HomeMy WebLinkAbout11-049 - BNSF (Burlington Northern Santa Fe) - Strander Boulevard Extension Phase II Underpass Agreement UNDERPASS AGREEMENT 11 -049
Council Approval 3/7/11
Strander Boulevard Underpass
U.S. D.O.T. No. 929044V
BNSF LS 51 MP 11.06X
This Agreement "Agreement is executed to be effective as of this 10 day of
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20 to "Effective Date by and between BNSF RAILWAY COMPANY, a Delaware corporation
"BNSF and the CITY OF TUKWILA, a municipal corporation of the State of Washington "Agency
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through the City of Tukwila, State of
Washington;
WHEREAS, Agency desires to construct a new crossing at separated grades to be known as the
Strander Boulevard Underpass and designated as D.O.T. No. 929044V; and
WHEREAS, per separate agreements, the existing Longacres Way roadway undercrossing designated as
D.O.T. No. 085611A will be permanently closed and removed upon completion of construction and the
placing in service of the Strander Boulevard Underpass under BNSF and Union Pacific tracks.
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 I SCOPE OF WORK
1. The term "Project" as used herein includes any and all work related to the construction of the
proposed Strander Boulevard Underpass (hereinafter referred to as the "Structure more particularly
described on the Exhibit A 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.
ARTICLE II BNSF OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF
agrees as follows:
1. In consideration of the faithful performance of the Agency's covenants contained herein, 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, 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;
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(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.
Prior to commencing any work on BNSF's property or right -of -way, Agency must pay BNSF the
sum of one hundred sixty -two thousand, two hundred seventy -three No /100 Dollars ($162,273) as
compensation for the Temporary Construction License. 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)
three (3) years and two (2) 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 Temoorary Construction License is for construction of the Structure only and shall not be
used by Aaencv for anv other purpose. Agency acknowledges and agrees that Agency shall not have the
right, under the Temporary Construction License, to use the Structure. 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 receiving the payment from Agency described in the subsequent sentence and provided
Agency is in compliance with the terms 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. Agency must pay BNSF the sum of one hundred seventy -three
thousand, four hundred and No /100 Dollars ($173,400) as compensation for the Easement within thirty
(30) days of issuing a Notice to Proceed pursuant to Article III, Section 17 of 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 flagging services 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;
(f) Construction and removal of shoofly tracks for two main tracks including the lining over and
lining back of portions of the existing main tracks;
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(g) Modifications and relocations to BNSF signal or telecommunications facilities as necessary
for construction of the shoofly tracks and Structure; and
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 allow BNSF immediate access for work of an emergency nature which BNSF
deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection
of persons or BNSF property. If it is determined that the need for such emergency work caused by the
negligence of Agency or Agency's contractor in connection with the Project Agency shall reimburse BNSF
up to $5,000.00 for such work. If the cost of the work exceeds $5,000.00 it shall be the responsibility of
BNSF to seek such payment through the Agency's claims process. Such work may be performed by
BNSF without prior approval of Agency.
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. Electronic (PDF) copies 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 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.
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3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required
and 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 including
property for the new access road from Strander to BNSF ROW.
5. Agency must make any and all arrangements 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) Construction of all items associated with the Project not identified in Article II above or
required to be performed by BNSF as stated elsewhere in this Agreement;
(c) All necessary excavation, grading and paving, including backfill of excavations and
restoration of disturbed vegetation on BNSF's right -of -way. Prior to any earth being
excavated by Agency on BNSF property, Agency shall conform to all State and Federal
environmental policies and requirements for removal of earth;
(d) Earthwork grading including placement of twelve (12) inches of sub ballast for the
shooflys and for the permanent replacement of the main tracks. Agency shall leave the
earthwork in place on the west side of the tracks and on the east side of the tracks
dependent on land acquisition done outside of this agreement prior to the completion of
the Agency's project, for future 3 and 4th main tracks.
(e) Provide suitable drainage, both temporary and permanent;
(f) Improvements and land acquisition(s) necessary in order to provide BNSF with a
permanent gravel access road from Strander Boulevard to BNSF right -of -way for
maintenance purposes;
(g) 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 929044V 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 execute 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 "contractororientation.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. In order to prevent damage to BNSF trains and property, 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
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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 electronic (PDF) copies of any plans (including
calculations in English Units) for proposed shoring or cribbing to be used over, under, or adjacent to
BNSF's tracks to BNSF's Project Representative for approval. The shoring or cribbing used by Agency's
contractor shall comply with BNSF Bridge Requirements set forth on Exhibit F attached to this Agreement
and incorporated herein. Additionally, the shoring and cribbing must comply with all applicable
requirements promulgated by state and federal agencies, departments, commissions and other legislative
bodies.
12. Agency must include the following provisions in any contract with its contractor(s) performing
work on said Project:
(a) The Contractor 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 contractor will be responsible for contacting
BNSF's Engineering Representative (Ben Steinkamp 206 625 6189), BNSF's Signal
Representative (Eric Shaffstall 206 272 -3771) and the telecommunications
companies and notifying them of any work that may damage these Lines or facilities
and /or interfere with their service. The contractor must also mark all Lines shown on
the plans or marked in the field in order to verify their locations. The contractor 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 Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interfere with the construction. The Contractor 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's Engineering
Representative 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 contractor
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 Contractor, 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
Contractor, 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 CONTRACTOR WILL APPLY ONLY TO THE EXTENT OF THE
NEGLIGENCE OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, AND 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.
(e) For any Work performed in the State of Washington, the Contractor agrees to
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indemnify Railroad against all loss, liability and damages, including environmental
damage, hazardous materials damage, or penalties or fines that may be assessed,
caused by or resulting from the concurrent negligence of (a) the Railroad or the
Railroad's agents or employees, and (b) the Contractor or the Contractor's agents or
employees, to the extent of the Contractor's negligence.
(f) It is mutually negotiated between the parties that the indemnification obligation
shall include all claims brought by Contractor's employees against BNSF, 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.
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; (ii) the provisions set forth in Article IV; and
(iii) the provisions set forth in Exhibit C and Exhibit C -1, attached hereto and by reference made a part
hereof.
14. Except as otherwise provided below in this Section, 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 will
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 a letter agreement in the form of Exhibit C -1, and (ii) delivered to and secured
BNSF's approval of the required insurance;
(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.
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 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 THE LAWS OF THE STATE OF WASHINGTON,
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,
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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) (I) THE USE, OCCUPANCY OR PRESENCE OF
AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR
ABOUT THE CONSTRUCTION SITE, (II) 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 11 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 APPLY ONLY TO THE EXTENT OF THE NEGLIGENCE OF AGENCY,
ITS AGENTS OR EMPLOYEES, AND THIS 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 with the railroad
work after receipt of necessary funds for the 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 approval prior
to the commencement of any such changes or modifications.
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 Projects 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 (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
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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 which 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 II, 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 Engineer or until 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:
Bob Giberson
City of Tukwila
6300 Southcenter Blvd Suite 100
Tukwila, WA 98188 -2544
5. Agency must supervise and inspect the operations of all Agency contractors to assure
compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all
safety requirements of the BNSF railroad. If BNSF determines that proper supervision and inspection is
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 the City of Tukwila
for appropriate corrective action.
6. Section intentionally deleted.
7. Pursuant to this section and Article II, Section 6 herein, Agency must, out of funds made available
to it for the construction of the Project, reimburse BNSF in full for the actual costs of all work performed by
BNSF under this Agreement.
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 Federal Aid Highway Program Manual, 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 no 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. 929044V
and must state the time that construction activities will begin.
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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) BNSF will, at its sole cost and expense, accept, own, and maintain its roadbed, track, any
BNSF access gates installed pursuant to the Project, railroad drainage, and all other
railroad facilities.
(b) 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) in an amount not to exceed $5,000.00, unless
submitted through the Agency's claims process.
(c) Agency must, at Agency's sole cost and expense, keep the Structure painted and free
from graffiti.
(d) Agency must apply and maintain vertical clearance signs which consistently and
accurately describe the minimum actual vertical clearance from the bottom of the
Structure to the top of any pavement.
(e) Agency agrees to reimburse BNSF for the cost of track surfacing due to settlement
caused by the construction of the Structure for a period not to exceed two (2) years from
the date of final inspection pursuant to Article III, Section 15.
(f) 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.
(g) 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.
(h) Agency must keep the Structure and surrounding areas clean and free from birds,
pigeons, scavengers, vermin, creatures and other animals.
(i) 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 to the superstructure of the Structure, then Agency or its contractors and /or
agents must procure and maintain the following insurance coverage:
Railroad Protective Liability insurance naming only the Railroad as the Insured
with coverage of at least $2,000,000 per occurrence and $6,000,000 in the
aggregate. The policy must be issued on a standard ISO form CG 00 35 10 93
and include the following:
Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31
10 93)
o Endorsed to include the Limited Seepage and Pollution Endorsement.
Endorsed to remove any exclusion for punitive damages.
o No other endorsements restricting coverage may be added.
The original policy must be provided to the Railroad prior to performing any
work or services under this Agreement
9
As used in this paragraph, "Railroad" means "Burlington Northern Santa Fe
Corporation "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
Strander Boulevard to BNSF right -of -way for maintenance purposes.
13. Agency must provide one set of 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, 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. BNSF may, at its expense, make future changes or additions to the railroad components of the
Structure if necessary or desirable, in BNSF's sole discretion, including, without limitation the following: (i)
the right to raise or lower the grade or change the alignment of its tracks, (ii) the right to lay additional
track or tracks, or (iii) the right to build other facilities in connection with the operation of its railroad. Such
changes or additions must not change or alter the highway components of the Structure. If it becomes
necessary or desirable in the future to change, alter, widen or reconstruct the highway components of 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 any such changes to the Structure, will be
divided between BNSF and Agency in such shares as may be mutually agreed to by the parties hereto.
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 not encroach further upon or occupy
the surface of BNSF's right -of -way to a greater extent than is contemplated by the plans and
specifications to be approved by BNSF pursuant to Article III, Section 1 herein, without obtaining BNSF's
prior written consent and the execution of a supplement to this Agreement or the completion of a separate
agreement.
