HomeMy WebLinkAboutCAG1999-0374 - Original - Burlington Northern & Santa Fe Railway Company (BNSF) - Construction of the S 196th St Bridge - 05/11/1999 CONSTRUCTION AND MAINTENANCE AGREEMENT
CONSTRUCTION OF THE SOUTH 196TH STREET
OVERHEAD HIGHWAY BRIDGE (RR MP 13.19)
KENT,WASHINGTON
Agreement made this I I Thday of , 1999 between KENT, WASHINGTON, a
municipal corporation, hereinafter calle the "Agency". and THE BURLINGTON NORTHERN
AND SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter called the
"Railway".
WITNESSETH:
WHEREAS, in the interest of aiding motor vehicle traffic, the Agency is proposing to the
construction of an overhead highway bridge, designated as South 196th Street. The South 196th
Street bridge will cross the Railway's right-of-way and tracks at railroad MP 13.19. The project
is on the Seattle Subdivision of the Pacific Division. The bridge will be located in the NEl/4 of
the SW1/4 and the NW1/4 of the SE1/4 of Section 1, Twp. 22N, Rge. 4 E., WM in Kent,
Washington as shown on map marked Exhibit "B" attached.
WHEREAS,the Agency shall require an easement from the Railway for roadway purposes.
WHEREAS, the Railway will be required to perform certain work on its facilities, and
WHEREAS,the parties hereto desire that the work to be performed by the Agency in
connection with said construction be performed in accordance with plans and specifications to be
prepared by the Agency, and
WHEREAS,the Agency and the Railway have settled certain litigation matters and, as part of
that settlement, the Railway has agreed to cooperate with the Agency in the Agency's
construction of its 196th Street grade separated crossing, as provided in this agreement and in
the settlement between the parties, and
WHEREAS, the Agency is willing to undertake the construction of said project with Agency
funds and the Railway is willing to consent to the execution of the said project upon the terms
and conditions herein stated and not otherwise, and
WHEREAS, the parties hereto desire to contract with reference to the work to be done by each
of them in connection therewith the protection of Railway facilities and the payment of costs and
expense therein involved, and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is mutually
agreed as follows:
1
I
The Railway shall grant to the Agency, the City of Kent, a Washington municipal corporation,
by separate instrument, an easement for roadway purposes only upon, over and across the
surface of the Railway's right-of-way as shown hatched on Exhibit "B".
The Railway shall grant to the Agency, at the costs established in Exhibit "A" of this agreement,
a temporary construction permit for roadway purposes only upon and across the surface of the
Railway's right-of-way as shown on Exhibit "B" attached hereto and made a part hereof.
If temporary crossings are required during construction, the crossings will be covered under this
agreement and the location, type and duration for the crossing will be mutually agreed upon
between the Railway and the Agency.
Upon the complete execution of this agreement the Agency is hereby granted a right-of-entry
onto the Railway's property as shown on Exhibit "B" attached. And is authorized to commence
construction work for said project.
II
The Agency shall perform its work in accordance with detailed plans which shall be prepared by
the Agency and submitted to the Manager Public Projects for the Railway
Mr. J. M. (Mike) Cowles
Manager Public Projects
The Burlington Northern and Santa Fe Ry.
2454 Occidental Avenue So., Ste 1-A
Seattle, WA. 98134
(or his successor) for approval when such plans and specifications affect any right-of-way or
facility of the Railway. Nothing provided in this Agreement with respect to said plans and
specifications shall be construed or deemed to be a ratification or an adoption by the Railway of
said plans as its own.
III
The Agency and the Railway shall perform the various items of work a follows:
A. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE
AGENCY OR ITS CONTRACTOR AT AGENCY EXPENSE.
1. Except as otherwise herein provided, furnish all plans, engineering, supervision, labor,
material, supplies and equipment necessary for construction of the project.
2. Construction of the overhead highway bridge.
2
3. Provide adequate drainage of the overhead structure away from the Railway's tracks
and protect the track drainage to the satisfaction of the Railway.
4. Furnish 1216' of 8" thick timber planking material for the temporary protection of the
tracks during construction. Provide 2 - 24' and 1 - 35'temporary plank crossings.
Railway to install and remove planking and temporary crossings after construction is
complete.
5. Perform all other work not specifically mentioned as work to be performed by the
Railway necessary to complete the project in accordance with the plans and
specifications.
B. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE
RAILWAY AT AGENCY EXPENSE.
1. Track and Crossing Work
Place 1216' of temporary construction planking, and 15,600 square feet of fabric for
track protection. Place 2 - 24' and 1 - 35'temporary grade crossings within the
construction area. Railway will complete installation of temporary planking for the
temporary grade crossings within 30 calendar days of Agency's written notice to
commence construction, so long as Agency has at the time of that notice, delivered the
necessary planking to Railway's designated site. The Agency will furnish the planking
material and retain the planking material after construction is complete.
