HomeMy WebLinkAboutCAG2023-188 - Original - Burlington Northern Santa Fe Railway (BNSF) - 2023 BNSF Railroad Quiet Zone - 03/31/2023 DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9 NT OFFICIAL USE ONLY
Sup/Mgr:
greement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Toby Hallock Public Works
Date Sent: Date Required:
c 03/23/2023 03/29/2023
Q Authorized to Sign: Date of Council Approval:
Q QMayor or Designee 01/17/2023
Budget Account Number: Grant? Yes NoE]
R00016
Budget?W]Yes E]No Type: N/A
Vendor Name: Category.
Burlington Northern Santa Fe Railway (BNSF) Contract
Vendor Number: Sub-Category:
Original
0
Project Name: 2023 BNSF Railroad Quiet Zone
cProject Details: Safety Improvements at seven crossings to build towards a
r_ railroad Quiet Zone on the BNSF tracks.
c
Agreement Amount:
Basis for Selection of Contractor:
E *Memo to Mayor must be attached
i Start Date: Termination Date:
Q Local Business? Yes Fv—(]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
F—]YesF—]No CAG2023-188
Comments:
This agreement with BNSF Railway allows the City to construct the planned
3 safety improvements at seven crossings on the BNSF tracks. A grant from
Washington Department of Commerce will reimburse the City for the real
estate costs and the signal costs discussed in this agreement. Costs are
0 expected to be finalized within the next 90 days or shortly thereafter.
3 �
a,
cc
Date Received:City Attorney: 3/23/23 Date Routed:Mayor's Office /24/23 City Clerk's Office 3/28/23
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
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Contract Number: BF-20237650
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GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT
BNSF File No.: BF-20237650
Mile Post 14.1X-17.1X
Line Segment 51
U.S. DOT Number 085642Y, 085640K, 085639R, 085637C, 085636V, 085633A,
085629K, 085625H
Subdivision Seattle
This Agreement ("Agreement"), is executed to be effective as of 3/31/2023 ,_2023
"Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware
corporation ("BNSF" or "Railway") and the City of Kent, a political subdivision of the
State of Washington ("Agency").
RECITALS
WHEREAS, BNSF owns and operates a line of railroad in and through the City of Kent,
State of Washington;
WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is
undertaking a project to improve the existing S 259t", E Willis, E Titus, E Gowe, E Meeker,
E Smith, E James, and S 212th at-grade crossings, located at BNSF Line Segment and
Milepost , and designated by D.O.T. No. 085642Y, 085640K, 085639R, 085637C,
085636V, 085633A, 085629K, 085625H, by making improvements which consists of
construction of curbs, gutters, sidewalks, curb ramps, concrete traffic medians, HMA
pavement, pavement markings, relocation of streetlights, installation of fencing, and
posting of new signs all near the BNSF railroad tracks within the existing roadway
easement across the BNSF right-of-way as indicated on the Exhibit A, attached hereto
and incorporated herein; and
WHEREAS, the Agency desires to preempt the highway traffic control signals with the
grade crossing warning devices shown on Exhibit A; and
WHEREAS, "BNSF" agrees to allow the Agency to preempt the highway traffic control
signals with the grade crossing warning devices indicated on Exhibit A.
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WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit
from the installation of advance warning signs, pavement marking stop bars or crossing
signal equipment (hereinafter collectively called, "Crossing Signal Equipment"); and
WHEREAS, the Agency is paying for the acquisition and installation of crossing signal
equipment at S 259t", E Willis, E Titus, E Gowe, E Meeker, E Smith, E James, and S 212t"
St with State funding.
WHEREAS, the BNSF agrees to purchase and install, at AGENCY'S sole expense, the
crossing signal equipment described in the scope of work herein, and upon the terms and
conditions set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
parties contained herein, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
ARTICLE I — SCOPE OF WORK
1) The term "Project" as used herein includes any and all work related to the
construction of improvements which consists of construction of curbs, gutters,
sidewalks, curb ramps, concrete traffic medians, HMA pavement, pavement markings,
relocation of streetlights, installation of fencing, and posting of new signs all near the
BNSF railroad tracks at locations including S 259th, E Willis, E Titus, E Gowe, E
Meeker, E Smith, E James, and S 212th St by Agency and installation of LED
upgrades and crossing modifications at U.S. D.O.T No. 085642Y, 085640K,
085639R, 085637C, 085636V, 085633A, 085629K, 085625H, (hereinafter referred to
as the "Crossing") by BNSF, more particularly described on the Exhibit A, including,
but not limited to, any and all changes to telephone, telegraph, signal and electrical
lines and appurtenances, temporary and permanent track work, fencing, grading,
alterations to or new construction of drainage facilities, preliminary and construction
engineering and contract preparation.
ARTICLE II — RAILROAD OBLIGATIONS
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Contract Number: BF-20237650
In consideration of the covenants of Agency set forth herein and the faithful
performance thereof, BNSF agrees as follows:
1) Upon Agency's payment to BNSF of an administrative fee in the sum of Two Thousand
Five Hundred and No/100 Dollars ($2,500), BNSF hereby grants to Agency, its
successors and assigns, upon and subject to the terms and conditions set forth in this
Agreement, the right to enter upon and use the portion of BNSF's right-of-way as is
necessary to construct the Project and thereafter operate and maintain, the Crossings
as described further on Exhibit A-1, excepting and reserving BNSF's rights, and the
rights of any others who have obtained, or may obtain, permission or authority from
BNSF, to do the following:
A. Operate, maintain, renew and/or relocate any and all existing railroad track or
tracks, wires, pipelines and other facilities of like character upon, over or under the
surface of said right-of-way;
B. Construct, operate, maintain, renew and/or relocate upon said right-of-way,
without limitation, such facilities as the BNSF may from time to time deem
appropriate;
C. Otherwise use or operate the right-of-way as BNSF may from time to time deem
appropriate.
Within 90 days of the issuance of the Notice to Proceed pursuant to Article III, Section
16, Agency shall pay to BNSF the additional sum of $TBD (based on third party
appraisal value as prepared and paid for by Agency) and in exchange, BNSF will grant
to Agency, its successors and assigns, an easement ("Easement") to enter upon and
use that portion of BNSF's right-of-way as is necessary to use and maintain the
Crossing. The Easement shall be substantially in the form of Exhibit B attached to this
Agreement. If Agency fails to pay BNSF within the 90-day time period set forth in this
section, BNSF may stop construction of the Project until full payment is made.
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2) BNSF will furnish all labor, materials, tools, and equipment for railroad work required
for the construction of the Project, such railroad work and the estimated cost thereof
being as shown on Exhibit D attached hereto and made a part hereof. In the event
construction on the Project has not commenced within six (6) months following the
Effective Date, BNSF may, in its sole and absolute discretion, revise the cost
estimates set forth in said Exhibit D. In such event, the revised cost estimates will
become a part of this Agreement as though originally set forth herein. Any item of
work incidental to the items listed on Exhibit D not specifically mentioned therein may
be included as a part of this Agreement upon written approval of Agency, which
approval will not be unreasonably withheld. Construction of the Project may include
the following railroad work by BNSF, provided BNSF completes the related railway
work prior to June 30, 2023 and invoiced to Agency by July 10, 2023:
A. Procurement of materials, equipment and supplies necessary for the railroad
work;
B. Preliminary engineering, design, and contract preparation;
C. Furnishing of flagging services during construction of the Project as required and
set forth in further detail on Exhibit C, attached to this Agreement and made a part
hereof;
D. Furnishing engineering and inspection as required in connection with the
construction of the Project;
E. Installation of Crossing Signal Equipment as shown on Exhibit A
F. Make such changes in the alignment, location and elevation of its telephone,
telegraph, signal and/or wire lines and appurtenances along, over or under the
tracks, both temporary and permanent, as may become necessary by reason of
the construction of the Project.
3) BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost
basis, when BNSF, in its sole discretion, determines it is required by its labor
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agreements to perform such work with its own employees working under applicable
collective bargaining agreements.
4) Agency agrees to reimburse BNSF for work of an emergency nature caused by
Agency or Agency's contractor in connection with the Project which BNSF deems is
reasonably necessary for the immediate restoration of railroad operations, or for the
protection of persons or BNSF property. Such work may be performed by BNSF
without prior approval of Agency and Agency agrees to fully reimburse BNSF for all
such emergency work.
5) BNSF may charge Agency for insurance expenses, including self-insurance
expenses, when such expenses cover the cost of Employer's Liability (including,
without limitation, liability under the Federal Employer's Liability Act) in connection with
the construction of the Project. Such charges will be considered part of the actual
cost of the Project, regardless of the nature or amount of ultimate liability for injury,
loss or death to BNSF's employees, if any.
6) During the construction of the Project, BNSF will send Agency progressive invoices
detailing the costs of the railroad work performed by BNSF under this Agreement, with
final invoice provided to Agency no later than July 10, 2023. Invoices provided after
July 10, 2023 will only be paid to BNSF if Agency is able to get reimbursed by Grant
Funding Agency. Agency must reimburse BNSF for completed force-account work
within thirty (30) days of the date of the invoice for such work. Upon completion of the
Project, BNSF will send Agency a detailed invoice of final costs, segregated as to
labor and materials for each item in the recapitulation shown on Exhibit D. Pursuant
to this section and Article IV, Section 7 herein, Agency must pay the final invoice within
ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of
.033% per day (12% per annum) on any unpaid sums or other charges due under this
Agreement which are past its credit terms. The finance charge continues to accrue
daily until the date payment is received by BNSF, not the date payment is made or the
date postmarked on the payment. Finance charges will be assessed on delinquent
sums and other charges as of the end of the month and will be reduced by amounts
in dispute and any unposted payments received by the month's end. Finance charges
will be noted on invoices sent to Agency under this section.
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ARTICLE III — AGENCY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful performance
thereof, Agency agrees as follows:
1) Agency must furnish to BNSF plans and specifications for the Project. Said plans
(reduced size 11" x 17"), showing the plan and profile of the roadway work on BNSF
right-of-way and marked as Exhibit A, attached hereto and made a part hereof, must
be submitted to BNSF for the development of railroad work cost estimates.
2) Agency must make any required application and obtain all required permits and
approvals for the construction of the Project.
3) Agency must acquire all rights of way necessary for the construction of the Project.
4) Agency must make any and all arrangements, in compliance with BNSF's Utility
Accommodation Manual (http://www.bnsf.com/communities/fags/pdf/utility.pdf), for
the installation or relocation of wire lines, pipe lines and other facilities owned by
private persons, companies, corporations, political subdivisions or public utilities other
than BNSF which may be necessary for the construction of the Project.
5) Agency may at its discretion construct the Project as shown on the attached Exhibit
A as Amended during the Project with BNSF Manager Public Projects approval, and
do all work ("Agency's Work") provided for in the plans and specifications for the
Project, except railroad work that will be performed by BNSF hereunder. Agency or
its contractors must furnish all labor, materials, tools and equipment for the
performance of Agency's Work. The principal elements of Agency's Work are as
follows:
A. Design and Construction of traffic and safety improvements at S 259t", E Willis, E
Titus, E Gowe, E Meeker, E Smith, E James, and S 212t" St crossings.
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B. Installation of a pavement marking stop bar in accordance with the Manual on
Uniform Traffic Control Devices (hereinafter called, "MUTCD");
C. Installation of advance warning signs in accordance with the MUTCD
D. Perform all necessary grading and paving, including backfill of excavations and
restoration of disturbed vegetation on BNSF's right-of-way;
E. Provide suitable drainage, both temporary and permanent;
F. Provide all barricades, lights, flagmen or traffic control devices necessary for
preventing vehicular traffic from using a portion of the Crossing, during the
installation of the concrete crossing surfaces, and also during the installation of the
Crossing Signal Equipment.
G. Job site cleanup including removal of all construction materials, concrete debris,
surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste
materials to the satisfaction of BNSF;
H. Provide BNSF in writing with the total time required from start of preempt cycle of
highway traffic control signals until arrival of the train at the highway-rail crossing.
I. Connect the highway traffic control signals to the contact terminals in the interface
box including all necessary cable and conduit.
J. Install the interconnection of existing highway traffic control signals.
6) The Agency will approve the location of the relocated signals and signal bungalow
prior to the installation by BNSF.
