018 CONCRETE FOUNDATIONS 2.00 EA N 322 GATE MECH. MODEL 95 COMPLETE 2.00 EA N 10,756 MISC. BUNGALOW MATERIAL 1.00 LS N 6,151 MISC. FIELD MATERIAL 1.00 LS N 3,016 MISC. MATERIAL 1.00 EA N 2,000 PREEMPTION PACKAGE 1.00 EA N 1,500 RTU CELLULAR MONITOR 1.00 EA N 2,050 SCX SYSTEM 1.00 EA N 5,000 VIGILANT RECORDER 1.00 EA N 1,560 USE TAX 3.648 OFFLINE TRANSPORTATION 684 TOTAL MATERIAL COST 59,227 59.227 ********** OTHER ********** CONTRACT ENGR. 1.00 EA N 6,000 DIRECT SHIPPING 1.00 EA N 4,051 EQUIPMENT RENTAL 1.00 LS N 4,485 FILL DIRT 20.00 CY N 500 SURFACE ROCK 10.00 CY N 250 TOTAL OTHER ITEMS COST 15,286 15,286 PROJECT SUBTOTAL 127,980 CONTINGENCIES 12,798 BILL PREPARATION FEE - 704 GROSS PROJECT COST 141,482 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 141.482 EXN 101 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT FOR CONSTRUCTION PROJECTS ON OR ADJACENT TO PROPERTY OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Gentlemen: The undersigned,hereinafter referred to as Contractor,has entered into a Contract dated , 2002, with Renton,Washington(°City")for the performance of certain work in connection with the project.The widening and the improvements to the Southport Boulevard at-grade crossing in the performance of which work the Contractor will necessarily be required to conduct operations within THE BURLINGTON NORTHERN AND SANTA PE RAILWAY COMPANY("Railway"),right of way and property ("Railway Property"). The Contract provides that no work shall be commenced within Railway Property until the Contractor employed in connection with said work for City executes and delivers to Railway an Agreement,in the form hereof,and shall have provided insurance of the coverage and limits specified in said Contract and Section 2 of this Agreement.If this Agreement is executed by other than the Owner,General Fanner,President or Vice President of Contractor,evidence is furnished to you herewith certifying that the signatory is empowered to execute this Agreement for the Contractor. Accordingly,as one of the inducements to and as part of the consideration for Railway granting permission to Contractor to enter upon Railway Property,Contractor,effective on the date of said Contract,has agreed and does hereby agree with Railway as follows: SECTION I. RELEASE OF LIABILITY AND INDEMNITY Contractor agrees to release Railway from any claims arising from the performance of this Agreement which Contractor or any of its employees,subcontractors,agents or Invitees could otherwise assert against Railway,regardless of the negligence of Railway,except to the extent that such claims are proximately caused by the intentional misconduct or gross negligence of Railway. Contractor shall indemnify and hold harmless Railway for all Judgments,awards,claims,demands,and expenses (including attorney's fees),for injury or death to all persons,including Railway's and Contractor's officers and employees, and for.loss and damage to property belonging to any person,arising in any manner from Contractor's or any of Contractor's subcontractors'acts or omissions or failure to perform any obligation hereunder.THE LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT,IF'IT IS A FACT,THAT THE DESTRUCTION,DAMAGE,DEATH,OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY,ITS AGENTS,SERVANTS,EMPLOYEES OR OTHERWISE,EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE Or RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE ANY CLAIMS,SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT,WHENEVER SO CLAIMED. Nothing in this agreement Is intended to be construed as a requirement for the indemnification against the sole negligence of the Railway, Its officers, employees or agents for any work relative to the construction, alteration, repair, addition to,subtraction from,improvement to,or maintenance of,any building,highway, road, railroad,excavation,or other structure, proJect, development, or improvement attached to real estate, including moving and demolition in connection therewith,performed In the State of Washington. indemnification against liability for damages arising out of bodily injury to persons or damage to property for any work relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, ralirtioad, excavation, or other structure, project, development,or Improvement attached to real estate,including moving and demolition in connection therewith, performed in the State of Washington and caused by or resulting from the concurrent negligence of the Railway and the Agency and its agents or employees will be enforceable only to the extent of the negligence of the Agency and its agents and employees. I RIGHT OF ENTRY STATE OF WASHINGTON SEPTEMBER 3, 1999 The indemnification obligation shalt Include all claims brought by Contractor's employees against the Railway, 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. Contractor further agrees,at its expense,in the name and on behalf of Railway,that it shall adjust and settle all claims made against Railway,and shall,at Railway's discretion,appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable.Railway shall give notice to Contractor,in writing,of the receipt or dependency of such claims and thereupon Contractor shall proceed to adjust and handle to a conclusion such claims,and in the event of a suit brought against Railway,Railway may forward summons and complaint or other process in connection therewith to Contractor,and Contractor,at Railway's discretion, shall defend,adjust,or settle such suits and protect,indemnify,and save harmless Railway from and against all damages, judgments,decrees,attorney's fees,costs,and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement shall survive any termination of this Agreement SECTION 2. INSURANCE. (a).Before commencing any work under this Agreement,Contractor must provide and maintain in effect throughout the term of this Agreement insurance,at Contractor's expense,covering all of the work and services to be performed hereunder by Contractor and each of its subcontractors,as described below: (1). Workers'Compensation coverage as is required by State law. THE CERRTJFIC6TE MUST CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMPANY'S SUBROGATION RIGHTS AGAINST THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY. (2).Commercial General Liability insurance covering liability,including but not limited to Public Liability, Personal Injury,Property Damage and Contractual Liability covering the obligations assumed by Contractor in Section 1, with coverage of at least$2,000,000 per occurrence and$4,000,000 in the aggregate.Where explosion,collapse,or underground hazards are involved,the X,C,and U exclusions must be removed from the policy. (3).Automobile Liability insurance,including bodily injury and property damage,with coverage of at least $1,000,000 combined single limit or the equivalent covering any and all vehicles owned or hired by the Contractor and used in performing any of the services under this agreement (4). Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway Company is the Named Insured covering all of the liability assumed by the Contractor under the provisions of this Agreement with coverage of at least$2,000,000 per occurrence and$6,000,000 in the aggregate. Coverage shall be issued on a standard ISO form CG 00 35 0196 and endorsed to include ISO form CG 28 31 10 93 and the Limited Seepage and Pollution Endorsement(see attached copy). (b).The average train traffic per 24-hour period on this route is 2 switching movements at a timetable speed of 1QMPH. (c).All insurance shall be placed with insurance companies licensed to do business in the States in which the work is to be performed,and with a current Best's Insurance Guide Rating of A-and Class VII,or better. (d). In all cases except Workers'Compensation and Railroad Protective Liability coverage the certificate must specifically state that THE BURLINGTON NORTHERN AND SANTA PE RAILWAY COMPANY IS AN ADDITIONAL INSURED. (e)Any coverage afforded Railway,the Certificate Holder,as an Additional Insured shall apply as primary and not excess to any coverage issued in the name of Railway. 2 (f).Such insurance shall be approvedby the Railway before any work is performed at Railway's Property and shall be carried until all work required to be performed on or adjacent to Railway's Property under the terms of the contract is satisfactorily completed as determined by the city of Renton,Washington,and thereafter until all tools, equipment and materials not belonging to the Railway,have been removed from Railway's Property and Railway Property is left in a clean and presentable condition. The insurance herein required small be obtained by the Contractor and Contractor shall furnish Railway with an original certificate of insurance,signed by the insurance company,or its authorized representative,evidencing the issuance of insurance coverage as prescribed in(a)1,2 and 3 above,plus the original Railroad Protective Liability insurance policy to: Attention: Maintenance Field Support The Burlington Northern and Santa Fe Railway Company Maintenance Field Support 4501 Kansas Avenue Kansas City,Kansas 66106 (g).The certificate of insurance shall guarantee that the policies will not be amended,altered,modified or canceled insofar as the coverage contemplated hereunder is concerned,without at least thirty(30)days notice mailed by registered mail to Railway. (h).Full compensation for all premiums which the Contractor is required to pay on all the insurance described hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the Contract,and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under SECTION I will not in any way be limited to or affected by the amount of insurance obtained and carried by the Contractor in connection with said Contract. SECTION 3.CONTRACTOR REQUIREMENTS (a).While on or about Railway Property,Contractor shall fully comply with Railway's"Contractor Requirements",including(but not limited to)clearance requirements and personal protective equipment requirements. Contractor shall be responsible for fully informing itself as to Railway"Contractor Requirements". (b).Prior to entering Railway Property,each person providing labor,material,supervision,or services connected with the work to be performed on or about Railway Property shall attend a Safety Orientation session conducted or approved by Railway.Contractor shall contact Manger Public Projects,7.M.(Mike)Cowles,telephone(206)625-6140 fax(206)625-6115,at least thirty(30)calendar days in advance to arrange the necessary safety orientation session(s). (c).Prior to entering Railway property,the Contractor shall prepare and implement a safety action plan acceptable to Railway.Contractor shall audit it's compliance with that plan during the course of its work.A copy of said plan and audit results shall be kept at the work site and shall be available for inspection by Railway at all reasonable times SECTION 4. PROTECTION OF RAILWAY FACILITIES AND RAILWAY FLAGGER SERVICES (a).The Contractor shall give a minimum of at least thirty(30)working days notice to ljamy Pang the Railways Roadtnaster at telephone(206)625-6462.,in advance of when flagging services will be required to bulletin the flaggers position and shall provide five(5)working days notice to the Roadmaster to abolish the position per union requirements. (b).Railway Dagger and protective services and devices will be required and furnished when Contractor's work activities are located over or under of and within twenty-five(25)feet measured horizontally from center line of the nearest track and when cranes or similar equipment positioned outside of 25-foot horizontally from track center line that could foul the track in the event of tip over or other catastrophic occurrence,but not limited thereto for the following conditions: 3 (1).When in the opinion of the Railway's representative,it is necessary to safeguard Railway's Property, employees,trains,engines and facilities. (2).When any excavation is performed below the bottom of tie elevation,if in the opinion of Railway's representative,track or other Railway facilities may be subject to movement or settlement (3).When work in any way interferes with the safe operation of trains at timetable speeds. (4).When any hazard is presented to Railway track,communications,signal,electrical,or other facilities either due to persons,material,equipment or blasting in the vicinity. (5).Special permission must be obtained from.the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. (a).Flagging services will be performed by qualified Railway Baggers. The base cost per hour for(1) Bagger is$50.00 which includes vacation allowance,paid holidays,Railway and Unemployment:Insurance,Public Liability and Property Damage Insurance,health and welfare benefits,transportation,meals,lodging and sum visloa,for an eight(8)hoar basic day with time and one-half or double time for overtime,rest days and holidays. These rates are subject to any increases which may result from Railway Employees-Railway Management negotiations or which maybe authorized by Federal authorities.State/Contractor will be billed on actual costs in effect at time work is performed. (1).A flagging crew generally consists of one employee. However,additional personnel may be required to protect Railway Property and operations,if deemed necessary by the Railway's representative. (2). Each time a dagger is called,the minimum period far billing shall be the eight(8)hour basic day. (3). The cost of nagger services provided by the Railway,when deemed necessary by the Railway's representative,will be borne by the State/Contractor. (4).The average train traffic per 24-hour period on this route is 2 switching movements at a timetable speed of 1Q MPH. SECTION 5.TRAIN DELAYS No work performed by Contractor shall cause any interference with the constant,continuous and Uninterrupted use of the tracks,property and facilities of the Railway,it's lessees,licensees or others, unless specifically permitted under this agreement,or specifically authorized in advance by the Railway Representative.Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof.When not in use,Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railway's nearest track,and there shall be no vehicular crossings of Railway's track except at existing open public crossings. Contractor shall be responsible to Railway,including its affiliated railway companies,and its tenants for damages for any unscheduled delay to freight or passenger trains that are caused by the Contractor as follows: (a).Train Delay Damages,Passenger Trains (1).Contractor will be billed and Contractor shall pay Railway within 30 days,as provided below,for the actual economic losses arising from loss of contractual incentive pay and bonuses,and contractual penalties resulting from passenger train delays,whether caused by Contractor,or subcontractors,or by the Railway performing Railway Work associated with this pro9et. Railway agrees that it will not perform any act to unnecessarily cause passenger train delay. (2).Passenger trains operate under incentive/penalty contract with the Railway. Under these arrangements,if Railway does not meet its contract service commitment,Railway may suffer loss of performance of incentive pay or be subject to a penalty payment_ Contractor shall be responsible for any passenger train performance and incentive penalties 4 i EXHIBIT B AGREEMENT BETWEEN CITY OF RENTON AND BNSF CAG-02-136 EXHIBIT B CAG-02-136 CONSTRUCTION AND MAINTENANCE AGREEMENT _ WIDEN AND IMPROVE LAKE WASHINGTON BOULEVARD(RR MP 3,98) RENTON,WASHINGTON RAILWAY Contract NO_ File No AGREEMENT, made this rrio'day of____ ,2002,between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter referred to as the `Railway, and RENTON.WASHINGTON,a municipal corporation,hereinafter referred to as the"Agency". RECITALS: WHEREAS: the Woodinville Sutxtvision is currently owned and operated by the Railway;and WHEREAS; in the interest of aiding motor vehicle traffic the Agency is proposing to widen and improve the Lake Washington Boulevard at grade crossing,hereinafter referred to as the Project. WHEREAS; the centerline of the Lake Washington Boulevard at grade crossing crosses over the Railway's right-of- way and mainline at railroad survey station 745+58.5,MP 3+5233.5',MP 3.98 on the Woodinville Subdivision,and WHEREAS:the Project is located in Lot 1 of Section 8, T 23 N, R 5 E,WM.as shown on the plans marked Exhibit "A'attached hereto and made a part hereof,and WHEREAS: installation of automatic flashing light traffic control devices (cantilever and shoulder mount type) with gates and constant warning time devices will be constructed under separate agreement. WHEREAS: the Railway will be required to perform certain work on Its facilities,and WHEREAS: the parries hereto desire that the work to be performed by the Agency in connection with said construction be performed In accordance with plans and specifications to be prepared by the Agency,and WHEREAS: the Agency is willing to undertake the construction of said project with Agency funds, state funds and such federal funds as may be available,and WHEREAS: the Railway Is willing to consent to the execution of the said project upon the terms and conditions herein stated and not otherwise,and WHEREAS: the parties hereto desire to contract for work to be performed by each of them in connection with this project and the payment of costs and expenses therein Involved,and AGREEMENT: ARTICLE NOW THEREFORE,in consideration of the covenants of the Agency hereinafter contained, and faithful performance thereof, Railway agrees: 1. To furnish al labor, materials,tools,and equipment, and do"Railroad Work" required due to the construction of the Project,such railroad work and the estimated cost thereof being as shown in Exhibit"B"attached hereto and made a part hereof, In the event that construction of the Project has not commenced within six:(6)months from the effective date of this Agreement, Railway may, in Its sole and absolute discretion, revise the cost estimates set forth In said Exhibit "8". In such case, Railway shall provide to the Agency its revised cost estimates highlighting all changes that are made. Any item of work incidental to those items listed In Exhibit "B", but not specifically mentioned therein,may be included as part of this agreement as an Item of work upon 1 written approval of Agency, if practicable. - The Railway may submit progress bills to the Agency during the progress of the work for the actual cost of services and expenses. The Agency will than pay progress bilis within 30 days after receipt of a properly submitted bill. If the billing is disputed for any reason,the Agency will promptly notify the Railway and will pay any undisputed amount The Railway and the Agency shall maintain records regarding the work performed and the costs and expenses incurred by the parties for the project in accordance with generally accepted accounting principles and practices. Said records shall be made available to the other party, or for Agency, or federal audit, upon request during normal business hours,for a period of three years after the final payment Construction of the Project shall include the following work by Railway: (a) Preliminary engineering,design,and contract preparation; (b) Remove the existing crossing surface, Place a 160'concrete crossing, complete with new ties, ballast and engineering fabric. (c) Furnishing of such watchmen and flagmen as may be necessary for the safety of its property and the operation of its trains during construction of said Project;and (e) Furnishing of engineering and inspection as required for construction of said Project. 2. To do all work provided in Article I,Section 1 above with Its own employees working under Railroad Labor Agreements or by contractor(s),It necessary,and on an actual cost basis. 3. Agency agrees to reimburse Railway for work of an emergency nature caused by Agency or Agency's contractor, in connection with the Project which Railway deems Is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or Railway property. Such work may be performed by Railway without prior approval of Agency and Agency agrees to reimburse Railway for all such emergency work 4. To submit to Agency for payment upon.completion of the Project, a detailed statement covering the cost of the work performed by Railway,segregated as to labor and materials, and In accordance with and subject to the terms and provisions of Federal Highway Administration's FHPM 143, as amended. AR applicable portions of the Federal Highway Administration's FHPM 662.1 as amended and FHPM 143 as amended are by reference Incorporated herein and made a part hereof. ARTICLE If IN CONSIDERATION of the covenants of Railway herein set forth and the faithful performance thereof, Agency agrees as follows: 1. To furnish to Railway plans and specifications for the Project. Four sets of said plans,together with two copies of specifications,shall be submitted to Railway for approval prior to commencement of construction. After having been approved by both parties hereto, said plans and specifications are hereby adopted and incorporated into this agreement by reference. 2. To acquire,at no cost to Railway, all rights of way necessary for the construction of the Project 3. To make any and all arrangements to secure the location or relocation of wire lines,pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than t3NSF which may be found necessary to locate or relocate in any manner whatsoever due to the construction of the project. 3. To construct the Project as shown on Exhibit 'A' and do all work provided for in the plans and specifications for the Project, except such work that Railway herein agrees to do. Principal elements of work to be performed by Agency in the construction of the Project are as follows: 4. 