2. Communication Work
Relocate any underground Fiber Optic Cable and any other utility lines within 90
calendar days of Agency's notice to Railway. If the Railway elects to relocate its
electric utility lines above-ground, then the Railway will comply with all clearances for
roadway bridge crossings required by any applicable uniform electrical codes and all
applicable state, federal and local laws, rules and regulations.
3. En ing eering and Preparation of Bills
Perform preliminary and special engineering and inspection, including field and office
work and preparation of bills, at a total cost not to exceed $ 25,000 during
construction of the Project.
4. Flagg_ing, Protective Services and Devices.
Perform flagging and furnish protective services and devices during construction
operations of the Agency or its contractor(s), as deemed necessary by the Railway.
Railway shall provide a sufficient number of flaggers to the Agency's Project site within
72 hours notice from the Agency or its contractor(s). Railway will furnish protective
services and devices at the Agency's Project site with 72 hours notice from the Agency
or its contractor(s).
3
IV
All work to be done by the Agency and its contractors, subcontractors , and its or their
employees and agents (hereinafter collectively, "Contractors"), or by the Railway at the Agency
expense, on the Railway's right-of-way shall be performed in a manner reasonably satisfactory to
the Railway and shall be performed at such time and in such manner as not to interfere with the
movement of trains or traffic upon the tracks of the Railway.
The Agency and its Contractor, as part of any contract for work to be performed on or about the
Railway's right-of-way, shall indemnify and save harmless the Railway against and from any and
all damage to or destruction of property whatsoever, or injury to or death of persons
whomsoever arising from or as a result of the Agency and its contractors' negligent performance
of the work on the Project (hereinafter collectively "Claims"), which shall include but not be
limited to interference with the normal movement of trains; whether such Claims are caused by or
result from work performed by the Agency, its Contractors, or by the Railway doing work at the
Agency's expense. Should the Agency or its contractor's operations result in such Claims, the
Agency shall reimburse the Railway therefore.
V
The Agency will be billed, as further provided below, for economic losses arising from loss of
use of equipment and train service employees, contractual loss of incentive pay and bonuses, and
contractual penalties resulting from train delays, whether caused by the Agency, its contractors,
or subcontractors, or by the Railway working for the Agency. The Railway agrees that it will
not perform any act to unnecessarily cause train delay.
For loss of use, The Agency will be billed per freight train hour at an average rate of$ 385.33
per hour 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 incident.
In addition to the above damages, passenger, U.S. Mail trains and certain other grain,
intermodal, coal and freight trains operate under incentive/penalty contracts between the Railway
and its customer. Under these arrangements, if the Railway does not meet its contract service
commitment, the Railway may suffer loss of performance or incentive pay or be subject to a
penalty payment. The Agency shall be responsible for any train performance and incentive
penalties or other contractual economic losses actually incurred by the Railway, as a result of any
delay caused by the Agency.
For example, a train arrives 30 minutes after its contract service commitments and the Railway is
assessed damages per terms of the contract. The Agency, its contractor or subcontractor, caused
a 31 minute delay to the train and therefore the Agency is 100% responsible for any train
performance and incentive penalties or other contractual economic losses actually incurred by the
Railway.
The contractual relationship between the Railway and its customers is proprietary and
confidential. In the event of a train delay, covered by this Agreement, the Railway will share
4
information relevant to any train delay to the maximum extent consistent with the Railway's
confidentiality obligations, or as may be ordered by a court of competent jurisdiction. Damages
for train delays for certain trains could be as high as $ 50,000 per incident. The Agency, its
contractors, and subcontractors shall plan, schedule, coordinate and conduct all of their work so
as not to cause delays to trains.
The Railway shall exercise reasonable efforts to establish written criteria to identify what actually
constitutes a delay event at the crossings; maintain contemporaneous records documenting the
time, duration and circumstances of each delay; provide copies of such records to the Agency in
the event a claim for a train delay is made. The Agency agrees to pay non-contested bills within
thirty (30) days of receipt of such bill.
The Agency shall require its Contractors to use all care and caution to avoid accident, damage,
or interference to the Railway's tracks or to the trains or traffic using its tracks. The Agency or
its Contractors shall notify the Railway a sufficient time in advance (72 hours minimum)
whenever it is about to perform work adjacent to any track to enable the Railway to determine
whether flagging or such other protective services and devices may be necessary to ensure safety
of railway operations. All provisions of Exhibit C are hereby incorporated and made part hereof.
All contracts between the Agency and its contractor, for the construction herein provided for or
shown on the exhibits attached hereto, shall require the contractor to conform to the
requirements of Exhibit C.
The Railway will use its best efforts to coordinate its train schedule with the Agency's Project
schedule to avoid or minimize train delays. So long as the Agency or its contractor provides the
Railway at least 30 calendar days written notice, the Railway will provide five four-hour time
periods between the hours of 12:00 am and 4:00 am which the Agency can conduct Project work
that will occupy all of the tracks. The five four-hour periods will be provided daily, either
consecutive or non-consecutive, until all five periods have been utilized. The Agency or its
contractor and the Railway will exercise their best efforts to coordinate this closure time so as to
minimize impacts to all affected parties. However, should train delay occur regardless of those
efforts, the cost will be billed to the Agency as provided in this agreement.
