HomeMy WebLinkAboutPW07-315 - Original - 228th Street Grade Separation Agreement Records Ililaeen
KENT WAaHINo,oN ���° Document'
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office,
Vendor Name: N Raj
Contract Number: (" o(} - '!, f''
This is assigned by Mary Simmons
Vendor Number:
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Project Name: 5 ! U S F Q�rL7
Contract Effective Date:02- a�
Contract Termination Date: I )A Q
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager:
Department:
Abstract:
ADCL7832 07/02
OVERPASS AGREEMENT
DOT No. 085627W
228"Street Overpass
IS 51 MP 15,19
This Agreement ("Agreement"). is executed to be effective as of this day of �'>
200, ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporatioh
("BNSF"),and the CITY OF KENT,apolitical subdivision of the State of Washington("Agency"),
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through the City of Kent, State of
Washington,
WHEREAS, Agency desires to improve the existing 228" Street at-grade crossing by constructing a new
crossing at separated grades to be known as the 228t' Street Overpass and designated as D.O.T. No.
085627W;and
WHEREAS, the existing 228" Street at-grade crossing will be closed and removed upon completion of
construction and the placing in service of said Overpass;
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 228I"Street Overpass (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. During construction of the Structure,
vehicular traffic will be excluded from the use of 228" Street between 2" Avenue and 83rtl Avenue.
Additionally, temporary controls during construction must be in compliance with Section 8A-5, "Traffic
Controls During Construction and Maintenance" of the Uniform Traffic Control Devices Manual, U.S.
Department of Transportation.
ARTICLE 11—BNSF OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF
agrees as follows:
1. 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 SNSF'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;
Form 0105 Rev.06101/05
(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 construction
or use of the Structure.
Prior to commencing any work on BNSF's property or right-of-way, Agency must pay BNSF the
sum of six-thousand, seven-hundred and twenty-four and No/100 Dollars ($6,724) 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) eighteen (18)
months following the Effective Date. The Temporary Construction License and related rights given by
BNSF to Agency in this provision are without warranty of title of any kind, express or implied, and no
covenant of warranty of title will be implied from the use of any word or words herein contained. The
Temporary Construction License is for construction of the Structure only and shall not be used by Agency
for any other 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 fifteen-thousand., six-
hundred and thirteen and No/100 Dollars ($15,613) as compensation for the Easement within thirty (30)
days of issuing a Notice to Proceed pursuant to Article 111, Section 16 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 of flagging services necessary for the safety of BNSF's property and the
operation of its trains during construction of the Project as set forth in further detail on
Exhibit C.attached to this Agreement and made a part hereof;
(d) Furnishing engineering and inspection as required in connection with the construction of the
Project;
(e) Removal of the existing 228" Street at-grade crossing, including removal of the automatic
warning devices, and obliteration of the crossing between the rails and two feet outside
thereof;
Fonn 0105 Rev.06/01/05
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(f) Providing a contract project coordinator, at Agency's expense, to serve as a project
manager for the Project; and
(g) Constructing a temporary construction crossing adjacent to the existing 228`" Street
Crossing.
3. BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost basis,when
BNSF, in its sole discretion,determines it is required by its labor agreements to perform such work with its
own employees working under applicable collective bargaining agreements.
4. Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency of
Agency's contractor in connection with the Project which is reasonably necessary for the immediate
restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be
performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse BNSF for all
such emergency work.
5. BNSF may charge Agency for insurance expenses, including self-insurance expenses, when
such expenses cover the cost of Employer's Liability (including, without limitation, liability under the
Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be
considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for
injury, loss or death to BNSF&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. Said plans together with
copy of calculations, and copy of specifications in English Units, must be submitted electronically in
"PDF'format, 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.
Form 0105 Rev.06/01/05
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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.
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) All necessary grading and paving, including backfill of excavations and restoration of
disturbed vegetation on BNSF's right-of-way;
(c) Provide suitable drainage, both temporary and permanent;
(d) Temporary Installation of K-Rail (Jersey) barriers and chain link fencing between the
tracks and the traveled roadways;
(e) Provide appropriate pedestrian control during construction;
(f) Installation and maintenance of an 8-ft. high fence and/or concrete combination (throw
fence) on the outside barrier of the Structure;
(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 085627W 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. In order to prevent damage to BNSF trains and property,Agency must require its contractor(s)to
notify BNSF's Roadinaster at least thirty (30) calendar days prior to requesting a BNSF flagman in
accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its
contractor(s) to notify BNSF's Manager of Public Projects thirty (30) calendar days prior to commencing
work on BNSF property or near BNSF tracks.
10. Agency or its contractor(s) must submit copy of any plans, electronically in "PDF" format,
(including calculations in English Units) for proposed shoring, falsework or cribbing to be used over,
under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The shoring,
falsework or cribbing used by Agency's contractor shall comply with the BNSF Bridge Requirements set
forth on Exhibit F and all applicable requirements promulgated by state and federal agencies,
departments,commissions and other legislative bodies.
11. 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
Forth 0105 Rev.06101/05
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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 (Rusty Olson at 206-625-6189) and/or 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) Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering
representative (Rusty Olson at 206-625-6189) to stop construction at no cost to the
Agency or BNSF until these items are completed.
(c) In addition to the liability terms contained elsewhere in this Agreement. and subject to
the provisions of Section 4.24.155 of the Revised Code of Washington, 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 causes or in any way or degree contributes 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, the
Contractor, and/or their contractors, 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). This obligation shall not include such claims,
costs or damages,or expenses which may be caused by the sole negligence of
BNSF or its contractors, authorized agents or employees; PROVIDED, that if
the claims or damages are caused by or result form the concurrent negligence
or other acts or omissions of (I) BNSF, its contractors, agents or employees
and (it) Contractor, its subcontractors, agents or employees, this provision
shall be valid and enforceable only to the extent of the negligence of
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 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.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES
ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST BNSF UNDER THE
FEDERAL EMPLOYEE'S LIABILITY ACT INCLUDING CLAIMS FOR STRICT
LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE
INSPECTION ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE,
WHENEVER SO CLAIMED
(d) 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.
12. Agency must incorporate in each prime contract for construction of the Project, or the
specifications therefor (1) the provisions set forth in Article III, Sections 8, 9, 10, 11, and 13: (ii) the
provisions set forth in Article IV, Sections 3,4, 10 and 11; and(III)the provisions set forth in Exhibit C and
Exhibit C-I, attached hereto and by reference made a part hereof,
Form 0105 Rev,O61131/05
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13, Except as otherwise provided below in this Section 13, all construction work performed hereunder
by Agency for the Project will be pursuant to a contract or contracts to be let by Agency, and all such
contracts must Include the following:
(a) All work performed under such contract or contracts within the limits of BNSF's right-of-
way must be performed in a good and workmanlike manner in accordance with plans and
specifications approved by BNSF;
(b) Changes or modifications during construction that affect safety or BNSF operations must
be subject to BNSF's approval;
(0) 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-I, and (it) delivered to and secured
BNSF's approval of the required insurance; and
(d) If it is in Agency's best interest,Agency may direct that the construction of the Project be
done by day labor under the direction and control of Agency, or if at any time, in the
opinion of Agency, the contractor has failed to prosecute with diligence the work specified
in and by the terms of said contract, Agency may terminate its contract with the
contractor and lake control over the work and proceed to complete the same by day labor
or by employing another contractor(s)provided; however, that any contractor(s) replacing
the original contractor(s) must comply with the obligations in favor of BNSF set forth
above and, provided further, that if such construction is performed by day labor, Agency
will, at its expense, procure and maintain on behalf of BNSF the insurance required by
Exhibit C-1.
(a) 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.
(f) The plans and specifications for the Project must be in compliance with the Bridge
Requirements set forth on Exhibit F, attached to this Agreement and incorporated herein.
14. Agency must advise the appropriate BNSF Manager of Public Projects, in writing, of the final
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.
15. 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,
WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR
DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE
PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM
OR RELATED TO(IN WHOLE OR IN PART)(1)THE USE,OCCUPANCY OR PRESENCE OFAGENCY,
ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE
CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE AGENCY, li
ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY
OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR
Form 0105 Rev,06X1l05
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OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS
IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) AGENCY'S BREACH OF THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE II OF
THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE
TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS
AGREEMENT, (VI) AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT-OF-
WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE
BY AGENCY, OR (VII)AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES,
EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY
OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THIS OBLIGATION
SHALL NOT INCLUDE SUCH CLAIMS, COSTS, DAMAGES OR EXPENSES WHICH MAY BE
CAUSED BY THE SOLE NEGLIGENCE OF BNSF OR ITS CONTRACTORS, AGENTS OR
EMPLOYEES; PROVIDED , THAT IF THE CLIAMS OR DAMAGES ARE CAUSED BY OR RESULT
FROM THE CONCURRENT NEGLIGENCE OR OTHER ACTS OR OMISSIONS OF (a) THE BNSF OR
ITS CONTRACTORS, AGENTS OR EMPLOYEES AND (b) THE AGENCY OR ITS CONTRACTORS,
AGENTS OR EMPLOYEES, THIS PROVISION SHALL BE VALID AND ENFORCEABLE ONLY TO
THE EXTENT OF THE NEGLIGENCE OF THE AGENCY OR ITS CONTRACTORS, AGENTS OR
EMPPLOYEES.
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.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS,
SUITS OR JUDGMENTS BROUGHT AGAINST BNSF UNDER THE FEDERAL EMPLOYEE'S
LIABILITY ACT INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE
ACT OR THE LOCOMOTIVE INSPECTION ACT, AND ANY SIMILAR STATE OR FEDERAL
STATUTE,WHENEVER SO CLAIMED
16. Agency must give BNSF's Manager of Public Projects written notice to proceed("Notice to
Proceed")with the railroad work after receipt of necessary funds for the 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.
