HomeMy WebLinkAboutTrans 2016-11-07 COMPLETE AGENDA PACKETCity of Tukwila
Transportation Committee
❖ Dennis Robertson, Chair
❖ Verna Seal
❖ De'Sean Quinn
AGENDA
Distribution:
R. Turpin
D. Robertson
Deputy City Clerk
V. Seal
Clerk File Copy
D. Quinn
2 Extra
J. Duffie
Mayor Ekberg
Place pkt pdf on Z: \TC -UC
D. Cline
Agendas
L. Humphrey
e-mail cover to: A. Le,
B. Giberson
C. O'Flaherty, D. Robertson,
R. Tischmak
D. Almberg, B. Saxton,
G. Labanara
S. Norris, L. Humphrey
P. Brodin
73
MONDAY, NOVEMBER 7, 2016 — 5:30 PM
FOSTER CONFERENCE ROOM — 6300 BUILDING
Next Scheduled Meeting: Monday, November 21, 2016
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206 - 433 -0179 for assistance.
Item
Recommended Action
Page
1.
PRESENTATION(S)
a) Boeing Access Rd Over BNRR Bridge Rehabilitation Project
a) Forward to 11/21/16
Pg.
1
BNSF Overpass Agreement
Regular Consent
b) 42nd Ave S (S 1601h St — S 131St PI) Phase III
b) Forward to 11/14/16 C.O.W.
Pg.
73
Supplemental Agreement No. 6
and 11/21/16 Regular
c) TIB & S 144th Street Midblock Crossing
c) Forward to 11/21/16
Pg.
87
Bid Award
Regular Consent
d) Stop Sign and Crosswalk Guidelines
d) Information Only
Pg.
91
e) Multi -Way Stop Signs and Marked Crosswalk Review
e) Information Only
Pg.
101
2.
BUSINESS AGENDA
3.
SCATBd
4.
MISCELLANEOUS
5.
ANNOUNCEMENTS
Future Agendas:
Next Scheduled Meeting: Monday, November 21, 2016
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206 - 433 -0179 for assistance.
TO:
FROM
BY:
CC:
DATE:
I`
Public Works Department - Bob Giberson, Director
Transportation Committee
Bob Giberson, Public Works Director
Steve Carstens, Senior Program Manager
Mayor Ekberg
November 4, 2016
SUBJECT: Boeing Access Rd over BNRR Bridge Rehabilitation Project
Project No. 99410408
BNSF Overpass Agreement
ISSUE
Approve Burlington Northern Santa Fe's (BNSF) Overpass Agreement.
I aiTec"Cel
Allan Ekberg, Mayor
In October 2013, the City contracted with Jacobs Engineering, Inc. to provide the design for the
rehabilitation of the Boeing Access Rd over BNRR Bridge. Since that time, the City has been
working with BNSF to finalize an agreement which allows the project to be constructed over their
right-of-way. This Overpass Agreement allows the City and its contractor to work in the BNSF right-
of-way and pays for required railroad flagging and inspection services performed by BNSF.
ANALYSIS,
BNSF's Overpass Agreement is for required construction and maintenance costs related to the
work over the railroad's right -of -way and covers inspection services and flagging required by the
BNSF. Attached are the Overpass Agreement, Exhibit A-1 for the flagging services, and Exhibit A-
2 for inspection services.
FISCAL IMPACT
The Overpass Agreement is within the approved construction management budget which includes
a contingency for unanticipated work. Staff is currently working on RFQs for the construction
management contract and hopes to advertise for construction bids in early 2017.
BNSF Flagging and Inspection
I a *qoj TJ I m
Contract CM Budget
$149,428.00 $1,224,000.00
Council is being asked to approve the Overpass Agreement with BNSF for the Boeing Access Rd
over BNRR Rehabilitation Project in the amount of $149,428.00 and consider this item on the
Consent Agenda at the November 21, 2016 Regular Meeting.
Attachment: Page 10, Proposed 2017CIP
BNSF C/M Agreement
WAPW Eng\PROJECTS\A- RW & RS Projects\Boeing Access Rd Bridge Rehab (99410408)\05 ROW Esmt PermRs\lnfo Memo BNSF CM Ag gl 110416.docx
CITY OF TWKWILA CAPITAL PROJECT SUMMARY
2017 to 2022
PROJECT: Boeing Access Rd over BydRR Bridge Rehabilitation Project No. 99410408
EXPENSES
Rehab|da�the ex�Ungbhdgowdhe34U �ngonno��nrn�o bhdgoatmc�m.UwiUbe6�nea and have
��S�R|P�K�N�
a sidewalk on one side.
The existing bridge is structurally and seismically deficient. Several pedestals are leaning, have concrete
JUSTIFICATION:
spalls, exposed rusty anchor bolts and reinforcements and some cracks. The existing railings do not meet
current bridge standards.
Type, size, and location draft report (specifically required for bridges) was completed in 2005. Federal grant
STATUS:
applications were submitted in 2008 and 2010 and the bridge rehabilitation was successful for funding in
20
2012 for federal bridge funds. A Public Works Trust Fund (PWTF) loan was rescinded in 2013.
M/UNl[|KNPACT:
Maintenance will bereduced.
Bridge will be rehabilitated in phases to allow continued traffic use. Federal bridge grant of $3.745.600
COMMENT:
requires a 20% local match. A bond issue for the City match was issued in 2015 with the Interurban Ave S.
FINANCIAL
Through Estimated
(in 9000's)
2015 2016 2017 2018 201e 2020 2021 ouou osvOmo TOTAL
EXPENSES
Design
1,249
84
20
1,353
Const. Mgmt.
1,224
1,224
Construction
9,745
9,745
FUND SOURCES
Awarded Grant
905
63
8,777
9,745
Proposed Grant
0
Fund Balance-Bond
344
21
2,212
2,577
Mitigation
0
TOTAL SOURCES
1,249
1 84
1 10,989
1 01
01
01
01
01
01
12,322
u
20/7-2022 Capital Improvement Program 10
OVERPASS AGREEMENT
This Agreement ( "Agreement "), is executed to
( "Effective Date "), by and between BNSF
corporation ( "BNSF "), and the City of Tukwila,
Washington ( "Agency ").
RECITALS:
BNSF File No. BF10009078
Boeing Access Rd
U.S. D.O.T. No. 085597G
LS 051
MP 07.020X
Seattle Subdivision
be effective as of
RAILWAY COMPANY,
a political subdivision of
a Delaware
the State of
WHEREAS, BNSF owns and operates a line of railroad in and through the City of
Tukwila, State of Washington; and
WHEREAS, Agency desires to widen and improve the existing structure known as the
Boeing Access Rd Bridge, D.O.T. No. 085597G.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
parties contained herein, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
ARTICLE 1) SCOPE OF WORK
1. The term "Project" as used herein includes any and all work related to the
construction of the proposed improvements to the Boeing Access Rd Bridge (hereinafter
referred to as the "Structure "), more particularly described on the Exhibit A, which is
attached hereto and incorporated herein, including, but not limited to, any and all
changes to telephone, telegraph, signal and electrical lines and appurtenances,
temporary and permanent track work, fencing, grading, alterations to or new
construction of drainage facilities, preliminary and construction engineering and contract
preparation. Additionally, temporary controls during construction must comply with
Section 8A -08, "Temporary Traffic Control Zones" of the Manual of Uniform Traffic
Control Devices ( "MUTCD "), U.S. Department of Transportation.
ARTICLE II) BNSF OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful
performance thereof, BNSF agrees as follows:
1. Upon Agency's payment to BNSF of an administrative fee in the sum of zero and
No /100 Dollars ($0.00), together with the Temporary Construction License Fee in the
sum of $0 and No /100 Dollars ($0.00), BNSF hereby grants to Agency, its successors
and assigns, upon and subject to the terms and conditions set forth in this Agreement, a
temporary non - exclusive license (hereinafter called, "Temporary Construction License ")
to construct the Structure across or upon the portion of BNSF's right -of -way described
further on Exhibit A -1, excepting and reserving BNSF's rights, and the rights of any
others who have obtained, or may obtain, permission or authority from BNSF, to do the
following:
(a) Operate, maintain, renew and /or relocate any and all existing railroad
track or tracks, wires, pipelines and other facilities of like character upon,
over or under the surface of said right -of -way;
(b) Construct, operate, maintain, renew and /or relocate upon said right -of-
way, without limitation, such facilities as the BNSF may from time to time
deem appropriate, provided such facilities do not materially interfere with
the Agency's use of the Structure;
(c) Otherwise use or operate the right -of -way as BNSF may from time to time
deem appropriate, provided such use or operations does not materially
interfere with the Agency's use of the Structure; and
(d) Require the Agency or its contractor to execute a Temporary Construction
Crossing Agreement, for any temporary crossing requested to aid in the
construction of this Project.
The term of the Temporary Construction License begins on the Effective Date
and ends on the earlier of (i) substantial completion of the Structure, or (ii) eighteen
months following the Effective Date. The Temporary Construction License and related
rights given by BNSF to Agency in this provision are without warranty of title of any kind,
express or implied, and no covenant of warranty of title will be implied from the use of
any word or words herein contained. The Temporary Construction License is for
construction of the Structure only and shall not be used by Agency for any other
up rpose. Agency acknowledges and agrees that Agency shall not have the right, under
the Temporary Construction License, to use the Structure for any other purpose than
construction. In the event Agency is evicted by anyone owning, or claiming title to or
any interest in said right -of -way, BNSF will not be liable to Agency for any damages,
losses or any expenses of any nature whatsoever. The granting of similar rights to
others, subsequent to the date of this Agreement, will not impair or interfere with the
rights granted to Agency herein.
Upon Agency's payment to BNSF of the additional sum of $ zero and No /100
Dollars ($0.00), such payment to be made within thirty (30) days of issuing the Notice to
Proceed pursuant to Article III, Section 16 of this Agreement, and provided further that
Agency is in compliance with the term and conditions of this Agreement, BNSF will
grant to Agency, its successors and assigns, an easement (hereinafter called, the
"Easement ") to enter upon and use that portion of BNSF's right -of -way as is necessary
to use and maintain the Structure, substantially in the form of Exhibit B attached to this
Agreement. If Agency fails to pay BNSF within the thirty day time period set forth in the
preceding sentence, BNSF may stop construction of the Project until full payment is
received by BNSF.
2. BNSF will furnish all labor, materials, tools, and equipment for railroad work
required for the construction of the Project, such railroad work and the estimated cost
thereof being as shown on Exhibit D attached hereto and made a part hereof. In the
event construction on the Project has not commenced within six (6) months following
the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost
estimates set forth in said Exhibit D. In such event, the revised cost estimates will
become a part of this Agreement as though originally set forth herein. Any item of work
incidental to the items listed on Exhibit D not specifically mentioned therein may be
included as a part of this Agreement upon written approval of Agency, which approval
will not be unreasonably withheld. Construction of the Project must include the following
railroad work by BNSF:
(a) Procurement of materials, equipment and supplies necessary for the
railroad work;
(b) Preliminary engineering, design, and contract preparation;
(c) Furnishing of flagging services during construction of the Project as
required and set forth in further detail on Exhibit C;
(d) Furnishing engineering and inspection as required in connection with the
construction of the Project;
(e) Providing a contract project coordinator, at Agency's expense, to serve as
a project manager for the Project
3. BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost
basis, when BNSF, in its sole discretion, determines it is required by its labor
agreements to perform such work with its own employees working under applicable
collective bargaining agreements.
4. Agency agrees to reimburse BNSF for work of an emergency nature caused by
Agency or Agency's contractor in connection with the Project which BNSF deems is
reasonably necessary for the immediate restoration of railroad operations, or for the
protection of persons or BNSF property. Such work may be performed by BNSF
without prior approval of Agency and Agency agrees to fully reimburse BNSF for all
such emergency work.
5. BNSF may charge Agency for insurance expenses, including self- insurance
expenses, when such expenses cover the cost of Employer's Liability (including, without
limitation, liability under the Federal Employer's Liability Act) in connection with the
construction of the Project. Such charges will be considered part of the actual cost of
the Project, regardless of the nature or amount of ultimate liability for injury, loss or
death to BNSF's employees, if any.
6. During the construction of the Project, BNSF will send Agency progressive
invoices detailing the costs of the railroad work performed by BNSF under this
Agreement. Agency must reimburse BNSF for completed force - account work within
thirty (30) days of the date of the invoice for such work. Upon completion of the Project,
BNSF will send Agency a detailed invoice of final costs, segregated as to labor and
materials for each item in the recapitulation shown on Exhibit D. Pursuant to this
section and Article IV, Section 7 herein, Agency must pay the final invoice within ninety
(90) days of the date of the final invoice. BNSF will assess a finance charge of .033%
per day (12% per annum) on any unpaid sums or other charges due under this
Agreement which are past its credit terms. The finance charge continues to accrue
daily until the date payment is received by BNSF, not the date payment is made or the
date postmarked on the payment. Finance charges will be assessed on delinquent
sums and other charges as of the end of the month and will be reduced by amounts in
dispute and any unposted payments received by the month's end. Finance charges will
be noted on invoices sent to Agency under this section.
ARTICLE III) AGENCY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful performance thereof,
Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. One
digital copy of said plans (reduced size 11" x 17 "), together with calculations, and
specifications in English Units, must be submitted to BNSF for approval prior to
commencement of any construction. BNSF will give Agency final written approval of the
plans and specifications substantially in the form of Exhibit E, attached to this
Agreement and made a part hereof. Upon BNSF's final written approval of the plans
and specifications, said plans and specifications will become part of this Agreement and
are hereby incorporated herein. Any approval of the plans and specifications by BNSF
shall in no way obligate BNSF in any manner with respect to the finished product design
and /or construction. Any approval by BNSF shall mean only that the plans and
4
6
specifications meet the subjective standards of BNSF, and such approval by BNSF shall
not be deemed to mean that the plans and specifications or construction is structurally
sound and appropriate or that such plans and specifications meet applicable
regulations, laws, statutes or local ordinances and /or building codes.
2. Agency must make any required application and obtain all required permits and
approvals for the construction of the Project.
3. Agency must provide for and maintain minimum vertical and horizontal
clearances, as required in Exhibit C and as approved by BNSF as part of the plans and
specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the
Project.
5. Agency must make any and all arrangements, in compliance with BNSF's Utility
Accommodation Manual (htt / /www.bnsf.com /communities /fa s/ df /ufilit df), for the
installation 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 necessary for the construction of the Project..
6. Agency must construct the Project as shown on the attached Exhibit A and do all
work ( "Agency's Work ") provided for in the plans and specifications for the Project,
except railroad work that will be performed by BNSF hereunder. Agency must furnish
all labor, materials, tools and equipment for the performance of Agency's Work. The
principal elements of Agency's Work are as follows:
(a) Construction of the Structure;
(b) All necessary grading and paving„ including backfill of excavations and
restoration of disturbed vegetation on BNSF's right -of -way;
(c) Provide suitable drainage, both temporary and permanent;
(d) Intentionally left blank;
(e) Intentionally left blank;
(f) Intentionally left blank
(g) Provide appropriate pedestrian control during construction;
(h) Intentionally left blank
(i) Installation and maintenance of an 8 -ft. high fence and /or concrete
combination (throw fence) on the outside barrier of the Structure;
(j) Job site cleanup including removal of all construction materials, concrete
debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and
other waste materials to the satisfaction of BNSF.
7. Agency must apply and maintain said D.O.T. Crossing number 085597G in a
conspicuous location on the Structure.
8. Agency's Work must be performed by Agency or Agency's contractor in a
manner that will not endanger or interfere with the safe and timely operations of BNSF
and its facilities.
9. For any future inspection or maintenance, either routine or otherwise, performed
by subcontractors on behalf of the Agency, Agency shall require the subcontractors to
comply with the provisions of the attached Exhibit C and execute the agreement
attached hereto as Exhibit C -1. Prior to performing any future maintenance with its own
personnel, Agency shall: comply with all of BNSF's applicable safety rules and
regulations; require any Agency employee performing maintenance to complete the
safety training program at the BNSF's Internet Website "bllp.L//bnsfcontractor.com/";
notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be
present; procure, and have approved by BNSF's Risk Management Department,
Railroad Protective Liability insurance.
10. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty
(30) calendar days prior to requesting a BNSF flagman in accordance with the
requirements of Exhibit C attached hereto. Additionally, Agency must require its
contractor(s) to notify BNSF's Manager of Public Projects thirty (30) calendar days prior
to commencing work on BNSF property or near BNSF tracks.
11. Agency or its contractor(s) must submit a digital of any plans (including
calculations in English Units) for proposed shoring, falsework or cribbing to be used
over, under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for
approval. The shoring, falsework or cribbing used by Agency's contractor shall comply
with the BNSF Bridge Requirements set forth on Exhibit F and all applicable
requirements promulgated by state and federal agencies, departments, commissions
and other legislative bodies. If necessary, Agency must submit a digital copy of a
professionally engineered demolition plan, as set forth in Exhibit G, with applicable
calculations to BNSF's Manager of Public Projects.
12. Agency must include the following provisions in any contract with its provider(s)
performing work on said Project:
(a) The Provider is placed on notice that fiber optic, communication and
other cable lines and systems (collectively, the "Lines ") owned by
various telecommunications companies may be buried on BNSF's
property or right -of -way. The locations of these Lines have been
included on the plans based on information from the
telecommunications companies. The Provider will be responsible for
contacting BNSF and the telecommunications companies and notifying
them of any work that may damage these Lines or facilities and /or
interfere with their service. The Provider must also mark all Lines
shown on the plans or marked in the field in order to verify their
locations. The Provider must also use all reasonable methods when
working in the BNSF right -of -way or on BNSF property to determine if
any other Lines (fiber optic, cable, communication or otherwise) may
exist.
(b) The Provider will be responsible for the rearrangement of any facilities
or Lines determined to interfere with the construction. The Provider
must cooperate fully with any telecommunications company (ies) in
performing such rearrangements.
(c) Failure to mark or identify these Lines will be sufficient cause for BNSF
to stop construction at no cost to the Agency or BNSF until these items
are completed.
(d) In addition to the liability terms contained elsewhere in this Agreement,
the Provider hereby indemnifies, defends and holds harmless BNSF
for, from and against all cost, liability, and expense whatsoever
(including, without limitation, attorney's fees and court costs and
expenses) arising out of or in any way contributed to by any act or
omission of Provider, its subcontractors, agents and /or employees that
cause or in any way or degree contribute to (1) any damage to or
destruction of any Lines by Provider, and /or its subcontractors, agents
and /or employees, on BNSF's property or within BNSF's right -of -way,
(2) any injury to or death of any person employed by or on behalf of
any telecommunications company, and /or its contractor, agents and /or
employees, on BNSF's property or within BNSF's right -of -way, and /or
(3) any claim or cause of action for alleged loss of profits or revenue
by, or loss of service by a customer or user of such telecommunication
company(ies). THE LIABILITY ASSUMED BY PROVIDER WILL NOT
BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE
DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION
OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE
NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES
OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS
ARE PROXIMATELY CAUSED BY THE INTENTIONAL
MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. It is mutually
negotiated between the parties that the indemnification obligation
shall include all claims brought by Agency's employees against
BNSF, its agents, servants, employees or otherwise, and Agency
expressly waives its immunity under the industrial insurance act
i
(RCW Title 51) and assumes potential liability for all actions
brought by its employees.
13. Agency must require compliance with the obligations set forth in this agreement,
including Exhibit C and Exhibit C -1, and incorporate in each prime contract for
construction of the Project, or the specifications therefor (i) the provisions set forth in
Article III and IV; and (ii) the provisions set forth in Exhibit C, Exhibit C -I, and Exhibit F
attached hereto and by reference made a part hereof.
