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HomeMy WebLinkAboutContract 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 L�l 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 Subdivision 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 Railways right-of- way and mainline at railroad survey station 745+56.5,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 parties 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 ARTICLE I AGREEMENT: NOW THEREFORE, in consideration of the covenants of the Agency hereinafter contained, and faithful performance thereof, Railway agrees: 1. To furnish all 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 "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 "S", 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 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 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),if 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. 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. 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. 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 *awe 1% (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 parkings 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 Railway's track and other facilities. 6. To require its contractor(s)to notify Railway'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 Public 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 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 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 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 exist. (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 11, Sections 6, 7, 8, 9, 10, (a)and 11 (b), and in Article III, Sections 3, 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 Railways 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 Railways 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 Railways 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: (1) safety glasses; permanently affixed side shields; no yellow lenses; (ii) hard hats with high visibility orange cover, (iii) safety shoes with hardened toe,above the ankle 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 Railway'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 its Contractor will meet with Railway for the purpose of making 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 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 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 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 'taw �.r+ 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 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 Railway's file name Renton,WA. -Widen and Improve 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 Railways 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 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. 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 NORTHERN AND SANTA F ILWAYANY By WITNESS: Ma ger Public Projects CITY OF R N,WASHINGTON B �. the Jesse Tanner, Mayor ATTEST: �r7�,yl.CG Bonnie I. Walton, City Clerk 6 .GE 5E, W.M. *Nov 3LVD. IMPROVEMENTS /RE TON T DEVELOPMENT SITE Cam VICINITY MAP I i ' i pRAYYING INDEX: NOT TO SCALE r • COVER SHEET (CIVIL)............................................................................SHT Cl ' 1 PLAN do PROFILE STA 9+96 TO STA 14+60......................................SHT C2 t t O`� r• u 1; PLAN & PROFILE STA 14+60 TO STA 20+00....................................SHT C3 r PLAN do PROFILE STA 20+00 TO STA 23+00....................................SHT C4 PLAN do PROFILE COULON PARK ENTRANCE.................................. SHT C5 fill ROAD GEOMETRY STA 9+96 TO STA 14+60.......................................SHT C6 ! ROAD GEOMETRY STA 14+60 TO STA 20+00...................... r ...............SHT C7 ROAD GEOMETRY STA 20+00 TO STA 23+00....................................SHT C8 ROAD GEOMETRY STA COULON PARK ENTRANCE...................... .....SHT C9 i C3 EROSION CONTROL STA 9+96 TO STA 14+60....................................SHT Cl( I' EROSION CONTROL STA 14+60 TO STA 20+00..................................SHT C11 EROSION CONTROL STA 20+00 TO STA 23+00.................................SHT C1i 1 � \ � EROSION CONTROL COULON PARK ENTRANCE..................................:.SHT Cl / \ :.lx� UTILITY COORDINATION PLAN ............................................................SHT C1 e UTILITY COORDINATION PLAN ..............................................................SHT Cl DRIVEWAY ACCESS EASEMENT........................... .........................SHT C1t �.C .r ROAD SECTIONS....................................................................................SHT Cl i DETAILS.................................................................................................SHT C1 E a DETAILS.................................................................................................SHT Cl E C2 � -SHT'C2t .. � .. DETAILS.............::.:.»..................................................:..................:....... 1 1 NOTES k SPECIFICATIONS..................................................................SHT C21 LAKE WASH BLVD/PARK AVE N CHANNELIZATION PLAN................. SHT CH LAKE WASH BLVD STA 13+25 TO 16+65 CHANNELIZATION PLAN.....SHT CH: r �!\ LAKE WASH BLVD/SITE ACCESS CHANNELIZATION PLAN....................SHT CH- -A\' LAKE WASH BLVD/PARK AVE N TRAFFIC SIGNAL PLAN.....................SHT TS1 1 LAKE WASH BLVD STA 13+00 TO 16+00 TRAFFIC SIGNAL PLAN......SHT TS, / LAKE WASH BLVD/SITE ACCESS TRAFFIC SIGNAL PLAN.....................SHT TS, LAKE WASH BLVD/SITE ACCESS SIGNAL WIRING DIAGRAM.................SHT TS4 LAKE WASH BLVD/SITE ACCESS SIGNAL STANDARD DETAILS............SHT TSf _ Ste' r ` I CHECKED FOR COMPLIAN' 99323.02 TO CITY STANDARDS Dab— BUSH. ROED & HITCHINGS, INC. oat— CM ENGNEM k LAND SURVEYORS Oat— E 5E, W.M. /RE T0 SITE ak VICINITY MAP NOT TO SCALE stOP Y+' As DEVELOPER: SECO DEVELOPMENT, INC IOELLEM NE 81H STREET. WA 98004 STE 200 W } PHONE T (42) 688-3085 TRANSPORTATION ENGINEER• THE TRANSPO GROUP. INC Z ik` 11730 1181H AVENUE NE. STE. 600 c'; KIRKLAND. WA 98034 A CONTACT. CHRIS SICKET, PE m PHONE (425) 821-3665 • ''/h '.- I m / -, +�4y� NOTES- R.R. ` I 0 LAnON/DEESIIGGNTO BE COORD. WITH { BNSF * THE TRANSPO GROUP. INC.) `•:r, ,, tom, Q2 0ONCRETEL R.R. TRACK CROSSING APRON ..,; Z ^\ (DESIGN COORD. MATH BNSF) EXIST. ACCESS ESMT. THRU B.N.S.F. R.O.W. 18 00 oi \ = AREA = 10.731 SF • J or, ® PROPOSED ACCESS ESMT. THRU B.N.S.F. RA.W. m o AREA = 10,731 SF `{(/' •o• �r t�a = r4- I LEA PROPERTY LINE +1'+^ .: aA f` ��/ • EX EASEMENT LINE — — 1Y• i NEW EASEMENT LINE 1 1 \ 4 lJ Twtj ■V/i a 17 JJ/�� / I L��T 1 !�1 , /'�►� VV 11 11 1 II B.N.S.F. R.O.W. 4:!` F B.N.S.F. R.O.W / I k 1 aDf� s HITy{i �PO�? �sEai qoo CHECKED FOR COMPLIANCE a 99323.02 TO CITY STANDARDS BUSH, ROED do HITCHINGS, INC. DDate— Ori1L EW*IEFRS t LAW.WAVrtM Date_ pt7�1-I�NOR AK GET ( 3ZS--"M BFWI -YAp.;IV 2M 327-71 E 1 -------------------------------------------- ....------------..............