17, Agency must perform all necessary work to permanently close the at-grade crossing at 228"
Street across BNSF's right-of-way. Agency will retain its right of way for utilities and access for
maintenance.
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 Project's construction schedule
for all Project work. The parties hereto mutually agree that BNSF's failure to complete the railroad work in
accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies
will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Likewise,
Agency's failure to complete Project Work in accordance with the construction schedule on account of
Form 0105 Rev.06/01105
7
II'
unsuitable weather, labor strikes, fire or other casualty beyond the control of Agency will not constitute a
breach of this Agreement by Agency and will not subject Agency to any liability or termination. 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 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: (1) 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), 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:
Mark Madfai
City of Kent
400 West Gowe Street
Kent,WA 98032
253-856-5521
mmadfai@ci.kent.wa.us
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 Mark Madfai for
appropriate corrective action.
6. BNSF will contribute nine hundred seventy one thousand four hundred dollars, $ 971,400, or 5%
of the project total, (hereinafter referred to as "BNSF's Share") towards the total actual costs of the
Project. BNSF's Share will be based on the costs for preliminary engineering, right-of-way and
construction within the following limits;
(a) Where a grade crossing is eliminated by grade separation, the structure and approaches
required to transition to a theoretical highway profile which would have been constructed if
there were no railroad present, for the number of lanes on the existing highway and in
accordance with the current design standards of the appropriate state highway agency; and
(b) Where another facility, such as a highway or waterway, requiring a bridge structure is located
within the limits of a grade separation project, the estimated cost of a theoretical structure
and approaches as described in 23 CFR 646.210(c)(1) to eliminate the railroad-highway
grade crossing without considering the presence of the waterway or other highway.
Form 0105 Rev.06/01/05
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Additionally, local, state and federal funds will be used in the construction of the Project. The total actual
cost of construction for the Project is presently estimated to be $19,500,000, more particularly described
(together with BNSF's Share)on Exhibit G attached hereto and incorporated herein.
7. Pursuant to this section and Article II, Section 6 herein, Agency must, reimburse BNSF in full for
the actual costs of all work performed by BNSF under this Agreement, less BNSF's Share as set forth in
Article IV, Section 6 herein. BNSF's Share must be paid upon completion of the Project.
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 IL 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 vrork, during this time, 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 BNSF's file number and D.O.T.
Crossing No.0856327W and must state the time that construction activities will begin.
11. In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not
limited to, the terms and conditions stated in Exhibit F, BNSF and Agency agree to the following terms
upon completion of construction of the Project:
(a) Agency will own and maintain, at its sole cost and expense, the Structure, the highway
approaches, and appurtenances thereto, lighting, drainage and any access roadways to
BNSF gates installed pursuant to this Agreement. BNSF may, at its option, perform
maintenance on the Structure in order to avoid conflicts with train operations. BNSF will
notify Agency prior to performing any such maintenance on the Structure. In the event
such maintenance involves emergency repairs, BNSF will notify Agency at its earliest
opportunity. Agency must fully reimburse BNSF for the costs of maintenance performed
by BNSF pursuant to this subsection(b).
(b) Agency must, at Agency's sole cost and expense, keep the Structure painted and free
from graffiti except during the forth quarter of each calendar year or during other periods
when Agency's ability to perform maintenance is suspended by BNSF.
(c) 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.
(d) 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.
(e) 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.
(f) Agency must keep the Structure and surrounding areas clean and free from birds,
pigeons,scavengers, vermin,creatures and other animals.
Forth 0105 Rev.06/01/05
9
(g) 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 fill) any maintenance or
other work outside the limits of the deck of the Structure vertically above the top of the
rail,then Agency or its contractors and/or agents must procure and maintain the following
insurance coverage:
Railroad Protective Liability insurance naming only the Railroad as the Insured with
coverage of at least 55,000,000 per occurrence and S'10,000,000 in the aggregate. The
policy Must be issued on a standard ISO fomn('G 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 Pndorsement.
♦ Endorsed to remove any exclusion for punitive damages.
♦ No other cudusements restricting coverage mav be added.
♦ The original policy must be provided to the Railroad prior to performing any work
or setv iccs under this Agreement
As used in this paragraph, "Railroad" means `Burlington Northern Santa Fe
Corporation","BNSF RAILWAY COMPANY"and Ore subsidiaries,successors,assigns
and affiliates of each.
In lieu of providing a Railroad Protective Liability Policy, Agency may participate h1
BNSP's Blanket Railroad Protective Liabilin,Insurance Policy it available to Agency or
its contractors. The limits of coverage are the same as above.
12. Agency hereby grants to BNSF, at no cost or expense to BNSF, a permanent right of access from
Agency property to BNSF tracks for maintenance purposes.
13, Agency must provide one set of as built plans, electronically in "PDF" format, (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
maintenance purposes. 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: (1)
the right to raise or lower the grade or change the alignment of its tracks, (if) 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
Fonn 0105 Rev.06/01105
10
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 one (1) year
from the date of the 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 24 months of the Effective
Date,this Agreement will become null and void, subject to the provisions of section 3, herein.
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. Jurisdiction and venue with regard to this Agreement shall be in the Superior Court in and for
King County, Washington and this Agreement shall be subject to and construed in accord with the Laws
of the State of Washington and the Kent City Code. 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's Manager of Public Projects
2454 Occidental Ave South#1-A
Seattle,WA 98134
Agency: Mark Madfai
City of Kent
400 West Gowe Street
Kent,WA 98032
Fen 0105 Rev.06/O1/05
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.-C-M �NY
MAP Printed one.
Title:
AGENCY
CITY OF KENT --- :o
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Form 0105 Rev.06/01/05
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Exhibit C
CONTRACTOR REQUIREMENTS
1.01 General
• 1.01.01 The Contractor must cooperate with RNSF RAILWAY COMPANY, hereinafter referred to as
"Raihvav" where work is over or under on or adjacent to Raihvay properh• and/or right-of-eav, hereafter
referred to as"Raihvav Property".during the construction of the 228'"Street Overpass.
1,01.02 The Contractor must execute and deliver to dre Raihvay 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 insivance called for under Section 3 of said Exhihit'Y'-1". Questions regarding procurement of the
Railroad Prolective Liability Insurance should be directed to Rosa Martinez at Marsh,USA,214-301-8519,
1.01.03 1lie Contractor must plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains nn Railway Property.
• 1.01.04 The Contractor's right to enter Railways Property is subject to the absolute right of Railway to cause
the Contractor's work on Raihvay's Properly to cease if,in the opinion of Railway,Contractor's activities create
a hazard to Railway's Property,employees,and/or operations.
• 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local
Governmental laws and regulations,including,but our 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 safely laws and
regulations. Flic Contractor hereby indenmifies,defends and holds hamiless Railway for,from and against all
fines or penalties imposed or assessed by Federal. State and Local Govermnental Agencies against the Railway
which arise out of Contractor's work under this Agreement.
• 1.01.06 The Contractor must notify the City of Kent at 253-856-5521 and Railway's Manager Public Projects,
telephone number(206)625-6029 at least thirty(30) calendar days before commencing any work oil Railway
Property, Contractor's notification to Railway must refer to Railroad's file 085627W.
• 1.01.07 For any ralsework above any tracks or any excavations located, whichever is greater, within
hventy-five (25) feet or the nearest track or intersecting a slope from the plane of the top of rail on a 1 Y
horizontal to I vertical slope beginning at eleven (I1)feet from centerline of[lie nearest track,both measured
perpendicular to center line of track, the Contractor must Famish the Railway five sets of working drawings
showing details of constmction affecting Railway Property and tracks. The working drawing must include the
proposed method of installatiou and removal or falsework, shoring or cribbing, not included in the contract
plans and two sets of structural calculations of any,falsework shoring or cribbing. All calculations most take
into consideration milway surcharge loading and must be designed to meet American Railway Engineering and
Maintenance-of-Way Association(previously known as American Railway Engineering Association)Coopets
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 Railways trains,Raihvay will cooperate with the Contractor such that the
work may be handled and performed N an efficient manner.The Contractor will have no claim whatsoever for
any type of damages or for extra or additional cwnpensation in the event his work is delayed by the Railway.
1.02 Contractor Safety Orientation
Form 0105 Rev, 06101/05 ',
• 1.02.01 No entplo)'cc of the Contractor,its subcontractors,agents or invitees ❑nay enter Railway Property
without first having completed Railwny's Engineering Contractor Safety Orientation, found on the web
site wwra'.cmmacfmaientatlon.com. The Contractor must ensure that each of its employees,
subcottractos, agents or invitees completes Rafheay's Engineering Contractor Safety Orientation
through inreruel sessions before any work is performed on the Project. Additionally, the Contractor
most ensure that each and every line of its employees,subcontractors,agents or invitees possesses a card
certifying completion of the Railway Contractor Safety Orientation before entering Raihvay Property. - -^ -
The Contractor is responsible fur the cost of the Railw;q Contractor Safety Orientation. The Contractor
most renew the Raf vay Contractor Safety Orientation annually. Further clarification can be found on
the web site or front the Railway's Representative.
1.03 Railway Requirements
• 1.03.01 The Contractor must take protcctiac measures as arc necessan to I:cep railway facilities. including
track ballast,free of sand, debris. mid other foreign objects mud materials resultine from his operations. Any
damage to railwav facilities resulting It 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 noLffv the Railway's Division Superintendent Darryl Ness at(206)625-3719 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' Horizontaliv from centcrlme of nearest track
• 21--6" Vertieallyabovetop ofrail
• 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 camping 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 nice than 20,000 volts
• 1.03.04 Upon completion of construction,the following clearances shall be maintained:
25' Ilorizontally front centerline of nearest track
23'-3'A" Vertically above top of rail
• 1.03.05 Any nnfrungeutent within State statutory clearances due to the Contractor's operations must be
submitted to the Railway and to the City of Kent and must not be undertaken until approved in writing by the
Railway, and until the Ciry of Kent 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 Regrilmory Authority's approval.