14. Except as otherwise provided below in this Section 13, all construction work
performed hereunder by Agency for the Project will be pursuant to a contract or
contracts to be let by Agency, and all such contracts must include the following:
(a) All work performed under such contract or contracts within the limits of
BNSF's right -of -way must be performed in a good and workmanlike
manner in accordance with plans and specifications approved by BNSF;
(b) Changes or modifications during construction that affect safety or BNSF
operations must be subject to BNSF's approval;
(c) No work will be commenced within BNSF's right -of -way until each of the
prime contractors employed in connection with said work must have (i)
executed and delivered to BNSF an agreement in the form of Exhibit C -I,
and (ii) delivered to and secured BNSF's approval of the required
insurance; and
(d) To facilitate scheduling for the Project, Agency shall have its contractor
give BNSF's representative four (4) weeks advance notice of the proposed
times and dates for work windows. BNSF and Agency's contractor will
establish mutually agreeable work windows for the Project. BNSF has the
right at any time to revise or change the work windows, due to train
operations or service obligations. BNSF will not be responsible for any
additional costs and expenses resulting from a change in work windows.
Additional costs and expenses resulting from a change in work windows
shall be accounted for in the contractor's expenses for the Project.
(e) The plans and specifications for the Project must be in compliance with
the Bridge Requirements set forth on Exhibit F, attached to this
Agreement and incorporated herein.
15. Agency must advise the appropriate BNSF Manager of Public Projects, in writing,
of the completion date of the Project within thirty (30) days after such completion date.
Additionally, Agency must notify BNSF's Manager of Public Projects, in writing, of the
1117
date on which Agency and /or its Contractor will meet with BNSF for the purpose of
making final inspection of the Project.
16. TO THE FULLEST EXTENT PERMITTED BY LAW, AGENCY HEREBY
RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS
AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL
REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES
AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES,
FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION,
SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND
OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE
EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY
ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART)
(1) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS,
SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE
CONSTRUCTION SITE, (11) THE PERFORMANCE, OR FAILURE TO PERFORM BY
THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR
AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE
SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR
ABOUT THE CONSTRUCTION SITE, (IV) AGENCY'S BREACH OF THE
TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY
PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR
INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS
AGREEMENT, (VI) AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY
OR RIGHT -OF -WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT
MAINTENANCE OF THE STRUCTURE BY AGENCY, OR (VII) AN ACT OR
OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR
CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY
OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE
LIABILITY ASSUMED BY AGENCY WILL NOT BE AFFECTED BY THE FACT, IF IT
IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS
AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT
THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL
MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. It is mutually negotiated
between the parties that the indemnification obligation shall include all claims
brought by Agency's employees against BNSF, its agents, servants, employees
or otherwise, and Agency expressly waives its immunity under the industrial
insurance act (RCW Title 51) and assumes potential liability for all actions
brought by its employees.
17. Agency must give BNSF's Manager of Public Projects written notice to proceed
( "Notice to Proceed ") with the railroad work after receipt of necessary funds for the
9
III
Project. BNSF will not begin the railroad work (including, without limitation,
procurement of supplies, equipment or materials) until written notice to proceed is
received from Agency.
ARTICLE IV) JOINT OBLIGATIONS
IN CONSIDERATION of the premises, the parties hereto mutually agree to the
following:
1. All work contemplated in this Agreement must be performed in a good and
workmanlike manner and each portion must be promptly commenced by the party
obligated hereunder to perform the same and thereafter diligently prosecuted to
conclusion in its logical order and sequence. Furthermore, any changes or
modifications during construction which affect BNSF will be subject to BNSF's written
approval prior to the commencement of any such changes or modifications from the NW
Division Manager Engineering Services.
2. The work hereunder must be done in accordance with the Bridge Requirements
set forth on Exhibit F and the detailed plans and specifications approved by BNSF.
3. Agency must require its contractor(s) to reasonably adhere to the Project's
construction schedule for all Project work. The parties hereto mutually agree that
BNSF's failure to complete the railroad work in accordance with the construction
schedule due to inclement weather or unforeseen railroad emergencies will not
constitute a breach of this Agreement by BNSF and will not subject BNSF to any
liability. Regardless of the requirements of the construction schedule, BNSF reserves
the right to reallocate the labor forces assigned to complete the railroad work in the
event of an emergency to provide for the immediate restoration of railroad operations of
either (BNSF or its related railroads) or to protect persons or property on or near any
BNSF owned property. BNSF will not be liable for any additional costs or expenses
resulting from any such reallocation of its labor forces. The parties mutually agree that
any reallocation of labor forces by BNSF pursuant to this provision and any direct or
indirect consequences or costs resulting from any such reallocation will not constitute a
breach of this Agreement by BNSF.
4. BNSF will have the right to stop construction work on the Project if any of the
following events take place: (i) Agency (or any of its contractors) performs the Project
work in a manner contrary to the plans and specifications approved by BNSF; (ii)
Agency (or any of its contractors), in BNSF's opinion, prosecutes the Project work in a
manner that is hazardous to BNSF property, facilities or the safe and expeditious
movement of railroad traffic; (iii) the insurance described in the attached Exhibit C -1 is
canceled during the course of the Project; or (iv) Agency fails to pay BNSF for the
Temporary Construction License or the Easement pursuant to Article ll, Section 1 of this
Agreement. The work stoppage will continue until all necessary actions are taken by
Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division
10
IN
Engineer or until proof of additional insurance has been delivered to and accepted by
BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction
License, or (iii) the Easement, BNSF may immediately terminate the Temporary
Construction License or the Easement. Any such work stoppage under this provision
will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in
addition to any other rights BNSF may have including, but not limited to, actions or suits
for damages or lost profits. In the event that BNSF desires to stop construction work on
the Project, BNSF agrees to immediately notify the following individual in writing:
Robin Tischmak
City Engineer
City of Tukwila
6300 Southcenter Blvd„ Suite 100
Tukwila„ WA 93163
5. Agency must supervise and inspect the operations of all Agency contractors to
ensure compliance with the plans and specifications approved by BNSF, the terms of
this Agreement and all safety requirements of BNSF. If BNSF determines that proper
supervision and inspection are not being performed by Agency personnel at any time
during construction of the Project, BNSF has the right to stop construction (within or
adjacent to its operating right -of -way). Construction of the Project will not proceed until
Agency corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the
situation is not being corrected in an expeditious manner, BNSF will immediately notify
Robin Tischmak
City Engineer
City of Tukwila
6300 Soutcenter Blvd, Suite 100
Tukwila„ WA 93133
for appropriate corrective action.
6. Agency agrees to provide, to the BNSF Manager Evidence Preservation, such
Project documentation and records as are agreed to between the parties including: any
project applications; any letters of approval and /or authorization forms (eg. PR -1240 or
the equivalent); any and all payment Voucher forms requesting FHWA reimbursement
(eg. PR -20 or the equivalent) or any other such project authorization or funding records
as BNSF may request from time to time. Such records will be provided by the Agency
to BNSF on a mutually agreeable schedule or within two (2) months after such records
are generated or received by the Agency. Section 130 Documentation shall be
provided to BNSF in the one of the following manners:
11.
13
Manager Evidence Preservation
2600 Lou Menk Drive, AOB -3
Fort Worth, Texas 76131
Or electronically to:
Manager Evidence Preservation
Section 130 bnsf.com
7. Pursuant to this section and Article II, Section 6 herein, Agency must reimburse
BNSF in full for the actual costs of all work performed by BNSF under this Agreement
(including taxes, such as applicable sales and use taxes, business and occupation
taxes, and similar taxes), less BNSF's Share as set forth in Article IV, Section 6 herein.
BNSF's Share must be paid upon completion of the Project.
In any action brought under this Agreement, the prevailing Party shall be entitled to
recover its actual costs and attorneys fees pursuant to California Civil Code Section
1717, as well as other litigation costs, including expert witness fees. The prevailing
Party shall also be entitled to recover all actual attorneys fees and litigation costs
incurred in connection with the enforcement of a judgment arising from such action or
proceeding.
8. All expenses detailed in statements sent to Agency pursuant to Article II, Section
6 herein will comply with the terms and provisions of the Title 23 U.S. Code, Title 23
Code of Federal Regulations, and the Federal -Aid Policy Guide, U.S. Department of
Transportation, as amended from time to time, which manual is hereby incorporated into
and made a part of this Agreement by reference. The parties mutually agree that
BNSF's preliminary engineering, design, and contract preparation costs described in
Article II, Section 2 herein are part of the costs of the Project even though such work
may have preceded the date of this Agreement.
9. The parties mutually agree that neither construction activities for the Project, nor
future maintenance of the Structure once completed, will be permitted during the fourth
quarter of each calendar year. Emergency work will be permitted only upon prior
notification to BNSF's Network Operations Center (telephone number: 800 832 - 5452).
The parties hereto mutually understand and agree that trains cannot be subjected to
delay during this time period.
10. Subject to the restrictions imposed by Article IV, Section 9 above, the
construction of the Project will not commence until Agency gives BNSF's Manager of
Public Projects thirty (30) days prior written notice of such commencement. The
commencement notice will reference D.O.T. Crossing No. 085597G and must state the
time that construction activities will begin.
M
14
11. In addition to the terms and conditions set forth elsewhere in this Agreement,
including, but not limited to, the terms and conditions stated in Exhibit F, BNSF and
Agency agree to the following terms upon completion of construction of the Project:
(a) Agency will own and maintain, at its sole cost and expense, the Structure,
the highway approaches, and appurtenances thereto, lighting, drainage
and any access roadways to BNSF gates installed pursuant to this
Agreement. BNSF may, at its option, perform maintenance on the
Structure in order to avoid conflicts with train operations. BNSF will notify
Agency prior to performing any such maintenance on the Structure. In the
event such maintenance involves emergency repairs, BNSF will notify
Agency at its earliest opportunity. Agency must fully reimburse BNSF for
the costs of maintenance performed by BNSF pursuant to this subsection
(b).
(b) Agency must, at Agency's sole cost and expense, keep the Structure
painted and free from graffiti.
(c) Agency must provide BNSF with any and all necessary permits and
maintain roadway traffic controls, at no cost to BNSF, whenever requested
by BNSF to allow BNSF to inspect the Structure or to make emergency
repairs thereto.
(d) It is expressly understood by Agency and BNSF that any right to install
utilities will be governed by a separate permit or license agreement
between the parties hereto.
(e) Agency must keep the Structure and surrounding areas clean and free
from birds, pigeons, scavengers, vermin, creatures and other animals.
(f) If Agency (including its contractors and agents) or BNSF, on behalf of
Agency, performs (i) alterations or modifications to the Structure, or (ii)
any maintenance or other work on the Structure with heavy tools,
equipment or machinery at ground surface level horizontally within 25' -0"
of the centerline of the nearest track, or (iii) any maintenance or other
work outside the limits of the deck of the Structure vertically above the top
of the rail, then Agency or its contractors and /or agents must procure and
maintain the following insurance coverage, which may be changed from
time to time:
Railroad Protective Liability insurance naming only BNSF as the
Insured with coverage of at least $5,000,000 per occurrence and
$10,000,000 in the aggregate. The policy shall be issued on a
standard ISO form CG 00 35 12 04 and include the following:
M]
IN
• Endorsed to include the Pollution Exclusion Amendment
• Endorsed to include the Limited Seepage and Pollution
Endorsement.
• Endorsed to remove any exclusion for punitive damages.
• Endorsed to include Evacuation Expense Coverage Endorsement.
• No other endorsements restricting coverage may be added.
• The original policy must be provided to BNSF prior to performing
any work or services under this Agreement
• Definition of "Physical Damage to Property" shall be endorsed to
read: "means direct and accidental loss of or damage to all property
owned by any named insured and all property in any named
insured' care, custody, and control arising out of the acts or
omissions of the contractor named on the Declarations.
As used in this paragraph, "BNSF" means "Burlington Northern Santa
Fe, LLC ", "BNSF RAILWAY COMPANY" and the subsidiaries,
successors, assigns and affiliates of each.
In lieu of providing a Railroad Protective Liability Policy, Agency may
participate in BNSF's Blanket Railroad Protective Liability Insurance
Policy if available to Agency or its contractors. The limits of coverage
are the same as above.
12. Agency hereby grants to BNSF, at no cost or expense to BNSF, a permanent
right of access from Agency property to BNSF tracks for maintenance purposes.
13. Agency must provide one set of digital as -built plans (prepared in English Units)
to BNSF, as well as one set of computer diskettes containing as built CAD drawings of
the Structure and identifying the software used for the CAD drawings. The "as built
plans" must comply with the Bridge Requirements set forth on Exhibit F and depict all
information in BNSF engineering stationing and mile post pluses. The "as built plans"
must also include plan and profile, structural bridge drawings and specifications, and
drainage plans. All improvements and facilities must be shown.
14. Subject to the restrictions imposed by Article IV, Section 9 above and in
accordance with the requirements of Article III, Section 9 above, Agency must notify and
obtain prior authorization from BNSF's Manager of Public Projects before entering
BNSF's right -of -way for INSPECTION OR MAINTENANCE purposes, and the BNSF
Manager of Public Projects will determine if flagging is required. If the construction work
hereunder is contracted, Agency must require its prime contractor(s) to comply with the
obligations set forth in Exhibit C and Exhibit C -1, as the same may be revised from time
to time. Agency will be responsible for its contractor(s) compliance with such
obligations.
15. In the event that BNSF shall deem it necessary or desirable in the future, in the
performance of its duty as a common carrier, to raise or lower the grade or change the
14
f[.1
alignment of its tracks or to lay additional track or tracks or to build other facilities in
connection with the operation of its railroad, BNSF shall, at its expense, have full right to
make such changes or additions, provided such changes or additions do not change or
alter the Structure herein proposed to be constructed and provided further, however,
that should it become necessary or desirable in the future to change, alter, widen or
reconstruct the Structure to accommodate railroad projects, the cost of such work,
including any cost incidental to alteration of railroad or highway facilities made
necessary by the alteration of the Structure shall be the sole responsibility of Agency.
16. Agency may, at Agency's sole expense, alter or reconstruct the highway
components of the Structure if necessary or desirable, due to traffic conditions or
pedestrian or other recreational traffic, provided, however, that any such alteration or
reconstruction must receive BNSF's prior written approval as evidenced by either a
supplement to this Agreement, or execution of a new agreement that provides for the
termination of this Agreement. Furthermore, any alteration or reconstruction of the
highway components of the Structure will be covered by a Commission Order.
17. Any books, papers, records and accounts of the parties hereto relating to the
work hereunder or the costs or expenses for labor and material connected with the
construction will at all reasonable times be open to inspection and audit by the agents
and authorized representatives of the parties hereto, as well as the State of
Washington and the Federal Highway Administration, for a period of three (3) years
from the date of final BNSF invoice under this Agreement.
18. The covenants and provisions of this Agreement are binding upon and inure to
the benefit of the successors and assigns of the parties hereto. Notwithstanding the
preceding sentence, neither party hereto may assign any of its rights or obligations
hereunder without the prior written consent of the other party.
19. In the event construction of the Project does not commence within eighteen
months of the Effective Date, this Agreement will become null and void.
20. Neither termination nor expiration of this Agreement will release either party from
any liability or obligation under this Agreement, whether of indemnity or otherwise,
resulting from any acts, omissions or events happening prior to the date of termination
or expiration.
21. To the maximum extent possible, each provision of this Agreement will be
interpreted in such a manner as to be effective and valid under applicable law. If any
provision of this Agreement is prohibited by, or held to be invalid under, applicable law,
such provision will be ineffective solely to the extent of such prohibition or invalidity and
the remainder of the provision will be enforceable.
22. This Agreement (including exhibits and other documents, manuals, etc.
incorporated herein) is the full and complete agreement between BNSF and Agency
15
f1Fl
with respect to the subject matter herein and supersedes any and all other prior
agreements between the parties hereto.
23. Any notice provided for herein or concerning this Agreement must be in writing
and will be deemed sufficiently given when sent by certified mail, return receipt
requested, to the parties at the following addresses.
L"I ,ia
AGENCY:
BNSF's Manager of Public Projects
Richard W Wagner
2454 Occidental Avenue South Ste 2D
Seattle, WA 98134
206.625.6152
Rich ard.Wagner(ci)_BNSF.com
16
18
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by its duly qualified and authorized officials as of the day and
year first above written.
WITNESS:
WITNESS:
1
BNSF RAILWAY COMPANY
0
Printed Name: Richard Wagner
Title: Manager Public Projects NW
Division — ID. WA & BC
AGENCY
CITY OF TUKWILA, WASHINGTON
in
Printed Name: Allan Ekberg
Title: Mayor, City of Tukwila
1F]
Exhibit A
18
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EXHIBIT B
19
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RUSSELL H. FLUENT. CHAIRMAN ARCHIE E. PHELPS
COMMISSIONER. FIRST DISTRICT COMMISSIONER. SECOND DISTRICT
KING COUNTY COMMISSIONERS
402 COUNTY -CITY BUILDING
SEATTLE
December 12, 1944
Department of Highways
Transportation Building
Olympia, Washington
Dear Sir: Attention: Earl F. Dickinson
JOS. A. MIHETST6116
COMMISSIONER. THIRD DISTRICT
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i
This will acknowledge receipt of duly executed agreement be-
tween Oregon - Washington Railroad & Navigation Company, Union
Pacific Railroad Company, State of Washington and County of
King.
In accordance with your request of December 5, 1941., this
document has been recorded in the office of the King County
Auditor in volume 2290 of Deeds at Page /+09 and bears the
County Auditor's File No. 3433396.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
ROBERT A. MORRIS, Cl k o Board
By
Deputy
MES:ym
cc- S.Murray, Resident Engineer
Operating Dept.,Union Pacific R.R.Co.,
828 Pittock Block
Portland 5, Oregon
23
a a a STRA
e
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al to 14 ser. at tuo wuthweat ,i
Of bran TU*# (a). TOMO P "� o"31►
23) Wa lth, �a Four (4) or the Wil tte NAM" n
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4044ty, Wim>ahimistan, UOUW all fiat t of 00
i'it' +► tie+e�saehi�ai & Navloatum
►c ane s tai tea are aaae io 7l ad a 0 that
lies W-Itma eUSY (60) toots, masured at t e461">M on
emote aside or' mmd "pa .�l,3ae1 with the h ixa�`trar tree b
venter Um at ieaosd goo, Baetoa 41romtV klaftta#
tt aa3Li i --W 1 (86 ) as same to nurveX*d, located
and staked out,, over and euraee said right of W.
Said OontW Unae of A,4089e .€mad as Su eyed, et
ui d Ota tied out, OVtM and eaDroa6s said riot of way and ether
propero being dema rlbod an follows to-wits
Beel'unins at a .papist on tue north and South venter line
at mini SeCtIon igre8. 3) that ie en h=4"d rtrV -Swa
GrA O*'V rl tout'he (a?' ) feet d munt Oauth freto tho aehtex
of said owtion mosomvd a 1mg sold north a ud "OU ca ut"
11461
thouee Wa stwtly s Jana a stag lfxt line that romm &a
angle of olgUty -fogs d•e e*w and thirtywro ur aa-amsee
(8410 341 ) From imutli to west with sa14 north au4 south
cantor line of ye$tiosi Thry (3) ara diatance of seven bua4 ed
fortywotte AAd ;six tontas ( 9410 ) tenet to a PaUt in the
OvmtieEr line or the main trauk of ipfAU MrAllroad QmVemy at,
�a llvoad °.trey VUtIon U65 glue 12 s 7 Whiah equols t�*Oo"
aid 'purvey SA01aea 13 pluB 39.361 said - stralOt line tore
atn a:a a of sixty -ea ver degrees a twenty -alz minutes
(6 ° XG f) f"t "west to rth with a tangent to nold 1s
'track at s a ilroad -+ ,ey Aotien 266 plus D471
00aOe 00x'tinulne u*vterly alor x aald strayjt t line e
diats ne* Of two hundred elkjttyi' and twentymaigh"t lE dredtha
Moose) feast to "-ace" hoed ., jrvey tine 1+ plus 19.94.
tae OMI hareinbetore de"WIbed is show; and raj)ra"Iated by yral:.ae
Color an w ,vawtng Now 54390 pia te4 4ruly 20,, 19"$ 'h to aSaIInaxo i a
garked "A hlbit 1,471 &%d by this lmoa< "exonee mde s part of this
(b) In addt,tian thoreto t the AULIroaad Uomp riaa oo ter
ae they lawfully may do so, h+erehy great to the state saw County,
sub jaat to "eaeah and all of the 'tot , conditiona,
5
o atrip s of land h fa y €40 ? to" e14e 0449JAW
Me ft 04h SI3n of =4 ,Pora'11*1 with the +ebt vo dasw1bed
one hutdred testy ( ldO) foot , VIP of UM to be U04 fox �
Ovwhaod .40010 Ind c"Osim 4 ad Westerly tom.
the eaato�rly line or t r U of way of tl
mar to a U320 ftlah to an. 0 a of AixVYI*MMW
d *# and thirty 1da'tt�'tem (670 ') f rust to nom i
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.a last-donerlbad property is shown and iadioated by are= + lf3jr
on map #bit A he ret,06 i
to Ths premloes S%*VD Ageor1w in PareaftPho (a) and tb�
$bell be used the a tB a" Gtatm'iy =4 for tha pWp0606 atee* 4
S414 ead not Othe"ies, OM if at WW %UW UO P"Pw ly ail' the
Part or pa r$$ the to ,shall Paxamuently goem to be a"d for the
PU001000 4ft"4416 or shall be uVADd ftar p n Umautherlmd by
there the east ber4oy nted as to suorh PrOPOWS r or pr x%* "air".