2 T t (a) Necessary Grading and Paving of the roadway approaches to the crossing and furnish and place asphalt concrete paving up to the crossing. (b) Furnish and place advance warning signs and standard pavement parldngs for the railroad at grade crossing. (c) Furnish the railroad with the inter-tie connection from the Agency's contoller to the railroad's Signal controller. (d) Perform all other work not specifically mentioned as work to be performed by the Railway necessary to complete the project in accordance with the plans and specifications. 5. To furnish all labor,materials,tools,and equipment in performing the work It agrees to perform herein. All work of construction with respect to said Project shall be undertaken by Agency, or Agency's contractor and shall be performed at such times as shall not endanger or interfere with the safe and timely operations of Railways track and other facilities. 6. To require its contractor(s)to notify Ralway's Roadmaster at least 30 calendar days in advance of commencing work on Railway property or near Railway's tracks, when requesting a Railway flagman in accordance with the requirements of'The Right of Entry Agreement'attached hereto, in order to protect Railway from damage to its trains and property. 7. To require its contractor(s)to furnish Railway's Manager of Ptthllc Projects,for approval,four copies of plans and two sets of calculations of any shoring or cribbing proposed to be used over, under, or adjacent to Railway's tracks. 8. The Agency agrees to include the folowing provisions in its contract with a contractor performing work on said Project (a) Fiber optic cable systems owned by various telecommunication companies may cross or run parallel in Railway's rail corridor, The, Contractor shall be responsible to contact Railway and/or the telecommunications companies to determine whether there are any fiber optic cable systems located within the Project boundaries that could be damaged or their service disrupted due to the construction of the Project. The contractor shall also pothole all lines either shown on the plans or marked in the field in order to verily their locations. The contractor shall also use all reasonable methods when working In the Railway rail corridor to determine of any other fiber optic lines may exist. (b) The telecommunication companies shah be responsible for the rearrangement of any facilities determined to interfere with the construction. The contractor shall cooperate fully with any company performing these rearrangements. 9. To also incorporate in each contract for construction of the Project,or the specifications therefor,the provisions set forth in Article II, Sections 6, 7, 8,9, 10,(a)and 11 (b), and in Article ill, Sections 9,4, 10, and 11, and the provisions set forth in the"Right-of-Entry Agreement"attached hereto and by reference made a part hereof. 10. That, except as hereinafter otherwise provided, all work to be performed hereunder by Agency in the construction of the Project will be performed pursuant to a contract or contracts to be let by Agency, and all such contracts shall provide. (a) That all work performed thereunder, within the limits of Railway's right of way shall be performed in a good and workmanlike manner, and in accordance with plans and specifications approved by Railway. Those changes or modifications during construction that affect safety or Railway's operations shall also be subject to Railway's approval; (b) That no work shall be commenced within Railway's right of way until each of the contractors employed in connection with said work shall have (i) executed and delivered to Railway an Agreement in the form of 'The Right-of-Entry Agreement' delivered to and secured Railway's approval of the insurance required by said"Right-of-Entry Agreement". 11. (a) Railway shall have the right to request that any Agency employee, any Agency contractor,or any employee of a Agency contractor who performs any work within Railway's right of way and which affects Railways 3 operations or facilities, be removed from the Project for incompetence, neglect of duty, unsafe conduct or misconduct. In the event Agency or its contractor elects not to honor such request, Railway may stop work within its right of way until the matter has been fully resolved to Railway's satisfaction. The party whose employee has been asked to leave the Project will indemnify the requesting party against any claims arising from such removal. (b) Agency's employees, agents, contractors, representatives and invitees shall wear the current BNSF Personnel Protective Equipment ("PPE") when on the Railway's rail corridor. Railway PPE shall meet applicable OSHA and ANSI specifications. Existing Railway PPE requirements are: (I) safety glasses; permanently affixed side shields;no yellow lenses; (ii)hard hats with high visibility orange cover; (lii)safety shoes with hardened toe,above the anide lace up and a defined heel; and(iv) high visibility reflective orange vests. Hearing protection, fail protection and respirators will be worn as required by state and federal regulations. 12. To advise Railway's Manager Public Projects, in writing,of the completion date of the Project within thirty(30) days after such completion and to notify Railways Manager Public Projects, in writing, of the date on which Agency and/or its Contractor will meet with Railway for the purpose of maldng final inspection of the Project. ARTICLE III IN CONSIDERATION of the premises,it is mutually agreed as follows: 1. That all work contemplated in this agreement shall be performed in a good and workmanlike manner, in accordance with plans and specifications approved by BNSF, and each portion shall be promptly commenced by the parties hereto obligated to do the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction that affect Railway shall be subject to approval by Railway prior to commencement of such changes or modifications. 2. That such work shall be done in accordance with detailed plans and specifications approved by both parties. 3. Agency and Railway shall to the extent reasonably practicable adhere to the construction schedule for all Project work The parties agree that Railway's failure to complete Railroad work in accordance with the construction schedule by reason d inclement weather, unforeseen railroad emergencies, or other conditions beyond its reasonable control,will net constitute a breach of this Agreement by Railway nor subject Railway to any liability or responsibility f or added expense to the Agency. 4. In the event of an unforeseen railroad emergency and regardless of the requirements of the construction schedule, Railway reserves the right to reallocate all or a portion of its labor forces assigned to perform the Railroad Work when Railway believes such reallocation is necessary to provide for the immediate restoration of railroad operations of Railway or its affiliates or to protect persons or property on or near any Railway owned property or any related railroad. Railway will reassign such labor forces to again perform the Railroad Work when, in its sole but good faith opinion, such emergency condition no longer exists. Railway will not be liable for any additional costs or expenses of the Project resulting from any such reallocation of its labor forces. The parties further agree that such reallocation of labor forces by Railway and any direct or indirect results of such reallocation will not constitute a breach of this Agreement by Railway. 