• 1,03,06 In the case of impaired vertical clearance above top rifled,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-talcs or protective devices will be borne by the Agency.
• 1,03.07 The details of construction affecting the Railway's Property and tracks not included in the contract
plans must be submitted to the Railway by City of Pent for approval before work is undertaken and this work
must not be undertaken until approved by the Railway.
• 1.03.08 At other that public road crossings,the Contractor must not move any equipment o materials across
Railways tracks until permission has been obtained from fire Railway. The Contractor must obtain a
"Temporary Private 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 wdnen not required for use by
the Contractor."fie tennporar} crossing for use of the Contractor will bent the expense of the Contractor.
Form 0105 Rev. 06l01105
1.03.09 Discharge. release or spill on the Rai]wap Propertv° of any hazardous substances. oil. petroleum.
constituents, pollutants.contaminants.or any hazardous waste is prohibited and Contractor]tout immediate]v
notify the Railway's Resource Operations Center at ](800) 532-5452. of any discharge, release or spills or
excess of a reportable quantity. Contractor most not allow Railway Property to become a treatment,storage or
transfer facility as those temps are defined in the Resource Conservation and Reeovery Act or an_v state
analogue.
0 1.03 10 The Contractor upon completion of the stork covered by this Contract.must prompth remove from
the Raibi ay's Property all of Contractor's tools, equipment,implements and other materials. whether brought
upon said propertv by said Contractor- or an, Subcontractor, cinploycc or agent of Contractor or of aav
Subcontractor, and must cause Railways Property to be left in a condition acceptable to the Railways
representative.
1.04 Contractor Roadway Worker on Tracic Safety Program and Safety Action Plan
1.04.01 Ench Connaclni that will perform work wilhin 25 feet of the centerline of n Irnek must develop and
implement a Roadway Worker Protection/On Trick Safety Program and work with Railway Project
Reprecntative to develop au on tuck safety strategy as described in the guidelines listed in the an track safety,
portion ofthe Safet} Orientation. This Program must provide Roadway Wodcer proroction/on nack training for
all employees of the Conbactoa,its subcontractors, agents m invitaes. This training is reinforced at the job site
through job safety briefings.Additionally,each Contractor must develop and hnplement to Safety Action Plan,
as provided for on the web site wtaw.cmrtractmolcnta[imr.cont, which will be made available to Railway
prior to commencement of any work on Raihvay 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 Datashects(MSDS),at file job site.
1.05 Protection of Railway Facilities and Railway Flagger Services:
• 1.05.01 The Contractor must give Railways Roadmaster Wayne Lomngrem (telephone 253-591-2563) 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 [lagger's position). If fagging services are
scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such
service,are no longer necessary,the Contractor must give the Roadmaster five(5)working days advance notice
sn that appropriate arrangements can he mude to abolish the position pursuant to union requirements.
1.05.02 Dn]ess determined otherwise by Railways Project Representative, Railway Nagger and protective
services and devices will be required and famished when Contractor's work activities are located aver, 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 Hack conter]ine 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 mid facilities.
• 1.05.02b When any excavation is performed below the bottom of lie elevation, if, in the opinion of Railways
representative,track or other Railway facilities may be subject to movement or settlement.
• 1.05.02e When work in ally 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 hem v or cumbersome objects
or equipment which might result in making the track impassable,
Form 0105 Rev. 06/01105
• 1.05.03 Flagging smviccs will he performed by qualified Railway tla,g_cers.
• 1.05.031 Flagging crew generally consists of one emplo)'cc. However.additional personnel may be required to
Protect Railwm'Propert} and operations.if deemed necessary by the Raihvays Representative.
-
• 1.05.03b Each time a flagger is called the minimum period for bilIine will be the eight(8)hour basic day,
e 1.05.03c The cost of tlaggcr services provided by the Railvay. Mhcn deemed necessary by the Railwav's
representative.will be home by the City of Bent.The estimated cost for one(1)flogger is$806.00 for an eight
(8)hour basic duv with time and one-half or double lime 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 x+eifiare benefits, trunspnrtation nrgals,:lodging and
supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by
appropriate Federal authorities ma}•increase achal or estimated flagging rates.the flagging rate in effect at the
time of pedbnnance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant
to this paragraph.
• 1.05.03d The average train tfaffic on this route is 29 freight trains per 24-hoe' period at a timetable speed 40
MPI I and 22 passenger trains at a timetable speed of 40 MPI I-
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(line 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 Properly, a (borough 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,thejob briefing must include the Railway's flogger,as applicable,
and include the procedures the Contractor will use to protect its employees, subcontractors, agents or
invitees from moving any equipment adjacent to or across any Railway track(s).
• 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety
strategy approved by the Railway's Project Representative. When authority is provided, every
contractor employee must know: (1) who the Railway nagger 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 dagger 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 he present at all times.
• 1.06.05 Ally employees, agents or invitees of Contractor or its subcontractors under suspicion of being trader
the influence of drugs or alcohol,or in the possession of same,will be removed front the Railway's Property and
subsequently released to the custody of a representative of Contractor management. Future access to the
Railway's Properly by that employee will be denied.
e 1.06.06 Any damage to Raihvay Property, or any hazard noticed on passing trains must he reported
immediately to the Raihvay's representative in charge of the project. rllny 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 Railwuy's Resource
Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained fren the Railway
representative is charge of the project prior to the start of any work and must be posted at thejob site.
Form 0105 Rey. 06/01/05
• 1.06.07 For safety reasons. all persons are prohibited from having pocket knives. firearms or other deadly
wcapms in their possession while working on Railways Propem.
• 1.06.118 All personnel protective equipment(PPE)used on Railway Property must meet applicable OSHA and
ANSI SirMficatlans. CrnTent Railway personnel protective equipment requirements are listed on the web site-
www.con it,act amIentohouixom, however, a partial list of the requirements include: a) safet) glasses with
permanently affixed side shields (no yellow louses); b) hard hots c) safety, shoe with: hardened toes,
above-the-ankle lace-up and a totaled lice): and d) high visibility reho-retlectiyc work weir. The Railroad's
represcnlalive in charge orthe project is to be contacted regarding local specifications for meeting rcqubemcuts
relating to hi-visability work wear. Hearing protection,fall protection,gloves,and respirators must be wont as
required by State and Federal regulations.(NOTE—Should there be a discrepnucv between the information
contained on the web site and the information in this paragraph,the web site will govern.)
1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY \LATERIALS,MACHINERY OR
EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST' RAILWAY
TRACK. NIATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT
WITHIN 250 FEET OF ANY IIIGHWAY/RAIL AT-GRADE CROSSINGS, WHERE STORAGE OF
THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING.PRIOR
TO BEGINNING 1YORK. THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH
CONCURRENCE OF ]HE RAILROAD'S REPRESENTATIVE.
1,06.10 Machines or vehicles must not be loft 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 all) 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 lane 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 fat;350 to 500 KV-25 feet;500
to 750 KV-35 feet;and 750 to 1000 KV-45 feet. if capacity of the Ihu 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 me present mid located within the Project work area. The
Contractor must determine whether excavation on Railways Property could cause damage to buried cables
resulting in delay to Raihwmy traffic and disruption of service to users. Delays and disruptions to service may
cause business interruptions involving loss of revenue mid profits. Before commencing excavation, the
Contractor must contact BNSF's Field Engineering Representative Rusty Olson at 206-625-6199 All
underground and overhead wires will be considered IIIGII VOLTAGE mid dangerous until verified with the
company having ownership of the line. It is the Contractor's responsibility to potify any inner 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 obstnmtions 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.
Form 0105 Rev. 06/01/05
• 1.07.03 All excavations must be conducted in compliance kith applicable OSHA re_Qulations and.regard leas of
depth,must be shored where there is any danget to tracts.structures or persmmet.
• 1.07.04 Any excavations, holes or trenches on the Railway's Propem, 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
he secured and left in a condition that will costae that Railway employees and other persooncl oho may be
working or passing through One 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 Nvasle, hazardous substance, petroleum or other deleterious
material,including but not limited to any non-containerized coounodiq or material,on or adjacent to Railways
Propery=, in or near any surface water. swamp, wetlands or rvatcrnvays, while performing any work under this
Agreement, Contactor must immediate]): (a) notify the Railway's Resource Operations Center at I(800)
832-5,152, 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 inamediately(by phone
mail if unable to contact in person)to the Rmhvay's representative in charge of tire project. The Aron-Ennployce
Personal Injury Data Collection Form contained herein is to be completed and sent by Pax to One Rahway at
1(817)352-7595 and to the Railway'a Project Representative no later than the close of shift on the date of the
injury.
Form 0105 Rev. 06101M5
NON-EMPLOYEE PERSONAL rN.JI'RV DATA COLLECTION
INFORMAT ION REQlJIRED TO BF COLLECTED PLJRSUA'J'P'101;LDERAL REGULATION IT SHOULD
BE USED FOR COMPLIANCE WITH FEDERAL.RECULAIIONS ONLY AND IS NOT INTENDED TO
PRF.SI1S4F ACCEPTANCL OF RESPONSIBILITY OR 1.IARII,ITN
I. Accident Cuy:St 2. Date:___..._ 'Time:
County: _ 3. Temperature 4. Weather
(if iheaynon-Ra location)
5, Social Sccuritt-'
6. Name(last,first,mi)
T Address: Street Cite SI. Zip:
8. D-ate of Birth: and%orAge Gender:
(ifavaila6le)
9. (a) Injury. ___._....__.._ (h)Bady Part:
(ie.(a)Laceration(6)Hand)
II, Description ofAccident(I a include location,action,result,etc.).