Oball Oftes, and t*.*
(d) The rights h bye mated sbAU be anti are sub jest to
all outstandl Outer ri te, what r ,publio or prlvet*0 and MW
*X %0nsteaa or 14lR4 MIG then Wad %he Rai. aUteM "a* M
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Purroges not "Wastatefts with the 110"000 periat sett
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aloas.N ovarg vUer, or sarass the areas deearibed, at any tbw
frees tUM to tine as and ahaa they detoraine.
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srkr The stb bey smUted IeCes O`
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er%Y or tho FIGUread CeqMelss 00th 80SA horsy sV with OW Mr6114
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ie this eetsou l.0 "OePtIng tsxss levied s ass 464 st tbo soft
as a omqwmeat pert of tbo AsUr"d GOV060,e0 V"Vex i bba Oftlo
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ftotuft So U ttse ss4 CWdffq Or 011bor Of Um OMA
tell¢ re se or gaol t4 4610 k0ey# 'Ousom "A Porto" e 04
of the s VnMig ns'o 4WAIUMM and cto' mbs of *to as
the BMILm" 40*841" may# won 61TW to 00 auto WA 09=1W 4W
of t be at th sumtr ( "! days* w. em too at *Is la 4
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so to do'b to ter the 11ewwa s vest and easemut honi-abortwe
granted ow e11 rights of the State MA c3+ 'y 140 set =d" e"
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rleeetien 4* +Me aVoemat allU be bl"Ug upea a
to the bous tit of the parties to and their r o"Oetl ra OUDOWSOM
and en signs$ text :noltherh the sUte nor the qty aha1l OOSS4SM er
%zon sf or Wo agreomwt or Any InUreist berets *r rlht bo "vMw
without fiwatF QbUlAlft It* "#fin 09numt of the 11re
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r, VOL40UU, PAGE0.04
1
4$26'� R. W. 4431
The NORTBERN PACIFIC RAILYiAY CaIpp- y, a Wisconsin corporation,
hereinafter referred to as the "Railway Company ", does hereby in con -
sideration of One bollar,= "to.it in hand paid, the receipt whereof is
r' 'hereby.acknoWledged, and,o ,tha agreem3nts herein contained, GRANT
{' .o the STATE OF iIASBINGTON,' hereinafter called the "State" permission
save as herein li ed, to,use for highway purposes, in common with the
use of said Raj`].we C'i p' r'}• for railroad purposes, and to construct
thereaver an 07erhead4c7cesa: Road Viaduct to carry traffic from East
Marginal Way to Empire May for the Boeing Aircraft Corporation near
the south city limits ,.ofIthe•City of Seattle, in the location indicated
on the attached plat prepared in the office of the Assistant Chief
54% Engineer of said"°Railway`Company, dated April 7th 1944 and identified
as Exlibit "A"., t o-wit i..Y : .
A strip of land one hundred twenty (120) feet in width, or
sixty (60) feet wide as a permanent easement on each side
Of the center 'line of -said Access Road. over and across that
portion,of its railroad right of way in the north half of
southwest quarter (N ofSW §) of section three (3), tavnship
twenty, -three (23) north`of. range four''(4a east of the Willem-
ette Meridian, aho6';outlinied'in RED'on said plat attached
hereto and made a pai~t'heraof ' idehtified as Exhibit "A. ", (to-
•'"gether yvith'the right to encroach with slopes not to exceed
total of 200 feet or 100 feet on either side of said highway
centerline for highway approach embankments.
The rights hereby granted are subject, however, to any and all
a" existing rights of <the Railway Company and to,any permits and leases
` that puW heretofore have been granted by said Railway Company across or
along said ,above described premises.
ti
The Stets shall tit
,its sold oast and expense provide and maintain
connections *Uh anY existing`oulverts' or such additional culverts as the
Away''Compamy may elect to construct so as to divert the drainage through
the h ghwnyy 'grade on the easeimnt strip. If at any time in the future, due
to the construction °or improvement of said hightivay, drainage conditions should
frequire a change in the existing culverts or the placing of any new culverts
through the roadbed oP "the Raihvay Company, the State shall bear the entire
expense of donstrgction of same and shall provide such additional culverts
as map be necessary to keep •tha Railway Company's right of Way free from
{ accumulation of water.
b v
The State shall indemnify across the Railway Company's flood
right of save'
due to the the Railway Company from
and all claims for flood damage onstructionof said highway
ay P y gh, of way.
The State also agrees that in removing snow from said Highway and
from said overhead Viaduct to perform the Work in such a manner so as not to
deposit`tha anon on the 'roadbed and tracks of the Railway Company.
In:tIm event the construction and maintenance of said highway shall
interfere with or .damage the poles 'and, wires of the Railway Company or the
Western -Union Telegraph Company or, other Telegraph or Telephone Company
do b st-ne said o 6 sad enk of maidpRailuay Company; the � ailway Company
doing sines with th§ ootra
ref p wires 'or repair ItrV damage done thereto and the
State shall pay all coat of ouch'morkupon presentation of bills therefor.
. r
l■
ey
01
VOL2300 PACE583
The State agrees to indemnify and save harmless the Railwtay Company
and any other Railv1W Company that may be using its tracks with its
consent, from any and all- loss, cost, damage or expense arising in any
manner out of the perormaiwe of any of the work herein provided to be
perfoxned by th3, State or %its contractor, regardless of whether such loss,
cost, damage or expense arises out of damage to or destruction of the
property -of thej;tailway Company or of any person, firm or corporation
whatsoever, or-iout of claims for personal injuries or death.
Dated, t � ,� �. %s rda dot
to I , 19,1 .
1 NN
N 7'
ITORThERN PACIFIC RAIDKAY COMPANY,
rr Gl �I
.
By
ry Y,
Vk4Wresi dent
.
Atteatt
Accepted:, ;
Secretary.
STATE OF'tiVASHING'TC6d,
Departuen Highways, ^
By
Director o£ Highways.
STATE OF MINNESOTA )
County, 'of Ramsey. )
On this dayof 1 44,
before me personally appeared . W.Scan rt, to me known to be the Vico
President of t1D corporation that executed thin and foregoing
instrument, and aclmoviledged said instrument to be the free and voluntary
sot and deed of said`oorp;gration; for the• uses and purposes therein
mentioned, and on oaths= ktated that he wa authorized to execute said
instrument and that the"seal 'affixed: is the corporate seal of said
corporation.
IN WITIMSnffiAEaCF Shave hereunto set my hand and affixed
may off'ici'al seal ,tIs day;and•year first above written.
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35929-2
B A S E M E N T
The PACIFIC COAST R. R. CO., a Washington corporation,
hereinafter referred to as the "Railroad Company," does hereby,
in consideration of One Dollar to it in hand paid, the receipt
whereof is hereby acknowledged, and of the agreements herein con-
tained, GRANT to the STATE OF WASHINGTON, hereinafter called the
"State," permission, save as herein limited, to construct an
Overhead Access Road Viaduct over a strip of land and to maintain
and use said Viaduct for highway purposes to carry traffic from
East Marginal Way to Empire Way for the Boeing Airplane Company
near the south city limits of the City of Seattle, in the location
indicated on the attached plat prepared in the office of the As-
sistant Chief Engineer of the Northern Pacific Railway Company,
dated April 7th, 1944 and identified as Exhibit "A ",to -wit:
A strip of land one hundred twenty (120) feet
in width, or sixty (60) feet wide as a per -
manent easement on each side of the center
line of said Access Road over and across that the
portion of North half ofsSouthwest quarterf(N* way of SWj)
of Section three (3)2 Township twenty -three
(23) North of Range four (4) East of the
Willamette Meridian, shown outlined in RED
on said plat attached hereto and made a part
hereof, identified as Exhibit "A."
— m
The rights hereby granted are subject, however, to any
and all existing rights of the Railroad Company and to any permits
and leases that may heretofore have been granted by said Railroad
Company across or along said above described premises. Said
Viaduct shall be constructed in such a manner and of sufficient
height above Railroad Company's existing tracks so that the use
of said tracks for railroad purposes will not be interfered with
and the maintenance of overhead electric power lines for use by
Railroad Company or any lessee of its, will not be prevented.
The State, at its sole cost and expense, shall provide
and maintain connections with any existing culverts or such addi-
tional culverts as the Railroad Company may elect to construct so
as to divert the drainage through the highway grade on the ease-
ment strip. If at any time in the future, due to the construction
or improvement of said highway, drainage conditions should require
a change in the existing culverts, or the placing of any new cul-
verts through the roadbed of the Railroad Company, the State shall
bear the entire expense of construction of same and shall provide
such additional culverts as may be necessary to keep the Railroad
Company's right of way free from accumulation of water.
The State shall indemnify and save harmless the Rail-
road Company from any and all claims for flood damage due to the
construction of said highway across the Railroad Company's right
of way.
The State also agrees t haat, "in removing .snow from said
highway and from said overhead Viaduct, it will perform the work
in such a manner as not to deposit the snow on the roadbed and
tracks of the Railroad Company_.
(1) 35
voc2506 P=418
In the event the construction and maintenance of said
highway shall interfere with or damage the poles and wires of
the Railroad Company or the Western Union Telegraph Company or
other telegraph or telephone company doing business with the
consent of said Railroad Company, the Railroad Company may re-
locate said poles and wires or repair any damage done thereto
and the State shall pay all cost of such work upon presentation
of bills therefor.
The State agrees to indemnify and save harmless the
Railroad Company and any other Railway Company that may be using
its tracks with its consent, from any and all loss, cost, damage
or expense arising in any manner out of the performance of any
of the work herein provided to be performed by the State or its
contractor, regardless of whether such loss, cost, damage or
expense arises out of damage to or destruction of the property
of the Railroad Company or of any person, firm or corporation
whatsoever, or out of the claims for personal injuries or death.
In case said Viaduct shall at any time finally cease
to be used for highway purposes, or by operation of law or other-
wise becomes vacated or abandoned, this easement and all rights
hereunder granted shall immediately cease and terminate and if
Railroad Company elects, State shall remove said Viaduct at
State's expense.
DATED this day of , 1946.
PACIFIC COAST R. R. CO.
5
At
Accepted:
STATE OF WASHINGTON,
Department of Highways,
By
Director o Highways
(2) 36
VAM6 YAP
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day of 1946, before
me personally appeared
and ,M1 >VS
to me known to be the President and Secretary,
respective y, of PACIFIC COAST R. R. CO., the corporation that exe-
cuted the within and foregoing instrument and acknowledged said in-
strument to be the free and voluntary act and deed of said corpora-
tion for the uses and purposes therein mentioned, and on oath
stated that they were authorized to execute said instrument and that
the seal affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed my official seal the day and year in this Certificate first
above written.
of n
7, Notary Notary Pub is in and for the St
resias ate
of Washington, zag at
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riled stir Record Jo
Requestol� l M.
R08ERTY MORRIS, my Audkor
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KN]
B /VSF°
NA/AWAY
EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General:
1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY,
hereinafter referred to as "Railway" where work is over or under on or adjacent to
Railway property and /or right -of -way, hereafter referred to as "Railway Property ",
during the construction of Boeing Access Road Bridge.
1.01.02 The Contractor must execute and deliver to the Railway duplicate copies
of the Exhibit "C -1" Agreement, in the form attached hereto, obligating the Contractor
to provide and maintain in full force and effect the insurance called for under Section
3 of said Exhibit "CA". Questions regarding procurement of the Railroad Protective
Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214 -303-
8519.
1.01.03 The Contractor must plan, schedule and conduct all work activities so as
not to interfere with the movement of any trains on Railway Property.
1.01.04 The Contractor's right to enter Railway's Property is subject to the
absolute right of Railway to cause the Contractor's work on Railway's Property to
cease if, in the opinion of Railway, Contractor's activities create a hazard to
Railway's Property, employees, and /or operations. Railway will have the right to stop
construction work on the Project if any of the following events take place: (i)
Contractor (or any of its subcontractors) performs the Project work in a manner
contrary to the plans and specifications approved by Railway; (ii) Contractor (or any
of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner
which is hazardous to Railway property, facilities or the safe and expeditious
movement of railroad traffic; (iii) the insurance described in the attached Exhibit C -1
is canceled during the course of the Project; or (iv) Contractor fails to pay Railway
for the Temporary Construction License or the Easement. The work stoppage will
continue until all necessary actions are taken by Contractor or its subcontractor to
rectify the situation to the satisfaction of Railway's Division Engineer or until
additional insurance has been delivered to and accepted by Railway. In the event of
a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the
Easement, Railway may immediately terminate the Temporary Construction License
or the Easement. Any such work stoppage under this provision will not give rise to
any liability on the part of Railway. Railway's right to stop the work is in addition to
any other rights Railway may have including, but not limited to, actions or suits for
damages or lost profits. In the event that Railway desires to stop construction work
34
[to]
B /VSF
RAILWAY
on the Project, Railway agrees to immediately notify the following individual in
writing:
1.01.05 The Contractor is responsible for determining and complying with all
Federal, State and Local Governmental laws and regulations, including, but not
limited to environmental laws and regulations (including but not limited to the
Resource Conservation and Recovery Act, as amended; the Clean Water Act, the
Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health
and safety laws and regulations. The Contractor hereby indemnifies, defends and
holds harmless Railway for, from and against all fines or penalties imposed or
assessed by Federal, State and Local Governmental Agencies against the Railway
which arise out of Contractor's work under this Agreement.
• 1.01.06 The Contractor must notify City of Tukwila Washington at
and Railway's Manager Public Projects, telephone number ( ) at least thirty
(30) calendar days before commencing any work on Railway Property. Contractor's
notification to Railway must refer to Railway's file
1.01.07 For any bridge demolition and /or falsework above any tracks or any
excavations located with any part of the excavations located within, whichever is
greater, twenty -five (25) feet of the nearest track or intersecting a slope from the
plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11)
feet from centerline of the nearest track, both measured perpendicular to center line
of track, the Contractor must furnish the Railway five sets of working drawings
showing details of construction affecting Railway Property and tracks. The working
drawing must include the proposed method of installation and removal of falsework,
shoring or cribbing, not included in the contract plans and two sets of structural
calculations of any falsework, shoring or cribbing, For all excavation and shoring
submittal plans, the current "BNSF -UPRR Guidelines for Temporary Shoring" must
be used for determining the design loading conditions to be used in shoring design,
and all calculations and submittals must be in accordance with the current "BNSF-
UPRR Guidelines for Temporary Shoring ". All submittal drawings and calculations
must be stamped by a registered professional engineer licensed to practice in the
state the project is located. All calculations must take into consideration railway
surcharge loading and must be designed to meet American Railway Engineering
and Maintenance -of -Way Association (previously known as American Railway
Engineering Association) Coopers E -80 live loading standard. All drawings and
35
Cyl
AW~"A=.
NA /L WAY
calculations must be stamped by a registered professional engineer licensed to
practice in the state the project is located. The Contractor must not begin work until
notified by the Railway that plans have been approved. The Contractor will be
required to use lifting devices such as, cranes and /or winches to place or to remove
any falsework over Railway's tracks. In no case will the Contractor be relieved of
responsibility for results obtained by the implementation of said approved plans.
1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with
the Contractor such that the work may be handled and performed in an efficient
manner. The Contractor will have no claim whatsoever for any type of damages or
for extra or additional compensation in the event his work is delayed by the Railway.
1.02 Contractor Safety Orientation
1.02.01 No employee of the Contractor, its subcontractors, agents or invitees
may enter Railway Property without first having completed Railway's
Engineering Contractor Safety Orientation, found on the web site
htti2://bnsfcontractor.com/. The Contractor must ensure that each of its
employees, subcontractors, agents or invitees completes Railway's
Engineering Contractor Safety Orientation through internet sessions before
any work is performed on the Project. Additionally, the Contractor must
ensure that each and every one of its employees, subcontractors, agents or
invitees possesses a card certifying completion of the Railway Contractor
Safety Orientation before entering Railway Property. The Contractor is
responsible for the cost of the Railway Contractor Safety Orientation. The
Contractor must renew the Railway Contractor Safety Orientation annually.
Further clarification can be found on the web site or from the Railway's
Representative.
1.03 Railway Requirements
• 1.03.01 The Contractor must take protective measures as are necessary to keep
railway facilities, including track ballast, free of sand, debris, and other foreign
objects and materials resulting from his operations. Any damage to railway facilities
resulting from Contractor's operations will be repaired or replaced by Railway and
the cost of such repairs or replacement must be paid for by the Agency.
• 1.03.02 The Contractor
must notify the Railway's Division Engineer
at ( ) and provide blasting
plans to the Railway for review seven (7) calendar days prior to conducting any
blasting operations adjacent to or on Railway's Property.
36
EN
B/VSF
RAILWAY
• 1.03.03 The Contractor must abide by the following temporary clearances during
construction:
• 15' -0" Horizontally from centerline of nearest track
• 21' -6" Vertically above top of rail
• 27' -0" Vertically above top of rail for electric wires carrying less than 750
volts
• 28' -0" Vertically above top of rail for electric wires carrying 750 volts to
15,000 volts
• 30' -0" Vertically above top of rail for electric wires carrying 15,000 volts to
20,000 volts
• 34' -0" Vertically above top of rail for electric wires carrying more than
20,000 volts
• 1.03.04 Upon completion of construction, the following clearances shall be
maintained:
■ 25' Horizontally from centerline of nearest track
■ 23' 6" Vertically above top of rail
1.03.05 Any infringement within State statutory clearances due to the Contractor's
operations must be submitted to the Railway and to the City of Tukwila
Washington and must not be undertaken until approved in writing by the Railway,
and until the City of Tukwila Washington has obtained any necessary
authorization from the State Regulatory Authority for the infringement. No extra
compensation will be allowed in the event the Contractor's work is delayed pending
Railway approval, and /or the State Regulatory Authority's approval.
1.03.06 In the case of impaired vertical clearance above top of rail, Railway will
have the option of installing tell -tales or other protective devices Railway deems
necessary for protection of Railway operations. The cost of tell -tales or protective
devices will be borne by the Agency.
• 1.03.07 The details of construction affecting the Railway's Property and tracks not
included in the contract plans must be submitted to the Railway by City of Tukwila
Washington for approval before work is undertaken and this work must not be
undertaken until approved by the Railway.
1.03.08 At other than public road crossings, the Contractor must not move any
equipment or materials across Railway's tracks until permission has been obtained
from the Railway. The Contractor must obtain a "Temporary Construction Crossing
Agreement" from the Railway prior to moving his equipment or materials across the
Railways tracks. The temporary crossing must be gated and locked at all times when
not required for use by the Contractor. The temporary crossing for use of the
Contractor will be constructed and, at the completion of the project, removed at the
37
43
B /VSF°
RAILWAY
expense of the Contractor.