7) The Agency must have advanced railroad crossing signs and standard pavement
markings in place at the crossing shown on Exhibit A (if the same are required by the
MUTCD) prior to the acceptance of this Project by the Agency.
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8) The Agency must give BNSF's Manager Public Projects written notice to proceed
("Notice to Proceed") with the railroad portion of the work after receipt of necessary
funds for the Project. BNSF will not begin the railroad work (including, without
limitation, procurement of supplies, equipment, or materials) until written Notice to
Proceed is received from Agency.
9) The Agency's Work must be performed by Agency or Agency's contractor in a manner
that will not endanger or interfere with the safe and timely operations of BNSF and its
facilities.
10) For any future inspection or maintenance, either routine or otherwise, performed
by subcontractors on behalf of the Agency, Agency shall require the subcontractors
to comply with the provisions of the attached Exhibit C and execute the agreement
attached hereto as Exhibit C-1. Prior to performing any future maintenance with its
own personnel, Agency shall: comply with all of BNSF's applicable safety rules and
regulations; require any Agency employee performing maintenance to complete the
safety training program at the BNSF's Internet Website
"www.contractororientation.com"; notify BNSF when, pursuant to the requirements of
Exhibit C, a flagger is required to be present; procure, and have approved by BNSF's
Risk Management Department, Railroad Protective Liability insurance.
11) Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty
(30) calendar days prior to requesting a BNSF flagman in accordance with the
requirements of Exhibit C attached hereto. Additionally, Agency must require its
contractor(s) to notify BNSF's Manager of Public Projects thirty (30) calendar days
prior to commencing work on BNSF property or near BNSF tracks.
12) Agency must include the following provisions in any contract with its contractor(s)
performing work on said Project ("Contractor"):
A. The Contractor is placed on notice that fiber optic, communication and other cable
lines and systems (collectively, the "Lines") owned by various telecommunications
companies may be buried on BNSF's property or right-of-way. The locations of
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these Lines have been included on the plans based on information from the
telecommunications companies. The Contractor will be responsible for contacting
BNSF and the telecommunications companies and notifying them of any work that
may damage these Lines or facilities and/or interfere with their service. The
Contractor must also mark all Lines shown on the plans or marked in the field in
order to verify their locations. The Contractor must also use all reasonable
methods when working in the BNSF right-of-way or on BNSF property to determine
if any other Lines (fiber optic, cable, communication or otherwise) may exist.
B. Failure to mark or identify these Lines will be sufficient cause for BNSF's
engineering representative Marshall Flores at (253) 591-3000 to stop construction
at no cost to the Agency or BNSF until these items are completed.
C. The Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interfere with the construction. The Contractor must cooperate fully
with any telecommunications company(ies) in performing such rearrangements.
D. In addition to the liability terms contained elsewhere in this Agreement, the
Agency's contract with the Contractor must require the Contractor to adhere to the
following:
Contractor hereby waives, releases, indemnifies, defends and holds harmless
Railway for all judgments, awards, claims, demands, and expenses (including
attorneys' fees), for injury or death to all persons, including Railway's and
Contractor's officers and employees, and for loss and damage to property
belonging to any person, arising in any manner from Contractor's or any of
Contractor's subcontractors' acts or omissions or any work performed on or about
Railway's property or right-of-way.
This obligation shall not include such claims, costs, damages, or expenses which
may be caused by the sole negligence of Railway or its contractors, agents or
employees; Provided, that if the claims or damages are caused by or result from
the concurrent negligence or other acts or omissions of (a) Railway, its
contractors, agents or employees and (b) Contractor, its subcontractors, agents or
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employees, this provision shall be valid and enforceable only to the extent of the
negligence of the Contractor, its subcontractors, agents or employees.
It is mutually negotiated between the parties that the indemnification obligation
shall include all claims brought by Contractor's employees against Railway, its
agents, servants, employees or otherwise, and Contractor expressly waives its
immunity under the industrial insurance act (RCW Title 51) and assumes potential
liability for all actions brought by its employees.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR
INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST
RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING
CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR
THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED.
Contractor further agrees, at its expense, in the name and on behalf of Railway,
that it will adjust and settle all claims made against Railway, and will, at Railway's
discretion, appear and defend any suits or actions of law or in equity brought
against Railway on any claim or cause of action arising or growing out of or in any
manner connected with any liability assumed by Contractor under this Agreement
for which Railway is liable or is alleged to be liable. Railway will give notice to
Contractor, in writing, of the receipt or dependency of such claims and thereupon
Contractor must proceed to adjust and handle to a conclusion such claims, and in
the event of a suit being brought against Railway, Railway may forward summons
and complaint or other process in connection therewith to Contractor, and
Contractor, at Railway's discretion, must defend, adjust, or settle such suits and
protect, indemnify, and save harmless Railway from and against all damages,
judgments, decrees, attorney's fees, costs, and expenses growing out of or
resulting from or incident to any such claims or suits.
In addition to any other provision of this Agreement, in the event that all or any
portion of this Article shall be deemed to be inapplicable for any reason, including
without limitation as a result of a decision of an applicable court, legislative
enactment or regulatory order, the parties agree that this Article shall be
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interpreted as requiring Contractor to indemnify Railway to the fullest extent
permitted by applicable law.
It is mutually understood and agreed that the assumption of liabilities and
indemnification provided for in this Agreement survive any termination of this
Agreement.
13)Agency must require compliance with the obligations set forth in this agreement,
including Exhibit C and Exhibit C-1, and incorporate in each prime contract for
construction of the Project, or the specifications therefor (i) the provisions set forth in
Article III and IV; and (ii) the provisions set forth in Exhibit C and Exhibit C-1, attached
hereto and by reference made a part hereof.
14)Except as otherwise provided below in this Section 13, all construction work performed
hereunder by Agency for the Project will be pursuant to a contract or contracts to be
let by Agency, and all such contracts must include the following:
A. All work performed under such contract or contracts within the limits of BNSF's
right-of-way must be performed in a good and workmanlike manner in accordance
with plans and specifications approved by BNSF;
B. Changes or modifications during construction that affect safety or BNSF operations
must be subject to BNSF's approval;
C. No work will be commenced within BNSF's right-of-way until each of the prime
contractors employed in connection with said work must have (i) executed and
delivered to BNSF an agreement in the form of Exhibit C-I, and (ii) delivered to and
secured BNSF's approval of the required insurance; and
D. If it is in Agency's best interest, Agency may direct that the construction of the
Project be done by day labor under the direction and control of Agency, or if at any
time, in the opinion of Agency, the contractor has failed to prosecute with diligence
the work specified in and by the terms of said contract, Agency may terminate its
contract with the contractor and take control over the work and proceed to
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complete the same by day labor or by employing another contractor(s) provided;
however, that any contractor(s) replacing the original contractor(s) must comply
with the obligations in favor of BNSF set forth above and, provided further, that if
such construction is performed by day labor, Agency will, at its expense, procure
and maintain on behalf of BNSF the insurance required by Exhibit C-1.
E. To facilitate scheduling for the Project, Agency shall have its contractor give
BNSF's Roadmaster 30 days advance notice of the proposed times and dates for
work windows. BNSF and Agency's contractor will establish mutually agreeable
work windows for the Project. BNSF has the right at any time to revise or change
the work windows, due to train operations or service obligations. BNSF will not be
responsible for any additional costs and expenses resulting from a change in work
windows. Additional costs and expenses resulting from a change in work windows
shall be accounted for in the contractor's expenses for the Project.
15)Agency must advise the appropriate BNSF Manager Public Projects, in writing, of the
completion date of the Project within thirty (30) days after such completion date.
Additionally, Agency must notify BNSF's Manager Public Projects, in writing, of the
date on which Agency and/or its Contractor will meet with BNSF for the purpose of
making final inspection of the Project.
16)TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF
WASHINGTON, AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND
HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS,
SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND
AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS,
DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS,
JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT
COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF
ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE
PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF,
RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (1) THE USE,
OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS,
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SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE
CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY
THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR
AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE
SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR
ABOUT THE CONSTRUCTION SITE, (IV) AGENCY'S BREACH OF THE
TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO
AGENCY PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS
OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS
AGREEMENT, (VI) AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY
OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT
MAINTENANCE OF THE STRUCTURE BY AGENCY, OR (VII) AN ACT OR
OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES
OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY
ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER.
THE LIABILITY ASSUMED BY AGENCY WILL APPLY ONLY TO THE EXTENT OF
THE NEGLIGENCE OF AGENCY, ITS AGENTS OR EMPLOYEES, AND THIS WILL
NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE,
DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED
TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR
OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE
PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE
NEGLIGENCE OF BNSF.
It is mutually negotiated between the parties that the indemnification obligation
shall include all claims brought by Agency's employees against BNSF, its
agents, servants, employees or otherwise, and Agency expressly waives its
immunity under the industrial insurance act (RCW Title 51) and assumes
potential liability for all actions brought by its employees.
ARTICLE IV — JOINT OBLIGATIONS
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IN CONSIDERATION of the premises, the parties hereto mutually agree to the following:
1) All work contemplated in this Agreement must be performed in a good and
workmanlike manner and each portion must be promptly commenced by the party
obligated hereunder to perform the same and thereafter diligently prosecuted to
conclusion in its logical order and sequence. Furthermore, any changes or
modifications during construction which affect BNSF will be subject to BNSF's
approval prior to the commencement of any such changes or modifications.
2) The work hereunder must be done in accordance with the Exhibit A and the detailed
plans and specifications approved by BNSF.
3) Agency must require its Contractor(s) to reasonably adhere to the Project's
construction schedule for all Project work. The parties hereto mutually agree that
BNSF's failure to complete the railroad work in accordance with the construction
schedule due to inclement weather or unforeseen railroad emergencies will not
constitute a breach of this Agreement by BNSF and will not subject BNSF to any
liability. Regardless of the requirements of the construction schedule, BNSF reserves
the right to reallocate the labor forces assigned to complete the railroad work in the
event of an emergency to provide for the immediate restoration of railroad operations
of either BNSF or its related railroads, or to protect persons or property on or near any
BNSF owned property. BNSF will not be liable for any additional costs or expenses
resulting from any such reallocation of its labor forces. The parties mutually agree
that any reallocation of labor forces by BNSF pursuant to this provision and any direct
or indirect consequences or costs resulting from any such reallocation will not
constitute a breach of this Agreement by BNSF.
4) BNSF will have the right to stop construction work on the Project if any of the following
events take place: (i) Agency (or any of its contractors) performs the Project work in a
manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or
any of its contractors), in BNSF's opinion, prosecutes the Project work in a manner
that is hazardous to BNSF property, facilities or the safe and expeditious movement
of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled
during the course of the Project; or (iv) Agency fails to pay BNSF for the Temporary
Construction License or the Easement pursuant to Article II, Section 1 of this
Agreement. The work stoppage will continue until all necessary actions are taken by
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Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division
Engineer or until proof of additional insurance has been delivered to and accepted by
BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction
License, or (iii) the Easement, BNSF may immediately terminate the Temporary
Construction License or the Easement. Any such work stoppage under this provision
will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is
in addition to any other rights BNSF may have including, but not limited to, actions or
suits for damages or lost profits. In the event that BNSF desires to stop construction
work on the Project, BNSF agrees to immediately notify the following individual in
writing:
Toby Hallock
_ 220 Fourth Avenue South, Kent, WA 98032
Main 253-856-5500 1 Direct 253-856-5536
thallock@kentwa.gov
5) Agency must supervise and inspect the operations of all Agency contractors to ensure
compliance with the plans and specifications approved by BNSF, the terms of this
Agreement and all safety requirements of BNSF. If BNSF determines that proper
supervision and inspection are not being performed by Agency personnel at any time
during construction of the Project, BNSF has the right to stop construction (within or
adjacent to its operating right-of-way). Construction of the Project will not proceed
until Agency corrects the situation to BNSF's reasonable satisfaction. If BNSF feels
the situation is not being corrected in an expeditious manner, BNSF will immediately
notify Toby Hallock_for appropriate corrective action.
6) Pursuant to this section and Article II, Section 6 herein, Agency must, out of funds
made available to it for the construction of the Project, reimburse BNSF in full for the
actual costs of all work performed by BNSF under this Agreement (including taxes,
such as applicable sales and use taxes, business and occupation taxes, and similar
taxes), less BNSF's Share as set forth in Article IV, Section 6 herein.
