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HomeMy WebLinkAboutPW13-078 - Original - Union Pacific Railroad Company - 64th Ave S Channel Pipeline Crossing 080808 - 09/27/2012 Pipeline Crossing 080808 Folder No.2714-33 Last Modified.03/29/10 Form Appioved,AW-Lase PIPELINE CROSSING AGREEMENT Mile Post: 168, Spur Off Seattle Subdivision Location Kent, King County,Washington THIS AGREEMENT ("Agreement") is made and entered into as of September 27, 2012, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor")and KENT, CITY OF, a Washington municipal corporation to be addressed at 220 4th Ave S, Kent, Washington 98032("Licensee") IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and open ate Uvo 14 foot by 5 foot encased pipeline for transporting and conveying storm water only across Licensor's track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated January 26, 2012 and masked Exhibit A, attached hereto and hereby made a pact hereof Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying stoun water,and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement, For the purposes of Exhibit A, Licensee acknowledges that if it or its contractor provides to Railroad digital imagery depicting the Pipeline crossing, Licensee authorizes Railroad to use the Digital Imagery in preparing the print attached as an exhibit hereto. Licensee represents and warrants that through a license or otherwise, ithas the right to use the Digital Imagery and to permit Railroad to use the Digital hnagety in said manner. Article 2. LICENSE FEE. Upon execution of this Agreement,the Licensee shall pay to the Licensor a one-time License Fee of Fourteen Thousand Four Hundred Dollars($14,400.00). Article 3. CONSTRUCTION,MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B,attached hereto and hereby made a part hereof. Article 4. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractois,subconti actoi s, off icei agents and employees, and others acting under its or their authority. If a contractor is hued by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repau work), then the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee sliall iequiie such contactor or subcontractor to release, defend and indemnify Licensor to the same extent and under the same tei ins and conditions as Licensee is required to release,defend and indemnify Licensor herein. Article 5. LNSURANCE. A. During the life of the Lease, Licensee shall filly comply with the insurance requirements described in Exhibit C. B. Failure to maintain insurance as required shall entitle, but not require, Licensor to terminate ; this License immediately. C. If the Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this license,those statutes shall apply. D. Licensee hereby acknowledges that is has reviewed the requirements ofExlribit C, including without limitation the requirement for Railroad Protective Liability Insurance during construction, maintenance, installation,repair or removal of the pipeline which is the subject of this Agreement. Article 6. TERM. This Agreement shall take effect as of the Effective Date fast herein written and shall continue in fill force and effect until terminated as herein provided. Article 7. SPECIAL PROVISIONS A. The proposed culvert installation by open cut requires coordination with Licensor and work performed by Licensor A preliminary engineering agreement for reimbursement of Licensor's costs for structural review and planning and estimating trackwork. B. Licensee shall bear the cost of track removal and replacement and any other work done by Licensor's forces. Licensor will need to ie are force account estimate for work to be refornied b its forces. P p p Y C. The construction schedule shows a track outage of over two weeks for culvert installation, Unless the track is currently unused and out of service,this is unacceptable. Generally even on industry tracks, outages are linuted to a few days at most. The outage must be coordinated with and approved by the Licensors Service Unit. D. If 2+week window is approved,consider whether a construction of a cast in place structure would be practical This would be the piefened structure type, if time permits. i i E. The following comments apply to the concrete box design: ' i. The concrete box culvert shall be designed and constructed in accordance with the provisions of AREMA Manual for Railway Engineering, Ch. 8,Pait 16 "Design and Construction of Reinforced Concrete Box Culverts",and other applicable sections.Design live load shall be specified as Cooper E80 with impact. Provide note ur plans stating this requirement. ii. It appears that the intent is to place the parallel precast sections with adjacent walls in contact. This isn't acceptable. Provide a gap which will be filled with slurry. iii. Precast reinforced concrete box sections shall include a minimum of three positive mechanical couplers at eacli joint to prevent future