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CAG-15-238 TRANSPORTATION CREDIT AGREEMENT BETWEEN THE CITY OF RENTON, THE HOTEL AT SOUTHPORT, L.L.C., AND THE OFFICE AT SOUTHPORT LLC This Transportation Credit Agreement ("Credit Agreement") is made as of December 21 2015, (the "Effective Date") between the City of Renton, a Washington municipal corporation (hereinafter "Renton"), and the Hotel at Southport, LLC, a Washington limited liability company, and the Office at Southport, LLC, a Washington limited liability company. Renton, the Hotel at Southport, LLC, and the Office at Southport, LLC are at times collectively referred to as "the Parties". The Parties mutually agree as follows: I. RECITALS 1.1 Renton is a municipal corporation of the State of Washington, organized under the Optional Municipal Code, Title 35A RCW, located in King County, Washington. 1.2 Beginning in the late 1990s, Michael Christ and Southport LLC, the predecessors in interest to the Hotel at Southport, LLC, and the Office at Southport, LLC, began developing the real property commonly referred to as the "Southport Property" located in the City of Renton, King County, State of Washington, on or near the shoreline of Lake Washington. 1.3 By Ordinance 4804, Renton designated the Southport Property as a Planned Action Site. In April 2000, Renton designated the Level II Site Plan (aka Master Site Plan) for the Southport Property as a Planned Action pursuant to the process and criteria established in Ordinance 4804. On July 18, 2000, Renton approved the Level II Site Plan for the Southport Property. Thereafter, Renton approved Level I Site Plans for the first (residential), second (office), and third (hotel) phases of the proposed Southport development. 1.4 Following approval of the Level II Site Plan and the Site Plan approvals for the first two phases, Renton and Southport LLC entered into a Mitigation Agreement, dated October 12, 2001, regarding the transportation improvements required to support the Southport development ("2001 Mitigation Agreement"). A copy of the 2001 Mitigation Agreement is attached hereto as Exhibit 1. Exhibit A to the attached 2001 Mitigation Agreement identified each of the transportation improvements required of Southport LLC to mitigate the transportation impacts anticipated to be generated by the proposed Southport development. The Mitigation Agreement also acknowledged that although Southport had committed to constructing these transportation improvements, these transportation improvements would address traffic and growth unrelated to the Southport development. As a result, the City agreed that certain amounts paid or contributed by Southport toward constructing these improvements would serve as an offset/credit against future transportation impact fees otherwise owed for development of the Southport Property. 1.5 Since then, Southport LLC has re-organized into four independent entities, one for each of the lots within the Southport Property. Current ownership of the four Southport lots is as follows: Transportation Credit Agreement Page 1 Lot 1: Hotel at Southport, LLC Lot 2: The Bristol at Southport, LLC Lot 3: Building C at Southport, LLC and JSL and LLC, as tenants-in-common Lot 4: Office at Southport, LLC 1.6 On February 24, 2014, Renton, the Hotel at Southport, LLC, and Southport LLC entered into a second agreement entitled "Agreement between City of Renton and Hotel at Southport and Southport LLC" ("2014 Agreement") establishing specific terms for the construction of transportation improvements at the Lake Washington Boulevard/Houser Way/Site Access/Park Access intersection (Part 2 improvements as defined below)). The 2014 Agreement is attached hereto as Exhibit 2. 1.7 The Hotel at Southport, LLC, and the Office at Southport, LLC, are in the process of developing the remainder of the Southport Property (lots A and B) and completing the remaining transportation improvements identified in the 2001 Mitigation Agreement. This Credit Agreement is intended to memorialize the final agreement of Renton, the Hotel at Southport, LLC, and the Office at Southport, LLC, regarding the credit against transportation impacts fees to be provided to the Hotel at Southport, LLC, and the Office at Southport, LLC, by the City in exchange for the Hotel at Southport, LLC, and the Office at Southport, LLC, completing the outstanding transportation improvements. 1.8 This Credit Agreement amends the prior 2001 Mitigation Agreement and the 2014 Agreement and specifies the manner and terms on which Renton will grant the Hotel at Southport, LLC, and the Office at Southport, LLC, credit against transportation impact fees in exchange for completing the outstanding transportation improvements set forth in Exhibit A to the 2001 Mitigation Agreement. Except as amended in this Agreement, the terms of those prior Agreements remain in full force and effect. 1.9 This Credit Agreement is made pursuant to Chapter 35.72 RCW (Cities and Towns — Contracts for Street, Road and Highway Projects) and Chapter 82.02 RCW (Excise Taxes — General Provisions). This Agreement is made upon the basis of the foregoing provisions, and in consideration of the mutual promises and covenants agreed to in this Agreement and the previous agreements between the Parties (2001 Mitigation Agreement and 2014 Agreement) and the mutual benefits to be derived by the Parties. II. AGREEMENT 2.1 Recitals. The recitals set forth above are fully and completely incorporated by reference into and made part of this Credit Agreement. 2.2 Transportation Improvement Costs. Southport LLC and its successors in interest, the Hotel at Southport, LLC, and the Office at Southport, LLC (hereinafter collectively "Southport"), have paid or shall pay, or have contributed to, the cost of designing and Transportation Credit Agreement Page 2 constructing the transportation improvements set forth in Exhibit A to the 2001 Mitigation Agreement. The list of improvements for which Southport will receive credit under this Credit Agreement is set forth in Exhibit 3 to this Agreement, including the current status of completion. For purposes of this Credit Agreement, those improvements have been divided into three parts based on their current state of completion. Transportation improvement Part Items#1, 2 and 3 of Exhibit 3 Part 1 improvements Items#4, 5, and 8 of Exhibit 3 Part 2 improvements Item #6 of Exhibit 3 Part 3 improvements For those projects for which Southport has or will receive credit, the Parties have agreed to the following credit amounts against transportation impact fees: Transportation Improvements Credit Part 1 improvements $2,796 (see 2.3.1 below) Part 2 improvements 100% of the cost to design the transportation improvements 50% of the cost to construct the transportation improvements 100% of the cost of acquiring any easements necessary to construct the transportation improvements Specific dollar value to be determined Part 3 improvements 50% of the cost to design and the cost to construct the transportation improvements. 50% of the cost of acquiring any easements necessary to construct the transportation improvements Specific dollar value to be determined. A preliminary itemized breakdown of the costs of these transportation improvements is included in Exhibit 4. Southport will provide Renton supporting documentation for these costs as requested by Renton. The Public Benefit Costs set forth in Exhibit 4 shall be credited to the "Southport Daily Trip Fee Credit Account" upon review and approval of the supporting documentation by the City. The City shall review such documentation within 15 days of receipt and provide Southport with any written questions or comments. Thereafter Southport may respond to such questions and comments as necessary and appropriate. This process of Southport submitting information, the City reviewing that information and providing comments, and SECO responding to those comments, may continue for up to 90 days. Within 10 days (after the expiration of the 90 day period), the Public Works Administrator shall provide Transportation Credit Agreement Page 3 a final list of those costs that it agrees to credit to the "Southport Daily Trip Fee Credit Account", and those for which it believes that it needs further information or otherwise rejects the requested credit ("Public Works Administrator's Decision"). Thereafter, Southport may elevate the dispute regarding any rejected amounts to the Administrator of the Department of Community and Economic Development. If the City and Southport are not able to resolve any outstanding disagreement regarding the credit within 30 days of elevating the dispute to the Administrator of the Department of Community and Economic Development, Southport may appeal the Public Works Administrator's Decision to the Hearing Examiner using the processes established in RMC 4-8-110. Notwithstanding the language in RMC 4-8-110(C)(2), the parties agree that Southport shall have until 45 days after the Public Works Administrator's Decision to file such an appeal. 2.3 Status of Southport Projects and Corresponding Impact Fee Calculations. 2.3.1. For purposes of this Credit Agreement, the Parties agree that both the Bristol I and II developments have been completed, that Southport paid transportation impact fees and/or made other contributions to the Part 1 improvements as part of developing the Bristol I and II, and Southport has a credit in the amount of $2,796 in Southport Daily Trip Fee Credit Account for the Part 1 improvements. 2.3.2 The Hotel at Southport, LLC, is currently in the process of constructing a hotel (City of Renton File #s: LUA14-000645, SA-A, SM, MOD, MOD, B14006571) (the "Hotel Project"). The Parties agree that the Transportation Mitigation Fee for the Hotel Project shall be calculated as set forth in Exhibit 4. 2.3.3 The Office at Southport, LLC, has submitted its application for building permit approval for three office buildings and related improvements (City of Renton Files #s: LUA14-000645, B15005268, B15005269, B15005270, and B15005271) (the "Office Project"). The Parties agree that the Transportation Mitigation Fee for the Office Project shall be calculated as set forth in Exhibit 4. The Part 3 improvements will be completed prior to issuance of a final certificate of occupancy of the first office building. 2.3.4 The number of net daily trips set forth in Exhibit 4 was derived using the methodology in the Southport Development Planned Action Draft Supplemental Environmental Impact Statement (DSEIS) and the Southport Development Planned Action Final Supplemental Environmental Impact Statement (FSEIS). A memorandum detailing this methodology and the above calculations is attached as Exhibit 5. 2.4 Credits Against Transportation Impact Fees. The Transportation Impact Fees as set forth in Exhibit 4 shall be deducted from the balance in the Southport Trip Credit Account. Southport shall only be required to pay those traffic mitigation fees that exceed the total balance in the Southport Trip Credit Account, if any, calculated at a rate of $75 per net daily trip. Renton shall update the remaining balance after each withdrawal from the Trip Credit Account, and provide written documentation to Southport of the new running balance. Transportation Credit Agreement Page 4 2.5 Latecomers Agreements/Cost Reimbursement. Nothing in this Credit Agreement or the previous 2001 Mitigation Agreement and 2014 Agreement affect Southport's right or ability to seek reimbursement of any portion of the transportation project costs through one or more latecomers agreements or other means approved by the City of Renton. 2.6 Effect on Prior Agreements. Except as expressly provided herein, this Credit Agreement shall not modify the terms or effect of the 2001 Mitigation Agreement or the 2014 Agreement, both of which remain in full force and effect. IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date. CITY OF RENTON HOTEL AT SOUTHPORT, LLC, a limited liability company, By SECO Development, Inc., its manager &ix-% id4AC By: Denis Law By: Michael P. Chris Its: Mayor 12/0(/...( Its: President Dated: Dated: 2 Ati/ 2/7 OFFICE AT SOUTHPORT LLC, a limited liability company, By SECO Development, Inc., its manager By: Michael P. Chri t Its: President Dated: %► Ouuunutuuo�i///i� ��•�'�OF RENTo2 Attest and approved: V ALL ,v I /ID % co- �. Jason�A. Seth //1/�,, 1-EC'o 1/,Jlllltii131tv,.``' Rent,n Clerk itt.0.04446.1e7k)6.-4.-.‘4%,_, Lawrence J. Warren Renton City Attorney Transportation Credit Agreement Page 5 EXHIBIT 1 2001 Mitigation Agreement Transportation Credit Agreement Page 6 zje CAG-01-172 AGREEMENT This Agreement is made and entered into between the City of Renton (Renton)and Southport LLC,a Washington 1L-nited liability company(Southport). Whereas,as part of Southport's project mitigation under the State Environmental Protection Act, Southport must satisfy Renton Traffic Mitigation Fee Policy (Resolution No.3100) with respect to the project in part by paying a fee of$75.00 per daily vehicle trip generated (the "Trac Mitigation Fee");and Whereas, the Mitigation Document has established that since the traffic/road improvements will also address traffic growth unrelated to the development of the subject site, Renton will use all or a portion of the traffic impact mitigation fees to fund the portion of the traffic/road improvements required that Renton determines will provide benefit to the public(page 24); Whereas,Southport has requested that Renton allow it to construct certain transportation improvements of equal value of and in lieu of its payment of the Traffic Mitigation Fee;and Whereas, the Traffic Mitigation Fee would be determined by the scope of the project should Southport have chosen to pay the fee instead of performing certain improvements of equal value; Whereas, Southport,Renton,and the interest of the public would be benefited by joint planning and execution of Southport's and Renton's respective items of work herein;and Whereas, it is advisable and necessary to document the terms and conditions under which Southport and Renton will carry out their respective responsibilities and construction activities, Now,therefore, Southport and Renton do agree as follows: The Traffic Mitigation Fee will be credited towards the cost of the off-site road improvements based on the following: 1. It is agreed that the required transportation improvements involve 50%public benefit and 50%private benefit 2. Renton agrees to pay 50%of the public improvement costs exclusive of the grant-funded portion of the public railroad crossing up to a limit of Renton's participation of 100%of the Southport project traffic mitigation fee. if 100%of the Southport project traffic mitigation fee exceeds 50%of the project costs, Chen the balance would be paid into the transportation mitigation fund. If 100%of the Southport project traffic mitigation fee falls below 50%of the project costs,Renton's contribution would be capped at the amount of the fee. 3. Renton agrees to contribute above and beyond the 50%agreement the TEA-21 Railroad Crossing Program(Section 130) grunt amount of$180,000 toward the shoulder mounted cantilevers,signal and gates on Lake Washington Boulevard only,provided that Southport: nUG-13-2001 11:30 X25 430 7376 a. Provides the necessary information required for the City to prepare grant forms for funding obligation,billing,and reimbursement. b. Abides by all Federal regulations required to meet grant guidelines. 