7) All expenses detailed in statements sent to Agency pursuant to Article II, Section 6
herein will comply with the terms and provisions of the Title 23 U.S. Code, Title 23
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Code of Federal Regulations, and the Federal-Aid Policy Guide, U.S. Department of
Transportation, as amended from time to time, which manual is hereby incorporated
into and made a part of this Agreement by reference. The parties mutually agree that
BNSF's preliminary engineering, design, and contract preparation costs described in
Article II, Section 2 herein are part of the costs of the Project even though such work
may have preceded the date of this Agreement.
8) The construction of the Project will not commence until Agency gives BNSF's Manager
Public Projects thirty (30) days prior written notice of such commencement. The
commencement notice will reference BNSF's file number: BF-20237650 and D.O.T.
Crossing No. 085642Y, 085640K, 085639R, 085637C, 085636V, 085633A, 085629K,
or 085625H and must state the time that construction activities will begin.
9) In addition to the terms and conditions set forth elsewhere in this Agreement, BNSF
and the Agency agree to the following terms upon completion of construction of the
Project:
A. Agency will own and be fully responsible for repairs, maintenance, future
construction or reconstruction of the S 259th, E Willis, E Titus, E Gowe, E
Meeker, E Smith, E James, and S 212th St roadways for the portion of the
roadways starting at 1' outside the outer rails or outside the extents of the
concrete crossing surface whichever is greater in accordance with state and
federal law in perpetuity as long as Agency is provided access to these
improvements. Agency will, however, maintain pavement markings and other
channelization for its roadways. Asphalt replacement between the tracks may
be considered by Agency during the course of construction of an Agency's
Capital Project through the crossing, provided, BNSF provides at their cost all
flaggers and other railroad permits and approvals necessary for Agency to
complete the work. Agency will also work with the Railroad, and the Railroad
will grant Agency permanent easements allowing Agency access to maintain
and operate all Project improvements as described in Article II (1) above
provided proper railroad permits, right of entries, and protections are acquired
by the Agency to ensure safety while working within foul (25 ft) of the tracks.
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B. Agency will maintain the existing roadway elevations of the S 259th, E Willis, E
Titus, E Gowe, E Meeker, E Smith, E James, and S 212th St roadway
approaches to as closely match the existing road elevations as possible, and
for future Agency grade crossing improvement projects to match elevations on
the railroad track crossing surfaces of no more than three (3) inches above or
six (6) inches below top-of-rail elevation at a distance measured thirty (30) feet
from the nearest rail.
C. Agency will maintain the advanced railroad crossing warning signs and
pavement markings and agrees to hold harmless and indemnify BNSF for any
claims, damages or losses, in whole or in part, caused by or due to the
Agency's failure to maintain the advanced warning signs and markings or other
requirements of the MUTCD.
D. Agency will do nothing and permit nothing to be done in the maintenance of the
259th, Willis, Titus, Gowe, Meeker, Smith, James, and 212th roadway, which
will interfere with or endanger facilities of BNSF.
E. It is expressly understood by Agency and BNSF that any right to install utilities
will be governed by a separate permit or license agreement between the parties
hereto.
F. BNSF will, at its sole cost and expense, operate and maintain the Crossing
Signal Equipment (LED Signals) as updated and Crossing Signal Control
House. Any improvements made directly by BNSF made as a part of this
Agreement will be maintained by BNSF for 10 years from date of project
completion. Any required changes in this initial 10 year timeframe by BNSF
will be negotiated with the Agency.
G. Notwithstanding the preceding provision, if any regulations, ordinances, acts,
rules or other laws subsequently passed or amended by the Agency or any
other governmental or legislative authority increase the Agency's portion of
maintenance cost under this Agreement, BNSF will receive the benefit of any
such regulations, ordinances, acts, rules or other laws and the Agency's
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increased portion of maintenance costs will be incorporated into and made a
part of this Agreement.
H. If a railway or highway improvement project necessitates rearrangement,
relocation, or alteration of the Crossing Signal Equipment, Crossing Signal
House, installed hereunder, the costs for such rearrangement, relocation or
alteration will be the responsibility of the party requesting such changes.
I. If any of the Crossing Signal Equipment is partially or wholly destroyed, then
such repair and/or replacement costs must be distributed among the parties
as follows:
i) In the event the BNSF's sole negligence destroys or damages the
Crossing Signal Equipment and/or the Crossing Signal House, BNSF
must, at its sole cost and expense, replace or repair such Crossing Signal
Equipment and/or Crossing Signal House.
ii) In the event the Crossing Signal Equipment is damaged or destroyed by
any other cause, Agency must reimburse BNSF for the costs of materials
to replace or repair such Crossing Signal Equipment and/or Crossing
Signal House in accordance with state and federal law, provided BNSF
must first make recovery efforts to the responsible party for restitution.
J. If the Crossing Signal Equipment and/or Crossing Signal House installed
hereunder cannot, through age, be maintained, or by virtue of its
obsolescence, requires replacement, the cost of installation of the new
crossing signal equipment and/or new crossing signal house will be
negotiated by the parties hereto on the basis of the current Federal Aid
Railroad Signal Program participation and applicable Agency.
K. BNSF will operate and maintain, at its expense, the necessary relays and
other materials required to preempt the highway traffic control signals with the
grade crossing warning devices.
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L. BNSF will operate and maintain, at its expense, the railroad crossing warning
devices up to the contact terminals in the interface box.
M. Agency will own, operate and maintain, at its expense, the highway traffic
control signals up to and including connection to the contact terminals in the
interface box including all necessary cable and conduit.
10) Agency must notify and obtain prior authorization from BNSF's Manager of Public
Projects before entering BNSF's right-of-way for Inspection and Maintenance
purposes and the BNSF Manager of Public Projects will determine if flagging is
required. If the construction work hereunder is contracted, Agency must require its
prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-
1, as the same may be revised from time to time. Agency will be responsible for its
contractor(s) compliance with such obligations.
11) Any books, papers, records and accounts of the parties hereto relating to the work
hereunder or the costs or expenses for labor and material connected with the
construction will at all reasonable times be open to inspection and audit by the agents
and authorized representatives of the parties hereto, as well as the State of
Washington and the Federal Highway Administration, for a period of one (1) year from
the date of the final BNSF invoice under this Agreement.
12) The covenants and provisions of this Agreement are binding upon and inure to the
benefit of the successors and assigns of the parties hereto. Notwithstanding the
preceding sentence, neither party hereto may assign any of its rights or obligations
hereunder without the prior written consent of the other party.
13) In the event construction of the Project does not commence within 36 months of
the Effective Date, this Agreement will become null and void.
14) Neither termination nor expiration of this Agreement will release either party from
any liability or obligation under this Agreement, whether of indemnity or otherwise,
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resulting from any acts, omissions or events happening prior to the date of termination
or expiration.
15) To the maximum extent possible, each provision of this Agreement will be
interpreted in such a manner as to be effective and valid under applicable law. If any
provision of this Agreement is prohibited by, or held to be invalid under, applicable
law, such provision will be ineffective solely to the extent of such prohibition or
invalidity and the remainder of the provision will be enforceable.
16) This Agreement (including exhibits and other documents, manuals, etc.
incorporated herein) is the full and complete agreement between BNSF and Agency
with respect to the subject matter herein and supersedes any and all other prior
agreements between the parties hereto.
17) Any notice provided for herein or concerning this Agreement must be in writing and
will be deemed sufficiently given when sent by certified mail, return receipt requested,
to the parties at the following addresses:
BNSF: BNSF's Manager Public Projects
Alex Funderburg
605 Puyallup Ave
Tacoma, WA, 98403
Agency:
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and attested by its duly qualified and authorized officials as of the day and year first above
written.
BNSF RAILWAY COMPANY
L�ZDocuSigned by:
Scoff
By:
Rich Scott
Printed Name:
Title: Assistant Dir Public Projects
WITN '7d cuSignedby:
1175DF41 fiFd FS
AGENCY
WITNESS:
By.. Da�— — — ,
Printed Name: Dana Ralph
Title: Mayor
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Exhibit A
[Insert plan and profile layout of the crossing improvements provided by Agency]
[Insert BNSF signal sketch]
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GENERAL SHEETS GONE ST SHEETS E TINS ST SHEETS
N0.SHEEi TIRE NO,SHEET TTLE N0.SHEET TITLE
1— 11
KEN T oF.a S 2n2N;ST SHEETS o WRa R��TMEwM��wA.oETA= z3 SHE T IE MW SHEETS
°SHEET T'1
W A 8 H I N G T O N e caossNc PI MOLmaN Pun 111TN P� zs cNassnc rLAN
Iz w NMI-IL TONG SHEETS
JAMES ST SHEETS N0.SHEET TILE
N0. SHEET TILE MEEKER ST SHEETS L
Mw1 N ILAN N0.SHEET TTLE
AN
CITY O E K E N T NaNAMPOEIA s e waaRMP soF.2k oo .A.oFTA osTTa HIS 9I�N�1n
DANA RALPH—MAYOR
MEMBERS OF CITY COUNCIL
MARLI LARIMER SATWINDER KAUR LES THOMAS TONI TROUTNER
BILL BOYCE BRENDA FINCHER ZANDRIA MICHAUD
CHAD BIEREN—DIRECTOR OF PUBLIC WORKS KM KOMOTO—CRY CLERK BNSF AT S 212TH ST
KELLY PETERSON—DEPUTY DIRECTOR—ENOINEERNO TAMMY WHITE—CRY ATTORNEY (USDOT CIN 085625H)
PUBLIC WORKS PROJECT BNSF AT DAMES -
(LISDOTA CIN 085 2 ST
BNSF AT SMITH ST j
BNSF RAILROAD QUIET ZONE R , (USDOT CIN 085633^'
!
4, I BNSF AT MEEKER ST�}
?T (USDOT CIN 085636V) y�I
j
BNSF ATE GOWE ST z
sr �.
ISSUED FOR CONSTRUCTION U5°OT°IN 08563]°'
BNSF AT E TITUS ST
CONFORMED PER ADDENDUM NO. 1 '` -
0 � (US00T CIN 085639R)
t
t�
BNSF AT S 259Th'ST
(USDOT CIN 085642Y)
T
VICINITY MAP
PROJECT NUMBER 23-3028 NOT TO SALE SHEET I OF 29
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
GENERAL NOTES CURB RAMP NOTES: LEGEND DATUM
1. PRIOR TO ANY CONSTRUCTION ACTIVITY,THE CONTRACTOR SHALL ATTEND A 1. ALL CURB RAMPS MUST ADHERE TO THE ADA GUIDELINES AS OUTLINED IN EXISTING FEATURES APPEAR SCREENED VERTCAL DATUM:HAVD 68
SCHEDULED PRE-CONSTRUCTION CONFERENCE WITH THE CITY OF KENT THE REVIBED DRAFT GUIDELINES FOR ACCESSIBLE PUBLIC RIGHT-OF-WAY HORIZONTAL DATUM:HAD 83/91
CONSTRUCTION INSPECTION PERSONNEL.PHONE(253)855-5500 TO (US ACCESS BOARD,2005). 0 KEY ED NOTE
SCHEDULE CONFERENCE. CITY OF KENT BENCHMARK No,8953 CITY OF KENT BENCHMARK No.8151
2. STATION,OFFSET AND ELEVATIONS ARE PROVIDED TO FRONT FACE OF CURB SECTION LETTER OR DETAIL NUMBER BENCHMARK NORTHING:138096.966 BENCHMARK NORTHING:153399.3J32
2. ALL WORK AND MATERIALS SHALL BE IN ACCORDANCE WITH THE LATEST AT FLOWUNE.CURB SHALL BE DEPRESSED AT LANDINGS. BENCHMARK EASTNG:1294374.423 BENCHMARK EASTNG:12929-451
EDITIONS OF THE WSDOT STANDARD SPECIFCATONS,AND THE KENT SHEET NUMBER WHERE SECTION OR BENCHMARK ELEVATION:48.169 BENCHMARK ELEVATION:37.388
SPECIAL PROVISIONS FOR THIS PROJECT. 3, WTHIN CURB RAMP PAT LIMIT: DETAIL IS REFERENCED GENERIC DESCRIPTION:2"AL DISK GENERIC OEBCRIPTON: G AG
ALL RAMPS CROSS SLOPE:1.5%MAX. Mq/T
3. TIE CONTRACTOR SHALL COMPLY WITH ALL PUBLIC CONVENIENCE AND LANDING RUNNING SLOPE:1.5%MAX FENCE SITE DESCRIPTION:MONUMENT IS ON SITE DESCRIPTION:LOCATED ON
SAFETY AS DESCRIBED IN SECTION 1-07.23 TO SECTION 1-07.23(2)OF RAMP RUNNING SLOPE:7.5%MAX E SIDE OF CENTRAL MAVEONUMENT
SIN SOUTH SIDE OF S 2121E ST,
THE WSDOT STANDARD SPECIFICATIONS FOR STORING of EQUIPMENT AND �� GUARD RAIL SE QUADRANT OF THE A
MATERIALS DURING NON-WORKING HOURS. 4, REFER TO WSDOT STANDARD PLAN CURB RAMPS F-40.16 FOR STANDARD NITERSECTON WITH s 259n ST CROSSINGAAPPRO%IMII ATIE 105'NRR
PLAN.REFER TO KENT STD PLAN 6-33 FOR CURB,CURB AND GUTTER, -EP- EDGE OF PAVEMENT
N. THE CONTRACTOR SHALL KEEP STREETS CLEAN AT ALL TIMES BY STREET DEPRESSED CURB AND GUTTER AT DRIVEWAY ENTRANCES. APPROXIMATELY 3.4'N OF CENTER EAST OF INTERSECTION OF E 212th
SWEEPING WHEN NECESSARY.OR WHEN DIRECTED BY THE ENGINEER. --- ALIGNMENT/CENTERLINE OF JUNCTION BOX. ST&TTth AVE E.SET IN CONCRETE
5, ALL CEMENT CONCRETE SIDEWALK AND RAMP SHALL BE A MIN.4 INCHES SIDEWALK B.5 NORTH OF LUMINAIRE
TACK.WIDTH To MATCH ADJACENT SIDEWALK UNLESS NOTED IN THE PLANS - PROPERTY LINE MONUMENT DESCRIPTION:SET CITY AND 3.4'FROM FLOKLINE.
