HomeMy WebLinkAboutPW10-193 - Original - Union Pacific Railroad Company - James Street At-Grade Public Road Crossing - 06/15/2010 T Records Man-a =��a�eme�i 1w
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WASHINGTO„ - Document
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 City Clerk's Office.
Vendor Name: Union Pacific Railroad Company
Vendor Number:
JD Edwards Number
Contract Number: low/o- 173
This is assigned by City Clerk's Office
Project Name: James St. At-Grade Public Road Crossing
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 6/15/1OTermination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Ken Langholz Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Reconstruction and widening of the existing James St. at--grade crossing_
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
UPRR Folder No.: 2488-10
PUBLIC HIGHWAY AT-GRADE
CROSSING AGREEMENT
BETWEEN
UNION PACIFIC RAILROAD COMPANY
AND THE
CITY OF KENT
COVERING THE
RECONSTRUCTION AND WIDENING OF THE EXISTING
JAMES STREET AT-GRADE PUBLIC ROAD CROSSING
AT
RAILROAD MILE POST 167.25 — SEATTLE SUBDIVISION
DOT NO.: 396-578L
IN
KENT,
KING COUNTY,
WASHINGTON
City Original
BUILDING AMERICA°
UPRR Folder No.: 2488-10
O
UPRR Audit No.: 0
PUBLIC HIGHWAY AT-GRADE CROSSING
AGREEMENT
James Street—DOT No.: 396-578L
UPRR Mile Post 167.25 —Seattle Subdivision
Kent, King County, Washington
THIS AGREEMENT ("Agreement") is made and entered into as of the day of
J u wi 20 l o ("Effective Date"), by and between UNION PACIFIC RAILROAD
COMPANY,a Delaware corporation,to be addressed at the Real Estate Department, 1400 Douglas
Street, Mail Stop 1690, Omaha,Nebraska 68179 ("Railroad") and CITY OF KENT, a municipal
corporation or political subdivision of the State of Washington to be addressed at 400 West Gowe
Street, Kent Washington 98032 ("City").
RECITALS:
Presently, there exists an at-grade public road crossing over James Street, DOT No. 396-
578L, at Railroad's Mile Post 167.25 on the Railroad's Seattle Subdivision in Kent, King County,
Washington (the "Crossing"). The Crossing is shown on the Railroad Location Print marked
Exhibit A, attached hereto and hereby made a part hereof.
The City now desires to undertake as its project (the "Project") the reconstruction and
widening of the Crossing as specified on the Detailed Prints collectively marked Exhibit A-1,
attached hereto and hereby made a part hereof. The Crossing, as reconstructed and widened is
hereinafter the"Roadway"and the portion of the Railroad's property where the Roadway crosses the
Railroad's property is the "Crossing Area."
The Crossing Area presently utilized by the City is not sufficient to allow for the
reconstruction and widening of the Roadway. Therefore,under this Agreement,the Railroad will be
granting additional rights to the City to facilitate the reconstruction and widening of the Roadway.
The portion of Railroad's property that City needs to use in connection with the reconstruction and
widening of the Roadway is shown on the Illustrative Print marked Exhibit A-3 and also described
in the Legal Description marked Exhibit A-2, with each exhibit being attached hereto and hereby
made a part hereof(the "Crossing Area").
The Railroad and the City are entering into this Agreement to cover the above.
AGREEMENT:
NOW, THEREFORE,it is mutually agreed by and between the parties hereto as follows:
Section 1. EXHIBIT B
The General Terms and Conditions marked Exhibit B,are attached hereto and hereby made a
Public Road At-Grade Crossing Agreement Articles of Agreement February 10,2010
Form Approved,AVP-Law—05/01/2008 Page 1 of 6
BUILDING AMMCX
part hereof.
Section 2. RAILROAD GRANTS RIGHT
For and in consideration of EIGHT THOUSAND NINE HUNDRED EIGHTY
DOLLARS ($8,980.00) to be paid by the City to the Railroad upon the execution and delivery of
this Agreement and in further consideration of the City's agreement to perform and comply with the
terms of this Agreement,the Railroad hereby grants to the City the right to construct,maintain and
repair the Roadway over and across the Crossing Area.
Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term "Contractor" shall mean the contractor or
contractors hired by the City to perform any Project work on any portion of the Railroad's property
and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's
respective employees, officers and agents, and others acting under its or their authority.
Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT -INSURANCE
A. Prior to Contractor performing any work within the Crossing Area and any subsequent
maintenance and repair work,the City shall require the Contractor to:
• execute the Railroad's then current Contractor's Right of Entry Agreement
• obtain the then current insurance required in the Contractor's Right of Entry
Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the
Railroad.
C'
B. The Railroad's current Contractor's Rijzht of Entry Agreement is marked Exhibit D,attached
hereto and hereby made a part hereof. The City confirms that it will inform its Contractor
that it is required to execute such form of agreement and obtain the required insurance before
commencing any work on any Railroad property.Under no circumstances will the Contractor
be allowed on the Railroad's property without first executing the Railroad's Contractor's
Right of Entry Agreement and obtaining the insurance set forth therein and also providing to
the Railroad the insurance policies, binders, certificates and/or endorsements described
therein.
C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be
sent to:
Senior Manager- Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UPRR Folder No. 2488-10
D. If the City's own employees will be performing any of the Project work,the City may self-
insure all or a portion of the insurance coverage subject to the Railroad's prior review and
approval.
Public Road At-Grade Crossing Agreement Articles of Agreement February 10,2010
Form Approved,AVP-Law—05/01/2008 Page 2 of 6
EULD040 AMERMW
Section 5. FEDERAL AID POLICY GUIDE
If the City will be receiving any federal funding for the Project,the current rules,regulations
and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR
646, Subparts A and B are incorporated into this Agreement by reference.
Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The City agrees that no Project costs and expenses are to be borne by the Railroad. In
addition, the Railroad is not required to contribute any funding for the Project.
Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT
TO CITY; CITY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad,at the City's sole cost and expense,is described in
the Railroad's Material and Force Account Estimates:
• Track&Surface Material Estimate dated February 9,2010,in the amount of$22,740.00,
marked Exhibit C, and
• Sil?nal Material Estimate dated January 27,2010,in the amount of$120,824.00,marked
Exhibit C-1,
each attached hereto and hereby made a part hereof(collectively the "Estimate"). As set
forth in the Estimate, the Railroad's combined estimated cost for the Railroad's work
associated with the Project is ($143,564.00).
B. The Railroad,if it so elects,may recalculate and update the Estimate submitted to the City in
the event the City does not commence construction on the portion of the Project located on
the Railroad's property within six (6) months from the date of the Estimate.
C. The City acknowledges that the Estimate does not include any estimate of flagging or other
protective service costs that are to be paid by the City or the Contractor in connection with
flagging or other protective services provided by the Railroad in connection with the Project
All of such costs incurred by the Railroad are to be paid by the City or the Contractor as
determined by the Railroad and the City. If it is determined that the Railroad will be billing
the Contractor directly for such costs, the City agrees that it will pay the Railroad for any
flagging costs that have not been paid by any Contractor within thirty (30) days of the
Contractor's receipt of billing.
D. The City agrees to reimburse the Railroad for one hundred percent(100%)of all actual costs
incurred by the Railroad in connection with the Project including,but not limited to, actual
costs of preliminary engineering review,construction inspection,procurement of materials,
equipment rental, manpower and deliveries to the job site and all of the Railroad's normal
and customary additives(which shall include direct and indirect overhead costs)associated
therewith.