1.03.09 Discharge, release or spill on the Railway Property of any hazardous
substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous
waste is prohibited and Contractor must immediately notify the Railway's Resource
Operations Center at ( 832-.5452, of any discharge, release or spills in excess
of a reportable quantity. Contractor must not allow Railway Property to become a
treatment, storage or transfer facility as those terms are defined in the Resource
Conservation and Recovery Act or any state analogue.
1.03.10 The Contractor upon completion of the work covered by this contract,
must promptly remove from the Railway's Property all of Contractor's tools,
equipment, implements and other materials, whether brought upon said property by
said Contractor or any Subcontractor, employee or agent of Contractor or of any
Subcontractor, and must cause Railway's Property to be left in a condition
acceptable to the Railway's representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety
Action Plan:
• 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a
track must develop and implement a Roadway Worker Protection /On Track Safety
Program and work with Railway Project Representative to develop an on track safety
strategy as described in the guidelines listed in the on track safety portion of the
Safety Orientation. This Program must provide Roadway Worker protection /on track
training for all employees of the Contractor, its subcontractors, agents or invitees.
This training is reinforced at the job site through job safety briefings. Additionally,
each Contractor must develop and implement the Safety Action Plan, as provided for
on the web site hftp://bnsfcontractor.com/, which will be made available to
Railway prior to commencement of any work on Railway Property. During the
performance of work, the Contractor must audit its work activities. The Contractor
must designate an on -site Project Supervisor who will serve as the contact person
for the Railway and who will maintain a copy of the Safety Action Plan, safety audits
and Material Safety Datasheets (MSDS), at the job site.
1.04.02 Contractor shall have a background investigation performed on all of its
employees, subcontractors and agents who will be performing any services for
Railroad under this Agreement which are determined by Railroad in its sole
discretion a) to be on Railroad's property, or b) that require access to Railroad
Critical Infrastructure, Railroad Critical Information Systems, Railroad's Employees,
Hazardous Materials on Railroad's property or is being transported by or otherwise
in the custody of Railroad, or Freight in Transit involving Railroad.
38
44
BNSF°
RAILWAY
The required background screening shall at a minimum meet the rail industry
background screening criteria defined by the e- RAILSAFE Program as outlined at
htt : / /www.e- railsafe.com, in addition to any other applicable regulatory
requirements.
Contractor shall obtain written consent from all its employees, subcontractors or
agents screened in compliance with the e- RAILSAFE Program to participate in the
Program on their behalf and to release completed background information to
Railroad's designee. Contractor shall be subject to periodic audit to ensure
compliance.
Contractor subject to the e- RAILSAFE Program hereunder shall not permit any of its
employees, subcontractors or agents to perform services hereunder who are not first
approved under e- RAILSAFE Program standards. Railroad shall have the right to
deny entry onto its premises or access as described in this section above to any of
Contractor's employees, subcontractors or agents who do not display the authorized
identification badge issued by a background screening service meeting the
standards set forth in the e- RAILSAFE Program, or who in Railroad's opinion, which
may not be unreasonable, may pose a threat to the safety or security of Railroad's
operations, assets or personnel.
Contractors shall be responsible for ensuring that its employees, subcontractors and
agents are United States citizens or legally working in the United States under a
lawful and appropriate work VISA or other work authorization.
1.05 Railway Flagger Services:
1.05.01 The Contractor must give Railway's Roadmaster (telephone )
a minimum of thirty (30) calendar days advance notice when flagging services will be
required so that the Roadmaster can make appropriate arrangements (i.e., bulletin
the flagger's position). If flagging services are scheduled in advance by the
Contractor and it is subsequently determined by the parties hereto that such
services are no longer necessary, the Contractor must give the Roadmaster five (5)
working days advance notice so that appropriate arrangements can be made to
abolish the position pursuant to union requirements.
1.05.02 Unless determined otherwise by Railway's Project Representative,
Railway flagger will be required and furnished when Contractor's work activities are
located over, under and /or within twenty -five (25) feet measured horizontally from
centerline of the nearest track and when cranes or similar equipment positioned
beyond 25 -feet from the track centerline could foul the track in the event of tip over
or other catastrophic occurrence, but not limited thereto for the following conditions:
39
El
sillvs�
RAIL WAY
• 1.05.02a When, upon inspection by Railway's Representative, other conditions
warrant.
• 1.05.02b When any excavation is performed below the bottom of tie elevation, if,
in the opinion of Railway's representative, track or other Railway
facilities may be subject to movement or settlement.
• 1.05.02c When work in any way interferes with the safe operation of trains at
timetable speeds.
• 1.05.02d When any hazard is presented to Railway track, communications,
signal, electrical, or other facilities either due to persons, material,
equipment or blasting in the vicinity.
• 1.05.02e Special permission must be obtained from the Railway before moving
heavy or cumbersome objects or equipment which might result in
making the track impassable.
1.05.03 Flagging services will be performed by qualified Railway flaggers.
• 1.05.03a Flagging crew generally consists of one employee. However,
additional personnel may be required to protect Railway Property and
operations, if deemed necessary by the Railways Representative.
• 1.05.03b Each time a flagger is called, the minimum period for billing will be the
eight (8) hour basic day.
• 1.05.03c The cost of flagger services provided by the Railway will be borne by
City of Tukwila Washington. The estimated cost for one (1) flagger is
approximately between $800.00 - $1,600.00 for an eight (8) hour basic
day with time and one -half or double time for overtime, rest days and
holidays. The estimated cost for each flagger includes vacation
allowance, paid holidays, Railway and unemployment insurance, public
liability and property damage insurance, health and welfare benefits,
vehicle, transportation, meals, lodging, radio, equipment, supervision
and other costs incidental to performing flagging services.
Negotiations for Railway labor or collective bargaining agreements and
rate changes authorized by appropriate Federal authorities may
increase actual or estimated flagging rates. THE FLAGGING RATE IN
EFFECT AT THE TIME OF PERFORMANCE BY THE
CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE
ACTUAL COSTS OF FLAGGING PURSUANT TO THIS
PARAGRAPH.
40
[1111
B/II "A='
RAILWAY
• 1.05.03d The average train traffic on this route is 36 freight trains per 24 -hour
period at a timetable speed 50 MPH and 24 passenger trains at a
timetable speed of 79 MPH.
1.06 Contractor General Safety Requirements
1.06.01 Work in the proximity of railway track(s) is potentially hazardous where
movement of trains and equipment can occur at any time and in any direction. All
work performed by contractors within 25 feet of any track must be in compliance with
FRA Roadway Worker Protection Regulations.
1.06.02 Before beginning any task on Railway Property, a thorough job safety
briefing must be conducted with all personnel involved with the task and repeated
when the personnel or task changes. If the task is within 25 feet of any track, the job
briefing must include the Railway's flagger, as applicable, and include the
procedures the Contractor will use to protect its employees, subcontractors, agents
or invitees from moving any equipment adjacent to or across any Railway track(s).
1.06.03 Workers must not work within 25 feet of the centerline of any track without
an on track safety strategy approved by the Railway's Project Representative.
When authority is provided, every contractor employee must know: (1) who the
Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the
method of communication to stop and resume work, and (4) location of the
designated places of safety. Persons or equipment entering flag /work limits that
were not previously job briefed, must notify the flagger immediately, and be given a
job briefing when working within 25 feet of the center line of track.
• 1.06.04 When Contractor employees are required to work on the Railway Property
after normal working hours or on weekends, the Railway's representative in charge
of the project must be notified. A minimum of two employees must be present at all
times.
1.06.05 Any employees, agents or invitees of Contractor or its subcontractors
under suspicion of being under the influence of drugs or alcohol, or in the
possession of same, will be removed from the Railway's Property and subsequently
released to the custody of a representative of Contractor management. Future
access to the Railway's Property by that employee will be denied.
1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains
must be reported immediately to the Railway's representative in charge of the
project. Any vehicle or machine which may come in contact with track, signal
equipment, or structure (bridge) and could result in a train derailment must be
41
Cf/
B/VSF.
HA /L WAY
reported immediately to the Railway representative in charge of the project and to
the Railway's Resource Operations Center at 1(800) 832 -5452. Local emergency
numbers are to be obtained from the Railway representative in charge of the project
prior to the start of any work and must be posted at the job site.
1.06.07 For safety reasons, all persons are prohibited from having pocket knives,
firearms or other deadly weapons in their possession while working on Railway's
Property.
1.06.08 All personnel protective equipment (PPE) used on Railway Property must
meet applicable OSHA and ANSI specifications. Current Railway personnel
protective equipment requirements are listed on the web site,
htt Xbnsfcontractor.com /, however, a partial list of the requirements include: a)
safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats;
c) safety shoe with: hardened toes, above - the -ankle lace -up and a defined heel; and
d) high visibility retro - reflective work wear. The Railway's representative in charge of
the project is to be contacted regarding local specifications for meeting requirements
relating to hi- visibility work wear. Hearing protection, fall protection, gloves, and
respirators must be worn as required by State and Federal regulations. N( OTE _
Should there be a discrepancy between the information contained on the web
site and the information in this ParaciEgoh, the web site will govern.)
1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS,
MACHINERY OR EQUIPMENT CLOSER THAN 25' -0" TO THE CENTER LINE OF
THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT
MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY /RAIL
AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING,
WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN
APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE
CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE
OF THE RAILWAY'S REPRESENTATIVE.
1.06.10 Machines or vehicles must not be left unattended with the engine running,
Parked machines or equipment must be in gear with brakes set and if equipped with
blade, pan or bucket, they must be lowered to the ground. All machinery and
equipment left unattended on Railway's Property must be left inoperable and
secured against movement. (See internet Engineering Contractor Safety Orientation
program for more detailed specifications)
1.06.11 Workers must not create and leave any conditions at the work site that
would interfere with water drainage. Any work performed over water must meet all
Federal, State and Local regulations.
• 1.06.12 All power line wires must be considered dangerous and of high voltage
42
48
B ~"A#='
RAILWAY
unless informed to the contrary by proper authority. For all power lines the minimum
clearance between the lines and any part of the equipment or load must be; 200 KV
or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV -
35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a
minimum clearance of 45 feet must be maintained. A person must be designated to
observe clearance of the equipment and give a timely warning for all operations
where it is difficult for an operator to maintain the desired clearance by visual means.
1.07 Excavation:
1.07.01 Before excavating, the Contractor must determine whether any
underground pipe lines, electric wires, or cables, including fiber optic cable systems
are present and located within the Project work area. The Contractor must
determine whether excavation on Railway's Property could cause damage to buried
cables resulting in delay to Railway traffic and disruption of service to users. Delays
and disruptions to service may cause business interruptions involving loss of
revenue and profits. Before commencing excavation, the Contractor must contact
Field i ri ng Representative ( _j, All underground
and overhead wires will be considered HIGH VOLTAGE and dangerous until verified
with the company having ownership of the line. It is the Contractor's
responsibility to notify any other companies that have underground utilities in
the area and arrange for the location of all underground utilities before
excavating.
1.07.02 The Contractor must cease all work and notify the Railway immediately
before continuing excavation in the area if obstructions are encountered which do
not appear on drawings. If the obstruction is a utility and the owner of the utility can
be identified, then the Contractor must also notify the owner immediately. If there is
any doubt about the location of underground cables or lines of any kind, no work
must be performed until the exact location has been determined. There will be no
exceptions to these instructions.
1.07.03 All excavations must be conducted in compliance with applicable OSHA
regulations and, regardless of depth, must be shored where there is any danger to
tracks, structures or personnel.
1.07.04 Any excavations, holes or trenches on the Railway's Property must be
covered, guarded and /or protected when not being worked on. When leaving work
site areas at night and over weekends, the areas must be secured and left in a
condition that will ensure that Railway employees and other personnel who may be
working or passing through the area are protected from all hazards. All excavations
must be back filled as soon as possible.
43
[R:1
BASF"
HA /L WAY
1.08 Hazardous Waste, Substances and Material Reporting:
1.08.01 If Contractor discovers any hazardous waste, hazardous substance,
petroleum or other deleterious material, including but not limited to any
non - containerized commodity or material, on or adjacent to Railway's Property, in or
near any surface water, swamp, wetlands or waterways, while performing any work
under this Agreement, Contractor must immediately: (a) notify the Railway's
Resource Operations Center at 1(800) 832 -5452, of such discovery: (b) take
safeguards necessary to protect its employees, subcontractors, agents and /or third
parties: and (c) exercise due care with respect to the release, including the taking of
any appropriate measure to minimize the impact of such release.
1.09 Personal Injury Reporting
1.09.01 The Railway is required to report certain injuries as a part of compliance
with Federal Railroad Administration (FRA) reporting requirements. Any personal
injury sustained by an employee of the Contractor, subcontractor or Contractor's
invitees while on the Railway's Property must be reported immediately (by phone
mail if unable to contact in person) to the Railway's representative in charge of the
project. The Non - Employee Personal Injury Data Collection Form contained herein
is to be completed and sent by Fax to the Railway at 1(817) 352 -7595 and to the
Railway's Project Representative no later than the close of shift on the date of the
injury.
44
6717
B~",#='
RAILWAY
B/VSF
7717 TAT NON- EMPLOYEE PERSONAL INJURY DATA COLLECTION
(If injuries are in connection with rail equipment accident /incident, highway rail grade crossing accident or automobile
accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that
injuries relate to that specific event.)
Injured Person Type:
❑ Passenger on train (C) ❑ Non- employee (N)
(r.:e,, emp ofanatherrailraad ar flan -9W Egp ima /ved in vehicle accident including
company vehicles)
Contractor /safety sensitive (F) F—] Contractor /non- safety sensitive (G)
Volunteer /safety sensitive (H) F—] Volunteer /other non- safety sensitive (1)
Non - trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not
go around or through gates
Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went
around or through gates
Non - trespasser (J) - Off railroad property
If train involved, Train ID:
Transmit attached information to Accident /Incident Reporting Center by:
Fax 1 -817 -352 -7595 or by Phone 1- 800- 697 -6736 or email to: Accident -Re nrtin .Centerl *BNSF.com
Officer Providing Information:
(Name)
(Employee No.) (Phone #)
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM
DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 03 U.S.C. 490
45
611
NON- EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REGUIREO TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT
INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
I. Accident City /St:
County:
(if non BNSF location)
Mile Post / Line Segment:
5. Driver's License No (and state) or other ID:
G. Name (last, first, mi):
7. Address:
B. Date of Birth:
Shone Number:
9. Injury:
(i.e., Laceration, etc.)
II. Description of Accident (To include location, action, result, etc.):
12. Treatment:
First Aid Only
❑ Required Medical Treatment
Other Medical Treatment
13. Dr. Name:
14. Dr. Address:
Street:
15. Hospital Name:
16. Hospital Address:
Street:
17. Diagnosis:
City:
Citv:
2. Date:
3. Temperature:
SSN (required):
Time:
4. Weather:
City: St: Zip:
and /or Age: Gender:
(if available)
Employer:
10. Body Part:
Date:
(i.e., Hand, etc.)
St: Zip:
St: Zip:
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS
AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490
6%
EXHIBIT " "C -1"
Agreement Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Railway File:
Agency Project: Boeing Access Rd Bridge (085597G) Widening
Accordingly, in consideration of Railway granting permission to Contractor to enter upon
Railway Property and as an inducement for such entry, Contractor, effective on the date
of the Agreement, has agreed and does hereby agree with Railway as follows:
1) RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds harmless
Railway for all judgments, awards, claims, demands, and expenses (including
attorneys' fees), for injury or death to all persons, including Railway's and
Contractor's officers and employees, and for loss and damage to property
belonging to any person, arising in any manner from Contractor's or any of
Contractor's subcontractors' acts or omissions or any work performed on or
about Railway's property or right -of -way.
This obligation shall not include such claims, costs, damages, or expenses
which may be caused by the sole negligence of Railway or its contractors,
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53
agents or employees; Provided, that if the claims or damages are caused
by or result from the concurrent negligence or other acts or omissions of
(a) Railway, its contractors, agents or employees and (b) Contractor, its
subcontractors, agents or employees, this provision shall be valid and
enforceable only to the extent of the negligence of the Contractor, its
subcontractors, agents or employees.
It is mutually negotiated between the parties that the indemnification
obligation shall include all claims brought by Contractor's employees
against Railway, its agents, servants, employees or otherwise, and
Contractor expressly waives its immunity under the industrial insurance
act (RCW Title 51) and assumes potential liability for all actions brought by
its employees.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR
INCLUDES 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 LOCOMOTIVE INSPECTION ACT, WHENEVER SO
CLAIMED.
Contractor further agrees, at its expense, in the name and on behalf of Railway,
that it will adjust and settle all claims made against Railway, and will, 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 will give
notice to Contractor, in writing, of the receipt or dependency of such claims and
thereupon Contractor must proceed to adjust and handle to a conclusion such
claims, and in the event of a suit being brought against Railway, Railway may
forward summons and complaint or other process in connection therewith to
Contractor, and Contractor, at Railway's discretion, must 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.
In addition to any other provision of this Agreement, in the event that all or any
portion of this Article shall be deemed to be inapplicable for any reason, including
without limitation as a result of a decision of an applicable court, legislative
enactment or regulatory order, the parties agree that this Article shall be
interpreted as requiring Contractor to indemnify Railway to the fullest extent
permitted by applicable law.
It is mutually understood and agreed that the assumption of liabilities and
indemnification provided for in this Agreement survive any termination of this
Agreement.
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54
2) TERM
This Agreement is effective from the date of the Agreement until (i) the
completion of the project set forth herein, and (ii) full and complete payment to
Railway of any and all sums or other amounts owing and due hereunder.
3) INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the
life of this Agreement the following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad
form contractual liability with a combined single limit of a minimum of
$5,000,000 each occurrence and an aggregate limit of at least $10,000,000
but in no event less than the amount otherwise carried by the Contractor.
Coverage must be purchased on a post 2004 ISO occurrence form or
equivalent and include coverage for, but not limit to the following:
♦ Bodily Injury and Property Damage
♦ Personal Injury and Advertising Injury
♦ Fire legal liability
♦ Products and completed operations
This policy shall also contain the following endorsements, which shall be
indicated on the certificate of insurance:
♦ The definition of insured contract shall be amended to remove any
exclusion or other limitation for any work being done within 50 feet of
railroad property.
♦ Waver of subrogation in favor of and acceptable to Railway.
♦ Additional insured endorsement in favor of and acceptable to Railway.
♦ Separation of insureds.
♦ The policy shall be primary and non - contributing with respect to any
insurance carried by Railway.
It is agreed that the workers' compensation and employers' liability related
exclusions in the Commercial General Liability insurance policy(s) required
herein are intended to apply to employees of the policy holder and shall not
apply to Railway employees.
No other endorsements limiting coverage as respects obligations under this
Agreement may be included on the policy with regard to the work being
performed under this agreement.
49 of 62
M.
B. Business Automobile Insurance. This insurance shall contain a combined
single limit of at least $1,000,000 per occurrence, and include coverage for,
but not limited to the following:
♦ Bodily injury and property damage
♦ Any and all vehicles owned, used or hired
The policy shall also contain the following endorsements or language, which
shall be indicated on the certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railway.
♦ Additional insured endorsement in favor of and acceptable to Railway.
♦ Separation of insureds.
♦ The policy shall be primary and non - contributing with respect to any
insurance carried by Railway.
C. Workers Compensation and Employers Liability insurance including coverage
for, but not limited to:
♦ Contractor's statutory liability under the worker's compensation laws of
the state(s) in which the work is to be performed. If optional under
State law, the insurance must cover all employees anyway.
♦ Employers' Liability (Part B) with limits of at least $500,000 each
accident, $500,000 by disease policy limit, $500,000 by disease each
employee.
This policy shall also contain the following endorsements or language, which
shall be indicated on the certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railway.
D. Railroad Protective Liability insurance naming only the Railway as the
Insured with coverage of at least $5,000,000 per occurrence and $10,000,000
in the aggregate. The policy Must be issued on a standard ISO form CG 00
35 12 04 and include the following:
♦ Endorsed to include the Pollution Exclusion Amendment
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
♦ Endorsed to remove any exclusion for punitive damages.
♦ No other endorsements restricting coverage may be added.