---- �aaa« MAINTAIN PROPRIETARY CONFIOENTIALI* aaaaa 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 --------------------------------------------- -------- ----- ------ ----------- ----------- ttt«ttt««t LABOR PLACE FIELD WELDS 34.88 MH 685 REMOVE CROSS TIES 52.32 MH 939 REMOVE PUBLIC CROSSING 52.32 MH 939 REMOVE RAIL/OTM 52.32 MH 939 REPLACE CROSS TIES 167.86 MH 3,010 REPLACE PUBLIC CROSSING 167.86 MH -3,010 REPLACE RAIL/OTM 167.86 MH 3.010 SURFACE TRACK 52.32 MH 939 UNLOAD BALLAST 20.71 MH 372 UNLOAD CROSSING MATERIAL - PUBLIC 6.54 MH 120 WORK TRAIN - BALLAST 7.50 MH 209 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 «««««ttttt BALLAST. FROM DELTA YARD 160.00 NT 1,119 WORK TRAIN FUEL - BALLAST 180.00 GAL 139 RAIL. 115 LB NEW WELDED PREMIUM 200.00 LF 2,126 SPIKE. TIMBER SCREW, 5/8X12 IN. F/ROAD XING 240.00 EA 238 TIE, TRK,10'.PRE-PLATED.PANDROL.S 1/2-.ROUND 120.00 EA 8,650 TIE. TRK,GRADE S.PRE-PLATED,PANOROL.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 «ta«taaaaa OTHER aaaaaaaaaa 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 LS 6.000 PAVEMENT CUTTING - CONTRACT 1.00 LS 500 TRAFFIC CONTROL 1.00 LS 500 ----------- ----------- 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 BNSF 0 TOTAL BILLABLE COST 108,313 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT FOR CONSTRUCTION PROJECTS ON OR ADJACENT TO PROPERTY OF THE BURLINGTON NORTHERN AND SANTA PE 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 Lake Was Boulevard at-grade crossing in the performance of which work the Contractor will necessarily be required to conduct operations THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY("Railway"),right of way and property ("Railway Property"). The Contract provides that no work shall be commenced within Railway pr op erty unti l 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 Partner,President or Vice President of for the Contractor, Contractor,evidence is furnished to you herewith certifying that the signatory is empowered to execute this Agreement 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 L 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 cmployees,subcontractors,agents or invitees could otherwise assert of the negligence of Railway,except to the extent that such claims are proximately caused bythe in n clonal mi�nd s or gross negligencc 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 Contractors 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, OTHERWISE,EXCEPT TO ElypYEES Olt LO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED S 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, 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 Raifway 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. 1 RIGHT OF ENTRY STATE OF WASHINGTON SEPTEMBER 3, 1999 The indemnification obligation shall 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 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 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 freight trains at a timetable speed of 10 mph, 2 passenger trains at 10 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 THE 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 (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.(Mike)Cowles,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 flaggers 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 flaggers. 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 10 MPH,-!passenger trains at a timetable speed of 10 MPH and 0 switching 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 ctor) The Burlington Northern and Santa Fe Railway Company By B esse Tanner y Manager Public Projects Mayor (Title) Accepted this day of 1055 S. Grady Way 2001 Address Renton WA 98055 City, State, Zip. ATTEST: 4 0dzf&___) 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 s 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 CORRESPONDENCE SECTION V F, From: Mark Barber Sent: Friday, February 21, 2014 3:18 PM To: Bonnie Walton; James P Wilhoit Cc: Gregg A. Zimmerman; Doug Jacobson; Bob M Hanson Subject: Southport Development Agreement Importance: High Hello Bonnie and James, In response to Bonnie's question,the Agreement between the City of Renton and the Hotel at Southport, LLC and Southport, LLC, does not require a Council Resolution. I have conferred with Gregg on my understanding of the facts in support of my legal opinion and you may find this information helpful. This Agreement is to clarify a contract previously entered into between the City and Southport, LLC(CAG-01-172). The 2001 Agreement(CAG-01-172) related to traffic improvements and who was to pay for same and traffic mitigation credits. This original agreement was signed my Mayor Tanner. The proposed improvements under this contract were never accomplished and the project languished for over a decade. Following this original agreement,the City entered into two Construction and Maintenance Agreements with BNSF (CAG-02-135 and CAG-02-136)for roadway and other improvements. The City intended these improvements would be built solely by Southport, LLC with private funds since Southport would be the primary beneficiary. The plans for these roadway and other improvements are attached to the new Agreement as Exhibit C. These plans have been approved by the City. The new Agreement provides that the performance of the C&M Agreements with BNSF are to be performed by Southport on behalf of Renton. Since this new Agreement is to clarify existing contracts that the City has previously entered into, no further Council action is necessary. Mark Barber Senior Assistant City Attorney Renton City Attorney 1055 S Grady Way Renton,WA 98057-3232 . Direct Line: 425-430-6485 Fax: 425-430-6498 E-mail: mbarber(carentonwa.gov r1 _ WARNING: This electronic message is an attorney-client communication. The information in this electronic document is privileged and/or confidential and is only for the use of the intended recipient. Recipients are instructed not to forward,copy or distribute this electronic communication and its attachments without the prior written approval or consent of the sender. If the reader of this e-mail is not an intended recipient,you are hereby notified that any forwarding, , dissemination,distribution,printing or copying of this electronic communication and the information in this electronic communication is expressly and strictly prohibited. If you receive this electronic communication in error,please immediately notify the sender and permanently delete this communication from your system,network and/or computer. Be advised the City of Renton is required to comply with the Public Records Act as set forth in RCW Chapter 42.56.This Act establishes a strong state mandate in favor of disclosure of public records. As such,the information you submit to the City of Renton by e-mail,including personal information,may ultimately be subject to disclosure as a public record upon request. 1 CITY OF RENTON CITY CLERK DIVISION MEMORANDUM DATE: April 16, 2003 TO: Connie Brundage FROM: Suzann Lombard x6521 SUBJECT: Burlington Northern/Santa Fe Southport Blvd. —CAG-02-135 Lake Washington Blvd.