Section 8. PLANS
A. The City, at its expense, shall prepare, or cause to be prepared by others, the detailed plans
and specifications for the Project and the Structure and submit such plans and specifications
Public Road At-Grade Crossing Agreement Articles of Agreement February 10, 10
Form Approved,AVP-Law—05/O1/2008 Page 3 of 6
BUILDING AhEMCAr
to the Railroad's Assistant Vice President Engineering-Design, or his authorized
representative, for prior review and approval. The plans and specifications shall include all
Roadway layout specifications,cross sections and elevations,associated drainage,and other
appurtenances.
B. The final one hundred percent(100%) completed plans that are approved in writing by the
Railroad's Assistant Vice President Engineering-Design,or his authorized representative,are
hereinafter referred to as the"Plans". The Plans are hereby made a part of this Agreement by
reference.
C. No changes in the Plans shall be made unless the Railroad has consented to such changes in
writing.
D. The Railroad's review and approval of the Plans will in no way relieve the City or the
Contractor from their responsibilities,obligations and/or liabilities under this Agreement,and
will be given with the understanding that the Railroad makes no representations or warranty
as to the validity, accuracy, legal compliance or completeness of the Plans and that any
reliance by the City or Contractor on the Plans is at the risk of the City and Contractor.
Section 9. NON-RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation,
replacing, removing and abandoning in place all non-railroad owned facilities (the "Non
Railroad Facilities") affected by the Project including, without limitation, utilities, fiber
optics,pipelines,wirelines,communication lines and fences is required under Section 8. The
Non Railroad Facilities plans and specifications shall comply with Railroad's standard
specifications and requirements, including, without limitation, American Railway
Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines.
Railroad has no obligation to supply additional land for any Non Railroad Facilities and does
not waive its right to assert preemption defenses, challenge the right-to-take, or pursue
compensation in any condemnation action, regardless if the submitted Non Railroad
Facilities plans and specifications comply with Railroad's standard specifications and
requirements. Railroad has no obligation to permit any Non Railroad Facilities to be
abandoned in place or relocated on Railroad's property.
B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications,
Railroad will attempt to incorporate them into new agreements or supplements of existing
agreements with Non Railroad Facilities owners or operators. Railroad may use its standard
terms and conditions, including, without limitation, its standard license fee and
administrative charges when requiring supplements or new agreements for Non Railroad
Facilities. Non Railroad Facilities work shall not commence before a supplement or new
agreement has been fully executed by Railroad and the Non Railroad Facilities owner or
operator,or before Railroad and City mutually agree in writing to(i)deem the approved Non
Railroad Facilities plans and specifications to be Plans pursuant to Section 813,(ii)deem the
Non Railroad Facilities part of the Structure,and(iii)supplement this Agreement with terms
and conditions covering the Non Railroad Facilities.
Public Road At-Grade Crossing Agreement Articles of Agreement February 10,2010
Form Approved,AVP-Law—05/01/2008 Page 4 of 6
BUILDING AM£RICK
Section 10. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement is effective as of the Effective Date first herein written and shall continue in
full force and effect for as long as the Roadway remains on the Railroad's property.
B. The Railroad,if it so elects,may terminate this Agreement effective upon delivery of written
notice to the City in the event the City does not commence construction on the portion of the
Project located on the Railroad's property within twelve (12) months from the Effective
Date.
C. If the Agreement is terminated as provided above,or for any other reason,the City shall pay
to the Railroad all actual costs incurred by the Railroad in connection with the Project up to
the date of termination,including,without limitation,all actual costs incurred by the Railroad
in connection with reviewing any preliminary or final Project Plans.
Section 11. CONDITIONS TO BE MET BEFORE CITY CAN COMMENCE WORK
Neither the City nor the Contractor may commence any work within the Crossing Area or
on any other Railroad property until:
(i) The Railroad and City have executed this Agreement.
(ii) The Railroad has provided to the City the Railroad's written approval of the Plans.
(iii) Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and
has obtained and/or provided to the Railroad the insurance policies, certificates,
binders, and/or endorsements required under the Contractor's Right of Entry
Agreement.
(iv) Each Contractor has given the advance notice(s) required under the Contractor's
Right of Entry Agreement to the Railroad Representative named in the Contactor's
Right of Entry Agreement.
Section 12. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal and/or
demolition of the Structure shall not commence until Railroad and City agree on the plans for such
future projects, cost allocations, right of entry terms and conditions and temporary construction
rights, terms and conditions.
Section 13. SIGNAL MAINTENANCE.
The Railroad shall,at it's cost and in accordance with State of Washington statues,maintain
the automatic grade-crossing protection at the Crossing.
Section 14. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. City shall not assign this Agreement without the prior written consent of Railroad.
B. Subject to the provisions of Paragraph A above,this Agreement shall inure to the benefit of
and be binding upon the successors and assigns of Railroad and City.
Public Road At-Grade Crossing Agreement Articles of Agreement February 10,2010
Form Approved,AVP-Law—0 510 1/200 8 Page 5 of 6
BUILDING AMMCX
Section 15. TERMINATION OF ORIGINAL AGREEMENT
Upon the completion of the Roadway,the Original Agreement covering the Road Crossing,
(if any) shall terminate and the terms and conditions of this Agreement shall govern the use,
maintenance and repair of the Roadway.
Section 16. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009
If the City will be receiving American Recovery and Reinvestment Act("ARRA")funding
for the Project, the City agrees that it is responsible in performing and completing all ARRA
reporting documents for the Project. The City confirms and acknowledges that Section 1512 of the
ARRA provisions applies only to a "recipient" receiving ARRA funding directly from the federal
government and, therefore, (i) the ARRA reporting requirements are the responsibility of the City
and not of the Railroad and(ii)the City shall not delegate any ARRA reporting responsibilities to the
Railroad. The City also confirms and acknowledges that(i)the Railroad shall provide to the City
the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project
including the Railroad's standard and customary documentation to support such billing and(ii)such
standard and customary billing and documentation from the Railroad provides the information
needed by the City to perform and complete the ARRA reporting documents. The Railroad
confirms that the City and the Federal Highway Administration shall have the right to audit the
Railroad's billing and documentation for the Project as provided in Section 7 of this Agreement.
IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed in
duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Fe al Sfax ID#94-6001323)
By
JAMES P. GADE
Director Contracts
WITNESS: CITY OF KENT
By
Ti e Ma o,r
P BRIGr-.,
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/V ?OVA Y �N'% PUl'Sllant t0 ,w _ 011�+
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i QoB`X '�01 hereto atta lied.
Public Road At-Grade Crossing Agreement Articles of Agreement February 112010
Form Approved,AVP-Law—05/01/2008 Page 6 of 6
2 . EXHIBIT A ` x
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1 Install 16-feet of additional concrete crossing panels;Install 20 UNION PACIFIC RAILROAD COMPANY
cross ties,Install 1 carload of ballast,and other track&
surface materials. SEATTLE SUBDIVISION
2 Install pedestrian flashers;and other signal materials. MILE POST 167 25
3 Flagging&Engineering GPS N 470 23 2039',W 1220 14 5116'
KENT,KING CO,WA
Railroad Location Print of an existing at-grade public
road crossing reconstruction and widening project with the
CITY OF KENT.