♦ The original policy must be provided to the Railway prior to performing
any work or services under this Agreement
♦ Definition of "Physical Damage to Property" shall be endorsed to read:
"means direct and accidental loss of or damage to all property owned
by any named insured and all property in any named insured' care,
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6711
custody, and control arising out of the acts or omissions of the
contractor named on the Declarations.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate
(if available) in Railway's Blanket Railroad Protective Liability Insurance Policy.
Other Requirements:
Where allowable by law, all policies (applying to coverage listed above) shall
contain no exclusion for punitive damages.
Contractor agrees to waive its right of recovery against Railway for all claims and
suits against Railway. In addition, its insurers, through the terms of the policy or
policy endorsement, waive their right of subrogation against Railway for all
claims and suits. Contractor further waives its right of recovery, and its insurers
also waive their right of subrogation against Railway for loss of its owned or
leased property or property under Contractor's care„ custody or control.
Allocated Loss Expense shall be in addition to all policy limits for coverages
referenced above.
Contractor is not allowed to self- insure without the prior written consent of
Railway. If granted by Railway, any self - insured retention or other financial
responsibility for claims shall be covered directly by Contractor in lieu of
insurance. Any and all Railway liabilities that would otherwise, in accordance
with the provisions of this Agreement, be covered by Contractor's insurance will
be covered as if Contractor elected not to include a deductible, self- insured
retention or other financial responsibility for claims.
Prior to commencing services, Contractor shall furnish to Railway an acceptable
certificate(s) of insurance from an authorized representative evidencing the
required coverage(s), endorsements, and amendments.. The certificate should be
directed to the following address:
BNSF Railway Company
c/o CertFocus
P.O. Box 140528
Kansas City, MO 64114
Toll Free: 877 - 576 -2378
Fax number: 817 - 840 -7487
Email: BNSF certfocus.com
www.certfocus.com
51 of 62
M
Contractor shall notify Railway in writing at least 30 days prior to any
cancellation, non - renewal, substitution or material alteration.
Any insurance policy shall be written by a reputable insurance company
acceptable to Railway or with a current Best's Guide Rating of A- and Class VII
or better, and authorized to do business in the state(s) in which the service is to
be provided.
If coverage is purchased on a "claims made" basis, Contractor hereby agrees to
maintain coverage in force for a minimum of three years after expiration,
cancellation or termination of this Agreement. Annually Contractor agrees to
provide evidence of such coverage as required hereunder.
Contractor represents that this Agreement has been thoroughly reviewed by
Contractor's insurance agent(s) /broker(s), who have been instructed by
Contractor to procure the insurance coverage required by this Agreement.
Not more frequently than once every five years, Railway may reasonably modify
the required insurance coverage to reflect then - current risk management
practices in the railroad industry and underwriting practices in the insurance
industry.
If any portion of the operation is to be subcontracted by Contractor, Contractor
shall require that the subcontractor shall provide and maintain insurance
coverage(s) as set forth herein, naming Railway as an additional insured, and
shall require that the subcontractor shall release, defend and indemnify Railway
to the same extent and under the same terms and conditions as Contractor is
required to release, defend and indemnify Railway herein.
Failure to provide evidence as required by this section shall entitle, but not
require, Railway to terminate this Agreement immediately. Acceptance of a
certificate that does not comply with this section shall not operate as a waiver of
Contractor's obligations hereunder.
The fact that insurance (including, without limitation, self - insurance) is obtained
by Contractor shall not be deemed to release or diminish the liability of
Contractor including, without limitation, liability under the indemnity provisions of
this Agreement. Damages recoverable by Railway shall not be limited by the
amount of the required insurance coverage.
In the event of a claim or lawsuit involving Railway arising out of this agreement,
Contractor will make available any required policy covering such claim or lawsuit.
These insurance provisions are intended to be a separate and distinct obligation
on the part of the Contractor. Therefore, these provisions shall be enforceable
and Contractor shall be bound thereby regardless of whether or not indemnity
52 of 62
58
provisions are determined to be enforceable in the jurisdiction in which the work
covered hereunder is performed.
For purposes of this section, Railway shall mean "Burlington Northern Santa Fe
LLC ", "BNSF Railway Company" and the subsidiaries, successors, assigns and
affiliates of each.
4) SALES AND OTHER TAXES
In the event applicable sales taxes of a state or political subdivision of a state of
the United States are levied or assessed in connection with and directly related
to any amounts invoiced by Contractor to Railway ( "Sales Taxes "), Railway shall
be responsible for paying only the Sales Taxes that Contractor separately states
on the invoice or other billing documents provided to Railway; provided, however,
that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax
exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor
shall be responsible for all sales, use, excise, consumption, services and other
taxes which may accrue on all services, materials, equipment, supplies or
fixtures that Contractor and its subcontractors use or consume in the
performance of this Agreement, (iii) Contractor shall be responsible for Sales
Taxes (together with any penalties, fines or interest thereon) that Contractor fails
to separately state on the invoice or other billing documents provided to Railway
or fails to collect at the time of payment by Railway of invoiced amounts (except
where Railway claims a Sales Tax exemption), and (iv) Contractor shall be
responsible for Sales Taxes (together with any penalties, fines or interest
thereon) if Contractor fails to issue separate invoices for each state in which
Contractor delivers goods, provides services or, if applicable, transfers intangible
rights to Railway.
Upon request, Contractor shall provide Railway satisfactory evidence that all
taxes (together with any penalties, fines or interest thereon) that Contractor is
responsible to pay under this Agreement have been paid. If a written claim is
made against Contractor for Sales Taxes with respect to which Railway may be
liable for under this Agreement, Contractor shall promptly notify Railway of such
claim and provide Railway copies of all correspondence received from the taxing
authority. Railway shall have the right to contest, protest, or claim a refund, in
Railway's own name, any Sales Taxes paid by Railway to Contractor or for which
Railway might otherwise be responsible for under this Agreement; provided,
however, that if Railway is not permitted by law to contest any such Sales Tax in
its own name, Contractor shall, if requested by Railway at Railway's sole cost
and expense, contest in Contractor's own name the validity, applicability or
amount of such Sales Tax and allow Railway to control and conduct such
contest.
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6VI
Railway retains the right to withhold from payments made under this Agreement
amounts required to be withheld under tax laws of any jurisdiction. If Contractor
is claiming a withholding exemption or a reduction in the withholding rate of any
jurisdiction on any payments under this Agreement, before any payments are
made (and in each succeeding period or year as required by law), Contractor
agrees to furnish to Railway a properly completed exemption form prescribed by
such jurisdiction. Contractor shall be responsible for any taxes, interest or
penalties assessed against Railway with respect to withholding taxes that
Railway does not withhold from payments to Contractor.
5) EXHIBIT "C" CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations, .
requirements and limitations contained in the Agreement, and the Contractor
Requirements set forth on Exhibit "C" attached to the Agreement and this
Agreement, including, but not be limited to, payment of all costs incurred for any
damages to Railway roadbed, tracks, and /or appurtenances thereto, resulting
from use, occupancy, or presence of its employees, representatives, or agents or
subcontractors on or about the construction site. Contractor shall execute a
Temporary Construction Crossing Agreement or Private Crossing Agreement
( htt:a ��www. bnsf .comlcommunitiesfags�permits- real - estate ), for any temporary
crossing requested to aid in the construction of this Project, if approved by BNSF.
6) TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway
(including its affiliated railway companies, and its tenants) for, from and against
all damages arising from any unscheduled delay to a freight or passenger train
which affects Railway's ability to fully utilize its equipment and to meet customer
service and contract obligations. Contractor will be billed, as further provided
below, for the economic losses arising from loss of use of equipment, contractual
loss of incentive pay and bonuses and contractual penalties resulting from train
delays, whether caused by Contractor, or subcontractors, or by the Railway
performing work under this Agreement. Railway agrees that it will not perform
any act to unnecessarily cause train delay.
For loss of use of equipment, Contractor will be billed the current freight train
hour rate per train as determined from Railway's records. Any disruption to train
traffic may cause delays to multiple trains at the same time for the same period.
Additionally, the parties acknowledge that passenger, U.S. mail trains and certain
other grain, intermodal, coal and freight trains operate under incentive /penalty
contracts between Railway and its customer(s). Under these arrangements, if
Railway does not meet its contract service commitments, Railway may suffer loss
54 of 62
60
of performance or incentive pay and /or be subject to penalty payments.
Contractor is responsible for any train performance and incentive penalties or
other contractual economic losses actually incurred by Railway which are
attributable to a train delay caused by Contractor or its subcontractors.
The contractual relationship between Railway and its customers is proprietary
and confidential. In the event of a train delay covered by this Agreement,
Railway will share information relevant to any train delay to the extent consistent
with Railway confidentiality obligations. The rate then in effect at the time of
performance by the Contractor hereunder will be used to calculate the actual
costs of train delay pursuant to this agreement.
Contractor and its subcontractors must give Railway's representative
(_) weeks advance notice of the times and
dates for proposed work windows. Railway and Contractor will establish mutually
agreeable work windows for the project. Railway has the right at any time to
revise or change the work windows due to train operations or service obligations,
Railway will not be responsible for any additional costs or expenses resulting
from a change in work windows. Additional costs or expenses resulting from a
change in work windows shall be accounted for in Contractor's expenses for the
project.
Contractor and subcontractors must plan, schedule, coordinate and conduct all
Contractor's work so as to not cause any delays to any trains.
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61
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized officer the day and year first above written.
< %Contractor. Legal Name %>
0
Printed Name:
Title:
Contact Person:
Address:
City:
State: Zip:
Fax:
Phone:
E -mail:
56 of 62
BNSF Railway Company
A
Name: Richard W. Wagner
Manager Public Projects NW Division
Accepted and effective on 2016.
62
EXHIBIT D
57 of 62
63
Date:
Mr. /Ms.
Exhibit E
[Public Projects Managers letterhead]
[Name of Agency Here]
[Address for Agency]
Re: Final Approval of Plans and Specifications dated , 20_, drafted
by -- [insert name of architecture i ri
firm here] (hereinafter called, the "Plans and Specifications ")
Dear
If the Plans and Specifications are revised by Agency subsequent to the date set forth above,
this letter shall no longer serve as final written approval of the Plans and Specifications and
Agency must resubmit said Plans and Specifications to BNSF for final written approval.
It is understood that the approvals contained in this letter do not cover, the approvals of plans
and specifications for any falsework, shoring, and demolition that may be subsequently
submitted to BNSF by CITY or its contractor for approval.
BNSF has not reviewed the design details or calculations for structural integrity or engineering
accuracy. BNSF accepts no responsibility for errors or omissions in the desi±in of the proiect.
Regards,
[Public Projects Manager's Name]
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64
Exhibit F
BNSF Bridge Requirements
BRIDGE DESIGN, PLANS & SPECIFICATIONS:
Except for the design of temporary falsework and shoring, BNSF review of the Structure plans
will be limited to the vertical and horizontal clearances, sight distance for existing train signals,
foundation dimensions and drainage characteristics as they relate to existing and future tracks.
BNSF will not review structural design calculations for the permanent Structure unless a member
or members are influenced by railroad live loads.
Temporary falsework and shoring plans and calculations must be reviewed and approved by
BNSF prior to beginning construction. The Agency shall perform an independent review of the
design calculations for temporary falsework and shoring prior to submitting them to BNSF for
approval. Temporary construction clearances must be no less than 15 feet measured horizontally
from the centerline of the nearest track and 21 feet -6 inches measured vertically from the top of
rail of the most elevated track to the bottom of lowest temporary falsework member. State
regulatory agencies may have more restrictive requirements for temporary railroad clearances.
For the permanent Structure, the Agency will submit plans showing the least horizontal distance
from the centerline of existing and future tracks to the face of the nearest member of the
proposed Structure. The location of the least horizontal distance must be accurately described
such that BNSF can determine where it will occur in both the horizontal and vertical plane. If
the permanent member is within 25 feet of the nearest track (or future track), collision walls shall
be incorporated into the permanent Structure design according to American Railway Engineering
and Maintenance Association Manual of Recommended Practice - Chapter 8 - Article 2.1.5.
For the permanent Structure, the Agency will submit plans showing the least vertical clearance
from top of the most elevated rail of existing and future tracks to the lowest point of the proposed
Structure. A profile of the existing top of rail elevation shall be plotted on the bridge plans. The
profile shall extend for 500 feet in each direction of the proposed Bridge and a separate profile
shall be plotted for each track. If the existing top of rail profile(s) is not uniform such that a sag
exists in the vicinity of the proposed Structure, the permanent Structure vertical clearance shall
be increased sufficiently to accommodate a raise in the track profile to remove the sag. Prior to
beginning construction of the permanent Structure, the top of rail elevations should be checked
and verified that they have not changed from the assumed elevations utilized for the design of the
bridge.
Prior to issuing any invitation to bid on construction of the Structure, the Agency should
conduct a pre -bid meeting where prospective Providers have the opportunity to communicate
with BNSF personnel regarding site specific train speeds, train density, and general safety
requirements for men and equipment working near live tracks. Any invitation to bid and
59 of 62
65
specifications for the Structure must be submitted to BNSF for review and approval prior to
letting of bids for the Project.
BRIDGE CONSTRUCTION:
After awarding the bid, but prior to the Provider entering BNSF's right -of —way or property, the
Agency should conduct a pre - construction meeting with BNSF personnel in attendance to
reiterate the safety requirements of construction activity adjacent to live tracks.
During construction, BNSF may require an independent engineering inspector to be present
during certain critical activities of the Project, including but not limited to: driving foundation
piles, erecting falsework, construction of shoring and retaining walls, placing concrete, placing
soil backfill and compaction processes. The Agency shall reimburse BNSF for all costs of
supplemental inspection services.
Within 90 days of the conclusion of the Project and final acceptance by BNSF, the Agency will
provide BNSF with a complete electronic set of the bridge plans labeled "As Built ". Those plans
will reflect any and all deviations from the original plans that occurred during construction. The
"As Built" plans will be submitted in Micro Station *.dgn electronic format (preferred) or
AutoCAD *.dwg format. Electronic plans are to be submitted in the original format used for
CAD plan preparation and not converted to another format prior to submission. Actual
measured "as constructed" clearances shall be shown as well as depth, size and location of all
foundation components. The plans shall show dimensioned locations of existing and relocated
utilities.
BRIDGE MAINTENANCE:
The Agency will be responsible for maintenance and repair of the Structure including the earth
retention components, embankment slopes, erosion control, surface drainage, fencing, deck
drains, landscaping, paint, walkways, handrails, lighting, and other improvements associated
with the Project.
Fencing and other pedestrian access controls within BNSF's right -of -way and incorporated into
the Project shall be designed and maintained by the Agency. Trespasser control shall be the
responsibility of the Agency. Graffiti removal will be the responsibility of the Agency.
BRIDGE INSPECTION:
The Agency will conduct annual routine structural inspections. In the event of an earthquake,
fire, flood, damage from vehicular impacts or other emergent situations, the Agency will provide
an immediate inspection by qualified personnel and notify BNSF of damage that may affect safe
passage of trains. If necessary the Agency will embargo weights or provide lane closures or
60 of 62
66
other such measures to protect the structural integrity of the Structure such that there can be
continuous safe passage of trains until repairs are made.
BRIDGE ALTERATIONS:
Except as provided otherwise by this Agreement, there will be no alterations made to the
Structure that will alter the railroad vertical or horizontal clearances provided by the original
design. Pipelines will be not be added or attached to the Structure without first submitting plans
and calculations to BNSF for review and approval.
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67
Exhibit G
Avenue Grade Separation Project
Estimated Total Project Cost
62 of 62
68
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** BUY AMERICA(N) APPLIES --
PLAN ITEM LINE SEG BEG MP END MP
TRK NBR BEGIN STATION ENDSrATI0N
PROJECT TYPE
BUD YEAR
22924,800I 51 702 7 0:2
3 BOEING
BOEING
INSPECTOR/ COORDINATOR 2016
CASH CAPITAL NONCASH CAPITAL
LABOR COSTS 0 0
MATERIAL COSTS 0 0
OTHER COSTS 0 0
m
SYSTEM MAINTENANCE AND PLANNING
ESTIMATE REP NUMBER 5928516
COSTING DATE 05MI(2016
***** MM N FAIN PROPRIETA RN CONFI DEN FIALITY ""0
...................................................... . ......... . ....................................................... . . ... . .............................................. ........................... ..........
FHPM ESTIMATE FOR
CITE" 0F7UK%%M.A
LOCATION BOEING DETMLS OF ESTIMAT' PLAN ITEM 229-144001 VERSION t
PURPOSE, JUSTIFICATION AND DESCRIPTION
PIP ENGINEERING INSPECTION NJ%rN DIV SEATTLE SUB LS 51 NIP 7 02X - DOT V 085597E . BOEING ACCESS BRIDGE - 1001". BILLABLE TO
CITE' OF TUKWILA, WA
REQUESTOR TYLER SCOTT GEYER.05/09116
PRIMARY FUNDING SOURCE IS CITY FUNDS
me BUY ANIERICA(N) APPLIES
DESCRIPTION
LA13OR
.1. 4 .. *. P.
NEAT EMAL
TOTAL LABOR COST
TOTAL MATERIAL COST
OMER
ENGINEERING INSPECTION
TOTAL OTHER ITENIS COST
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST
QUANTITY UM COST TOTAL $
0 0
0 0
Page 2 of 2
70
LOCATION
I:IOEINO
PLA.NITEM NUMBER
229244000
PROPERTY OF
BNSF RAILWAY COMPANY
OPERATED BY
II%NSF!R.AILWAY C'ONWANY
JOINT FACILATY
CPTY OF TUKWlLA
rro BILLABLE Q'a - /_I
1100 0
AUTHORITY FOR EXPENDITURE
LINE SESGNIEN`l"
5I
MILEPOST
702
EDI lSII0N
NW
SI;IIII:D VISION
SEA `Fl "ILIE
TRACK, TYPE:
3
TAX S"IATE
'WA
SPONSOR
VP ENGINEERING
APE: NUMBER
CASH CAPITAL
RPA NUMMER,
5929416
CPAR'NUNIBER
CB9600I6
IIUIDGET YE:A R
2016
BUDGET R:"LAIIS
6
REPORTING OFFICE':
716
CEN'IEIR /R.0I1 ..UP
29E1.5
PURPOSE, JUSTIFICATION AND DESCRIPTION
ION
PIP FLAGGING NIVN DIV SEATTLE SUB LS 31 NIP 7 02X -10471 4 O85597G - BOEING ACCESS BMDGE - 100% BILLABLE TO C'1TY OF 7 UKWILA,
WA
PRIMARY FUNDING SOURCE IS CITY FUNDS
** BUY ANIERICA(N) APPLIES -
PLAN ITEM LINE SEG BEG NIP ENO NIP T'RK NBR BEGIN STATION END STATION PROJECT TYPE BUD YEAR
2292.44000 51 702 702 3 BOEING BOEING FLAGGING 2016
SYSTEM MAINTENANCE AND PLANNING
ESTIMATE REP NUMBER 5928416
COSTING DATE 05/11/2016
Page 1 of 2
COSTS BILLABLE
0 84,999
0 0
II
PRINTED ON 05,13'2016
ESTIMATED BY Elkins
PRINTED BY Elkins
t !Z
ILd
CASH CAPITAL
NONCASH CAPITAL
OPERATING EXP
LABOR COSTS
0
0
0
MATERIAL COSTS
0
0
0
OTHER COSTS
0
0
0
TOTALS
0
0
0
SYSTEM MAINTENANCE AND PLANNING
ESTIMATE REP NUMBER 5928416
COSTING DATE 05/11/2016
Page 1 of 2
COSTS BILLABLE
0 84,999
0 0
II
PRINTED ON 05,13'2016
ESTIMATED BY Elkins
PRINTED BY Elkins
t !Z
ILd
*""** h A1,N,7'ApNPROPRIErARN"C'ONF8DENTIALO- )" `-
. . .......................................................... . ............................................. . ............................................. . . .............................. .. . ...............................