4. Payment by Southport of the Traffic Mitigation Fee shall be accomplished by Southport's performance of the work described on Exhibit A attached hereto. As previously noted in Section 2,the exact amount will be based on 50%of the actual construction cost, capped at the Traffic Mitigation Fee level: In addition,the cost of all of the railroad work will be assessed at six percent (6%) above costs to be paid to the City for the City's administrative costs associated with the railroad and grant agreements. 5. Any Traffic Mitigation Fee not expended by offset for Southport's work under Section 4, above,will be paid to Renton and placed in the Transportation Mitigation fund. 6. During its work within the City right-of-way,Southport shall maintain open safe public access. Southport will hire and maintain traffic control equipment and naggers and file a traffic control plan with the City of Renton. 7. All improvements will be constructed in accordance with the site plan and SEPA approvals for the Southport project. E:x euted this day ofas;-.200 lyA CITY OF RENTON SOUTHI'ORI'LLC By SECO DEVELOPMENT,INC., a Washington corporation 1 By esse tanner ,may. . sclise.l i , ,t u:st Its Mayor Its President Attest Marilyn P r 1 City Clerk (7/262,t,th.came0124,41.7 Lawrence J. Warren City Attorney q7.4 P. 3 EXHIBIT A LIST OF TRAFFIC MITIGATION FEE WORK 1, At the Park Drive/Garden Avenue/Lake Washington Boulevard intersection,the existing channeliration on the Park Avenue approach will be restriped to accommodate one shared through/right lane, one through lane,and two left-turn lanes. 2. On the Lake Washington Boulevard approach,the approach will be restriped to accommodate one right-turn lane and two left-turn lanes. 3. The westbound free right-turn lane from Park Drive to Lake Washington Boulevard will yield to the eastbound left-turning vehicles from Park Avenue to Lake Washington Boulevard. 4. A signal will be provided at the Lake Washington Boulevard/Houser Way/Site Accese/Park Access intersection. 5. The Subject Site/Gene Coulon Park shared access approach will be widened to four lanes (one left-turn, one right-turn and two entering lanes). 6. The section of Lake Washington Boulevard between Park Drive and the joint Site/Gene Coulon Park shared access will be widened by approximately 12 feet to accommodate two southbound lanes,one northbound left turn lane,and one northbound shared through/left turn lane. 7. Left turns in and out of the Boeing parking lot will need to be restricted in order to rnurirni7e the safety hazard. One solution could be placement of c-curb along the centerline of Lake Washington Boulevard just north of Park Drive to restrict left turns into and out of the Boeing parking lot. Alternate parking lot access may be available from North l0`4 Street Prior to final design,coordination with Boeing shall occur to determine specific mitigation. Renton shall assist with coordination efforts as needed_ 8. The two railroad crossings, the Burlington Northern and Santa Fe mainline on Lake Washington Boulevard and the spur line on the joint Site/Gene Coulon Park shared access road, will be improved to include shoulder mounted cantilevers, signal and gates at both crossings. cit,.:-t=-2 e: 11 :30 25 430 737;. 9" a EXHIBIT 2 2014 Agreement Transportation Credit Agreement Page 7 CAG;--14-025 . I AGREEMENT BETWEEN lam,.t?._. CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC This Agreement is made as of the last day of execution of this contract by the Parties below, between the City of Renton, a Washington municipal corporation (hereinafter "Renton"), and Hotel at Southport LLC, a Washington limited liability company, (hereinafter "Developer") and Southport, LLC, a Washington limited liability company (hereinafter "Southport"). Renton, Developer and Southport (hereinafter "the Parties") set forth the following: I. RECITALS 1.1 Renton is a municipal corporation of the State of Washington, organized under the Optional Municipal Code,Title 35A RCW, located in King County, Washington. 1.2 Developer is the developer of real property commonly referred to as Southport, which is a mixed-use development on property now owned by Southport and located in the City of Renton, King County,State of Washington, on or near the shoreline of Lake Washington. 1.3 Developer desires to make improvements to City streets leading to its property that will improve its access, increase Its value, and provide for further development, 1.4 This Agreement is made pursuant to Chapter 35.72 RCW. 1.5 The roadway and other improvements contemplated by this Agreement are to be paid for solely with private funds. 1.6 Renton has entered into two agreements with Burlington Northern and Santa Fe Railway Company (hereinafter "BNSF") that are attached hereto as Exhibit A (Agreement CAG- 02-135), Exhibit B (Agreement CAG-02-136) and that are incorporated by reference into this Agreement, relating to certain roadway and other improvements to be performed by "Agency" (Renton) and other improvements to be performed by BNSF upon its own facilities. 1.7 The roadway and other improvements contemplated by this Agreement are those improvements to be performed by Renton as set forth in said Exhibits A and B attached hereto and incorporated herein by reference. Said roadway and other improvements are to be built by Developer and Southport as set forth in the plans prepared by Developer and Southport as approved by Renton; said plans are attached hereto as Exhibit C and are incorporated by reference into this Agreement. 1.8 This Agreement is made upon the basis of the foregoing provisions, and in consideration of the mutual promises and covenants herein and the mutual benefits to be derived by the parties therefrom. AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT,LLC AND SOUTHPORT,LLC-1 II. AGREEMENT 2.1 Recitals. The recitals set forth above are hereby incorporated by reference into and made part of this Agreement. 2.2 Required Improvements. The roadway and other improvements required by this Agreement shall be constructed by Developer and Southport in accordance with the plans approved by Renton and that are attached hereto as Exhibit C. Said roadway and other improvements shall be paid for in accordance with an agreement between Renton and Developer and Southport. 2.3 Easements. Developer and Southport shall pay Renton the sum of$75,850.00 as and for the reimbursement of the costs to Renton for obtaining an easement from BNSF for the roadway and other improvements contemplated in Exhibit C attached hereto. Developer and Southport shall convey, at no cost to Renton, all required easements shown on Exhibit C for public street, traffic control, and utility purposes. Developer and Southport shall obtain, at no cost to Renton, an easement from Puget Western in favor of Renton,as shown on the approved plans attached hereto and incorporated herein by reference as Exhibit C, for public street, traffic control and utility purposes. 2.4 Renton Inspections. The parties agree that all work performed by Developer and Southport in connection with the approved plans, attached hereto as Exhibit C, shall be subject to inspection and approval by Renton. Should any work performed by Developer and Southport fail inspection or should Developer and Southport fail to perform any work required by the approved plans in Exhibit C, Developer and Southport shall immediately correct or take remedial actions so that such work shall pass inspection or be completed as required by the approved plans in Exhibit C attached hereto. 2.5 BNSF Agreements, Exhibit A (CAG-020135) and Exhibit B (CAG-020136). Developer and Southport shall perform all the requirements, comply with all the conditions, and pay for all the costs contained in or associated with the BNSF Agreements, attached hereto and incorporated herein by reference as Exhibit A and Exhibit B, required of the "Agency" (Renton)through completion of construction. 2.6 Right of Entry. The parties agree that Developer and Southport shall enter any easements for public street purposes, conveyed to Renton from BNSF, as a public right. Developer's and Southport's contractor(s)shall obtain a right(s)of entry from BNSF prior to any construction or pre-construction activity, and in accordance with the provisions set forth in Exhibits A and B, or as otherwise required by BNSF. 2.7 Insurance. Developer and Southport and/or their contractor or subcontractors shall maintain in full force and effect during the time of this Agreement the following insurance: a. Insurance. Developer and Southport and/or their contractor shall secure and maintain the following insurance policies, and shall not cancel or suspend the AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT,LLC AND SOUTHPORT,LLC-2 insurance policies identified below, except after twenty (20) calendar days' -prior written notice by certified-mail to the City of Renton: i. Commercial General Liability Insurance: Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate throughout the duration of this Agreement. ii. Renton as an Additional-Insured: Primary Insurance with coverage for the City of Renton, It is agreed that on Developer's and Southport's and/or their contractor's commercial general liability policy,the City of Renton will be named as an Additional-Insured on a non-contributory primary basis. Verification of Coverage: Subject to Renton's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. b. Renton's Insurance. The City of Renton's insurance, self-Insurance, or insurance pool coverage shall only cover the City of Renton and not contribute to the Developer's and Southport's and/or their contractor's coverage. c. Review of Policy. Upon request, the Developer and Southport and/or their contractor shall give Renton a full copy of the insurance policy for its records and for the Renton City Attorney's or Risk Manager's review. The policy may be reviewed and the value reassessed annually. d, Termination, Notwithstanding any other provision of this Agreement, the failure of the Developer and Southport and/or their contractor to comply with the above provisions of this section shall subject this Agreement to immediate termination without notice to any person in order to protect the public interest. e. Other Insurance. In addition, Developer and Southport and/or their contractor or subcontractors agree to maintain any and all insurance coverages that may be required by BNSF during construction of the roadway and other improvements upon BNSF's property, and to name BNSF and/or its employees or agents as additional insureds, if so required by BNSF. 2.8 Indemnification, Except as otherwise provided in this Agreement, Developer and Southport agree to defend, indemnify, and hold harmless Renton and all of Its elected and appointed officials and employees and agents from all claims, liability and costs, including without limitation attorneys' and expert witness fees, arising in connection with the construction of the required improvements set forth in the approved plans in Exhibit C attached AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT,LLC AND SOUTHPORT,LLC-3 hereto, as a result of negligence or intentional acts by Developer and/or Southport, their agents, employees, contractors and subcontractors, except as may be due to the negligence of Renton or its officials, employees, agents or contractors. 2.9 Acceptance. Following its determination that all the improvements set forth In this Agreement have been completed in accordance with the plans and the specifications, standards,and standard plans, Renton shall formally approve the improvements. 2.10 Costs Incurred by Renton. Developer and Southport shall pay to Renton all costs incurred by Renton prior to conveyance that are associated with the required improvements set forth in the approved plans in Exhibit C attached hereto, including checking and inspection fees, and other engineering, legal, and administrative costs, or as may be provided by a separate, written Memorandum of Understanding. 2.11 Conveyance. Following inspection and approval of the improvements and payment of all costs set forth above, Developer and Southport shall convey the improvements to Renton by Bill of Sale on a form approved by Renton, and Renton will accept such conveyance. 2.12 Notices. All notices pursuant to this Agreement shall be sent to the following addresses: City of Renton: Public Works Administrator City of Renton 1055 S. Grady Way Renton, WA 98057 Hotel at Southport LLC and Southport, LLC: c/o SECO Development, Inc. 1083 Lake Washington Blvd, N.,Suite 50 Renton, WA 98056 Attn: Michael P. Christ 2.13 Dispute Resolution. In the event that any dispute arises between the Parties as to the interpretation or application of any term of this Agreement, or as to the validity of any claim made by either party against the other arising under this Agreement, and the Parties are unable to resolve the dispute through negotiations, the Parties agree to participate in a nonbinding, evaluation and mediation of their dispute at a mutually agreeable location prior to commencing legal action to enforce this Agreement. Either party may request that any dispute be submitted to evaluation and mediation at any time upon the giving of written notice to the other party. 