Folder No 2488-10 Date-February 10,2010
WARNING
IN ALL OCCASIONS,U P COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCF
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE
PHONE 1-(800)336-9193
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Exhibit A
Sidewalk and Utilities Easement
TL 2422049029
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That portion of the west 100.00 feet of the Union Pacific Railroad right of.Yay
lying within the south 9.00 feet of the north 42 00 feet of the northeast quarter of
the northwest quarter of Section 24, Township 22 North, Range 4 East, W M., in
King County, Washington.
Together with that portion of the Union Pacific Railroad right of way lying easterly
of the west 100.00 feet of said right of way and lying within the south 7.00 feet of
the north 40.00 feet of the northeast quarter of the northwest quarter of said
Section 24
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Exhibit A
Sidewalk and Utilities Easement
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PNWTC #656677
That portion of the east half of the Union Pacific Railroad right of way lying within
the north 10.00 feet of the south 43.00 feet of the southeast quarter of the
southwest quarter of Section 13, Township 22 North, Range 4 East, W.M., in
King County, Washington;
Together with that portion of the west half of the Union Pacific Railroad right of
way lying within the north 13.00 feet of the south 46.00 feet of the southeast
quarter of the southwest quarter of said Section 13.
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EXHIBIT B
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Public Road At-Grade Crossing Agreement ExB
Standard Form Approved,AVP-Law—05/01/2008 BUILDING AMERICK
EXHIBIT B
TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
GENERAL TERMS AND CONDITIONS
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances The City shall not use or
permit use of the Crossing Area for any purposes other than those described in this Agreement Without limiting the foregoing,
the City shall not use or permit use of the Crossing Area for railroad purposes,or for gas,oil or gasoline pipe lines Any lines
constructed on the Railroad's property by or under authority of the City for the purpose of conveying electric power or
communications incidental to the City's use of the property for highway purposes shall be constructed in accordance with
specifications and requirements of the Railroad,and in such manner as not adversely to affect communication or signal lines of
the Railroad or its licensees now or hereafter located upon said property No nonparty shall be admitted by the City to use or
occupy any part of the Railroad's property without the Railroad's written consent Nothing herein shall obligate the Railroad to
give such consent
B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or
purposes In the event the Railroad shall place additional tracks upon the Crossing Area,the City shall, at its sole cost and
expense, modify the Roadway to conform with all tracks within the Crossing Area
C The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or
unrecorded, and also to any renewals thereof The City shall not damage, destroy or interfere with the property or rights of
nonparties in, upon or relating to the Railroad's property, unless the City at its own expense settles with and obtains releases
from such nonparties
D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent
with the right hereby granted, including,but not by way of limitation,the nght to construct,reconstruct,maintain,operate,repair,
alter,renew and replace tracks,facilities and appurtenances on the property,and the right to cross the Crossing Area with all
kinds of equipment
E. So far as it lawfully may do so, the City will assume, bear and pay all taxes and assessments of whatsoever nature or kind
(whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and
against the property as a component part of the Railroad's operating property
F If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the
Roadway and its appurtenances,or for the performance of any work in connection with the Project,the City will acquire all such
other property and rights at its own expense and without expense to the Railroad
SECTION 2. CONSTRUCTION OF ROADWAY
A The City, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the
Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained
B Except as may be otherwise specifically provided herein,the City,at its expense,will furnish all necessary labor,material and
equipment,and shall construct and complete the Roadway and all appurtenances thereof The appurtenances shall include,
without limitation, all necessary and proper highway warning devices(except those installed by the Railroad within its right of
way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the
railroad tracks Upon completion of the Project,the City shall remove from the Railroad's property all temporary structures and
false work, and will leave the Crossing Area in a condition satisfactory to the Railroad
C. All construction work of the City upon the Railroad's property(including,but not limited to,construction of the Roadway and all
appurtenances and all related and incidental work)shall be performed and completed in a manner satisfactory to the Assistant
Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans,and other
guidelines furnished by the Railroad
D All construction work of the City shall be performed diligently and completed within a reasonable time No part of the Project
shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable
conditions as the Railroad may specify It is understood that the Railroad's tracks at and in the vicinity of the work will be in
constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause
delays in the work of the City The City hereby assumes the risk of any such delays and agrees that no claims for damages on
account of any delay shall be made against the Railroad by the City and/or the Contractor
SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the City, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for
which the City is responsible under the provisions of this Agreement,shall injure,damage or destroy any property of the Railroad or
Public Road At-Grade Crossing Agreement ExB Page 1 of 4 Exhibit B
Standard Form Approved,AVP-Law—05/01/2008 General Terms and Conditions
Public Road At-Grade Crossing Agreement ExB
SStandard Form Approved,AVP-Law-05/01/2008 BUILDING AMERICX
of any other person lawfully occupying or using the property of the Railroad,such property shall be replaced or repaired by the City
at the City's own expense, or by the Railroad at the expense of the City, and to the satisfaction of the Railroad's Assistant Vice
President Engineering-Design
SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK
The Railroad may contract for the performance of any of its work by other than the Railroad forces The Railroad shall notify
the City of the contract price within ninety(90)days after it is awarded Unless the Railroad's work is to be performed on a fixed
price basis, the City shall reimburse the Railroad for the amount of the contract
SECTIONS. MAINTENANCE AND REPAIRS
A The City shall,at its own sole expense,maintain,repair,and renew,or cause to be maintained,repaired and renewed,the entire
Crossing Area and Roadway,except the portions between the track tie ends,which shall be maintained by and at the expense of
the Railroad.
B if,in the future,the City elects to have the surfacing material between the track tie ends,or between tracks if there is more than
one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timer planking, the
Railroad,at the City's expense,shall install such replacement surfacing,and in the future,to the extent repair or replacement of
the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area,the City shall bear the
expense of such repairs or replacement
SECTION 6. CHANGES IN GRADE
If at any time the Railroad shall elect,or be required by competent authority to,raise or lower the grade of all or any portion of the
track(s) located within the Crossing Area, the City shall, at its own expense, conform the Roadway to conform with the change of
grade of the trackage
SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or
on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto
between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is
undertaken.