separation. iv. Provide the following for engineering review. -Concrete box design showing reinforcing -Structural design calculations. Where computer program is used for design,provide calculations verifying compliance with AREMA requirements -Geotechnical analysis and reconunendations. F. Provide note in plans showing division of responsibility between Licensor and Licensee/contractor. G. 100%plans shall be submitted to Licensor for review and approval.Provide a copy of geoteehnical analysis and recommendations. H. Licensors review of shop drawings and design calculations for the precast box culvert is required. AI low 30 days for review of submittals. ARTICLE 8. NO PROJECT EXPENSES TO BE BORNE BY LICENSOR The Licensee agrees that no Project costs and expenses are to be borne by the Licenor. In addition,the Railroad is not required to contribute any funding for the Project. ARTICLE 9. WORK TO BE PERFORMED BY LICENSOR;BILLING SENT TO LICENSEE;LICENSEE'S PAYMENT OF BILLS A. The work to be performed by the Licensor at the Licensee's sole cost and expense, is described in the Rnihoad's Material and Force Account Estimate dated October 1, 2012, marked Exhibit E, attached hereto and hereby made a part hereof(the "Estimate"). As set forth in the Estimate, the Licensoes estimated cost for the Licensor's work associated with the Project is Seventy Four Thousand Eight Hundred and Thirty Six Dollars$74,836.00. B. The Licensor, if it so elects, may recalculate and update the Estimate submitted to the Licensee in the event the Licensee does not commence construction on the portion of the Project located on the Licensoes property within six(6)months from the date of the Estimate. C. The Licensee acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the Licensee or the Coutractoi in connection with flagging or other protective services provided by the Licensor in connection with the Pioject. All of such costs incuried by the Licensor are to be paid by the Licensee of the Contractor as detei mined by the Liceusoi and the Licensee. If it is determined that the Licensor will be billing the Contractor directly for such costs, the Licensee agrees that it will pay the Licensoi foi any flagging costs that have not been paid by any Contractor within thn ty(30)days of the Contractor's ieceipt of billing. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first heiein written. UNION PACIFIC RAILROAD COMPANY KENT,CITY OF By: By: Manager-Contracts Title: ! 3 I PLACE ARROW INDICATING NORTH _ FORM DR-0404-B DIRECTION RELATIVE TO CROSSING .Q REV, 5-15-98 . .� www uprr com ENCASE® NON-FLAMMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE NO SCALE FILLED IN TO PROCESS THIS APPLICATION. RR'S R/W JQ.y�Q =y I NIa FT, Y,663FT. Q �c,P tiO NJ N FT. 10 FT. ,9 M (SEE NOTE 3 B 5) (SEE NOTE 3 8 B) GU FT. u1 —T01,KRGv`R,V�OATO V= ¢s tiA".(Y}1�TRACK l�- (ANGLE OF CROSSING) ¢w TO -NYI Y,/� _ (NEAREST R R TOANI o NONE q,, 64"= A3/ENUe S ti��e (DESCRIBE FIXED OBJECT (OESCRI BE FIXED OBJECT) `�_�~�. \_ (SEE NOTE 6) (SEE NO/E 5) I . [DISTANCE ALONG TRACK FROM SECTION LINE CRO551N01 32 FT. FT. (VOTE: THIS DIMENS'ON RCCJIRED IN ALL CASES, ^ AT LUCA 110.15 1 OT USING SECTIONS, DISTANCE +ffAYY TO A LEGAL SURYEY LINE 15 RLOUIRED) RR S RIN ]7 3 23FT. —•f-0 A FT. i ✓T FT. ¢ ¢ STEEL CASING WALL Lux Dlsr i � SURFACE ¢ THICKNESS CHART 8 (see role 2) LAINILIUM CIAMETER OF SUBGRADE I THICKNESS CASING PIPE ROAOBEO I I ,2500' I/4" 12" OR LESS }125 5l16" OVER 12"-IB" 3 Z FT ,}750" 7/B" OVER 18"-22" q (4 s yr MIN.) \ ,4375' 7/16" OVER 22"-26" '!Z NJA T. fzD Fr MAX ,5000" I/2" OVER 28"-34" )_f Fi. _-- y CASINO PIP ISao ;lore 4) IS FT M11�j ' 9l16" OVER }4"-42' .6250 6250^ 5/8" OVER 42"-48" WO t3�X Gvl V R15 14(w x 5 <H)X�2$p vl \ OVER 48" MUST BE —1_� APPROVED BY R,R, CO. /® NOTE' THIS CHART IS ONLY I I \© FOR SMOOTH STEEL CASING PIPES WITH/ /FSTREWTH OF1I35,000 PSI, S 15 FT.—i� I AA ' NIA FT. NI!T FT. I FORMULA TO FIGURE CASING NI� LENGTH WITH ANGLE OF FT. CROSSING OTHER THAN SO- NOTES FT. B ++ FIOiES (CASING LENGTH AHEN MEASURED ALORC PIPELINE.) Sty II ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROU(. OF TRACK. !� SIN 4y 21 CASING TO EXTEND BEYOND Wit OF TRACK AT RIGHT ANGLES THE GREATER OF 20 . 2D FT., OR 30 FT., �yS� B AND BEYOND LIUIT OF RAILROAD RIGHT-C'-MAT IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. 3) MINIMUU OF 50' FROM THE END OF ANY RAILROAD BRIDGE, 4 OF ANY CULVERT, OR FROM ANY SNITCHING AREA. +11' M`NOTDI)ST 41 SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILRDAD SIGNALS ARE IN THE VICINITY OF CROSSING (� TRACA 5) ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIOCESI R. OF ROAD CROSSINGS B OYERHEAD VIADUCTS (GIVE ROAD NAME). OR CULVERTS. _ 61 CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE ANY EXCAVATION REOU)RFO WITHIN 5 FEET OF THE EXIST(NG FIBER OPTIC CABLE MUST BE HAND DUG. A) 15 PIPELINE CROSSING WITHIN BE ICATEO STREET ?