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 12 months of the Effective
Date, this Agreement will become null and void.
10
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 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:
BNSF Railway Company: BNSF Manager Public Projects
2454 Occidental Avenue South Suite 2D
Seattle, WA 98134
Agency: City of Tukwila
Bob Giberson
6300 Southcenter Blvd STE 100
Tukwila, WA 98188 -2544
11
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.
BNSF RAILWAY COMPANY
By:
Printed Name: V
Title: Vice President Engineering
WIT _S
Asst. Vice'President,Engineering Services AGENCY
CITY OF TUKWI
B 4aC
Printed Na rr I m
Title: M GL�'QJ(
WITNESS:
I
A EXHIBIT A
1
V,. 4,C
SHEET 1 OF 4
BR 11.07, STRANDER BOULEVARD
'.':.:-"le
31 \20 fl 7 r -'''-'2'''''''''''.1:::::::;;,-x7;:•,,V.:'''.5."::::::::...:...------- Ns( DOT 929044V
.6
1 i.;-,3::;:tt,:,'--,:,,r:-.---k.:::::gnX:!---,..r.:::::-..•-•-•-•••••• FL e VA
BNSF NORTHWEST DIVISION
SEATTLE SUB. LS r 51 MP 10.95-1L 265
CITIES OF RENTON AND TUKWILA, WA
E2
SEC 25 TWP 23N RNG 4E, KING COUNTY, WA
..4 „,,,,gsg.;;Diii:fi* 4)
ii' _,....-.II. ..k..... 1 i ...,_.;.„-,:r.—,s,
1
.7. 1
'f" 4fi---
.4
T
1 26 •,1 0,,,,,,,,,
f
8 ..._....1..................____...._
,-„:„:„:„..„,„:„;;J:•.. ,,,f
1
1 i P arFIIHIII;i1
N. RR TRACK (EXISTING) I i C
i 1
UP
1.
1
1 r
C I I
CITY OF TUKWILA I 1
MAIN 1 SHOOFLY (PHASE IA) M
)1;
i 1( ->:7 i ,i I
1
MAIN 2 SHOOFLY (PHASE 1A)
r 1141
I 1
rr lirl BNSF MAIN 1
j
l' r
1
i SOUND TRANSIT TUKWILA
i
I 1
F.:
Lz.L..- J n 7: 4. 172 .L _5;1
Y-Z'
1
MAIN 2 SHOOFLY (PHASE 18) —..J._.__,__ -77-
rrrrirririrrarrrirrri riTir o- -Tg 3 1 F 7
1
r? ,r, _.i
11
3-TRACK RR BRIDGE BNSF MAIN 2 BR 10.8
4
rg SUBSTRUCTURE
(EXISTING)
BNSF MAIN 3 (FUTURE)
F.'
i I DOT .929044V
CITY OF RENTON i c. 0 i If
.ci.
5
i
C i
il
i. ii
1 g
90 o 90 200
r(
IZIRIZIEM
I I i
HORIZONTAL
SCALE IN FEET
I
l -HH ril
1 I
I I 1 ...-0.
r
CITY OF STRANDER BOULEVARD EXTENSION PHASE II
2/07/11
CALL 48 HOURS ei
fo, BEFORE YOU DIG BergerABAM HANSON
I St,
Ilk RENTON
1 1 1 i 1
ESEM Public Works Deportment
Approved For Construction
33301 9th Avenue South, Suite 300 I 1 1
3, 1-800-424-5555 Federal Way, Washington 98003-2600
I'l (206) 431-2300 Fax: (206) 431-2250 NO. 1 REVISION 1 DY 1 D 1 APPD °TA'A'A 0 Robert M. Monson P.E. Dote
1 1 1 1 1 1 1 1
z
ZI
ii
cK �I
c,
EXHIBIT 2 A OF 4
EC
I
32.0' 15. '3 .01 14.3'
1 14.0 1 I I 18.0' 9.3' I BR 11.07, STRANDER BOULEVARD
a 1.0 DOT 929044V
p'i' hr. I I L. BNSF NORTHWEST DIVISION
27. J SEATTLE SUB, LS: 51 MP 10.9X-11.26X
r i v CITIES OF RENTON AND TUKWILA, WA
T. SEC 25 TWP 23N RNG 4E, KING COUNTY, WA
OF TRACK 34.0' EXISTING GROUND
S 1 PHASE IA EMBANKMENT
12" SUBBALLAST
WOO TIE
v 1
136• RAIL I 1 2 BALLAST (TWA 7 R PAD PHASE IA (SHOOFLY TO WEST)
i 0.4" 7 .::!OD WO TIE I PAD 0.03 TYPICAL SECTION AT STA 11028 +78.44
BALLAST i
tt= i TI 0.58
FACING NORTH
SUBBALLAST i BALLAST 1.00 N.T.S.
12' SW 1 SUB- BALLAST 1.00
2.35 FT.6 22 SLOPE 0.047 FT. DROP SLOPE OF 5680600E -0.05
2.56 FEET I I
ELEVATION DIFFERENCE
FROM BASE OF RAIL TO
TOP OF SUBGRADE AT x
1 x
d d1 1
14.3' i 17.9' i 17.7'
3
1 5.0' 9.4'
ci Dr
40 MI
EXISTING GROUND J a
34.0' K
F, PHASE IB (SHOOFLY TO EAST)
TYPICAL SECTION AT STA 41028 +78.45
I.
FACING NORTH
N.T.S.
5
g
I .at
9 -i g Z
oo, oI 0I
3
i w.3 I 18.0
g I i_
EXISTING GROUND
6,
0
i
A
AFTER CONSTRUCTION
s TYPICAL SECTION AT STA 1028 +78.71
FACING NORTH
N.T.S,
CALL 48 HOURS e) 13er erABM HANSO A i I uL II SAS SHOWN li RE NTON STRANDER BOULEVARD EXTENSION PHASE II 1 t1
BEFORE YOU DIG CMG/ I I rt R Public worts Deportment w `•••••1 1- 800 424 -5555 33301 9th Avenue South, State 300 I 1 I 1 m Approved for Construction TYPICAL SECTIONS BNSF SHOOFLY RR -2
Federal Way, Washington 98003 -2600
(206) 431-2300 F. (206)431 -2250 N0. I REVISION I BY DATE APPR i^ ,==g, 111. M. Monson P.E. Dote
.71 1 1111111
CO Future Moin Main 1 Main 2 Q Main 3
r
LC I I
18' -0" 14' -3 18 -0" 9'
I I I
Handrail Panel
T" Tie. Typ.- 1 -8' Min. ballast depth Typ. V
below ties. Typ. Conduit and attachment
Kick Plate. I de ov�ded 11 goq ion
tails to be Dr Tract'
1 Tread by Contractor Trd Plk
Typ. Waterproofing as
Gl. Typ.
1
w I 912 F 2 Dia. x 2 H.S. B olts
4
7- ''7." Or_ steel circular washers. YD III V. i heavy hex nuts d 4 A325 hardened ca w/
I ICI I.I ICI ICI I III lr E 1 IN w
1 2- di o. x 3 Carriage Bolt
Standard Washer
3, I I. 2- Nut
d SxSx R o� a. ,I. I ,I, .II .;I��II I I I I I d,_ I I I- I 2 ,I. .I. II ,I d• 2` Anchoring Device cl iD. Typ.
II 1 II II II II II n II II II II 1 n 11 n II Y Y n II II II II II 1 11 II II
0 I u u U U D 0 U U U U 1 U 0 U U U U U U I U U I o u o U U U U U I a
Walkway bracket 8811.07 -1 Curb Support w/
or 8811.07 -2. fasten e/ I 1 10 7,8' Dio. A325
H.S. bolts a 3" cts.
6 Dio. A325 bolts. 4'- 11 I 4 Spa. a 2' -7" 10' -4" 4 Soo. a 2' -7" 10' -4" 12' 6 7 aR" I' -10 -10 10q 4 Spa. a 2' -7' 10' -4" i 4' -3Le" Typ. 1
Typ. 1
1' 3 1 9" 11' '7'
Stage 11 Construction Stage I Construction
TYPICAL SECTION
IL009ing Ry North(
To Tacoma To Seattle
(RY South) (RY North)
Face of 100' -6" Face- to-Face of Paropets -New Bridge Foce of
Parapet �POraDet
43' -5 56' -5" 2"
\--End of Beom HP11.07 -3 10.5.1 II 4" HP11.07 -6 10.5.1 End of Beom
HP11.07 -3A 11.5.1 End 04 Beam HP11.07 -6A IF.S.1
HP11.07 -1 19.S.) HP11.07 -2 (9.5.1 HP11.07 -4 IN.5.) HP11.07 -5 IN.S.( j-HP)1.07 -7 (9.5.1 HP11.07 -6 IN.5.) HP11.07 -8 IN.S.)
E HP11.07 -1A IF.5.1 HP11.07 -2A (F.S.) HP11.07 -4A (F.S.) HP11.07 -5A IF.S.) HP11.07 -7A IF.S.) HP11.07 -6A IF.5.1 HP11.07 -8A (1.5.1
0.005 Grade
1..
III h E lave 33.48
KP11.07- 31F.5.1� I�11'■I�.E I i I i u I I �KP11.0T- 61F.S.)
KP11.07 -4 (N.5.) E KP11.07 -1 18.5.1 KP11.07 -4 IF.S.) F F KP11.07 -5 (F.S.) KP11.07 -2 (B.S.) E KP11.07 -5 IN.5.)
di TYP. U.N.O. KP11.07 -3 IN.5.1 X1 .07-6 (9.S.) TYP. U.N.O.
32' -6 Cleor 47' -5 Clear
eotextile for tl 9011 eDta)rain (Typ.)