SECTION 8. SAFETY MEASURES: PROTECTION OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost
importance,and in order that the same may be adequately safeguarded, protected and assured,and in order that accidents may be
prevented and avoided,it is agreed with respect to all of said work of the City that the work will be performed in a safe manner and
in conformity with the following standards
A Definitions All references in this Agreement to the City shall also include the Contractor and their respective officers,agents
and employees, and others acting under its or their authority, and all references in this Agreement to work of the City shall
include work both within and outside of the Railroad's property
B Compliance With Laws The City shall comply with all applicable federal, state and local laws, regulations and enactments
affecting the work The City shall use only such methods as are consistent with safety, both as concerns the City,the City's
agents and employees, the officers, agents, employees and property of the Railroad and the public in general The City
(without limiting the generality of the foregoing)shall comply with all applicable state and federal occupational safety and health
acts and regulations All Federal Railroad Administration regulations shall be followed when work is performed on the
Railroad's premises If any failure by the City to comply with any such laws, regulations, and enactments, shall result in any
fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the City shall reimburse, and to the
extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation
attorney's fees, court costs and expenses The City further agrees in the event of any such action, upon notice thereof being
provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad
C No Interference or Delays The City shall not do, suffer or permit anything which will or may obstruct, endanger, interfere
with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines,
installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or
facilities
D Supervision The City, at its own expense, shall adequately police and supervise all work to be performed by the City, and
shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad maybe responsible, or
to property of the Railroad The responsibility of the City for safe conduct and adequate policing and supervision of the Project
shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's
collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by
Public Road At-Grade Crossing Agreement ExB Page 2 of 4 Exhibit B
Standard Form Approved,AVP-Law—05/01/2008 General Terms and Conditions
Public Road At-Grade Crossing Agreement ExB
tStandard Form Approved,AVP-Law-05/01/2008 BUILDING AMERIW
w compliance by the City with any requests or recommendations made by such representatives If a representative of the
Railroad is assigned to the Protect,the City will give due consideration to suggestions and recommendations made by such
representative for the safety and protection of the Railroad's property and operations
E Suspension of Work If at anytime the City's engineers or the Vice President-Engineering Services of the Railroad or their
respective representatives shall be of the opinion that any work of the City is being or is about to be done or prosecuted without
due regard and precaution for safety and security,the City shall immediately suspend the work until suitable, adequate and
proper protective measures are adopted and provided
F. Removal of Debris The City shall not cause, suffer or permit material or debris to be deposited or cast upon,or to slide or fall
upon any property or facilities of the Railroad,and any such material and debris shall be promptly removed from the Railroad's
property by the City at the City's own expense or by the Railroad at the expense of the City The City shall not cause,suffer or
permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area
G Explosives The City shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior
consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the
Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's
property or facilities For the purposes hereof,the"vicinity of the Railroad's property"shall be deemed to be anyplace on the
Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to
the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the
Railroad's property The Railroad reserves the nght to impose such conditions,restrictions or limitations on the transportation,
handling, storage,security and use of explosives as the Railroad,in the Railroad's sole discretion,may deem to be necessary,
desirable or appropriate
H Excavation The City shall not excavate from existing slopes nor construct new slopes which are excessive and may create
hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the
Railroad The City shall not door cause to be done any work which will or may disturb the stability of any area or adversely
affect the Railroad's tracks or facilities The City,at its own expense,shall install and maintain adequate shoring and cribbing
for all excavation and/or trenching performed by the City in connection with construction, maintenance or other work The
shoring and cribbing shall be constructed and maintained with materials and in a manner approved bythe Railroad's Assistant
Vice President Engineering-Design to withstand all stresses likely to be encountered, including any stresses resulting from
vibrations caused oy the Railroad's operations in the vicinity
I. Drainaae The City,at the City's own expense,shall provide and maintain suitable facilities for draining the Roadway and its
appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad The
City, at the City's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and
drainage facilities(either natural or artificial,and including waterfrom the Railroad's culvert and drainage facilities),so that said
waters may not, because of any facilities or work of the City, be impeded,obstructed,diverted or caused to back up,overflow
or damage the property of the Railroad or any part thereof, or property of others The City shall not obstruct or interfere with
existing ditches or drainage facilities
J Notice Before commencing any work, the City shall provide the advance notice to the Railroad that is required under the
Contractor's Right of Entry Agreement
K Fiber Optic Cables Fiber optic cable systems may be buried on the Railroad's property Protection of the fiber optic cable
systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of
revenue and profits City shall telephone the Railroad during normal business hours (7 00 a m to 9 00 p m Central Time,
Monday through Friday, except 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 Railroad's premises to be used by the City If it is, City will telephone the
telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other
protection of the fiber optic cable prior to beginning any work on the Railroad's premises.
SECTION 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority,by the City,or by agreement between the parties,that new or improved
train activated warning devices should be installed at the Crossing Area,the City shall install adequate temporary warning devices
or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have
been installed
SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad
company lawfully using the Railroad's property or facilities
SECTION 11. BOOKS AND RECORDS
Public Road At-Grade Crossing Agreement ExB Page 3 of 4 EXli�bit B
Standard Form Approved,AVP-Law—05/01/2008 General Terms and Conditions
Public Road At-Grade Crossing Agreement ExB
Standard Form Approved,AVP-Law—05/01/2008 BUILDING AMERICA°
%The books, papers, records and accounts of Railroad, so far as they relate to the Items of expense for the materials to be
provided by Railroad under this Project,or are associated with the work to be performed by Railroad underthis Project,shall be open
to Inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized
representatives of City for a period of three(3)years following the date of Railroad's last billing sent to City
SECTION 12. REMEDIES FOR BREACH OR NONUSE
A If the City shall fall,refuse or neglect to perform and abide by the terms of this Agreement,the Railroad,in addition to any other
rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and
appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or
jeopardize the Railroad's employees, and the City will reimburse the Railroad for the expenses thereof.
B Nonuse by the City of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18)
months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the City hereunder
C The City will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement
Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise,which
may have arisen prior to termination
SECTION 13. MODIFICATION -ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing,signed by the
City and the Railroad and specifying with particulanty the nature and extent of such waiver, modification or amendment Any waiver
by the Railroad of any default by the City shall not affect or impair any right arising from any subsequent default This Agreement
and Exhibits attached hereto and made a part hereof constitute the entire understanding between the City and the Railroad and
cancel and supersede any prior negotiations, understandings or agreements,whether written or oral,with respect to the work or
any part thereof
n�
Public Road At-Grade Crossing Agreement ExB Page 4 of 4 Exhibit B
Standard Form Approved,AVP-Law—05/0112008 General Terms and Conditions
Aft�
EXHIBIT C
To Public- Highway At-Grade Crossing
Agreement
A
),Cover Sheet for the
IT
I
rack & Surface Material Estimates,;
DATE: 2010-02-09
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2010-08-10
DESCRIPTION OF WORK:
2009 RECOLLECTIBLE PROJECT
M.P. 167,25 SEATTLE SUB. W. JAMES STREET, KENT, WA. DOT 0396578L
INSTALL 16 T.F. OF CONCRETE CROSSING SURFACE AS A
SIDEWALK EXTENSION TO AN EXISTING CONCRETE CROSSING
COST: 100$ COTY OF KENT - PROJECT ESTIMATED USING FEDERAL ADDITIVES
WITH INDIRECT AND OVERHEAD 205%
PID: 63560 AWO: 89278 MP,SUBDIV: 167.25, SEATTLE
SERVICE UNIT: 18 CITY: KENT STATE: WA
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
----------- --- ---- ----- -------- -------
--
ENGINEERING WORK
ENGINEERING 1000 1000 1000
LABOR ADDITIVE 205% 2050 2050 2050
- ------- - --- - -------- --------
TOTAL ENGINEERING 3050 3050 3050
SIGNAL WORK
LABOR ADDITIVE 205% 925 925 925
SALES TAX 7 7 7
SIGNAL 471 175 646 646
------- -------- -•-`---- -- --- --------
TOTAL SIGNAL 1396 182 1578 1578
TRACK i SURFACE WORK
SALAST 1.00 CL 524 812 1336 1336
BILL PREP 900 900 900
ENVIRONMENTAL - PERMITS 1 1 1
EQUIPMENT RENTAL W/OPER 500 500 500
FOREIGN LINE FREIGHT 123 123 123
HOME LINE FREIGHT 900 900 900
LABOR ADDITIVE 205% 5192 5192 5192
MATL STORE EXPENSE 42 42 42
OTM 93 201 294 294
RDXING 16.00 TF 618 3279 3897 3897
SALES TAX 238 238 238
TRACK-RETIRE 63 63 63
TRK-SURF,LIN 1748 1748 1748
XTIE 20.00 EA 795 2083 2878 2878
------- -------- -------- -------- --------
TOTAL TRACK i SURFACE 9033 9079 18112 18112
------- --------
LABOR/MATERIAL EXPENSE 13479 9261 -------- --------
RECOLLECTIBLE/UPRR EXPENSE 22740 0 --------
ESTIMATED PROJECT COST 22740
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.