Wherever the safeguarding of trains or traffic of the Railway is mentioned in this Agreement, it is
intended to cover and include all users of the Railway's tracks having permission for such use.
VI
Exhibit A, attached hereto and by this reference made a part of this Agreement, is a current
estimate of the cost of the work to be performed by the Railway at Agency expense, with the
exception of Flagging, and is for informational purposes only. Flagging has not been included in
this estimate and will be provided on an as-needed basis in accordance with Section III.B.2 of
this Agreement.
The Agency shall reimburse the Railway for all cost and expense incurred by the Railway in
connection with the work as indicated in this Agreement; provided, however, that the Agency is
not obligated to reimburse the Railway for costs and expenses incurred by the Railway for work
5
that must be performed or for materials that must be supplied more than once as a result of the
Railway's failure to exercise due care.
The Railway may submit progress bills to the Agency during the progress of the work for the
actual cost of services and expenses. If the bill is disputed for any reason, the Agency will
promptly notify the Railway and will pay any undisputed amount. The Railway will itemize its
costs billed to the Agency to the Agency's reasonable satisfaction prior to any payments to the
Railway becoming due.
The Railway and the Agency shall maintain records regarding the work performed and the costs
and expenses incurred by the parties for the project in accordance with generally accepted
accounting principles and practices. Said records shall be made available to the other party, or
for state or federal audit, upon request during normal business hours, for a period of three years
after the final payment.
VU
The Railway agrees not to commence materials ordering or construction work for said project
until receipt from the Agency of written notice to proceed. Reimbursement under this agreement
will be limited to construction costs incurred subsequent to the date of said notice.
A final and complete billing of all actual incurred costs and expenses, ascertained in accordance
with the provisions of 23 CFR 140 I, which by this reference is incorporated in this agreement,
shall be made at the earliest practical date. The Agency shall, upon presentation of final billing,
promptly reimburse the Railway for the cost of services and expenses of work included in this
agreement.
VM
The Agency, without expense to the Railway, shall secure from the owner or owners of that
certain property lying adjacent to and outside of the Railway's right-of-way all necessary
easements, permits or other interest therein necessary for the occupancy and use of said property
during the construction, maintenance and operation of the roadway and its appurtenances.
IX
The approximate daily train traffic on the subject line is 26 freight trains, maximum speed 50
MPH;-L passenger trains, maximum speed 75 MPH; and 8 switching movements, maximum
speed 10 MPH
All contracts between the Agency and its contractor, for either the construction herein provided
for or maintenance work on the highway within any easement area described herein or shown on
the exhibits attached hereto, shall require the contractor to indemnify and hold harmless the
Railway and any other railroad company occupying or using the Railway's right-of-way or line of
railroad against all loss, liability and damage arising from activities of the contractor, its forces or
any of its subcontractors or agents; and shall further provide that the contractor shall:
6
1. Furnish to the Railway a Railroad Protective Policy in the form provided by 23 CFR 646 A.
The combined single limit of said policy shall not be less than Two Million Dollars ($ 2,000,000)
for all damages arising out of bodily injuries to or death of any person or persons and for all
damages arising out of the loss or destruction of or injury or damage to property in any one
occurrence during the policy period, and subject to that limit a total (or aggregate) limit of not
less than Six Million Dollars ($ 6,000,000) for all damages during the policy period. Said
insurance policy executed by a corporation qualified to write the same in the state in which the
work is to be performed, shall be in the form and substance satisfactory to the Railway company
and shall be delivered to and approved by the Railway prior to the entry upon or use of its
property by the contractor.
2. Carry regular Contractor's Public Liability and Property Damage Insurance as specified in 23
CFR 646 A providing for a limit of not less than One Million Dollars ($ 1,000,000) for all
damages arising out of bodily injuries to or death of one person, and subject to that limit for each
person, a total limit of not less than Two Million Dollars (2,000,000)for all damages arising out
of bodily injuries to or death of two or more persons in any one accident; and providing for a
limit of not less than One Million Dollars ($ 1,000,000) for all damages to or destruction of
property in any one accident and subject to that limit a total (or aggregate) limit of not less than
Two Million Dollars ($ 2,000,000) for all damages to or destruction of property during the
policy period. A certificate of insurance providing proof of Contractor's Public Liability and
Property Damage Insurance containing a thirty (30) - day advance written notice to the Railway
in the event of cancellation, nonrenewal or material change of policy, executed by a corporation
qualified to write the same in the state in which the work is to be performed, in form and
substance satisfactory to the Railway shall be delivered to and approved by the Railway prior to
the entry upon or use of the Railway's property by the contractor. Railway shall be a named
insured under the above policy.
The Agency, its contractor, subcontractors or agents, shall at its own expense, obtain and
maintain in force during the term of this Agreement the following insurance.