BNSF'RAILWM'COM)lAN)'
MPMES11MATE FOR
CM'0FTUKWH..,A
LOCATION BOEING DETAILS OF ESTIMATE PLAN ITEM 229244000 VERSM I
PURPOSE, JUSTIFICAT90N AND DESCRIPTION
PIP FLAGGING NWN DIV SEA ITLE SUB LS 51 NIP 7.02X - I.)o r g 08.5'597G -BOEING ACCESS BRIDGE 100%B l,C,A.B N -TOCtirYOFT,'UK%�'11,A,
WA
REQUESTOR TYLER SCOTT GEYER 05/09/16
PRIMARY FUNDING SOURCE IS CITY FLJM)S
BUN'ANIERICA(N) APPLIES roa
DESCRIPTION
LABOR
rom Pd rook tl'roR
FLAGGING - GRADING - CAP
PAYROLL ASSOCIATED COSTS
DA OVERHEADS
EQUIPMENT EXPENSES
INSURANCE EXPENSES
TOTAL LABOR COST
MATERIAL
TOTAL MATERIAL COST
OTHER
RENTAL VEMCILE
TOTAL OTHER RTNIS COST
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
GROSS PROJECT COS I'
LESS COST PAID BY BNSF
TOrAL BILLABLE COST
Page 2 of 2
QUANTITY UINI COST TOTAL S
9000 Mil 27,731
18,213
26,929
'7,470
4,656
84,999 84,999
0 0
rAl
City of Tukwila
Allan Ekberg, Mayor
TO: Transportation Committee
FROM: Bob Gibenomm,Pub|ic Works0irector^���—
BY: Cymdy Knighton, Senior Program Manager
CC: Mayor Ekberg
DATE: November 4, 2016
SUBJECT: 42 Id Ave South (S 160th — S 131s' PI) Phase III
Project No. 9941U303, Contract No 12-810
Supplemental Agreement No. 6
ISSUE
Authorize the Mayor to sign Supplemental Agreement NO. OVVith CH2K4HiU for $718'783.O5for
the combined 42 nd Ave S street improvements and Gilliam Creek Culvert design contract.
BACKGROUND
In February 2012, CH2MHiU began design work 00 8 project that combined the 42 nd Ave 8
(Southcente[ Blvd to S 160th St) roadway improvements and the Gilliam Creek culvert
F8p|RC8rO8D[ project. /# this time, the project is designed through the 9096 |8ve|' iDC|UdiDQ the
UDd8q][OUOdiDg Of 88ri8| utilities. At the 80% staff level review, 8 dHt8[DliD81iOD was made that
the project did OUtcomply with the City's Sensitive Areas Ordinance (SAO). The |G[g88t issue with
SAO compliance is the proposed storm water detention ponds location within the stream buffer.
AG8COOdG[y iGSU8 is 8 requirement to mitigate the [8|OC81iOD Of 14 feet O[less of the 8tr880 to
8||Ovv for the COOD8CLiOD to 8 new and more D8tU[8| St[B8nO bed that will [UD through the 16-foot-
wide new culvert.
DISCUSSION
GUpp|8[DeOLa| Aor8B[DeDt NO. 8 is needed for the redesign and F8|OC8bOD Of the SL000 water
detention facilities in order to comply with the City's shoreline buffer requirements, to develop a
mitigation plan for landscaping iD the stream buffer, and tO develop 8 mitigation plan for the stream
[e|VCatiOD from G 36-inch pipe to 8 more D81Un8| setting. Additional :0VndiD81iOD vvOrh with the
affected utilities is also necessary to both accommodate the revised design as well as the revised
construction schedule.
FINANCIAL IMPACT
The proposed 2O17C|P sheet for the 42» Ave S project haGbeenU tO allow funding for
this additional design work from the proposed increased construction budget.
Council k5 being asked k] approve Supplement No. 81O Contract No. 12-01O with CH2MHiUiOthe
80OUOL Of $218.783.O5 for the 42nd Ave S Phase ||| Project and CODSide[ this item at the
NOVH[Db8[ 14' 2010 Committee Of the Whole Meeting and SUbS8qU8Dt November 21, 2010
Regular meeting.
Attachments: Page u. Revised 2817 Proposed C|p
Supplemental Agreement No. 8
wApw eng\projects\a- rwu=projects\42nd aveo phase m(99410303 94-rsO3)\design\jnfo memo supp #6110416 sb.docx
73
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2017 to 2022
PROJECT: 42nd Ave South Phase III Project No. 99410303
DESCRIPTION: Design and construct street improvements, drainage, sidewalks, bike facilities, and driveway adjustments
JUSTIFICATION: Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization.
STATUS: (Phase III (S /C Blvd (154th) - S 160 St), Design began in 2012, construction in 2017. Project No. 99410303
Phase IV (S 139 St - S 131 PI) in beyond. Project No. 99410301
Phase 190 -RW15 (S /C Blvd (154) - 144 St) $3,796 & Phase II 94 -RS02 (144 -139) $1,850, both completed.
MAINT. IMPACT: Reduce pavement, shoulder, and drainage work.
COMMENT: Only Phase III is shown in active years. Project includes Surface Water's Gilliam Creek 42nd Ave S Culvert project
for $1.3m (pg. 100) and is part of the Walk & Roll Plan. Seattle City Light's funding is a 60/40 underground split.
FINANCIAL Through Estimated
(in $000's) 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL
EXPENSES
Phase IV
Design
1,000
174
211
1,385
Land (R/W)
100
100
Const. Mgmt.
750
322
560
1,632
Construction
2,323
1,086
3,800
7,209
Undergrounding
2,467
1,057
3,524
TOTAL EXPENSES
1,000
1 174
5,851
1 2,465
1 0
0
0
0
4,360
1 13,850
FUND SOURCES
Seattle City Light
1,077
462
1,539
Surface Water
144
4
148
Other Utilities
1
150
136
287
Bond
4,600
1,800
6,400
City Oper. Revenue
855
170
24
67
0
0
0
0
4,360
5,476
TOTAL SOURCES
1,000
174
5,851
1 2,465
1 0
0
0
0
4,360
13,850
74
2017 - 2022 Capital Improvement Program 2
City of Tukwila Agreement Number:
• 6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Amendment #6
Between the City of Tukwila and CH2M Hill Engineers, Inc
That portion of Contract No. 12 -010 between the City of Tukwila and CI-12M Hill Engineers,
Inc is amended as follows:
Section 2: Scope of Services shall be supplemented with the following:
The Consultant agrees to perform the services, identified on Exhibit A -1 attached hereto,
including the provision of all labor, materials, equipment and supplies.
Section 3: Time for Performance shall be modified as follows:
3. Time for Performance. Work under this contract shall commence upon the giving
of written notice by the City to the Consultant to proceed. The Consultant shall perform all
services and provide all work product required pursuant to this Agreement by December
31, 2017, unless an extension of such time is granted in writing by the City.
Section 4: Payment shall be modified as follows:
A. Payment for the work provided by the Consultant shall be made as provided in Exhibit
B -1, attached hereto, provided that the total amount of payment to the Consultant for
this work shall not exceed $218,783.05 without express written modification of the
Agreement signed by the City. The new total contract shall not exceed $1,383,340.62
without express written modification of the Agreement signed by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this day of
CITY OF TUKWILA
Allan Ekberg, Mayor
ATTEST /AUTHENTICATED
Christy O'Flaherty, MMC, City Clerk
20
CONTRACTOR
APPROVED AS TO FORM
City Attorney
Page 1 of 1
75
Exhibit A -1
40th— 42nd Ave S. Phase III
City of Tukwila
Amendment 6
Scope of Work
The scope of work is amended as follows:
•
The project schedule has incurred additional delays while permitting issues were being resolved
within the City. The CONSULTANT assisted in these discussions, developing concepts and
analyzing alternatives to the Detention Pond design. The result of these discussions has added
some significant changes to the design primarily related to the stormwater detention facilities. The
current direction is to eliminate the stormwater detention Pond adjacent to Gilliam Creek and
install a detention vault in S. 158th St., just west of 42nd Ave S. Additional coordination with private
utility service providers is required to resolve outstanding issues and finalize the design.
Feedback from the public outreach will also require design revisions.
Amendments 4 and 5 extended the duration from December 31, 2015 to December 31, 2016 without
any scope or budget adjustments. This Amendment 6 defines scope and budget adjustments for
additional services as well as account for the extended duration through December 31, 2017.
TASK 1
1. Project Management
Due to the 12 month time extension, additional project management is required for providing
overall project administration, team management, schedule management, scope and budget
management, and the preparation of progress reports and invoicing. With a credit for 2 months of
inactivity, the additional duration for purposes of project management is assumed to be 10
months.
Deliverables:
Monthly progress reports and invoices (10)
Bi- Monthly meeting materials (5), notes and action items
Schedule updates
r[ll
TASK 2
2. Gilliam Creek Culvert
2.5.2 Culvert 60%, 90%, and Final Design
Additional work will be required to coordinate with other Utilities (SCL, Century Link and
Comcast) related to the temporary support of their facilities during the culvert installation. We
need to facilitate a decision on how this work will be contracted and revise the contract documents.
Assumptions:
• CI-12M will participate in up to 6 meetings with utility providers and City Staff to reach a
conclusion/ decision on the preferred approach to the construction of the temporary support
system.
• CH2M will incorporate necessary plan revisions, special provisions, bid items/bid schedules
into the contract documents.
• The preferred approach is assumed to not require any additional design, including utility
support systems by CI-12M (beyond what was included in the 90 % submittal.)
Deliverables:
• Meeting notes and action items from design coordination with SCL, Century Link and
Comcast.
• Incorporate revisions to contract documents.
TASK 3
3. Geotechnical Engineering
Additional work will be required to determine the soil conditions and groundwater conditions at
the proposed detention vault site at the west leg of S 158th Street. Geotechnical exploration to
include 2 boring to a depth of 20 feet and a piezometer in one of the boring. Perform standard
penetration test sampling at 2.5 feet interval, and sieve size analyses.
Assumptions:
• No infiltration test will be performed.
• The CONSULTANT will collect monthly readings of the water level in the piezometer.
• Temporary closure of S 158th Street will be needed.
Deliverables:
• Technical memorandum to supplement the geotechnical data report and recommendation
report with design recommendations for the detention vault design.
TASK 4
4. Survey and Mapping
No additional work under this task
MA
TASK
5 30% Design
~~
No additional work under this task
TASK
d� Environmental �� �,��°
Documentation
��° ������wwonn��unK���u�°nn
6. 1 Environmental S upp~ rt
The CONSULTANT will provide the following support:
Assist Public Works 6nthe completion of the Special Permission Permit
Prepare plans and documentation related tothe landscaping plan required for the Special
Permission
• Prepare to show locations of plantings within the stream buffer and along
the roadway corridor
• Develop memorandum documenting how the project would mitigate tree removal
and the landscaping requirements based upon Tukwila Municipal Code.
Address comments from City of Tukwila Planning staff on Special Permissions
Application. Comments on the Special Permission Application will be delineated and
complete responses provided.
Coordinate with Public Works mn the Special Permissions Permit:
• One (1) meeting with Public Works hobe attended bnnpto two (2)CONSULTANT
team members with Public Works Staff to review proposals to address City of
Tukwila Planning comments on Special Permission Permit
• One (1) meeting with Public Works and Planning staff to discuss path forward with
regards to stormwater and Special Permission Permit. Meeting to be attended by up
to three (3) C[)N5TJ[IANI team members.
Development of concise working memorandum documenting preliminary determinations
of potential environmental issues related to alternatives to locating stormwater pond
adjacent to Gilliam Creek. Memorandum will address the environmental issues of up to six
(6) other locations 6u the project areatocoDeutanddiocbargeotozznwatmr.Inforzuadon will
be presented to City of Tukwila Public Works to assist infinding a location outside of
Gilliam Creek buffer.
Revise Special Permission Application and supporting information based upon
coordination and meeting with Public Works and Planning staff members. This will
include a5 year stream buffer monitoring plan that assumes the first year im performed 6v
the contractor and the following 4 years by the City ufTukwila.
Deliverables
• Special Permissions Permit Application. Application includes City o{ Tukwila application
form, Special Permissions permit information, and landscape plans
• Revised Special Permissions permit application package
• Memorandum addressing response to comments on the Special Permission.
78
TASK 7
7. Right of Way
7.1 Acquisitions from private property
Slope easements for two parcels.
Assumptions:
• Two (2) permanent Slope Easements are required (parcels #15854 and #15838)
Deliverables:
• Parcel/ Easement calculations, legal descriptions and exhibits
• Parcel/ Easement exhibits for each parcel (2)
• Record easement with King County (2)
• Appraisals (2)
• Negotiations with property owner (2) to secure the necessary rights
TASK 8
8. Agency, Stakeholder, and Community
Coordination
8.1. Stakeholder and Agency Coordination (CITY, Property Owners,
Utilities, WSDOT)
8.1.4. Utilities
The CONSULTANT will assist in additional coordination with utility companies including: Seattle
City Light (SCL), Comcast, Century Link and Zayo to facilitate finalize undergrounding plans for
power and communication lines along 42nd Ave S.
The CONSULTANT will assist in the coordination with Valley View Sewer regarding sewer
connections/ stubs for 3 parcels currently on septic system (#15458, #15837, #15838)
Assumptions:
• Up to 4 additional meetings with utility companies to coordinate the design of their facilities
with the other proposed project improvements.
Deliverables:
• Meeting minutes and action items
4
N*1
TASK
9 Contract
9,3~ Roadway and Sto r0hra^nage
9.3,1, Roadway Sections
The CONSULTANT will revise and update the ��w�to City directed
changes ' - [
to the bike facilities.
Deliverables:
* Revisions incorporated into the 100% Typical Roadway Sections
9.3~2. Paving, Grading and Drainage Plans and Profiles
The CONSULTANT will revise the plans tu incorporate the following design :
• Revise mtorzunmtoz collection and conveyance system bo direct the appropriate flow volume to
the new mtozzuwater vault buS.158th Street am described bz Task 9.S.3.
• Revise layout for the storm main north of 158th Street to move manhole covers out of the wheel
path due toa shift to the roadway centerline stripe.
• Revise the layout of the storm drain systems that discharges into the pond.
• Revise storm drain profiles ao needed per the revised layout.
• Revise Grading ou Parcels #l5854 and #l5838 where vve are changing frozuavvaDtoaalo9ed
interface.
• Revise limits of paving/overlay t* include the entire 16Uffiintersection.
Revisions incorporated into 100% Paving, Grading and Drainage Plans and Profiles and Detail
Sheets
9.3.3, Stormwater Management Facilities
• Design o[storuzwater vault inlet and outlet structures and associated storm drain
collection systems, grading and
• Two additional Plan sheets to show the vault details and section.
• Revise Demolition and Erosion Control Plans, and Paving Plans to cover changes around
the detention vault and the former detention pond site.
• Add an additional stormwater treatment device to the storm drain system (that was
formerly used to discharge to the pond) north o{ the culvert.
• The detention vault tobe pre-cast concrete.
• A Contractor designed aborbngnlanvviUbe required.
• One field visit
Deliverables:
* 100% St000weter Management Plans and Details (4)
80
9.5. Utility
9.5.2. Utility Undergrounding Plans — Power and Communication
The CONSULTANT will revise the plans to incorporate any changes that come out of the
additional coordination with SCL, Century Link, Comcast and ZAYO.
Deliverables:
• 100% Utility Undergrounding Plans, Profiles and Details (16)
9.6. Structures
No additional work under this task
9.7. Channelization, Illumination and Signing
The CONSULTANT will revise the plans to incorporate revisions to the striping including a shift
to the centerline stripe and striping for the bicycle facilities.
The CONSULTANT will coordinate with WSDOT regarding under bridge lighting.
Deliverables:
• Revisions incorporated into 100% Channelization, Illumination, and Signing Plans (6)
TASK 10
10. Specifications
Due to the changes to the stormwater detention facilities, and continued discussions related to
supporting Power and Communications lines during the construction of the culvert at Gilliam
Creek, additional work will be required to the specifications as follows:
The CONSULTANT will prepare and incorporate special provisions related to the Stormwater
detention vault and related facilities.
The CONSULTANT will prepare and incorporate special provisions related to the utility support
system at the culvert.
Deliverables:
• 100% Stormwater Detention Specifications
• 100% Stream Buffer Mitigation Specifications
1) 1 year monitoring plan
2) Temporary Irrigation
• 100% Special Provision and bid schedule for the Utility Support System at the culvert crossing
81
TASK 11
11. Cost Estimating
Due to the changes described above, additional work will be required for the cost estimate.
• 11.2 Engineer's Estimate
Deliverables:
• 100% Cost estimate
82
Exhibit B - Consultant Fee Summary
City of Tukwila
40th - 42nd Avenue South Phase III Amendment #6
10/28/2016
Budget Summary By Task
Task Description
Labor
Hours
Total
Labor
Total
Reimbursable
Overall
Totals
Roadway Design
Task 1 - Project Management
138
$25,267
$150
$25,417
Task 3 - Geotechnical Engineering
35
$4,268
$12,000
$16,268
Task 4 - Survey and Mapping
0
$0
$0
$0
Task 6 - Environmental Documentation
0
$0
$0
$0
Task 8 - Agency, Stakeholder & Community Coordination *
48
$10,447
$0
$10,447
Task 9 - Contract Drawings
358
$52,008
$0
$52,008
Task 10 - Specifications
80
$14,554
$0
$14,554
Task 11 -Cost Estimating
44
$7,233
$0
$7,233
Task 12 - Major Milestone Reviews (30 %, 60 %, 90 %, 100 %)
0
$0
$0
$0
Task 13 - Services Durino Biddin and Construction
0
$0
$0
$0
3 a "A
Culvert & Stormdrain
Task 1 - Project Management
49
$9,024
$0
$9,024
Task 2 - Gilliam Creek Culvert
58
$11,977
$0
$11,977
Task 3 - Geotechnical Engineering
23
$2,845
$0
$2,845
Task 4 - Survey and Mapping
0
$0
$0
$0
Task 5 - 30% Roadway Design
0
$0
$0
$0
Task 6 - Environmental Documentation
138
$28,926
$0
$28,926
Task 9 - Contract Drawings
140
19,911
$`0
$19,911
. @ e
rk"�6P,T ., ?{
< 3,
Right of Way
Task 1 - Project Management
10
$1,805
$0
$1,805
Task 7 - Ri ht of Way
50
$8,369
$10,000
$18,369
€+f';0• :'' r
'' {i" „I k4 ^r
€� 0. 4fV
hrXl ;frry?i P'
AMENDMENT #6 TOTALS '
1,171
$196,633
$22,150
$218,7$3
83
Exhibit B - Consultant Fee Determination
City of Tukwila
40th - 42nd Avenue South Phase!!! - Amendment 56
, ... CH2M HILL. INC -
Title .
Sr. Protect
Manager
Sr. Consultant
Br. Engineer
Engineer
Surveyor
Jr Engineer
Sr. Technician
Technician
Office
TOTAL
TOTAL
Requested 55 Rate
5242.52
$219.02
$192.77
5160.57
$135.73
$104.35
$138.61
$76.03
$93.83
Task Name; -
`
LOS
- LOE ,
- LOS. ,-
- LOE.
Lf
.` LO, ,
LOB
LOE _,
L00 -
Total
.Total
LOS
Dollars
T,�; �'�I��dan?irafft",..• °,��z �� . ��:'�� ,
e�<�8$ �
,4� i2�� �
>���9 ��
� 1i%�� ?
.. �-�o .�.,
-� ii�,
� � t%
�� . i!?zt
6tka� �
.��"i��, r
� 3t?sS,g
$26,746
1,1
Overall Project Management ",
68 -
:; 0
24
0
Q.,
; . 0
0
0 "
6p
152..
Time extensions and associated Project Management (10 months)
48
24
72
$16,267
Monthly Progress Report, and Invoices (10)
20
60
80
510,480
`•
.'1.2
Coordination MeetEtgs wtth`City ;= ;
, '.20 . ,
-,, 0
" 16
10 ,�
0.