O
Exhi6it C
Railroad's Track&Surface Material Estimate
EXHIBIT G I °
ka i i'c
To Public_ Highway At-Grade Crossing
E
Agreement
Cover Sheet for the
4
~Signal Material Estimate
"i
DATE, 2020-01-21
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 VMNTRS EXPIRATION DATE IS t2030-07-28
DESCRIPTION OF WORK:
INSTALL PEDESTRIAN FLASHERS AT KBNT, WA. JAMES ST-
N.P. 167,25 ON THE SEATTLE SUS, DOT 396579L
WORK TO BE PERFORLIRD BY RAILROAD WITH EXPENSE AS BELOW. _
SIGNAL - CITY OF KENT - 1004
ESTIMATED USING FEDERAL ADDITIVES WITH INDIRECT AND 4
OVERHEAD CONSTRUCTION COST - 167.76% i
PID: 63559 AWOL $9277 NP,SUBDIV, 167.25, SEATTLE
SERVICE UNIT: 18 CITY% KENT STATE, WA
I
DESCRIPTION QTY UNIT LABOR NATERIAL RECDLL UPRR TOTAL
-------- ___ ____ _____ ________ _______ _____
ENGINEERING WORK
ENGINEERING 1397 1391 1397
LABOR ADDITIVE 167.76% 10384 X0384 10384
SIG-HWY XNO 4821 4821 4821
------- -------- -------- -------- --------
TOTAL ENGINEERING 16602 16602 16602
SIGNAL WORK
BILL PREP 900 900 900
CONTRACT 1S94 1694 1594
LABOR ADDITIVE 167.76t 40118 40178 40179
METER SERVICE 7500 7500 7500
PERSONAL EXPENSES 12S88 12580 1258E
SALES TAX 637 631 637 11
SIGNAL 23049 15946 36995 38995
TRANSP/IB/OB/RCLN CONTR 1S29 1829 1829
ENVIRONMENTAL-PERI4ITS 1 1 1
TOTAL SIGNAL - 64127 40095 1D4222 104222
_______ ________
LABOR/MATERIAL EXPENSE $0729 40095 -------- -------- j
RECOLLECTIBL£/UPRR EXPENSE 120024 0 --------
ESTIMATED PROJECT COST 120824
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION IN THE EVENT OF
AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF NATERIAL OR TABOR REQUIRED, I
UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
I
f
:
Exhibit -1
Railroad's Signal Material Estim to
ONNsvua of 3133N=
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Exhibit -1
Railroad's Signal Material Esti to
EXHIBIT D
To Public Highway At-Grade Crossing
Agreement
Cover Sheet for the
Contractor's.Right of Entry Agreement
1 15 Y
4
z
February 10, 2010
UPRR Folder No.: 2488-10
To the Contractor:
Before Union Pacific Railroad Company can permit you to perform work on its property for the
reconstruction and widening of the existing James Street at-gradepublic road crossing,it will be necessary
for you to complete and execute two originals of the enclosed Contractor's Right of Entry Agreement.
Please: �
1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor s
Right of Entry Agreement. If a corporation,give the state of incorporation. If a partnership,give the
names of all partners.
2. Fill in the date construction will begin and be completed in Article 5, Paragraph A.
3. Fill in the name of the contractor in the space provided in the signature block at the end of the
Contractor's Right of Entry Agreement. If the contractor is a corporation,the person signing on its
behalf must be an elected corporate officer.
4. Execute and return all copies of the Contractor's Right of Entry Agreement together with your
Certificate of Insurance as required in Exhibit B, in the attached, self-addressed envelope.
5. Include a check made payable to the Union Pacific Railroad Company in the amount of$500.00. If
you require formal billing, you may consider this letter as a formal bill. In compliance with the
Internal Revenue Services' new policy regarding their Form 1099, 1 certify that 94-6001323 is the
Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad
Company is doing business as a corporation.
Under Exhibit B of the enclosed Contractor's Right of Entry Agreement,you are required to procure
Railroad Protective Liability Insurance (RPLI) for the duration of this project. As a service to you, Union
Pacific is making this coverage available to you If you decide that acquiring this coverage from the Railroad
is of benefit to you, please contact Mr. Mike McGrade of Marsh USA @ 800-729-7001, e-mail:
william i smith@a,marsh com.
This agreement will not be accepted by the Railroad Company until you have returned all of the
following to the undersigned at Union Pacific Railroad Company:
1. Executed,unaltered duplicate original counterparts of the Contractor's Right of Entry Agreement;
2. Your check in the amount of$500.00 to pay the required balance due of the required Contractor's
Right of Entry fee. (The Folder Number and the name "Paul G. Farrell" should be written on the
check to insure proper credit). If you require formal billing,you may consider this letter as a formal
bill;
Real Estate Depiti It
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street,MS 1690
Omaha,Nebraska 68179-1690
fax 402 501 0340
3. Copies of all of your up-to-date General Liability, Auto Liability & Workman's Compensation
Insurance Certificates (yours and all contractors), naming Union Pacific Railroad Company as
additional insured;
4. Copy of your up-to-date Railroad Protective Liability Insurance Certificate (yours and all
contractors), naming Union Pacific Railroad Company as additional insured.
RETURN ALL OF THESE REQUIRED ITEMS TOGETHER IN ONE ENVELOPE.
DO NOT MAIL ANY ITEM SEPARATELY.
If you have any questions concerning this agreement,please contact me as noted below.Have a safe
day!
Paul 6. Farrell
Senior Manager Contracts
Phone- (402)544-8620
e-mail pgfarrell@up com
His
no
ML
I;
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street,MS 1690
Omaha,Nebraska 68179-1690
fax 402 501 0340
Contractor's ROE(Generic)08-15-07
Form Approved-AVP Law BUILDING AMERICW
UPRR Folder No.: 2488-10
UPRR Audit No.:
CONTRACTOR'S RIGHT OF ENTRY
AGREEMENT
THIS AGREEMENT is made and entered into as of the day of ,
200_, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation
("Railroad"); and
(NAME OF CONTRACTOR)
a corporation("Contractor").
(State of Corporation)
RECITALS:
Contractor has been hired by the City of Kent ("City") to perform work relating to the
reconstruction and widening of the existing James Street at-gradepublic road crossing(the"work"),
with all or a portion of such work to be performed on property of Railroad in the vicinity of the
Railroad's Mile Post 157.25 on the Railroad's Seattle Subdivision in Kent, King County,
Washington,as such location is in the general location shown on the Railroad Location Print marked
Exhibit A, and as specified on the Detailed Prints collectively marked Exhibit A-1, each attached
hereto and hereby made a part hereof, which work is the subject of a contract dated
between the Railroad and the City.
(Date of Contract)
The Railroad is willing to permit the Contractor to perform the work described above at the
location described above subject to the terms and conditions contained in this Agreement
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows:
ARTICLE 1 - DEFINITION OF CONTRACTOR
For purposes of this Agreement, all references in this agreement to Contractor shall include
Contractor's contractors,subcontractors,officers,agents and employees,and others acting under its
or their authority.