(a)Business Automobile Policy Insurance, including owned, non-owned, and hired vehicles with
minimum limits for bodily injury and property damage of One Million Dollars ($ 1,000,000) each
occurrence, on all vehicles which the Agency or any of its agents or employees may use at any
time in connection with the performance of this Agreement. Railway shall not be a named
insured in the above policy. The Agency, for itself only, may comply with this paragraph by
providing the Railway with adequate proof of its self insurance.
(b) Worker's Compensation Insurance or coverage as required under the "Workers
Compensation Act" of the State of Washington. The Policy should include occupational disease
to required statutory limits, employer's liability of One Million Dollars ($ 1,000,000) to include
FELA, if appropriate, and an "all states" endorsement. Railway shall not be a named insured in
the above policy.
X
If the Agency, its contractor, subcontractors or agents, in the performance of this work herein
provided for or by the failure to do or perform anything for which it is responsible under the
provisions hereof, shall damage or destroy any property of the Railway, such damage or
7
destruction shall be corrected by the Agency in the event its contractor or the insurance carriers
fail to repair or restore the same.
XI
For any work performed in the State of Washington, nothing in this agreement is intended to be
construed as a requirement for an indemnification against the sole negligence of the Railway, its
officers, employees or agents. Moreover, for any work performed in the state of Washington,
the contractor shall specifically and expressly agree to indemnify the Railway and any other
railroad company occupying or using the Railway's right-of-way or line of 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 contractor's negligence,
provided however, if such loss, liability, damage, penalties or fines are caused by or result from
the concurrent negligence of(a)the Railway or the Railway's officers, employees or agents, and
(b) the contractor or the contractor's employees, agents or subcontractors, such indemnity shall
be valid and enforceable only to the extent of the negligence of the contractor or the contractor's
employees, agents or subcontractors.
XII
The Agency's Contractor shall prosecute and complete work according to Contractor's own
manner and methods and with and by Contractors own means and employees, free from any
supervision, inspection, or control whatsoever by the Railway, except only as may be necessary
to enable the Railway to determine whether work performed complies with the requirements of
this agreement and conforms to the plans and specifications, it being the intention of the parties
hereto that the contractor shall be and remain an independent contractor and that nothing herein
contained shall be constructed as inconsistent with that status.
XM
The Agency shall require the contractor to comply with all requirements and regulations of every
Federal, State, Local, or other governmental authority with respect to the performance of work
for the safety of the employees engaged therein, and of the public; shall take all necessary
precautions for the safety of contractor, subcontractors and the employees and property of each;
and shall protect contractor, subcontractors and the employees and tools of both while engaged
in said work.
The Railway's engineer or designee may advise contractor or contractor's work site supervisor
that an agent or employee of contractor or of a subcontractor is working in an unsafe manner or
may potentially work in an unsafe manner, in which event, contractor's work site supervisor shall
cause said agent or employee to leave the work site and Railway's property. The Agency shall
require that its contractor assume all responsibility for the safe work method and practices of its
agents and employees and agree to indemnify and hold harmless the Railway from and against
any and all claims arising from or in any manner connected with the removal of the agents and
employees of contractor from the work site and Railway's property for safety reasons.
8
XIV
Upon completion of the project, the Agency, at its sole cost and expense, shall maintain said
overhead structure. The Agency agrees that it will do nothing and permit nothing to be done in
the maintenance of said overhead bridge structure, which will interfere with or endanger facilities
of the Railway. The Railway may make changes in or addition to its existing facilities within the
limits of the said grade separation structure; provided, however, that the usefulness thereof, and
the purpose of said separation shall not thereby be impaired.
XV
The horizontal clearances under the newly constructed overhead highway bridge shall be a
minimum of 25' 0" horizontally from centerline of(future) mainline track and a minimum of 40'
0" from existing mainline track. The vertical clearances under the newly constructed overhead
highway bridge shall be a minimum of 23' 6" from top of rail of mainline tracks. The vertical and
horizontal clearances under the newly constructed overhead highway bridge shall be a minimum
of 15' 0" horizontally from centerline of industrial spur track and 23' 6" vertically from top of rail
of industrial spur track.
XVI
ALSO RESERVING, however, unto the Railway, its successors and assigns, the right to
construct, place, operate, maintain, alter, repair, replace, renew, improve, and remove
communication lines above, below and on the surface of the premises, including without
limitation, transmission by conduit, fiber optics, cable, wire, or other means of electricity, voice
data, video, digitized information, or other materials or information, including the right of ingress
and egress in any such manner as does not unreasonably interfere with the Agency's use of the
premises for said roadway, and further reserving unto Railway, its successors and assigns may
require to investigate and remediate environmental contamination and hazards.