2.13.1 Selection of Mediator. Upon the giving of notice by either party as provided above, the Parties shall attempt to select a neutral person to mediate AGREEMENT BETWEEN CITY OF RENTON 1 AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-4 the dispute. If, after thirty (30) days, the Parties cannot agree on any of the persons named, or if acceptable persons are unable to serve, or if for any reason the appointment of a mediator cannot be made, either party may request that a judge of the King County Superior Court, King County, Washington, appoint a mediator to assist in the dispute resolution process or the parties may, by agreement, seek other means of alternative dispute resolution by arbitration, 2.13.2 Conflicts of Interest. Each party to this Agreement shall promptly disclose to the other any circumstances known by it that would cause Justifiable doubt as to the independence or impartiality of any Individual under consideration or appointed as a mediator. Any such individual shall promptly disclose such circumstances to the Parties. If any such circumstances are disclosed, the individual shall not serve as mediator unless both Parties agree In writing. 2.13.3 Compensation of Mediator. The mediator's charges shall be established at the time of appointment. Unless the Parties otherwise agree, the fees and expenses of the mediator shall be split equally and each party shall bear Its own attorney's fees, costs and expenses. 2.13.4 Mediation Session. The mediation session is Intended to provide each party with an opportunity to present its best case and position to the other party and the mediator and for the Parties to receive opinions and recommendations from the mediator. The mediator shall facilitate communications between the Parties, identify issues, and generate options for settlement or resolution of the dispute. The mediator shall also discuss with each party separately the mediator's opinion and evaluation of the strengths and weaknesses of that party's position. The terms of any settlement made by the Parties as the result of the mediation shall be set out in a written addendum to this Agreement. 2.13.5 Confidentiality. The dispute resolution process Identified in this paragraph is a compromise negotiation. The Parties agree to maintain In confidence all offers, promises, conduct, and statements, oral or written, made In the course of the mediation by either of the Parties, their agents, employees, experts, representatives or attorneys, or by the mediator and agree that the same shall be deemed negotiations in pursuit of settlement and compromise and not admissible or discoverable in subsequent legal proceedings pursuant to Washington Evidence Rule (ER) 408. The mediator shall be disqualified as a trial or deposition witness, consultant, or expert of either party. This paragraph, however, shall be subject to the Public Records Act, Chapter RCW 42.56. 2.13.6 Reservation of Rights. in the event that the Parties are unable to resolve the dispute through the dispute resolution process established in this paragraph, the parties reserve any and all other rights and remedies available to AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT,LLC AND SOUTHPORT,LLC-5 each of them regarding such dispute, including binding arbitration with a single arbitrator, to be selected as in the same manner as a mediator-set forth above. Binding arbitration must be by mutual agreement of the Parties. In the absence of mutual agreement, any party reserves and retains its right to have the dispute adjudicated in court. 2.14 Governing Law. This Agreement is entered into under the laws of the State of Washington, and the parties intend that Washington law shall apply to the interpretation hereof. 2.15 Enforcement. Venue and jurisdiction to enforce all obligations under this Agreement shall lie in the King County Superior Court. The obligations of the parties hereunder may not have an adequate remedy by way of an action for damages and may be enforced by an action for specific performance. 2.16 Severability. In the event a court of competent jurisdiction declares any material provision of this Agreement invalid, unconstitutional, or otherwise unenforceable, any party may elect to terminate the remainder of this Agreement. In the event a non-material provision of this Agreement Is declared invalid, unconstitutional, or otherwise unenforceable, such provisions hereof as are not affected by such declaration shall remain in full force and effect. 2.17 Amendment. This Agreement may be modified only by written Instrument duly executed by all parties after approval of the Renton City Council. 2.18 Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the parties and their respective successors and assigns. 2.19 Attorney's Fees. Except as set forth In Section 2.13 above, if a legal proceeding is commenced to enforce rights or obligations or to obtain a declaration of rights hereunder, the prevailing party or parties in such proceeding shall be entitled to recover from the non- prevailing party or parties its/their reasonable attorney's fees and costs incurred in the proceeding. AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT,LLC AND SOUTHPORT, LLC-6 HOTEL AT SOUTHPORT LLC, a Washington limited liability company - By: SECO Development, Inc.,a Washington corporation, its Manager By .11 r`. to LS k(pv4 its: PeL, Dated: 2,7 017.0i '/ SOUTHPORT, LLC, a Washington limited liability company By: SECO Development, Inc., a Washington corporation, its Manager//k !; /' By: rAAt t-;La< C}. C Lit/4 Its: Dated: .2.-p,_: / ( `f AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT,LLC AND SOUTHPORT,LLC-7 THE CITY OF RENTON, a Washington municipal corporation i Denis Law, Mayor Dated: r `f ATTEST: 43&k1,4 .. �. Bonnie I, Walton, City Clerk APPROVED AS TO LEGAL FORM: CfPO4.4).0411 Lawrence J. Warren, City Attorney •11 F. SEAL . .r AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT,LLC AND SOUTHPORT,LLC-B LIC/CuHPoKAri FORM OF ACKN0A,LFD(,MENr - Notary Seal must be within box STATE OF WASHINGTON)SS • COUNTY OF KING ) /' On this ) day of �`("ld�Y.41 , 20 f 1,before me personally appeared: f Michael P.Christ to me known to be the President of SECO Development, Inc.,Manager of Hotel at Southport LLC, a y,�t���'►ti<\ttllf Washington limited liability company,and acknowledged the said FP NAQ ilii instrument to be the free and voluntary act and deed of said q4g f6G/ifs limited liability company,for the uses and purposes therein *QU mentioned,and each on oath stated that he was authorized to s ,.. " i execute said instrument and that the seal affixed, if any, Is the (Mss 40 00 O.� corporat seal of said corporation. e I Otioim w,V.,o�' �.`_' iitlttt`WAS7�.4ti``" Notary ublic In and for the State of Washington Notary(Print) . /du) ig-vt.0 //6iw1 My appointment expires: /G Dated: /--/ti tt.0/c(RPORATE FORM OF A CKNO Wt EDGME NT Notary Seal must be within box STATE OF WASHINGTON)ss COUNTY OF KING )/- /( On this . 1 day of / ('�jr'r(r�yz� , 20/y' , before me personally appeared: Michael P.Christ to me known to be the President of SECO F��Gf� of Development, Inc.,Manager of Southport, LLC,a Washington �.aaut trr OC ? ►► v n Gjfi� limited liability company,and acknowledged the said instrument to • A. be the free and voluntary act and deed of said limited liability •• company,for the uses and purposes therein mentioned, and each ' �•,6%.�` on oath stated that he was authorized to execute said instrument 4'4``r,p- ‘ !ett, and that the seal affixed, if any, is the corporate seal of said r'/�fiitftOp\WASN�.�`~~ corporatigt�i if, h1N�N�‘v ( / Notary Pub{ic in and for the State of Wash_ ington Notary(Print)_'.�:` fey,t��� rhu1'4f My appointment expires: RI Dated: :;1/)r'// rf AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT, LLC AND SOUTHPORT, LLC-9 tit/CORPORATE FORM OFACKNOWLEDGMENF Notary Seal must be within box STATE OF WASHINGTON))ss COUNTY OF K.„IJG ) On this 9,L--1 ---day of.. -tf ,, ,20 I LI,before me personally appeared Denis Law to me)C own t be the Mayor of the City of Renton,and acknowledged the said Instrument to be the free and voluntary act and deed of said municipal corporation, r'= fair the uses and purposes therein mentioned,and each on oath sated that he was authorized to execute said instrument and that ,` 'the seal affixed,if any,is the corporate seal of said municipal 'Corporation. Notary Public it a d for the Stat f U ashin ton Notary(Print). My appointrpent expires: 1 t` Dated: --I a-L. I v/t AGREEMENT BETWEEN CITY OF RENTON AND HOTEL AT SOUTHPORT,LLC AND SOUTHPORT,LLC-10 EXHIBIT A AGREEMENT BETWEEN CITY OF RENTON AND BNSF CAG-02-135 EXHIBIT A CAG-02-135 CONS,.a RUCTION AND MAINTENANCE A�.REEMENT WIDEN AND IMPROVE SOUTHPORT BOULELVARD(RR STA. 1061444.$) RENTON,WASHINGTON RAILWAY Oontraot NO. I File No . AGREEMENT,made this day oft` ,2002,between THE BURLINGTON NORTHEPJ • ANO SANTA P RAILWAY COMPANY, a DelaWa corporation. hereinafter referred to as the "Railway", and RENTON,WASHINGTON,a municipal corporation,henelnaltor rotorned to as 010"Agency'. RES rrALs: WHEREAS: the WoodlnvNie Subdivision Is currently owned and operated by the Railway;and WHEREAS:The Gout/sled Boulevard classing wee earlier Identified as the Perk Road crowing by the Washington Waffles and Transpon: tion Commission and the Federal Highwwety AdminlstraElon. WHEREAS: in the lntertst of adding motor vehicle ea*the Agency Is praopoeing to widen and improve Southport Boulevard it grade crowing,hereinafter referred to ea the Pto eeL WIfERJ:AS: the csntertine of the Gene Coulon Park at grade oroaefng omesos over the Railway's right-of-way and mainline at railroad survey station 1061+84.6,near railroad MP 4.00 on the Woodinville SubdMalon,and, WHEREAS;the Project Is taxied in Lot I Section 8,T 23 N. R 5 E.WM,as shown on the piens marked Eseribft W attached hereto and made a pert hereof,end WHEREAS: the Railway will be required to perform reertaln work on fta lacifitiea,and WHEREAS: the parries hereto deske that the work to be performed by the Agency In connection with said construction be performed in aocord noe with pians and specifications to be prepared by the Agency,and WHEREAS: the Agency ie wane to undertake the construction of said project with Agency funds,stale funds' and ouch federal funds as may be elenebI,,end WHEREAS: the Railway le willing to consent to the eXecudon of the said project upon the terms and conditions herein slated and not otherMee,and WHEREAS: the parties hereto desire to carrttaot for work to be performed by each of them in oonderu(fon with this project and the payment of poste and memos therein involved, and AGR5!M KT: A l plow THgREPORE.In consideration of the covenants of the Agency hereinafter contained,and faithful performance therreol,Rahway agrees: 1, The Railway shall grunt to the Agency by separate Instrument db"t'' 3 I a) At no expense to theAgency an additional easement of_ ._e across the Railways right-of-way(outlined in bold)as Identified ed on Exhibit"A" ttachere feet more or atar roadway Purposes 2. To furnish all labor, materials, tools,and equipment, and do"Railroad Work"required due to the oonetruotlon 1 of the Project,such railroad work and the estimated cost thereof being as shown in Exhibit"B'attached hereto • and made apart hereof. In the event that construction of the Project has not commenced within six(6)tnontha from the effective date of this Agroemeni, Railway may, in Its sole and absolute discretion, revise the cost estimates set forth In said Exhibit"B'. In such case, Railway shaft provide to the Agency its revised cost estimates highlighting all changes that we made. Any item'af work incidental to those Meme listed In Exhibit "B'.but not spottiest/1y 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 80 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 mainta€n records regarding the worts 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 awl/able 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,end contract preparation; (b) Remove the existing crossing surface,Place a 64'concrete crossing,complete with new ties,ballast and engineering labtic. (a) installation of automatic gashing light traffic control devices,shoulder and cantilever type, with gates and train activation devices, hereinafter known as 'Signals' and to provide en inter tie from the railroad controller to the Agency's controller at the ac$acent Intersection of Southport Boulevard and take 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. S. To do all work provided in Article I, Section 1 above with its own employees working under Railroad Labor Agreements or by oorttractor(s),if necessary,and on an actual cost basis. 4. Agenoy 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. 6. To submit to Agency for payment upon completion of the Project,a detailed statement covering the oast 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. Ail pecable portions of the Federal Higghway Administration's FHPM 662.1 as amended and FHPM 143 as amended are by reference incorporated heroin and made a part hereof. ARTICLE it IN CONSIDERATION of the covenants of Railway herein eel forth and the faithful performance thereof, Agency agrees as follows: 1. ro furnish to Railway plans and specifications for the Project. Four sets of said plans, together with two copies of specifications,shalt be submitted to Railway for approval prior to commencement of construction. After having bean approved by both parties hereto, said pians and specifications are hereby adopted and Incorporated into this agreement by reference. 2. To acquire, at no coat to Railway, all rights of way necessary for the construction of the Project. 