E ~I G See RA -25 ls.
m Roodwoy Rootlwoy
4" Dia. Perforated 1 i
8 Brain Pipe (Typ.)
o TO connect to drainage
s RA -25 others.
details.) See 1 1p I
I I I 1 EXHIBIT A
I I SHEET 3 OF 4
LL BR. 11.07. STRANDER BOULEVARD
E :1; DDT 9290440
12" Dia. 24" Dio. I BNSF NORTHWEST DIVISION
drainage pipe pile IT D;pe I SEATTLE SUB. LS: 51 MP 10.9. 11.261(
yD. O SEC 1 25 TNP 890 40. KING COUNTY. WA
ELEVATION
6 (Looking RY West)
7 I 1 I I CITY OF STRANDER BOULEVARD EXTENSION 11
Ber erABAM
of z�
CALL 48 HOURS HANSON i I�^S SHOWN li RENTON PHASE II
1 I I 1 GDP Public Works Deportment
BEFORE YOU DIG
33301 9th Avenue South, Suite 300 BNSF BRIDGE NO. 11.07 A Pc, conso-onoon L.S. 0051 RA-18
1- 800 424 -5555 Feee •e) Way, Washl goon 98003 2600 1
OC Ronson Professional Servkes Inc. 2(111 N0. REVISION BY DATE APPR Robert 62 Hanson P.E. Dole
(206) 931 -2300 Fa.: (206) 431 -zzso I I I i TYPICAL SECTION
o, loo
To Tacoma
To Seattle
r RY South)
O Sheet Pile or Sheet Pile or (R Y North
Q Soldier Pile wall Soldier Pile wall
BNSF q.0 _W. (by Berger -ABAM) ID Ber er -ABAM)
BNSF R.O.W.
112 -0"
CI P
N N N N N 3 Proposed Te)rporary
Q 1 Soldier Pile 0110 Lagging
/1 Shoring w/ Tiebacks
Y y y� (Stage I11
I I v 1
Proposed TelIporery O 0
Sheet Pile Shoring
a+ w/ Tiebacks
(Stage I11 0 0
fi
0 0
J LI L I U_ UL_I -1 __I I__ J L _IL _11 _LI U__ LI_ _111_ 1- 1
in
-11- 1 n y n n 7 'l II z 1 1 I T n n H H P
II-_L}� I rI .J- n 11 Ir n i- _Ili
I'1 1 T°- n rl rl +-1 U71I;I1� -1 t'1 1 1 n 1 -1. N
NY' m n n n -4 J III k■ 11 Ir n rl 4
ell
—i r
o F= tl- v---- IJ-- rJ 1 �+$R 7 J--- r i -r --1- 1- =Jai
8
0 0 ',J (�q 1 1 u u If 1 1 i 1 I t1 1 1 I L 1
rr LI a j I I r 1 i JR 3'11
F I IJ LI —y 1 1 I L
4''' _T_ 1-1 1 U IJ I- IJ -3' J IL 1 T L U I LI J 1 I L_' ff =1.
LI_ U 11 IJ TI
IT T
y -Ili 11I1rIi -°r 11 LI 11 IL w I I fff111
1nrn_n n n n I 1 1 1FT I e n n rl I 1
r 1r IT I I I rn5
4 1 Q
c Ri _i�.��_ IJ 1J -a a II 1 Ir iJ b LI i�_ _11__ JL_ _iL 'n 0 O
c 1 c
DD�� 1 U U Ill�lrl 11 LI 11 IL 1
I� A U IJ I- u Iv_ IT IT 11 1 LI 1 I L I_ I I I fl 1 7 8 I- 1 ,1 1 u 11 4- If I I I 1 9 1 LI 1I IL I 10 0 O El U U J
I T I O O
BNSF R.O.W.
I J
II? -__J r BNSF R.O.W.
s Roadway I
6 dion I Roadway Sidewalk i
Ili I I I I
EXHIBIT A 1 1 I
SHEET 4 OF 4 41' -9" 54' -9
1 Span 2 1 Span 1 NOT ES:
0 ft Abut. tt3 It Pier tt2 ft Abut. ttt 1. INSTALLATION OF STAGE II TEMPORARY SHORING MAY BE
LL BR. 11.07. STRANDER BOULEVARD
Sta. 1028 +39.97 510. 1028 +81.72 500. 1029 +36.74 SIMPLIFIED BY DRILLING AND SETTING THE STAGE II
n
DOT 929044V SOLDIER PILES PRIOR TO THE INSTALLATION OF STAGE I
BNSF NORTHWEST DIVISION 100' 6" Foce -to -Foce of Parapets-New Bridge SHORING. AS STAGE 1 GROUND ANCHORS PASS BETWEEN
SEATTLE SUB- LS: 51 MP 10.9X 11.26X
CITIES OF RENTON AN TUKWILA. WA THE STAGE II SOLDIER PILES.
SEC 25 TWP 23N RNG 4E. KING COUNTY. WA
Rai rection lwoy
PLAN Di 0---E- z 2. UTILITIES NOT SHOWN.
R O KEY POINT LOCATION ON UNFOLDED SHORING ELEVATION DRAWING
R
S I+I
k CALL 48 HOURS A) B ABA
er erM I 1 I 1 R SHOWN CITY OF STRANDER BOULEVARD EXTENSION o1 /za /11
BEFORE YOU DIG g I hIANSON 1 I RE NTON PHAS II
33301 CPP Public Works Department
A 1- 800 424 -5555 I d For Con:o-ocuoo
F wa Was6In BBOD3 -2600 OCOgriget Ranson Professional Evokes Inc 2011 ME Approved BNSF BRIDGE N0. 11.07 L.S. 0051 RA -07
Rr DATE APPR ..`:m °4°° Robert M. Hanson P.E. Dote TEMPORARY SHORING PLAN -STAGE II
R (2D6 931 -230D Fax: 206 93 -225 N0.
REVISION
1 III I III
SIN 1 /4-,SEC :.,,i7: T 74L.17t, 2,: m., N .2,:‘,,j ,R4 .M.
L
3 m ,fir— k• NI-
Y. -4%,...,77.'
fir ..,3J £"'ks^4 i'.: f r' .fY- 6 ,""T ,:e 't�:�3; x �'Y' r.;�. t i 4 X mdse. .a: is 4 "f yr :»tr fi.e r�-.. ..`Y�e� T .�i� ..�t::. x if 3�d:" a -t' b sr 'e' ry `i t'-� 9 Yo: }rn r x �.,;F'i ^,S* }'G,' _:;yy y. r T 'dEf yr�
t'''..-7, y': r z C k Zr ;'17.!', K- .,x z. .:a„ '.w+?zri,T n 4,1; a .n i a��: +'.�r:?
A r BU�G•,� r�,R r;�s�t �S
te ,I,„_;,.........--_, 6 ;,j1 1
r.. °"+;ro.m:' `t r'.7717. .f' +k n .n A T: K '�k =`f N
a u. da. =,l r' r tom x :7+i k 7 'e -r.€' '3�;',. .0, i x a>. Irv' 1. �4 a9- �+;•s rt 9 r "�,-.a :�i� rt ,:t �="€ti; �'*0)i
r a ,t :7.-- i. 1. —:„-,,..-4-..." 4 K n r f R L i.'.=- ;r. y x
3 .k. k.+ a i L "iss f �v `:'c�F� s' �A a. .;�fi�.
a ki. 'r 4 ;-fit -1., ^F u' a t _r.":.+ d a A.t �k a "t: "1'C�e_.,
>P �:rr i� 3 Y a,� -t" ;s 1
a f =m� e t "ors 4 :.t: u s m M 4:
n .r.A.. ate. EXISTING:36 [UL'VERT t .i
CT
x r r :SSE N1J &3 ;BN �,STA'. r e mss
t.
berry k sr 4 i E T O'FSHOO:LE v' t F 1025 5 t t d
r L a t i a ,...-11 1 w`. t f c« .fir: F s t I g N SF, S 1 02 1 +Q
k q. y x t "c dr; .,r+r rd tr e', t r
r t S y j i o ,,e': 1 ,s x 3W'c ,�q5., ,k' t"
z 7" 'r a
r r 1 1 4F:. •r- 1.,:i.,11.1,,, „,,,7,-7, 1 mow CV
ROJECT LIMITS
Ni t IL-ii
'f:,: d t r w ,hid ,sk Y, s ar.' A",'R:r e 'n ,r c z 6 7 --f„..44. 'R W
4" 1 tV SF STA 1016 +00 3 r J 1
t. x t„,-..-: 7'. ',fin �:t' :k `r r,f rF. -`c �+P'r E
#0
i t y r d *1 K s w r r rS'
5.