5. ALL ITEMS OF WORK NOT LIS1ED IN THE BID PROPOSAL WHICH ARE SHOWN MINIMUM WIDTH 60 INCHES). OF KENT 2'ALUMINUM DISK IN
I ARE REOUINTA TO THE LISTETE THE WORK ( ) SIDEWALK MONUMENT DESCRIPTION:RAMSET
THAT ISTHE SHOWN SHALLCONTRACT AKE CN'SONSIDERED INCIDENTAL TO THELISTED BID OR s, THE ENTIRE LENGTH OF THE GRADE BREAK BETWEEN THE TWO ADJACENT T5 CONTOUR LINE AND LABEL
ITEMS. WITH WASHER,STAMPED 8151
SURFACE PLANES SHALL BE FLUSH.INSTALL 3Z EXPANSION JOINT AT a POWER LINE
6. UNLESS OTHERWISE NOTED,THE WORDS"REMOVE,REMOVAL,EXCAVATE AND GRADE BREAK PER WEDOT STD PLAN F-3o.'N TEA
3.ALL GRADE BREAKS
EXG VATION'IN THE CONSTRUCTION NOTES,SPECIFCATONE,AND SHOWN MUST BE PERPENDICULAR TO THE PEDESTRIAN TRAVEL PATH. c GAS LINE
ON
THE
STHE CONTRACTOR'S AND
DXPENSE OFF-SITE DISPOSAL BY J. CURB RAMP PAT LIMIT INCLUDes LANDINGS,RAMPS,AND DETECTABLE w WATERLINE FRANCHISE UTILITY NOTE
WARNING SURFACE AT
SHOWN IN THE CURB RAMP DETAIL.ALL CURB AND
JFIR 11N1TRU111N THE AIPYLVED TRAFFIC GUTTEHALLR, PAID FOR s PEDESTRIAN CURB,
PAR TTRANSITION
NSIY.ITI THE SIDEWRAMPALK,
AND
DEUTILITY
MORE THAN ONE o STORM DRAIN THE ALL FRANCHISE UTILITY HAND HOLES,JUNCTION BOXES,VAULTS,CABINETS,PEDESTALS,
THEPLANE, APPROVED TEMPORARY EROSION/SEDIMENTATION CONTROL CONTROL LANDING AND TWO RAMPS,ALL LANDINGS AND RAMPS SHALL BE s ETC.SHALL BE RELOCATED,REMOVED REPLACED AND/OR ADJUSTED TO GRADE BY THE
PLANS.THE ANDCONSIDERED T OENTAL S, THE BID ITEM PRICE FOR ONE RAMP. 1 SANITARY SEWER LINE FRANCHISE UTILITY OWNER OR THEIR REPRESENTATIVE,UNLESS OTHERWISE NOTED ON
SHALL BE ON THE JOB S17 WHENEVER CONSTRUCTION SPECIAL TIN PROGRESS. } SIGN THESE PLANS.THE CONTRACTOR SHALL COORDINATE 1H15 WORK WITH 1HE UTILITY
8. THE BID ITEM'CEMENT CONCRETE SIDEWALK RAMP TYPE-'DOES NOT COMPANY.ALL CITY of KENT OWNED JUNCTON BOXES,VALVE BOXES.METER BOXES,ETC.
8. UNLESS STATED OTHERWISE THE CONTRACTORS SOLELY RESPONSIBLE FOR INCLUDE THE ADJACENT CURB,CURB AND GUTTER,DEPRESSED CURB AND SHALL BE RELOCATED.REMOVED.REPLACED AND/OR ADJUSTED TO GRADE AS NOTED ON
THE MEANS,METHODS AND SEQUENCE OF CONSTRUCTION AND FOR THE STREET LIGHT/LUMINAIRE THE PLANS BY THE CONTRACTOR.
SAFETY OF THE WORKERS. GUTTER,PEDESTRIAN CURB,OR SIDEWALKS.
9. CURB RAMPS AND LANDING SHALL RECEIVE A BROOM FINISH.SEE C) DECIDUOUS TREE
9. ALL EXISTING UTILITIES SHALL REMAIN IN SERVICE UNLESS OTHERWSE SPECIFICATIONS 8-74, CONIFEROUS TREE
ID IDENTIFICATION.LOCATION.MARKING AND RESPONSIBILITY FOR 10.USE CONSTANT SLOPE FROM BOTTOM OF RAMP TO TOP OF RAMP.DO NOT O FIRE HYDRANT FRANCHISE UTILITY CONTACTS
UNDERGROUND FACITTES OR UTILITIES IS GOVERNED BT TIE PROVSIONS MEASINCLUUREMENT
ABUTTING LANDINGON OR SIDEWALK IN THE CURB RAMP LENGTH AT&T DAN MCGEOUGH
OF CHAPTER 19,122,REVSED CODE OF WASHINGTON. MEASUREMENT.NO EXPANSION JOINTS ARE ALLOWED ON RAMP ELEMENTS. w VAL. (425)896-9830
I1.THE CONTRACTOR SHALL CONTACT THE UNDERGROUND UTILITIES LOCATION 11 FEET.WHEN HALLOWED,ACONTRACTIOALLOWEDN JOINTS ARE EQONLYUALL'HEY SPACED%4B S 6 m yAUIT PEE ELECTRIC. DENNIS BOOM (425)41J-9188
SERVICE(811)AT LEAST TWO WORKING DAYS PRIOR TO CONSTRUCTION. O.C.MIN. Es WATER METER PEE GAS. GLENN HELTON (253)395-6926
THE ENGINEER SHALL BE CONTACTED IMMEDIATELY IF A CONFLICT EXISTS.
12.FOR DETECTABLE WARNING STRIP DETAILS AND PLACEMENT CLARIFICATON, LUMEN. ALEX HARE (206)345-4476
I ELECTRICAL THE CONTRACTOR SHALL REFER TO WSDOT STANDARD PLANS F-4&10
2 SERVICE LINES TARE EGENERALLY NOT SHOWN OND THE DRAWINGS.THECTN (NOTE fi of THIS STANDARD PLAN DOES NOT APPLY TO THIS CONTRACT). COMCAST CABLE: CANNY COOLEY (253)686-7592
CONTRACTOR IS RESPONSIBLE FOR DETERMINING THE EXTENT OF ANY DWE SHALL BE INCIDENTAL TO THE CONCRETE RAMP BID ITEM.
HAZARD CREATED BY OVERHEAD OR UNDERGROUND ELECTRICAL POWER IN
ALL AREAS AND SHALL FOLLOW PROCEDURES DURING CONSTRUCTION AS 13.MATCH EXISTING CURB RETURN INCLUDING RADIUS AND ELEVATIONS UNLESS ABBREVIATIONS
REQUIRED BY LAW AND REGULATION.PRIOR TO CONSTRUCTION THE OTHERWISE NOTED.THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING THE
CONTRACTOR SHALL MEET WITH UTILITY OWNERS AND DETERMINE THE HORIZONTAL AND VERTICAL INFORMATION NEEDED FROM THE EXISTING CURB
EXTENT OF HAZARD AND REMEDIAL MEASURES AND SHALL TAKE WHATEVER TO CONSTRUCT THE NEW CURB IN THE SAME LOCATION. ACE ASPHALTIC CONCRETE PAVEMENT NAD NORTH AMERICAN DATUM
PRECAUTIONS THAT MAY BE REQUIRED AL ALIGNMENT NA' NORTH AMERICAN VERTICAL DATUM
14.PEDESTRIAN CURB MAY BE OMITTED IF THE GROUND SURFACE AT THE BACK AVE AVENUE NE NORTHEAST
13.ALL LOCATORS OF EXISTING UTILITIES SHOWN HEREON HAVE BEEN OF THE CURB RAMP AND/OR LANDING WILL BE AT THE SAME ELEVATOR AS BMP BEST MANAGEMENT PRACTICE NPOEE NATIONAL POLLUTANT DISCHARGE EUMINATON SYSTEM
ESTABLISHED BY FIELD SURVEY OR OBTAINED FROM THE BEST AVAILABLE THE CURB RAMP OR LAN ING AND THERE WILL BE NO MATERIAL TO RETAIN. BOC BOTTOM OF CHANNEL NW NORTHWEST
RECORDS AND SHOULD THEREFORE BE CONSIDERED APPROXIMATE ONLY POINT OF ALIGNMENT R
AND NOT NECESSARILY COMPLETE.IT IS THE SOLE RESPONSIBILITY OF THE 15.DISTURBED PLANTING AREAS SHALL BE RESTORED TO ITS ORIGINAL CB CENTERUNEPOI OFF BFW
CONTRACTOR TO INDEPENDENTLY VERIFY THE ACCURACY OF ALL UTILITY CONDITON AND AS DIRECTED BY THE ENGINEER.WORK SHALL BE PAID FOR CATCH RASIN PC POINT OF CURVE
LOCATIONS SHOWN AND TO FURTHER DISCOVER AND AVOID ANY OTHER IN ACCORDANCE WTH KENT SPEQAL PROM"MM CMP CORRUGATED METAL PIPE PCC POINT of COMPOUND CURVE
UTILITIES NOT
IMPLEMENTATIONEND-OF THISRPLANWHICH MAY BE AFFECTED BY THE 16.REFER TO KENT STANDARD PLANS E-34 AND E-36 FOR CEMENT CONCRETE CSBC CRUSHED SURFACING BASE COURSE PI POINT OF INTERSECTION
CS TO CRUSHED SURFACING TOP COURSE PT POINT OF TANGENCY
14.IT IS ILLEGAL UNDER WASHINGTON STATE ADMINISTRATIVE CODE 332-120 SIDEWALK DETAILS. CBH DIAMETER AT BREAST HEIGHT R RADIUS,RANGE,RIGHT
TO WLLFULLY DESTROY SURVEY MARKERS.STAKES,MARKS,AND OTHER 1T PROTECT SIDEWALK,CURB AND GUTTER,SIGNS,POLES,MAIL BOXES AND DI DUCTILE IRON R/W RIGHT OF WAY
REFERENCE POINTS SET BY CITY FORCES.AND EXISTING CITY.STATE OR DIA DIAMETER s SOUTH
FEDERAL MONUMENTATION,SHALL BE CAREFULLY PRESERVED BY THE OVER APPURTENANCES NOT IDENTIFED FOR REMOVAL OR ADJUSTMENT. E EAST FASTING ND ED STORM DRAIN