ARTICLE 2 - RIGHT GRANTED; PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and
subject to each and all of the terms, provisions and conditions herein contained, to enter upon and
have ingress to and egress from the property described in the Recitals for the purpose of performing
the work described in the Recitals above. The right herein granted to Contractor is limited to those
Contractor's ROE(Generic)08-15-07 Page 1 of 4 February 10,2010
Form Approved-AVP Law
Contractor's ROE(Generic)08-15-07
Form Approved-AVP Law BUILDING AMERICK
portions of Railroad's property specifically described herein, or as designated by the Railroad
Representative named in Article 4
ARTICLE 3- TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C &D.
The General Terms and Conditions contained in Exhibit B, the Contractor's Insurance
Requirements in Exhibit C and the Minimum Safety Requirements in Exhibit D, each attached
hereto, are hereby made a part of this Agreement.
ARTICLE 4- ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed by
Contractor, or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representative or his or her
duly authorized representative (the "Railroad Representative"):
Mario Ortegon Joe Cobarrubia
Manager Track Maintenance Manager Signal Maintenance
Union Pacific Railroad Company Union Pacific Railroad Company
5424 SE McLoughlin Blvd 1619 River Street NE
Portland, OR 97202 Portland, OR 97227
Phone 503-249-2323 Phone. 503-249-2237
Fax 503-249-2530 Fax 402-233-2307
Cell 503-347-4046 Cell. 541-619-7541
C. Contractor,at its own expense,shall adequately police and supervise all work to be performed by
Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7
of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and
supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's
approval of plans and specifications involving the work, or by Railroad's collaboration in
performance of any work, or by the presence at the work site of a Railroad Representative,or by
compliance by Contractor with any requests or recommendations made by Railroad
Representative.
ARTICLE 5 - TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this Agreement,and
continue until ,unless sooner terminated as herein provided,or
(Expiration Date)
at such time as Contractor has completed its work on Railroad's property,whichever is earlier.
Contractor agrees to notify the Railroad Representative in writing when it has completed its work
on Railroad's property.
B. This Agreement may be terminated by either party on ten(10) days written notice to the other
ply.
Contractor's ROE(Generic)08-15-07 Page 2 of 4 February 10,2010
Form Approved-AVP Law
Contractor's ROE(Generic)08-15-07
Form Approved-AVP Law BUILDING AMERICK
ARTICLE 6 - CERTIFICATE OF INSURANCE.
A. Before commencing any work, Contractor will provide Railroad with the(i)insurance binders,
policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the
insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit
B of this Agreement. if
B. All insurance correspondence,binders,policies, certificates and endorsements shall be sent to:
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, MS 1690
Omaha, NE 68179-1690
UPRR Folder No 2488-10
ARTICLE 7- DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of
Contractor who fails to conform to the instructions of the Railroad Representative in connection with
the work on Railroad's property, and any right of Contractor shall be suspended until such removal
has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of
any such employee from Railroad's property.
ARTICLE 8 - ADMINISTRATIVE FEE.
Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad FIVE
HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling
expenses in connection with the processing of this Agreement.
ARTICLE 9- CROSSINGS.
No additional vehicular crossings(including temporary haul roads)or pedestrian crossings over
Railroad's trackage shall be installed or used by Contractor without the prior written permission of
Railroad.
ARTICLE 10 - EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored on Railroad's property
without the prior written approval of Railroad.
i.
Contractors ROE(Generic)08-15-07 Page 3 of 4 February 10,2010
Form Approved-AVP Law
Contractor's ROE(Generic)08-15-07
Form Approved-AVP Law BUILDING AMERICX
IN
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in
duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID 494-6001323)
By:
PAUL G. FARRELL
Senior Manager Contracts
b
(Name of Contractor)
By
Title:
Contractor's ROE(Generic)08-15-07 Page 4 of 4 February 10,2010
Form Approved-AVP Law
i RAILROAD LOCATION PRINT
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RAILROAD WORK TO BE PERFORMED: EXHIBIT "A"
1 Install 16-feet of additional concrete crossing panels;Install 20 UNION PACIFIC RAILROAD COMPANY
cross ties,Install I carload of ballast, and other track&
surface materials. SEATTLE SUBDIVISION
2 Install pedestrian flashers,and other signal materials. MILE POST 167 25
3 Flagging&Engineering GPS N 470 23 2039',W 1220 14 5116'
KENT,KING CO,WA
To accompany Contractor's Right of Entry Agreement with
(Name of Contractor)
for an existing at-grade public road crossing
reconstruction and widening project
Folder No 2488-10 Date February 10,2010
WARNING
IN ALL OCCASIONS,U P COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE
PHONE 1-(800)336-9193
Exhibit A
Railroad Location Print
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Detailed Print
Contractor's ROE(Generic)-ExB
Form Approved-AVP Law 07-09-07 BUILDING AMERICX
EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
GENERAL TERMS AND CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING.
A Contractor agrees to notify the Railroad Representative at least ten(10)working days in advance of Contractor commencing its
work and at least ten(10)working days in advance of proposed performance of any work by Contractor 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),matenal(s),vehicle(s),orthmg(s)shall be located,operated,placed,or
stored within twenty-five(25)feet of any of Railroad's track(s)at anytime,for any reason,unless and until a Railroad flagman is
provided to watch for trains Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform
Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety
measures If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for
such expenses incurred by Railroad,unless Railroad and a federal,state or local govemmental entity have agreed that Railroad
is to bill such expenses to the federal, state or local governmental entity If Railroad will be sending the bills to Contractor,
Contractor shall pay such bills within thirty(30)days of Contractor's receipt of billing If Railroad performs any flagging,or other
special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its
responsibilities or liabilities set forth in this Agreement
B The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for 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 ore-half times the current hourly rate is paid for overtime,
Saturdays and Sundays,and two and one-half times current hourly rate for holidays Wage rates are subject to change,at any
time,by law or by agreement between Railroad and its employees,and may be retroactive as a result of negotiations or a ruling
of an authorized governmental agency Additional charges on labor are also subject to change If the wage rate or additional
charges are changed,Contractor(or the governmental entity,as applicable)shall pay on the basis of the new rates and charges
C Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the
flagman can be assigned to other Railroad work during a portion of such day,in which event reimbursement will not be required
for the portion of the day during which the flagman is engaged in other Railroad work Reimbursement will also be required for
any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is
required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other
work, even though Contractor may not be working during such time When it becomes necessary for Railroad to bulletin and
assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide
Railroad 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,Contractor will still be required to pay flagging charges for the five(5)day notice period required by union agreement
to be given to the employee,even though flagging is not required for that period An additional ten(10)days notice must then be
given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad
Section 2. LIMITATION 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 Railroad to use and
maintain its entire property including the right and power of Railroad to construct,maintain,repair,renew,use,operate,change,
modify or relocate railroad tracks, roadways,signal,communication,fiber optics,or other wirelines,pipelines and other facilities
upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad
without liability to Contractor or to any other party for compensation or damages
B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
Railroad's property,and others)and the right of Railroad to renew and extend the same,and is made without covenant of title or
for quiet enjoyment
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the
railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others,
unless specifically authorized in advance by the Railroad Representative Nothing shall be done or permitted to be done by
Contractor at anytime that would in any manner impair the safety of such operations When not in use, Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
�I
Contractor's ROE(Generic)-ExB
Form Approved-AVP Law 07-09-07 BUILDING AMERICK
,and materials shall be kept at least fifty(50)feet from the centerline of Railroad's nearest track,and there shall be no vehicular
crossings of Railroads tracks except at existing open public crossings
B Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused
by such railroad operations and work are expected by Contractor,and Contractor agrees that Railroad shall have no liability to
Contractor,or any other person or entity for any such delays The Contractor shall coordinate its activities with those of Railroad
and third parties so as to avoid interference with railroad operations The safe operation of Railroad tram movements and other
activities by Railroad takes precedence over any work to be performed by Contractor
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor
Contractor shall not create, permit or suffer any mechanic's or matenalmen's liens of any kind or nature to be created or enforced
against any property of Railroad for any such work performed Contractor shall indemnify and hold harmless Railroad from and
against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of
such work done, labor performed, or materials furnished If Contractor fads to promptly cause any lien to be released of record,
Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property Protection of the fiber optic cable systems is of extreme
importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits
Contractor shall telephone Railroad during normal business hours(7 00 a rn to 9 00 p m Central Time,Monday through Friday,
except 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 Railroad's property to be used by Contractor If it is, Contractor will telephone the telecommunications
company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber
optic cable Contractor shall not commence any work until all such protection or relocation (if applicable) has been
accomplished.