W
r, 4 V 4 r. t K p a
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w k 'i M r r r y; e.: P', ar y�Y,t�"� p a f i �+m k ktiwa�
x� d ,t t f� yy y
r kM....n #,.,4.♦ f i K'' 4. 4-.? f i 1 'R^ r V
z 9 9 .t,'. t r }q, z» c .0.-- f ,','S ,n
i T' x ;r y •:c -2'-' r *1r '4 '%411 7' d M.t c. 1 iuY }i
t
y °E C'S5 EASE T� TO 4 BE:. t: x ,'y{ 9 44 1 ,44 b a r 4 OVI DBE T R A R -V F x L r 1 r
M r edr W d: 1 ".w :r., .;e ii 'y' 1 Yy ''`g.fh#
-n b Y. ,'M ''a F A'. '.w;w '�C^. .x. ,V a H 7�°r ;L
'ten. le a f4t! v t. i
f .ya n .s.,<. t. r �''Te k Y "J` 3'�±`�� 3�r.. y !e g
.x. t 13 1 ,'4 �.,.w. �Ar^` i ,x :.vi,..,-. v
b q .A �''r s.8 :ct ?L i as Y s,
fix•;,, -F A: .M 5 ''N'�:.. e fn y.4: ;'S i' F'�dI iA:' "'A
a, ,dy i .'�j T. r t;.. S? �.w ..1.* r P" d.. 'w°' "r� ,!'^k 4 f ah 4 a� .:'.C+:
f r r Y M 4 :A� a'- 1- I+a vA, f R a
:R•r f r E X. 3+�.' p �k i l� ,m,.;_... Rr-- �f`h z. .:a A�
¢.r
r w s 1 E _y 57 �'F- w:a,�' g �St: %''"r a,q
,L I�ACHE S y i T" ^s i'�� M ,y, i9R R ^-f
i 4 !Y r q:, S e "°5 i ,2?YAt'� '1°:'*�' wH..if.. +Suavr X k '2t- 1 .�...k fi`I S'�i�:lx i :'..1r
9rt.x r. Y ,.r Yki. Y -f. r,a„ 4."�r'.:'x ,3Y,
LEGEND:
MN SHOOFLY EAST NOTES: I 1 1 i
7 EASEk1EN it NE C CESS _y_
1. TEMPORAR S HORING AND SHORING TIEBACKS TO BE ABANDONED IN THIS
EXISTING PERMANENT ACCESS EASEMENT AREA. SHOR AND TIEBACKS BEING AT WILL BE CUT TO AN
t :,4 ,4, -II I ,a i
i TEMPORARY SHORING RUMORS
NO LESS THAN 3 FEET BELOW TOP OF RAIL. �l, r'-- I I
2. EXISTING 36” CULVERT TO BE EXTENDED PRIOR TO SHOOFLY CONSTRUCTION
J
Er L_',', 3 EXISTING 36" CULVERT TO BE USED AS TEMPORARY SLEEVE FOR DEWATERING ilf T I li
SY D URING CONSTRUCTION. w
J
q0 40 80 KEY PLAN
scale
feel
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1 SHOOFLY NEST
SHOOFLY EAST
NOTES
T3- ,---1'
1 1 ird .-_-::4,
D SHORING TIEBACKS TO BE ABANDONED IN THIS
7-, 1
1. TEMPORARY SHORING AN
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i 1 LIMITS OF BRIDGE WORK
AREA. SHORIN
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I ,;1_ 1 1 1 II
r 1 TEMPORARY SHORiNG 11EBACKS
I 1 II
ELEVATION NO
.t.a.--,-.=----1-- j -i
'e. 2. 3-16" CASINGS TO BE PROVIDED FOR FUTURE UTILITY COORDINATION.
40 0 40 BO KEY PLAN
feet
sage
1
7 CITY OF SMANDLR BOULEVARD L-X 1
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Fo Construc PI IASE II
i i .6._ ,SV)) RENTON
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1 1 1 1 1 1 1
BEFORE YOU DIG '4-5." A,0., 1,, so, 300
I 00 DATE I A I
1-800-424-5555 2::altriay. Washington 98003-2603
NO. l' REVISION
(205) 431-2300 Fax, (205) 431-2250
13
E1/2, NW 1/4, SEC 25, T 23 N, R 4 E, W.M.
8.000 SF. SEE LEGAL 13,600 SF, SEE LEGAL 1
CITY OF TUKWILA DESCRIPTION 87 (P3 -4) DESCRIPTION #1 (P3 -4) SOUND TRANSIT SOUND TRANSIT
PROPERTY PROPERTY
25,360 SF, SEE LEGAL 12,609 SF, SEE LEGAL Q PROPERTY
DESCRIPTION 82 (PS -4
RUR I 22,694 SF, SEE LEGAL 1 h I
WFSTFRI Y MARr,IIJ
DESCRIPTION /3 (P3 -4) I DESCRIPTION 4 (P3-4),
P.O.B. N f f1 T N NO N WESTERI Y yARQIIT p[ gI1RlINf,TDN NORTHERN
SANTA FE RAILROAD RIGHT OF WAY
/ROB.
DESC #3 I OESC $4 I SANTA FE RAILROAD RIGHT OF WAY
902' 06' 2CE 1056.5D 1 602' 07 15 486.96
m j j j
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902' 06 20 E .x �(6 1
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I 1 P.O.B. P.O.C.
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DESC #5 CITY OF RENTON p P.O.B. j 000c
DESC 1 DESC w DESC 6
PROPERLY DESC �7 I #2 L 14,184 SF, LEGAL I EMUS Y b! ?R rIN OF BUR' INGTON NORTHERN
o, I 1 y I -a DESCRIPTION ¢6 (P3 -4) 1 I SANTA FE RAILROAD RIGHT OF WAY
m 15,850 S SEE LEGA I I
DESCRIPTION p5 (P3 -4) I S a
1 60
EASTERLY MARGIN OF BURLINGTON NORTHERN 1 I yr
I I SANTA FE RAILROAD RIGHT OF WAY I m '0
I 1 CC i t I.L1 w 1% 1 THE BOEING COMPANY r e
THE BOEING COMPANY 1 v a. THE BOEING COMPANY PROPERTY
THE BOEING COMPANY PROPERTY p I r r5 i PROPERTY
I I PROPERTY 1
THE BOEING COMPANY I i 1 I
PROPERTY m 1
i L6 1 1
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1 I I
I
O TIMELINE
a
0 0 O 1 STAGE I SHOOFLY 1 0 O I STAGE 11 SHOOFLY 1 0 0
AREA AREA AREA AREA AREA AREA AREA
ABOUT 8,000 SF
AS IS ABOUT 12,609 SF ABOUT 25,360 SF ABOUT 22,694 SF ABOUT 15,850 SF ABOUT 14,184 SF AREA NEEDED FOR 1 YEAR, EXCLUDING TIME
?tt
ABOUT AREA NEEDED FOR 2.5 YEARS, EXCLUDING AREA NEEDED FOR 6 MONTHS, EXCLUDING AREA NEEDED FOR 6 MONTHS, EXCLUDING AREA NEEDED FOR 6 MONTHS, EXCLUDING AREA NEEDED FOR 6 MONTHS, EXCLUDING PERIODS WHEN CONSTRUCTION IS NOT
13,600 SF TIME PERIODS WHEN CONSTRUCTION IS NOT NE PERIODS WHEN CONSTRUCTION IS NOT TIME PERIODS WHEN CONSTRUCTION IS TIME PERIODS WHEN CONSTRUCTION IS TIME PERIODS WHEN CONSTRUCTION IS NOT PERMITTED PER BNSF POLICY, TO CONSTRUCT
FOR STRANDER BLVD UNDERPASS PERMITTED PER BNSF POUCY, TO PERMITTED PER BNSF POLICY, TO NOT PERMITTED PER BNSF POLICY, TO NOT PERMITTED PER BNSF POLICY, TO PERMITTED PER BNSF POLICY, TO SHOOFLIES AND BNSF BRIDGE SHORING
CONSTRUCT TEMPORARY UTILITY BRIDGES. CONSTRUCT STAGE I SHOOFLY. CONSTRUCT STAGE I SHOOFLY. CONSTRUCT STAGE II SHOOFLY. CONSTRUCT STAGE II SHOOFLY. GROUND ANCHORS.
9
8
ti
1 I I, a- i
LEGEND: n
D.LC. LINE II
8 ROW LINE a
0
EXISTING PROPERTY UNE
LL if CL STRANDER BLVD R f PROPOSED EASEMENT LINE
P.O.C. POINT OF COMMENCEMENT
P POINT OF BEGINNING r I I 1
60 0 60 120
5 scale feet KEY PLAN
CALL 48 HOURS I -60' ,,...,0 O1 ^1 CITY OF STRANDER BOULEVARD EXTENSION —z /11 /2011
bier erABAM I i I 3 r 0 NTON PHASE II
BEFORE YOU DIG 1 1 i
33301 9th Avenue Sout Suite 300 I owR Public W orks Deportment
1- 800 424 -5555 I I I Approved For Construction
ii (206)431-2300 way, Washington 98003 -2600
(206) 431 -2300 Fax: (206) 431 -2250 NO. I REVISION I BY I DATE 1 APPR I "'^P4P °"tl"®' EXHIBIT "At" PREMISES
Robert M. Hanson P.E. Dole 3 4
11111111
E1/2, NW 1/4, SEC 25, T 23 N, R 4 E, W.M.
k 1 1FGAI DFSCRPITON 81 FOR RAII ROAD PERMANENT FASFMENT t... l IFCAL DESCRIPTION 82 FOR RAII ROAD CONSTRUCTION FASFMFNT KZ/xi I FGAL OFCCRIPTIONJ3 FOR RAII ROAD CONSTRUCTION M N
m THAT PORTION OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF THAT PORTION OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF THAT PORTION OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF
WAY LYING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, WAY LYING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, WAY LYING IN THE EAST HALF OF THE NORTHWEST QUARTER, SECTION 25,
r. SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
3 COMMENCING AT THE INTERSECTION OF THE SOUTH UNE OF HENRY MEADER COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF HENRY MEADER COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF HENRY HEADER
DONATION LAND CLAIM ND. 46 AND THE EASTERLY MARGIN OF THE DONATION LAND CLAIM NO. 46 AND THE EASTERLY MARGIN OF THE DONATION LAND CLAIM NO. 46 AND THE EASTERLY MARGIN OF THE BURLINGTON
BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY, THENCE SOUTH BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY. THENCE SOUTH
m NORTHERN SANTA FE RAILROAD RIGHT OF WAY, THENCE SOUTH 2'06'20' WEST
2'06'20' WEST ALONG SAID EASTERLY MARGIN A DISTANCE OF 214.02 FEET 2'06'20' WEST ALONG SAID EASTERLY MARGIN A DISTANCE OF 78.02 FEET TO ALONG SAID EASTERLY MARGIN A DISTANCE OF 928.02 FEET,
TO THE POINT OF BEGINNING; THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY MARGIN NORTH 87'53'40' WEST A DISTANCE OF
D 100.0D FEET TO A POINT IN THE WESTERLY MARGIN OF BURUNGTON NORTHERN
THENCE LEAVING SAID EASTERLY MARGIN NORTH 87'53'40' WEST A DISTANCE THENCE LEAVING SAID EASTERLY MARGIN NORTH 87'53'40' WEST A DISTANCE SANTA FE RAILROAD RIGHT OF WAY SAID POINT BEING THE POINT OF BEGINNING;
OF 100.00 FEET TO A POINT IN THE WESTERLY MARGIN OF SAID BURLINGTON OF 100.00 FEET TO A POINT IN THE WESTERLY MARGIN OF BURLINGTON
NORTHERN SANTA FE RAILROAD RIGHT OF WAY, NORTHERN SANTA FE RAILROAD RIGHT OF WAY, THENCE NORTH 2'06'20' EAST ALONG SAID WESTERLY MARGIN A DISTANCE OF
W THENCE NORTH 02'06'20' EAST ALONG SAID WESTERLY MARGIN A DISTANCE THENCE NORTH D2'06'20' EAST ALONG SAID WESTERLY MARGIN A DISTANCE 634.00 FEET,
8 OF 136.00 FEET, OF 126.09 FEET, THENCE LEAVING SAID WESTERLY MARGIN SOUTH 87'53'40' EAST A DISTANCE OF
THENCE LEAVING SAID WESTERLY MARGIN SOUTH 67'53'40' EAST A DISTANCE THENCE LEAVING SAID WESTERLY MARGIN SOUTH 87'53'40' EAST A DISTANCE 40.00 FEET,
OF 100.00 FEET TO A POINT IN SAID EASTERLY MARGIN, OF 100.00 FEET TO A POINT IN SAID EASTERLY MARGIN, THENCE SOUTH 02'06'20' WEST PARALLEL WITH SAID WESTERLY MARGIN A
THENCE SOUTH 2'06'20' WEST ALONG SAID EASTERLY MARGIN A DISTANCE OF THENCE SOUTH 2•06'20' WEST ALDNG SAID EASTERLY MARGIN A DISTANCE OF DISTANCE OF 634.00 FEET,
136.0D FEET MORE OR LESS TO THE POINT OF BEGINNING. 126.09 FEET MORE OR LESS TO THE POINT OF BEGINNING. THENCE NORTH 87'53'40' WEST A DISTANCE OF 40.00 FEET MORE OR LESS TO
THE POINT OF BEGINNING.