5. That if any Agency Contractor shall prosecute the Project work contrary to the Plans and Specifications or if any Agency Contractor shall prosecute the Project work in a manner Railway deems to be hazardous to its property, facilities or the safe and expeditious movement of its traffic, or the insurance described in "The Right-of-Entry Agreement" hereof shall be canceled during the course of the Project,the Railway shall have the right to stop the work until the acts or omissions of such Agency Contractor have been fully rectified to the satisfaction of Railway's Division Engineer,or additional insurance has been delivered to and accepted by Railway. Such work stoppage shall not give rise to or impose upon Railway any liability to Agency,or to any Agency Contractor. The right of Railway to stop the work is in addition to any other rights Railway may have which Include, but are not limited to,actions for damages or lost profits. In the event that Railway shall desire to stop work, Railway agrees to give immediate notice thereof in writing to those individuals set forth in Section 15 of this Article III. 6. The Agency shall supervise and inspect the operations of all Agency contractors to assure compliance with the plans and specifications,the terms of this agreement and all safety requirements of Agency. if at any time during 4 Y`• construction Agency determines that proper supervision and inspection is not being performed by Agency personnel,Agency shall have the right to stop construction(within or adjacent to its operating right of way)and to request that the Agency correct the situation before constructions is allowed to proceed. If Railway believes the situation is not being corrected in an expeditious manner, Railway shall immediately notify the Agency so that the Agency can take appropriate corrective action. 7. The Project shall not be commenced by Railway until Agency has issued Railway a "Notice to Proceed". Agency's Contractor shall not commence construction of the Project until the Agency shall have given not less than thirty(30)days prior written notice to Agency's Manager of Public Projects which notice shall state the time that Agency's Contractor plans to begin construction of the Project. Each notice shall make reference to Railways file name Renton.WA.-Widen and lmorove.Lake Washington Boulevard 8. The construction of said Project shall be performed and effected in such a manner as not to interfere with the safe and timely operation of locomotives, trains, cars and on track maintenance equipment, over Railway's tracks. 9. After completion of the construction of the Project as here in above described: (a) Railway will maintain at its sole cost and expense the crossing surface and Signals in accordance with state law. (b) Agency at its sole cost and expense, maintain all improvements, other appurtenances, advance warning signs,and standard pavement markings. 10. Before entering upon Railway's right of way for maintenance purposes, Agency shall notify Railway's Manager Public Projects to obtain prior authorization, and, if work is contracted, Agency will require its contractor(s)to comply with the obligations in favor of Railway,set forth in the"Right—of-Entry Agreement' as may be revised from time to time,and accepts responsibility for compliance by its contractor(s). 11. Agency shall indemnify and save harmless Railway, its agents and employees, against all liability, claims, demands, damages,or costs for(a)death or bodily injury to persons including, without limitation,the employees of the parties hereto, (b) injury to property including, without limitation, the r of the parties design defects, or (d) any other loss, damage or expense arising under either (a), (b) or (c), and all fines(or penalties Imposed upon or assessed against Railway, and all expenses of investigating and defending against same, arising in any manner out of (1) activities, use, or presence, or negligence of Agency, or Agency's employees, or Agency's contractors, subcontractors, agents, invitees or any of their employees, in, on, or near Railway's right of way, or, (2) The performance, or failure to perform, by the Agency, its contractors, subcontractors, or agents,its work or any obligation under this agreement.. 12. Agreement shall be interpreted in accordance with the laws of the State of Washington. 13. All the'covenants and provisions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, except that no party may assign any of its rights or obligations hereunder without the prior written consent of the other party. 14.. In the event that construction of the Project has not begun for a period of three years from the date of this agreement,this agreement shall become null and void. 15.. Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: The Burlington Northern and Railway's Manager of Public Projects Santa Fe Railway Company: John M. (Mike)Cowles 2454 Occidental Avenue So., Suite 1-A Seattle,WA.98134-1451 Telephone No: (206)625-6146 Telecopy No.:(206)625-6115 5 • With a copy to: Division Engineer 2454 Occidental Ave. So.—Ste 1-A Seattle,WA.98134 Telephone No.(206)625-6363 Telecopy No.(206)625-6265 Roadmaster 602 West 3'd St P.O.Box 37 Ellensburg,WA.98926 Telephone No.(206)625-6880 Telecopy No.(206)625-6527 RENTON,WASHINGTON Lin Wilson Design Supervisor Transportation Systems Division 1055 South Grady Way Renton,WA.98055 Telephone No. (425)430-7223 Telecopy No (425)430-7376 IN WITNESS WHEREOF,County has caused this Agreement to be executed and witnessed by its duly qualified and authorized officials,and BNSF has executed this Agreement,both as of the day and year first above written. THE BURLINGTON NORTH�ERN AND SANTA LWAY � ANY By Ma ger Public Projects WITNESS: CITY OF N,WASHINGTON L -'. le Jesse Tanner, Mayor ATTEST: Peeiritetti . . I a/re"- • Bonnie I. Walton, City Clerk 7- 7-4A 6 SE 5E, W.M. ILVD. IMPROVEMENTS �. . � - DEVELOPMENT t• I, SIIE.- r 94 • VICNI1Y MAP Is I PRAWING INDEX;, NOT TO SCALE Y d * O i . COVER SHEET (CIVIL).»..... SHT Cl f . f PLAN & PROFLE STA 9+96 TO STA 14+60 SHT C2 (� P f� PLAN & PROFILE STA 14+60 TO STA 20+00 SHY C3 l� ' PLAN At PROFILE STA 20+00 TO STA 23+00 ». SLIT C4 s-' � . PLAN & PROFILE COULON PARK ENTRANCE...»...» ....».»........SHT C5 % f fri ROAD GEOMETRY STA 9+96 TO STA 14+60.............»».....................SHT C6 . ROAD GEOMETRY STA 14+60 TO STA 20+00........_ ............. ...SHT C7 t r *!� ' 1 ROAD GEOMETRY STA 20+00 TO STA 23+00....»....... .. SHT C8 '4 r. ROAD GEOMETRY STA COULON PARK ENTRANCE............»................SHT C9 C 3 • EROSION CONTROL STA 9+96 TO STA 14+80....................» SHT C1t EROSION CONTROL STA :: z ::- // EROSION CONTRSTA STA 1�',A \,� EROSION CONTROL COULON PARK ENTRANCE. »»._...».... .SHT CI: UTILITY COORDINATION PLAN ............«..........».»».»....«.....»...» SHT CU / ! f\::.. -- ' UTIUT'Y COORDINATION PLAN ....»..................................»...............» SHT C1: �� DRIVEWAY ACCESS EASEMENT................«...,.......«..»«......_ SHT C1f / _` �.! + ROAD SECTIONS. »..»«.....SHT C17 ✓f:r 404. DETAILS ..........» ....«.»........»..»...,».SPIT CIE r ..........»..«» .»...... ...» ».. + DETAILS. ».BHT' C1£ C2-• .• .. . DETAIL.S.»