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HomeMy WebLinkAboutCAG1995-0190 - Original - Union Pacific Railroad Company - South 212 Street Improvements - 03/17/1995 UNION PACIFIC RAILROAD COMPANY CONTRACTS&REAL ESTATE DEPARTMENT UHRICH J.A.ANTHONY R.D. VICE PRESIDENT DIRECTOR-CONTRACTS& ASSISTANT JOINT FACILITIES _ D.D.BROWN ROOM 1 100.1416 DODGE STREET T,. i` ?" t�,� C!RECTOR-REAL ESTA E OMAHA,NEBRASKA 68179 J.L.HAWKINS (402)271-37.53 DIRECTOR-OPERATIONS SUPPORT EAx(40r)271 5493 D.H.LIGHTWINE DIRECTOR-REAL ESTATE July 12, 1995 WD REC ORI BUiILDING SERVICES Crossing: Public: WA-Kent So. 212th Street _-- -- Y Mr. Tom Brubaker Assistant City Attorney City of Kent A 220 Fourth Avenue South Kent, Washington 98032-5895 , Dear Mr. Brubaker: 1," Enclosed is the City of Kent's fully executed original of the agreement for improvements to South 212th Street grade crossing at Milepost 169.00 on our Seattle Subdivision in Kent, Washington. Union Pacific authorized the installation of fiber optic cable facilities on its property in certain areas. Before using the Railroad's property covered herein, you should thoroughly review the terms and conditions of this document and contact us at 1-800-336-9193 to find out if a fiber optic cable is buried on the subject property near M.P. 169.00 on our Seattle Subdivision. Also, please notify our Manager-Track Maintenance at (206) 764-1467 at least 48 hours before doing any work on our right-of-way. The City will be billed for the work performed by the Railroad pursuant to this agreement. The City will also receive a bill for$500 to cover the administrative handling fee which was not returned with the agreement. I would appreciate payment of$500 be directed to my attention in order to ensure proper credit for this agreement. As information, Union Pacific Railroad Company's Federal Taxpayer Identification Number is 13-6400825 and we are doing business as a corporation. If you have any questions concerning the terms of this agreement, please contact me at (402) 271-2343. Questions concerning the installation of the crossing should be directed to Jim Hill, Manager-Industry & Public Projects, at (503) 249-2591 or Ray Oneida, Manager-Track Maintenance, at (206) 764-1467. Sincerely yours, _J�( f 1A-- MILLI SCHEER Contracts Representative cc: Property Records - Room 1100 -w/Railroad's original Jim Hill - Portland - w/copy Mike Johnson - Nampa -w/copy Ray Oneida - Seattle - w/copy Keith Walter- Room 920A-w/copy Garnet Wagner- M.C. 9030 - w/copy PHC 880706 811788.PHC Form Approved,AVP-Law fh �� 2-W, Agreement Number Improvement of Existing Public Highway Crossing at M.P. 169.00 - Seattle Subdivision South 212th Street Kent, King County, Washington THIS AGREEMENT, made and entered into as of the 1`Tti day of c , 19 �ls, by and between UNION PACIFIC RAILROAD COMP , a Utah corporation (hereinafter the "Railroad") and the CITY OF KENT, a municipal corporation of the State of Washington to be addressed at 220 Fourth Avenue South, Kent, Washington 98032-5895 (hereinafter the "Political Body"), WITNESSETH: RECITALS: The Political Body desires to undertake as its project the improvement of South 212th Street in Kent, Washington (hereinafter the "Project"). The part of the Political Body's Project that affects the Railroad is that portion of the right-of-way of the Railroad at Mile Post 169.00, Seattle Subdivision (hereinafter the "Crossing Area") shown outlined in heavy black line on the attached print dated February 11, 1994, marked Exhibit A. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Article I. WORK TO BE PERFORMED BY THE RAILROAD. (a) The Railroad may make any and all changes, alterations or relocations, whether temporary or permanent, and may provide nagging and other protective services and devices, which in the Railroad's judgment may be or become necessary or expedient within the Railroad's right-of-way because of the Project. Such work shall include,without limitation, the installation of automatic warning devices and extension of existing crossing surface as reflected on Exhibit C. Articles of Agreement Page 1 of 3 PHC 880706 811788.PHC Form Approved,AVP-Law (b) The Railroad shall, at its sole cost and expense, maintain, repair, and replace the warning devices installed hereunder; PROVIDED, HOWEVER, that this provision shall not negate the Railroad's eligibility for any further federal, state or local or other public funds that may become available for the maintenance of said devices. (c) The Political Body agrees to pay the Railroad the actual cost of the Railroad's work performed and materials supplied as hereinabove set forth, which is estimated to be Two Hundred Twelve Thousand Five Hundred Sixty-nine Dollars ($212,569.00). Actual costs to the Railroad include customary additives to materials and services provided by the Railroad as shown on Exhibit