12, TreatlnenE
L First Aid Only
Required Medical Treatment
Other Medical l reatmenl
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
RAIIAVAV AT(817)352-7595
AND COPY TO
RAILWAY ROADMASTRR FAX
Form 0105 Rev. 06/01/05
4
OVERPASS EXHIBIT "C-1"
Agreement
Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
BNSF RAILAVAY COMPANY
Attention:Manager Public Projects
Railway File: 085627W
Agency Project:
Gentlemen:
The undersigned(hereinafter called, the"Contractor', has entered into a contract (the'Contract') dated
2007. the City of Kent for the performance of certain work in connection with the following
project: Overpass. 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 conuncnced within Railway Property until the Contractor employed in correction with said work
for the City of Kent (i) executes mud delivers to Railway an Agreement in die fort hereof, and (it) 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 Raihvay certifying that the s-ignatory 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 RaBway as follows:
Section 1, RELEASE OF LIABILITY AND INDEMNITY
To the extent permitted by the Laws of the State of Washington, Contractor hereby waives, releases,
indemnifies, defends and holds limitless Railway for all judgments, awards, claims, demands, and expenses
(including attorneys' fees), for hnjury or death to all persons, including Railways and Contractor's officers, agents
and employees, and for loss tied damage to property belonging to any person, musing in any manner from
Contractor's or au} of Contractor's subcontractors', agents' or employees' acts or omissions or any work performed
on or about Railway's property or right-of-way. This obligation shall not include such claims,costs,damages,or
expenses which may be caused by the sole negligence of Railway or its contractors, 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) the BNSF, its contractors, agents or employees and (b) Contractor, its subcontractors,
agents or employers,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 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.
THE INDEMNIFICATION OBLIGATION' ASSUMED BY CONTRACTOR INCLUDES .ANY
CLAINIS, SUITS OR .JUDGMENTS BROUGHT AGAINST RAHAVAY UNDER THE FEDERAL.
Farm 0105 Rev, W01I05
EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE
SAFETI APPLIANCE ACTOR THE LOCOMOTIVE INSPECTION ACT,NVIIENEVER SO CLAIMED.
Contractor further agrees,at its expense,in the name and on behalf of Raihvav,that it will adjust and settle
all claims made against Railway,and will.at Railwav'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 m growing out of or in any nharmer
connected will any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to
he liable. Raihvav 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 sunmhons and complaint or other process in connection therewith to
Contractor,and Contractor,at Raihvm's discretion,must defend,adjust,or settle such suits and protect, indenmify,
and save harmless Railway from and against all damages,judgments, decrees, auornev's fees, costs, and expenses
growing out of or resulting from or incident to any such claims of suits.
It is mulualh, understood and agreed that the assumption of liabilities and indenmification provided for in
this Agreement survive any termination of this Agreement.
Section 1.TERM
This Agreement is effective from The date of the Contract until (i)the completion of the project set forth
hcrcin, and (if) fill 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 must contain broad form contractual
liability with a combined single limit of a minimum of$5,000.000 each occurrence and an aggregate limit
of at least$10,000,000, 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 Properry Damage
♦ Personal Injury and Advertising Injury
♦ Fire legal liability
♦ Products and completed operations
This policy must also contain the following endorsements, which must be indicated on the cenificate of
insurance:
♦ It is agreed that any workers' compensation exclusion does not apply to Railroad payments
related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or
similar programs and any payments made are deemed not to be either payments made or
obligations assaulted under any Workers Compensation, disability benefits,or unemployment
compensation law or similar law.
o The definition of insured contract must be amended to remove any exclusion or other
limitation for any work being done within SO feet of raih'oad property.
o Any exclusions related to the explosion,collapse and underground hazards must be removed.
No other endorsements limiting coverage as respects obligations under this Agreement may be
included on the policy.
B. Business Automobile Insurance. This insurance must contain a combined single limit of
at(east$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
Form 0105 Rev, 0GJOI105
C. Worker Compensation and Employers Liability insumncc including coverage for.but not limited to:
♦ Waslringtons's statutory liability Trader the workers compensation laws of the state(s) in
which the work is to be performed, If optional under State law,the insurance must cover all
emplo3 ces all
e ennployels Liability (Part B) with limits of at (cast $500.00n each accident, $5OO,000 by
disease policy limit,$i00,000 by disease each employee.
D. Railroad Protective Liability insurance naming only die Railroad as the Insured mah coverage of at
least $5,000,000 per occurrence and $10.000,000 in the aggregate. The policy Must be issued on a
standard ISO form CG 00 35 10 93 and include the following:
0 Endorsed to include the Pollution Exclusion Amendment(ISO form CC 23 31 10 03)
4 Endorsed to include the limited Seepage and Pollution endorsement.
♦ Endorsed to remove any exclusion for punitive damages.
0 No other endorsements restricting coverage may be added.
o The original policy must be provided to the Railroad prior to performing any work or saaices
under this Agreement
In lieu of providing a Railroad Protective Liability Policy,Contractor man participate in BNSP's
Blanket Railroad Protective Liability Insurance,if available. The limits of coverage:are the same
as above.
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 night 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's insurance policies throng]) policy endorsement, must include wording which states that the
policy is primary and von-contributing with respect to any insurance carried by Railroad. The certificate of
insurance must reflect that the above wording is included in evidenced policies.
All poliey(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective)
must include a severability of interest endorsement and Railroad must be named as an additional insured with
respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured
must be indicated on the certificate of insurance,
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 Unit 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 firnush to Railroad an acceptable certificate(s) of
Insurance including an original signature of the authorized representative evidencing the required coverage,
endorsements,and amendments and referencing the contract auditffoldennrmber if available. The policy(ies)must
contain a provision that obligates the insurance compaayfes)issuing such policy(ics)to notify Railroad in writing
at (east 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 he furnished. Contractor should send tine certificate(s)to the following address:
BNSF RISK MANAGEMENT
Form 0105 Rev. 06/01105
2500 Lou Menk Drive AOB-I
Fort Worth.TX 76131-2828
Fax 817-352-7207
Anv insurance policy must be written b_v a reputable insurance company acceptable to Railroad or with a
current Bests Guide Rating of A-and Class YII or better. and authorized to do business in the stata(s)in which the
service is to be Ill ovide.
Contractor represents that this Agreement has been thoroughly reviewed by contractor's insurance
agenl(s)ibroker(s), who have been instructed by contractor to procure the insurance coverage required by this
Agreement Allocated Loss Expense must be iu addition to all pulley 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 mnd0lwTitng practices in the insurance
industry.
If any portion of the operation is to be subcontracted by contractor, contractor must requite that the
subcontractor provide and maintain the insurance coverages set Curti herein, naming Railroad as an additional
insured, and requiring that the subcontractor release. defend and indemnity Railroad to the same 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 cmtille,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 contractors obligations hereunder.
Tile fact that insurance(including,without limitation,self-insurance)is obtained by contractor will not be
deemed to release or dimmish the liability of contractor including,without limitation,liability under the indemmity
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 uncans "Burlington Northern Santa Fe Corporation", "BNSF
RAILWAY COMPANY"and the subsidiaries,successors,assigns and affiliates of each.
Scemun 4, FSHIRIT"C"CONTRACTOR REQUIREMENTS
The Contractor mast observe and comply with the provisions, obligations, requirements and limitations
contained in the Contract and to 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 tare 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 filly 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,efiether caused by Contractor,or subcontractors,or by the Railway performing work under this Agreement.
Railway agrees that it will not perform any act to unnecessarily cause train delay.
For loss of use of equipment. Contractor will be billed the current freight gain from rate per train as
determined from Raihva)''s records. Any disruption to [rain traffic may cause delays to multiple twins at the same
tinge for the same period.
Additionally,the parties acknowledge that passenger,U.S, mail trains and certain other grant, hrternnodal,
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 conmitnerns. Railway may suffer loss of perfomnance
Form 0105 Rev. 06/01/05
r-
or incentive paw and/or be subject to permit),paymerus. Contractor is responsible for anv vain performance and
incentive penalties or other communal economic losses actuall} 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 for certain trains may be as high as$50,000.00 per incident.
Contractor and its subcontractors must give Railway's representative (four)d weeks advance notice
of the times and dates for proposed work windows. Itailway and Contractor will establish mutually
agreeable work windows lot the project. Railway has the right at any time to revise or change the wo'k
windows one 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 form 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 retuning to the Railway hvo original copies of this
letter,which,upon execution by Railway,will constitute as Agreement belveen us.
(Contractor) RNSF Rail"a,) Company
By: Bv:
Printed Name: Name:
Title: Manager Public Projects
Contact Person: Accepted and effective this ,2007.
Address
City: State:_'Z.ip:_
Fax:
Phone:
E-mail:
Form 0105 Rev. 06101I05
Exhibit D —Crossing surface and Flagging Estimate
N-IANTAIN PROPRICTAR, CONFaENTLALIT)
I'HPM ESTIMATE FnR
CITY OF KFNT
LOCATION IAMESST DFFfAILS OF ESTIMATE PLANI'IEM: 0001330S4 VERSION I
PURPOSE,JUSTIFICATION AND DESCRIPTION
DESCRIP'I ION OF PROJECT AS PROVIDED BY PRO,IP.CI ENGINEER DTD
INSTALL PROTECTIVE PLANKING IN SUPPORT OF OP CONSTRUCTION.