...»«....,..:«........»......»....................»......»..._....._. ....._....._SHT•C2( 1 NOTES & SPECIFICATIONS......».....».....»............»......... ......»..SHT C21 r LAKE WASH BLVD/PARK AVE N CHANNEUZATION PLAN SHT CH' LAKE WASH BLVD STA 13+25 TO 16+65.CHANNEUZATION PLAN •SHT CH. A.,, 4/ t LAKE WASH BLVD/SITE ACCESS CHANNEUZATION PLAN SHT CH. t. �! LAKE WASH BLVD/PARK AVE N TRAFFIC SIGNAL PLAN.. SHT TS1 LAKE WASH BLVD STA 13+00 TO 16+00 TRAFFIC SIGNAL PLAN SHT IT 'ti► LAKE WASH BLVD/SSTE ACCESS TRAFFIC SIGNAL PLAN .«..SHT TS: it LAKE WASH BLVD/SITE ACCESS SIGNAL WIRING DIAGRAM SHT TS4 LAKE WASH BLVD/SITE ACCESS SIGNAL STANDARD DETAILS.... SHT TS! e4g.: ' CveiN EX 1.41 t 6\1' 1 SEAL A, . „Ai• >. '• 4Wiv CHECKED FOR COMPLIAN ' —•--_ r'P%' TO CITY STANDARDS 99323.02 la RUSH, ROED ale HITCHINGS, INC. o w aWnl.oia(e>aes t tA►m svAV��ro(�s Ms sue..... l ..e '°a ...Ma:a i t i ] 1 i I/sr E 5E, 'W.M. 0 N snE Y WaNITY MAP MOTTO sN"w i 1, i IS \ i 14 i. _ 5 I s`I. a DEVELOPMENT, INC. . ,,`, 10843 NE 81H STREET. STE. 200 BELLEVUE, WA 96004 I a `* `;�. r. REx ALLEN PHONE a I .- `+4. (425) s66-,ohs 4: 1 ‘4.'7w>. 1RANSPORTATIOrr { t i N- THE IRANSPO CROUP. INC J ;; 11730 118 D, WA ` S1E. 600 . 1' . 4 i 1 I `t . 1 PHONE 4821-3665 PE E s ' I 1, 0 R.R. atossmo sow. (LOCATION/DESIGN/DESIGN TO DE CORD. W Tit TH} r t \\ I TI TRANSPO GROUP INC.)'. I�hy _ u 7 y } C65M APRON ofisr °`,! w -i Z (DESCH COORD iH B 4i. t / r3• - Q EXIST. ACCESS ESUT: IHRU B.N.S.F. R.O.W. .y . AREA R 10,731 SF t'r.i! i�' J T \.s., Q PROPOSED ACCESS EMIT. 1HRU B.N.S.F. R.O.W. - 4}':e��, co AREA s 10.731 Sr VI r• '4 _ 1/4. / u i;;O:t. / . y i 0;'.* �/ • PROPERTY LIE – — f C'► i; ""y o•y u EX. EASEMENT LINE –——_... r) �� , r `• ".,„ k 1 NEW EASEMENT LINE — —•••MB Y(G r ht 0 1.1 , . ,,,, , s' / 1 1, Ti � At, . � k • `l/ 1 rst': R.o.w. .i' 7 vp,,. z, 6•N.S.F, R.o.WV FE •Mir I 3 rte``�� SEAL' \',,./.7zIteld;.17.00 CHECKED FOR COMPLIANCE ,2r•-a 99323.02 TO CITY STANDARDS aBUSH. ROED 1k HITCHINGS, INC. OOat..- OWL ENGRAI t9 it IAHD.SURWISIR3 We_, URN (-44M ■111111 1 ,. ***** MAINTAIN PROPRIETARY CONFIOENTIALI'i. THE B. N. S. F. RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF RENTON LOCATION - SCOPA DETAILS OF ESTIMATE PURPOSE. JUSTIFICATION AND DESCRIPTION DESCRIPTION • QUANTITY U/M COST TOTAL S ********** LABOR ********** PLACE FIELD WELDS 34.88 MN 685 REMOVE CROSS TIES 52.32 MH 939 REMOVE PUBLIC CROSSING 52.32 MH 939 REMOVE RAIL/OTM 52.32 NH 939 REPLACE CROSS TIES 167.86 MH 3.010 REPLACE PUBLIC CROSSING 167.86 MN •3.010 REPLACE RAIL/OTM 167.86 NH 3.010 SURFACE TRACK 52.32 NH 939 UNLOAD BALLAST 20.71 NH 372 UNLOAD CROSSING MATERIAL - PUBLIC 6.54 MH 120 WORK TRAIN - BALLAST 7.50 NH 202 PAYROLL ASSOCIATED COSTS 8.805 EQUIPMENT EXPENSES 4.893 SUPERVISION EXPENSES 9.727 INSURANCE EXPENSES 2.119 TOTAL LABOR COST 39,716 39.716 MATERIAL ********** BALLAST. FROM DELTA YARD 160.00 NT 1,119 YORK TRAIN FUEL - BALLAST 180.00 GAL 139 RAIL, 1I5 LB NEW WELDED PREMIUM 200.00 LF 2.126 SPIKE, TINIER SCREW. 5/8X12 IN. F/ROAD XING 240.00 EA 238 TIE, TRK,10'..PRE-PLATED,PANDROL.5 1/2'.ROUND 120.00 EA 8.650 TIE. TRK.GRADE 5.PRE-PLATED.PANDROL.5.5",SQ H 10.00 EA 640 WELD. KIT. GENERIC FOR ALL RAIL WEIGHTS 4.00 KT 228 CONC 115 08-SEC WITH FILLER FOR WOOD 160.00 TF 22,916 STORE EXPENSES 883 ONLINE TRANSPORTATION 1,812 USE TAX 2.398 OFFLINE TRANSPORTATION 292 TOTAL MATERIAL COST 41,441 41.441 OTHER ********** ASPHALT FURNISHED IN PLACE (100 NT) 1.00 LS 11.000 ASPHALT RECYLE - CONTRACT 1.00 LS 300 EQUIPMENT RENTAL (EXCAVATOR W/BREAKER,LOADER) 1.00 L5 6.000 PAVEMENT CUTTING - CONTRACT 1.00 LS 500 TRAFFIC CONTROL 1.00 LS $00 TOTAL OTHER ITEMS COST 18.300 18.300 PROJECT SUBTOTAL 99,457 CONTINGENCIES 8,317 BILL PREPARATION FEE 539 GROSS PROJECT COST 108.313 LESS COST PAID BY BASF 0 TOTAL BILLABLE COST 108,313 •LXlalt� li CONTRACTOR'S RIGHT OF ENTRY AGREEMENT FOR CONSTRUCTION PROJECTS ON OR ADJACENT TO PROPERTY OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Gentlemen: The undersigned,hereinafter referred to as Contractor,has entered into a Contract dated 2002, with Renton,Washington(ncjtru)for the performance of certain work in cone p the prosect. The widening and the improvements to the Lake Washington Boulevard at-grade ion with in the performance of which work the Contractor will necessarily to crossing BURLINt3TON NORTHERN AND SANTA FE RAILWAY COMPANY(Railway"),right and THE ("Railway Property"). The Contract provides that no work shall be commenced within�hof Prrop arty unop�y Contractor employed in connection with said work for City executes and delivers to Railway n perry until the the ohm hereof,and shalt have provided insurance of the coverage and limits specified in said Contract and Section 2 of this Agreement.If this Agreement is executed by other than the Owner,General Pam,President or Vice President of Contractor,evidence is furnished to you herewith certifying that the signatory is empowerJ to execute this Agreement for the contractor. Accordingly,as one of the Inducements to and as part of the consideration for Railway granting permission to Contractor to enter upon Railway Property,Contractor,effective on the date of said Contras agree with Railway es follows: k has agreed and does hereby SECTION I. RELEASE OF LIABILITY AND INDEMNITY Contractor agrees to release Railway from any claims arising from the performance of this Agreement or any of its employees,subcontractors,agents or invitees could otherwise assert sculent which of the negligence of Railway,except to the extent that such claims are proximately caused by�against ntent Railway,regardless misconduct or gross negligence of Railway. Contractor shall indemnify and hold harmless Railway for all judgments,awards,claims,demands,and expenses attorney's fees),for Injury or death to all persons,including Railway's and Contactors officers and Nis and for loss and damage to property belonging to any employees, Contractor's subcontractors'acts or omissions or failure to person,arising in any manner Contractor's or any of ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE PACT,IF IT IS A FACT,THAT THE DESTRUCTION,DAMAGE,DEATH,OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY,ITS AGENTS,SERVANTS,EMPLOYEES OR OTHERWISE,EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF.RAILWAY, THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE ANY CLAIMS,SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT,WHENEVER SO CLAIMED. Nothing in this agreement Is intended to be construed as a requirement for the indemnification against the sole negligence of the Railway, Its officers, employees or agents for any work relative to the construction, alteration, repair, addition to,subtraction from,improvement to,or maintenance of,any building,highway,road,railroad,excavation,or other structure, project, development, or improvement attached to real estate, including moving and demolition In connection therewith,Performed in the State of Washington, Indemnification against liability for damages arising out of bodily injury to persons or damage to property for any work relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure development,or improvement attached to real estate,including moving and , premed in the State of Washington and caused � 9 derrwlition In connection therewith, performed Its agents or employees will