2 3. To make any and all arrangements to secure the location.or relocation of wire fines,pips tines 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 ehown on Exhibit"A'and do all work provided for In the plane and specifications for the Project, erocapt such work that Railway herein agrees to do. Principal elements of work to be performed by Agency In the construction of the Project are as follows: (a) Necessary Grating and Paving of the roadway approaches to the crossing and iurnirth and place asphalt concrete paving up to the crossing. (b) Furnish and place advance warning signs and standard pavement marldngs for the railroad at grade crossing. (c) Furnish the railroad with the Inter-tie connection from the Agency's controller to the railroad's Signal controller. (d) Perform all other work not specifically mentioned as work to be performed by the Railway necessary to complete the project In accordance with the plans and specifications. 6. To furnish all tabor,materials,tools,and equipment In performing the work it agrees to perform herein. Al work of construction with respect to said Project shall be undertaken by Agency,or Agency's conttaotor end 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 contractors}to notify Railway's Roadmaeter at least SO calendar days In advance of commencing work an 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 he trains and property. 7, To require its contractors)to furnish Railway's Manager ol Public Projects,for approval,lour copies of plans and two sere of calulations 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 Ralllway'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 tho construction of the Project, The contractor shall also pothole all lines either shown on the plane or marked in the field In order to verify their locations. The contractor than ateo use all reasonable methods when working In the Hallway rail corridor to determine of any other fiber optic lines may indef. (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 111,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, end In accordance with plane 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 shell 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 Ieellities, 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 ci 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 6NSP 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 shleidey no yellow.ienses; (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 resplratore will be worn as required by stale and federal regulations. 12. To advise Railway's Manager Public Projects,In writing, of the completion date of the Project within thirty(80) days after such completion and to notify Railway's Manager Public Projects, in writing, of the dale on which Agency and/or its Contractor will meet with Railway for the purpose of making final inspection ci the Project. Aj TICLE 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 end specifications approved by BNBF,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 effect 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 shell 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 ci 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 forcee 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 costa or expenses of the Project resulting from any such reallocation of he labor forces. The parties further agree that such reallocation of labor forces by RaAway and arty direct or Indirect results of such reallocation will not constitute a breach of this Agreement by Railway. s That if any Agency Contractor shall prosecute the Project work contrary to the Plane and Specifications or 11 any Agency Contractor shall prosecute the Project work in a manner Rellwey deems to be hazardous to Its properly, facilities or the sale end 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 hue bean 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 tights Railway may have which include, but are not limited to,actions for damages or lost profits. In the event that Hallway shall desire to atop work,Railway agrees to give Immediate notice thereof in writing to those Individuals set forth in Section 16 of this Article III, Et. The Agency shell supervise end inspect the operations of all Agency contractors to assure compflanoe with the plans and specifications,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 that,not commence conetfuttien of the Project until the Agency shall have given not lass than thirty(20)days print written notice to Agency',Menn jar 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 fila name Renton,WA,-WIderlead ltworgye 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 herein 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 ell 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 Pubic 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,end accepts responsibility for compliance by its contractor(e). 11. Agency shall indemnify and save harmless Railway, he 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 foss, damage or expense arising under either (a), (b) or (a), and all fines or penalties imposed upon or assessed against Railway, end ail 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. 18. 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 cite 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 mall.return receipt requested,to the parties et the following addresses: 5 The Burlington Northern and Raltway's Manager of Public Projects Santa Fe Railway Company: John M.(Mike)Cowles 2454 Occidental Avenue So.,Sults 1-A Seattle,WA,38134-1451 Telephone No:(206)825.6146 Telecopy No.:(206)626.6116 With a copy to; OhAsion Engineer 2464 Occidental Ave.So,—Ste 1-A Seattle,WA.98134 Telephone No.(206)626.6363 Telecopy No.(206)625-6265 Roadrnaater 602 West 33161 P.O.Box 37 Ellensburg,WA.88828 Telephone No.(206)626-6880 Telecopy No.(206)625-6527 RENTON,WASHINGTON Joe Armstrong Project Engineer 1056 South Grady Way Renton,WA.88055 Telephone No. .(426)430-7223 Telecopy No.(426)430-7376 IN WITNESS WHEREOF, County has caused this Agreement to be executed and witnessed by Its duly qualified and authorized officials,and BNSF has exeouted this Agreement,both as of the day and year first above written. 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RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF RENTON LOCATION • SCOPA DETAILS OF ESTIMATE PURPOSE, JUSTIFICATION AND DESCRIPTION DESCRIPTION QUANTITY U/M COST TOTAL S ********** LABOR PLACE FIELD WELDS 69.76 MN 1,33D REMOVE CROSS TIES 52.32 MN 911 REMOVE PUBLIC CROSSING 62.32 MH 911 REMOVE RAIL/0TM 52.32 MN 911 REPLACE CROSS TIES 76.48 MH 1,367 REPLACE PUBLIC CROSSING 78.48 MN 1,367 REPLACE RAIL/OTM 78.48 MH 1,967 SURFACE TRACK 62.32 MH 911 UNLOAD BALLAST 6.72 MN 162 UNLOAD CROSSING MATERIAL • PUBLIC 6.64 MH 117 WORK TRAIN • BALLAST 7,60 MH 192 PAYROLL ASSOCIATED COSTS 5.884 EQUIPMENT EXPENSES 3,947 SUPERVISION EXPENSES 6,471 INSURANCE EXPENSES 1,425 TOTAL LABOR COST 27,263 27,263 ********** MATERIAL ********** BALLAST, FROM DELTA YARD 160,00 NT 1,079 WORK TRAIN FUEL - BALLAST 180.00 6AL 130 PLUG, RAIL, INSULATED, BONDED, 20 FT 2.00 EA 908 RAIL, 115 LB NEW WELDED PREMIUM 100.00 LF 1,207 SPIKE, TIMBER SCREW, 6/8X12 IN, F/ROAD XING' 96.00 EA 94 TIE, TRK,10',PRE-PLATEO,PANDROL,6 1/2',ROUND 60.00 EA 4,200 TIE, TRK,GRADE 6,PRE•PLATED,PANDROL,5.5',50 H 10.00 EA 696 WELD, KIT, GENERIC FOR ALL RAIL WEIGHTS 8,00 KT 456 CONC 116 08•SEC WITH FILLER FOR W000 64.00 TF 8,900 STORE EXPENSES 426 ONLINE TRANSPORTATION 1,666 USE TAX 1,166 OFFLINE TRANSPORTATION 116 TOTAL MATERIAL COST 20,936 20,936 ********** OTHER *** ASPHALT FURNISHED IN PLACE (46 NT) • CONTRAC 1.00 LS 6,000 ASPHALT RECYCLE - CONTRACT 1.00 L5 300 EQUIPMENT RENTAL (LOADER,EXCAVATOR V/ASPHALT 1.00 LS 6,000 PAVEMENT CUTTING - CONTRACT 1.00 LS EDO TRAFFIC CONTROL 1.00 LS 500 TOTAL OTHER ITEMS COST 12,300 12,300 PROJECT SUBTOTAL 60,498 CONTINGENCIES 4,980 BILL PREPARATION FEE 327 GROSS PROJECT COST 65,705 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 66,705 a E) NtQ4� " £ MAINTAIN PROPRIETARY CONFIDENTIALITY ***** THE 8. N. S, F. RAILWAY COMPANY FHPM ESTIMATE fOR STATE Of WASHINGTON LOCATION - RENTON DETAILS OF ESTIMATE PURPOSE, JUSTIFICATION AND DESCRIPTION INSTALL MFW CROSSING SIGNALS ON OLD GENE COULON PARK IN RENTON, NA. DOT N 0911268, WITH SCX (DC STYLE WARNING), CANTS., FLSHLGATES, RTU, CABLE, BATT., RECORDERS, BUNGALOW, BONDS ANO ETC. LS-0405, MP. 4.05. PACIFIC DIV., WOODINVILLE SUBDIV THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATING PURPOSE ONLY. THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS, DETAILED AND ACCURATE MATERIAL LISTS WILL BE FURNISHED WHEN ENGINEERING IS COMPLETED. CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. THIS ESTIMATE GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE 1N COST FOR MATERIAL, LABOR., AND OVERHEADS, ************w* **************** SIGNAL WORK ONLY *+***kk**+*11-*****wwwwwew+, CAS, op peppy.) THE IS FUNDING THIS PROJECT 100%. THIS PROJECT MUST BE DONE AT THE SAME TIME LAKE WASHINGTON BLVD. CROSSING IS DONE, SINCE THEY ARE SNARING THE SANE BUNGALOW FOR THE CONTROL EQUIPMENT. MAINTAIN PROPRIETARY CONFIDENTIALITY DESCRIPTION QUANTITY U/N COST TOTAL S LABOR ********** SIGNAL FIELD LABOR 800.00 MH 18,720 SIGNAL SHOP LABOR 80.00 MH 1,628 PAYROLL ASSOCIATED COSTS 12,653 EQUIPMENT EXPENSES 3,438 SUPERVISION EXPENSES 13,976 INSURANCE EXPENSES 3,062 TOTAL LABOR COST 53,467 63,467 ********** MATERIAL ********** 4-IN PVC 120.00 FT N 228 BATTERY 1.00 EA K 3,668 BONDS 89.00 EA N 316 BUNGALOW 6X8 1.00 EA N 6,790 CABLE 1.0D EA N 2,000 CANTILEVER COMPLETE 1.00 EA N 9,500 CHARGER 2.00 EA 1,018 CONCRETE FOUNDATIONS 2.00 EA N 322 GATE MECH. MODEL 95 COMPLETE 2.00 EA M 10,756 MISC. BUNGALOW MATERIAL 1.00 LS N 6,151 MISC. FIELD MATERIAL 1,00 LS N 3,016 MISC. MATERIAL 1.00 EA N 2,000 PREEMPTION PACKAGE 1.00 EA N 1,500 RTU CELLULAR MONITOR 1.00 EA N 2,060 SCX SYSTEM 1.00 EA N 6,000 VIGILANT RECORDER 1.00 EA N 1,560 USE TAX 3,64B OFFLINE TRANSPORTATION 684 • TOTAL MATERIAL COST 69,221 59,221 OTHER CONTRACT ENGR. 1.00 EA N 6,000 DIRECT SHIPPING 1.00 EA H 4,051 EQUIPMENT RENTAL 1.00 LS N 4,485 FILL DIRT 20.00 CY N 500 SURFACE ROCK 10.00 CY N 260 TOTAL OTHEA ITEMS COST 16,486 16,406 PROJECT SUBTOTAL 127,960 CONTINOENCIES 12,796 BILL PREPARATION FEE 704 GROSS PROJECT COST 141,402 LESS COST PAID BY INSF 0 TOTAL BILLABLE COST 141,182 kUt GAT t‘EXB CONTRAcTOf'S RIGHT OF ENTRY AGREEMENT FoR CONSTRUCTION PROJECTS ON OR ADJACENT TO PROPERTY OF THE BURLINGTON NORTHERN AND SANTA PE RAILWAY COMPANY Gentlemen: The underaignod,hereinafter referred to as Contractor,has entered into a Contract dated 2002,with Renton,Washington("City")for the performance of certain work in connection with the project.The widening and the improvements to the Southport Boulevard at-grade crossing in the performance of which work the Contractor will necessarily be required to conduct operations within THE BURZINGTON NORTHERN AND SANTA PE RAILWAY COMPANY("Rarlway"),right of way and property ("Railway Property"). The Connex provides that no work shall be commenced within Railway Property until the Contractor employed in connection with said work for City executes and delivers to Railway an Agreement,in the form hereof,and shall have provided Insurance of the coverage and limits specified in said Contract end Section 2 of this Agreement.if this Agreement is executed by other than the Owner,General Partner,President or Vico President of Contractor,evidence Is furnished to you herewith certifying that the signatory is empowered to execute this Agreement for the Contraotor. Accordingly,as ono of the inducements to and as part of the consideration for Railway granting palmiesion to Contractor to enter upon Railway Property,Contractor,effective on the date of said Contract,has agreed rind does hereby agree with Railway as follows: SECTION L RELEA,SB OP LIABILITY AND INDEMNITY Contractor agrees to release Railway from any claims arising from the performance of this Agreement which Contractor or any of jta employees,subcontractors,agents or Invitece could otherwise assert against Railway.regardless of the negligence of Railway,except to the extent that such cirrirns are proximately caused by the intentional misconduct or gross negligence of Railway, Contractor shall indemnify and hold harmless Railway for all judgments,awards,claims,demands,and expanses (including attorney a fees),for injury or'rsth to all persons,including Railway's and Conttactar'k officers and employees, and for lots and damage to property belonging to any person,arising in any manner from e`ontractorb or any of Contractor's suboontractors acts or ontisitons or failure to perform any obligation hereunder.THE LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AIP1rEC"I'ED BY THE FACT,IF IT IS A.FACT,THAT THE DESTRUCTION,DAMAGE,DEATH,OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OR RAILWAY,ITS AGENTS,SERVANTS,EMPLOYEES OR On ERWIsz,EXCEPT TO THE EXTENT THAT SUCR CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OP RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED RY 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 aonatrued as n requirement for the lndemnillcatton against the sole negligence of the Railway, les ofitoi ra, employees or agents for any work relattvo to the construction,alteration, repair, addition to,subtraction from,Improvement to,or maintenance of,any building,highway,road,railroad,eXeavatlon,or other ctrueturn, projeot, development, or improvement attached to real estate,including moving and demolition in conneotton therewith,performed In the State of Washington. rndamnfiletrtion against liability for damages artaing out of bodily injury to persons or damage to prapedy for any work relative to the construction,alteration,repair,addition to,subtraction from, improvement to, or matntenanee of, any building, highway, road, railroad, excavation, or other structure development,or Improvement attaohed to real estate,including moving and demoittfon In connection therewith,structure, d In the State of Washington and caused by or resulting from the concurrent negigance of the Railway end the Agency and Its agents or employees wit be onlorooable only to the extent of the negligence of the Agonoy and tin agentn and employees. 