_YES; K NO; EXHIBIT "A"B) IF YES, NAME OF STREET 1t (FCP RA(R00ISE aan DI DISTRIBUTION LINE OR TRANSMISSION LINE C) CARRIER PIPE : 2 Soy_ LVLdCRTS UNION PACIFIC RAILROAR CO. COMMODITY TO BE CONVEY 61oRM vjkiv(L , ) OPERATING PRESSURE —PSI R6INFUR J oc+i�' c (C '%J do 1(1 '2 WALL THICKNESS f,b ,DIAMETER WA ;MATERIAL CoNmme I IsuwlY)s10 1, E) CASING PIPE : Nf Pt M. P W� ol!' E. S. Ljq rout WALL THICKNESS ;DIAMETER ;MATERIAL NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST (IiNCASED Oo a (_Jfty 11 CROSSING AT OUTSIDE DIAMETER OF CARRIER PiPE AND INTERIOR DIAMETER OF CASING PIPE, WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. 1Acj"111 nrn LIca 1n Isnni F) METHO OF INSTALLING CASING PIPE UNDER TRACK(5): I t�1 Of {UY1 P IA DRY BORE AND JACK (W T BORE NOT PERMITTED) usvL2rvlu S�TUNNEL ; OTHER NIm RR FiLE NO. ,� _/N-33 DATE G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? Yavl. nl0; FI) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BO IIfi AND W A R N I N D JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK I) APPLICANT HAS CONTACTED 1-800-336-9193, 130 MIN') IN ALL OCCASIONS, ILL P. COWAAlCATIONS U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OF ANY ENT MUST BE CONTACTED IN ADVANCE OP ANY MORK i0 DETERMINE EXISTENCE AND OPTIC CABLE X DOES ;_DOES NOT p EX($T IN VICINITY OF LOCATION OF TIGER OPTIC CABLE. I WORK TO BE PERFORMED . TICKET NO. ��11 i1D2OZ l PHONE 1 I-800-336-9153 I Pipeline Crossing 07/20/08 Penn Approved,AVP Low �+ ��MB L XIT B Section 1. LEMATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wielines, pipelines and other facilities upon, along or across any of all pails of its property, all or any of which may be freely done at any time or tunes by the Licensor without liability to the Licensee or to any other party far compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and other s) and the right of the Licensor to renew and extend the same,and is made without covenant of title of for quiet enjoyment. Section 2. CONSTRUCTION,MAINTENANCE AND OPERATION. A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/oi reconstructed by the Licensee in strict conformity with(i)Licensor's current standards and specifications ("UP Specifications"), except for variances approved in advance in writing by the Licensor's Assistant Vice President Engineering — Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association("AREMA")standards and guidelines(collectively, "UP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws"). if there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on properly of the Licensor in connection with the design, construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C Prior to the commencement of any work in connection with the design, construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline fiom Licensor's property, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or his authorized representative,and then the work shall be done to the satisfaction of the Licensor's Assistant Vice President Engineering Design or his authorized representative, The Licensor shall have the right, if it so elects,to provide such support as it may deem necessary for the safety of its hack or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconshuction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor,within fifteen(15)days after bills shall have been iendered therefore, all expenses incurred by the Licensor in connection therewith, which expenses shall include all assignable costs D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the glade even with the adjacent surface of the ground, E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 3. NOTICE OF COMMENCEMENT OF WORK/LICENSOR REPRESENTATIVE /SUPERVISION/FLAGGING/SAFETY. A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work In all other situations, the Licensee shall notify the Licensor at least ten(10) days (or such other time as the Licensor may allow)in advance of the commencement of any work upon propel ty of the Licensor in connection with the construction, maintenance, iepah, renewal, modification, ieconstrnction, relocation or removal of the Pipeline All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized iepiesentative (hereinafter "Licensor Representative" or "Railroad Representative"): MARIO A. ORTEGON MGR TRACK MNTCE 2770 N GOING ST RM 97217 PORTLAND,OR 97217 Work Phone; 503 249-2323 Fax 503 249-2530 Cell Phone: 503 347-4045 B. Licensee,at its own expense, shall adequately police and supervise all work to be performed. The iesponsibility of Licensee for safe conduct and adequate policing and supervision of work shall not be lessened or otherwise affected by Licensors approval of plans and specifications involving the work, or by Licensor's collaboration in perfoinrance of any work, or by the presence at the work site of it Licensor Representative, or by compliance by Licensee with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall reprove from