CONTAINS 13,600 SQUARE FEET MORE OR LESS. CONTAINS 12,609 SQUARE FEET MORE OR LESS.
CONTAINS 25,360 SQUARE FEET MORE OR LESS.
J LECAI DESCRIPTION ¢4 FOR 6011 ROAD CONSTRUCTION R'P A. 1 m Fr Ra;0 1. 'UCTIO 11 1 I 1111 LEGAL DESCRIPTION 110 FOR RAIL ROAD CONCTRI1f.TIOM
FASFMFNT EASEM NT FASFMFNT FASFMFN
I 1 DESCRIPTION N 67 109 RAILROAD C.ONSTRUFjQrf,
THAT PORTION OF THE BURLINGTON NORTHERN SANTA FE THAT PORTION OF THE BURLINGTON NORTHERN SANTA FE THAT PORTION OF THE BURLINGTON NORTHERN SANTA FE THAT PORTION OF THE BURLINGTON NORTHERN SANTA FE
RAILROAD RIGHT OF WAY LYING IN THE NORTHEAST RAILROAD RIGHT OF WAY LYING IN THE EAST HALF OF THE RAILROAD RIGHT OF WAY LYING IN THE NORTHEAST RAILROAD RIGHT OF WAY L11NG IN THE NORTHEAST QUARTER
QUARTER OF THE NORTHWEST QUARTER, SECTION 25, NORTHWEST QUARTER, SECTION 25, TOWNSHIP 23 NORTH, QUARTER OF THE NORTHWEST QUARTER, SECTION 25, OF THE NORTHWEST QUARTER, SECTION 25, TOWNSHIP 23
I6 TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING
MERIDIAN, IN KING COUNTY, WASHINGTON. MORE WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: MERIDIAN, IN KING COUNTY, WASHINGTON, MORE COUNTY. WASHINGTON, MORE PARTICULARLY DESCRIBED AS
PARTICULARLY DESCRIBED AS FOLLOWS: PARTICULARLY DESCRIBED AS FOLLOWS: FOLLOWS:
m COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF
Ii COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF HENRY MEADER DONATION LAND CLAIM N0. 46 AND TI-10 COMMENCING AT THE 101005EC110N OF THE SOUTH LINE OF COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF
HENRY MEADER DONATION LAND CLAIM N0. 46 AND THE EASTERLY MARGIN OF THE BURUNGTON NORTHERN SANTA FE HENRY MEADER DONATION LAND CLAIM N0. 46 AND THE HENRY MEADER DONATION LAND CLAIM N0. 46 AND THE
EASTERLY MARGIN OF THE BURLINGTON NORTHERN SANTA RAILROAD RIGHT OF WAY, THENCE SOUTH 2•06 WEST EASTERLY MARGIN OF THE BURLINGTON NORTHERN SANTA EASTERLY MARGIN OF THE BURLINGTON NORTHERN SANTA FE
FE RAILROAD RIGHT OF WAY, THENCE NORTH 2 ALONG SAID EASTERLY MARGIN A DISTANCE OF 928.02 FEET
FE RAILROAD RIGHT OF WAY, THENCE NORTH 2'06'20' RAILROAD RIGHT OF WAY, THENCE SOUTH 2'06'20' WEST
EAST ALONG SAID EASTERLY MARGIN A DISTANCE OF 48.07 TO THE POINT OF BEGINNING; EAST ALONG SAID EASTERLY MARGIN A DISTANCE OF 48.07 ALONG SAID EASTERLY MARGIN A DISTANCE OF 294.02 FEET
FEET, FEET TO THE POINT OF BEGINNING; TO THE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY MARGIN NORTH 8753'40' THENCE LEAVING SAID EASTERLY MARGIN NORTH 87•53'40'
WEST A DISTANCE OF 100.00 FEET TO A POINT IN THE WEST A DISTANCE OF 25.00 FEET, THENCE LEAVING SAID EASTERLY MARGIN NORTH 87'53'40' THENCE LEAVING SAID EASTERLY MARGIN NORTH 87'53'40'
WESTERLY MARGIN OF SAID BURLINGTON NORTHERN SANTA THENCE NORTH 02'06'20' EAST PARALLEL WITH SAID EASTERLY WEST A DISTANCE OF 25.00 FEET, WEST A DISTANCE OF 100.00 FEET TO A POINT IN THE
FE RAILROAD RIGHT Of WAY SAID POINT BEING THE POINT MARGIN A DISTANCE OF 634.00 FEET, THENCE NORTH 02'06'20' EAST PARALLEL WITH SAID WESTERLY MARGIN Of SAID BURLINGTON NORTHERN SANTA FE
OF BEGINNING;
THENCE SOUTH 87'53'40' EAST A DISTANCE OF 25.00 FEET TO EASTERLY MARGIN A DISTANCE OF 80.39 FEET, RAILROAD RIGHT OF WAY,
y
THENCE NORTH 02'06'20' EAST ALONG SAID WESTERLY A POINT IN SAID EASTERLY MARGIN, THENCE NORTH 02'07'15' EAST PARALLEL WITH SAID THENCE NORTH 02'06'20' EAST ALONG SAID WESTERLY MARGIN
MARGIN A DISTANCE OF 80.40 FEET, THENCE SOUTH 2'06'20' WEST ALONG SAID EASTERLY MARGIN EASTERLY MARGIN A DISTANCE OF 486.95 FEET, A DISTANCE OF 80.00 FEET,
A DISTANCE OF 634.00 FEET MORE OR LESS TO THE POINT OF THENCE SOUTH 87'52'45" EAST A DISTANCE OF 25.00 FEET THENCE LEAVING SAID WESTERLY MARGIN SOUTH 87'53'40'
THENCE NORTH 02'07')5' EAST ALONG SAID WESTERLY BEGINNING. TO A POINT IN SAID EASTERLY MARGIN. EAST A DISTANCE OF 100.00 FEET TO A POINT IN SAID
MARGIN A DISTANCE OF 486.96 FEET, THENCE SOUTH 02'07'15' WEST ALONG SAID EASTERLY EASTERLY MARGIN,
i THENCE LEAVING SAID WESTERLY MARGIN SOUTH 87'52'45' CONTAINS 15,850 SQUARE FEET MORE OR LESS. MARGIN A DISTANCE OF 486.95 FEET, THENCE SOUTH 2'06'20' WEST ALONG SAID EASTERLY MARGIN
EAST A DISTANCE OF 40.00 FEET, THENCE SOUTH 02'06'20' WEST ALONG SAID EASTERLY A DISTANCE OF 80.00 FEET MORE DR LESS TO THE POINT OF
g THENCE SOUTH 02'07'15' WEST PARALLEL 811111 SAID MARGIN A DISTANCE OF 80.39 FEET MORE OR LESS TO BEGINNING.
WESTERLY MARGIN A DISTANCE OF 486.96 FEET, THE POINT OF BEGINNING.
3 THENCE SOUTH 2•06'20' WEST PARALLEL PATH SAID CONTAINS 8.000 SQUARE FEET MORE OR LESS.
WESTERLY MARGIN A DISTANCE OF 80.40 FEET, CONTAINS 14,184 SQUARE FEET MORE OR LESS.