B In addition to other indemnity provisions in this Agreement,Contractor shall indemnify,defend and hold Railroad harmless from
and against all costs, liability and expense whatsoever(including,without limitation, attorneys'fees,court costs and expenses)
arising out of any act or omission of Contractor,its agents ano/or employees,that causes or contributes to(1)any damage to or
destruction of any telecommunications system on Railroad'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 Railroad's property
Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue
or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or
user of services of the fiber optic cable on Railroad's property
Section 6. PERMITS -COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this Agreement, Contractor 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 7. SAFETY.
A Safety of personnel, property,rail operations and the public is of paramount importance in the prosecution of the work performed
by Contractor Contractor shall be responsible for initiating, maintaining and supervising all safety,operations and programs in
connection with the work Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit C, hereto
attached, to ensure uniformity with the safety standards followed by Railroad's own forces As a part of Contractor's safety
responsibilities,Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to
good safety practices Contractor shall furnish copies of Exhibit C to each of its employees before they enter the lob site
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards
and ensure that its employees are competent and adequately trained in all safety and health aspects of the job
C. Contractor shall have proper 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 Contractor shall promptly notify Railroad of any U S Occupational Safety and Health
Administration reportable injuries Contractor shall have a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work
D If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan") Railroad shall have the right, but not the obligation,to require Contractor 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
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Contractor's ROE(Generic)-ExB
Form Approved-AVP Law 07-09-07 BUILDING AMERA`ICat
Seaton 8. INDEMNITY.
A To the extent not prohibited by applicable statute,Contractor shall indemnify, defend and hold harmless Railroad, its affiliates,
and its and their officers, agents and employees ("Indemnified Parties") from and against any and all loss, damage, injury,
liability,claim,demand,cost or expense(including,without limitation,attomey's,consultant's and experfs fees,and court costs),
fine or penalty(collectively,"loss")incurred by any person(including,without limitation,any indemnified party,contractor,or any
employee of contractor or of any indemnified party)arising out of or in any manner connected with (Q any work performed by
Contractor, or(i) any act or omission of Contractor, its officers, agents or employees, or(ni) any breach of this Agreement by
Contractor
B The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the loss, and shall apply
regardless of any negligence or strict liability of any indemnified party, except where the loss is caused by the sole active
negligence of an indemnified party as established by the final judgment of a court of competent jurisdiction The sole active
negligence of any indemnified party shall not bar the recovery of any other indemnified party
C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions
brought by Contractor's own employees. Contractor waives any immunity it may have under worker's
compensation or industrial insurance acts to indemnify Railroad under this Section 8. Contractor
acknowledges that this waiver was mutually negotiated by the parties hereto.
D No court or jury findings in any employee's suit pursuant to any worker's compensation act or the federal employers'liability act
against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against Railroad
E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration
of this Agreement In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability
Contractor may have to any indemnified party by statute or under common law
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other
property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as
possible and at Contractor's sole expense,restore such fence and other property to the same condition as the same were in before
such fence was taken down or such other property was moved or disturbed Contractor shall remove all of Contractor's tools,
equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property
to the same state and condition as when Contractor entered thereon
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition,covenant or agreement herein contained to be kept,observed and
performed by Contractor shall in no way impair the nght of Railroad to avail itself of any remedy for any subsequent breach or default
Section 11. MODIFICATION -ENTIRE AGREEMENT.
No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad This
Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and
Railroad and cancel and supersede any prior negotiations,understandings or agreements,whetherwritten or oral,with respect to the
work to be performed by Contractor
Section 12. ASSIGNMENT-SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad
Contractor shall be responsible for the acts and omissions of all subcontractors Before Contractor commences any work, the
Contractor shall,except to the extent prohibited by law, (1)require each of its subcontractors to include the Contractor as"Additional
Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities
arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional
Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage, (2) require each of its
subcontractors to endorse their Commercial General Liability Policy with"Contractual Liability Railroads"ISO Form CG 24 17 10 01
(or a substitute form providing equivalent coverage) for the job site, and (3) require each of its subcontractors to endorse their
Business Automobile Policy with"Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site
f
Contractors ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Contractor's ROE(Generic)-ExC
Form Approved-AVP Law 08-15-07 BUILDING AMERICA•
EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
CONTRACTOR'S INSURANCE REQUIREMENTS
Contractor shall,at its sole cost and expense,procure and maintain during the course of the Project and until all Prolectwork on
Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's property and
has cleaned and restored Railroad's property to Railroad's satisfaction,the following insurance coverage
A. Commercial General Liability Insurance Commercial general liability(CGL)with a limit of not less than $5,000,000 each
occurrence and an aggregate limit of not less than$10,000,000 CGL insurance 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 2417 10 01 (or a substitute form providing equivalent coverage)showing
"Union Pacific Railroad Company Property" as the Designated Job Site, and
• Designated Construction Project(s)General Aggregate Limit ISO Form CG 25 03 03 97(or a substitute form providing
equivalent coverage) showing the project on the form schedule
B. Business Automobile Coverage Insurance Business auto coverage written on ISO form CA 00 0110 01 (or a substitute form
providing equivalent liability coverage)with a combined single limit of not less$5,000,000 for each accident and coverage must
include liability arising 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 Certain Operations In Connection With Railroads ISO form CA 20 7010 01 (or a substitute form providing
equivalent coverage) showing"Union Pacific Property"as the Designated Job Site
• Motor Carrier Act Endorsement- Hazardous materials clean up(MCS-90) if required by law.
C. Workers'Compensation and Emplovers' Liability Insurance Coverage must include but not be limited to
• Contractor's statutory liability under the workers'compensation laws of the state where the work is being performed.