—CAG-02-136 This is your call-up for today. Please advise me of the status since the attached memo of 2/20/03. Thank you. Attachments: (1) Iwo* ,,W CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 6 2 7 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE TEMPORARY CLOSURE OF LAKE WASHINGTON BLVD. AT SOUTHPORT BLVD., AND OF SOUTHPORT BLVD., FOR A PERIOD OF THREE DAYS (CONSECUTIVE OR NON- CONSECUTIVE) BETWEEN MAY 1 AND MAY 29, 2003, FOR BURLINGTON NORTHERN SANTA FE TO MAKE IMPROVEMENTS TO RAILROAD GRADE CROSSINGS AT BOTH LOCATIONS. WHEREAS, Burlington Northern Santa Fe Railroad Company (BNSF) has entered into agreements with the City of Renton to replace deteriorated railroad grade crossings at two locations in the City;and WHEREAS,to facilitate this construction and allow for a safe condition for both vehicles and pedestrians it is necessary to do this work under temporary street closures; and WHEREAS, BNSF has requested a two-day full road closure of the Lake Washington Blvd. crossing, and a one-day full road closure of the Southport Blvd. crossing (south entrance to Southport (SECO) Development and Gene Coulon Park);and WHEREAS, these temporary full road closures will take place between May 1 and May 29, 2003; and WHEREAS,these temporary street closures will not occur concurrently; and WHEREAS,there will be no Monday, Friday or weekend street closures allowed; and WHEREAS, pursuant to City Code section 9-9-3 the City Council is to authorize such closures by means of a Resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: 1 too, RESOLUTION NO. 3627 SECTION I. The above findings are true and correct in all respects. SECTION II. The City Council does hereby authorize the temporary closure of Lake Washington Blvd. at Southport Blvd., and of Southport Blvd., for a period of three days (consecutive or non-consecutive) between May 1 and May 29, 2003, to be extended upon weather contingencies, for the BNSF project upgrading City railroad crossings. PASSED BY THE CITY COUNCIL this 7th day of April , 2003. &4u.cev oagr� Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 7th day o f April , 2003. sse Tanner, Mayor Approved as to form: �r Lawrence J. W en, City Attorney RES.971:3/19/03:ma 2 April 7,2003 1W101 Renton City Council Minutes %W Page 127 MOVED BY PERSSON,SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Parker presented a report recommending approval of Finance: Vouchers Claim Vouchers 213714-214208 and two wire transfers totaling$2,063,530.77; and approval of Payroll Vouchers 43498-43733,one wire transfer and 569 direct deposits totaling$1,708,408.59. MOVED BY PARKER, SECONDED BY PERSSON,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning&Development Planning and Development Committee Chair Briere presented a report with Committee proposed changes to the maximum residential fence height regulations Development Regulations: established in Title IV. Fence Height Regulations Currently,City code limits residential fences to a maximum of four feet when they are located adjacent to a public street. The Planning and Development Committee met in April to discuss possible changes to the fence height regulations. The Committee recommended that a public hearing be conducted, which occurred on May 6, 2002. Committee members subsequently toured several residential neighborhoods in November and directed staff to address setback, landscaping and fencing material requirements. On January 10, 2003,the City Attorney's Office advised City Staff and the City Council that the proposed fence regulations were too"policy"oriented. In response to the City Attorney's comments, staff revised the proposed fence regulations to include more regulatory language. The revised fence standards would allow residents to apply for a Special Administrative Fence Permit in order to construct 6-foot high fences when located within a front yard or side yard along a street setback. The permits would be issued on a case-by-case basis provided the applicant demonstrates the fence is constructed with appropriate fencing material;the fence is sufficiently screened; and,the finished side of the fence is oriented toward the streetscape. MOVED BY BRIERE, SECONDED BY KEOLKER-WHEELER,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution#3627 A resolution was read authorizing the temporary closure of Lake Washington Streets: Lake WA Blvd& Blvd. at Southport Blvd., and of Southport Blvd. for a period of three days Southport Blvd Closures for (consecutive or non-consecutive)between May 1 and May 29,2003,for RR Crossing Upgrades Burlington Northern Santa Fe to make improvements to railroad grade r l 0 2 ( crossings at both locations. MOVED BY KEOLKER-WHEELER, y Y SECONDED BY BRIERE,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. NEW BUSINESS Councilman Clawson referred to a newspaper article regarding the strain on Council: Smallpox local health departments administered by King County and the financial burden Vaccinations Funding Letter for smallpox vaccinations,and recommended Council draft a letter to elected Federal officials to support relief for city and county compliance. MOVED BY CLAWSON,SECONDED BY PERSSON,COUNCIL DRAFT LETTERS TO ELECTED OFFICIALS TO SUPPORT FUNDING FOR CITIES AND COUNTIES FOR SMALLPDX VACCINATIONS. CARRIED. April 7,2003 V"01 Renton City Council Minutes Page 124 Budget: 2002 Carry Forward Finance and Information Services Department requested approval of the 2002 Ordinance carry forward ordinance in the amount of$19,886,600,increasing the 2003 Budget for various funds for the purpose of meeting 2002 obligations in 2003; increasing various funds to meet the requirements of salary and benefit labor agreements; and decreasing the 2003 general fund appropriation accordingly. Refer to Finance Committee. Development Services: Renton Hearing Examiner recommended approval, with conditions, of the Site Plan for Aquatic Center Site Plan, SA- the Renton Aquatic Center to be located at 1715 Maple Valley Hwy. (SA-02- 02-147 147). Council concur. Human Services: Housing Human Services Division recommended concurrence with the Human Services Repair Assistance Program Advisory Committee recommendation for adoption of revised policies for the Policies City's Housing Repair Assistance Program. Refer to Community Services Committee. Vacation: Alley between Technical Services Division recommended approval of the vacation petition by Whitworth&Morris Aves S, St. Anthony's Parish for the alley running north and south between Whitworth and S 3rd&S 4th Sts, St. and Morris Avenues S. and S. 3rd and S.4th Streets subject to the following Anthony's Parish,VAC-03- conditions: 1)the Petitioner shall provide satisfactory proof that outside 001 utilities have been received and are satisfied with any easements, which are necessary to protect their facilities in the requested vacation area; 2)a utility easement of the City shall be retained over the entire alley being vacated;and 3)this vacation shall be subject to the terms and conditions set forth in the St. Anthony's Parish Development Agreement. Council concur. Streets: Lake WA Blvd& Transportation Systems Division recommended a three-day temporary road Southport Blvd Closures for closure between May 1 and May 29,2003,of Lake Washington Blvd. at RR Crossing Upgrades Southport Blvd.,and Southport Blvd. for railroad crossing upgrades by QAy_01-k�� Burlington Northern Santa Fe. Council concur. (See pg. 127 for resolution.) Transportation:DWI Transportation Systems Division recommended approval of a request by Peggy Memorial Sign Installation on Wipf, 30655 Kanasket-Kangley Rd.,Ravensdale, 98051, to place a DWI Rainier Ave S (Jason Wipf) memorial sign in memory of her deceased son,Jason J. Wipf, on Rainier Ave. S., south of S.4th Pl. Ms. Wipf will pay for the sign and installation. Council concur. Utility: Sunset Interceptor Utility Systems Division recommended approval of a contract with HDR Phase 11 Pre-design,HDR Engineering in the amount of$194,600 for the initial pre-design work for the Engineering Sunset Interceptor Phase II project. Council concur. CAG: 02-010,Maplewood Utility Systems Division recommended approval of Addendum#2 in the Water Treatment amount of$99,914 to CAG-02-210,contract with Economic and Engineering Improvements Design, Services,Inc. to include design modifications and additional geo-technical Economic and Engineering investigation work for the Maplewood Water Treatment Improvements. Services Council concur. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was reported from individuals expressing interest in having an Citizen Comment: Various— off-leash dog park in Renton including: Nona Peterson,225 Vashon Ave. SE, Off-Leash Dog Park Renton,98059;Jennifer Garl, 2601 NE 9th St.,Renton, 98056;Terry Angevine, 514 Burnett Ave.N., Renton,98055;Nathan Thornton, 629 Cedar Ave S.,#203,Renton,98055;Roneida&Timothy Griffith, 550 Pierce Ave. SE, Renton, 98058; Jan Hickling, 527 Renton Ave. S.,Renton, 98055; Bob& Nancy Prater,412 Pelly Ave. N.,Renton,98055; Julie Hiatt, 1726 Pierce Ave. April 7,2003 14W Renton City Council Minutes Page 125 SE,Renton,98158; Vicki Dodge, 18622 SE Lake Youngs Rd,Renton, 98058, Chris Fleck,6123 S. 242nd Pl.,#12-205,Kent, 98032;Darren&Davida St. Yves, 16624 133`d Pl. SE,Renton, 98058; Jennifer Haines,Boulevard Lanes, SE 192nd St. & 140th Ave. SE,Renton;Dollie Meyers, 18919 140th Ave. SE, Renton, 98058; Sunny Kathlean,Fairwood area,Renton;Vicki Murphy,no address given;Elynn Clayton,21429 113th Pl. SE,Kent; Dr. Timothy White, 12940 SE 185th St.,Renton,98058; and Shari Blevins, Seattle resident. Councilman Clawson explained that several citizens approached him about an off-lease dog park within the City at a recent Highlands Community Association meeting where the"KDOGS"from Kent were present. He stated that the citizens brought the issue to Council at his suggestion. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL REFER THESE ITEMS OF CORRESPONDENCE TO COMMITTEE OF THE WHOLE. CARRIED. OLD BUSINESS Council President Keolker-Wheeler presented a report regarding the tracking of Committee of the Whole restrictive covenants required through the permit process. Until a few years Development Services: ago,covenants restricting the development of property were difficult to track. Tracking Restrictive Staff generally did not know if any restrictive covenants affected a property Covenants unless a title report was provided. Title reports are expensive for applicants and are only required for certain types of land use applications. At the end of 1999, staff completed a project cataloging and mapping all of the restrictive covenants required by the City. Staff can now research the covenants by consulting a map to identify affected properties. A corresponding database provides the recording number of the restrictive covenant,a legal description of the subject property, and a summary of the requirement of the covenants. In addition,the Permits Plus permit tracking system is utilized to document conditions of permit approval, including covenants. These conditions can be researched by project name, address or parcel identification number. Another tool developed by staff to track project conditions is a matrix summarizing the required conditions. Copies of this matrix are distributed to the contractors and inspectors at pre-construction meetings. The Committee recommended no further action be taken at this time. MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation: DWI Council President Keolker-Wheeler stated that in the process of reviewing Memorial Signs agenda items 6.1. it was noted that there currently is no policy in place regarding DWI(driving while intoxicated)memorial sign placement, and recommended that Council consider development of such a policy. MOVED BY KEOLKER-WHEELER, SECONDED BY PERSSON, COUNCIL REFER THE MATTER OF DWI MEMORIAL SIGN POLICY DEVELOPMENT TO THE TRANSPORTATION(AVIATION) COMMITTEE. CARRIED Community Services: Council President Keolker-Wheeler advised that the Committee of the Whole Pavilion Building Renovation, meeting would continue at the conclusion of the Council meeting for further Edifice Const. Co., CAG-03- discussion concerning funding for the Pavilion Building. At the conclusion of 005 the Committee of the Whole meeting, Council would reconvene. VOW �.r►► CITY OF RENTON COUNCIL AGENDA BILL Al#: , Submitting Data: Planning/Building/Public Works For Agenda of- Dept/Div/Board.. Transportation Systems April 7,2003 Staff Contact...... James P. Wilhoit, x 7319 Agenda Status: Consent.............. X Subject: Public Hearing...... Temporary Full Road Closures for Railroad Crossing Correspondence..... Upgrades Ordinance........... Resolution........... X Old Business........ Exhibits: New Business....... Issue Paper Study Sessions...... Resolution Information......... Vicinity Map Other................ Transportation Committee Report of July 15,2002 Interlocal Recommended Action: Approvals: Legal Dept.......... X Council Concur Finance Dept....... X Other............. Fiscal Impact: Expenditure Required..... $337,610 Transfer/Amendment....... Amount Budgeted......... $337,610 Revenue Generated......... $337,610 Summary of Action: Burlington Northern Santa Fe (BNSF) has been authorized to replace two existing railroad crossings in Renton with new rails and concrete panels, in conjunction with installation of traffic and railroad grade crossing signals. The railroad crossings are at Southport Blvd. (south access to Coulon Park) and Lake Washington Blvd. To minimize disruption to park activities the two closures will be restricted to Tuesday through Thursday only. Each crossing will serve as a detour while the closure is in effect on the other. Therefore, both roads will not be closed at the same time. The railroad will need temporary full road closures to complete this work that will take place on three days between May 1 and May 29, 2003. The City's Traffic Operations group has prepared a traffic control plan with required signage, and two week's public notice will be provided. Staff Recommendations: The Transportation Division staff recommends that Council concur with the three (3) total days of closures for replacement of existing railroad grade crossings by BNSF and adopt the resolution authorizing the temporary closures. H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda_2003\Southport RR Crossing Closure.DOCSouthport RR Crossing Closure 'fir/ vnr/ CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 24, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the City of Renton Council VIA: (Jesse Tanner,Mayor u /�' FROM: Gregg ZimmermalY,Administrator STAFF CONTACT: James P. Wilhoit,x7319 SUBJECT: Temporary Full Road Closures for Railroad Crossing Upgrades ISSUE: Burlington Northern Santa Fe (BNSF) Railroad will be improving the two existing railroad grade