8 8 THENCE NORTH 87'53'40' WEST A DISTANCE OF 40.00
0 FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINS 22,694 SQUARE FEET MORE OR LESS.
E
6
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CALL 48 HOURS �7� A�� ,{r I -so' .m., CITY OF STRANDER BOULEVARD EXTENSION 1/11/2011
�i �1gellll)t]LVl I I i r Q RENTON PHASE II 1,'-'
IT
BEFORE YOU DIG 1 I I I 1 M,x Public d Fo r Department
33301 9N Avenue S Suite 300
Federal way, Approved 1 -800- 424 -5555 Washington 913003-2600 I I I I I 1� A a For Construction EXHIBIT "Al" PREMISES
(206) 431 -2300 Fax: (206) 431 -2250 NO_ I REVISION I BY I DATE I APPR i 'am.. Robert M. Hanson P.E. Dole 4 4
I11111 I I
Law Department Approved
EXHIBIT "B"
MEMORANDUM OF EASEMENT
Exhibit "A"
Law Department Approved
WHEN RECORDED MAIL TO:
GRANTOR: BNSF RAILWAY COMPANY
GRANTEE:
Abbreviated Legal Description:
Assessor Property Tax Parcel Account Numbers:
Memorandum of Easement
THIS MEMORANDUM OF EASEMENT is hereby executed this day of
2011, by and between BNSF RAILWAY COMPANY, a Delaware corporation "Grantor whose address
for purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 76131, and The City of
Tukwila, a municipal corporation ("Grantee), whose address for purposes of this instrument is
which terms "Grantor" and "Grantee" shall include, wherever
the context permits or requires, singular or plural, and the heirs, legal representatives, successors and
assigns of the respective parties:
WITNESSETH:
WHEREAS, Grantor owns or controls certain real property situated in King County, Washington
as described on Exhibit "A" attached hereto and incorporated herein by reference (the "Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
(the "Easement Agreement which set forth, among other things, the terms of an easement granted by
Grantor to Grantee over and across the Premises (the "Easement and
WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the
Easement Agreement of record.
For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor
does grant unto Grantee and Grantee does hereby accept from Grantor the Easement over and across
the Premises.
The term of the Easement, unless sooner terminated under provisions of the Easement
Agreement, shall be perpetual. Provisions regulating the use and purposes to which the Easement shall
Page 1 of 3
Law Department Approved
be limited, are set forth in detail in the Easement Agreement and Grantor and Grantee agree to abide by
the terms of the Easement Agreement.
All the terms, conditions, provisions and covenants of the Easement Agreement are incorporated
herein by this reference for all purposes as though written out at length herein, and both the Easement
Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or
document. This Memorandum of Easement is not intended to amend, modify, supplement, or supersede
any of the provisions of the Easement Agreement and, to the extent there may be any conflict or
inconsistency between the Easement Agreement or this Memorandum of Easement, the Easement
Agreement shall control.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to
as of the date and year first above written.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name: David P. Schneider
Title: General Director -Land Revenue Management
STATE OF TEXAS
COUNTY OF TARRANT
On this day of 2011, before me, the undersigned, a Notary Public in
and for the State of Texas, duly commissioned and sworn, personally appeared David P. Schneider to me
known to be the General Director -Land Revenue Management of BNSF Railway Company, the corporation
that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute the said instrument
Witness my hand and official seal hereto affixed the day and year first above written.
Notary Public in and for the State of Texas
Residing at Fort Worth, Texas
My appointment expires:
Page 2 of 3
Law Department Approved
GRANTEE:
CITY OF TUKWILA, a municipal corporation
By:
Name:
Title:
STATE OF
COUNTY OF WASHINGTON
This instrument was acknowledged before me on the day of 2011,
by (name) as (title) of
,a
Notary Public
(Seal)
My appointment expires:
Page 3 of 3
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 the Strander Boulevard Underpass.
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 "C -1 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 Railways 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 on the Project, Railway
agrees to immediately notify the following individual in writing:
City of Tukwila
Bob Giberson
6300 Southcenter Blvd STE 100
Tukwila, WA 98188 -2544
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 the City of Tukwila and Railway's Manager Public Projects, telephone
number 206 625 -6146 at least thirty (30) calendar days before commencing any work on Railway Property.
Contractors notification to Railway, must refer to Railroad's file 929044V.
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 (1 1) 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 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 www.contractororientation.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 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.
1.03.03 The Contractor must abide by the following temporary clearances during construction:
15' 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:
Form 0106 Rev. 06/01/05
25' Horizontally from centerline of nearest track
23' -3 '/2" 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 and must not be undertaken until approved in writing by
the Railway, and until the City of Tukwila 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 the City of Tukwila 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 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 1(800) 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 www.contractororientation.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.
1.05 Railway Flagger Services:
1.05.01 The Contractor must give Railway's Roadmaster (telephone 206 625 -6462) 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,
Form 0106 Rev. 06/01/05
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:
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.
1.05.036 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 the City of Tukwila. 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.
1.05.03d The average train traffic on this route is 23 freight trains per 24 -hour period at a timetable speed of 50
MPH and 28 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
Form 0106 Rev. 06/01/05
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 Railroad'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 Railways 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 Railways 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
reported immediately to the Railway representative in charge of the project and to the Railways 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,
www.contractororientation.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 Railroad's
representative in charge of the project is to be contacted regarding local specifications for meeting requirements
relating to hi- visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as
required by State and Federal regulations. (NOTE Should there be a discreoancv between the information
contained on the web site and the information in this naraeranh. the web site will eovern.)
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
RAILROAD'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 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
Form 0106 Rev. 06/01/05
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 BNSF's Field Engineering Representative (Ben Steinkamp 206 625- 6189). 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.
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.
Form 0106 Rev. 06/01/05
NON EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD
BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City /St 2. Date: Time:
County: 3. Temperature: 4. Weather
(if non Railway location)
5. Social Security
6. Name (last, first, mi)
7. Address: Street: City: St. Zip:
8. Date of Birth: and/or Age Gender:
(if available)
9. (a) Injury: (b) Body Part:
(i.e. (a) Laceration (b) Hand)
11. Description of Accident (To include location, action, result, etc.):
12. Treatment:
First Aid Only
Required Medical Treatment
Other Medical Treatment
13. Dr. Name 30. Date:
14. Dr. Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
FAX TO
RAILWAY AT (817) 352 -7595
AND COPY TO
RAILWAY ROADMASTER FAX
Form 0106 Rev. 06 /01/05
EXHIBIT "C -1"
Agreement
Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
BNSF RAILWAY COMPANY
Attention: Manager Public Projects
Railway File: 929044V
Agency Project: Strander Boulevard Underpass
Gentlemen:
The undersigned (hereinafter called, the "Contractor has entered into a contract (the "Contract dated
20 with the City of Tukwila for the performance of certain work in connection with the
Strander Boulevard Underpass project. Performance of such work will necessarily require contractor to enter BNSF
RAILWAY COMPANY ("Railway right of way and property "Railway Property The Contract provides that
no work will be commenced within Railway Property until the Contractor employed in connection with said work
for the City of Tukwila (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides
insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is
executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor
must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of
Contractor.
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 Contract, has agreed and does hereby
agree with Railway as follows:
Section 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 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, 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.
Form 0106 Rev. 06/01/05
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 hannless 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 Railroad 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.
Section 2. TERM
This Agreement is effective from the date of the Contract 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.
Section 3. INSURANCE
Contractor must, 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 $2,000,000 each occurrence and an aggregate limit of at least
$4,000,000 but in no event less than the amount otherwise carried by the contractor. Coverage must be
purchased on a post 1998 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.
Waiver of subrogation in favor of and acceptable to Railroad.
Additional insured endorsement in favor of and acceptable to Railroad.
Separation of insureds.
The policy shall be primary and non- contributing with respect to any insurance carried by
Railroad.
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 Railroad 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.
Form 0106 Rev. 06/01/05
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 Railroad.
Additional insured endorsement in favor or and acceptable to Railroad.
Separation of insureds.
The policy shall be primary and non- contributing with respect to any insurance carried by
Railroad.
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 Railroad.
D. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least
$2,000,000 per occurrence and $6,000,000 in the aggregate. The policy shall be issued on a standard ISO
form CG 00 35 10 93 and include the following:
Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93)
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 Railroad prior to performing any work or
services under this Agreement
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor's Blanket Railroad
Protective Liability Insurance Policy available to contractor.
Other Requirements:
All policies (applying to coverage listed above) must not contain an exclusion for punitive
damages and certificates of insurance must reflect that no exclusion exists.
Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad.
In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation
against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation
endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation
against Railroad for loss of its owned or leased property or property under contractor's care, custody or control.
Contractor is not allowed to self insure without the prior written consent of Railroad. If granted by
Railroad, any deductible, self insured retention or other financial responsibility for claims must be covered directly
by contractor in lieu of insurance. Any and all Railroad 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 the Work, contractor must furnish to Railroad an acceptable certificate(s) of insurance
including an original signature of the authorized representative evidencing the required coverage, endorsements, and
amendments. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such
Form 0106 Rev. 06/01/05
policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non- renewal, substitution or
material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from
Railroad, a certified duplicate original of any required policy must be furnished. Contractor should send the
certificate(s) to the following address:
BNSF Manager Public Projects
2454 Occidental Ave S Suite 2D
Seattle, WA 98134
Fax: 206 625 -6146
Any insurance policy must be written by a reputable insurance company acceptable to Railroad 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 provide.
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. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. Not
more frequently than once every five years, Railroad 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 must require that the
subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional
insured, and requiring that the subcontractor release, defend and indemnify Railroad to the sane extent and under
the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein.
Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate
this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a
waiver of contractor's obligations hereunder.
The fact that insurance (including, without limitation, self insurance) is obtained by contractor will 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 Railroad will not be limited by the amount of the required
insurance coverage.
For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", `BNSF
RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each.
Section 4. EXHIBIT "C" CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations, requirements and limitations
contained in the Contract, and the Contractor Requirements set forth on Exhibit "C" attached to the Contract 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.
Section 5. 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.
Form 0106 Rev. 06/01/05
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 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. Damages for train delay are currently $676.27 per hour
per incident. 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 four (4) 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.
Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this
letter, which, upon execution by Railway, will constitute an Agreement between us.
(Contractor) BNSF Railway Company
By: By:
Printed Name: Name:
Title: Manager Public Projects
Contact Person: Accepted and effective 20
Address:
City: State: Zip:
Fax:
Phone:
E -mail:
Form 0106 Rev. 06/01/05
Exhibit D
MAINTAIN PROPRIETARY CONFIDENTIALITY
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF TUKWILA
LOCATION TUKWILA DETAILS OF ESTIMATE PLAN ITEM 000175941 VERSION 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
PIP FLAGGING LS 51 MP 11.060 STRANDER BLVD TUKWILA, WA SEATTLE SUB NWN DIV RDM HUGHES DE HIPOL
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER:
FLAGGING FOR UNDERPASS CONSTRUCTION
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO:
100% BILLABLE TO CITY OF TUKWILA, WA
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK
NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT. THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS.
PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND THESE
DEFINED TRACK LIMITS. ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST SUCH AS
YARDS.
THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND
OVERHEAD.
DESCRIPTION QUANTITY U/M COST TOTAL
LABOR
FLAGGING OTHER R.O. W.- CAP 2981.0 MH 72,324
PAYROLL ASSOCIATED COSTS 43,763
EQUIPMENT EXPENSES 23,917
DA LABOR OVERHEADS 69,684
INSURANCE EXPENSES 11,383
TOTAL LABOR COST 221,071 221,071
MATERIAL
TOTAL MATERIAL COST 0 0
OTHER
TOTAL OTHER ITEMS COST 0 0
PROJECT SUBTOTAL 221,071
CONTINGENCIES 22,107
BILL PREPARATION FEE 2,432
GROSS PROJECT COST 245,610
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 245,610
Page 5 of 5
Exhibit D
MAINTAIN PROPRIETARY CONFIDENTIALITY
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF TUKWILA
LOCATION TUKWILA DETAILS OF ESTIMATE PLAN ITEM 000175942 VERSION 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
PIP INSPECTION LS 51 MP 11.060 STRANDER BLVD TUKWILA, WA SEATTLE SUB NWN DIV RDM HUGHES DE HIPOL
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER:
INSPECTION FOR UNDERPASS CONSTRUCTION
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO:
100% BILLABLE TO CITY OF TUKWILA, WA
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK
NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT. THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS.
PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND THESE
DEFINED TRACK LIMITS. ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST SUCH AS
YARDS.
THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND
OVERHEAD.
DESCRIPTION QUANTITY U/M COST TOTAL
LABOR
TOTAL LABOR COST 0 0
MATERIAL
TOTAL MATERIAL COST 0 0
OTHER
INSPECTION 1.0 LS 150,000
TOTAL OTHER ITEMS COST 150,000 150,000
PROJECT SUBTOTAL 150,000
CONTINGENCIES 15,000
BILL PREPARATION FEE 1,650
GROSS PROJECT COST 166,650
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 166,650
Page 3 of 3
Exhibit D
AUTHORITY FOR EXPENDITURE
(FOR INTERNAL 13NSF RAILWAY USE ONLY)
LOCATION VARIOUS TO TUK \VILA LINE SEGMENT 51 AFE NUMBER
PLANITEM NUMBER VARIOUS MILEPOST 10.5 TO 11.0 RFA NUMBER 5909911
PROPERTY OF BNSF RAILWAY COMPANY DIVISION NW CPAR NUMBER CB960211
OPERATED BY BNSF RAILWAY COMPANY SUBDIVISION SEATTLE BUDGET YEAR 2011
JOINT FACILITY VARIOUS TRACK TYPE S BUDGET CLASS 6
BILLABLE 100.0 TAX STATE WA REPORTING OFFICE 117
SPONSOR: VP ENGINEERING CENTER/ROLLUP: S3504
PURPOSE, JUSTIFICATION AND DESCRIPTION
PIP FINAL ALIGNMENT -SHIFT CONSTRUCTION AT STRANDER BLVD LS 51 SEATTLE SUB NWN DIV RQSTR B. STEINKAMP 100%
BILLABLE TO XXXXX
PLAN ITEM LINE SEG BEG MP END MP TRK NBR BEGIN STATION END STATION PROJECT TYPE BUD YEAR
000176750 51 10.5 11.0 S FINALAL[GNMT TUKWILA PUBLIC IMPROVEMENT PROJECT 2011
000176757 51 10.5 11.0 S SHOOFLYI TUKWILA PUBLICIMPROVEMENTPROJECT 2011
000176764 51 10.5 11.0 S SHOOFLY2 TUKWILA PUBLIC IMPROVEMENT PROJECT 2011
1 CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS
LABOR COSTS 0 0 0 0 865,946 865,946
MATERIAL COSTS 0 0 0 0 489,259 489,259
OTHER COSTS 0 0 0 0 284,330 284,330
TOTALS 1 0 0 0 0 1,639,535 1,639,535
SYSTEM MAINTENANCE AND PLANNING KANSAS CITY PRINTED ON: 01/14/2011
ESTIMATE REF. NUMBER: 5909911 ESTIMATED BY: STEFFEN
COSTING DATE: 01/14/2011 PRINTED BY: STEFFEN
Page 1 of 17
Exhibit D
MAINTAIN PROPRIETARY CONFIDENTIALITY
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
WILL BE PROVIDED
LOCATION FINAL ALIGNMT TO TUKWILA DETAILS OF ESTIMATE PLAN ITEM 000176750 VERSION 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER
PIP FINAL ALIGNMENT -SHIFT CONSTRUCTION AT STRANDER BLVD
LS 51 SEATTLE SUB NWN DIV MP 10.5 -11
TO BE PROVIDED
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO:
LINEOVER TRACK FROM SHOOFLY
RFA REQUESTED BY: BEN STEINKAMP
AFE REQUESTED BY:
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK
NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT. THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS. PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND
THESE DEFINED TRACK LIMITS. ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST
SUCH AS YARDS. THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR,
MATERIAL, AND OVERHEAD.
DESCRIPTION QUANTITY U/M COST TOTAL
LABOR
LINEOVER TRACK OPER 1920.0 MH 47,824
PLACE CROSS TIES CAP 300.0 MH 7,473
PLACE FIELD WELDS CAP 72.0 MH 2,015
SIGNAL LABOR TIES 60.0 MH 1,842
SURFACE TRACK REPLACEMENT CAP 240.0 MH 6,790
UNLOAD BALLAST REPLACEMENT CAP 72.0 MH 1,794
UNLOAD CROSS TIES ADDITION CAP 240.0 MH 5,978
UNLOAD OTM ADDITIONAL CAP 3.0 MH 75
PAYROLL ASSOCIATED COSTS 44,647
EQUIPMENT EXPENSES 43,415
DA LABOR OVERHEADS 71,094
INSURANCE EXPENSES 11,610
TOTAL LABOR COST 244,557 244,557
MATERIAL
BALLAST, SPRAGUE, WA (MTN, NWN, NWE, 500.0 NT 2,750
RAIL, TRANSN,BE,40 FT,136 I/4 WORN 132 8.0 EA X 8,512
SPIKE, TRACK, 5/8 X 6 -IN. 241 PER KEG 200.0 EA 74
TIE, TRK,GRADE 5,PRE- PLATED,PANDROL,6IN, ROUND 100.0 EA 10,000
WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 8.0 KT 556
SIGNAL MATERIAL 5.0 DAY 875
MATERIAL HANDLING 1,135
ONLINE TRANSPORTATION 7,954
USE TAX 2,076
OFFLINE TRANSPORTATION 18
TOTAL MATERIAL COST 33,950 33,950
OTHER
CRANE RENTAL 1.0 LS 20,000
LOADER RENTAL 1.0 LS 25,000
TOTAL OTHER ITEMS COST 45,000 45,000
PROJECT SUBTOTAL 323,507
CONTINGENCIES 16,396
BILL PREPARATION FEE 3,400
Page 6 of 17
Exhibit D
GROSS PROJECT COST 343,303
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 343,303
Page 7 of 17
Exhibit D
MAINTAIN PROPRIETARY CONFIDENTIALITY
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
TO BE PROVIDED
LOCATION SHOOFLY I TO TUKWILA DETAILS OF ESTIMATE PLAN ITEM 000176757 VERSION I
PURPOSE, JUSTIFICATION AND DESCRIPTION
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER
PIP FIRST SHOOFLY WEST OF MAINS FOR MAIN 2 AND MAIN 3 BRIDGE CONSTRUCTION AT STRANDER BLVD
LS 51 SEATTLE SUB NWN DIV MP 10.5 -11
TO BE PROVIDED
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO:
RFA REQUESTED BY: BEN STEINKAMP
AFE REQUESTED BY:
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK
NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT. THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS. PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND
THESE DEFINED TRACK LIMITS. ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST
SUCH AS YARDS. THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR,
MATERIAL, AND OVERHEAD.
DESCRIPTION QUANTITY U/M COST TOTAL
LABOR
FLAGGING OTHER R.O.W.- CAP 480.0 MH 26,901
PLACE CROSS TIES CAP 300.0 MH 7,473
PLACE FIELD WELDS CAP 72.0 MH 2,015
PLACE RAIL /OTM CAP 1920.0 MH 47,824
SIGNAL LABOR TIES 60.0 MH 1,842
SURFACE TRACK REPLACEMENT CAP 240.0 MH 6,790
UNLOAD CROSS TIES ADDITION CAP 240.0 MH 5,978
UNLOAD RAIUOTM ADDITION CAP 192.0 MH 4,783
PAYROLL ASSOCIATED COSTS 62,688
EQUIPMENT EXPENSES 45,130
DA LABOR OVERHEADS 99,821
INSURANCE EXPENSES 16,303
TOTAL LABOR COST 327,548 327,548
MATERIAL
BALLAST, SPRAGUE, WA (MTN, NWN, NWE, 700.0 NT 3,850
RAIL, TRANSN,BE,40 FT,136 1/4 WORN 132 8.0 EA X 8,512
RAIL, 136 LB NEW WELDED, PREMIUM 2100.0 LF 46,095
SPIKE, TRACK, 5/8 X 6 -1N. 241 PER KEG 200.0 EA 74
TIE, TRK,GRADE 5,PRE- PLATED,PANDROL,61N, ROUND 1050.0 EA 105,000
TIE, TRK,GRADE 5,TREATED,HARDWOOD,8.5 FT 500.0 EA 23,500
WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 8.0 KT 556
SIGNAL MATERIAL 5.0 DAY 875
MATERIAL HANDLING 9,419
ONLINE TRANSPORTATION 14,723
USE TAX 17,210
OFFLINE TRANSPORTATION 18
TOTAL MATERIAL COST 229,832 229,832
OTHER
CRANE RENTAL 1.0 LS 20,000
LOADER RENTAL 1.0 LS 25,000
TOTAL OTHER ITEMS COST 45,000 45,000
PROJECT SUBTOTAL 602,380
CONTINGENCIES 60,134
Page 11 of 17
Exhibit D
BILL PREPARATION FEE 6,865
GROSS PROJECT COST 669,379
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 669,379
Page 12 of 17
Exhibit D
MAINTAIN PROPRIETARY CONFIDENTIALITY
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
TO BE PROVIDED
LOCATION SHOOFLY2 TO TUKWILA DETAILS OF ESTIMATE PLAN ITEM 000176764 VERSION 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER
PIP SECFOND SHOOFLY WEST OF MAINS FOR MAIN 2 AND MAIN 3 BRIDGE CONSTRUCTION AT STRANDER BLVD
LS 51 SEATTLE SUB NWN DIV MP 10.5 -11
TO BE PROVIDED
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO:
RFA REQUESTED BY: BEN STEINKAMP
AFE REQUESTED BY:
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK
NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT. THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS. PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND
THESE DEFINED TRACK LIMITS. ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST
SUCH AS YARDS. THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR,
MATERIAL, AND OVERHEAD.