• Employers'Liability(Part B)with limits of at least$500,000 each accident,$500,000 disease policy limit$500,000 each
employee
If Contractor 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 Land Act, if applicable
The policy must contain the following endorsement, which must be stated on the certificate of insurance
• Alternate Employer endorsement ISO form WC 00 03 01 A(or a substitute form providing equivalent coverage)showing
Railroad in the schedule as the alternate employer(or a substitute form providing equivalent coverage)
D. Railroad Protective Liability Insurance Contractor 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 as named
insured,with a limit of not less than$2,000,000 per occurrence and an aggregate of$6,000,000 A binder stating the policy
is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to
Railroad
E. Umbrella or Excess Insurance If Contractor utilizes umbrella or excess policies,these policies must"follow form"and afford
no less coverage than the primary policy
F. Pollution Liability Insurance. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form
Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least
$5,000,000 per occurrence and an aggregate limit of$10,000,000
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the
lob site,Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained bythe disposal site operator
for losses arising from the insured facility accepting the materials,with coverage in minimum amounts of$1,000,000 per loss,
and an annual aggregate of$2,000,000
Contractor's ROE(Generic)-ExC Page 1 of 2 Exhibit C
Form Approved-AVID Law 08-15-07 Contractor's Insurance Requirements
Contractor's ROE(Generic)-ExC
Form Approved-AVP Law 08-15-07 BUILDING AMERICK
Other Reaulrements
G. All policy(ies) required above (except worker'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 Railroad as additional insured shall,to the extent provided under ISO Additional Insured
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 Contractor's liability under the indemnity provisions of this Agreement
H. Punitive damages exclusion, if any, must be deleted(and the deletion indicated on the certificate of insurance), unless the law
governing this Agreement prohibits all punitive damages that might arise under this Agreement
I. Contractor 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 This waiver must be stated on the certificate of insurance
J. Prior to commencing the work,Contractor shall furnish Railroad with a certificate(s)of insurance,executed by a duly authorized
representative of each insurer, showing compliance with the insurance requirements in this Agreement
K. All insurance policies must be written by a reputable insurance 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 where the work is being
performed
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractorwiil not be deemed to release or diminish
the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement Damages
recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage
Contractor's ROE(Generic)-ExC Page 2 of 2 Exhibit C
Form Approved-AVP Law 08-15-07 Contractor's Insurance Requirements
Contractor's ROE(Generic)-ExD
Form Approved-AVP Law 07-09-07 BUILDING AMER"
EXHIBIT D
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term"employees"as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent
of Contractor
I. Clothing
A All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their
vision, hearing, or free use of their hands or feet
Specifically, Contractor's employees must wear.
(i) Waist-length shirts with sleeves
(n) Trousers that cover the entire leg If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching
(in) 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 footwear 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 or ragged clothing, neckties,finger rings, or other loose jewelry while operating or working on
machinery
II. Personal Protective Equipment
Contractor shall require its employees 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
Contractor's company logo or name
(n) Eye protection that meets American National Standard (ANSI)for occupational and educational eye and face protection,
Z87 1 —latest revision Additional eye protection must be provided to meet specific job situations such as welding,grinding,
etc
(in) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the lob
site Hearing protection, in the form of plugs or muffs, must be worn when employees are within
■ 100 feet of a locomotive or roadway/work equipment
■ 15 feet of power operated tools
• 150 feet of)et blowers 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
Contractor is 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,railroad 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 distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize
movements
(n) Wear an orange, reflectorized workwear approved by the Railroad Representative
(w) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed Contractor
must take special note of limits of track authority,which tracks mayor may not be fouled,and clearing the track Contractor
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 Contractor to ensure that all equipment is in a safe condition to operate If,in the opinion of the Railroad
Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's
Contractors ROE(Generic)-ExD Page 1 of 2 Exhibit D
Form Approved-AVP Law 07-09-07 Minimum Safety Requirements
Contractor's ROE(Generic)-ExD
Form Approved-AVP Law 07-09-07 BUILDING AMERICK
`property In addition,Contractor 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
railbound 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
V. General Safety Reauirements
A Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations.
B Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad
Representative, if applicable During this briefing,the Railroad Representative will specify safe work procedures,(including On-
Track Safety)and the potential hazards of the lob If any employee has any questions or concerns about the work,the employee
must voice them during the lob briefing Additional job briefings will be conducted during the work as conditions, work
procedures, or personnel change
C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad
Administration's Track Safety Standards 49CFR213
D All employees comply with the following safety procedures when working around any railroad track
(i) Always be on the alert for moving equipment Employees must always expect movement on any track,at anytime,in either
direction
(u) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components
(0i) In passing around the ends of standing cars,engines,roadway machines or work equipment,leave at least20 feet between
yourself and the end of the equipment Do not go between pieces of equipment of the opening is 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 cars 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
Contractor's ROE(Generic)-ExD Page 2 of 2 Exhibit D
Form Approved-AVP Law 07-09-07 Minimum Safety Requirements
4^* REQUEST FOR MAYOR'S SIGNATURE
• Please Fill in All Applicable Boxes
KENT lY rlSN IN GTO N This form must be_printed on cherry paper
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Ken Langholz Phone (Originator) 5516
Date Sent 4/22/10 Date Required: 4/29/10
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE:
VENDOR NAME: Union Pacific Railroad Co DATE OF COUNCIL APPROVAL: 4/21/10
Brief Explanation of Document-
The attached agreement Is for the reconstruction and widening of the existing James Street at-grade public road
crossing For an explanation, please see the attached prepared by Ken
All Contracts Must Be Routed Through the law Department
(This Area to be Completed By the Law Department)
Received:
Approval of Law Dept: ' e-"' F 1 r
Law Dept Comments APR 7 1 2010 ��ti�t ✓v� !
Date Forwarded to Mayor. 511 j 0(I lL
' f
Shaded Areas to Be Completed by Administration Staff
Received:
`,r 1 7
Recommendations & Comments:
/ CtP'OF hfNi
Disposition: J�r /�-q 671 zay
Date Returned:
Iage5870_templatebase 2/07
i.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone. 253-856-5500
KENT Fax- 253-856-6500
WASHJNGTDN Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 25, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: April 5, 2010
From: Ken Langholz, Design Engineering Supervisor
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Union Pacific Railroad Agreement for the James Street Crossing
Motion:
Move to recommend authorization for the Mayor to sign the agreement with
Union Pacific Railroad Company for reconstruction and widening of the
existing James Street crossing in the amount of $143,564 subject to the
terms and conditions approved by the City Attorney and Public Works
Director.
Summary:
The Union Pacific Railroad (UPRR) Agreement includes installation of flashing
pedestrian lights and additional concrete railroad crossing sections at the James
Street crossing. The reconstruction and widening of the crossing is a component of
the James Street at UPRR Non-motorized Improvements project. At its March 2,
2010 meeting, the City Council authorized acceptance of a $235,000 grant from the
Washington State Public Works Board for the project. In addition, the Council
authorized a capital line item to be included in the 2011 budget in the amount of
$235,000 for City matching funds. The estimated cost of the project, including the
UPRR agreement, is $470,000.
A SEPA requirement of the ShoWare Center was to provide pedestrian
improvements along James Street between the Kent/James Street Park and Ride lot
west of the Union Pacific Railroad tracks and the ShoWare Center. These
improvements include pedestrian gates or flashing lights at the UPRR, additional
concrete railroad crossing sections, and widened sidewalks on both sides of James
Street between the ShoWare Center and the Park and Ride Lot. Federal regulations
require the railroad work to be performed by UPRR.
Budget Impact:
There is no additional budget impact beyond the $235,000 authorized at the March
21 2010 Council meeting.