AGENCY IS PLACED ON NOTICE THAT FIBER OPTIC, COMMUNICATIONS,
CONTROL SYSTEMS, AND OTHER TYPES OF CABLES MAY BE BURIED ON
RAILROAD'S PROPERTY. Before beginning work, Agency shall telephone Railroad's
Communications Network Control Center at 1-800-533-2891 (a 24-hour number) to determine if
cable systems are buried on Railroad's property to be used by Agency. The Agency shall contact
the appropriate personnel to have cables located and make arrangements with the owner of the
facility as to the protective measures that must be adhered to prior to the commencement of any
work on Railroad's property. In addition to the liability terms elsewhere in this Agreement,
Agency shall indemnify and hold Railroad harmless against and from 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 Agency, its 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 telecommunications and or signal system by Agency, its
contractor and/or its subcontractors, agents, and/or employees, on Railway's property, and (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 Railroad's property, and/or(3) any
9
claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer
or user of such telecommunications company(ies).
XVII
Either party hereto may assign any receivable due them under this agreement provided, however,
such assignments shall not relieve the assignor of any of its rights or obligations under this
agreement. No modification or amendment to this Agreement shall be valid until the same is
reduced to writing and executed with the same formalities as were attendant to this Agreement.
Any litigation regarding this Agreement or arising out of the performance thereof shall be
commenced and maintained only in competent courts of jurisdiction within King County,
Washington, unless the statutes or laws of the State of Washington or United States require
institution of suit or proceedings elsewhere or in other forums. This Agreement shall be
interpreted in accordance with the laws of the State of Washington.
This Agreement contains all of the terms and conditions agreed by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind the parties hereto.
XVIII
This agreement shall inure to the benefit of and be binding on the parties hereto, their successors
and assigns.
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed the day and year first hereinabove written.
ATTEST:
By
Clerk
KENT,WASHINGTO THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
By
or By �•W -
Vice President- Chief Engineer
Approved as to form
By�`q?4, a PROVED TO FORMS 3�g
City Attorney g 5 S T• HaiNaftm
10
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
EXHIBIT "A►'
PACIFIC DIVISION SEATTLE SUBDIVISION
KENT , WASHINGTON
STATE OF WASHINGTON VALUATION SECTION WA
Estimated cost for the construction of the South 196th Street overhead bridge to be located at
railroad MP 13.19 as per Exhibit "A" attached.
ESTE%IATED COST LABOR NON-LABOR
PART I -Not estimated
PART II -
1. Track and Crossing Work
Place 1216 of temporary construction planking, 21,474 11,605
15,600 sq. ft. of fabric for track protection. Place
2 - 24' and 1 3 5' temporary grade crossings within
the construction area. Remove after construction
is complete.
Material Handling 286
Freight 9,282
Equipment Rental 3,843
Subtotal Without-Labor Surcharges 21,474 25,016
2. Communications Work
• Relocate Fibre Optics Cable k000 16,100-
Subtotal Without Labor Surcharges 8,000 16,100
3. Flagging, Protective Services and Devices
12
Not estimated -- See Exhibit "B" ------- -----
4. Engineering and Preparation of Bills
Engineering Expenses 13,453 $ -----
Preparation of Bills 407 -----
Subtotal Without Labor Surcharges 13,860 $-----
SUMMARY
1. Track and Crossing Work 21,474 25,016
2. Communications Work 8,000 16,100
3. Flagging and Protective Services
4. Engineering and Preparation of Bills 13,860
5. Liability Insurance 3,218
Totals 43,334 44,334
5. Labor Surcharges
Vacation Pay, Paid Holidays, Railroad 11,902
Retirement, Unemployment Insurance, Health
and Welfare Benefits
55,236 44,334
55,236
. 99,570
Contingencies 5,438
State of Washington Tax 772
Total B/C vs: Kent, Washington 105,780
Office of Manager Public Projects
Seattle, Washington
13
m .s D f
0 a O
v
= v _
-mv
I
> M m Z ___ _ �e f, f
�a
I
Z m c ...- -._
O
> w0rn-n CD M.
o
m O = o m .M. i
V ^
o VV� i5i5
_� e • e �e el • • • e ` cc� 7g8� y� ���
*1 All
�'� • • •e • ei ' • ° R !d � 8 f9
I--W-4-
---- ---------------- ------1 4�
1 MON PAO M PAQJWO
i
bt
cb
I
fl,
f
r.tA►
a
ow
on m
NOII .
it °ND � �
..•... ;
0.OIV711 M.
1 A t
tL.6f.80
--I --------- TA fmt_PFm
g - —
o ----
R
I R3 I
•e
'• , . IM•` —tip �� . .__-_ 11"y
�
• � I
— t• •I I°1 ..11.r nF %R�
s
• • q
° • • • O �x
ilh
. . •I y Q Pli�
---------------- ------�--- ° i
UWW/PACUIC RApgpAp � � I
10
ck
1 —
— I I
1 alyyyya N
I I10 p
� I•
fI � I
r-IAA
I ( N R
1 a
f- --_. Z - ==- - -----
__s 9
1 a%7,1 Im 'S
is gum
1 &'AW.WRL A 1
{9 ' 6. RT.