DESCRIPTION QUANTITY U/M COST TOTAL
LABOR
FLAGGING OTHER R.O.W.- CAP 480.0 MH 11,956
PLACE CROSS TIES CAP 300.0 MH 7,473
PLACE FIELD WELDS CAP 72.0 MH 2,015
PLACE RAIL /OTM CAP 1920.0 MH 47,824
SIGNAL LABOR TIES 60.0 MB 1,842
SURFACE TRACK- REPLACEMENT CAP 240.0 MH 6,790
UNLOAD CROSS TIES ADDITION CAP 240.0 MH 5,978
UNLOAD RAIL/OTM ADDITION CAP 192.0 MH 4,783
PAYROLL ASSOCIATED COSTS 53,645
EQUIPMENT EXPENSES 52,164
DA LABOR OVERHEADS 85,421
INSURANCE EXPENSES 13,950
TOTAL LABOR COST 293,841 293,841
MATERIAL
BALLAST, SPRAGUE, WA (MTN, NWN, NWE, 500.0 NT 2,750
RAIL, TRANSN,BE,40 FT,136 1/4 WORN 132 8.0 EA X 8,512
RAIL, 136 LB NEW WELDED, PREMIUM 2100.0 LF 46,095
SPIKE, TRACK, 5/8 X 6 -IN. 241 PER KEG 200.0 EA 74
TIE, TRK,GRADE 5,PRE- PLATED,PANDROL,6IN, ROUND 1050.0 EA 105,000
TIE, TRK,GRADE 5,TREATED,HARDWOOD,8.5 FT 500.0 EA 23,500
WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 8.0 KT 556
SIGNAL MATERIAL 5.0 DAY 875
MATERIAL HANDLING 9,364
ONLINE TRANSPORTATION 11,623
USE TAX 17,110
OFFLINE TRANSPORTATION 18
TOTAL MATERIAL COST 225,477 225,477
OTHER
CRANE RENTAL 1.0 LS 20,000
LOADER RENTAL 1.0 LS 25,000
TOTAL OTHER ITEMS COST 45,000 45,000
PROJECT SUBTOTAL 564,318
CONTINGENCIES 56,328
Page 16 of 17
Exhibit D
BILL PREPARATION FEE 6,207
GROSS PROJECT COST 626,853
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 626,853
Page 17 of 17
MAINTAIN PROPRIETARY CONFIDENTIALITY
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
TO WHO
LOCATION CP TUKWILA TO TUKWILA DETAILS OF ESTIMATE PLAN ITEM 000177702 VERSION 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
FIBER OPTIC PROJECT STRANDER BLVD RELOCATION
LS 51 MP 10.5 11 SEATTLE SUB NWN DIV
REQUESTOR BEN STEINKAMP
DESCRIPTION QUANTITY U/M COST TOTAL S
LABOR
COMMUNICATIONS LABOR 300.0 MH 1 1,293
LABOR OTHER R.O.W. EXPENDITURE CAP 300.0 MH 7,046
SIGNAL TECHNICIAN LABOR CAP 300.0 MH 8,683
PAYROLL ASSOCIATED COSTS 16,350
EQUIPMENT EXPENSES 15,898
DA LABOR OVERHEADS 26,034
INSURANCE EXPENSES 4,252
TOTAL LABOR COST 89,556 89,556
MATERIAL
MATERIAL 1.0 LS 90,944
MATERIAL HANDLING 4,547
USE TAX 8,307
OFFLINE TRANSPORTATION 1,145
TOTAL MATERIAL COST 104,943 104,943
OTHER
CONTRACTED CONSTRUCTION 1.0 LS 265,120
ENGINEERING /CONSTRUCTION MANAGEMENT 1.0 LS 155,360
TOTAL OTHER ITEMS COST 420,480 420,480
PROJECT SUBTOTAL 614,979
CONTINGENCIES 8,479
BILL PREPARATION FEE 6,235
GROSS PROJECT COST 629,693
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 629,693
Exhibit E
[Public Projects Manager's letterhead]
Date:
Mr. /Ms.
Re: Final Approval of Plans and Specifications dated 20 drafted by
(hereinafter called, the "Plans and Specifications
Dear
This letter serves as BNSF RAILWAY COMPANY's ("BNSF") final written approval of the
Plans and Specifications covering the construction of the Strander Boulevard Underpass. This
final written approval is given to the City of Tukwila "Agency pursuant to Article III, Section
1 of that certain Underpass Agreement between BNSF and Agency, dated
20 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.
Regards,
Megan McIntyre
Manager Public Projects
Form 0106 Rev. 06/01/05
Exhibit F
Bridge Requirements
BRIDGE DESIGN, PLANS SPECIFICATIONS:
Bridge design calculations will be submitted to BNSF for review and approval. Design calculations will be
summarized on a cover sheet to state the design dead load, design live load and amount of impact and any secondary
loads considered. Bridge design by other than a BNSF pre- approved consultant will be subject to a third party
design check at the Agency's expense.
For railroad bridges and culverts over waterways, BNSF will be provided with the Hydrology and Hydraulic design
criteria, calculations and site specific data, including electronic data utilized in computer simulation modeling.
Design considerations should include future land use changes that would increase the volume, velocity or sediment
transport characteristics of the streambed flows. Design shall include sediment transport calculations and erosion
control mitigation measures if necessary.
Bridge plans will be submitted to BNSF for review and approval at the 30 60% and 90% stage of design. The
final set of plans must be approved by BNSF prior to letting of bids for the Project.
Prior to issuing any invitation to bid on construction of the Structure, the Agency should conduct a pre -bid meeting
where prospective Contractors have the opportunity to communicate with BNSF personnel as to the site specific
train speeds, train density, and general safety requirements for men and equipment working near live tracks. Any
invitation to bid and specifications for the Structure and the Project 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 Contractor entering BNSF right of way, 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 will require an experienced Quality Control Inspector to be present during certain
critical times 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. Certain
components, normally produced off site, will require a QC inspector to be present, including the production of
precast concrete components and steel fabrication. The QC inspector will provide reports to BNSF including pile
driving records, concrete compressive test records, and other such reports requested by BNSF. QC Inspection
services can be provided by the Agency subject to acceptance by BNSF. If the QC services provided are not
acceptable, BNSF will provide an independent QC Inspection service to supplement the deficiencies. The Agency
shall reimburse BNSF for all costs of supplemental QC 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. The plans must show
dimensioned locations of existing and relocated utilities.
BRIDGE MAINTENANCE:
BNSF will be responsible for maintenance of the track and ballast over the bridge and the earth embankment
approaches. The Agency will be responsible for maintenance of the structural components of the bridge, including
deck waterproofing and paint.
Form 0106 Rev. 06/01/05
For bridges over roadways, the Agency will maintain the roadways under the bridge including signs, pedestrian
walkways, fences, drains, landscaping, earth retention components, embankment slopes, erosion control, surface
drainage, paint, walkways, handrails, lighting and other improvements associated with the Project. The Agency will
be responsible to post highway vertical clearance signs and maintain such signs to reflect potential future pavement
profile elevation changes. Clearance signs, traffic control signals or other signs should not be attached to a load
carrying member of the railroad bridge.
For railroad bridges over waterways, the Agency will be responsible for all aspects of channel maintenance across
BNSF's right -of -way, including toe of slope erosion control where the railroad embankment meets the streambed.
The Agency will be responsible for debris removal that may accumulate at bridge piers as well as silt removal, local
and general scour and remediation and streambed lateral migration and streambed degradation remediation.
Fencing and other trespass controls within BNSF's right -of -way and incorporated into the Project shall be designed
and maintained by the Agency. Graffiti removal will be the responsibility of the Agency.
BRIDGE INSPECTION:
BNSF will conduct annual routine structural inspections of railroad bridges over public roadways and waterways at
no cost to the Agency. The Agency shall provide traffic control under those bridges spanning roadways to enable
BNSF personnel or representatives to safely conduct the annual inspections. For routine annual inspections, BNSF
will give the public agency 7 days advance notice of traffic control requirements. In the event of an earthquake, fire,
flood, damage from vehicular impacts or other emergent situations, the Agency will provide traffic control in
roadways to allow immediate inspection by BNSF personnel or representatives. Traffic control will include lane
closures or other such measures to allow BNSF personnel, contractors and equipment to be safely positioned under
the superstructure.
Upon the conclusion of the BNSF inspection, the Agency will be notified of items in need of repair. If the Agency
does not complete the repairs requested by BNSF within a reasonable time period, BNSF personnel and/or
contractors will perform the repairs and invoice the Agency for the entire cost of such repairs. Regardless of the
nature or cause of such maintenance and repairs, traffic control will be provided by the Agency at no cost to BNSF
to allow safe access to the bridge.
Form 0106 Rev. 06/01/05