720 DAYS FLAGGING-INSPFC'HON ONCE A WEEK FOR LENGTH OF PROJECT
BF-LNG FOR THIS PROJECT SHOULD BE DIRECTED TO:
CITY OF KEKP,WA
MAINTAIN PROM IFTARY CONF1DEN-I IALITY
THE PHYSICAL LIMITS OF THIS PROJECT AR-.DESCRIBED BYLINE SEGME N'1.MILE POST RANGES,AND IN SOME CASES TRACK
NUMBER.THIS IS'I'HE PRIMARY AREA FOR THE PROJECT,TIIERF WILL BE CASES WHERE WORT:MAY OCCUR BEYOND THE DEFINED
LIMITS,
PROJECTS THAT INCLUDE SIGNAL,ISLFCTRICAL,OR TELECOM\4 UNICATION EQUIPMENT MAY RJ;QUIRE ACTIVITY BEYOND THESE
DEFINED I RACK 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'I HE ESTIMATE 15 SUBIECT TO CHAN(iM IN COST FOR LABOR,MATERIAL,AND
OVERHEAD.
DESCRIPTION QUANTITY U/M COST TOTALS
LABOR
FLAGGING-PUBLIC CROSSING-OPER 2200.0 MH 46,005
LABOR-PRO'CECTION/LNSPECI'ION 320.0 MH 10,234
REPLACE PUBLIC CROSSING-SURFACEONLY 24.0 MH 516
REPLACE PUBLIC CROSSING-SURFACE ONLY 120.0 MH 2,323
PAYROLL ASSOCIATED COSTS 43,267
EQUIPMENT EXPENSES 31,600
DA LABOR OVERHEADS 59.265
INSURANCE EXPENSES 9,302
'TOTAL LABOR COST 202,512 202,512
SIX I'ERFAL
WOODe129-136 OS FT TOT 2-PC PIN L,8X 16.75XS FOR TV' 15(1.11 F f 9,294
,MATERIAL HANDLING 464
I1SE TAX 719
OFFL^NE TRANSPORTATION 116
TO T AL M ATF-RIAE('.0111 10,643 N,643
OTHER
LEASED EQUIPMENT 1.0 LS 6,000
'TO'I AL OTHER ITEn9S COST 6.001) 6,000
PROJECT SU BTU I'AL 2L9,I v
CO-NTLN'GEAC1 ES 2,6 13
BILL PREPARATION FEE :,109
GROSS PROJECT COST _22,883
LESS COST PAID M BNSF 0
TOTAL BLLLABLF COST '21 CS2
Exhibit D - Crossing Signal Estimate
-------------------------------------------------------------------------------------
1 TTO-SIT: F__"RIE=Y C F LELdTIAL-T'1 ...'.
_______ ______________________________________________________________ ____ _ ________________________..____..
TF. F. F. FP,TTd*_'f •.�I.gpny-!
----------------------------------------------------------------------------------------------
-0C J10a.- 1I1 ES ST DET _ ',- - -T^F_F_ TW TTF" Oil"S6:' ^p-E101K L
L_
1TL-t.S II EPAS, °-F'. I N IFET, T. I.t. TPPIF.ST DiTL,
I �.. SULL. I/_ '0-1, L1,-. 15.12, DOT a
MOITTEiLY FJ::E-< GTILI-1 COS" C3GI'L : G15O4
Tr_ I E�1_'i. L ST 'EFL" S '1I EL Es E 1.E 2AC1 USFD FOR F.,T`KITTI ' PURPO,F
ONLY I.
TC _J RE . 1EC'TLE SO CHANGE AE'TER 1HE EH9RdEE'R [ F30CFSS, :FTATTFI TN] ACCURTT-
hi�sR1ell, L,61S 4li L- BE eJAN1SHED ]HEI ENGIVEERIIgG -S COIL F.TF.D.
CONT1NUillG C01'1'IL CPS HA. B ,H ESTAALISHE-) FC3 0'T Cl,; OF TSIT,- HOR3 ON THE BM P
RAILROAD.
T `S ES'TIEA_'I"_' IS GOOD FOR 93 DAYS. TFEREAFTER THE ES-TI47%TF T, SORJFCT TO C3ANGE. !N COF.T
FOR LABOR, MATERIAL, ANll C'J`SKIIEP.D.
...---........—......... SIGNAL WORK ONE .......
THE STATE OP WASHINGTON IS FOFDING APPROXILIATELY 964 WIT], NICE TND_lG 2 EVEOXIIIA.T ELY 5% OF
THIS PROJECT.
ITIA-STAIN PRCPRIGTARY CONFIDENTIALITY.
LESCRIFTION QUANTITY Ulu COST '1'0'1'A. $
. . . .._..._ .____ _._..---- ----- ------ ----------- ----------
LADCB
SIGNA. FIE-D LP.EOR - CAP 28C.CO MH 6,110
PAYRO-T, ASSOCTAED COSTS 4,9%
FQOTPhNT EXPENSES 1,61S
EA L.,ROR OTR3FACS 6,129
TV,LRANCF. EXPENSES 96'_
TOTAL -AROR COST 19,29C 19,29C
HATFRTItE
----------- --
TOTAL MATF_RIAT. COST 0 C
OTHFF
TOTAL, OTTER ITENS COST C
_____",
PR0U3C1' SUB'TO'EAE "D
CDV'1'tttC-ELICLES 1,+23
B-LL PREPAIL4 ON tEL -ST
GROSS L'ROJEC'T :;UST 21,C$
LESS CUSP LAl1 BY BNSE C
-CTAL BLLL.;3LE CO5'1' 21,C?.6
Exhibit D - Detector Estimate
-----------------------------------------------------------------------------------------------------------------------
N-Alp1 3NOPRiE1'AM CONEIDELR'I--i`fY ""'
_---___..------____________________________________________ _____ ______________________________________________________
S. L. R'.1 L, '011.. ._
CHPM E'STL+ATE FOR
v:ASH R(CTOE
-------------------------------------------------------------------------------------------------------------------------
LC-ATION:- LAIMES S_ DETAILS OF EST 11R^.E 1L , T:E" I -.�72�v E35-JN _
PIJRPO C, J STIP-CAT-ON AND CESCELITION
MONITLLY F01,7ER ❑TILL-1' COS_ CENTER : 61504
_W), _X RENT RELOCA-C DETECTOR FOR OVERFASS AT 225T11 S. -B CENT, 'l-.. G0RT::1:CST D=V.,
.,..A.-L., SJDD-V., L/S UO�i, M.P. 15.19, COT B J8562'dW
/11 att-.v/. -T EE cod REFLECTS T✓ IC,L z3PRE -NTI E eF.r_tiy,, ; _;;FD F i -u5g.
nBj,.
COdT 1 JIV- CONTRACTS JUD'E BEEN CSTIDLISIIED FOR F FT-0N5 0- I H-.L WOIK ON TtIF 3E::9
RAILROAD.
TETY CAN DE EXFNCTED TO CILANGE AFTER THE ENGINEERING PROCESS, DE'PAI_nJ I_ED dCCIC_'1'E
Y=RIAL LIS-S WILL DE EJRN-SIZED NLEF ENGINEERI`1G IS COYPLETEC.
TIIIS GSTIYATE IS GOOD FOR 90 DAYS. TEEREAFTER THE ESTIMATE IS SJ3JEC'1' TQ ULkBGE 1N COST
FOR LABOR, EATE.,IA-, AND OVERHEAD.
r.I 1 N,k-„+/r .x..+aI:I ..=w STCNAi WC,3K MT •-...-,._ +........ . .........
TH STATF OF IQAS3➢PCTON TS FUNUTNC nPPROXTMATBLY 95% WITH BNSC FUNDING AFPROXIRIA^ELY 5"c DP
TETS PROS-,('.T.
NUN_ATE P3OPRTLTARY CO6'F-UFIC TAi.=T'i.
C SCRTPTTON QUMI-T-Y U,/M COST TOTAL $
_______________ _ ___ ____________
T T30R
STCN AT�y FTnMU TABni - CT.P 280.01) YH 6,11C
PA.YROTT, ASSOCTRT3D COSTS 4,41L
3QUIPHE R- FRPERSTS ,615
DA _ACOR 04FRHFADS 6,129
INSURANCE ERL'ENSS 962
-'UTAL LABOR COST 19,,e, -9,290
A DA'IER1U_4A
CAB�L'.x... _.00 EA N ;nQ
COttUJi' 1.00 _S N %n9
FiL_D 1.00 LDS IR 500
USE '1'AXI 83
0-_IfNE ]W14S1°OR'PACION 11
TO'PA.L [4 'ILFIA.L COST ,103 1,103
^"Ol'iER e
CDN'LikCl' sN GR. 1.0C EA N 3,500
TOTAL OTHER I-EI9S COST 3,'C0 3,50Q
FROJECT EU3TO-AL 23,093
CON-INGEF-IES
BILL PCEPA3AT-0N PEE 132
GROSS PROJECT COST 26,�14
LEES COST PAID BY BNSF Q
TO-AL BILLABLE COS- 26,LI4
Exhibit P
[Public Projects Manager's letterhead]
Dale:
Mr./Ms.
City of Kent
[Address tin'Agency]
Re: Final Approval of Plans and Specifications dated ,2007,drafted by
[insert name of architecture or engineering firm or
public agency here] (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 228t' Street Overpass in Kent, WA.
This final written approval is given to the City of Kent ("Agency") pursuant to Article III,
Section I of that certain Overpass Agreement between BNSF and Agency, dated ,
2007, 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 T.McIntyre
Manager Public Projects
BNSF Railway Company
Form olds Rev. 0601/05
Exhibit F
BNSF Bridge Requirements
BRIDGE DESIGN.PLANS S SPECIFICATIONS.
Accept for the design of temporary falsework and shoring,BNSF review of the Structure plans gill be limited to the
vertical and horizontal clearances, sight distance for existing train signals, foundation dimensions and drainage
characteristics as they relate to existing and future tracks.BNSF will not review structural design calculations for the
permaneat Structure unless a member or members are influenced by railroad live loads.