C, attached hereto and hereby made a part hereof. Article II. IF WORK IS TO BE PERFORMED BY CONTRACTOR If a contractor is to do any of the work performed on the Project (including initial construction and subsequent relocation or substantial maintenance and repair work.), then the Political Body shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Political Body's contractor be allowed onto Railroad's premises without first executing the Contractor's Right of Entry Agreement. Article III. CERTIFICATE OF INSURANCE. (a) Before any work on the Premises begins, the Political Body or its contractor/subcontractor (as defined in Section 5(a) of Exhibit B to this Agreement) will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B-1 of this Agreement in a policy containing the following endorsement: "Union Pacific Railroad is named as additional insured with respect to all liabilities arising out of Insured's performance of the work" (b) The Political Body or its contractor/subcontractor WARRANTS that this agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. Articles of Agreement Page 2 of 3 PHC 880706 811788.PHC Form Approved,AVP-Law Article IV. EFFECTIVE DATE; TERM. This Agreement shall become effective as of the date first herein written, or the date work commences on the Project, whichever is earlier, and shall continue in full force and effect until terminated as herein provided. Article V. AGREEMENT SUPPLEMENTARY. This Agreement is entered into pursuant to the terms of a December 16, 1970, agreement between the parties which obligates the Political Body to bear the cost of railroad signal work necessitated by its highway improvements. This Agreement is supplementary to and does not terminate the December 16, 1970, agreement. Article VI. ADMINISTRATIVE HANDLING CHARGE. The Political Body shall pay the Railroad an administrative handling fee of Five Hundred Dollars ($500.00) upon execution of this agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By ss+stant +ce res+ ent itle: Attest: CITY OF KENT r" By Title:JEPaTy Clry e«RK Its Pursuant to Resolution/Order dated (Seal) N/A , 19 hereto attached. Articles of Agreement Page 3 of 3 L , I i I 1 I I y m ro N O 0 rt N Z t n 7co � � 1 k p xJ OI j<bli o I I M ,C rt y rot 03 ID 4 w m Ry o8 I � l I I I- �'�i�'�' •. it I I'., i 1 '• i3; b' --L� I � �I a � I I - � z I- � r^ � I I �-�I ��• � I 1 1 , � � � z -- � I I �; __- -�_ � -11 j •- �;' 4 < PHC 880301 Form Approved,AVP-Law EXHIBIT B Public Highway Crossing Section 1. CONSTRUCTION OF HIGHWAY. (a) The Political Body,at its own expense,will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. (b) Except as may be otherwise specifically provided herein,the Political Body, at its own expense,will furnish all necessary labor, material and equipment, and shall construct and complete the highway and all appurtenances thereof. The appurtenances shall include,without limitation,all necessary and proper highway warning devices(except those installed by the Railroad within its right-of-way),and all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the highway and the railroad tracks. Upon completion of the Project,the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. (c) Except as may be specifically provided herein,the Railroad shall not be required to pay or contribute any part of the cost of the Project If the Project is to be financed in whole or in part by Federal funds,all construction work by the Political Body shall be performed, and any reimbursement to the Railroad for work it performs shall be made,in accordance with the applicable Federal acts, regulations,and this Agreement. (d) All construction work of the Political Body upon the Railroad's property(including, but not limited to, construction of the highway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Vice President-Engineering Services of the Railroad or his authorized representative and in accordance with detailed plans and specifications prepared by and at the expense of the Political Body, and approved in writing by the Railroad's Vice President-Engineering Services. (e) All construction work of the Political Body shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by the Railroad's Vice President-Engineering Services. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent,and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the Railroad. (0 If the Project includes construction of a structure over which trains are to be operated, or for which the Railroad has any responsibility for maintenance,the Political Body shall furnish the Railroad permanent reproducible prints of all design and shop drawings as soon as possible after approval by the Vice President-Engineering Services of the Railroad or his authorized representative. Upon completion of construction, the Political Body shall furnish the Railroad two sets of "as constructed"prints and, in addition, upon request of the Vice President-Engineering Services of the Railroad,"as constructed" permanent reproducible prints of all or any portion of the structure. Section 2. INJURY AND DAMAGE TO PROPERTY. If the Political Body,in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad,such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Vice President-Engineering Services. EXHIBIT B Page 1 of 5 811788.exb PHC 880301 Form Approved,AVP-Law Section 3. PAYMENT FOR WORK BY THE RAILROAD COMPANY. (a) Bills for work and materials shall be paid by the Political Body promptly upon receipt thereof.The Railroad will submit to the Political Body current bills for flagging and other protective services and devices during progress of the Project. The Railroad will submit final billing for flagging and other protective services within one hundred and twenty(120)days after completion of the Project,provided the Political Body advises the Railroad of the commencement of the 120-day period by giving the Railroad written notification of completion of the Project. (b) The Railroad may contract for the performance of any of its work by other than railroad forces.The Railroad shall notify the Political Body of the contract price within ninety(90)days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis,the Political Body shall reimburse the Railroad for the amount of the contract. Section 4. MAINTENANCE. (a) If the Project involves a grade crossing: The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed,the entire Crossing Area, except the portions between the track be ends,which shall be maintained by and at the expense of the Railroad. (b) If the Project involves a public highway crossing under the Railroad's tracks: (1) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed,the entire substructure of the highway-railroad grade separation structure. (2) The Railroad shall, at its own sole expense, maintain and repair, or cause to be maintained and repaired,the entire superstructure of the highway-railroad grade separation structure. (c) If the Project involves a public highway crossing over the Railroad's tracks,the Political Body shall,at its own sole expense,maintain,repair,and renew,or cause to be maintained, repaired, and renewed,the entire highway-railroad grade separation structure. Section 5. SAFETY MEASURES: PROTECTION OF RAILROAD COMPANY OPERATIONS. It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance;and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: (a) Definitions. All references in this Agreement to the Political Body shall include the Political Body's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of railroad property. (b) Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body,the Political Body's agents and employees,the officers, agents, employees and property of the Railroad and the public in general. The Political Body(without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations,and enactments,shall result in any fine, penalty, cost or charge being assessed,imposed or charged against the Railroad,the Political Body shall reimburse and indemnify the Railroad for any such fine, penalty,cost,or charge,including without limitation attorneys fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad,to defend such action free of cost, charge,or expense to the Railroad. EXHIBIT B Page 2 of 5 811788.exb PHC 8.80301 Form Approved,AVP-Law (c) No Interference or Delays. The Political Body shall not do,suffer or permit anything which will or may obstruct, endanger,interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines,installations or any appurtenances thereof,or the operations of others lawfully occupying or using the Railroad's property or facilities. (d) Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project,the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. (e) Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security,the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. (f) Removal of Debris. The Political Body shall not cause,suffer or permit material or debris to be deposited or cast upon,or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. (g) Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services,which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services,such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof,the"vicinity of the Railroad's property"shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons,or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage,security and use of explosives as the Railroad,in the Railroad's sole discretion, may deem to be necessary,desirable or appropriate. In addition to any conditions, restrictions or limitations as may be specifically imposed: (1) Unless the Railroad's Vice President-Engineering Services agrees otherwise,the Political Body