crossings near the south access to Coulon Park. A road closure resolution will be needed for three total days in order to complete the work. RECOMMENDATION: Council authorize three (3) days of temporary full road closures for railroad grade crossing work at Southport Blvd. (south access to Coulon Park) and Lake Washington Blvd. to take place during the period from May 1 to May 29,2003. BACKGROUND: The City of Renton has entered into agreements with The Burlington Northern Santa Fe Railway Company (BNSF) for BNSF to make improvements to railroad grade crossings at two locations in the vicinity of the south access to Coulon Park. The railroad anticipates that the more difficult crossing on Lake Washington Blvd. can be completed in one day, but requests a two-day full road closure for this crossing project in case it is needed. One day is sufficient for the Southport Blvd. crossing. The total of three (3) days of closures requested are summarized as follows: 1-Day Southport Blvd. (south access to Coulon Park), CAG 02-135 2 Days Lake Washington Blvd., CAG 02-136 H:\Division.s\TRANSPOR.TAT\ADMDMgenda-2003\RRsprtISSue.DOC genda_2003\RRspRISSue.DOC March 24,2003 Page 2 Specific dates for these closures are not known at this time, but, based on consultation with the Parks Division, they will be restricted to Tuesday through Thursday, with no Monday, Friday or weekend closure allowed to minimize disruption to park activities. Each crossing will serve as a detour while the closure is in effect on the other therefore, the closure of both roads will not be allowed at the same time. Transportation will provide traffic control, coordinate with BNSF to get ample notification, and will forward specific dates as soon as they are established. Public notification through the Renton Reporter, South County Journal and the City Source will be part of the process. Additionally, informational flyers will be mailed to area residents and businesses, as was done prior to similar railroad crossing work in September 2002. All notification will be done two weeks prior to construction. FUNDING: Approximately $180,000 is authorized through TIP#35 with the remaining funding being contributed by the developer. r CITY OF RENTON, WASHINGTON RESOLUTION NO. - A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE TEMPORARY CLOSURE OF LAKE WASHINGTON BLVD. AT SOUTHPORT BLVD.,AND OF SOUTHPORT BLVD., FOR A PERIOD OF THREE DAYS (CONSECUTIVE OR NON- CONSECUTIVE) BETWEEN MAY 1 AND MAY 29, 2003, FOR BURLINGTON NORTHERN SANTA FE TO MAKE IMPROVEMENTS TO RAILROAD GRADE CROSSINGS AT BOTH LOCATIONS. WHEREAS, Burlington Northern Santa Fe Railroad Company (BNSF) has entered into agreements with the City of Renton to replace deteriorated railroad grade crossings at six locations in the City;and WHEREAS,to facilitate this construction and allow for a safe condition for both vehicles and pedestrians it is necessary to do this work under temporary street closures; and WHEREAS, BNSF has requested a two-day full road closure of the Lake Washington Blvd. crossing, and a one-day full road closure of the Southport Blvd. crossing (south entrance to Southport(SECO)Development and Gene Coulon Park);and WHEREAS, these temporary full road closures will take place between May 1 and May 29, 2003;.and WHEREAS,these temporary street closures will not occur concurrently;and WHEREAS,there will be no Monday, Friday or weekend street closures allowed;and WHEREAS, pursuant to City Code section 9-9-3 the City Council is to authorize such closures by means of a Resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: 1 '• • 1 WN COULON ESTATES Ilk A 7. OA 1 . 4„2" 1'CIA" x . 32" r �� 3.5" 3 5" 4 PINNACLE APARTMENT',, ` ~•4:' GENE COULON PARK - ' WORK AREA may" WO-5391 <Q�. :• LEGEND: 1 COULON ESTATES cell 0 ENTRANCE (•� l y 1 TYPE:il-E i All T ©'; 1 ©®OINNACLE APARTMENT �'► � t DETOUR Rd�fE'4,`. GENE COULON ENTRANCE PARK 'i WORK AREA y 41 . r ,; WO-5394 ' ,�. M ♦��s 0 '�* '.° 1 A 03/06/03 WASHINGTON LAKE • •N PARK SOUTH ENTRANCE CLOSURE • ROUTE 1 • : • ' UZI Eel Z4 9 ® N0. ARROW �' I JV LEGEND: R+1.2 - 30 1 a TYPE III-B 0 M4•Ba ~~ i M1a+R TYPE III-A 1 1 4o, GENE COULON PARK 41 -� "DETOUR ROUTE _.... t WORK AREA , \ 04. • O RwE 28-1 CH`ClA. ONE VN fJ 0 WO-539 A "� •, r��`'..f y `• � • 1 1. 1 �r QTV►l✓��rvitl6✓i� TRANSPORTATION/AVIATION COMMITTEE Date._71�S 2,0OZ COMMITTEE REPORT July 15,2002 Project: Southport Boulevard Railroad Crossing Improvements and Lake Washington Boulevard Railroad Crossing Improvements (July 08,2002) The City of Renton has negotiated with Burlington Northern Santa Fe (BNSF) two separate agreements to replace and improve the railroad crossings over Southport Boulevard and over Lake Washington Boulevard. This work is required to accommodate the new Southport development and will include installation of shoulder mounted cantilevers, signal, and gates on Southport Boulevard. The developer, Southport LLC, will Wid.or-tfivaor which is expected to cost $337,610.00. $209,937.24 has already been de vain /the .City enton, and any remaining funds required will be deposited at a lafer date The Transportation Committee recommends that Council `ut o ; e'e Mayor and City Clerk to enter into the agreements between the City of Renton and BIon Northern Santa Fe Railroad. 4 �� f. Don Persson, CHlir Randy Corman, Vice-Chair K y Keolker-Wheeler,Member cc: Connie Brundage Leslie Lahndt James Wilhoit Jan Illian H:Trans/admin/commitreport/2002/Southport RR agreements 0 0 c d N N 7 C (0 C O � C d 7 Q„' � L L t: 4' y Z C E O N V W O V C N O N 0 c C CD •O. 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(O (O (O O y O 0 E ` p M ('7 C7 M O Y C C O y O m O v O. m 0 a > ) m w O N m N h vi w N L d d o O O O P'O t O O n � E ao O V!O N (O O(O cv L E 0-0 m E N r` co a0 N O ti O 0 y u) O L O O•O W w OI a E (D ° w NOS �c,c cs Orn 0a Co c.S v,0 c.E v opt a 0 m h c)i.E 1,1 S m E o m E m W 0 C c -0 ° v m w uLLj v •N a•- p °002' >,3 t- � m r-< a y v z d z m fA w W E E u) O C m VU)LL C m y O � Ov0 aviF- OQoUw F- ch� m w ° mv O C 00 C ~ 0 j O C C N V W C E C O E O N N EL'a U o c a ° C C°. OS 0 m Oa CX� m LLm0 Ow•- � c � Js0ac a0ao c v a w` U- p f• O U d W- N y WcE'�° 2 � m-C od00ow � � v �� � c m: �rc �..r NOW �u PVT CITY OF RENTON CITY CLERK DIVISION MEMORANDUM DATE: February 20, 2003 TO: Connie Brundage FROM: Suzann Lombard x6521 SUBJECT: Burlington Northern/Santa Fe Southport Blvd. —CAG-02-135 Lake Washington Blvd. N. - CAG-02-136 This is your call-up for today. Please advise our office of the status of the original signed contracts for the above-referenced matters. A copy with a signature on the main contract, pg. 6, was sent to us on or about 10/18/02. However, on Exhibit B, there is a second place for signatures that is still blank on the new copy. A note on a copy of a letter dated 9/6/02 from BNSF said"Connie is locating the original". Hopefully this information will help you locate the contracts so they can be forwarded to this office. Thank you. **RoeWrr+ 0/1� "y CITY CITY OF RENTON CITY CLERK DIVISION MEMORANDUM DATE: December 16, 2002 TO: Connie Brundage FROM: Suzann Lombard x6521 SUBJECT: Burlington Northern/Santa Fe Southport Blvd. &Lake Washington Blvd. Crossing Improvements CAG-02-135; CAG-02-136 This is your call-up for today. Please