1 RIGHT OP ENTRY STATE OF WASHINGTON SEPTI3MEER 3, 1999 The Indemnification obligation shall include all claims brought by Contractor's employees against the Raliwey, 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 whidi 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 far in this Agreement shall survive any termination of this Agreement. SECTION t INSURANCE. (a).Before commencing any work tinder this Agreement,Contractor must provide and maintain in effect throughout the term of this Agreement instumtoo,at Contractor's expense,covering all of the work and services to be performed hereunder by Contractor and each of its suboontracurs,as described below: (1). Workers'Compensation coverage as is required by State law. THE CERTIFL ATE MUST CONTAIN A SPECIFIC WAIVER,OF THE HISURANCECOMPANY'SIUBROGATION RIGHTS 6,Q,A NST TILE BURLINGTON NORTHERN AND META 1'E 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 occnaenc a 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 CO 28 31 10 93 and the Limited Seepage and Pollution Endorsement(see attached copy). (b). The average train traffic per 24-hour period on this route is 2 switching movements at a timetable speed of ,)_QMPH. (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 WI,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 Ali ADDITIONAL INSURED. (e) Any coverage afforded Railway,the Certificate Holder,as an Additional Insured shall apply as primary and not excess CO any coverage issued in the name of Railway. 2 (f).Such insurance shall be approved by the Railway before any walk is performed on Railway's Property and shall be caaied until all work required to be performed on or adjacent to Railway's Property under the fetors of the contract is satisfactorily completed as determined by the city of Renton,Washington,and thererifter medal'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 inswnneacotnpaay,Grits 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(Sty,Kansas 65106 (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, (in).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 Context,t,and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of inautance. 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 for shall fully comply with Railway's"Contractor Requirements",including(but not limited to)clearance requirements and personal protecilveeouipmentrequirements, Contractor shall be responsible for fully informing itself as to Railway"Contractor Requirements". (b).Prior to entering Railway Property,each person providiug 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,I M.(Nikkei Cowries,telcpba ne 1, t ;l6146 fax(2001625.&115,at least thirty(30)calendar days in advance to arrange the necessary safety oricatation session(s), (c).Prior to en tering Railway property,the Contractor shall prepare and implement nt a safety action plan acceptable to Railway.Contractor shall audit its 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 than be available fur 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(246)425-644 hi advance of when flagging services will be required to bulletin the flaggers position and shall provide five(5)working days notice to the Roadrmaste r to abolish the position per union requirements. (b).Railway nagger 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 lino of the nearest track and when cranes tit similar equipment positioned outside of 25-foot horizontally front 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 (I).When in the opinion of the Railway's representative,it is necessary to safeguard Railway's Property, employees,trains,engines and facilites. (2).When any excavation is performed below the bottom of tie elevation,it;in the opinion of Railway's representative,track or other Railway facilities may be subject to movement a 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 circ blasting m 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 trade impassable. (a).Flagging stxvices will be performed by qualified Railway baggers. The base cost per hour for(1) nagger is$50.00 whist includes vacation allowance,paidholidays,Railway and Unemployment:insurance,Public Liability and Property Damage Insurance,health and welfare benefits,transportation,meats,lodging and aupervieluu,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 fracn Railway Brugloyees-Railway Managemexnt negotiadons 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 persaunel may bo required to protect Railway Property and operations,if decried necessary by the Railway's representative. (2). Bach time a flagger is called,the minimum period far 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 barna by the State/Contractor. (4).The average train traffic per 24-boor period on this route is 2 switching movements at a timetable speed of 1Q MPH SECTIONS.TRAIN DELAYS No wort perforated 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 ar suffered to be done by the Contractor at my 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 c nteliae 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 front 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 auangtene ms,if Railway does not meet its contract service couunitment.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 EXHIBIT B AGREEMENT BETWEEN CITY OF RENTON AND BNSF CAG-02-136 EXHIBIT B CAG-02-136 CONSTRUCTION AND MAINTENANCE AGREEMENT ' EN AND DROVE LAKE WASHINGTON BOULEVARD (RR MP 3.98) RENTON,'WASHINGTON RAILWAY Contract NO. Fire No AGREEMENT,made thisIt't'k►day of..4+t 2002.between THE BURLINGTON NORTHERN ANt) SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter referred to es the 'Railway', and RENTON.WASHINGTON,a municipal corporation,hereinafter referred to es the'Agonoy. RECITALS: WHEREAS; the Woodinville Subdivision is currently awned and operated by the Railway; and WHEREAS; In the interest of airing motor vehicle traffic the Agency le proposing to widen and improve the Lake Washington Boulevard at grade crossing,hereinafter referred to as the Prtjeci. WHEREAS; the centerline of the Lake Washington Boulevard et grade crossing crosses over the Railway's tight-oe way end mainline at railroad survey station 745+56.5,MP 3+6233„6',MP 3.98 on the Woodlnvdie Subdivision,and WHEREAS:the Project Is located In Lot 1 of Section 8, T 23 N, R 5 E,WM.as shown on the plane 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 dmf 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 vonneotion with said constnxtion be performed in accordance with plane and specifications to be prepared by the Agency,and WHEREAS: the Agency is willing to undertake the construction of said project with Agency funds, slate funds and such federal funds as may be available,and WHEREAS: the Railway Is willing to consent to the execution of the said prvlect upon the terms and oondltlona 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 coats and expenses therein Involved, end ARTICLE I AGREEMENT: NOW THEREFORE.in consideration or the covenants of the Agency hereinafter contained,and faithful performance thereof, Ralfway 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 eeUmttted cost thereof being as shown In Exhibit"B"attached hereto and made a part hereof. In the event that construotion of the Project has not commenced within six:(8)months from the effective d&te of this Agreement, Railway may, in Its sole and absolute discretion. revise the cost estimates set forth in said Exhibit "8". In such case, Railway shall provide to the Agency its revised cost estimates highlighting all changes that are made, Arty horn 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 Nem of work upon 1 written approval of Agency,if practicable, - The Railway may submit progress bilis 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. 11 the billing is disputed for any reason,the Agency will promptly notify the Railway end 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, end centred preparation; (b) Remove the existing crossing surface,Place a 180'concrete crossing,complete with new ties, ballast and engineering fabric. (o) 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 requked 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 niatarials,and in accordance with and subject to the terms and provisions of Fedora!Highway Administration'a f'HPtit 143,as amended. All applicable portions of the Federal Highway Administration's FidPM 862.1 as amended and WPM 143 as amended are by reference Incorporated herein and made a part hereof. ARTICLE i IN CONSIDERATION of the covenants of Railway herein set forth and the faithful performance thereof, Agency agrees as follows: 1. To furnish to Railway pians 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 commenoernent of construction. After having bean approved by both parties hereto, said plans and specifications ere hereby adopted and Incorporated Into this agreement by reference, 2. To acquire, at no cost to Railway, ail rights of way necessary for the construction of the Project. 3, To make any and all arrangements to oscura 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. 'reconstruct 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 (a) Necessary Grading end Paving of the roadway approaches to the crossing and furnish and place asphalt concrete paving up to the crossing. (b) Furnish and plane advance warning signs and standard pavement parldngs for the railroad at grade crossing. (c) Furnish the railroad with the inter-tle connection from the Agency's contdler to the railroads Signal controller. (d) Perform ell 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. An work of construction with respect to said Project shag 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. 8. To require Its contractor(s)to notify Railway's Roedmaster at least SO calendar days In advance of commencing work on Railway property or near Railway's tracker,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 at Public Projects,for approval,four copies of plans and two eels d 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 entities 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 woridng In the Hallway ran corridor to determine of any other fiber aptio lines may exist. (b) The telecommunication companies shall be responsible for the rearrangement of any faclittlee 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 it,Sections 6,7,8,8, 10,(a)and 11 (b), and In Article HI, Sections 9,4, 10,and 11,and the provisions sat forth in the°Right-of-Entry Agreement'attached hereto and by reference mads a pert 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 work narttic Nie manner, and in accordance with plans and specifications approved by Railway, Those changes or modifications during construction that affect safety or Railways operations shall also be subject to Rahway'.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(1) executed end delivered to Railway an Agreement In the torn of 'The Right-of-Entry Agreement"delivered to and secured Railways approved of the insurance required by said"Right-ot•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 Iacilllles, bo removed from the Project for Incompetence, neglect of duty,unsafe conduct or misconduct. In the event Agency or Ite contractor elects not to honor such request, Railway may stop work within its right of way until the matter has been fully resolved to Railways 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 end Invitees shell wear the current I3NSF Personnel Protective Equipment (PPE" when on the Railway's rail corridor, Railway PPE shall meet applicable OSHA said ANSI specifications. Ecdsting Railway PPE requirements are; (I) safety glasses; permanently aifixed side shields;no yellow lances;(ft)hard hats with high visibility orange cover;(Ni)safety shoes with hardened toe,above the snide taco 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 Railways Manager Public Projects,in writing,of the completion date of the Project within thirty(SO) 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 maidng final Inspection of the Project, ARTICLE IQ IN CONSIDERATION at the premises,it is mutually agreed as follows: 1. That ail work contemplated in this agreement shall be.performed In a good end workmanlike manner, in accordance with plans and specifications approved by ENSF, and each portion shat!be promptly commenced by the parties hereto obligated to do the same and thereafter diligently prosecuted to conclusion in hs logical order end 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 shell to the extent reasonably practicable adhere to the construction schedule for all Project work. The parties agree that Railway'e 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 contiul, will not constitute a breach of this Agreement by Railway nor subject Railway to any ilablihy or responsibility for added expense to the Agency. '1. In the event of an unforeseen railroad emergency and regardless e4 the requirement° of the construction schedule, Railway reserves the right to reallocate all or a portion of hs labor tomes assigned to perform the Railroad Work when Railway believes such reallocation Is necessary to provide for the Immediate restoration of railroad operations of Rahway or Its affiliates or to protect persons or property on or near any Railway owned properly or any related railroad. Railway will reassign such labor forces to again perform the Railroad Work when, In he sole but good faith opinion,ouch emergency condition no longer exists. Railway will not be liable for any add tienai costs or expenses of the Project resulting from any such reallocation d 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 Ii any Agency Contractor ehe!l prosecute the Project work contrary to the Plans and Speofftcations or if any Agency Contractor shall prosecute the Project work to a manner Railway deems to be hazardous to its property, facilities or the safe and expeditious movement of its traffic, or the insurance described k1"The Rlght•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 t7lvielon 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 net limited to,aotions 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 1$of this Article Ill. 6. The Agency shall supervise and Inspect the operations of all Agency contractors to assure compliance with the plans and specifications,the terms of this agreement and all safety requirements of Agency, if at any time during 4 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 noel),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 lees 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 Prcjoct. Each notice shall make reference to Railway's file name Renton.WA.