shall provide no less than 48 hours' notice, excluding weekends and holidays, before discharging any explosives. (2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day during daylight hours, and at mutually acceptable times. (3) The Political Body, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary to guard against danger of damage, destruction or interference arising out of or connected with any blasting or any transportation, handling,storage,security or use of explosives. (4) The Political Body shall require explosives to be transported, handled,stored or otherwise secured and used in a manner satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations, including,without limitation,United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U — "Blasting and the Use of Explosives"; and Occupational Safety and Health Administration Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H —"Hazardous Materials". (h) Obstructions to View. Except as otherwise specifically provided herein,the Political Body shall not cause or permit the view along the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures thereon. If public law or regulation requires control or removal of weeds or vegetation on each side of the EXHIBIT B Page 3 of 5 811788.exb PHC 8'80301 Form Approved,AVP-Law Crossing Area,the Political Body will perform such control or removal work without expense to the Railroad or,if the Political Body may not lawfully perform the control or removal work, reimburse the Railroad for the cost of performing such control or removal. If the crossing is not equipped with automatic train activated warning devices with gate arms: (1) The Political Body shall control or remove weeds and vegetation within and on each side of the Crossing Area so that the view of approaching motorists to approaching trains is not obstructed by weeds or vegetation; and (2) Insofar as it may lawfully may do so, the Political Body will not permit non-parties to construct sight obstructing buildings or other permanent structures on property adjacent to the right-of-way. @ Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock,or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities.The Political Body, at its own expense,shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Vice President-Engineering Services to withstand all stresses likely to be encountered,including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. 0) Drainage. The Political Body,at the Political Body's own expense, shall provide and maintain suitable facilities for draining the highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon properly of the Railroad. The Political Body, at the Political Body's own expense,shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed,diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others.The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. (k) Notice. Before commencing any work, the Political Body shall provide 48 hours prior notice (excluding weekends and holidays)to the Railroad's Manager-Track Maintenance. (1) Fiber Optic Cables. Fiber optic cable systems maybe buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad at 1-800-336-9193 (a 24-hour number)to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. Section 6. INTERIM WARNING DEVICES. If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties,that new or improved train activated warning devices should be installed at the Crossing Area,the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. Section 7. OTHER RAILROADS. All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. Section 8. REMEDIES FOR BREACH OR NONUSE. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement,the Railroad,in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations orjeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. EXHIBIT B Page 4 of 5 811788.exb PHC 680301 Form Approved,AVP-Law Section 9. ASSIGNMENT:SUCCESSORS AND ASSIGNS. This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. EXHIBIT B Page 5 of 5 811788.exb PHC/RHE INS 920624 Form Approved, AVP-Law EXHIBIT B-1 Public Road Insurance Requirements The Political Body and/or its Contractor/Subcontractor shall, at its own and/or its Contractor's/Subcontractor's sole cost and expense, procure the following kinds of insurance and promptly pay when due all premiums for that insurance. The Railroad Protective Insurance described in Paragraph D below only needs to be obtained and kept in force during the duration of construction or major reconstruction of the highway located on the Premises. The other insurance coverage described in Paragraphs A, B and C below shall be kept in force by the Political Body during the life of this Agreement. A. General Public Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined single limit of at least$2,000,000 each occurrence or claim and a general aggregate limit of at least$4,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage, a waiver of governmental immunity (ISO Form GL 24 14 or equivalent), severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Political Body's obligation to Railroad in the Agreement. If coverage is purchased on a "claims made" basis it shall provide for at least a three (3) year extended reporting or discovery period,which shall be invoked should insurance covering the time period of this Agreement be cancelled. B. Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and non-owned, mobile equipmentto the extent it may be excluded from general liability insurance, severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Political Body's obligation to Railroad in the Agreement. C. Worker's Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability with a limit of at least $1,000,000. Also compliance with all laws of states which require participation in their state workers' compensation fund. D. Railroad Protective Liability insurance naming Railroad as insured with a combined single limit of$2,000,000 per occurrence with a $6,000,000 aggregate. The policy form shall be AAR-AASHTO with broad form coverage for"Physical Damage to Property" (ISO Form GL 00 30) or as revised ISO-RIMA(Form CG 00 35) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 2831 or equivalent). If the Lloyd's London policy form is used, limits shall be $3,000,000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the original policy period plus one year to the policy expiration date. The Political Body and/or its Contractor(s)/Subcontractor(s) hereby waive their right of subrogation, as respects the above insurance policy(ies),against Railroad for payments made to or on behalf of employees of Political Body or its agents or its Contractor(s)/Subcontractor(s) and for loss of their owned or leased property or property under their care, custody and control while on or near Railroad's right-of-way or other real property. Political Body's and/or its Contractor's/Subcontractor's insurance shall be primary with respect to any insurance carried by Railroad. Political Body and/or its Contractor(s)/Subcontractor(s) shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance company(ies) issuing such policy(ies) shall notify Railroad in writing of any material alteration including any change in the retroactive date in any"claims-made" policies or substantial reduction of aggregate limits, if such limits apply, or cancellation thereof at least thirty(30) days prior thereto. The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better. Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. Exhibit B-1 Page 1 of 1 G ALA W A MP A R T O R M S 10676 N.KJ O taiiMAIE Ut MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD COMPxNY EXHIBIT, "C" FOR THE SIG & SURF S . 212TH ST TNSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS WITH GATES/CANTILEVERS AND VARIOUS CROSSING SURFACE WORK AT : 212TH. ST. , M. P. 169 . 00 . , KENT,WA. SIGNAL PROJECT MANAGER : MIKE L. JOHNSON 8465-8338 T_&CATTON : S . 212TH ST. SERV UNIT : 16 STATE WA DATE . 1994-06-03 DESCRIPTION LABOR MATERIAL TOTAL ---------- --------- ---------- ENGINEERING 3482 EOUIPMENT RENTAL 2202 LARnR ADDITIVE 133 . 09% 43267 MATL STORE EXPENSE 729 PERSONAL EXPENSES 6606 "ALES TAX 3691 SIG. -HWY . CRO W/C 34014 763 716-HWY XNG W/C 34004 28038 i'_-HWY XNG W/C 34007 247 SIGNAL 92292 STATE/LOCAL ----------- ---------- --------- ---------- 75797 105520 181317 13AL1ST 510 UALLAST UNLD W/C 19003 234 LABOR ADDITIVE 133 . 09% 5823 MATL STORE EXPENSE 81 QTM 329 QTM INSTALL W/C 14004 121 nTM UNLD/DIS W/C 14003 7 SALES TAX 414 TP.K-SURF, LIN W/C 17009 2948 WORK TRAIN 400 WT/CS ADDITIVE 289% 1156 ;TIE 912 `:TIES -UNLD W/C 10003 49 XTIES-INSTAL W/C 10004 1018 ----------- ---------- --------- ---------- 11756 2246 14002 CONTRACT - ASPHALT 2100 R.DXING 8644 RDXING W/C 20003 45 RPXING W/C 20004 897 cONTP.ACT 1000 ( ONTRACT - BARRICADE 1000 Q ITRACT - EQUIPMENT ;0 0 0 LABOR ADDITIVE 13 3 . 0?' i 4 3 1 17M LOAD/PIC U 'C , 1400(5 7 "TM PFPLACE % W/C 14005 38 �TIES-LWAD/ P W/C 10006 1 ;;TIES-RENEW/ W/C 10005 87 ---------- ----------- --------- ---------- 2506 14744 17250 TOTAL PROJECT: 90059 122510 212569 I ONIMVbG Ol S103NNC3 I � b ao'• n I CD NN m Q zNaaoo Oo YNZNOp C ~O I IZ W— x n 4� SOU a � i oc U3 Z U I m W Q]U W Wo u u Zw I ^ z =cJ) 1 m � I m —71 a I m _ `a ¢ = I o oia ' R1r/3O[S �qg�b�no 133i115 '++212'S ---.^-- •--eod ---- -----o------ N $Ia�— IQaN � � ~ d 0, -.--Q —W-- ———————————— N ! > I —f � m I ■A'W[S Hire nna ' z 1 z I 0 0 ¢ V Z Zen azu xu O3 I I LLa < LL • m ¢N m O � Z •fin I 6. � � i•-x m Ou,r O O 1 nm N�ww'n 2m0 �Nu � W I m Z YWNSO �W Z = UOm O I K U-W NNv;iNN�^nn i �awwv�i Z ='� mu, ¢ J im W min" u ..-oc<.•+uw- ,n �- _ W ® I I II i I W J � I a II W N I m ! 1 L ON]MdaO 01 S133NNOJ I -J O I t