1
—F -—-—-—-— TAIoZ."am_ I
EXIT "C"
CONTRACTOR REQUIREMENTS
1.01 General
1.01.01 The Contractor shall cooperate with THE BURLINGTON NORTHERN AND SANTA FE 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 South 196th Street
overhead highhww y bridge.
• 1.01.02 The Contractor shall plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains on Railway Property.
• 1.01.03 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the
Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a
hazard to Railway's Property,employees,and/or operations.
• 1.01.04 The Contractor is responsible for determining and complying with all Federal, State and Local
Governmental laws and regulations, including, but not limited to, environmental, health and safety. The
Contractor shall be responsible for and indemnify and save Railway harmless from 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.
• 1.01.05 The Contractor shall notify the city of Kent. Washin on at (253) 859-3575 and Railway's Manager
Public Projects,J. M. (Mike) Cowles. telephone number ( 206)625-6146 at least thirty(30)working days before
commencing any work on Railway Property. Contractors notification to Railway, shall refer to Railway's file
Kent. WA. - 196th Street OHB Construction.
1.01.06 For any falsework above any tracks or any excavations located, whichever is greater, within twenty-five
(25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 1/2 horizontal to 1
vertical slope beginning at eleven (11) feet from center line of the nearest track, both measured perpendicular to
center line of track, the Contractor shall furnish the Railway five sets of working drawings showing details of
construction affecting Railway Property and tracks. The working drawings shall 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. All calculations shall take into consideration railroad
surcharge loading and shall 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 shall be stamped by a registered professional engineer licensed to practice
in the state the project is located. The Contractor shall not begin work until notified by the Railway that plans
have been approved. The Contractor shall 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 shall the Contractor be relieved of
responsibility for results obtained by the implementation of said approved plans.
• 1.01.07 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 shall 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.
March 27, 1998 Page- 1
1.02 Agreement
• 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees shall enter Railway Property
without first having attended a BNSF Contractor Safety Orientation session. The Contractor shall ensure
that at a minimum its on-site Project Supervisor(s) have attended a Safety Orientation conducted by the
Railway, or its representative, and that each of its employees, subcontractors, agents or invitees have
received the same Safety Orientation through sessions conducted by or through the Contractor before any
work is performed on the Project. The Contractor shall give Railway a minimum of thirty(30)days advance
notice for scheduling the Safety Orientation.
1.03 Railway Requirements
1.03.01 The Contractor shall 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 shall be paid for by the Agency.
• 1.03.02 The Contractor shall notify the Railway's Division Superintendent Greg White at (206) 625-6361 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 shall abide by the following clearances during construction:
• 251-0" Horizontally from center line of nearest track.
• 231-6" Vertically above top of rail(Temporary Falsework Clearance may be reduced to 22'-6"
Subject to Railway and Public Utilities Commission approval)
• 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
• 301-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts
• 341-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
• 1.03.04 Any infringement within State statutory clearances due to the Contractor's operations shall be submitted to
the Railway and to the ci(v of Kent. Washington and shall not be undertaken until approved in writing by the
Railway, and until the city of Kent. Washington has obtained any necessary authorization from the State
Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's
work is delayed pending Railway approval,and/or the State Regulatory Authority's approval.
• 1.03.05 In the case of impaired vertical clearance above top of rail, Railway shall 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 shall be borne by the Agency.
• 1.03.06 The details of construction affecting the Railway's Property and tracks not included in the contract plans
shall be submitted to the Railway by the city of Kent. Washington for approval before work is undertaken and this
work shall not be undertaken until approved by the Railway.
• 1.03.07 At other than public road crossings, the Contractor shall not move any equipment or materials across
Railway's tracks until permission has been obtained from the Railway. The Contractor shall obtain a "Temporary
Private Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railway's
tracks. The temporary crossing shall be gated and locked at all times when not required for use by the Contractor.
The temporary crossing for use of the Contractor shall be at the expense of the Contractor.
• 1.03.08 Discharge, release or spill on the Railway Property of any hazardous substances in excess of a reportable
quantity or any hazardous waste is prohibited and Contractor shall immediately notify the Railway's Resource
March 27, 1998 Page- 2
Operations Center at 1(800) 832-5452, of any discharge, release or spills. Contractor shall not allow Railway
Property to become a treatment or storage facility as those terms are defined in the Resource Conservation and
Recovery Act or any state analogue.
• 1.03.09 The Contractor, upon completion of the work covered by this contract, shall 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
shall cause Railway's Property to be left in a condition acceptable to the Railways representative.