Licensor's property any employee who fails to conform to the inshuctions of the Licensor Representative in connection with the work on Licensors pioperty. Licensee shall indemnify Licensor against any claims arising from the removal of any such employee from Licensor's property. D. Licensee shall notify the Licensor Representative at least ten (10) Fvorking days in advance of proposed performance of any work in which any person or equipment will be within twenty-five (25)feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to,a crane boom)will reach to within twenty-five(25) feet of any track No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), of thing(s) shall be located, operated, placed, or stored within twenty-five(25) feet of any of Licensor's track(s) at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor Representative will determine and infoun Licensor whether a flagman need be present and whether any special protective oi safety measures need to be implemented. If flagging or other special protective of safety measures are performed by Licensor, Licensot will bill Licensee for such expenses inctured by Licensor, unless Licensor and a federal, state or local governmental entity have a teed that Licensor is to bill such expenses to the federal, state or local governmental entity. If Licensor will be sending the bills to Licensee,Licensee shall pay such bills within thirty (30) days of receipt of billing If Licensor performs any flagging, or other special protective or safety measures ate performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities of liabilities set forth in this Agreement. E. The rate of pay per hour for each flagman will be the prevailing lnoutly rate in effect for an eight- houl day €oi the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly Late is paid for overtime, Saturdays and Sundays,and two and one-half times cuttent hourly hate for holidays. Wage rates are subject to change, at any time, by law of by agreement between Licensor and its employees, and be retroactive as a result of negotiations or a ruling of an authorized may� governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee(or the governmental entity, as applicable) shall pay on the basis of the new Cates and charges. P. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other raihcad work during a portion of such day, in which event rehmbuisement will not be required for the portion of the day during which the flagman is engaged in other railroad work. Reimbursement will also be requited for any day not actually worked by the flagman following the flagman's assignment to work on the ptolect for which Licensor is required to pay the flagman and which could not reasonably be avoided by Licensor by assignment of such flagman to other woi k,even though Licensee may not be tivorkmg during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five(5)days notice of cessation is not given,Licensee will still be rcquired to pay flagging charges for the five(5)day notice period required by union agieement to be given to the employee,even though flagging is not required for that pei iod. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. G. Safety of personnel, property, tail operations and the public is of paramount importance in the prosecution of the work petfornned by Licensee or its contactor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensors safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees Wore they enter the job site. H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free fiom safety and health hazards and ensure that then employees are competent and adequately trained in all safety and health aspects of the job. 1. Licensee shall have propel first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Prompt notification shall be given to Licenses of any U S Occupational Safety and Health Administration reportable injuries. Licensee shall have a non-delegable duty to control its employees while they ate on thejob site or any other property of Licensor, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug of other substance that may inhibit the safe performance of any work. J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the work(the "Safety Plan"). Licensor shall have the right, but not the obligation,to requite Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification,revision, relocation,removal or reconstruction of the Pipeline, including any and all expense which may be incurred by tine Licensor in connection therewith for supervision, inspection,flagging,or otherwise. Section S. REINFORCEMENT RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements,the Licensor, at its sole election,finds such action necessary or desirable. B, All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefome described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. A. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such marmot as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of time Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. B. Explosives of other highly flammable substances shall not be stored on Licensor's property without the ptioi written approval of Licensor. C. No additional vehicular etossings (including temporary haul roads) or pedestrian crossings over Licensee's trackage shall be installed or used by Licensor or its contractors without the prior written permission of Licensor. D. When not in use, any machinery and materials of Licensee or its contractors shall be kept at least fifty(50)feet from the centerline of Licensor's neatest track. E. Operations of Licensoi and work performed by Licensor's personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person of entity for any such delays. Licensee shall coordinate its activities with those of Licensor and third parties so as to avoid interference with railroad operations. The safe operation of Licensor's train movements and other activities by Licensor take piccedence over any work to be performed by Licensee. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licenser's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to useis resulting in business intetiuption and loss of revenue and profits. Licensee shall telepltone the Licensor during normal business hotus (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except foi holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licenser's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator,make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the Licensee's propcity until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensoi harmless from and against all costs, liability and expense whatsoever(including,without limitation, attorneys' fees, court costs and expenses) arising out of on caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE,ITS CONTRACTORS,AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY,AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICE,NSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELL COMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL, TAXES. A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or ntateriahnan's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or matertals fiunrslned. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline,to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of tine location, construction or maintenance of the Pipeline or any improvement, appliance of fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be sepatately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. hn the event the Licensee in any manner moves or disturbs any of the property of the Licensor in connection with the construction, maintenance,repair,renewal,modification,reconstruction,relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense,restore such property to the same condition as the same were before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including tour t costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving or disturbance of any other proper ty of the Licensor. Section 10. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensoes property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may tesult from: (a)injury to or death of persons whomsoever (including the Licensee's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or(b)damage to or loss or destruction of property whatsoever(including Licensee's property,damage to the roadbed,tracks,equipment,or other property of tine Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS OF ANY KIND, NATURE OR DESCRIPTION ARISING OUT OF, RESULTING FROM OR RELATED TO(IN WHOLE OR IN PART): 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED TO BY LICENSEE; 5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR 6. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT AND ACTIVE NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of proceeding brought against any indemnitee by any entity, relating to ally mattes coveted by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, reasonable attorney's fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee slial], at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages,or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the tight of the Licensor to avail itself of any remedy for any subsequent bleach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right hetein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty(30) days after written notice from the Licensoi to the Licensee specifying such default,the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, howevet,than thirty(30)days subsequent to the date upon which such notice shall be given, C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the lights or obligations of the patties hereto which may have accrued, or Iiabilities,accrued or otherwise,which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights hetein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights hetein granted, whether voluntary, by operation of law, or otherwise,without such consent in writing,shall be absolutely void and, at the option of the Licensor,shall terminate this Agreement. Section 15, SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof,this Agreement shall be binding upon and inure to the benefit of the parties hereto,their heir,executors,administrators,successors and assigns. Section 16. SEVERABILITY. Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid of unenforceable shall be invalid or unenforceable only to the extent of such determination,which shall not invalidate or otherwise render ineffective any other provision of this Agreement. Approved:Insurance Group Created 9/23/05 Last Modified-03/29/10 Form Approved,AVP-Law E,XAIBIT C Union Pacific Railroad Company Contract Insurance Requirements Licensee shall, at its sole cast and expense, procure and maintain during the life of this Agreement (except as otherwise provided in this Agreement)the following insui ante coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insutance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage), The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: "Contractual Liability Railroads" ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Raih Cad Company Property" as the Designated Job Site. B. Business Automobile Covernee insurance. Business auto coverage written on ISO foim CA 00 01 10 01 (oi a substitute foim providing equivalent liability coverage)with a limit of not less $2,000,000 for each accident,and coverage must include liability ai ismg out of any auto(including owned,hired,and non-owned autos). The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: "Coverage For Certaui Operations in Connection With Railroads" ISO foim CA 20 70 10 01 (or a substitute foim providing equivalent coverage) showing "Union Pacific Ptoperty"as tine Designated Job Site. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. Employers'Liability(Part B)with limits of at least$500,000 each accident, $500,000 disease policy limit $500,000 each employee If Licensee is self-insured,evidence of state approval and excess workers compensation coverage must be provided, Coverage must include liability arising out of the U. S Longshoremen's and Harbor Workers' Act, the Jones Act,and the Outer Continental Shelf Laud Act,if applicable. D. Railroad Protective Liability insurance. Licensee must maintain"Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of$6,000,000. The definition of"JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS pet formed under this agreement E. Umbrella. or Excess insurance. If Licensee utilizes umbrella or excess policies, and these policies must"follow form"and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above (except wot kee's compensation and employers liability) must include Railroad as"Additional Insured"using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Raihoad as additional insured shall, to the extent provided under ISO Additional hnsuud Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) issuance covet age may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages ate prohibited by all states in which this agreement will be performed. H. Licensee -waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by tine woekets compensation and employees liability or commercial umbrella or excess liability obtained by Licensee required in this agreement,where permitted by law This waiver must be stated on the certificate of insurance. I. All insurance policies must be written by a reputable issuance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. J. The fact that insuance is obtained by Licensee or by Railroad on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement Damages recoverable by Railroad fionn Licensee or any third party will not be limited by the amount of the required insuance coverage. Pipeline Crossing 07/20/08 Fonn Approved,AVP-L i%v EXHIBIT D SAFETYSTANDARDS MINIMUM SAFETY REQUIREMENTS The tetin "employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agents, as well as any subcontractor of agent of any Licensee. I. Clothing A. All employees of Licensee will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision,hearing,or fi ee use of their hands or feet. Specifically,Licensee's employees must wear; (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute(ANSI)and FRA foohvear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose of ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery II. Personal Protective Equipment Licensee shall require its employee to wear personal protective equipment as specified by Railroad rules,regulations,or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Licensee's company logo or name. (ii) Eye protection that meets Anerican