EX CONTRACTOR.THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY FIT ELEVATION NG GROUND SEC SSE OUTH T
DUE TO CONSTRUCT ON TIE CONTRACTOR VFY sHALLEALLOW AMPLE TIME'ITRFORELJ ENGINEERED LOG JAM SS SANITARY SEWER
CITY SURVEY DEPARTMENT PERSONNEL TO ACQUIRE ADEQUATE INFORMATON EP EDGE of PAVEMENT,ENDPOINT OF ALIGNMENT SSMH SANITARY SEWER MANHOLE
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NO.DESCRIPTION NO.DESCRIPTION
3005 CLEARING AND GRUBBING 1241 NON-SKIDTYPE IJUNCTION BOX FRAME AND COVER
1010 REMOVE EXISTING AS 1245 ADJUSTING EXISTING MONUMENT,CASE AND COVER TO FINISHED GRADE
1015 REMOVE EXISTING CEMENT CONCRETE PAVEMENT 1250 INSTALL NEW MONUMENT,CASE AND COVER TO FINISHED GRADE
102E REMOVE CEMENT CONCRETE SIDEWALK 1255 REMOVE FENCE
1025 REMOVE CEMENT CONCRETE CURB AND GUTTER 1256 INSTALL NEW FENCE
1026 REMOVE AND SALVAGE EXISTING BOLT-DOWN CURB AND PYLONSTO THE CITY OF KENT 1395 HANDRAIL
1030 REMOVE CEMENT CONCRETE EXTRUDED CURB --S POTHOLE UTILITIES
3035 REMOVAL OF TRAFFIC ISLANDS AND/OR TRAFFIC CURB 1355 MINOR CHANGES
104E REMOVAL OF RAISED PAVEMENT MARKERS AND PAINTED AND/OR THERMOPVSTIC TRAFFIC MARKINGS 1505 TRAFFIC CONTROL LABOR
1045 REMOVAL OF TRAFFIC SIGNS 153E CONSTRUCTIONS-1 CLASS A
105E SAW CUT EXISTING ASPHALT CONCRETE PAVEM ENT 1515 TRAFFIC CONTROL SUPERVISOR
1060 ROADWAY EXCAVATION INCL.HAUL 1520 TM PORARY TRAFFIC CONTROL DEVICES
1065 UNSUITABLE FOUN RATION EXCAVATION I NCH HAUL 1525 PORTABLE CHANGEABL
1075 GRAVEL BORROW,INCLUDING HAUL AND COMPACTION 1530 TYPE III BARRICADE
1080 CRUSHED SURFACING TOP COURSE,5/8 INCH MINUS 1535 SEQUENTIAL ARROW SIGN(SAS)
URS CRUSHED SURFACING BASE COU RSE,1-1/4INCH MINUS 1540 PERMANENT SIGNING
3095 HMA CLASS 112",PG 58V-22 1548 TEMPORARY PAVEMENT MARKING-SHORT DURATION
1125 DETECTABLE WARNING SURFACE 1560 TRAFFIC PYLON
114E CEMENT CONCTRETE DRIVEWAY,81NCH DEPTH,REINFORCED 1570 RAISED PAVEMENT MARKER TYPE
1145 CEMENT CONCRETE SIDEWALK 1585 SINGLE SOLID PLASTIC EDGE LINE
1146 CEMENT CONCRETE SIDEWALK WITH THICKENED EDGE 1586 PLASTIC DIAGONAL LINE
1150 CEMENT CONCRETE NON-WALKING SIRFACE 1595 PROFILED PLASTIC DOU BEE YELLOW CENTER LINE
1190 CEMENT CONCRETE SIDEWALK RAM P TYPE SI NG LE DIRECTION A 1605 PROFILED PLASTIC SKIP LANE LINE
1205 CEMENT CONCRETE CURB AND GUTTER 1615 PLASTIC CROSSWALK LINE
121E PAINTED YELLOW REINFORCED SINGLE-FACED CEM ENT CONCRETE TRAFFIC CURB 1625 PLASTIC STOP LINE
1211 PEDESTRIAN CURB 1630 PLASTIC TRAFFIC ARROW
1213 PAINTED YELLOW REINFORCED DUAL-FACED CEMENT CONCRETE TRAFFIC CURB 1635 PLASTIC TRAFFIC LETTER
1215 ADJUST EXISTING SANITARY SEWER CLEANOUT TO FINISH ED GRADE 1665 PLASTIC RAILROAD CROSSI NG SYMBOL
1220 ADJUST EXISTING CATCH BASI N FRAME AN D GRATE TO FIN ISH ED GRADE 170E I NLET PROTECTION
122J ADJUST EXISTING MAN HOLE COVER TO FIN ISH ED GRADE 1735 RELOCATE EXISTING WM I NAIRE
123E ADJUST EXISTING VALVE BOX TOP SECTION AND LID TO FINISHED GRADE
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4. SURFACE OF COBBLE FIELD SHALL BE SMOOTH AND FLAT TO 0 DEPTH:6"MIN
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5, ROCK SHALL BE SATURATED SURFACE MOIST PRIOR TO PLACEMENT,
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\ W I<�= 1585 23+5139,Z.,2 R 23+J9.26,5,11 R 15 CPSRTA(SOUND TRANSIT) / of
\\ Q I p is 1605 23+62.90,IS-L D 621 RAILROAD AVE N 98032 j O �J
23+61.4J.6.35 R PARCEL p1849J0-0050
PARCEL 930309J-0020 I}N SBS 'PARCEL
(SOUND TRANSIT)
KENT STATION RETAIL LLC 200 E JAMES ST 98032
N/A t/) I "- PARCEL##242204-9011 Q
l a „jq
City oexeTt
T Public Works Departlnent DAMES ST BNSF RAILROAD QUIET ZONE ®roe a129
.. ®..c�: N7' Engineering Division CROSSING PLAN
9 ED-,.\2- 2V 9-I-\Vl-El,:\�,111-1-11.1<.1.a,1 PIa.,aK9 ma 11 1•,.,HM-N�a 91/13/ PI
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4, SEC. 24, T 22 N, R 4 E, W.M.
NOTES:1. E111 Re aAMP NOTES oN SHEET 2.
2. SEE DETAIL B.SHEET 4 FOR TYPICAL SIDEWALK/RAMP CONSTRUCTION.
3, CONTRACTOR SHALL GRADE BACK AT 3:1 BEHIND PEDESTRIAN CURB:
23+50.66.5E,G4 L 6 TOPSOIL AND SEED.
LEGEND:
23+35.06.48.95 L = CURB RAMP J.- 1190
1211 1145 23+39.03,49.42 L
12011 2311718,46.84 L 23+30.09,48.35 L 12 ® DETECTABLE WARNING SURFACE ttO9p
1145
23+44.00,49.97 L
1095 1 2 99.98,53.35 24+03.02,53.04 L L I 'i 1211 LEV=4.J0 +33,06,58,28 5
*C
10095 23+05.3523+12.22.As. L ••V°.°•e RAMP 1 RAMP LAND'*Ge E - --- 4+08.01,53.34 I O l�
ELEV=43.6J ANDING
2J5 •. LEV 4.85 1205 2
••L'.e•' 24+t 3.00,53.64 L 1145 1211
1 23+50.93,41.21 L 3
23112.85, 095 I2411A m
0 ELEV-43.61
__-- t ---- E1' 9 L 8H
DING RAMP P
95 23+0B.35,36.25 L 23+,J.B2,41.38 L 23+30.73,42.89 L 23+35.70.43.4J L44.6 561095
O ELEV=43.69 0 ELEV=44.19 ELEV=4.41,205 6 CURB REVEAL ON BOTH SI
0DES
24+3 35 4J.54 L
JAMES ST AND BNSF NW A 0 E1;=v-44.65 -- -------
--------- -
24+33.94,45.37 L 0
SCALE:1'=5' 1 1
CONTRACTOR SHALL LEAVE E4EV34.312 0
A 4'GAP IN THE CURB NE CORNER NOTES:
CUR
THERE
SING
1. ILL 8 TA CUB
6R REVEAL ONABOTHO SIDESROFDCURBSAT LANDING23+BB.J6,42.66 L R,205 24�08 EL V4=44.051] DEPRESS WHILE CURB REPEAL INCREASES TO 6
AT LANDING
JAMES ST AND BNSF NE B
SCALE 1-V 11
yi o23+5,.35 4.G7 R
-' I 23+2722,9.99 R 24+14.3),3.12 R
- ---- ELEV=4.61 1205 95 23+9G.D4,1.40 R .38 4.04 R ELEV=44.54 O
O ELEV 1095 23+1 5.9J,6.82 R t0O95
O ELEV=4.4 9 ----- I-24+33.02,2.61 L
i 23+32.21,9.60 R ---- ----
ELEV=4.J2 1205 ---
23+16.25.10.81 R 1-
ELEV=44.33 23+99.39 ELEV=45.11
.4.49 R
0
23+51.50.17.14 R RAMP
•} L IT} DING 1215 ELEV=43.9J1O
RAMPLANDINC
1145 23+t6.73,tli 5 R/ - - --- -
--- - - __23+99.49,12.52 R
23+32.64.1508 R ELEV=45.1 ------------
1145 121, 23 5. LEV=4 J
23+ 1211 ,211 t /2J.65.15.4J 7 R 214.4),11.14 R D 24+33 23.16.96 R 1
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4+
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JAMES ST AND BNSF SW C JAMES ST AND BNSF (SE) rD, ea.SCALE:Y=5' 11 SCALE:1"-5' 11
City of Kent
`°" `"" Public Works Department JAMES ST BNSF RAILROAD QUIET ZONE 9 m 29
cRr.-, 77
T,� ID:NT Engineering Division CURB RAMP DETAILS .
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NE 1/4, SEC. 24, T 22 N, R 4 E, W.M.