-` 0
0
;
0
b "
45
:: 39,346; -
Bi- Monthly Project Team Meetings - 5 meetings, 2 Hours, 3 staff - City
and Bellevue Office: Meeting Agendas, Summaries, Action Items
20
15
10
45
$9,348
= s
060 MSS c :=P:. tit) irYi t(J¢ yYien tyi ti ti (i ,4i
�I�i i�
e
a
e
e
i
e
a
lv Yft e and a l i II II I �� �i �II���
e
s
1
t
r
,, rd p�r
ink nand
Additional Meetings Comcast (6 eetings,
Utility revisions
ki Me
n.
(1
.
o _
, 5711
n Conditions l
e
,
Complete Site Reconnaissance
4
417
Complete Subsurface Exploration and Laboratory Testing including
Coordination of Access Engineer Present
8
16
24
$3,212
Monthly Monitoring (5 months)
10
10
$1,044
Update Technical Memo
4
16
20
$2,441
Meetings - 2 meetings 3 staff
Special Permissions Permit Application
6
24
24
54
611,338
Revised Special Permissions Permit Application Package
2
24
24
50
$10,368
Memorandum addressing response to comments on the Special
Permission
•.
16
$3,294
t
c
a
•
e
a
ROW Acquisition Su••o
24
24
50
•e
t:
.:.' ) }j"... e.. •, !�i "WFs • �a9e "•i � "j srI I i. {
•
1
1
!
)
/
1
v V d yia �I . . ��piil�i'� �t ��I dl 4�(�l
e
•
0
i
i
e
e
48
e .
RoadwayantStormWaterDrairaa
2-
e
8
4 •
1
11
1 e,
i
r
98
1
Roadway Sect- orris *'�* ; ''
Revisions 100! Roadway Sections
Paving. Grading and Drainage: Plans and Profiles =
• i
Revisions 100% Roadway Paving, Grading and Drainage Plans and
Profiles and Detail Sheets
32
• e
60
60
20
232
$31,901
Evaluate Bike Lanes/sharrow configuration
2
16
83,681
StomWater Management Facilities, . ,
Prepare 100% Stormwater Management Plans and Details (4)
80
• e
20
140
Uth iity
e
e
e
1
e
17118ty Under®raurding Plans - Polder and Canununica0611
100% Utility Undergrounding Plans, Profiles and Details (16)
32
20
52
$8,941
Cbatinelization; Illumination, and Sign[ng, -
e
1
Revisions 100% Channetization, Illumination & Signing Plans & Details
(6)
p I
kV !i M�i 6 eal�NQ
f
- 1
1
t
i
•
100% Stormwater Detention Specifications
40
40
$6,423
100% Stream Buffer Mitigation Specifications
16
0
16
i
100°A Special Provision and bid schedule for the Utility Support System
at the culvert crossing
24
24
4,626
G
'$7,233�� =.
11,2
Engineer' Estimate ';
`' 4
0 "
16`�,.w=
,. ;..12' i =,
. it
. �:'12 -,
0
, 0
0; , ,.
4+F -'
100% Cost Estimate
4
16
12
12
44
$7,233
Exhibit B - Consultant Fee Summary
City of Tukwila
40th 42nd Avenue South Phase III
Direct Labor
Classification
Quantity X Rate _ Cost
Hours
x
Rate
=
Cost
Sr. Project Manager
Appraisals - Sub
160.0
Total Expenses
$242.52
$38,803.20
Sr. Consultant
78.0
$219.02
$17,083.56
Sr. Engineer
321.0
$192.77
$61,879.17
Engineer
202.0
$160.57
$32,435.14
Surveyor
24.0
$135.73
$3,257.52
Jr. Engineer
150.0
$104.35
$15,652.50
Sr. Technician
136.0
$138.61
$18,850.96
Technician
40.0
$76.03
$3,041.20
Office
60.0
$93.83
$5,629.80
1,171.0
$196,633.05
Expenses
Category
Quantity X Rate _ Cost
Drilling - Sub
$12,000.00
Travel - Mileage
277.8 $0.540 $150.00
Acquisitions - Sub
$5,000.00
Appraisals - Sub
$5,000.00
Total Expenses
$22,150.00
85
Exhibit B - Consultant Fee Summary
City of Tukwila
40th - 42nd Avenue South Phase 111
October 28, 2016
Reimbursables
Reimbursable Item
Task 1 - Project
Management
Task 3 -
Geotechnical
Engineeri ng
Task 7 - Right
of Way
Totals
Drilling - Sub
$12,000.00
$12,000.00
Travel - Mileage
$150.00
$150.00
Acquisitions - Sub
$5,000.00
$5,000.00
Appraisals - Sub
$5,000.00
$5,000.00
Totals
$150.00
$12,000.00
1 $10,000.00
1 $22,150.00
86
TO:
FROM
BY:
CC:
DATE:
Public Works Department - Bob Giberson, Director
Transportation Committee
Bob Giberson PE, Public Works Director fA
Scott Bates, Traffic Engineering Coordinator
Mayor Ekberg
November 4, 2016
SUBJECT: TIB & S 144th Street Midblock Crossing
Project No. 91610406
Bid Award
Allan Ekberg, Mayor
ISSUE
Award the bid for the retrofit construction of the Tukwila International Blvd (TIB) and 5144th Street Mid -block Crossing with
Rapid Flashing Rectangular beacons (RRFB) and ADA compliant curb ramps.
BACKGROUND
Phase 1 of the TIB improvements constructed two midblock crossings using overhead signs and in- roadway lighting. These in-
pavement systems were prone to failure and required frequent repairs to maintain operations. In 2014, the ADA Improvement
Project replaced the S 1501h St crossing with the Rapid Rectangular Flashing Beacon system.
In 2015, the City commissioned a pedestrian crossing evaluation by The Transpo Group to study the high levels of pedestrian
crossing activity near the Abu -Bakr Mosque, located at S 141s' St and TIB. Based on the study information, maintaining a TIB
crossing at the existing location between S 142nd St and S 1441h St and upgrading it to a RRFB signal was recommended.
In May 2016, three engineering firms were selected from the Municipal Research and Services Center (MRSC) Consultant
Roster and KPG Inc. was awarded the design contract for the project, which they completed in September 2016.
DISCUSSION
A call for bids was sent to the MRSC Small Works Roster and three bids were received on October 13 with Westwater
Construction Co. as the apparent low bidder at $88,300. The Engineer's estimate was $79,167. No errors were found in the
bid tabulation and a background check was conducted on Westwater Construction Co.
FINANCIAL IMPACT
Contract
2016 Budget
Bid Award
$88,300.00
Contingency (5 %)
4,415.00
Annual Traffic Signal Program
$ 74,500.00
ADA Improvements
20.300.00
Total
$_2 X15.00
94 800.00
RECOMMENDATION
Council is being asked to award the construction contract for the TIB & S 1441h St Midblock Crossing to Westwater
Construction Co. in the amount of $88,300.00 and consider this item on the Consent Agenda at the November 21, 2016
Regular Meeting.
Attachments: Pages 19 & 20, 2015 CIP
Bid tabulation
W:AI'W Eng \PROJECTSVA- RW & RS Projects \TIB -144th Midblock crossing (91610406)ADesignA1001/ designAAward\Info Memo TIB Mid -block Bid Award g] 110416.docx
87
CITY OFTUKVNLA CAPITAL PROJECT SUMMARY
2015 to 2020
PROJECT: Annual Traffic Signal Program Project Nu 81410404
Des�nand conauu��affica�na|upg�desand mpa�ufs�na��a exceed muhnomai�enancewn�;
D���0PUON'
' loop replacement, head replacement, and controllers. Replace direct bury cable for existing lighting system.
Cdyia adding t��cs�na|sminvemoryave�yeac New �a�ccontm|center wiUwarrant anaddhiuna|o�ff
JV�T|R�AT|�N�
� person tobe fully operational.
STATUS: LEDs are on a 4 to 5 year replacement cycle. Work includes adding additional signal heads, luminaires, loop
repairs, and controller upgrades including signal timing and coordination plans.
Reduces maimenonceoo�o.P�vamabvemaimenanceoneve�t��o signal ismquinodtobaoomp|�ed
�mmT�|xxpx�T�
quarterly.
COMMENT: Ongoing project, only one year actua|s shown in first column.
RmxmnvAL Through Estimated
EXPENSES
Design
25
35
35
40
40
45
45
265
Construction
115
100
80
80
80
80
80
80
80
775
TOTAL EXPENSES
115
100
105
115
115
120
120
125
125
1,040
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Traffic Impact Fees
0
City Oper. Revenue
115
100
105
115
115
120
120
125
125
1,040
TOTAL SOURCES
115
100
105
115
115
120
120
125
125
1,040
axo uo2n Capital Improvement Program 19
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
EXPENSES
201* to 200
PROJECT:
Americans with Disabilities Act (AOA) Improvements Project No. 91210405
DESCRIPTION:
Construct ADA compliant upgrades to City infrastructure in conjunction with a City developed plan.
The enforcement of ADA laws and standards was delayed pending legal challenges and studies. Recant
JUSTIFICATION:
court rulings now mandate ADA compliance. The City must provide upgrades with most construction projects.
STATUS:
Provide annual funding to construct improvements as necessary. For 2O15. develop u citywide plan.
MA|NT.|MPACT:
Negligible.
Pn4e�wiUbe ongoing und|Chyfoni|�osand in0o�m�ueme��8D&mquineme�o. Only one year a�ua|s
��k0D8�N��
shown in first column.
r|mxmCu\L
Through Estimated
(in $000's)
2013 2014 2015 2016 2017 2018 2019 202u REromo norA/
EXPENSES
Construction
93
50
50
50
50
50
50
50
443
TOTAL EXPENSES
31
109
163
63
63
63
63
63
63
681
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Traffic Impact Fees
0
City Oper. Revenue
31
109
163
63
63
63
63
63
63
681
TOTAL SOURCES
31
109
163
63
63
63
63
63
63
681
2015 - 2020 Capital Improvement Program 20
89
CITY OF TUKWILA
TIB & 144TH ST MIDBLOCK CROSSING
CONSTRUCTION COST ESTIMATE - 100% Submittal
KPG
SEATTLE - TACOMA
Project No.: 91610406
June 3, 2016
= ..,- c, t E , 4, x sa
Prime Efectnc
! Than Earthw irks
No.
Section
No.
Item
Quantity
Unit
Unit
Price
Total Cost
%S
Umt
Price
Total Cost
Uni#
Price
Total Cos#
= s =
ROADWAY
1
1 -04
Unexpected Site Changes
1
FA
$ 2,000.00
$ 2,000.00
$ 2,000.00
$ 2,000.00
$ 2,000.00
$ 2,000.00
$ 2,000.00
$ 2,000.00
2
1 -09
Mobilization
1
LS
$ 6,000.00
$ 6,000.00
$ 5,000.00
$ 5,000.00
$ 9,900.00
$ 9,900.00
$ 19,000.00
$ 19,000.00
3
1 -10
Project Temporary Traffic Control
1
LS
$ 4,000.00
$ 4,000.00
$ 8,000.00
$ 8,000.00
$ 8,000.00
$ 8,000.00
$ 30,000.00
$ 30,000.00
4
2 -01
Clearing and Grubbing
1
LS
$ 1,500.00
$ 1,500.00
$ 1,500.00
$ 1,500.00
$ 1,500.00
$ 1,500.00
$ 2,500.00
$ 2,500.00
5
2 -02
Removal of Structure and Obstruction
1
LS
$ 1,000.00
$ 1,000.00
$ 5,000.00
$ 5,000.00
$ 1,500.00
$ 1,500.00
$ 6,000.00
$ 6,000.00
6
2 -03
Roadway Excavation, Incl. Haul
100
SY
$ 25.00
$ 2,500.00
$ 50.00
$ 5,000.00
$ 45.00
$ 4,500.00
$ 38.00
$ 3,800.00
7
4 -04
Crushed Surfacing Top Course
20
TN
$ 30.00
$ 600.00
$ 25.00
$ 500.00
$ 100.00
$ 2,000.00
$ 265.00
$ 5,300.00
8
5 -04
HMA Class 1/2" PG 64 -22
15
TN
$ 150.00
$ 2,250.00
$ 500.00
$ 7,500.00
$ 350.00
$ 5,250.00
$ 450.00
$ 6,750.00
9
8 -01
Erosion / Water Pollution Control
1
FA
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$ 500.00
10
8 -01
Silt Fence
30
LF
$ 5.00
$ 150.00
$ 10.00
$ 300.00
$ 10.00
$ 300.00
$ 18.00
$ 540.00
11
8 -01
Inlet Protection
3
EA
$ 100.00
$ 300.00
$ 100.00
$ 300.00
$ 70.00
$ 210.00
$ 150.00
$ 450.00
12
8 -04
Cement Conc. Traffic Curb and Gutter
45
LF
$ 25.00
$ 1,125.00
$ 150.00
$ 7,500.00
$ 65.00
$ 3,250.00
$ 86.00
$ 4,300.00
TRAFFIC SIGNALS
13
8 -20
Rectangular Rapid Flashing Beacon (RRFB) System, Complete 1
LS $ 42,500.00
$ 42,500.00
$ 26,000.00
$ 26,000.00
$ 46,500.00
$ 46,500.00
$ 31,000.00
$ 31,000.00
SIDEWALK
14
8 -14
Cement Conc. Sidewalk
70
SY
$ 50.00
$ 3,500.00
$ 100.00
$ 7,500.00
$ 50.00
$ 3,750.00
$ 75.00
$ 5,625.00
15
8 -14
Cement Conc. Curb Ramp, Type A Perpendicular
2
EA
$ 800.00
$ 1,600.00
$ 2,500.00
$ 5,000.00
$ 1,750.00
$ 3,500.00
$ 2,300.00
$ 4,600.00
16
8 -14
Detectable Warning Surface
55
SF
$ 15.00
$ 825.00
$ 60.00
$ 3,300.00
$ 60.00
$ 3,300.00
$ 55.00
$ 3,025.00
TRAFFIC CONTROL DEVICES
17
8 -22
Thermoplastic Stop Line
50
LF
$ 10.00
$ 500.00
$ 10.00
$ 500.00
$ 15.00
$ 750.00
$ 15.00
$ 750.00
18
8 -22
Thermoplastic Crosswalk Line
140
SF
$ 8.00
$ 1,120.00
$ 10.00
$ 1,400.00
$ 13.00
$ 1,820.00
$ 8.00
$ 1,120.00
ROADSIDE DEVELOPMENT
19
8 -02
Topsoil Type A
5
CY
$ 40.00
$ 200.00
$ 150.00
$ 750.00
$ 75.00
$ 375.00
$ 200.00
$ 1,000.00
20
8 -02
Bark Mulch
5
CY
$ 40.00
$ 200.00
$ 150.00
$ 750.00
$ 75.00
$ 375.00
$ 200.00
$ 1,000.00
ESTIMATED CONSTRUCTION COST $ 71,970.00
1 $ 88,300.00
$ 99,280.00
$ 129,260.00
10% CONTINGENCY $ 7,197.00
TOTAL CONSTRUCTION COSTS $ 79,167.00
1 oft
City of Tukwila
Allan Ekberg, Mayor
TO: Transportation Committee
FROM: Bob Giberson, PW DirectorIg
BY: Scott Bates, Traffic Engineering Coordinator
CC: Mayor Ekberg
DATE: November 4, 2016
SUBJECTS: Stop Sign and Crosswalk Guidelines
ISSUES
How dostop signs, crOGGvva|heondnoaedhunnpaget approved bv the City for installation?
BACKGROUND
Over time, many citizens have requested stop signs, crosswalks, speed humps and speed limit
changes in order to control speeding in neighborhoods. The City of Tukwila is required to follow
the 2O09 Edition Of the Manual [)D Uniform Traffic Control Devices (MUTCU).8S adopted bvthe
State iDVVAC4d8-95'01O.
According k}VVAC408-S5-017. "The decision LO use 8 particular device 8t8 particular location
should be made on the basis of either an engineering study or the application of engineering
jUdgrnRDt" Thus, while the MU'[[}D provides Standards, Guidance, and Options for the design
and application of traffic control devices, this manual should not be considered a substitute for
engineering judgment. Engineering judgment should b8 exercised iD the selection and
application of traffic control devices, as well as in the location and design of the roads and
streets that the devices complement.
DISCUSSION
Attached are four Institute of Traffic Engineers UTB bulletins, based on the MUTCD guidance,
describing stop signs, GDH8dhUDlpS8OdSDeed|i[DUS.|DGUDl[O8rV:
Stop signs Gh0U|dOOk/beiDSt8|kedif81|g8StOOeOfth8SOC[itgh8d8SC[be8DiD[e[G8CtiOD:
• A minor road intersects 8 major [O8dVVh8n3aoo|ic8bOO of normal i rule is
hazardous
• A street enters through 8 highway V[street
• The intersection iSUDsigD8|izHdiD8 signalized area
• CODlbiD@hOD of high speed, restricted view, and serious accident history indicates 8
need
Four-way stop signs may b8 warranted bv any one Of the following:
VVhHPe 8traffic SigD8| is warranted, multi-way stop CODtR]| is an iOt8hOl measure that
can b8 quickly implemented until the signal iS designed and installed
Five or more reported accidents within a twelve-month period, based on conditions
Sufficient vehicle VO|UOleS in all directions, based OD Ced8iD CODditiVDS
41
wApw eng\projects\a-,°&mprojects\trafficmlming\mfo memo stop signs-xwaks-etc bg glz/m/6.docx
INFORMATIONAL MEMO
Page 2
Speed humps are raised areas in the roadway and shouldn't be confused with low speed
parking lot speed bumps that are not allowed in the right -of -way due to higher speeds and
liability. Speed humps can have benefits to safety, if placed in the appropriate places and
manner. Improper speed humps can have detrimental effects like diverting traffic to other
neighborhoods, increased noise levels, increased vehicle emissions, increased response
time for emergency vehicles, conflicts with school or transit bus operations, hazards for
bicyclists and motorcyclists. The City has presented a Traffic Calming Program to
Transportation Committee many times in the past and a link is listed below. We plan to have
a shorter version of the Traffic Calming Program on the City's website in 2017.
Speed limits are set by Ordinance after conducting a speed study, as authorized by RCW
46.61.415. See attached speed limit fact sheet. One of the last speed studies and limit
change was presented to Council on August 13, 2012 for Tukwila Int'I Blvd.
Crosswalks are analyzed based on national research and best practices including the
National Cooperative Highway Research Program's NCHRP Report 562: Improving
Pedestrian Safety at Unsignalized Intersections. NCHRP Report 562 recommends 14
pedestrians per hour for a peak -hour evaluation for the installation of a marked crosswalk for
speeds that exceed 35 miles per hour and 20 pedestrians per hour for roadways with speeds
of 35 miles per hour or less.
As the Public Works web page is refined, these documents and related items can be added as a
tool for answering common citizen questions and concerns regarding traffic control devices.
RECOMMENDATION
For information and discussion only.
Attachments: Stop Sign (ITE)
All Way Stop (ITE)
Speed Humps (ITE)
Speed Limits (ITE)
Reference Documents: 2009 Manual on Uniform Traffic Control Devices (FHWA)
http://www.wsdot.wa.gov/operations/traffic/mutcd.htm
WAC 468 -95
http://apps.leg.wa.gov/wac /
NHCRP Study 562 - full version
http://www.trb.org/Publications/Blurbs/1 57723. aspx
TIB Speed Study (August 6, 2012 Transportation Committee):
http: / /tinyurl.com /hm5epzm
TO Crosswalk Study (March 21, 2016 Transportation Committee)
htti)://tinyuri.com/igkdpos
Tukwila Traffic Calming Program (March 2008 Transportation Committee)
http://records.tukwilawa.gov/WebLink8/DocView.aspx?id=1 95046
92
w:\pw eng \projects \a - rw & rs projects4raffic calming \info memo stop signs_xwalks_etc bg gl 110416.docx
The Institute of Transportation Engineers
or itd \
'Traffic
Onformation
Pro g ra m
Seri es
How do you decide where to install STOP
signs?