National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 — latest revision Additional eye protection must be pi ovided to meet specific job situations such as welding,grinding,etc. (iii) Hearing protection,which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Heating protection, in the form of plugs of muffs, must be worn when employees are within; 100 feet of a locomotive or roadwny/work equipment • 15 feet of power operated tools ■ 150 feet of jet blower s or pile drivers ■ 150 feet of retarders in use(when within 10 feet, employees must wear dual ear protection—plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Licensee and its contractor are responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations—49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railioad contractors are responsible for the training of their employees on such regulations, In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a minimum distance of at least twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange,reflectorized work weal approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being per formed.Licensee must take special note of limits of track authority,which tracks may or may not be fouled, and clearing the track. Licensee will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Licensee to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative,any of Licensee's equipment is unsafe for use, Licensee shall remove such equipment from Railroad's property. In addition, Licensee must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition,operators must be: ■ Familiar and comply with Railroad's rules on lockout/tagout of equipment. ■ Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track ■ Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail bound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. . r V. General Safety Requirements A. Licensee shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations B. Licensee shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. Dining this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions,work procedures, or personnel change. C. All track work performed by Licensee meets the minimum safety requirements established by the Federal Railroad Adminishation's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: W Always be on the alert for moving equipment. Employees mast always expect movement on any track,at any time, in either direction. (ii) Do not step or walk on the top of the rail, flog, swatches, guard rails, or other track components. (iii) In passing at ound the ends of standing cats, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening as less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cats except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. DATE: 2012-10-01 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2013-04-01 DESCRIPTION OF WORK: 2012 RECOLLECTIBLE PROGRAM SEATTLE SUBDIVISION MP 168 05 REMOVE AND REPLACE 40 TF OF TRACK FOR CITY TO INSTALL CULVERTS PROJECT IS 100% RECOLLECTIBLE FROM THE CITY OF KENT WASHINGTON PID 79747 AWO: 15961 MP,SUBDIV: 168.05, SEATTLE SERVICE UNIT: 18 CITY: KENT STATE: WA DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ----------- --- ---- ----- -------- ------- ----- ----- ENGINEERING WORK ENGINEERING 3185 3185 3185 LABOR ADDITIVE 211% 6720 6720 6720 _______ ________ ________ ________ -------- TOTAL ENGINEERING 9905 9905 9905 SIGNAL WORK LABOR ADDITIVE 211% 1596 1596 1596 SALES TAX 3 3 3 SIGNAL 756 81 837 837 ------- -------- -------- -------- -------- TOTAL SIGNAL 2352 84 2436 2436 TRACK & SURFACE WORK BALAST 1.00 CL 806 825 1631 1631 BILL PREP FEE 900 900 900 ENVIRONMENTAL - PERMITS 10 10 10 FOREIGN LINE FREIGHT 76 76 76 HOMELINE FREIGHT 900 900 900 LABOR ADDITIVE 211% 34057 34057 34057 MAIL STORE EXPENSE 14 14 14 OTM 1529 282 1811 1811 SALES TAX 72 72 72 TRACK-INSTAL 18255 18255 18255 TRK-5URF,LIN 2874 2874 2874 XTIE 15.00 EA 1180 715 1895 1895 ------- -------- -------- -------- -------- TOTAL TRACK & SURFACE 58701 3794 62495 62495 ------- -------- LABOR/MATERIAL EXPENSE 70958 3878 -------- -------- RECOLLECTIBLE/UPRR EXPENSE 74836 0 -------- ESTIMATED PROJECT COST 74836 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill In All Applicable Boxes A'..sh .arow Reviewed by Director Originator's Nameeh" ( ) e-ttr\ Dept/Div.�W En 06F Extension: 55 Date Sent: i2 - (q— 1 If Date Re ulred: - l- 12. Return to:T6 6 c4 0C(' CONTRACT TERMINATION DATE: VENDOR: P R DATE OF COUNCIL APPROVAL: ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if a licable— Brief Explanation of Document: Aflre [2 `w' AVe. 50. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: r'6 i'°`� "ss � � RE Approval of Law Dept.: DEC 19 2012 Law Dept. Comments: KENT LAW DEPT Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff ((��`` Received: REti/ EN Recommendations and Comments: JAN 2 2013 �/L¢_e� p/2 C� c�OCl4E NS Disposition: Jlzl3 `/% 74 CITY RK Date Returned: 9 V,n ��" M