PARCEL/714280-0135
\ CPSRTA(SOUND TRANSIT)
Z \\ 320 RAMSAY WAY
w �_----------------------------
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0 �
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3DIoD 1so.00' SMITH STREET 32 to
31+00
mm
0.0000.00 50.00 OJ
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E:1293235.90 '� N:14288222
E:t293305.05 0
(-EXITT ROW--P---- ---------------
212 2N'oa2sED-0180
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PARCEL/242204-916J
CPSRTA(SOUND TRANSIT) Z
Z PARCELNrz os oa-919J N/A PARCEL e2az20a-9011 i� w j
ms wESNnH sT 9a032 N sp Ix n> PARCEL g91 960-1585
> o Q C'E'TA(SOUND TRANSIT)
35+081 IJJ EXIST ROWJ
l I A II34+00.69,23.55 L OIO 1050-0'I9 I 35G031040= O 361520903802.1 1 --
50 LB0UN0 m +BB.02.1.01 R 1050
w PArecEL;tJ14ze0-013s 1nz5 m5o 1 - rva9 ar 3t? 38+oo
D CPSRTA(SOUND TRANSIn 34+OO.JS.29.98 L ND 31040 wE6lB0UN0/ 39 3 00 00 320 RAMSAY WAY I 020 1050 34 8.56,9. 00q,2 I e+
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1 34+J0.1J,� -55 s 35 O.Otl
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wIST
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0.00 E.1�3644
N:142a83.29 - 33+)1.34 01055 N/A
n2+12.37.1.41 R 1050 E1293524.82 1020 055 2281ST6 R 102
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P _0,NEN-0180 - I 1J00
PARCEL/242204-901t
1. C �.212 2N0 AVE N 98032 pgRC p2FKENT918J I BEST in 1. CONTRACTOR SHALL SALVAGE ALL TRAFFIC
Cltt OFAKENT N/A PYLONS AND BASES 0
BRAA
City of Kent SMITH STREET o OF 29�
""`"`"" a Public Works Department ALIGNMENT AND DEMOLITION BNSF RAILROAD QUIET ZONE
...ct�.•:tT,m.. N7' Engineering Division PLAN 1
6:m._\2s-a926 w1.1-\\-t NI..\3.111-11a.1-11.111.1 PIa..\1 11I, N-g 11na/-P-PM
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
I PARCEL BNSF 04-9011 K 3I CPARCEL 9242204-918J Z
15085 34+J].51,19.70 L w PSRTA(SN ND lRAN51TJ
Z PARCEL p242204-919] pI W
KEN.105 LLC
j3 105 W SMITH IT 98032 15885 34+J1.35.p19.83 L HANDRAIL 0 Q M CPSR EL W1]960-1585
Q o 1605 34+55.08,18.51 L e 4 9'4J'29.5 L 1 25
PARCEL
(s"Np TRANSIT)
p 1595 34+49.28.4.30 R I+834+95.54,18.58 L 18025 Q \\
v, x 1585 34+4268,2,3 d
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L- - 1 34+30 02 3  Q 5
J I s 1585934+31.81,2221JL 1/2A 35 94 R � 3
156 eJ.9J -
5 34+2].00.22.56 L 44 1213 ELEV=43.69 1213 �
1595 34
1595 I'll 0.I,2.97 R09 1245
PARCEL o14280-0135 1J 3,g
TAR NSIT) i CURB RAMP PER 4+_
3 C 3z0 AMBA DETAIL ,SHEET,2 I J0 r5+OD423 R0.5 REFRESH E%ISIING
o 33+SJ.J9.2.J5 L E uV PAVEMEN.MARKINGS
1.2J 35+BJ.95,5
-4 R_ ELE-.5,91213 SMITH STREET 0
Go
w _------ 1/zA 3z+98.9a,8.95 L /2A 3s+z9.1
w 3z21c 1n.a12 ° , a.9
ELEV=43.18 12,0 34+J0.,],4.94 R ELEV=45.43 t213 EXIST ROW
W 1210 ELEV=4251 0 a SV=4].43 12 -- - - ------ - ------ --
w 1050 341 0. --
3+49.DE,i.as L Jq r----
PARCEL g91 J960-1490
32+12.36,2.48 L�P M 1210 1213E V_ - 1213 ELEV�46. -GO 34+69.61.4.52 R 1s95 ( OTY OF KENT
Z ELEV=MATCH EX 43 3"+ 66.21.T52 R 1 226 RAILROAD AVE N 98032
= 12t0 1230 rc 1230 1227
U t230 34+10.30,3.29 R~ / REFRESH EXIBIING
H 33+00 p PAVEMENT M RNINGS
4 26 211 L 1213 ELEV=46.]3 4+55.00,'Z.85 R11125 630�1635
BEE DETAIL F, R O LEo=4364 R o
SHEET 4 1/2A 32+98.45,3.10 L 3+5 i 34+55.26935.66 24 LE iPARCEL�242204-9162
12To ELEV=43.2a c 1213 N 3a+46.3"3397 R 15Bs
FELEV�M3ATCH5E%L 121 - 4 2 1625 \/ �l Z 34+41.19.20.61 R 18005 "/"
O Fq 33+eJ.3
L CO 34+36.12 31.81 R 1585
EXIST ROW-----------� \\ 4+2S1 J,169J R 1605 1101 sc88DUL8
4+1775 28.14 1585 STATION,
34+08.67,26.37 R 15085 DESCRIPTION SIGN CODE SIZE MOUNT SIGN COMMENTS BID ITEMS
PARCEL/9825J0-0180 33+16E93. EMERGENCY NOTIFICAl10 13 POST REPLACE SIGN TO MATCH 5q0
212 2ND CITY OF KEN98032 I 4+02. 25.31 R 1585 31.J8 R x3 E%ISEND WITHOUT SOCIAL MEDIA O
DEOUNDTNIE .SHEET12 PARCEL 6242204-9011 33+84.95. LED DO NOT STOP ON Re-e x3 POST REPLACE EXISTING SIGH WITH LED 15Oq,
/�,, B EF 24.98 R TRACKS SIGN
AR STY
KE4-918J INSTALL FECNCE 33+92.25. LOOK ,5 1 POST ONE(1)SIGN FACING EAST, 5-,
CITY FAKENT I PER SHEET 2]_� 41.21 R x ONE(I SIGN FACING NEST O
NO U-TURN R3-4 3 ONE(1)SIGN FACING EAST 1540
TA(`AM
R50 4280-0135 34+15.30, x POSTABOVE DOUBLE LOOK SIGN
36 6
PARCEL 32.19 LONE(1)SIGN FACING EAST,
CPSR LOOK R15-8 36'x18' 1540
Z \ 320 AMSAY WAY ONE(I SIGN FACING NEST
ONE H1 SIGN FACING EAST, 10
Q ' LOOK ,5- xt POSTONE(I SIGN FACING NEST
DO 49.9fi R NO U-TURN R3-4 x3 ONE(1)SIGN FACING NEST O
0 < ABOVE DOUBLE LOOK SIGN
(y 35+05.16, LOOK ,5 1 POST ONE H1 SIGN FACING EAST, O
W 31.71 L x ONE(I SIGN FACING NEST
N
3o Oo SMITH STREET 32 z LED DoTRRACKS.oP ON R6-e x3 POST A0°NOOF EXISTING SIGN"BACK
31+00
Z 35+36 ERGENTO MATCH
CY-LIITIIGATIO 1-13 x POST E%ISTING W 41'OU.SOCIAL MEDIA
U
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a
REFRESH Exlsnrvc
PAVEMENT MARKINGS 0 , ALL STATION AND OFFSET PROVIDED ON TRAFFlC CURB IS TO FRONT
___________ ______ ________
E%IST ROW FACE 1) CURB AND OI SHALL
PROVIDED ARE TOP OF CURB E7-F,-N.
PARCEL 99825JG98032 2. ONE CA iCAFFlC P TIN SHALL 1 PLACED 12 FRONT OF THE J"
Cltt OF KENT
-J 212 211 AVE N 98032 VERTICAL CURB-STATIONS 3a+t1-86.34+6]-2t AND 35+J2.33- ,560
oeaum:BBAg arc"eo. a�H .e.c o"weu.o. r zo Ci ofKCHL
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'a'"�M4f1E�Y Public Works De erDnent BNSF RAILROAD QUIET ZONE
.a �xsarl �. oA,z - A+,� �.�-- �� NT Engineering Division CROSSING PLAN
c.\o�.19,\zo-3oze.1.1 z \V1-II<.\o.m1.,..c U-1 C.1-I PIo\sNs 1 sl--rw n 3A3/=3 2:54 w
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4, SEC. 24, T 22 N, R 4 E, W.M.
1145 1211 34+21.41,3534 L 2
MIjV1$T _
S -
E—MATCH EX-NG
I CURB RP TYPE F1 w--1 3187.54.29.32 R 1150 02:4.23.73 R 1150
DIRECTION
O ECTIO A �V A .EJB L G 115 REPLACE DO NOT
$1 SIOT ON 1RACK5 SIGN
1145 1211 34+15.12 29.70 L 34+2)1.26))L Its TO MATCH E%ISnNG
/ ° ELEV�MATC SING SEE K UL E.SHEET 3+96.65,29.5)R 1150 YI
1145 1211 3s+O3.t5.J0.06 L /
34+2J.39 23.z8 L 1205 +01.32.33.80 R 1150
p EL
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0 33+9).60,30.06 L P
ELEwMATp1 EnS1tNG J —�
34+z).0],19.30 L 1095 +98.40.33.53 R 1150
/ EUEV )2 24.21 L 2281 R 1150
� EtEV�46.01 f205 /'
LL nw 33+ezes.-.27
34+03.11,24.55 L Z i�� // 1125 33+91.10,33.35 R
ELEV-82 1205 Ca 349278.39.22 R 1125
f20 3EUE 97.66ATCHE.T L +91.0t 39.18 R 1125
1125 33+92.90,3539 R
1095 33+9).69.20.54 L
5�
SMITH ST AND BNSF (NW) SMITH ST AND BNSF ST AND BNSF (SW)
SCALE:1-5' 1 1 SCALE:1'=5' 1 1
NOTES:
RAMP NOTES ON SHEET 2.
TAIL B.SHEET 4 FOR—CAL 9DEWA1.c/RAMP
3. CONTRACTOR SHALL GRADE BACK AT 3:1 BEHIND PEDESTRIAN R CURB,
6'TOPSOIL AND SEED.
LEGEND:
CURB RAMP LIMITS 1190
DETECTABLE WARNING SURFACE 111MI1125
x���WI3R3
City oeKem SMITH STREET
Public works DeparUnent BNSF RAILROAD QUIET ZONE
NI tom- KENT Enginccringl3i,ision CURB RAMP DETAILS
-W 14-1. «..--11-—,-Rex 1—s-:lx 111/—o:,,P�
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4, SEC. 24, T 22 N, R 4 E, W.M.
EGM
11 11 PR111111aN.
I700
NOT IS'
a
PYLNONS TRACTAND OR BsASERALL
51026 GE ALL mAFFIc
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42+56+29.31.95 L 15 2+96.06.35.06 L t0O50
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41+97.26,5.15 Rt - 3+95.10,20.J R 105
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02� 1 II tl5� 05 100 RAILROAD AVE s 98032
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3+0J.29,15.09 R 1050 43 93.{6,4-9 R 10500
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050 42+55.39,13.64 R I BN44 F204-9011
1 N/A I
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PARCEL a2422B4-918J BNSF
CITY NF KENT 11 N/A j
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J.
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City ofKcnt MEEKER ST E.13
70F. Public Works Department ALIGNMENT AND DEMOLITION BNSF RAILROAD QUIET ZONE _
Engineering Division PLAN
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DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4, SEC. 24, T 22 N, R 4 E, W.M.
I I PARCEL#242204-9187 PARCEL/242204-9011
CITY OF N/A BNSF PARCEL/2 y -9182 ppRCEL�1J960-1405
I I NSA BBNSF I GI PROPERTIES I
Z I 1585 42+66.08,13.0 L NSA I i 201 E MEEKER ST 98032
W 1213 42+50.EE 047.L I
O ELEv-a.3& I 2+84.16.114.01 L 15Bs I I I
Q 1595 42+50.63.0.33 R I 2+94.41.13.99 L 1585 MI�CONAL PAVEMENT I I I
Ir CURB RAMP PER CURBORAMP PER MARKINGS BID IIEY 1 I I
d, BE p,SHEET 15 ll
N I I DETAIL S.SHEET 15
1213 42+50.J2,_33 � 3+15.05,1195 L 1625 m _
I ELEV4J.41Y
-- EXTEND
I
PXANTER�j�`XX
- -v u 3+99.M 13J9 L 1585 --
\ \ J 1585 1+84.02 8.88 L .52,13.18 15135 }I--RR-I16
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1213 LEV�45.IJ _ - )49 1213 02
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I I N 90.)0,4Q40 R 1220 I IOOERAI PLROPD A4ES5 98032
42+3D.BJ.28.89 R J m L ELEV.4S)1 /
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I I 1 I>I 'DE-WAY PER DETAIL A.SHEET 18 ;1�'
Q 1825 42+34.95.14.76 R -2+94.09.0.98 L 15095 LOCATE EXISTING CONDUIT AND Q
I"- I 2+93.88.12.0T R 1585 MAKE FNAL CONNECTION TO
I I I CURB RAMP PER EXISTING BUNGALOW 1
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2+55.67.0.11 L 1595 PARCEL t2�20h91B2 �.
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CITY OF KENT BNSF
I I
NOTES
1. ALL STATION AND OFFSET PRAADED ON TRAFFIC CURB IS TO FRONT
STATON, DESCRIPTION SIGN CODE SIZE MOUNT SIGN LDMMENTS BID ITEMS FACE OF CURB AND ELEVATIONS PRONGED ARE TOP OF CURB ELEVATION.