Temporary falsenork and shoring' plans and calculations must be reviewed and approved by BNSF prior to
begriming construction. The Agency shall perform an independent review of the design calculations for temporary
falsework and shorting prior to submitting'4mn to BNSF for approval. Temporary construction clearne�must be.
no less than 15 feet measured horizontalh, fine dire centerline of the nearest track and 21 fret-6inches measured
vertically from the top of rail of the most elevated track to the bottom of lowest temporary falsework member, State
regulatory agencies may have more restrictive requirements for temporary railroad clearances.
For lire permanent Structure,the Agency will submit plans shoeing the least horizontal distance from the ecmterlirnc
of existing and future tracks to the face of the nearest member of the proposed Structure. The location of the least
horizontal distance must be accurately described such that BNSF can determine where it will occur in both the
horizontal and vertical plane. If the permanent member is within 25 feet of the nearest track (or future track),
collision walls shall be incorporated into the permanent Structure design according to American Railway
Engineering and Maintenance Association Manual of Recommended Practice-Chapter 8-Article 2,L.5
For llhe permanent Structure,the Agenev will submit plans shmying the least vertical clearance from top of the most
elevated rail of existing and future tracks to the lowest point of the proposed Structure. A profile of the existing top
of rail elevation shall be plotted on the bridge plans. The profile shall extend for 500 feet in cacti direction of the
proposed overpass and a separate profile shall be plotted for each track. If the existing top of rail profile(s)is not
unifomh such that a sag exists in the vichuty of the proposed Structure,the permanent Structue vertical clearance
shall be increased sufficiently to accommodate a raise in the track profile to remove the sag. Prior to beginning
construction of the permanent Structure,the top of i ail elevations should be checked mid verified dual they have not
changed from the assumed elevations utilized for the design of tie bridge.
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 oppnitimity to communicate with BNSF personnel regarding site specific
train speeds, train density, and general safely requirements for men and equipment working near live tracks. Any
invitation to bid and specifications for the Structure must be submitted to BNSF for review and approval prior to
letting of bids for the Project.
BRIDGE CONSTRUCTION:
After awarding the bid,but prior to the Contractor entering BNSF's right-of—way or property,the Agency should
conduct a pre-construction meeting with BNSF personnel in attendance to reiterate the safety requirements of
construction activity adjacent to live tracks.
During construction, BNSF may require an independent engineering inspector to be present during certain critical
activities of the Project, including but not limited to: driving foundation piles, erecting falsework, construction of
shoring and retaining walls, placing concrete, placing soil backfill and compaction processes. The Agency shall
reimburse BNSF for all casts of supplemental inspection services.
Within 90 days of the conclusion of the Project and foal 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 mid all deviations from
the original plans that occurred during construction. The"As Built'plans will be submitted in Micro Station*.dgn
electronic formal(preferred)or AuloCAD*.dtvg formal.Electronic plans are to be submitted in the original fornhat
Form 0105 Rev. 06/01/05
used for CAD plan preparation and not converted to another format prior to submission. Actual measured "as'
constmcied"clearances shall be shown as wdl as depth,size and location of all foundation components. The plans
shall show dimensioned locations of existing and relocated utilities.
BRIDGE MAINTENANCE:
The Agency will be responsible for maintenance and repair of the Structure including the earth retention
components, embankment slopes, erosion control, surface drainage, fencing deck drains, landscaping, paint,
walkways,handrails,lighting and other improvements associated with the Project.
Fencing and other pedestrian access controls within BNST s right-of-way and incorporated into the Pmjecl shall he
designed and maintained by lire Ageucv. Trespasser control shall be the responsibility of tine Agency. Graffiti
removal will be the responsibility of the Agency.
BRIDGE INSPECTION-
I'hc Agency will conduct annual routine structural inspections. In the event of an earthquake, fur, flood, damage
from vehicular impacts or other emergent situations,tire Agency will provide an immediate inspection by qualified
persomrel and notiA BNSF of damage that may affect safe passage of trains. if necessary the Agency will embargo
weights or provide lane closures or other such measures to protect the structural integrity of the Structure such that
there can be continuous safe passage of trains until repairs are made.
BRIDGE ALTERATIONS:
Except as provided otherwise by this Agreement,there will be no alterations made to the Structure that will alter the
railroad vertical or horizontal clearances provided by the original design.Pipelines will be not be added or attached
to the Structure without first submitting plans and calculations to BNSF for review and approval.
Form 0105 Rev. 06/01/05
Exhibit G-228TH BNSF GRADE SEPARATION
COST ESTIMATE
Prepared By: MM Date Revised12/4/07
Item Unit Unit Price uantit Total Amount
...................................................................................................................
AlliedCosts Desq:ir}Engineetraa. .. .
Consultant-Structural LS $485,000.00 1 $485 000.00
Consultant-Soils LS $78 000.00 1 $78 0K00
Environmental Consultant LS $108 000.00 1 $108,000.00
Kent Public Works Engineering LS -$350 D00.00 1 $350 000.00
Miscellaneous Studies LS $49,000.00 1 $49,000.00
Subtotal Design Engineering $1,070,000.00
Construction Engineering
Consultant,/Kent Public Works LS $1,200,000.001 1 1 $1,200,000.00
Subtotal Construction Engineering $1,200,000.00
Total Allied Costs - $2,270000.00
. . .. .
Damages to Properties
Miles Sand&Gravel Co. LS $ 21200 000.00 1 $2 200 000.00
Mlles warehouse LS $ 505 000.00 1 $505 000,00
RREEF LS $ 730 000.00_ _1 $730 000.00
LBW CKR LS 450,000.00 1 $450 000.00
Utility and Driveway Easements
CKR Investments LLC _ LS 23,450.00 _ 1.2 $28,140.00
LBW Properties, LLC LS $21,750.00 1.2 $26,100.00
Miles Sand&Gravel Co. LS $307,300.00 1.2 $368,760.00
Litigation _ LS $100,000.00 1.0 $100,000.00
Title Reports, appraisals etc. $10,000.00
Consultants LS 1 $395,160.001 7 1 $395,160.00
Total Right of Way -$4,813,160.00
.. .......... .... _...... ..................... _......_........._..._....._.
....................................................................................................................
Raflydad Coet. .» ..
. .
Railroad FIA in /Inspection and Timber Planking LS $222,882:00 _ 1 $222,882.00
Remove Highway Crossing Cantilevers LS 21 326.00 1 $21,326.00
Relocate detector LS $26,414.00 1 $26,414.00
Total Other $270,622.00
9CHEPUkEL :STREET.
1000 Mobilization _ LS 1 $S; o00.00 $ 1,098 000.00
1005 Clearing And Grubbing LS 1 _ $ 70,000.00 $ �/()000.00
1007 Rubblize Existing Asphalt Concrete Pavement SY 8,610 $ 13.00 $ ill 930.00
1010 Remove Existing Asphalt Concrete Pavement SY 3 727 _ 9.00 33 543.00
1020 Remove Existing Cement Concrete Sidewalk SY 713 _ $ 10.00 $ 7,130.00
1021 Remove ExistingCement Concrete DrivewaySY 1,631 $ 12.00 $ 19 572.00
1025 Remove Cement Concrete Curb and Gutter LF 4 216 6.00 25 296,00
1030 Remove Existing Cement Concrete Extruded Cui LF 1,037 $ 3.00 $ _ 3,111.00
1036 Remove Cement Comncrete Jersey Berner LF 70 $ 40.00 2,800.00
1040 1 Removal of Raised Pavement Markers, Paint ani LS 1 1 $ 2,000.00 $ 2,000,00