be enforceable reonlyl to from extent ofuthenneg negligence nc off the Agency and its agents and and employees. agents d 1 RIGHT OF ENTRY STATE OP WASHINGTON SEPTEMBER 3, 1999 • The indemnification obligation shalt Include all claims brought by Contractor's employees against the Railway, 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. Contractor further agrees,at its expense,in the name and on behalf of Railway,that it shall adjust and settle all claims made against Railway,and shall,at Railway's discretion,appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable.Railway shall give notice to Contractor,in writing,of the receipt or dependency of such claims and thereupon Contractor shall proceed to adjust and handle to a conclusion such claims,and in the event of a suit brought against Railway,Railway may forward summons and complaint or other process in connection therewith to Contractor,and Contractor,at Railway's discretion, shall defend,adjust,or settle such suits and protect,indemnify,and save harmless Railway from and against all damages, judgments,decrees,attorney's fees,costs,and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement shall survive any termination of this Agreement. SECTION 2. INSURANCE. (a).Before commencing any work under this Agreement,Contractor must provide and maintain in effect throughout the term of this Agreement insurance,at Contractor$expense,covering all of the work and services to be performed hereunder by Contractor and each of its subcontractors,as described below: (1). Workeas'Compensation coverage as is required by State law. THE CERTIFICATE MUST CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMPANY'S SUBROGATION RIGHTS AGAINST THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY` (2).Commercial General Liability insurance covering liability,including but not limited to Public Liability, Personal Injury,Property Damage and Contractual Liability covering the obligations assumed by Contractor in Section 1, with coverage of at least$2,000,000 per occurrence and$4,000,000 in the aggregate.Where explosion,collapse,or underground hazards are involved,the X,C,and U exclusions must be removed from the policy. (3).Automobile Liability insurance,including bodily injury and property damage,with coverage of at least $1,000,000 combined single limit or the equivalent covering any and all vehicles owned or hired by the Contractor and used in performing any of the services under this agreement. (4). Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway Company is the Named Insured covering all of the liability assumed by the Contractor under the provisions of this Agreement with coverage of at least$2,000,000 per occurrence and$6,000,000 in the aggregate. Coverage shall be issued on a standard ISO form CG 00 35 01 96 and endorsed to include ISO form CG 28 31 10 93 and the Limited Seepage and Pollution Endorsement(see attached copy). (b).The average train traffic per 24-hour period on this route is 2 freight trains at a timetable speed of 10 mph,.2 passenger trains at.Q mph and 0 switching movements. (c).All insurance shall be placed with insurance companies licensed to do business in the States in which the work is to be performed,and with a current Best's Insurance Guide Rating of A-and Class VII,or better, (d).In all cases except Workers'Compensation and Railroad Protective Liability coverage the certificate must specifically state that I:BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY IS AN ADDITIONAL INSURED. (e)Any coverage afforded Railway,the Certificate Holder,as an Additional Insured shall apply as primary and not excess to any coverage issued in the name of Railway. 2 ti (f).Such insurance shall be approved by the Railway before any work is performed on Railway's Property and -shall be carried until all work required to be performed on or adjacent to Railway's Property under the terms of the contract is satisfactorily completed as determined by the city of Renton,Washington,and thereafter until all tools, equipment and materials not belonging to the Railway,have been removed from Railway's Property and Railway Property is left in a clean and presentable condition. The insurance herein required shall be obtained by the Contractor and Contractor shall furnish Railway with an original certificate of insurance,signed by the insurance company,or its authorized representative,evidencing the issuance of insurance coverage as prescribed in(a) 1,2 and 3 above,plus the original Railroad Protective Liability insurance policy to: Attention: Maintenance Field Support The Burlington Northern and Santa Fe Railway Company Maintenance Field Support 4501 Kansas Avenue Kansas City,Kansas 66106 (g).The certificate of insurance shall guarantee that the policies will not be amended,altered,modified or canceled insofar as the coverage contemplated hereunder is concerned,without at least thirty(30)days notice mailed by registered mail to Railway. (h).Full compensation for all premiums which the Contractor is required to pay on all the insurance described hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the Contract,and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under SECTION 1 will not in any way be limited to or affected by the amount of insurance obtained and carried by the Contractor in connection with said Contract. SECTION 3.CONTRACTOR REQUIREMENTS (a).While on or about Railway Property,Contractor shall fully comply with Railway's"Contractor Requirements",including(but not limited to)clearance requirements and personal protective equipment requirements. Contractor shall be responsible for fully informing itself as to Railway"Contractor Requirements". (b).Prior to entering Railway Property,each person providing labor,material,supervision,or services connected with the work to be performed on or about Railway Property shall attend a Safety Orientation session conducted or approved by Railway.Contractor shall contact Manger Public Projects,J.M.(MikelCowles,telephone(206)625-6146 fax(206)625-6115,at least thirty(30)calendar days in advance to arrange the necessary safety orientation session(s): (c).Prior to entering Railway property,the Contractor shall prepare and implement a safety action plan acceptable to Railway.Contractor shall audit it's compliance with that plan during the course of it's work.A copy of said plan and audit results shall be kept at the work site and shall be available for inspection by Railway at all reasonable times SECTION 4. PROTECTION OF RAILWAY FACILITIES AND RAILWAY FLAGGER SERVICES (a).The Contractor shall give a minimum of at least thirty(30)working days notice to Jimmy Pang the Railways Roadmaster at telephone(206)625-6462,in advance of when flagging services will be required to bulletin the naggers position and shall provide five(5)working days notice to the Roadmaster to abolish the position per union requirements. (b).Railway flagger and protective services and devices will be required and furnished when Contractor's work activities are located over or under of and within twenty-five(25)feet measured horizontally from center line of the nearest track and when cranes or similar equipment positioned outside of 25-foot horizontally from track center line that could foul the track in the event of tip over or other catastrophic occurrence,but not limited thereto for the following conditions: 3 (1).When in the opinion of the Railway's representative,it is necessary to safeguard Railway's Property, employees,trains,engines and facilities. - — (2).When any excavation is performed below the bottom of tie elevation,if,in the opinion of Railway's representative,track or other Railway facilities may be subject to movement or settlement. (3).When work in any way interferes with the safe operation of trains at timetable speeds. (4).When any hazard is presented to Railway track,communications,signal,electrical,or other facilities either due to persons,material,equipment or blasting in the vicinity. (5).Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. (a).Flagging services will be performed by qualified Railway naggers. The base cost per hour for(1) flagger is$50.00 which includes vacation allowance,paid holidays,Railway and Unemployment Insurance,Public Liability and Property Damage Insurance,health and welfare benefits,transportation,meals,lodging and supervision,for an eight(8)hour basic day with time and one-half or double time for overtime,rest days and holidays. These rates are subject to any increases which may result from Railway Employees-Railway Management negotiations or which may be authorized by Federal authorities.State/Contractor will be billed on actual costs in effect at time work is performed. (1).A flagging crew generally consists of one employee. However,additional personnel may be required to protect Railway Property and operations,if deemed necessary by the Railway's representative. (2). Each time a flagger is called,the minimum period for billing shall be the eight(8)hour basic day. (3). The cost of flagger services provided by the Railway,when deemed necessary by the Railway's representative,will be borne by the State/Contractor. (4).The average train traffic per 24-hour period on this route is 2 freight movements at a timetable speed of �Q MPH,j.passenger trains at a timetable speed of jQ MPH and Qswitching movements. SECTION 5.TRAIN DELAYS No work performed by Contractor shall cause any interference with the constant,continuous and uninterrupted use of the tracks,property and facilities of the Railway,it's lessees,licensees or others,unless specifically permitted under this agreement,or specifically authorized in advance by the Railway Representative.Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof.When not in use,Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railway's nearest track,and there shall be no vehicular crossings of Railway's track except at existing open public crossings. Contractor shall be responsible to Railway,including its affiliated railway companies,and its tenants for damages for any unscheduled delay to freight or passenger trains that are caused by the Contractor as follows: (a).Train Delay Damages,Passenger Trains (1).Contractor will be billed and Contractor shall pay Railway within 30 days,as provided below,for the actual economic losses arising from loss of contractual incentive pay and bonuses,and contractual penalties resulting from passenger train delays,whether caused by Contractor, or subcontractors,or by the Railway performing Railway Work associated with this project. Railway agrees that it will not perform any act to unnecessarily cause passenger train delay. (2).Passenger trains operate under incentive/penalty contract with the Railway. Under these arrangements,if Railway does not meet its contract service commitment,Railway may suffer loss of performance or incentive pay or be subject to a penalty payment Contractor shall be responsible for any passenger train performance and incentive penalties 4 or other contractual economic losses actually incurred by Railway which are attributable to a passenger train delay caused by Contractor,or subcontractors. (3).As example,a passenger train arrives 30 minutes after its contract service commitments with the Railway and Railway is assessed damages per terms of the contract.Contractor,and/or it's subcontractors,caused a 29 minute delay to the passenger train and therefore the Contractor is not responsible for passenger train performance incentives, penalties or other contractual economic losses actually incurred by Railway. (4).As example,a passenger train arrives 30 minutes after its contract service commitment and Railway is assessed damages per terms of the contract.Contractor,and/or it's subcontractors,caused a 31 minute delay to the passenger train and therefore the Contractor is 100%responsible for any passenger train performance incentive,penalties or other contractual economic losses actually incurred by Railway. (5).The contractual relationship between Railway and its passenger customers is proprietary and confidential. In the event of a passenger train delay covered by this Agreement,Railway will share information relevant to any passenger train delay to the maximum extent consistent with Railway confidentiality obligations. Damage for passenger train delays for certain passenger trains could be as high as$50,000.00 per passenger train. (b).Train Delays Damages,Freight Trains (1).Contractor will be billed and Contractor shall pay Railway within 30 days,as provided herein,for the damages for freight train delays,whether caused by the City,its contractors or subcontractors,or by the Railway working for the City.The Contractor will be billed at a rate of $304.28(for 1998)per freight train hour for each freight train delayed as determined from Railway's records.Each delay may cause delays to more than one freight train at the same time.These rates will be updated annually and Contractor will be billed at rate per hour in effect at the time the delay occurred. Kindly acknowledge receipt of this letter by signing and returning to the undersigned two original copies of this letter,which,upon execution by Railway,shall constitute an Agreement between us. Yours truly, CITY OF RENTON (Con tor) The Burlington Northern and Santa Fe Railway Company By By esse anner Manager Public Projects Mayor (Title) Accepted this day of 1055 S. Grady Way 2001 Address Renton WA 98055 City, State, Zip. ATTEST: J wa/_ Bonnie I. Walton, City Clerk 5 LIMITED SEEPAGE,POLLUTION AND CONTAMINATION COVERAGE ENDORSEMENT WORDING In consideration of the premium charged it is understood and agreed that Exclusion f. of Coverage A. of this Policy shall not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by: a) unintended fire,lightning or explosion: or b) a collision or overturning of a road vehicle: or c) a collision or overturning or derailment of a train. Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to: 1. loss.of,damage to or loss of use of property directly or indirectly resulting from sub-surface operations of the Insured, and/or removal of,loss of or damage to sub-surface oil, gas or any other substance; 2. any site or location used in whole or in part for the handling,processing, treatment,storage,disposal or dumping of any waste materials or substances; 3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances; 4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured. Notwithstanding the foregoing,Item 1 does not apply to tunnels. 6 EXHIBIT C ROADWAY AND OTHER IMPROVEMENT PLANS 4ki1kx 4 ` 4448 F. 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