-Widen and improve Lake Washinotori Sputevard 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, care and on track maintenance equipment, over Railway's tracks, 9. After completion of the construction of the Project es here In above described: (a) Railway will maintain at its sole coat and expense the crossing surface and Signals In accordance with state law. (b) Agency at its sole cost and expense, maintain ell 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, It work Is contracted, Agency will require its contractor(s)to comply with the obligations In favor of Railway, eel forth in the"Right-d-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 (a), 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 ot (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 performanoe, 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 cl 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 mall,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.96134.1461 Telephone No: (206)6266148 Teiecopy No.:(208)625-8115 5 With a copy to: Division Engineer 2464 Occidental Ave.So.—Ste 1-A Seattle,WA.98134 Telephone No.(208)826.8363 Telecopy No.(208)625-6285 Roadmaster 602 West 34 St P.O.Box 37 Ellensburg,WA.98928 Telephone No.(206)6264880 Telecopy No.(208)825-0527 RENTON.WASHINGTON Un Wilson Design Supervisor Transportation Systeme Division 1055 South Grady Way Renton,WA.98055 Telephone No.(425)430-7223 Teleoopy No,(425)430-7376 IN WITNESS WHEREOF,County has caused this Agreement to be executed and witnessed by its duly qualified and authorized officiate,and f3NSF has executed this Agreement,both as of the day and year first above written. THE BURLINGTON NORTHERN AND SANTA L-WAY OM ANY By Ma ger Public Projects WITNESS: CITY OF R N,WASHINGTON alv"444"4=0°1°1e Jesse airier, Mayor ATTEST: )6'7 4 ..t. `daz�-e'�? . Bonnie I. Walton, City Clerk 6 IS 5E, W.M. i,._ ILVD. IMPROVEMENTS /R E . Ir. 0 N DEVELOPMENT Sim �, 4 I�t1aP ID SCALE DRA1CING INDFX4NOT• COVE SHEET (CIVS..). SHT C1 • • iiiiiw PLAN & PROFILE STA 9+96 TO STA 14+60.....« SHT C2 illip • PLAN & PROFILE STA 14+60 TO STA 20+00 «.SHT C3 lb �` C� 111 PLAN & PROFILE STA 20+00 TO STA 23+00 SHT C4 .� ��(1F1 PLAN do PROFILE OOLILON PARK ENTRANCE..« SHT CS .i..,... � • ' 1 ROAD GEOMETRY STA 9+98 TO STA 14+60....... ....« SHT C6 'F...r',y„�„- 1 , r ROAD GEOMETRY STA 14+60 TO STA 20+00...........»............».«., SHT C7 •, .1!..-_,,,,.... �..-• irimiii �� ROAD GEOMETRY STA 20+00 TO STA 23+00.,..»....».»....» SHT 08 r , �' ROAD GEOMETRY STA COULON PARK ENTRANCE....................».».» SHT CO r 0 3 EROSION CONTROL STA 9+96 TD STA 14+60...».« »...SHT c1( EROSION CONTROL. STA 14+60 TO STA 20+00...... . »SHT C11 r EROSION CONTROL STA 20+00 TO STA 23+00 . ... .......SHT 012 V.,:. EROSION CONTROLCOULANPARKENTRANCE......«.......».................:..SHT C1:///f.,..:/:/e. I / • UTILJTY COORDINATION PLAN ......«................»....«....»......,«........»...SHT 014 /; / �` uiiuw Co0R0 NAT 0sl PLJrN ......................................_.... .......«.....SHT Ct` /� DRIVEWAY ACCESS EASEMENT...........—.....»...............».. ............._.....S141 C1f / = rK 4.. ROAD SECTIONS.... .........»..... ...SHT C17 �/j DETAILS» SHT CIE • DETAILS.. «..-SHT C1 E . C 2 .. ... . DETM S..,....... W1Yi�r ..ti:..» ».»..». .............«.. SF1T C2f » »»»� ?"\12./(4:'' NOTES & SPECIFICATIONS. SHT 021 LAKE WASH BLVD/PARK AVE N CHANNEWATTON PLANSHT 21 LAKE WASH BLVD STA 13+26 TO 18+66.CHANNEUTATION PL AN....SHT CH .a LAKE WASH BLVD/SITE ACCESS CHANNELIZATION PIAN SHT CH ;///.--"\\' 'Tit. LAKE WASH SLVD/PARK AVE N TRAFFIC SIGNAL PLAN SHT 151 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 WRING DIAGRAMSHT TS LAKE WASH BLVD/SITE ACCESS SIGNAL STANDARD DETAILS SHT TS; •, , 1 \ 3?IA.2. L JV f1(l�‘'� F -A;✓, , . ti � }� CHECKED FOR t:OMPL1AFt 99323.02 TO CMSTANOAROS o•n_ 0 BUSH, ROED & HITCHING , INC. a.1.— GIVIL INOiN l ti t LAND suntrONS oeh. ka- -'' '"' ...A11414M 1 1 1 i { l I • E 5E, W.M. �/R E ri a N SIZE ! -`' "ri y VICINITy MAP„ \iT NOT TO SCAM 1 O►A E .\1 estfil 1 13,i% 4 1,..0,shi S y 1 � ;. SECO�d�EYEIOFitE}ET RIC , �'S sow NE$111"mit',stt. 200 BRUME, WA`?�+�;;� MONO O((424 t -3085 I ar i `ek, I QZk! tiEEB: k4qti �t`;�;i 4714 11$'111 AVENUE f1 rt.too 41,,. a 1 tKIRKLAND, WA 9$034 CONTACh 1 x},, MONO (42aa + ra PE / CIV AV'. 4� 1A `h y ,1�, �, i%! p NR. CNG SIGNAL. r.../ r 1 OCA110N�_/�lGN TO 8E CCgR4. IM1M ., r ... I ; IFE TR/UrS'PQ ORCUp, WCJ 4!,, '-'°5'4'''''ir',', yid'(/ )t�6`'�" 1.,,,:-,,,, ® QONCR TC0 R,R. ,RACK NO APRON • t" (D WORD.•11411♦8 fir. �.�.�, , , ,i�l • :�� ' (ii COST. AOCESS ENT. li1RU 8,N•S,F. RAW. ss# ,,� /�, 10 00i f ft '�"l AREA R 10,731 SF ;` ''�//-070' fin+ j ,. `$*,; COt. I. e PROPOSED AREA•4oA'G I fi. Rik; a N.6 K. &M, r31 Sf , ,, i ! lt, ? A % PROPERTY UNE?tr < , •. .!i :k0�• •i •• 10 I EX EASEMENT U NE . ...._ _ . . ;�.**.!ta-eYt,l r. /„ N4 NEW EASEMENT UNE «——.r.–.+) , ik ilk tit. (/VJ 1v, •1 g i%, / d 17 1 E_)04‘6\3 •‘ As Fe N t v LSF. R.O.W. B.N.SF R0.►W f„,,,,i I ;La .. y` CNECKED FOR COMPLIANCE i.7r.-Irm 99323.02 T4 CITY STANDARDS BOX RO1rD Al KETC111140 , INC. �":._� oat. • I + ****' MAINTAIN PROPRIETARY CONFIDENTIAL(; THE B. N. S. F. RAILWAY COMPANY RPM ESTIMATE FOR CITY OP RENTON LOCATION • SCOPA DETAILS Of ESTIMATE PURPOSE, JUSTIFICATION AND DESCRIPTION DESCRIPTION QUANTITY U/M COST TOTAL I LABOR 11.11..*..*. PLACE FIELD WELDS 34.88 MH 685 REMOVE CROSS TIES 52.32 NH 939 REMOVE PUBLIC CROSSING 52.32 MH 939 REMOVE RAIL/OTM 62.32 NH 939 REPLACE CROSS TIES 167.86 NN 3,010 REPLACE PUBLIC CROSSING 167.86 MH 3.010 REPLACE RAIL/OTM 167.86 MN 3,010 SURFACE TRACK 52.32 NH 939 UNLOAD BALLAST ;0.71 MN 372 UNLOAD CROSSINB MATERIAL - PUBLIC 6.54 MN 120 WORK TRAIN • BALLAST 7.50 MN 20; PAYROLL ASSOCIATED COSTS 6,805 EQUIPMENT EXPENSE; 4,893 SUPERVISION EXPENSES 9,127 INSURANCE EXPENSES 2,119 TOTAL LIBOR COST 39,716 39,716 MATERIAL BALLAST. FROM DELTA YARD 360.00 NT 1,119 WORK TRAIN FUEL - BALLAST 180.00 GAL 139 RAIL, 115 L8 NEW WELDED PREMIUM 200,00 LF 2,126 SPIKE, TIMBER SCREW, 5/8112 IN, F/ROAD XING 240.00 EA 238 TIE, TRK,10'.,PRE•PLATEO,PANDROL,6 1/2',ROUND 120.00 EA 0,650 TIE, TRK,GRADE 5,PRE•PLATEO,PANOROL,5.5",S0 H 10.00 EA 640 WELD, KIT, GENERIC FOR ALL RAIL WEIGHTS 4.00 KT 226 CONC 115 08-SEC WITH FILLER FOR W000 160.00 TF 22,916 STORE EXPENSES 883 ONLINE TRANSPORTATION 1,812 USE TAX 2,398 OFFLINE TRANSPORTATION 292 TOTAL MATERIAL COST 41,443 41.441 OTHER *****1111*** ASPHALT FURNISHED IN PLACE (100 NT) 1.00 IS 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 SOD TRAFFIC CONTROL 1.00 L5 S00 TOTAL OTHER ITEMS COST 16,300 18,300 PROJECT SUBTOTAL 99,451 CONTINGENCIES 8,317 BILL PREPARATION FEE 539 GROSS PROJECT COST 108,713 LESS COST PAID EY BNSF 0 TOTAL BILLABLE COST 108,313 11 LXk161i � CONTRACTOR'S RIGHT OF ENTRY AGREEMENT POE CONSTRUCTION pRoncrs ON OR ADJACENT TO PROPERTY OF THE BURLINGTON ON NOR T Ili RN AND SANTA PE RAILWAY COMPANY Gentlemen: The ttndei signed,hereinafter referred to as Contractor,has entered into a Contract dated-„----� 2402,with Renton,Washington{'scfy")for the performance of certain work in conn the project.The widening and the improvements to the Washington Boulevard at-grade arostion e n in tete performance of which work the Coalractor will necessarily be required to conduct operations within T Ing BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY(Railway",right of wet and ("Rahway pcoporty"). The Conttstctprovidcs that no work shall be cotnntct►ced within RailwayPro Contractor employed In connection with said work for City executes and delivers to Rra aft Property u til the reement,in th hereof,end shalt have provided insurence of the coverage and limits specified in said Contract and Section 2 of this form Agreement.If this Agreernent is esteemed by other than the Owner,General Partner, Contractor,evldonoc is furnished to you herewith certifying that Ric signatoryi owPrerdo t or ec to thissiof for the Contractor, empowered to atecattt Agreement Accordingly,as one of the inducements to and as part of the Consideration for Railway grazing permission Contractor to enter upon Railway Property,Contractor,effective on the dale of said Contract,has agreed and does hereby agree with Rahway as follows: SECTION I. RELEASE OF LIABILITY AND DTDEntorry Contraotor agrees to release Railway foam any claims arising from the Contractor or any of its employees,subcontractors, performance of this Agrootncsni which of the actor negligence of Railway, �agents or invitees could otherwise assert against Railway,regardless or gross negligence of Raiay,except to the extent that such claims are proximately caused by the intention„!misconduct Contractor shall Indonutify and hold hannlesa Railway for all judgments,awards, (including Attorney's fees),for fury or death to all pentane,including Railway's wed Contractor's� `df' a expenses and for loss and damage to property belonging to soyay manner tCne orttcors tyd fmpIoyc , Contractor's subconerxctocs'sets or omissions or failureoto pnerfo re y obligation hereunder. :Amman ASSUMED BY CONTR4hCTOR SHALL NOT BR AFFECTED BY THE FACT,TF IT Is A PACI$,THAT THE DESTRUCTION,DAMAGE,DEATH,OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO,BY DW NEGLIGENCE OF RAILWAY,ITS AGENTS,SERVANTS,.EMPLOYS OR OTHERWISE,EXCEPT TO DIE EXTENT THAT SUCH CLAIMS ARE PROMM/VATELX CAUSED BY THE INTENTIONAL MISCONDUCT OR CROSS NEGLIGENCE OFRAitwAY, THE Ixn1 MNIVICATION OBLIGATION ASSUMED BY CONTRAC'IroR SHALL,.INCLUDE ANY CLAIMS,SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT INCLUDING CLAIMS FOR STRICT LIABILITY APPLIANCE ACT OR THE BOILER INSPECTION'ACT,WHENEVER SO CLAIMED.EDTHE SAFETY Nothing In this agreement Is intended to be construed as a requirement for tan Indemnification against the tote negligence of the Railway, its °Moore, employees or agents for any work reletive to the Co addition to,subtraction from,improvement to,or maintenance of,any building, railroad, excavation,alta nre li rr atructure, project, development, ori rovelutding ,road, nd dem lioInor other therewith,performed In the State of Waehtn9tan,t Indemnification againreal st liabilityfor therewith, or dente to toe gmovingmg And demolition In connection 8e property rty for any work relative to the construction, , re damages ddsing out subtractionbodily injury to , improvement to, or maintenance of, any building, highway, mad, railroad, +excavation, or otheroettru trrefrom, development,or Improvement attached to roal estate,Inoluding moving and demolition in to in tiro State of Washington and caused nyteotlan therewith, � project, its agents or employees will be enforceable ontyl to t+ao extent of the ut}! negligence of the Agency and performed ent gsgenoo of the Agent and the gnand employees. 0 Yits agents rind RIGHT OP 1 TRY STATE OP WASHINGTON SSPIEMMER 3, 1999 The indemnification obligation shall Include all claims brought by Contractor's employees against the Railway, tts agents,servants,employees or otherwise,and Contractor expressly waives Its immunity under the Industrial insurance act (RCW Title 31)and aesumes 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 wilting,of the receipt or dependency of such claims and thereupon Contractor shall proceed to adjust and handle to a conclusion such claims,and in the event of a suit brought against Railway,Railway may forward summons and complaint or other process in connection therewith to Contractor,and Contractor,at Railway's discretion, shall defend,adjust,or settle such suits and protect,indemnify,and save harmless Railway from and against all damages, judgments,decrees,attorney's fees,costs,and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement shall survive any termination of this Agreement. SECTION 2. INSURANCE. (a).Before commencing any work under this Agreement,Contractor must provide and maintain in effect throughout the term of this Agreement insurance,at Contractor%expense,covering all•of the work and services to be performed hereunder by Contractor and each of its subcontractors,as described below, (1). Workers'Compensation coverage as is required by State law. THE CERTIFICATE MUST QVTAIN A SPECIFIC WAIVER OFTHEINSU1iANCE COMPANY'S SUBROGATION Qt9UTS AGAINST THIS 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 CO 00 35 01 96 and endorsed to include ISO form CO 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,1 passenger trains at 1Q mph and Q.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 THS BURLINGTON NO)IIIM_RN AND AWI A IE RAILWAY C MZ PANY IS,11N A.D1ZrrIONAL 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 (1).Such insurance shall be approved by the Railway before any work is performed on Railway's Property and shall be tarried 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)],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).Pull 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.(Mikel Coldest telephone(2061 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 linuny Pang the Railways Roadmaster at telephone(206)62,5-6462,in advance of when flagging services will he 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 tic 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,conununications,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 io making the track impassable. (a).Flagging services will be performed by qualified Railway naggers. The base cost per hour for(1) flagger is 550.00 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. 