OFFSET 2. ONE(1)TRAFFIC PYLON SHALL BE PLACED 1'IN FRONT OF THE J'
40+)).1), REPLACE SIGN TO MATCH -TICPL STATIONS 41+96.11.42+51.63.43+03.08,AND -------- --------
2393 R REPORT ISSUES -13 22•XJ4• POST E%ISTING WITHOUT SOCIAL MEDIA '� 43+88'42'gg0 -------_ __-----_
095
421.53 RJ, LED DOTRA NOT
CKSroP ON NB-8 3D•K36• LED POST ONE(1)LED SIGN FACING WEST 1541 EXISTING ' \ \ 1' PLANE E%ISTINC
Q PAVEMENT PAVEMENT
ROAD \ \ \ 8•CSTC 1080
NO U-TURN R3-4 36•K36• POST ONE(1)SI EAST PAVEMENT REPAIR EXCAVATION O
2+41.98, UOUB E"LCOOK SIGN O PER DETAIL A,THIS SHEET UNITS \ \ GRAVEL BORROW AS
432.88 R ® DIRECTED BY THE ENGINEER
LOOK R15-8 38•K18• POST ONE(1)SIGN FACING EWEST ®
ONESIGN FACING O75
UNSUITABLE FOUNDATION
42+43.37, ONE(1)SIGN FACING EAST. EXCAVATON AS DIRECTED
}t J1 L LOOK R15-8 38•K18• POST ONE(1)SIGN FACING WEST 1540 BY THE ENGINEER
L4�12.19.
R15-8. 36•.1B•, ONE(I)SIGN FACING EAST. OIGOUT WIDTT AS lO6S
LOOK R15-8 36•K1 B• POST ONE(i)SIGN FACING WEST 0 PLANS ORO DIRE CTES
R1S-8. 36•.16•. ONE(1)SIGN FACING EAST. NOTES. BY THE ENGINEER
LOOK R15-8 38•K18• POST ONE(1)GI
NG WEST 0 1. PLANE AND REMOVE EXISTING PAVEMENT.
2. ROAD EXCAVATION EXISTING BASE MATERIAL
NO U-TURN RS-4 36•K35• LED POST AE'(1GNFACINGEAST O 3. REMOVE UNSUITABLE FOUNDATION AS DIRECTED BY THE ENGNEER,REPLACE
RO DOUBLELOOK WITH GRAVEL BORROW.
4. REPLACE PLANED PAVEMENT WITH HMA,DEPTH TO MATCH EXISTING
LED DO NOT STOP ON R6-8 3D•K35• POST ONE(1)LED SIGN FACING WE 0 PAVEMENT DEPTH TRACKS REPORT ISSUES -1} zz•xJ4• POST Ensnec"GWIiHoJT soc n"TMEDIA 'S49 PAVEMENT REPAIR
NOT O SCALE
USE AS DIRECTED BY THE ENGINEER
3
•.m' City oPK=t MEEKER ST
- Public works DepartTnent BNSF RAILROAD QUIET ZONE "°f
N96z_ KENT Engineering Division CROSSING PLAN
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4, SEC. 24, T 22 N, R 4 E, W.M.
NOTES:
SEE CURB RAMP NOTES ON SHEET 2.
2. SEE DETAIL B.SHEET 4 FOR-CAL SIDEWALK/RAMP CONSTRUCTION.
CONTRACTOR SHALL GRADE BACK AT 3:1 BEHIND PEDESTRIAN CURB:
042+/ 29.31 L 6 TOPSOIL AND SEED.
m 42+28.8%29.53 L _j^\ 2EV I96J4 URR RAMP HMI
V 42+56.29.31.95 L O C TS 1190
I 1W5
ELEV-MA TC
2_+15.35H,30.29 L
E%IS11NG O o
, - o 0 00o DETECTABLE WARNING SURFACE ttO9p
SEE DETAIL E SHEET a
1104s ELEv=MATCH ExlsTwc RAMP LEv-46.
a 4
O 2+55-95,14,22 L I
1+9J.35.10.53 L® 111■.,1�
ELEV-MATCH E%ISTING
41+9J.88,6.56 L iw Q 43+14.54.2-5 L
+23.52 34.J5 Lm
Q 42+31.J3,11.93 L 43+00.36,20.13 L
42+43.59.16.61 L - TING 0
42+38.66.19.81 L ELEV=46.43 0 042+ R.34 e ELEV-MATC
3+23.29.23.94 L
FILL,45.920--------
+28.06,24.71 L
MEEKER ST AND BNSF (NW) �A, d ELEv=45.740
SCALE:1-5' 11 43+06.01,28.17 L
RAMP
LANDING
+28+32.24.J1 LEE]42+29.E 16�15 BR EILEV=46.55+35.4J,13,0J R Q 2+55.32.12.9J R ELEV=MATCH EXISTING
5 42+24.74,15.61 R 3+28.29.20.J1 L 0
43+22.92.23.81 L
042+20.81.16.35 R L =65031 OR 2+94.44.1J.98 L 93+ ELEV=45.93 O
V35442+41.04,1J.23 R 0 094L,21�ee L = 6052O2.82 L
OV=MATCH'EXISTING 5 ELEV=46.12 0 + .5,19.0]eL Q O
0 O LANDING, V=468182 O ELEV=4632 43+314VJ4,1 J.BSSLL O
RAMP G 42+44.07.23.30 R
O. ELEV=46.35 1w E-4528 MEEKER ST AND BNSF NE C
42+54.96.31.36 R
4O E1£V=53J4 42+40.8J,23.23 R �' 11
ELEV=46.23 10
TOP OF RAM yam/ - ICI
42+2J.31. R 1 1 2+35.24,22.SJ R 0
6 ELEV=45 45.J8 /"�
2 2J 16 26 99
42+20.J1.30.51 R- ----- ---�---- - - �
' ELEV=MATCH EXISTING
MEEKER ST AND BNSF SW B
SCALE.1=s 1 1
City oexenL MEEKER ST
Public woT1�6 Departmeet BNSF RAILROAD QUIET ZONE
00
�� NT Engin ring Divi CURB RAMP DETAILS
aWe•ImW-zron alx zv,.\sl,«1 n«4t nLa«nw,sax c<,�n«1 rl«.v-R-1w 1AI.1e w
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4, SEC. 24. T 22 IN, R 4 E, W.M.
-n+°°-
o
43+01.04,18.95 R
ELEV=4fi.94
43+06.04.19.06 R +89.04,20.88 R
ELEV=46.85,zoos E-41280
3+07.39.15.08 R 0
_ nl o rv0oBE01N o D9.44�z6 oR,�
Ro _ 70o
.50 3+14.8531fi.64 R 43+95.06,1211.0%RR'oss
0 ELEV=MATCH EXISTING
3111.49, oR
43+1 3,19,7 _7 R R9.50' 43+16.03,SO-R
O --466$ ELEV=4-05
RAMP G 43,14,64,20.64 R
ELEV=46.55
--------- ELEV=MATCH EXI%ISTING
_ ——— ——-
-- -- -- ---- ------I ENO,t,6 04+O 02'N,Q 3 95.01.31.34 R
43+05.93,24.55 R 3+�31.32 R
0
0 43+9
I RIM ELEV=411�C�1
ELEV=4V302 43+2 ,30.,4 R Q u
4 1-7.31 R m
42+95.34.320D R 0 .14i
I
43+64.90,43.30 R ®43+93.16,43.39 R
NOTES:
MEEKER ST AND BNSF SE A 1. SEE CURB RAMP NOTES ON SHEET 2.
SCALE-5 1 1 E BAcu AT 3.,eEAHLI AMPEcaNSTRucnorv.
6"TOPSOIL AND SEED.
LEGENDa
FGORB RAMP LIMITS o
DETECTABLE WARNING 90REA 65 J.
GE o
City Of Kent MEEKER ST ,6 a29
- Public Works Depsanent CURB RAMP, SIDEWALK,AND BNSF RAILROAD QUIET ZONE
�cta...T,�m I�NT Engin ring DivisionDRIVEWAY DETAILSLE
k�.0\2-8—Z..,\R,..,PTI I.,....<I..66..,—1—\B—R——1i21/ m.M
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4. SEC. 24, T 22 IN, R 4 E, W.M.
P cETM�zazzoa-916J I I PARCEL 2 2zoa-9182
to I a �FAKENT a l I "/A to
wI z w
Q I m I 12+9919,32.J1 LO Q
PARCEL 642204-9011 I 52+98.61.12.44 LD Q
U) 105D 52,60,53,31.68 L I R I I 52+98.33.3.25 L 1050 Q
6029 150 ]i I "/A L 53+45.35.32.64 1050 5 1114251312-2.1z.38 1050 � K
PARCELI p9�INJD0o OJ90
2+59.90,3.15 L li -- J 203 EG01V£NST 98032
PARCEL OVg25J0-1460 2+30.10.31.43 L
FIRST INTERSTATE BAN I� I 53+38.40,3 7 1 d'
204 W MEEKER ST 98032 6 II 1052 a J 527 L 53+J5.1 J,29.59 L 1050 a
\J'1 53+9..1J,29.55 L 1050 1020
050 51+70,15.3.J4 L O 1J,30.I5 L 5s 1020
{ ) O _ - - a+/--01.15,16.52 101050
----------------
�sl+ 20.0.03 I`J 54 1 0J 3,00 tOSO 1040
t O50
50404 2®20 1020 1055 53+96.42.20.05 L IP Il
E GOWE ST 5026 26 068 050 3+9533.21 L 0.12.1.05 1040
s0+oo s1+Oo o o a+oo -
x 9�u�u.zo�e
s 1 1040 1040 6'3�+On et.+rSy a.89 R 026 S.O
5010+700 42 R 553-897,3 1 59{9R R 1050
0 B
1040 -LI52+01.68.0.4B R
55+89.J3.
153+89.22, S. 11025 0.00
• I loso'z+zzas.1ssJ R s3+aJ.a,19.90 R 1o2s 142T1o.6071
1025 12+zJ 09 20 ST R e l 12939J2.2589
t2933825815 13+BJ.69.32.06 R 10050
447 PARCEL p9825J0-0130 I O50 II12+26.92.33.39 R ~
MUL11 SERNCE CENTER 10050 52+30.9J.14.26 R I 53+40.05,33.4 R 1050
20t 1ST AVE S 98032 5 2+36,31,20.69
63+39.82.37.31 R 10050
-- --� I 5236.0J.33,48 R
j52+59.68,4.85 I 53+z4.20,33.62 R 10050
. . s3+259.43. 31 52+ .09,44.O.Js.3R7O + 9013269 5 .12045 0R 1050
i l
PA CEL g242204-9012 I PARCEL B24F2 -9011 52+9J.J9.15.74 R1050
IxlLoxwilEAT HOLDINGS LLcI -
2D2 1ST AVE 9 98032
N/A 0a 52+9).11,33.38 R 1050 j
I rnr.n
® INLJEOTD PROTECTION. N10TE CONTRACTOR SHALL SALVAGE ALL TRAFFIC O
- O PYLONS AND BASES
AA -21
city of Kent GOWE ST
Public Works Deparnnent ALIGNMENT AND DEMOLITION BNSF RAILROAD QUIET ZONE , a 29
I�NT Engineering Divi PUN END
&\B. \zrama aMz m W-Ei.\x P1.-9 3/z/-an RM
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4, SEC. 24, T 22 IN, R 4 E, W.M.
P ETy OF2 KEENT91 RT PARCEL BNSF204-9011 52+6861, 6961E i5OB5 W
AR CI1585 52+J0.52,18. L I N/A 52+08.42,112.03 LF Q
(/) I 5 52+JD 3z, I PA 90
PARCEL M_6 D
L 52+99.51,12.20 L 1585 PARCEL B242204-9182 Q
W 15O85 52+60.21,12.19 L 2 , F Q 203 E GOWE ST 98032
I EL g9B25J0- > 52+54.90,0.23 L 3+03.14.0.19 N/A
Q ELEV=4J.J 1213 J / I
204 W ME I I II OELEVFEA =4J.90 I IL B, y
CURBLRAM SHEER pETA SHEET
Q
9
L ——
A L —————
o12.J3 1585' — —
53+99.63.12.02 1585
10 1213 .,B
4 �=
1213 ELE13V=45.iJ 20(TYPJ 55+00
E GOWE ST 51+00 o 52+00 53+
G(rP) R,A
R
11,1.2fi 6180
1�213�LLV=45.14R 1
0
__ y
1585 r
I I 7�1 O�� I NTI URB RAMP PER CURB RAMP,SID—IN
IIEMMARK(TYP)INGS P1506ER 1p DETAIL C,SHEET i N ipRTAI p,SHEET 19
PARCEL d9825J0-0130 1 52 54.80,1.JJ R
BLUE SERNCE CENTER Z E3EV 34J 1 3+69. 9
201 ST VE S 98032 I O9L45 13.BOfiR I - .]2 1213 39,I13.B R0
52+5 CO 52+97.73.11 80 R 1585 j 052+69.9a.O. R w 52+88,05,0.81 R 16605 DI TO FINISHED GRADE
J x a 52+BJ.65,13.97 R 15OB5
PARCEL/24220a-9012 G I PARCEL BNSF204-90 1 52+8J.4J,,9.85 R 1585
I-LD 1ST AVE S 90032 Ci �� I N/A 52+69.58.13.86 R 1585
52,69A3.,9.4o R lsas
1a ALL STATION AND OFFSET PROVIDED ON TRAIRC CURB IS TO FRONT
DESCRIPTION SIGN CODE SIZE MOUNT SIGN COMMENTS BID ITEMS FACE OF CURB AND ELEVATONS PROVIDED ARE TOP OF CURB
LEVATON.