advise me of the status of the original contracts. There is a note in the file from you dated 10/18/02 that you are trying to locate the originals. That note is attached to a transmittal letter from BNSF dated 10/6/02 addressed to Sharon Griffin. Hopefully this will help with your search. Thank you. ♦ R CITY OF RENTON CITY CLERK DIVISION MEMORANDUM DATE: October 16, 2002 TO: Connie Brundage FROM: Suzann Lombard x6521 l� SUBJECT: Burlington Northern/Santa Fe Replace/Improve Crossing at Lake WA Blvd. N. CAG-02-136 This is your call-up for today. Please advise me of the status of an original signed contract. Thank you. BNSF I M. ttcr)COWLES Burlington North**Santa Fe Mgr.Public Projects 2454 Occidental Avenue So.,Ste.I-A WA, ID,MT.and Seattle,WA.98134 British Columbia REC;:- + E-Mail:Mike.Cowles @BNSF.com Phone:206-625-6146 Fax:206-625-6115 S ° 1 1_ 2002 Trans orlation S• - September 6, 2002 ii P ystenzs Qiv. , Sharon Griffin ' City of Renton 1055 So. Grady Way Renton,WA. 98005 Dear Ms. Griffin: Concerning the Lake Washington Boulevard and Southport Boulevard at grade crossing projects. Attached are the city's fully executed originals for the crossing reconstruction projects. Please provide us with written authorization to construct. Upon authorization we will order all the necessary crossing material and schedule for construction. In addition, attached is a follow-up letter on the authorization for the signal improvement to Lake Washington Boulevard [STPXP 1171(4)]. If you have any questions concerning this project please call. Si erely, d.tkt) Cowles Mgr Public Projects JMC Cc: WUTC 1300 Evergreen Park Dr. So. P.O. Box 47250 Olympia,WA. 98504-7250 Attn: Ahmer Nizam Dave Zevenbergen WSDOT- Hwys. and Local Programs P.O. Box 47390 Olympia,WA. 98504-7390 BNSFIhl.sty 1 *mole 14mol (!Cj)0(0_ Y'-o� CITY OF RENTON CITY CLERK DIVISION MEMORANDUM DATE: August 7, 2002 TO: Connie Brundage SA— SUBJECT:FROM: Suzann Lombard x6521 Burlington Northern/Santa Fe Southport Blvd. &Lake Washington Blvd. Crossing Improvements CAG-02-135; CAG-02-136 As requested in your memorandum, the attached documents have been signed by City officials and is being returned to you for execution by other parties. When fully executed and received by you, please forward a signed original of the documents to the Clerk's office for our permanent record files. We will put this matter on call-up for 10/15/02. Thank you. Enclosures: (4) fr. CONTRACT CHECKLIST , !E ; STAFF NAME & EXTENSION NUMBER: DIVISION/DEPARTMENT: CONTRACT NUMBER: C74t6 2— — TASK ORDER NUMBER (if applicable): CONTRACTOR: PURPOSE OF CONTRACT: it QPUc �6i—!- VIM P.R�\RoF-,A ooE-R k-s-\ 1. LEGAL REVIEW: (Attach letter from City Attorney) R4�a�ti� 2. RISK MANAGEMENT REVIEW FOR INSURANCE: (Attach letter) tv R 3. RESPONSE TO LEGAL OR RISK MGMT CONCERNS: (Explain in writing how concerns have been met.) 4. INSURANCE CERTIFICATE AND/OR POLICY: (Attach original) lyA. 5. CITY BUSINESS LICENSE NUMBER: l\�(a (Call Finance Dept.) 6. ATTACHED CONTRACTS ARE SIGNED BY CONTRACTOR/CONSULTANT: (If not, provide explanation) 7. FISCAL IMPACT: A. AMOUNT BUDGETED: (LINE ITEM) (See 8.b)* B. EXPENDITURE REQUIRED: _ X37 I o 1[) . Cc) 8. COUNCIL APPROVAL REQUIRED: (Prepare Agenda Bill): A. CONTRACT OR TASK ORDER IS $50,000 OR OVER: (Refer to Council committee for initial contract approval; place subsequent task orders on Council agenda for concurrence.) B. *FUND TRANSFER REQUIRED IF CONTRACT EXPENDITURE EXCEEDS AMOUNT BUDGETED. (Refer to Council committee.) C. SOLE SOURCE CONTRACTS. (Refer to Council committee over$10,000.) 9. DATE OF COUNCIL APPROVAL (if applicable): A\t�, ©Z 10. RESOLUTION NUMBER (If applicable): 11. KEY WORDS FOR CITY CLERK'S INDEX: A. B C. H:\WW60DOT\FORMS\CONTRACT\CKLIST.DOC\bh Rev:3/97 ,.; W CIT�OF RENTON ..LL Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM r r � �' / �n �00� To- Connie Brundage sp���bO"sys��m From: Lawrence J. Warren, City Attorney Date: June 17, 2002 Subject: Southport Blvd Railroad Crossing Improvements and Lake Washington Blvd Railroad Crossing Improvements The contracts are approved as to legal form. The City assumes many duties under these contracts including insurance and notification and must require the.s e of our contractors. Lawrence J. W ren LJW:tmj cc: Jay Covington Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 R E N�TO�N ®This paper contains 50%recycled material.30%post consumer AHEAD OF THE CURVE Ju4y 15,2002 *me Renton City Council Minutes Page 288 Transportation Committee Transportation Committee Chair Persson presented a report regarding the Transportation: Railroad Southport Blvd. and Lake Washington Blvd. railroad crossing improvements. Crossing Improvements, The City of Renton has negotiated with Burlington Northern Santa Fe(BNSF) Southport&Lake WA Blvds Railroad for two separate agreements to replace and improve the railroad �n1 crossings over Southport Blvd. and over Lake Washington Blvd. This work is required to accommodate the new Southport development and will include installation of shoulder mounted cantilevers, signal, and gates on Southport Blvd. The developer, Southport LLC, will pay for this work, which is expected to cost $337,610.00. Funds in the amount of$209,937.24 have already been deposited with the City of Renton, and any remaining funds required will be deposited at a later date. The Transportation Committee recommended that Council authorize the Mayor and City Clerk to enter into the agreements between the City of Renton and BNSF. MOVED BY PERSSON,SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilman Persson noted that the new cement crossing will be much nicer and last longer. Community Services Community Services Chair Corman presented a report recommending Committee concurrence in the Mayor's appointment of Ava Hammond to the Municipal Appointment: Municipal Arts Arts Commission for an unexpired four-year term that expires on December 31, Commission 2002. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Appointment: Airport Community Services Chair Corman presented a report recommending Advisory Committee concurrence in the Mayor's appointment of Kurt Boswell as primary, and Michael Rice,as alternate,Airport Leaseholder representatives to the Airport Advisory Committee,both for three-year terms expiring May 7, 2005. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilman Corman stated that Ms. Hammond will be a very good addition to the Municipal Arts Commission because of her extensive experience, especially in the performing arts. He also stated that both Mr. Rice and Mr. Boswell are very experienced in airport matters and aviation. ORDINANCES AND The following ordinances were presented for second and final reading and RESOLUTIONS adoption: Ordinance#4977 An ordinance relating to the incurrence of indebtedness; providing for the sale Finance: Bond Issuance,Fire and issuance of Limited Tax General Obligation Bonds, 2002, to provide part Station#12 Construction of the costs of acquiring,constructing and equipping Fire Station#12; providing for the date,denominations,form, terms,registration privileges, maturity, interest rates and covenants of the bonds; providing for the annual levy of taxes to pay the principal thereof and the interest thereon; establishing a debt service fund and project fund for the bonds; and providing for the sale and delivery of such bonds to D.A. Davidson&Co., Seattle, Washington. MOVED BY PARKER,SECONDED BY PERSSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. '' ♦ ci 0 ®i �r yr VfY c�iL it TRANSPORTATION/AVIATION COMMITTEE Date s ®L COMMITTEE REPORT July 15,2002 Project: Southport Boulevard Railroad Crossing Improvements and Lake Washington Boulevard Railroad Crossing Improvements (July 08,2002) The City of Renton has negotiated with Burlington Northern Santa Fe (BNSF) two separate agreements to replace and improve the railroad crossings over Southport Boulevard and over Lake Washington Boulevard. This work is required to accommodate the new Southport development and will include installation of shoulder mounted cantilevers, signal, and gates on Southport Boulevard. The developer, Southport LLC, will pay for this work, which is expected to cost $337,610.00. $209,937.24 has already been deposited with the City of Renton, and any remaining funds required will be deposited at a later date. The Transportation Committee recommends that Council authorize the Mayor and City Clerk to enter into the agreements between the City of Renton and Burlington Northern Santa Fe Railroad. Don Persson, Chair Randy Corman, Vice-Chair K y Keolker-Wheeler, Member cc: Connie Brundage Leslie Lahndt James Wilhoit Jan Illian H Trans/admin/commitreport/2002/Southport RR agreements < 1"1y8,2002 Renton City Council Minutes V Page 273 three-year term as Airport Leaseholder alternate representative (term to expire on 5/7/2005). Refer to Community Services Committee. CAG: 02-082, CT Detention City Clerk reported bid opening on 6/27/2002 for CAG-02-082, CT Detention Pipeline for Wells RI, R2& Pipeline for Wells R1, R2 and R3 and Park Improvements; four bids; engineer's R3 &Park Improvements, RL estimate$1,201,978.88; and submitted staff recommendation to award the Alia Company contract to the low bidder,R.L. Alia Company, in the amount of$979,178.24. Council concur. Plat: Honey Crest,NE 9th PI Hearing Examiner recommended approval, with conditions,of the Honey Crest (PP-02-028) Preliminary Plat; 19 single-family lots on 3.12 acres located at 4210 NE 9th Pl. (PP-02-028). Council concur. Human Services: 2003 CDBG Human Services Division recommended acceptance of an estimated $374,683 Funds, King County in Community Development Block Grant(CDBG) funds from King County for 2003. Council concur. Human Services: 2003 General Human Services Division recommended setting a public hearing on July 22, Fund&CDBG Fund 2002, to consider the allocation of the 2003 General Fund and Community Allocation Development Block Grant(CDBG)funds as recommended by the Human Services Advisory Committee. Refer to Community Services Committee; set public hearing for July 22, 2002. Human Resources: 2002 Human Resources and Risk Management Department recommended approval Group Health Cooperative of the 2002 Group Health Cooperative Medical Contracts for Active Medical Contracts Employees;LEOFF 1 Active Employees; and LEOFF 1 Eastern and Western Washington Retirees. Council concur. Airport: FAA Grant Transportation Systems Division recommended approval of a grant application Application, Airside/Landside with the Federal Aviation Administration(FAA) for a$150,000 grant to Activities (Security Gates) improve the separation of airside and landside activities. Council concur. (See page 275 for resolution.) Transportation: Railroad Transportation Systems Division recommended approval of agreements with Crossing Improvements, Burlington Northern Santa Fe(BNSF) Railroad to replace and improve railroad Southport &Lk WA Blvd crossings at Southport Blvd. and Lake Washington Blvd. to accommodate the Ag m1' new Southport development. The developer, Southport LLC, will cover all costs. Refer to Transportation Committee. Utility: Emergency Sale of Utility Systems Division recommended approval of an agreement with the City Water to Seattle Contract of Seattle for the emergency sale of water. Refer to Utilities Committee. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 7.a. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Councilman Clawson requested that the Council meeting minutes of July 1, Item 7.a. 2002, be corrected as indicated: Council Meeting Minutes of page 263, under Old Business, second paragraph, second sentence, insert July 1,2002 "perceived" between the words Clawson's and insinuations. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL APPROVE ITEM 7.a. AS CORRECTED. CARRIED. Explaining that the issue regarding potential retaliation against Renton Police Officers' Guild members for expressing their opinions about Police Department staffing is sensitive, Councilman Clawson stated that it is not his intention to drive a wedge between the Guild members and the Police Chief by commenting « CITY OF RENTON COUNCIL AGENDA BILL Al#: Submitting Data: Planning/Building/Public Works For Agenda of July 8,2002 DepVDiv/Board.. Transportation Systems Staff contact...... Leslie Lahndt,x7223 Agenda Status: Consent.............. Subject: Public Hearing...... Southport Boulevard Railroad Crossing Improvements and Correspondence..... Lake Washington Boulevard Railroad Crossing Improvements Ordinance........... Resolution........... Old Business........ Exhibits: New Business....... Agreements Study Sessions...... Deposit slip Information......... Legal Review other................ Interlocal Recommended Action: Approvals: Refer to Transportation Committee Legal Dept.......... X (July 11,2002) Finance Dept....... Other............. Fiscal Impact: Expenditure Required..... $337,610.00 Transfer/Amendment....... Amount Budgeted......... $337,610.00 Revenue Generated......... $337,610.00 Summary of Action: Burlington Northern Santa Fe (BNSF) Railroad only negotiates crossing improvement agreements with local jurisdictions. Therefore, the City of Renton is working with BNSF to replace and improve the railroad crossings over Southport Boulevard and Lake Washington Boulevard. This work is required to accommodate the new Southport development and will include installation of shoulder mounted cantilevers, signal and gates on Southport Boulevard. The developer, Southport LLC, will cover all costs and has deposited $209,937.24 with the City of Renton to cover the equipment and administrative costs at this time and the installation and labor money will come later. The deposit was needed to cover the cost of materials, which have a six-month lead time for delivery. Staff Recommendations: The Transportation staff recommends Council authorize the Mayor and City Clerk to enter into the agreement(s)between the City of Renton and Burlington Northern Santa Fe Railroad. HA...Trans/admin/connietagenda2G02/Southport and Lake Washington RR agreement • v,rr vr ` CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 20, 2002 TO: Toni Nelson, President Members of the Renton City Council VIA: J-C Jesse Tanner, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Leslie Lahndt, x7223 SUBJECT: Southport Boulevard Railroad Crossing Improvements and Lake Washington Boulevard Railroad Crossing ISSUES The City of Renton has negotiated an agreement with Burlington Northern Santa Fe (BNSF) Railroad to design and construct the railroad crossings over Southport and Lake Washington Boulevards. The work will include installation of shoulder-mounted cantilevers, signal and gates on Southport Boulevard and be coordinated with the installation of crossing and signal improvements on Lake Washington Boulevard. Separate agreements have been negotiated for each crossing. RECOMMENDATION The Transportation staff recommends Council authorize the Mayor and City Clerk to enter into the agreements between the City of Renton and Burlington Northern Santa Fe Railroad. BACKGROUND This work is a safety improvement due to the widening of Lake Washington Boulevard in conjunction with the Southport development. The new intersection with Southport Boulevard will also be signalized in coordination with the design of the railroad crossings. Design and construction of the railroad crossings are performed by the railroad with costs and payment formalized in an agreement with the local jurisdiction in charge of the roads. BNSF only negotiates crossing improvement agreements with local jurisdictions, not private parties. The estimated budget for the two railroad crossings is $337,610.00. This breaks down to $209,937.24 for design and materials, and $127,672.76 for labor. These estimates are a year old and are expected to rise. The estimates include railroad contingency and bill preparation June 20, 2002 fir✓ *w�' T Southport Railroad Crossing Issue Paper Page 2 of 2 fees as well as the 6% City administration charge. The developer, Southport LLC, has deposited with the City $209,937.24 towards the design and materials of the proposed railroad improvements. Southport LLC will pay any difference in materials and all labor costs as documented by the railroad during design and at the time of construction.t Cost summary: $209,937.24 Southport LLC deposit $127,672.76 * Developer will pay this cost as documented by the railroad $337,610.00 Estimated total cost * Labor costs are estimated The City did secure a separate agreement with WSDOT, processed in October 2001, a TEA-21 grant for the railroad gate crossing portion along Lake Washington Boulevard (LWB) only up to $180,000. The City approved the railroad agreement in January 2002. H:Transportation/admin/cb/2002/Soulhportissue.DOC .iR �-; CIT'�OF RENTON ' Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM � ` � , runs 1 �' ? To- Connie Brundage syst /nS. From: Lawrence J. Warren, City Attorney Date: June 17, 2002 Subject: Southport Blvd Railroad Crossing Improvements and Lake Washington Blvd Railroad Crossing Improvements The contracts are approved as to legal form. The City assumes many duties under these contracts including insurance and notification and must require the s e of our contractors. Lawrence J. W en LJW:tmj cc: Jay Covington Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 R E N T O N LL�� AHEAD OF THE CURVE �fi-J This paper contains 50%recycled material.30%post consumer CONSTRUCTION AND MAINTENANCE AGREEMENT WIDEN AND IMPROVE SOUTHPORT BOULELVARD (RR STA. 1061+64.5) RENTON,WASHINGTON RAILWAY Contract NO. File No AGREEMENT, made this day of . 2001, 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 Subdivision 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 Utilities and Transportation Commission and the Federal Highway Administration. WHEREAS: in the interest of aiding motor vehicle traffic the Agency is proposing to widen and improve Southport Boulevard at grade crossing, hereinafter referred to as the Project. WHEREAS: the centerline of the Gene Coulon Park at grade crossing crosses over the Railway's right-of-way and mainline at railroad survey station 1061+64.5, near railroad MP 4.00 on the Woodinville Subdivision, and WHEREAS:the Project is located in Lot 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 certain work on its facilities, and WHEREAS: the parties 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 ARTICLE I AGREEMENT: NOW THEREFORE,in consideration of the covenants of the Agency hereinafter contained, and faithful performance thereof, Railway agrees: 1. The Railway shall grant to the Agency by separate instrument: a) At no expense to the Agency the reconfiguration of the existing crossing easement of 10.731 square feet more or less,for roadway purposes across the Railway's right-of-way(outlined in bold) as identified on Exhibit"A"attached. 2. To furnish all labor, materials, tools, 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 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 "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 specifically 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 shall include 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 adjacent 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. 3. 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 t ' 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, 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: (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 markings 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 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 Railway's track and other facilities. 6. To require its contractor(s)to notify Railway'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 Public 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 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 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 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 exist. (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 III, Sections 3, 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 3 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 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: (1) safety glasses; permanently affixed side shields; no yellow lenses; (ii) hard hats with high visibility orange cover; (iii) safety shoes with hardened toe, above the ankle 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 Railway'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 its Contractor will meet with Railway for the purpose of making 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 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 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 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 III. 6. The Agency shall supervise and inspect the operations of all Agency contractors to assure compliance with the plans and specif ications,the terms of this agreement and all safety requirements of Agency. If at anytime 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 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 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 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 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. 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: 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)625-6146 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 3'St P.O. Box 37 Ellensburg,WA. 98926 Telephone No. (206)625-6880 Telecopy No. (206)625-6527 RENTON,WASHINGTON Joe Armstrong Project Engineer 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 NORTHERN AND SANTA FE RAILWAY COMPANY By Manager Public Projects WITNESS: RENTON,WASHINGTON By Title 6