1045 Removeal of Traffic Signs SL 1 $ 600.00 600.00
1046 Remove Businees Sign and Reinstall EA 4 $ 3,500.00 $ I i 000.00
1050 Saw Cut Existing Asphalt Concrete Pavement LF 2,727 $ 3.00 8,181.00
1055 Saw Cut Existing Cement Concrete Pavement LF 25 $ 7.00 $ 175.00
1060 Roadway Excavation Includinq Haul CY 1,662 20.00 . 33 240.00
1075 Gravel Borrow Including Haul and Compaction TON 7,742 $ 25.00 $ 193 550.00
1080 Crushed Surfacing Top Course 5/8 Inch Minus TON 1,212 $ 29.00 $ 35 148.00
1085 Crushed Surfacing Base Course, 1-1/4 Inch Mini TON 5,217 $ 29.00 $ 151 293.00
1095 HMA Class B PG 64-22 TON 6,976 $ 80.00 558 080.OD
Revised 12/18/2007
Exhibit G-228TH BNSF GRADE SEPARATION
_ COST ESTIMATE
1110 ICold Planing existing asphalt concrete pavemen SY 1,038 5 9.00 $ 9,342.00
1125 Cold Plant Mix for Temporary Pavement Patch TON 300 90.00 $ 27 D00.00
1140 Cement Concrete Driveway, 8 Inch Depth, Rein SY 586 $ 75.00 $ 13,950.00
1142 Cement Cocrete Deiveway Aron 8 Inch Depth SY 171 $ 75.00 $ 12,825.00 .
1145 Cement Concrete Sidewalk SY 1,261 $ 35.00 $ 44 135.00
1170 Cement Concrete Sidewalk Ramp Type 2A EA 2 1,500.00 $ 3,000.00
1203 Cement Concrete Sidewalk Ramp Type 4B EA 1 $ 1,500.00 $ 1,500.00
1205 Cement Concrete Curb and Gutter LF 1,847 15.00 $ 27,705.00
1210 Cement Concrete Extruded Curb LF 2 452 $ 10.00 $ 24 520.00
1211 Pedestrian Curb LF 18 $ 15.00 $ 270.00
1225 Adjust Existing Manhole Cover to Finished Gradi EA 5 $ 400.00 $ 2,000.00
1235 Adjust Existing Metter Box to Finished Grase EA 2 300.00 600.00
1250 Install New Monument, Case and Cover to Finisl EA 3 $ 350.00 $ 1,050.00
1255 Remove Fence LF 81 5.00 405.00
1257 Relocate Existing Fence LF 200 $ 8.00 $ 1,600.00
1270 Temporal Temporruy Fence LF 300 3.00 $ 900.00
1280 Install new Chaln Link Fence LF 81 15.00 $ 1,215.00
1320 Project Sin EA 6 $ 500.00 $ 3,000.00
1355 Minor Changes CALC 1 $ 40,000.00 $ 40,000.00
:TOTALS..CH@D.UZ >is5ii>i::»:c:?232i;:::2::2:»:;»: $ 2,612,666.00
SCHED1)LE I a. .EXCAVA7ION;AND HAUL:OF WEST:HILL SAND:::::, `
�1006B Scarifying and Stock pilling Selected Material CY 9,034 $ 15.00 $ 135,510 00
1061B Roadway Excavation,Includin Haul, S. 228th CY 62,559 $ 11.00 $ 686 149,00
1360B Temporary and Perment Seeding, Fertilizing, a AC 5.60 $ 3,500.00 $ 19 600.00
1365B Filter Fabric Fence LF 2,240 $ 7.00 $ 15 680,00
1370B Straw or Coir Wattles LF 3,064 $ 11.00 $ 33,704.00
1375B Inlet Protection EA 10 $ 100.00 $ 1,000.00
1380B Straw Mulch SY 27,104 $ 4.50 $ 121 968.00
1385B Clear Plastic Covering SY 10,000 $ 2.00 $ 20 000.00
010B C Lead DAY 60 $ 350.00 21 OOD.OD
1395B TeESm ovary Construction Entrance TON 1 960 $ 35.00 33 600.00
1400B Tem ora Erosion/Water Pollution Control FA 1 $ 45,000.00 $ 15,000,00
TOTAL SCHEDULES.D..*: ........ »: .... .....::.::::::::::: `$ 1,136,211.00
SCHEDULE 22:WATER:»:::o»:<:::>:::;::; .. *.: ::::::c:;::r>:......:::.:...................c:::
....._.._......._................................................................. ...............................
2005 8 Inch Connection to Existing Water Main EA 2 $ 3,500.00 $ 7,000.00
2007 10 Inch Connection to Existing Water Main EA 2 $ 5,000.00 $ 10 000.00
2015 12Inch Connection to Existing Water Main EA 2 $ 6,500.00 $ 13 000.00
2019 4Inch Diameter Ductile Iron CL 52 Water Main LF 217 30.00 $ 6,510.00 '..
2025 8 Inch Ductile Iron Water Main LF 452_ $ 60.00 $ 27 120.00
2030 10Ipch Ductile Iron Water Main LF 186 $ 75.00 13 950.00
2035 12 Inch Ductile Iron Water Main LF 1462 $ 115.00 $ 168,130.00
2037 2 Inch Gate Valve EA 2 $ 800.00 1,600.00
2039 4 Inch Gate Valve EA 1 $ 1,000.00 $ 1,000.00
2045 18 Inch Gate Valve EA 2 $ 1,150.00 $ 2,300.00
2050 10 Inch Gate Valve EA 2 $ 1,350.00 $ 2,700.00
2055 12 Inch Gate Valve EA 9 $ 1,350.00 $ 12,150.00
2060 Replace Existing Valve Box Top Section and Lid EA 2 $ 375.00 $ 750.00
2065 Replace Existing Valve Box Base Section and Lic EA 2 $ 375.00 $ 750.00
2070 Valve Operation Nut Extender EA 2 $ 200.00 $ 400.00
2080 Hydrant Assembly EA 6 $ 1,500.00 $ 27,000.00
2090 2 inch Air Release Valve with Chamber EA 1 $ 5,000.00 $ 5,000.00
2092 2 inch Air Release Valve with Customized Cham EA 1 $ 6,500.00 $ 6,500.00
r22125
Remove Existin Air Release Chamber and Vau EA 1 $ 750.00 $ 750.00
1.20 Service Connection 1-1/2 Inch Diameter EA 3 $ 800.00 $ 2,400.000 Service Connection 2 Inch Diameter EA 4 1 000.00 4000.00
135 Service Connection 4Inch Diameter EA 1 $ 1,500.00 $ 1150000
150 Water Service Line 1-1/2 Inch Diameter LF 15 $ 25.00 375.00
Revised 12/18/2007
Exhibit G -228TH BNSF GRADE SEPARATION
COST ESTIMATE
2155 Water Service Line 2 Inch Diameter LF 152 $ 35.OD $ 5,320.00
2215 2 Inch Meter Setter EA 2 $ 700.00 $ 1,400.00
2217 4 Inch Compound Water Meter Assembly W/ B EA 1 S 3,600.00 $ 3,600.00
2225 Meter Box for 1-1/2 to 2 Inch Diameter Service EA 2 $ 500.00 $ 1,000.00
2255 Shoring or Extra Excavation Class B SF 9957 5 1.00 $ 9,957.00
2260 Foundation Material CI. I and II TON 377 29.00 SD 933.00
2275 Pie Zone Bedding TON 753 $ 29.00 $ 21,837.00
2285 Gravel Borrow for Trench Backfill TON 1429 25.00 35 725.00
2295 Cold Plant Mix for Temporary Pavement Patch TON 20 $ 90.00 $ 1,800.00
2312 4 Inch 0. D. 0.1875 Inch Thick Steel Casing a LF 14 45.00 5 630.00
2313 18 Inch 0. D., 0.375 Inch Thick Steel Casing at LF 106 $ 60.00 S 6,360.00
2314 22 Inch 0, D. 0.375 Inch Thick Steel Casing Th LF 187 $ 100.00 $ 18,700.00
2320 Remove Existinq Water Meter Box EA 2 200.00 400.00
2335 Remove Existing Fire Hydrant Assembly EA 3 $ 1,200.00 $ 3,600.00
436,147.00
....................................................................................................................
.................................................. ..................... ........................ ....................
SCHEDULE III r:SANITARY:SEWER:::.:.. >:o::»:>:»:<>:: :!:; >: >:;:! >: »:::>:>:::>:;;>::>:>:c::>;»:
....................................................................................................................
3003 PVC Sewer Pie 6 Inch Diameter LF 325 $ 60.00 $ 19 500.00
3305 PVC Sewer Pie 8 Inch Diameter LF 89 85.00 7 565.00
3012 HDPE SDR-21 Slipl-ining for 8 Inch Diameter Se LF 809 $ 115.00 93 035.00
3040 Special Shallow Manhole 48Inch Diameter EA 1 2,700.00 2,700.00
3050 Manhole Under 12 Feet Type 148 Inch Diamet EA 1 $ 3 600.00 3,600.00
3072 Install New Manhole Section to Finished Grade VF 45 $ 500.00 22 500.00
3085 Locking Manhole Frame and Cover EA 3 $ 400.00 $ 1,200.00
3100 6Inch-Sewer Cleanout EA 1 475,00 475.00
3105 Abandon Existing Catch Basin or Manhole EA 2 $ 750.00 $ 1,500.00
3110 1 Remove Existing Catch Basin or Manhole EA 1 4 750.01) 3,000.00
3115 Shoring or Extra Excavation Class B SF 3,529 $ 1.00 $ 3 529,00,
3120 Foundation Material Cl. I and II TON 112 $ 29.OD 3,248.00
3135 Pipe Zone Beddin TON 336 $ 29.00 $ 9,744.00
3140 Crushed Surfacing Top Course 5/8 Inch Minus TON 42 $ 29.00 $ 1,218.00
3145 Bank Run Gravel for Trench Backf ll TON 1 061 $ 25.00 $ 2.6 525.00
3155 Cold Plant Mix Temporary Pavement Patch TON 69 $ 90.00 $ 6,210.00
3170 16Inch 0. D. .025 Inch Thick Steel Casin2 at LF 75 $ 500.00 $ 7,500.00
TOTAL:SCHEOUI:E:III: >i»:?>ii>:i>:?i>:?>:?>:? >ii>:?i>::?:??2:?2:???:5::??:i>.....?»i5:... 213,099.00 °..'.-
....................................................................................................................