STOP signs are traffic control devices that
drivers encounter every day. They impose
an inconvenience on the driver that cannot
be ignored. Many drivers feel that more or
fewer STOP signs are needed depending
on the location and the time of day. Since
they impose a significant amount of
control over traffic, traffic engineers are
very selective about STOP sign
installation.
In order to ensure that the advantages of
installing a STOP sign outweigh the
disadvantages, and to provide some
consistency in the application of STOP
signs, four warrants have been developed
that define the minimum conditions under
which further consideration of a STOP
sign is appropriate. Using these warrants,
traffic engineers look at an intersection
based on various criteria:
■ Does a minor road intersect a major
road where application of normal
Traffic Engineering Council
presents TIPS on
TE L c h
Cering
cl,
Stop Signs
right -of -way rule is particularly
hazardous?
• Does a street enter a through
highway or street?
• Is the intersection an unsignalized
one in a signalized area?
■ Does the combination of high speed,
restricted view, and serious accident
history indicate a need for a STOP
sign?
If one or more of these criteria describe the
intersection, the traffic engineer then
determines if a STOP sign is the best
solution for the problem. It is important to
note that a STOP sign should not be
installed unless it meets one or more of the
M
warrants. However, if an intersection
meets a warrant, a STOP sign does not
have to be installed. The engineer should
consider lesser control of the intersection,
such as a YIELD sign, before installing a
STOP sign.
Some intersections may require a multi -
way STOP sign installation as a safety
measure. There are three warrants to help
determine if multi -way STOP signs are
needed at an intersection. The engineer
performs the same analysis as that for two-
way STOP signs.
Many citizens believe that installing a
STOP sign at an intersection will control
speed along the roadway. However,
unwarranted STOP signs can actually
create other problems both at the
intersection and along the roadway. When
unwarranted STOP signs are used, drivers
must stop more frequently. Thus, they
tend to drive faster between intersections
in order to save time. Unwarranted STOP
signs also encourage disobedience and the
use of alternate, inadequate routes.
Properly located STOP signs can have
various benefits. Aside from providing
orderly traffic movement, they can reduce
some types of accidents and allow minor
street traffic to enter or cross a major
roadway. Thus, before installing a
warranted STOP sign, an engineer should
determine that the STOP sign will improve
the overall safety and /or operation of the
intersection.
tiL!
The Institute of Transportation Engineers
or ite \
Traffic
Onformation
Pro g ra m
Series
Why can't we have an all -way stop to
reduce accidents?
Many people believe that installing STOP
signs on all approaches to an intersection
will result in fewer accidents. Effects of
unwarranted stop signs on driver behavior
and safety are difficult to substantiate.
Also, there is no real evidence to indicate
that STOP signs decrease the overall speed
of traffic. Impatient drivers view the
additional delay caused by unwarranted
STOP signs as "lost time" to be made up
by driving at higher speeds between STOP
signs. Unwarranted STOP signs breed
disrespect by motorists who tend to ignore
them or only slow down without stopping.
This can sometimes lead to tragic
consequences.
Generally, every State requires the
installation of all traffic control devices,
including STOP signs, to meet state
standards of the Department of
Transportation. The state standards are
based on the Manual on Uniform Traffic
Control Devices ( MUTCD). The MUTCD
Traffic Engineering Council
presents TIPS on
T9'
En ch ring
CoL ,I,
Four -Way Stop Signs
is published by the U.S. Department of
Transportation, is the national standard for
traffic control devices. The MUTCD
prescribes standards for the design,
location, use and operation of traffic
control devices.
The installation of multi -way stop control
must first meet the warrants as set forth in
the MUTCD. Any of the following
conditions may warrant an all -way STOP
sign installation:
1. Where a traffic signal is warranted,
multi -way stop control is an interim
measure that can be implemented
491
quickly to control traffic until the
signal is designed and installed.
2. The occurrence within a twelve -month
period of five or more reported
accidents of a type susceptible to
correction by multi -way stop control.
Such accident types include turn
collisions, as well as right -angle
collisions.
3. Total vehicular volume entering the
intersection from all approaches must
average 500 vehicles per hour for any
eight hours of an average day and the
combined vehicular and pedestrian
volume from the minor street or
highway must average at least 200
units per hour for the same eight hours,
with an average delay to minor street
vehicular traffic of at least 30 seconds
per vehicle during the maximum hour.
However, when the 85th percentile
speed of traffic approaching on the
major street exceeds 40 miles per hour,
the above minimum volumes are
reduced to 70 percent.
STOP signs should not be viewed as a
cure -all for solving safety problems but,
when properly located, can be useful
traffic control devices to enhance safety
for all roadway users.
XII
/ The Institute of Transportation Engineers
Traffic Engineering Council
mtd presents TIPS on
4raffic
Tro c
Onformation En��eljtn9
Program
s. Series
Speed Humps
Can speed humps be installed on my
street?
A speed "hump" is a raised area in the
roadway pavement surface extending
transversely across the travel way. Not to
be confused with a speed hump, a speed
"bump" is a raised area in a private
driveway or parking lot.
Speed hump dimensions and
characteristics vary from agency to agency.
They are typically 12 foot long by 3 to 4
inches high and are usually placed across
the roadway between intersections. They
are typically requested by residents as a
means to slow traffic in residential
neighborhoods or decrease the amount of
"cut- though" traffic. In general, speed
humps may:
1. Reduce traffic speeds in the
immediate vicinity of the speed
humps,
2. Decrease traffic volume, and
3. Reduce accidents in some areas.
At the same time, however, speed humps
may also have the following detrimental
effects:
1. Divert traffic to other neighborhood
streets thereby moving the problem
rather than solving it,
2. Increase noise level due to vehicle
brakes, tires and engine,
3. Increase vehicle emissions due to
deceleration and acceleration,
4. Increase response time of emergency
vehicles,
5. Conflict with school and transit bus
operation,
6. Present a potential hazard to
bicyclists and motorcyclists.
4FA
Most agencies have a Speed Control Plan
which either advocates the use of speed
humps as a system wide tool to reduce
speeds and /or vehicular volumes or
eliminates their use unconditionally.
When determining whether to install speed
humps, the following restrictions may
apply:
1. Streets serving transit buses.
2. Streets with daily traffic volumes
above some predetermined
threshold.
3. Streets designated as collector
streets.
4. Rural roads.
The Institute of Transportation Engineers
has developed a report covering the design
and application of speed humps. The
report (Guidelines for the Design and
Application of Speed Humps) was prepared
by the ITE Technical Council Speed
Humps Task Force in 1995. It can be
obtained by contacting ITE headquarters at
202/554 -8050.
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The Institute of Transportation Engineers
Traffic Engineering Council
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Speed Limits
How are speed limits established?
In general, the governing body which has
jurisdictional control over a roadway has
the power to establish the speed limit for
that roadway. This is done by adopting a
resolution or by passing an ordinance to
establish the speed limit. The State's
Department of Transportation gives the
final authority to establish and enforce the
speed limit.
SPEED
ZONE
AHEAD
The matter of establishing the posted speed
limit for a given roadway is a serious
concern for the traffic engineer. It is based
in part upon the characteristics of the
roadway and its associated design speed.
The design speed defines the values used
for the design of a particular road and
includes elements such as curve radii,
stopping sight distance, and lengths of
merges and tapers.
Speed limits are also established in part by
the drivers themselves. In order for a
speed limit to be effective, it must be
reasonable to the driver. Most drivers tend
to regulate the speed of their vehicle
relative to traffic, road and weather
conditions.
For a speed limit to be effective, the
majority of the drivers must voluntarily
comply with the law. It has been
determined that the speed at which 85
percent of the motorists travel is
reasonable and safe. The determination of
the 85 percentile speed is made by
conducting a speed survey of vehicles
traveling along the roadway in question
during normal operating conditions.
Therefore, basing the speed limit upon this
85th percentile speed will insure a higher
MI
level of compliance and create a
reasonable uniform flow of traffic.
Other factors which are also used in
making a determination of the posted
speed limit include road surface
characteristics, shoulder condition, grade
(i.e., steepness of the road), roadside
development, parking practices, pedestrian
activity, and accident experience.
Once the engineering study has been
completed and forwarded to the proper
governing bodies for passage and
approval, the required signs are then
posted. Their placement and installation
conforms to the Manual on Uniform
Traffic Control Devices (MUTCD), which
serves as the standard for the design,
placement and installation of all traffic
control devices.
Speed limits cannot be posted in excess of
legislatively mandated speed limits. From
1974 to 1995, the U.S. Congress also
imposed the 55 mph National Maximum
Speed Limit (NMSL). In 1995, Congress
repealed the NMSL and returned control of
maximum speed limits to the states.
Will
,t Tukwila wlla Atlan Ekberg, Mayor
Public Works Department - Bob Giberson, Director
TO: Transportation Committee
FROM: Bob Giberson PE, Public Works Director 44,
BY: Scott Bates, Traffic Engineering Coordinator
CC: Mayor Ekberg
DATE: November 4, 2016
SUBJECT: Multi -Way Stop Signs and Marked Crosswalk Review
ISSUE
Council has requested the review of the intersections of S 135th St/34th Ave S, S 137th St/34th Ave S and S 149thSt/62nd
Ave S for the application of possible multi -way stop sign and /or marked crosswalks.
BACKGROUND
Per the Manual on Uniformed Traffic Control Devices (MUTCD), the installation of multi -way stop signs and marked
crosswalks should be based on an engineering study and "should not be used for speed control' (Section 28.04.05).
Unwarranted use of multi -way stop signs can lead to impatient drivers speeding between signs and ignoring the devices
out of frustration, which could potentially lead to collisions.
The MUTCD provides guidance (2B.07.04) for use of multi -way stops if:
A. used as an interim measure to a justified traffic signal, until signal is completely installed
B. five or more correctible accidents are experienced within a 12 -month period
C. vehicle volumes of the major approach average 300+ per hour for 8 hours and minor approaches of combined
vehicles, bikes, and pedestrians of 200+ for the same period
DISCUSSION
A study was conducted that collected traffic volumes and five -year accident records for the subject intersections. Based
on the above warrants, the justification of a multi -way stop sign is not supported due to the low traffic volumes and
historical lack of accidents. Recent observations do not confirm an existing unsafe condition at any of these
intersections, although there may be some sight limitations due to vegetation at S 137th St and 34th Ave S.
These three intersections are identified as school walking routes in which the manual does allow for the use of a marked
crossing "where there are substantial conflicts between pedestrians and motorists" (7C.02.01). School walking route
crossings are currently marked at the intersections of S 135th St/34th Ave S and S 149th St/62nd Ave S, but not at the east -
west legs of S 137th St/34th Ave S.
RECOMMENDATION
Consideration should be given to installing a "marked crosswalk" with supporting "School crossing" signage for the east -
west movement of S 137th St/34th Ave S in addition to removal of low vegetation for sight distance. There are no
recommendations for additional stop signs or markings at S 135th St/341h Ave S or S 149th St/62nd Ave S, since both
school crossing routes are currently marked.
Attachments: Tukwila walk to school routes (Cascade View Elementary and Tukwila Elementary
MUTCD support sections
W:UaW Eng \PROJECTS \A - RW & RS Projects\Traffic Calming\34th between 137th -135th \Info Memo CV Tukwila E.lem Stop & Crosswalks gl 110416 sb.docx 101
Cascade View Helmentary , Walk to School Route Options
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RECOMMENDED ROUTES ARE MARKED WITH ARROWS:
This maps shows the preferred routes for walking to school safely. Please show your child the safest routes and teach them good safety habits, such as:
1. to stop at every corner and look all ways for oncoming vehicles before crossing;
2. to walk quickly, but don't run when crossing streets;
3. to use crosswalks, stop signs, traffic signals, school patrols, and adult crossing guards;
4. where no walkways are provided, walk on the left side of the roadway as far off the travelled part of the roadway as possible, facing approaching traffic;
5. wear bright clothing.. 103
Page 50 2009 Edition
When two vehicles approach an intersection from different streets or highways at approximately the same time, the
right -of -way rule requires the driver of the vehicle on the left to yield the right -of -way to the vehicle on the right.
The right -of -way can be modified at through streets or highways by placing YIELD (RI -2) signs (see Sections 213.08
and 213.09) or STOP (RI -1) signs (see Sections 213.05 through 213.07) on one or more approaches.
Guidance:
02 Eitgiiieering judgment should be used to establish intersection control. The following factors should be
considered:
A. Vehicular, bicycle, and pedestrian traffic volumes on all approaches;
B. Number and angle of approaches;
C. Approach speeds;
D. Sight distance available on each approach; and
E. Reported crash experience.
03 YIELD or STOP signs should be used at an intersection if one or more of the following conditions exist:
A. An intersection of a less important road with a main road where application of the normal right -of -way
rule would not be expected to provide reasonable compliance with the law;
B. A street entering a designated through highway or street; andlor
C. An unsignalized intersection in a signalized area.
04 In addition, the use of YIELD or STOP sighs should be considered at the intersection of two minor streets
or local roads where the intersection has more than three approaches and where one or more of the following
conditions exist.
A. The combined vehicular, bicycle, and pedestrian volume entering the intersection front all approaches
averages snore than 2,000 units per day;
B. The ability to see conflicting traffic on an approach is not sufficient to allow a road user to stop or yield
its compliance with the normal right -of -way rule if such stopping or yielding is necessary; andlor
C. Crash records indicate that five or more crashes that involve the failure to yield the right -of -way at the
intersection udder the normal right -of -way rifle have been reported within a 3 -year period, or that three
or more such crashes have been reported within a 2 -year period.
05 YIELD or STOP sighs should not be used for speed control.
Support:
06 Section 213.07 contains provisions regarding the application of multi -way STOP control at an intersection.
Guidance:
07 Once the decision has been made to control an intersection, the decision regarding the appropriate roadway
to control should be based on engineering judgment. In most cases, the roadway carrying the lowest volnnte of
traffic should be controlled.
0e A YIELD or STOP sigh should not be installed on the higher volnnte roadway unless justified by an
engineering study.
Support:
09 The following are considerations that might influence the decision regarding the appropriate roadway
upon which to install a YIELD or STOP sign where two roadways with relatively equal volumes and /or
characteristics intersect:
A. Controlling the direction that conflicts the most with established pedestrian crossing activity or school
walking routes;
B. Controlling the direction that has obscured vision, dips, or bumps that already require drivers to use lower
operating speeds; and
C. Controlling the direction that has the best sight distance from a controlled position to observe
conflicting traffic.
Standard:
10 Because the potential for conflicting commands could create driver confusion, YIELD or STOP signs
shall not be used in conjunction with any traffic control signal operation, except in the following cases:
A. If the signal indication for an approach is a flashing red at all times;
B. If a minor street or driveway is located within or adjacent to the area controlled by the traffic
control signal, but does not require separate traffic signal control because an extremely low
potential for conflict exists; or
C. If a channelized turn lane is separated from the adjacent travel lanes by an island and the
channelized turn lane is not controlled by a traffic control signal.
Sect. 28.04
December 2009
i[K!
Page 744
CHAPTER 7C. MARKINGS
Section 7C.01 Functions and Limitations
2009 Edition
Support:
01 Markings have definite and important functions in a proper scheme of school area traffic control. In some
cases, they are used to supplement the regulations or warnings provided by other devices, such as traffic signs or
signals. In other instances, they are used alone and produce results that cannot be obtained by the use of any other
device. In such cases they serve as an effective means of conveying certain regulations, guidance, and warnings
that could not otherwise be made clearly understandable.
02 Pavement markings have some potential limitations. They might be obscured by snow, might not be clearly
visible when wet, and might not be durable when subjected to heavy traffic. In spite of these potential limitations,
they have the advantage, under favorable conditions, of conveying warnings or information to the road user without
diverting attention from the road.
Section 7C.02 Crosswalk Markings
Guidance:
01 Crosswalks should be marked at all intersections on established routes to a school where there is substantial
conflict between motorists, bicyclists, and student movements; where students are encouraged to cross between
intersections; where students would not otherwise recognize the proper place to cross; or where motorists or
bicyclists might not expect students to cross (see Figure 7A -1).
02 Crosswalk lines should not be used indiscriminately. An engineering study considering the factors described
in Section 3B. 18 should be performed before a marked crosswalk is installed at a location away from a traffic
control signal or an approach controlled by a STOP or YIELD sign.
03 Because non - intersection school crossings are generally unexpected by the road user, warning signs
(see Sections 7B. 11 and 7B.12) should be installed for all marked school crosswalks at non - intersection locations.
Adequate visibility of students by approaching motorists and of approaching motorists by students should be
provided by parking prohibitions or other appropriate measures.
Support:
04 Section 313.18 contains provisions regarding the placement and design of crosswalks, and Section 313.16
contains provisions regarding the placement and design of the stop lines and yield lines that are associated with
them. Provisions regarding the curb markings that can be used to establish parking regulations on the approaches
to crosswalks are contained in Section 313.23.
Section 7C.03 Pavement Word, Symbol, and Arrow Markings
Option:
01 If used, the SCHOOL word marking may extend to the width of two approach lanes (see Figure 7C -1).
Guidance:
02 If the two -lane SCHOOL word marking is used, the letters should be 10 feet or more in height.
Support:
03 Section 313.20 contains
provisions regarding other word,
symbol, and arrow pavement
markings that can be used to guide,
warn, or regulate traffic.
Sect. 7C.01 to 7C.03 December 2009 105
Page 52
Section 2B.06 STOP Sign Applications
Guidance:
2009 Edition
01 At intersections where a fall stop is not necessary at all times, consideration should first be given to using less
restrictive measures such as YIELD signs (see Sections 2B.08 and 2B.09).
02 The itse of STOP signs on the minor- street approaches should be considered if engineering judgment
indicates that a stop is always required because of one or more of the following conditions:
A. The vehicular traffic volunes on the through street or highway exceed 6,000 vehicles per day;
B. A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic
on the through street or highway; and /or
C. Crash records indicate that three or more crashes that are susceptible to correction by the installation of
a STOP sigh have been reported within a 12 -month period, or that five or more such crashes have been
reported within a 2 -year period. Such crashes include right -angle collisions involving road users on the
minor- street approach failing to yield the right -of -way to traffic on the through street or highway.
Support:
03 The use of STOP signs at grade crossings is described in Sections 813.04 and 813.05.
Section 2B.07 Multi -Way Stop Applications
Support:
01 Multi -way stop control can be useful as a safety measure at intersections if certain traffic conditions exist.
Safety concerns associated with multi -way stops include pedestrians, bicyclists, and all road users expecting
other road users to stop. Multi -way stop control is used where the volume of traffic on the intersecting roads is
approximately equal.
02 The restrictions on the use of STOP signs described in Section 213.04 also apply to multi -way stop applications.
Guidance:
03 The decision to install multi -way stop control should be based on an engineering study.
04 The following criteria should be considered in the engineering study for a multi -way STOP sigh installation:
A. Where traffic control signals are justified, the multi -way stop is an interim measure that can be
installed quickly to control traffic while arrangements are being made for the installation of the traffic
control signal.
B. Five or more reported crashes in a 12 -month period that are susceptible to correction by a multi -way stop
installation. Such crashes include right -turd and left -turd collisions as well as right -angle collisions.
C. Minimum volumes:
1. The vehicular volume entering the intersection from the major street approaches (total of both
approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and
2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor
street approaches (total of both approaches) averages at least 200 units per hour for the same 8
hours, with an average delay to minor- street vehicular traffic of at least 30 seconds per vehicle
during the highest hour; but
3. If the 85th- percentile approach speed of the major- street traffic exceeds 40 mph, the minimum
vehicular volume warrants are 70 percent of the values provided in Items 1 and 2.
D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of
the minimum values. Criterion C.3 is excluded from this condition.
Option:
05 Other criteria that may be considered in an engineering study include:
A. The need to control left -turn conflicts;
B. The need to control vehicle /pedestrian conflicts near locations that generate high pedestrian volumes;
C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the
intersection unless conflicting cross traffic is also required to stop; and
D. An intersection of two residential neighborhood collector (through) streets of similar design and operating
characteristics where multi -way stop control would improve traffic operational characteristics of
the intersection.
Sect. 2B.06 to 2B.07 December 2009 106