'Ileac rates art 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 costa 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 coat 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 2h-hour period on this route is freight movements at a timetable speed of 1Q MPH,jpasscnger trains at a timetable speed of 1Q MPH and Qswitching movements. SECTION 5.TRAIN DELAYS No work performed by Contractor shall cause any interference with the constant,continuous and uninterrupted use of the tracks,property and facilities of the Railway,it's lessees,licensees or others,unless specifically permitted under this agreement,or specifically authorized in advance by the Railway Representative.Nothing shall be done or suffered to be done by the Contractor at any time Chat 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 (I),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 ii 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 coveted by this Agreement,Railway will share information relevant to any passenger train delay to the maximum extent consistent with Rail way 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 5304.28(for 199$1 per freight train hour for each freight train delayed as determined from Railway's records,Bach delay may cause delays to more than ono freight train at the same time.These rates will be updated annually and Contractor will be billed at rate per hour in effect at the time the delay occurred. Kindly acknowledge receipt of this letter by signing and returning to the undersigned two original copies of this letter,which,upon execution by Railway,shall constitute an Agreement between us. Yours truly. CITY OF RENTON (Con.,_ tor) The Burlington Northern and Santa Fe Railway Company By , • tom " By ease anne Manager Public Projects Mayor (ride) Accepted this day of , 1055 S. Grady Way 2001 Address Renton WA 98055 City, State, Zip. ATTEST: GO714tLL OattolAJ Bonn4e 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 1. of Coverage A. of this Policy shall not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by: a) unintended fire,lightning or explosion: or b) a collision or overturning of a road vehicle: or c) a collision or overturning or derailment of a train, Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to: 1. loss.of,damage to or loss of use of property directly or indirectly resulting from sub-surface operations of the Insured, and/or removal of,loss of or damage to sub-surface oil, gas or any other substance; 2. any site or location used in whole or in part for the handling,processing, treatment,storage, disposal or dumping of any waste materials or substances; 3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances; 4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured. 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At the Park Drive/Garden Avenue/Lake Washington Boulevard intersection,the Fully Built as Part 1 existing channelization on the Park Avenue approach will be restriped to improvements and accommodate one shared through/right lane, one through lane, and two left-turn Renton's Garden Ave. lanes. Improvement Project. 2. On the Lake Washington Boulevard approach,the approach will be restriped to Fully Built as Part 1 accommodate one right-turn lane and two left-turn lanes. improvements 3. The westbound free right-turn lane from Park Drive to Lake Washington Boulevard Fully Built as Part 1 will yield to the eastbound left turning vehicles from Park Avenue to Lake improvements Washington Boulevard. 4. A signal will be provided at the Lake Washington Boulevard/Houser Way/Site Underway; scheduled Access/Park Access intersection. to be completed as part of the Part 2 improvements 5. The Subject Site/Gene Coulon Park shared access approach will be widened to four Underway; scheduled lanes (one left-turn, one right-turn, and two entering lanes). to be completed as part of the Part 2 improvements 6. The section of Lake Washington Boulevard between Park Drive and the joint To be completed as Site/Gene Coulon Park shared access will be widened by approximately 12 feet to part of the Part 3 accommodate two southbound lanes, one northbound left turn lane, and one improvements northbound shared through/left turn lane. 7. Left turns in and out of the Boeing parking lot will need to be restricted in order to Circumstances have minimize the safety hazard. One solution could be placement of c-curb along the changed such that no centerline of Lake Washington Boulevard just north of Park Drive to restrict left turns longer necessary; into and out of the Boeing parking lot. Alternate parking lot access may be available willing complete as from North 10`h Street. Prior to final design, coordination with Boeing shall occur to part of final phase of determine specific mitigation. Renton shall assist with coordination efforts as Southport needed. development 8. The two railroad crossings,the Burlington Northern and Santa Fe mainline on Lake Started in 2003; Washington Boulevard and the spur line on the joint Site/Gene Coulon Park shared scheduled to be access road,will be improved to include shoulder mounted cantilevers, signal and completed as part of gates at both crossings. Part 2 improvements Transportation Credit Agreement Page 8 EXHIBIT 4 Calculation: Transportation Project Costs and Transportation Mitigation Fees Phase 1 Calculation:Transportation Project Costs and Transportation Mitigation Fees Phase 2 Calculation: Transportation Project Costs and Transportation Mitigation Fees Phase 3 Transportation Credit Agreement Page 9 Exhibit 4 Part 1 Project Improvement Costs and Trip Credits Project Element Project Costs Public Benefit Private Benefit BNSF Work $363,348 City of Renton Work $43,744 PSE Work $4,234 Gross Project Cost $411,326 Less: FHWA Grant -$149,501 Net Project Cost $261,825.00 $130,913 $130,913 Project costs contribution by SECO in 2002 $209,937 Bristol II mitigation fee paid by SECO in 2006 $113,927 Total project costs and mitigation fees paid by SECO $323,864 Public Benefit project cost deduction -$130,913 Balance of project costs paid by SECO $192,951 Private Benefit project costs deduction -$130,913 Balance after total project costs have been paid by SECO $62,039 Deduction for City administrative costs @6%of BNSF Work -$21,801 Balance of SECO payments after project and administrative costs (credit) $40,238 Gregg Zimmerman's analysis of balance at end of Part 1 (owed by SECO) -$34,647 Average difference to Part I Trip Credits Account Ending Balance $2,796 12/11/2015 Exhibit 4 Part 2 Improvements Project Costs and Trip Credits PART 2 IMPROVEMENT COSTS Cost Incurred Estimate to Contractor/Vendor Description to Date Complete Total Cost BNSF Easement Permit City of Renton BNSF Easement Agreement $75,850.00 $0.00 $75,850.00 Alston Courtnage&Bassi Tom Read-Legal Services Entrance Eas $12,646.02 $0.00 $12,646.02 TIC Surveying Access Easement Surveying $4,675.00 $0.00 $4,675.00 Reprographics NW Misc.Reprographic-Access/Entrance F $1,258.31 $0.00 $1,258.31 Total Cost of Aquiring Easement $94,429.33 $0.00 $94,429.33 Design Costs TENW LLC Traffic Engineering Design for Entrance $77,112.90 $0.00 $77,112.90 Coughlin Porter Lundeen Civil Services $14,542.34 $3,457.66 $18,000.00 CTC Preemption Timing Engineering-sensor locations $13,157.85 $0.00 $13,157.85 Hart Crowser Engineering $5,162.50 $0.00 $5,162.50 Bush,Roed&Hitchings Engineering $3,548.03 $6,800.00 $10,348.03 Total Design Costs $113,523.62 $10,257.66 $123,781.28 Construction Costs John Skochdopole Entrance Improvements/Civil Consultin $9,155.00 $0.00 $9,155.00 Sellen Construction Intersection Contract $782,381.00 $119,724.00 $902,105.00 TENW LLC Construction Support $43,019.99 $0.00 $43,019.99 Prime Electric Electrical/Traffic Lights $173,470.00 $0.00 $173,470.00 Mayes Testing Asphalt Testing . $2,776.25 $2,702.25 $5,478.50 ARC Document Solutions Reproduction Costs $111.22 $0.00 $111.22 BNSF Railway Company BNSF Flagging $49,923.65 $20,076.35 $70,000.00 Taylor Agency&Marsh Insurance $31,217.20 $0.00 $31,217.20 PSE&Potelco Trenching/Electrical/Street Light $33,655.49 $36,344.51 $70,000.00 Burlington Northern Equipment $0.00 $5,000.00 $5,000.00 Total Construction Costs $1,125,709.80 $183,847.11 $1,309,556.91 PART 2 IMPROVEMENTS TOTAL PROJECT COSTS $1,333,662.75 $194,104.77 $1,527,767.52 Public Benefit* PART 2 MITIGATION FEE TRIP CREDITS CALCULATION Project Costs Costs Private Benefit"Costs BNSF Easement Permit(@100%public benefit) $94,429.33 $94,429.33 $0.00 Design Costs,Work Items 4,5 and 8 (@100%public benefit) $123,781.28 $123,781.28 $0.00 Construction Costs,Work Items 4,5 and 8(@50%public and private benefit) ########### $654,778.46 $654,778.46 Total Project Costs separated by Public and Private Benefit ####86#8888 $872,989.07 $654,778.46 Part 2 Improvements Trip Credits Available $872,989.07 Southport Hotel Traffic Mitigation Fee • Wally • mitigation Use Rooms Trips"` Fee/Trip Hotel 350 rooms 2,336 $75.00 -$175,200.00 PART 2 Improvements Trip Credits after mitigation fee deduction $697,789.07 MITIGATION FEE TRIP CREDITS ACCOUNT CALCULATION Part 2 Mitigation Fee Trip Credits $697,789.07 Part 1 Trip Credits Account Ending Balance $2,796.00 MITIGATION FEE TRIP CREDITS ACCOUNT ENDING BALANCE(after Part 2 improvements and South $700,585.07 The label"public benefit"indicates the portion of the project cost that is attributable to use of the transportation improvements by others(not required to support the Southport development) " The label"private benefit"indicates the portion of the project cost that is attributable to the Southport development ""Daily trips for the hotel are documented in Exhibit 5 • 12/11/2015 Exhibit 4 Part 3 Improvements Costs and Trip Credits • PART 3 IMPROVEMENTS COSTS Cost Incurred Estimate to Contractor/Vendor Description to Date Complete Total Cost Design Costs Unknown Unknown $0.00 $100,000.00 $100,000.00 Total Design Costs $0.00 $100,000.00 $100,000.00 Construction Costs Unknown Unknown $0.00 $1,000,000.00 $1,000,000.00 Total Construction Costs $0.00 $1,000,000.00 $1,000,000.00 PART 3 IMPROVEMENTS TOTAL COSTS $0.00 $1,100,000.00 $1,100,000.00 PART 3 IMPROVEMENTS MITIGATION FEE TRIP CREDITS Public Benefit* Project Element Project Costs Costs Private Benefit**Costs Design Costs,Work Item#6(@50%public and private benefit) $100,000.00 $50,000.00 $50,000.00 Construction Costs,Work Item#6(@50%public and private benefit) $1,000,000.00 $500,000.00 $500,000.00 Totals $1,100,000.00 $550,000.00 $550,000.00 Part 3 Mitigation Fee Trip Credits $550,000.00 Part 2 Mitigation Fee Trip Credits Account Ending Balance $700,585.07 Total Mitigation Fee Credit Account Balance $1,250,585.07 MITIGATION FEE TRIP CREDITS ACCOUNT CALCULATION Daily Mitigation Mitigation Fee Use Square Feet Trips*** Fee/Trip Due Office Building 1 Traffic Mitigation Fee Office 258,021 1,950 $75.00 -$146,250.00 Office Building 2 Traffic Mitigation Fee Office 253,357 1,915 $75.00 -$143,625.00 Street Level Retail 57_01 167 $75.00 -$12,525.00 Total Office Building 2 259,058 2,082 -$156,150.00 Office Building 3 Traffic Mitigation Fee Office 208,101 1,573 $75.00 -$117,975.00 Street Level Restaurant 3 588 195 $75.00 -$14,625.00 Total Office Building 3 211,689 1,768 -$132,600.00 MITIGATION FEE TRIP CREDITS ACCOUNT ENDING BALANCE $815,585.07 * The label"public benefit"indicates the portion of the project cost that is attributable to use of the transportation improvements by others(not required to support the Southport development) ** The label"private benefit"indicates the portion of the project cost that is attributable to the Southport development "*"Daily trips for each use are documented in Exhibit 5 12/11/2015 EXHIBIT 5 TENW Transportation Mitigation Fee Calculation Methodology Memo Transportation Credit Agreement Page 10 6TENW Transportation Engineering North West MEMORANDUM DATE: November 23, 2015 TO: Bill Stalzer FROM: Jeff Schramm TENW SUBJECT: Southport-Trip Generation Calculations TENW Project No. 5036 This memorandum provides clarification and additional description of the trip generation calculations for the remaining hotel and office phases of the Southport project. The information in this Memo is also intended to respond to comments presented in Item A of Gregg Zimmerman's November 6, 2015 Letter. Project Description Southport is a mixed-used development that has received approval for up to 750,000 square feet(SF)general office building gross floor area (GFA),,350 hotel rooms, 383 multi-family residential units, 30,000 square feet of gross leasable area (GLA) for specialty retail uses, and 10,000 square feet of GFA of restaurant use. The multi-family residential units are completed, a 350 room hotel is under construction, and a building permit has been submitted for three office buildings totaling 719,479 SF of GFA. Table 1 below summarizes the hotel and office uses and the corresponding ITE land use classifications consistent with the transportation analyses in the Southport Development Planned Action DSEIS (June, 1999) and the Southport Development Planned Action FSEIS (September, 1999). Attachment A contains the definitions of GFA and GLA, and the referenced land use classifications, all from the 6th Edition of the ITE Trip Generation Manual Table 1. Southport Land Use Summary 6th Edition Size ITE LUC Hotel 350 rooms 310 Office Building 1 Office 258,021 SF GFA 710 Office Building 2 Office 253,357 SF GFA 710 Specialty Retail* 5,701 SF GLA 814 Office Building 3 Office 208,101 SF GFA 710 Restaurant 3,588 SF GFA 831 * not part of the general office use or hotel Transportation Planning ) Design ) Traffic Impact&Operations 11400 SE 8th Street,Suite 200,Bellevue,WA 98004 I Office (425) 889-6747 Memorandum-Southport Trip Generation The daily trip generation values in the Southport Planned Action EIS documents were calculated using the ITE 6th Edition Trip Generation Manual and methodologies established in that manual. The following sections describe the trip generation calculations and methodologies for the office, hotel, and retail/restaurant uses, as well as the application of the internal capture and pass-by trip rates. Attachment A provides pages from the 6th edition ITE Trip Generation manual related to building area definitions and land use definitions for Hotel and General Office Building, as well as hotel occupancy and office trip generation calculation methodology. Office The daily trip generation for the office was calculated using the ITE fitted curve equation and not the 1 1 .01 trip rate; the 9.14 daily trip rate documented in the Southport EIS documents and other subsequent documents, was a rate derived after the daily trip generation was calculated using the equation for Plans that included 500,000 sf office. The methodologies established in the ITE Trip Generation Manual