SCFiEOULE IV->S1fORiN S6WEFI, ":
4017 Ductile Iron CI-SDStorm Sewer Pie 12 inch Di LF _ 1,4D6 $ 50.00 $ 70 300,00
4080 Catch Basin Type 1 EA 10 $ 900.00 $ 9,000.00
4085 Catch Basin Type 2 48 Inch Diameter EA 8 $ 3,000.00 $ 24 000.00
4115 Bolt-Down Catch Basin Frame and Grate EA 6 $ 350.00 $ 2,100.00
4120 Vaned Catch Basin Frame and Grate EA 17 $ 250.00 $ 4,250.00
4126 Bi-Directional Vaned Catch Basin Frame&Grate EA 5 S 300.00 $ 1,500.00
4130 Abandon Existing Storm Sewer Pipe EA 6 $ 500.00 $ 3,000.00
4135 Remove Existinq Storm Sewer Pipe or Culvert LF 163 $ 14.50 $ 2,363.50
4145 Remove Existin Catch Basin or Manhole EA 17 $ 500.00 $ 8,500.00
4150 Shorin or Extra Excavation Class B SF 3,937 _1.00 3,937.00
4155 Foundation Material Class I Class II TON 317 $ 29,00 $ 9,193.00
4170 Pipe Zone Bedding TON 1,269 29.00 $ 36 801.00
4175 Crushed Surfacing Top Course 5/8 Inch Minus TON 31 $ 29.00 $ 899.00
4180 Gravel Borrow for Trench Backfill TON 805 25.00 20,125.00
4190 Cold Plant Mix for Temporary Patch TON 43 $ 90.00 $ 3,870.00
4210 Thermoplastic Storm Drain Stenciling EA 24 55.00 $ 132000
4225 Catch Basin Strom Filter System Two Cartrid EA 9 $ 15,000.00 $ 135,000.ge
TOTAL;SCHEDULE::IFV::::::::::::::::::::::»»>:.......... 336,158.50
SCHEDUCEY:=:'IRAfFIG:G.QNTttOL:> :; ;!>:;:;:;:::.: ; :,:;:;::; >.::::::: ::>,>:;:<;:;:,:;:.... .. ::>::»:::
5004 1 Flogger and Spotter HR 3000 35.00 $ 105,000.00
Revised 12/18/2007
Exhibit G- 228TH BNSF GRADE SEPARATION
COST ESTIMATE
5p05 Traffic Control Labor HR 2500 $ 40.00 $ 100 000.00
5010 Construction Signs, Class A SF 720 15.00 $ 10 800.00
5015 Traffic Control Supervisor HR 700 $ 45.00 $ 31,500.00
5020 Other Temporary Traffic Control Devices LS 1 $ 15,000.00 $ 15 000.00
5030 Portable Changeable Message Sin(PCMS) DAY 500 70.00 $ 35 000.00
5035 Sequential Arrow Sin SAS DAY 200 $ 35.00 $ 7,000.00
5060 Type III Barricade EA 10 400.00 $ 4,000.00
5065 Temporary Barrier LF 80 $ 55.00 $ 4,400.00
5080 Temporary Pavement Marking LF 9,000 0.30 $ 2,700.00
5105 Double Yellow Paint Stripe LF 1150 $ 1.50 $ 2,175.00
5110 Two Way Left Turn Paint Stripe LF 20 035 1.25 25 043.75
5111 Plastic Lane Line LF 3,765 $ 1.00 $ 3,765.00
5113 Plastic Wide Line LF 103 $ 1.50 154.50
5115 Plastic Stop Line LF 40 $ 5.00 $ 200.00
2122 Plastic Median Stripe LF 179 1.25 $ 223.75
2124 Plastic Parking Lot Stripe LF 826 $ 1.00 826.00
5125 Plastic Traffic Arrow EA 11 $ 65.0D 715.00
5130 Plastic Traffic Letter EA 4 $ 50.00 200,00
5135 Permanent Signing LS 1 $ 2 DON $ 2 000.00
5147 Raised Pavement Marker Type 2WW HUN 1.90 $ 350.00 665.00
6157 Raised Pavement Marker T e 2W HUN 3... $ 350.DD $ i,148.00
TOTAk:SCHbDUkE:V: »: >: :::......
SCHEDULE VI:=:EtECTRICAU::
.. ... .... ... ...,.
6003 Remove Existing Street Light Standard and Ba EA 8 $ 600.00 $ 4,800.00
6005 Illumination System EA 17 $ 10 00.00 170 000.00
6020 Crushed Surfacing Top Course, 5/8 Inch Minus I TON 32 $ 29.00 $ 928.00
6021 Sand�for Conduit Bedding TON 737 32.50 ,23 952.50
6024 Conduit Pipe 2 Inch Diameter Sch. 80 PVC LF 4975 $ 5.50 $ 27 362.50
6035 ]unction Box WSDOTType I Including Welding EA 17 1,500.00 25,500.00 -
6040 Junction Box WSDOT Type VIII,Including Weld EA 2 $ 500.00 $ 1,000.00
TO:TALS.CHED.ULEITI:::>: : >::>: $ 253,543.00
SCEIE[)U[E.VII :EROSION:ANfl$iF1IMNY CANT 6t;:;
7000 Seeding,FerLilizincl, and Mulchinq AC 0.70 $ 3,500.00 $ 2,450.00
7005 Filter Fabric Fence LF 1,565 $ 7.00 $ 10 955.00
7015 Inlet Protection EA 18 $ 100.00 $ 1,800.00
7020 Straw Mulch SY 11550 $ 4,50 $ 6,975.00
7025 Clear Plastic Crovering SY 1,000 $ 2.00 $ 2,000.00
7030 ESC Lead DAY 200 $ 350.00 $ 70 000.00
7035 Temporary Construction Entrance TON 319 $ 35.00 $ 11,165.00
7055 TemLoraa Erosion ZWater Pollution Control FA 1 $ 80,000.00 $ 80,000.00
TOTAG:S'CHEDULE:VLF: ':?: $f ce185,34 0 TO
ChiEDULE VIII:-ROADSIDE RESTORATION
B005 Topsoil Type A CY 210 $ 45.00 $ 1,451.01
:TO:TAUS.CHEDFILE:YITI: >: >: :::::::::::::::::::::::::::::::::::::::::::::::::.::>...... $ 9,450.00
SCHEDULE.IX=:BNSF:RAILWAY:BRIDGESTRUCTURE;: .
............
9005 Shoring of Extra Excavation CLA LS 1 $ -
9D10 Bridge Approach Slab SY 269 $ 290.00 $ 78 010.00 j
9015 SoilExcavation for Shaft Including Haul Cy 485 450.00 $ 218,250.00
9020 Furnishing and Placing Temporary Casing for 8 LF 252 $ 240.00 $ 60 480.00 '..
9025 Casing Shoring for 8 foot Diameter Shaft LS 1 58 000.DO $ 58 000.00
9030 Concrete Class 4000P for Shaft CY 470 $ 325.00 $ 152,750.00
9035 Steel Reinforcement Bar for Shaft LB 97,200 $ 1 25 121 500.00
9040 CSL Access Tube LF 2,080 $ 9.00 $ 18,720.00
Revised 12/18/2007
Exhibit G-228TH BNSF GRADE SEPARATION
COSTESTIMATE
a
1
9045 CSLTest EA 9 $ 2 500.00 $ 10 000.00
9050 RemovingShaft Obstructions EA ':' 1 $ 64 000.00 $ 64 000.00
9055 Steel Reinforcing Bar for Bride LB Aj 49,700 1 $ 1.25 $ 62 125.00
9060 Concrete.Class 4000 for Bride CY 231. $ 1,000.00 231,000.00
9065 Superstructure- 5. 228th Street Bridge 0"vet 51N LS 1 483,575 $ 483 575.00
9070 PIGMENTED Sealer `^SY "' 492 " '3 10.00 $ °-4 92000° "
9075 Utility Supports for Two 4 Inch Sch. 80PVC Con LS ,'; 1 $ 11 000,00 $ 11,000.00
9080 Utility Supports for 12 inch Water Line and 22 11 LS 1 $ 45,000.00 $ 45,000.00
9085 Prestressed Concrete Girder- modified W53DG LF I1 1,210 $ 375.00 $ 465,000.00
9090 Reinforced Concrete Girder- Modified W53DG LF 207 $ 375.00 $ 1 ',625.00
TOTALSCHEOULE:L;. : ' . ' 2: J:: . $ 2,Z62,955.00
$GH,i;DtlLE;X<::RETIXi.N.INQ:Nr?ky$:�:�:�:�:�:�:�i:�:�:�5:::::::::;
10000 Structure Excavation Class A Include Haul CY 49 $ 30.00 $ 1,470.00
10005 Structure Excavation Class B Include Haul CY .?. 3446 30.00 $ 103 380.00
10010 Pedestrain Barrier on Concrete Retaining Wall LF 78 $ 150.00 $ 11 700.00
10015 SEW Pedestrian Barrier and Moment Slab LF ' '. 1,948 375.00 730 500.00
10020 Concrete Class 4000 for Retaining Walls CY 55 $ 950.00 $ 52 250.00
10025 Steel Reinforced Bar for Retaining Wall LB `. 2,861 1.25 $ 3,576.25
10030 Railing Type S-BP LF 1,706 $ 500.00 170 600.00
10035 1 Bride Rating Type Chain Link Fence LF 242 $ 150.00 $ 36,300.00
10040 Structural Earth Wall SF 14,781 $ 15.00 $ 671 715.00
10045 Backfill for Structural Earth Includin Haul Wit CY 31,362 $ 15.00 $ 470,430.00
10050 Backfill for Structural Earth Includin Haul Re CY s 19,130 $ 30.00 573 900.00
10055 Backfill for Cast-In-Place Wall Including Haul ( CY go $ 30.00 $ 2,700.00
10060 Backfill fo Cast-In-Place Wall Includin Haul R CY 1.< 48,730 $ 30.00 1,461 900.00
10065 Preload LS 1 $ 55 000.00 55 000.00
TO7kI5CHEP.UAEX $ 4,378,113.25
VIM. y o>.e6 rs nr crrQr coy i
Total Scre u e I Street _ 2,61 ,
Total Schedule i-B(F,xeavation and Haul Of Rest Hill Sand) �' $ 1,135,211.00
Total Schedule 11(Water) _ $ 436,147.00
Total Schedule III(Sanitary Sewer) 213,049.00
Total Schedule 1V(Storm Sewer) $ 336,158.50
Total Schedule(Traffic Control) _ $ 352,516.00
Total Schedule(Electrical) $ 253,543.00
Total Schedule Vrl (Erosion and Sediment Control) $ 185,345.00
Total Schedule Vlll(Roadside Restoration) $ 9,450.00
'l'otat Schedule IX(BNSF Railway Bridge Structure) $ 2,161,955.00
ota . c to u e Ketammg a ,-7 ,1 3. 5
SWMMARY"'OF ADD,ITFONAL PROJECT COST. .. ..... :<
Allied Costs 2 270,000.00
Right-of- a $4,813 160.00
Railroad
Cost $270,622.00
-Total Additional Project Cost $7,353,782.00
TOT PROJECT COST' , � $19,427,935.75
F.
f
Revised 12/18/2007
i