1.04 Contractor Safety Action Plan
• 1.04.01 Each Contractor shall develop and implement a Safety Action Plan which shall be made available to
Railway prior to commencement of any work on Railway Property. During the performance of work, the
Contractor shall audit its compliance with the Safety Action Plan. The Contractor shall designate an on-site
Project Supervisor who shall serve as the contact person for the Railway and who shall maintain a copy of
the Safety Action Plan and subsequent audits at the job site for inspection and review by the Railway at any
time during the course of the project. The Safety Action Plan shall contain, but not be limited to, the
following;
• Contractor's Employee Safety
• Safety Orientation(Sec 1.02.01)
• Job Briefings(Sec1.06.01 & 1.06.02)
• Personal Protective Equipment(Sec 1.06.08)
• Protection of Railway Facilities and Railway Flagger Services(Sec 1.03.05 & 1.05)
• Protection of Contract Employees Working Nearer Than 25 Feet from any Track(sec 1.06.03)
• Work After Hours(Sec 1.06.04)
• Contractor Employee Training
• Personal Injury Reporting(Sec 1.09)
• Accident Investigation and Analysis
• High Risk Work Areas/Situations
• Notification of Damage to Railway Property or Hazards That Could Affect the Safe Operation
• of Trains(Sec 1.06.06)
• Falsework/Shoring Affecting the Integrity of Tracks(Sec 1.01.06)
• Clearances Affecting the Integrity of Train Operations(Sec 1.03.03)
• Moving Equipment and Materials across Railway's Tracks(Sec 1.03.07& 1.05.02e)
• Security of Machines,Equipment and Vehicles(Sec 1.06.10)
• Powerline Safety(Sec 1.06.12)
• Excavation Safety(Sec 1.07)
• High Risk Employees
• Alcohol and Drug Use(Sec 1.06.05)
• Firearms or Deadly Weapons(Sec 1.06.07)
• Property Damage,Housekeeping and Clean-up(Sec 1.03.01 & 1.03.09)
• Storage of Materials(Sec 1.06.09)
• Facility Auditing
• Compliance with Laws(Sec 1.01.04)
• Hazardous Substances and Materials
• Discharges,Releases and Spills(Sec 1.03.08)
• Hazardous Materials Encountered in Excavations(Sec 1.08)
1.05 Protection of Railway Facilities and Railway Flagger Services:
• 1.05.01 The Contractor shall give a minimum of 3 working days notice to dyne Lonn,gren the Railways
Roadmaster at(253)951-2563 .in advance of when flagging services will be required.
March 27, 1998 Page- 3
• 1.05.02 Railway flagger and protective services and devices will be required and furnished when Contractor's
work activities are located over or under of and within twenty-five(25)feet measured horizontally from center line
of the nearest track and when cranes or similar equipment positioned outside of 25-foot horizontally from track
center line that could foul the track in the event of tip over or other catastrophic occurrence,but not limited thereto
for the following conditions:
• 1.05.02a When in the opinion of the Railway's representative, it is necessary to safeguard Railway's
Property,employees,trains,engines and facilities.
• 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. The base cost per hour for(1)flagger
is S 17.00 plus 151 % for year of 1999 for vacation allowance, paid holidays, Railway and Unemployment:
Insurance, Public Liability and Property Damage Insurance, health and welfare benefits, transportation, meals,
lodging and supervision, for an eight(8) hour basic day with time and one-half or double time for overtime, rest
days and holidays. These rates are subject to any increases which may result from Railway Employees-Railway
Management negotiations or which may be authorized by Federal authorities.
• 1.05.03a A flagging crew generally consists of one employee. However, additional personnel may be
required to protect Railway Property and operations,if deemed necessary by the Railway's representative.
• 1.05.03b Each time a flagger is called, the minimum period for billing shall be the eight (8) hour basic
day.
• 1.05.03c The cost of flagger services provided by the Railway, when deemed necessary by the Railway's
representative,will be borne by the Agency.
• 1.05.03d The average train traffic per 24-hour period on this route is 26 freight trains at a timetable
speed of 50 MPH and 8 passenger trains at a timetable speed of 75 MPH and 8 switch engine
movements,maximum speed 10 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
center line of any track shall be in compliance with FRA Roadway Worker Protection Regulations.
• 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing shall 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 center line of any track,the job briefing M=include the Railway's flagger 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).
March 27, 1998 Page - 4
• 1.06.03 Workers shall not work nearer than 25 feet to the center line of any track without proper flag/work
protection provided by the Railway, unless the track is protected by track bulletin and work has been
authorized by the Railway. N flag/work protection is provided,every Contractor employee must know: (1)
who the Railway flagger is and how to contact the flagger, (2) limits of the flag/work protection, (3) the
method of communication to stop and resume work, and (4) entry into flag/work limits when designated.
Men or equipment entering flag/work limits that were not previously job briefed must notify the flagger
immediately and be given a job briefing if working at less than 25 feet from center line of track.
1.06.04 When Contractor employees are required to work on the Railway Property after normal working
hours or on weekends,the Railway's representative in charge of the project must be notified. A minimum of
two employees shall be present at all times.
• 1.06.05 Any Contractor employee, its subcontractors employee, agents or invitees under suspicion of being under
the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and
subsequently released to the custody of a representative of Contractor management. Future access to the Railway's
Property by that employee will be denied.