recommend the application of the fitted curve equation based on the number of studies, R-squared value, and standard deviation. The evidence that the fitted curve equation was used in the Southport EIS documents is found in the fact that separate derived trip rates were identified in the trip generation tables depending on the size of the office use. i.e. 9.14 derived daily trip rate for 500,000 sf office (Southport EIS Plan B)and 8.32 derived daily trip rate for 750,000 sf office (Southport EIS Plan C). Using the fitted curve equation from the 6th Edition ITE Trip Generation manua/for 719,479 sf office results in 6,041 daily trips. In order to assess the daily trip generation for each of the 3 office buildings separately, a derived trip rate was used. The derived trip rate is 8.40 which is 6,041 daily trips divided by 719,479 sf GFA of the total office. Hotel The daily trip generation for the Hotel used the ITE 6th Edition Trip Generation Manual based on the number of Occupied Rooms. The ITE Manual 6th edition identified an 83% occupancy rate for Hotel 'LUC 310. Consistent with the methodology in the Southport EIS documents, the 83% occupancy rate was applied to the total 350 hotel room count to establish 291 occupied rooms for the purpose of estimating daily trip generation. The daily trip rate of 8.92 per occupied room was then used to estimate daily trip generation. This calculation is provided in Attachment B. Additionally related to the Hotel Use, the ITE 6th Edition Trip Generation Manua/indicates that: "Hotels are places of lodging that provide sleeping accommodations and supporting facilities such as restaurants, cocktail lounges, meeting and banquet rooms or convention facilities, limited recreational facilities (pool, fitness room), and/or other retail and service shops." Standard traffic-engineering practice assumes that the daily trip generation rate for the hotel use includes all of these complementary uses. This is consistent with the methodology in the Southport EIS, and the trip generation calculations for the hotel provided in Attachment B. TENW November 23,2015 Page 2 Memorandum-Southport Internal Capture and Pass-by Factors Consistent with the methodology in the Southport EIS, daily trip generation calculations used a 10 percent factor to account for the internal "capture" of vehicle trips within the development due to the mix of land uses on the site. Pass-by reductions for the retail and restaurant uses were also based on rates established in the ITE Trip Generation manual and are the same as previously calculated in the Southport EIS. Attachment B provides the updated daily trip generation calculations for the currently proposed hotel, office buildings, and retail/restaurant areas of the Southport project buildout. Attachments: A. Pages from ITE dh Edition Trip Generation Manual B. Daily Trip Generation Calculations TEN W November 23,2015 Page 3 Memorandum-Southport ATTACHMENT A Pages from 6th Edition ITE Trip Generation Manual TRIP GENERATION Gill Edition • Volume 1 of 3 T•TRIP GENERATION RATES, PLOTS, AND EQUATIONS • Port and Terminal (Land Uses 000-099) Industrial/Agricultural (Land Uses 100-199) • Residential (Land Uses 200-299) • Lodging (Land Uses 300-399) • Recreational (Land Uses 400-499) i0- Institute of Transportation Engineers Friday) average vehicle trip generation enclosed, this GFA is considered part of rate during a 24-hour period. the overall square footage of the building. However, unroofed areas and unenclosed The average Saturday trip rate is the roofed-over spaces, except those con- weighted average Saturday vehicle trip tained within the principal outside faces generation rate during a 24-hour period. of exterior walls, should be excluded from the area calculations. For purposes of the The average trip rate for the Saturday peak hour of the generator is the weighted trip generation calculation, the GFA of average Saturday vehicle trip generation any parking garages within the building rate during the hour of highest volume of should not be included within the GFA of traffic entering and exiting a site. It may the entire building. The majority of the occur in the A.M. or P.M. land uses in this document express trip generation in terms of GFA. In Trip Gener- ation, the unit of measurement for office The average Sunday trip rate is the buildings is currently GFA; however, it may weighted average Sunday vehicle trip be desirable to also obtain data related to generation rate during a 24-hour period. gross rentable area and net rentable area. The average trip rate for the Sunday peak With the exception of buildings contain- hour of the generator is the weighted ing enclosed malls or atriums, gross floor average Sunday vehicle trip generation area is equal to gross leasable area and rate during the hour of highest volume of gross rentable area. traffic entering and exiting a site. It may occur in the A.M. or P.M. The gross leasable area (GLA)2 is the total floor area designed for tenant The gross floor area (GFA)' of a building occupancy and exclusive use, including is the sum (in square feet) of the area of any basements, mezzanines, or upper each floor level, including cellars, base- floors, expressed in square feet and ments, mezzanines, penthouses, corridors, measured from the centerline of joint lobbies, stores and offices, that are within partitions and from outside wall faces. the principal outside faces of exterior For purposes of the trip generation walls, not including architectural setbacks calculation, the floor area of any parking or projections. Included are all areas that garages within the building should not have floor surfaces with clear standing be included within the GLA. of the entire head room (6 feet, 6 inches minimum) building. GLA is the area for which regardless of their use. If a ground-level tenants pay rent; it is the area that area, or part thereof, within the principal produces income. In the retail business, outside faces of the exterior walls is not GLA lends itself readily to measurement Institute of Real Estate Management of the National Association of Realtors. Income/Expert Analysis, Office Buildings,Downtown and Suburban, 1985,p.236. 2 Urban Land Institute.Dollars and Cents of Shopping Centers, 1984. Trip Generation, 6th Edition, User's Guide 10 Institute of Transportation Engineers I Land Use: 310 Hotel Description Hotels are places of lodging that provide sleeping accommodations, restaurants, cocktail lounges, meeting and banquet rooms or convention facilities, and other retail and service shops. Some of the sites included in this land use category are actually large motels providing the facilities of a hotel noted above. Additional Data Studies of hotel employment density indicate that, on the average, a hotel will employ 0.9 employees per room.' Thirty studies provided information on occupancy rates at the time the studies were conducted. The average occupancy rate for these studies was approximately 83 percent. The hotels surveyed were primarily located outside central business districts in suburban areas. The sites were surveyed from the late 1960s to the 1990s throughout the United States. For all lodging uses, it is important to collect data on occupied rooms as well as total rooms in order to accurately predict trip generation characteristics for the site. Source Numbers 4, 5, 12, 13, 18,55, 72, 170, 187, 254,260,262, 277, 280, 301, 306, 357, 422, 436 ` Buttke, Carl H., Unpublished studies of building employment densities, Portland, Oregon. Trip Generation,6th Edition 502 Institute of Transportation Engineers Hotel (310) Average Vehicle Trip Ends vs: Occupied Rooms On a: Weekday Number of Studies: 4 Average Number of Occupied Rooms: 216 Directional Distribution: 50% entering, 50% exiting - - Trip Generation per Occupied Room Average Rate Range of Rates Standard Deviation 8.92 4.14 - 17.44 6.04 Data Plot and Equation Caution-Use Carefully-Small Sample Size 4,000 ?(, • 3,000 - ' ' ' -• ' ° • ' ° ' " — ' • ° ' —' -- - - 13 11.1 13. CI) 2,000 - • • - - - - - • - - - - - - - • • - — •- - - —- - — .— _- (I) ci) , „ • X • 0 1 1 I I 1 31 ' 1 C 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 X=Number of Occupied Rooms X Actual Data Points Average Rate Fitted Curve Equation: Not given R2 Trip Generation,6th Edition 503 Institute of Transportation Engineers Land Use: 710 General Office Building Description A general office building houses multiple tenants; it is a location where affairs of businesses, commercial or industrial organizations, or professional persons or firms are conducted. An office building or buildings may contain a mixture of tenants including professional services; insurance companies; investment brokers; and tenant services such as a bank or savings and loan institution, a restaurant or cafeteria, and service retail facilities. Nearly all of the buildings surveyed were in suburban locations. Corporate headquarters (land use 714), single tenant office building (land use 715), and office park(land use 750) are related uses. If information is known about individual buildings, it is suggested that the general office building category be used rather than office parks when estimating trip generation for one or more office buildings in a single development. The office park category is more general, and it should be used when a breakdown of individual or different uses is not known. If the general office building category is used and if additional buildings,such as banks, restaurants, or retail stores are included in the development,then the development should be treated as a multiuse project. On the other hand, if the office park category is used, internal trip making is already reflected in the data and does not need to be considered. When the buildings are interrelated(defined by shared parking facilities or the ability to easily walk between buildings)or house one tenant, it is suggested that the total area or employment of all the buildings be used for calculating the trip generation. When the individual buildings are isolated and not related to one another, it is suggested that the trip generation be calculated for each building separately and then summed. Additional Data Average weekday transit trip ends— Transit service was either nonexistent or negligible at the majority of the sites surveyed in this land use. Recent studies indicate increased use of transit, carpools, and other transportation demand management(TDM) strategies. Information has not been analyzed to document the impacts of TDM measures on the total site generation. The average building occupancy varied considerably within the studies where occupancy data was provided. For buildings with occupancy rates reported, the average percent of occupied gross leasable area was 88 percent. In some regions peaking may occur earlier or later and last somewhat longer than the traditional 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. peak period time frames. The sites were surveyed from the 1960s to the 1990s throughout the United States. Trip Generation, 6th Edition 1043 Institute of Transportation Engineers General Office Building (710) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 78 Average 1000 Sq. Feet GFA: 199 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 11.01 3.58 - 28.80 6.13 Data Plot and Equation 15,000 . . . 14,000 ;„ . . . . . , .. .y. . . . . ;. , ....X.. , ..• rrr 13,000 ` . .•r, , :,,,./ 12,000– . . . , .. ._., .1 . ... .... . .. .. .. . . . _ .. ..- . . , . - -- --- -.. . ; .. . .. :` - • rr ' 11,000– .. . . .. . . . . . .. . ... . .. . . . . . .. . . . . ' ., .... . ._ . . . , co 1:1 c 10,000 _ , . . . ._ . . . f . . . . . . - - . . �� . . .. W ,- . 0 'a 9,000– , . . . . , . . _ . .. . . . . . -• . . . . . .X. . . - , . ' - . - . . --- --. - . -- r a) . 8,000 - . . . . . - . . . . . . ... . . .. ... . ._. .. . . ... ., ,. . , _ . . . d :::: ; '.. . i . . , . • - --. - . , . _ . . ,. ,t'. :--X. -^ -- - - - - - - - - - - - - - - - -- - - --- ,_ . . II 5,000– .; • , Yk. .�_ , X , X., : . _ , . . . . . . . . . ,, . 4,000 xe ?C ....r `- .. . .. . ... . . . .. . 3,000 . .: _ .}y`. . • — . ; Y x, . . , . 2,000 -XX ..' . . . .. . ... .. . . .:. . . . ..' . . _ . _:. . . - . . . . . , . -. 1,000 .. , . . , . . , , . _ . . . . Y71, ,X- . 0 t I i , i , i r- I I -, , i , I , I I , 0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 X= 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve - Average Rate Fitted Curve Equation: Ln(T)=0.768 Ln(X)+3.654 R2=0.80 Trip Generation,6th Edition 1052 Institute of Transportation Engineers Memorandum-Southport ATTACHMENT B Trip Generation Calculations Southport Daily Trip Generation Summary Building (Land Use) Size Units 1 ITE LUC 2 Trip Rate 3'4 Daily Trips Hotel Hotel (83% Occupied) 3 291 occupied rooms 310 8.92 2,596 Internal Trips 3 10% -260 Subtotal Hotel Building = 2,336 Office Building 1 Office 258,021 GFA 710 8.40 2,167 4 Internal Trips 3 10% -217 Subtotal Office Building 1 = 1,950 Office Building 2 Office 253,357 GFA 710 8.40 2,128 4 Internal Trips 3 10% -213 Office Subtotal: 1,915 Retail 5,701 GLA 814 40.67 232 Internal Trips 3 10% -23 Pass-By Trips 3 20% -42 Retail Subtotal: 167 ,,..Subtotal Office Building 2 = 2,082 Office Building 3 Office 208,101 GFA 710 8.40 1,748 4 Internal Trips 3 10% -175 Office Subtotal: 1,573 Restaurant 3,588 GFA 831 89.95 323 Internal Trips 3 10% -32 Pass-By Trips 3 33% -96 Restaurant Subtotal: 195 Subtotal Office Buildin 3 = 1,768 Total Hotel + Office Buildings Gross Daily Trips Generated = 9,194 Less Internal Trips= -919 Less Pass-By Trips = -138 Total Daily Trips Generated = 8,137 Notes: 1.GFA is Gross Floor Area,GLA is Gross Leasable Area,DU is Dwelling Units. 2.Institute of Transportation Engineers, Trip Generation Manual, 6th Edition,year 1997. 3.Based on ITE Trip Generation 6th edition methodologies,and application of trip rates and equations used in the 1999 Southport EIS. 4.Office daily trip rate based on rate derived after application of fitted curve equation based on total office gross floor area (GFA) for all 3 buildings Daily fitted curve equation is Ln(T) =0.768 x Ln(719.479) +3.654 which results in 6,041 daily trips,and resulting in a derived rate 8.40 daily trip rate.