• 1.06.06 Any damage to Railway Property, or any hazard that is noticed on passing trains, shall be reported
immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in
contact with a track, signal equipment,or structure(bridge)could result in a train derailment and shall be reported
by the quickest means possible to the Railway representative in charge of the project and to the Railway's Resource
Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway
representative in charge of the project prior to the start of any work and shall be posted at the job site.
1.06.07 All persons are prohibited from having pocket knives with blades in excess of three(3)inches, firearms or
other deadly weapons in their possession while working on Railway Property.
• 1.06.08 All personnel protective equipment used on Railway Property shall meet applicable OSHA and ANSI
specifications. Railway personnel protective equipment requirements are; a) safety glasses: permanently affixed
sideshields; no yellow lenses, b) hard hats with high visibility orange cover, c) safety shoes: hardened toe,
above-the-ankle lace-up with a defined heel and d) high visibility retro-reflective orange vests are required as
specified by the Railway's representative in charge of the project.Hearing protection,fall protection and respirators
will be worn as required by State and Federal regulations.
1.06.09 The Contractor shall not pile or store any materials, machinery or equipment, closer than 25'-0" to the
center line of the nearest Railway track. At highway/rail at-grade crossings, materials, machinery or equipment
shall not be stored or left temporarily which interferes with the sight distances of motorists approaching the
crossing. Prior to beginning work, the Contractor will establish a storage area with concurrence of the Railway's
representative.
• 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment
must be in gear with brakes set and, if equipped with blade,pan or bucket,they must be lowered to the ground. All
machinery and equipment left unattended on Railway's Property must be left inoperable and secured against
movement.
• 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 shall meet all Federal, State and Local regulations.
• 1.06.12 All power line wires must be considered dangerous and of high voltage unless Contractor has been
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 shall be; 200 KV or below - 15 feet, 200 to 350 KV-20 feet, 350 to 500 KV-
25 feet, 500 to 750 KV - 35 feet, 750 to 1000 KV - 45 feet and if capacity of the line is not known, minimum
clearance of 45 feet must be maintained. A person shall be designated to observe clearance of the equipment and
March 27, 1998 Page - 5
give a timely wanting 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, it must be ascertained by the Contractor if there are any underground pipe lines,
electric wires, or cables, including fiber optic cable systems, that either cross or run parallel with the track which
are located within the project's work area. Excavating on Railways Property could result in damage to buried
cables resulting in delay to Railway traffic, including disruption of service to users resulting in business
interruptions involving loss of revenue and profits. Before any excavation commences,the Contractor must contact
the Railway's Signal Supervisor and Roadmaster. All underground and overhead wires must be considered HIGH
VOLTAGE and dangerous until verified with the company having ownership of the line. It is also the Contractor's
responsibility to notify arm 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 the Railway must be notified immediately before continuing
excavation in the area if obstructions are encountered that do not appear on drawings. If the obstruction is a utility,
and the owner of the utility can be identified, then the owner should also be notified immediately. If there is any
doubt about the location of underground cables or lines of any kind, no work will be performed until the exact
location has been determined. There will be no exceptions to these instructions.
• 1.07.03 All excavations shall be conducted in compliance with applicable OSHA regulations, and regardless of
depth,shall be shored where there is any danger to tracks,structures or personnel.
• 1.07.04 Any excavations,holes or trenches on 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, all 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 Hazaradous 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 shall 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 representative no later than the close of shift on the date of the injury.
March 27, 1998 Page - 6
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. Tf 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-BNSF 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 REPRESENTATIVE
March 27, 1998 Page- 7
BMF J.M.(MIKE)COWLES The Burlington Northern and
Manager Public Projects Santa Fe Railway Company
(States of WA.,ID,MT,&British Columbia)
Oft 2454 Occidental Avenue South
Suite 1-A
Seattle,WA.98134
(206)625-6146
(206)625-6115 (fax)
Ken Langholtz, P.E. May 11, 1999
Senior Design Engineer
City of Kent
220 4th Avenue South
Kent, WA. 98032-5895
Dear Mr. Langholtz:
Concerning the city's project to construct the So. 196th Street overpass, to be constructed over
the railroad tracks at RR Milepost 13.19.
Attached is the city's fully executed copy of the Construction and Maintenance Agreement. As
addressed on page 6, article VII, the BNSF requires a letter authorizing BNSF to commence with
material ordering and construction. As discussed in my earlier letter of May 6, we are currently
surveying for the burying of our pole line which carries BNSF signal wires. Although the scope
of work addresses the relocation of fibre-optics and other wires, the burying of the signal wires
was never estimated. We want to make sure the agreement addresses the entire cost of our share
of the work. Once it has been determined what the costs are you shall be the first to know. I
don't know if a supplement is required, or will a letter suffice?
acerely,
1 ��(Mike) Cowles
Mgr Public Projects
JMC
cc: Russ Frazier
Gary Gower
Dennis Lasser
file: Kent, WA. - So. 196th St. OHB construction
1