HA
REPORT ISSUES -13 %3 POST E%I REPI-ACE SIGN TO SEND—OUT SOCIALCH MEDIA 0 VERTCAL�CURB.STATIONS 52+1.20 AND 53+BT.9 RONS60F THE
LED DO NOT STOP ON R8-B 3 LED POSTONE(1)SIGN FACING MST1541
RACKS
NO U-TURN R3-4 3 ONE(1)SIGN FACING WEST ON O
52+36.41, x TOP OF DOUBLE LOOK SIGN
29.09 R LOOK 15 x 1 POST ONE(1)SIGN FACING EAST,
NE(1)51 1540
533.08 L LOOK 15- xt POST NE(1ONE )SIGN LAIN CING MST0
5-3 533.26 R0 LOOK 15- xt POST UNE IN FANG EAST.
HE
(1)SIGN LACING MST 1540
LOOK 15- x, HE(„s'IIN FACING EAST.
o
26.51 L POST
NO U-TURN R3-4 x3 ONE(1)SIGN FACING EAST ON 1541
TOP OF DOUBLE LOOK SIGN
53+43.J8, LED DO NOT STOP ON ONE(1)SIGN FACING EAST m
p J
21.15 L TRACKS R8-B x3 Ep POS
S22UBB.6L, REPORT ISSUES -13 %3 POST E%ISEND—OUT SOCAL REIIIE ION To TMEDIA � E
roxu��
e g City of Kent
T. «... _ Public Works Departlnent GOWE ST BNSF RAILROAD QUIET ZONE 1e m2s
,e I�NT Engin ring DivisionCROSSING PLAN .
Q W..19.s2 amn aM1—\S—BI—1.1 C—o H...\axsF_mra_m«.«x..PImLa.s 1/21/mv 121 vM
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4. SEC. 24, T 22 N, R 4 E, W.M.
0 52+T3y 30.76 O-2'SS, D. 0,57 L
052+30.14,31.17 L "J ELEV=4J.23 52+31.02,15.90 R®
0
52+32 G6,1551 Ro
-- -- - 52+32,36,1 R
---- oS-2J.15,6.SJ R ELEV-45 $
\ Q 52OEe.V=4554 R15.50 2+3896]0 1426 40�=4693900 lR
52} 14.31 R
0 ELEV 2.sRAMP 14.50
.y�
LANDING-.�'
RAMP
d
52+59.11.23.81 R
oE�E-4583 ELEV= 422o R
0 EIEV=45.42 $ .29,1.Ot L �52+3035 2293 R 52+39.34,23.J4 RE, ---
52+29.J1,15.2J L --------- -52+32.34.29.19 R 0 ---
2+52.98. IL ------------
0 ELEV=4J.06
52+4J.9B.19.11 L
OJ EBLEV=45.J6 ®ELEV=46.6J 152133.3BR
GOWE ST AND BNSF N A GOWE ST AND BNSF (NW) c:
SCALE.1=5 1 g SCALE.1=5 18
SEE DETAIL E SHEET 4 +53 94.34,3256 loss 1tw
4.86,24.86 L �53+81.63.32.58 L 5 f
121 ----- 53+95.t],29.55 L,tw
-- --------- 54.01.1J. o
------- ----- 053+81.1).29.58E 30.35 L,+.o
.33.24
SO9.1J.29.60 L
53+1912.21.89 L
OS
BATCH EXISTING NOTES:
R14.50
SEE
0
L I CPCNB flRAMP
53+13.E1L1E21.93 L ALKo
I. AL
V= 8
9 469 ANDNG LLGRADE BACK AT
31BEHI
ND
TOPSOIL
88 21.94 o53+81.15 J19.08 L � PEDESTRIAN CURB6 ANDS
ELEV41SI ELEV=44.,30 E0143880 53+38.uBw 4+01.15,1-2 L1045 CURB RAMP LIMITS 1190
ELE-
52+98.61,12.44 L 53+38V40.15.15 L� EIEV544.010 I DETECTABLE WARNING SURFACE It90
O
3 3+3341 , L 53+95,53,15.05 LD Ia
DUE
OEL = 53,"'a014.5522 L 111,
ELEV=46520 L (as
GOWE ST AND BNSF NE
City of Kent GOWE ST 19 a29
Public Works Deparunent CURB RAMP, SIDEWALK,AND BNSF RAILROAD QUIET ZONE
XE�.�T�.,.,,c� - 1O3NT Engin ring Division DRIVEWAY DETAILS
uW.+ w-.mna aML m,\-nl..\x I sn..1 c-t-N Mss c...-o.e R.m 1.a 1/z./111 11 na
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4, SEC. 24, T 22 IN, R 4 E, W.M.
52+9J.J9.15.J4 RQ
53+03.00.1 R
ELE= 6 = 53+40.16 19.82 R 033,169
7A9.1uR ELEV=46.OE0 ELEV= 59 3+46.16 19.B3 R3EV4�330R +26.16 E 4
53+6
EL ELEV31 LEV48E
LEV6.JO
EXISTING
o—sMTCH
52
/ O E'EOV--9MATCHI.17 EXISTING
O
--- — ---- -- ----- ---- —T 53+84.i5,3,.43F
6,4,3,.29 Ro Rm
53+12.9J,31.2J R i 53+4IT14,31.3
0 3,
1iQJ.9).31.26 R 53 40. .2 RD
52'97.12.33.19 R LJ 5 B+ STSS 3J.31 Rj
GOWE ST AND BNSF SE D
SCALE:1-5' 1$
NOTES:
1. SEE CURB RAMP NOTES ON SHEET S.
2. SEE DETAIL B.SHEET 4 FOR TYPICAL SIDEWALK/RAMP CONSTRUCTON.
3. CONTRACTOR SHALL GRADE BACK AT 3:1 BEHIND PESESTRIAN CURB:
6-TOPSOIL AND REED,
I EGENDa
0 GDRB RAMP LIMITS
DETECTABLE WARNING SURFACE 10090
D e—
BRAX
city ofKe„t GOWE ST
Public works De Brtment CURB RAMP,SIDEWALK, 20 m 2s
P ALK,AND BNSF RAILROAD QUIET ZONE
I DATE .... �.:,�m.. IO:NT engineering Division DRIVEWAY DETAILS
u,b<— —t—\1.II<. ti.SI.t< t—t R—,.— RM
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4, SEC. 24, T 22 IN, R 4 E, W.M.
I I I I
oF
SIT
PARCEL p242204-9010
T IST AV AVE S KENT +
238 S 98032 w PARCEL/242204-9151
x I PARCEL a242204—s0„1 DAMS NANCY L
ry z NNS 233 RAILROAD AVE S 98032
1 .b 63+42.26, 3.00 LD
062+]3 50 1]0]L I 63+39.78317.22 L 1050 I PARCEL p91]960-06]0
1 3 5'3z RAILROAD AVE S-1 uc
102062+5].B],2,. 3+3�],,a,a Lo 1 23z RAILROAD AVE s 98032
PARCEL p9825)0-0105 II 1020 2+39.4s,3,.22 L L I 3+6030aiC 33�50
235 1ST AVEJSN98032 11026 2+10.62.1.92 L 1025 62+39.48.21.1]L 0 0
c 1 64+09.2),3.591E 1050 J
I Tr—II 62+39.45,1).16 L 0 �1 s3+e0.zo,,].aa ,oso
____ _ L --_--
I J 1050 61+92.05.6.20 L I
I 0
w 1040 ] .40 10 10a0 13 e
60+00 1+00 N9J u35, 62+00 + 63+004 — N 64+00 'a 65+00
2e 9ae9 6 �e 64+05.40,0.30 R 1026 659]
00, 1050 et+0]1 AA,'4 LI 1040 10a0 64+09.21,4.411 R 1050 J/
LLLJJJ61+ O O1415-4552
00
o.LL w
----------1293957.4309
----ta16].as9s __ _IDao _ --
w + 2 .52 686.815.]4 R t050
O 1050 62 40.05,14.85 R 63+52.52.31.]2 R 10050 I }e
1 5-3
0 08s
10 05D 62139,87, 4 131311, 05 R 10050
V 10025 62+50.06,319.12 R 6 R 1050
62+ ]0,12.81 R PIARS p91]960-650
01050 55. CG VESTMENTS LLC
1 1 10026 62+63.12,,.,3 L 83+32.1,,3,.44 1050 1 1 314 RAILROAD AVE S 90032 1
PARCEL OB25]0—LORD I � .0 62+]3.57,33 R
KENT
1ST AVE S 9B032 1050 62+)3.60.12.98
1050 62+73.62.31.98
1 I 1 i PARCEL B2a22L4-9011 PARCEL p91]960-01J5 1
PARCEL p242204-9123 F BITONDO JAMES M
DEROUIN CLARENCE S NSA 106 E TITDS ST 98032
604 1ST AVE S 98032
1 I I I 1 1 I
I Cf:M
® INLEOT PROIECTON. SALVAGE ALL TRAFFIC
PnONS AND BASES 1026
1010
IAA
City Docent E TITUS ST
Public Works Department ALIGNMENT AND DEMOLITION BNSF RAILROAD QUIET ZONE
ctt.,;.T— Engineering Division PLAN
Im.-1-S,- P.-1/u/z0za s:w
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4, SEC. 24, T 22 N, R 4 E, W.M.
NO-
SIGN 1. ALL STATON AND OFFSET PROVIDED ON TRAFFIC CURB IS TO FRONT
FACE OF CURB AND ELEVARDNE PROVIDED ARE TOP OF CURB
STATION, NE(1j SIGN FACING EAST AND SUE
VATON.
OFFSET DESCRIPTION CO SZE MOUNT SIGN COMMENTS D HEM LOON R15-8 x3 O 1504E 2. ONE(1)TRAFFIC PnON SHALL BE PLACED,'IN FRONT OF THE J'
N (,)SIGN FACING WEST VERTCAL CURB.STATIONS 61+91.00 AND 64+10.SS 0
62+21.BJ. EMERGENCY NOIIFICATON I-13 22"x34" POST ONE(1)SIGN FACING WEST 3189 L POST 3. NEW GRADE CROSSING AND 3 PRICKS SIGNS SHALL BE INSTALLED
21.61 R STOP HERE WHEN 8 1 3 ONE(1)SIGN FACING WEST 1540 PRIOR TO EXISTING GRADE CROSSING AND 3 TRACKS SIGNS BEING
FLASHING x ABOVE LOOK SIGNS REMOVED.
LED ON RB-8 30"x36" LED POST ONE(1)LED SIGN FACING WE 1541
15-NOT
STEP
62+45.18. GRADE CROSSING R1 EXISTING154E
21.40 R TRACKS 63+49.68. POST RELOCATE EXISTING SIGN
NO U-TURN R3-4 36"x36" POST ONE(1)SIGN FACING WEST 154E 22,65 L
3 TRACKS R15-2P EXISTING154E
LOOK R15-8 36"x36" ONE(1)SIGN FACING EAST AND
62+54.95. ONE(1)SIGN FACING WEST 0 LED OUTPUT STOP ON RB-e x3 D POSTONE(1)LED SIGN FACING EAST
20.5J R POST TRACKSFLASH 0
ONE(H)SIGN FACING EAST ABOVE fi3+J8.93,
S N RB-10 24"x36" LOOKO 2298 L NO O-PHRN R3-4 x3 POST ONE(1)SIGN FACING EAST 1504E
RIGHT TURN ONLY R3-SR 36x36" POST ONE(1)SIGN FACING NORTH O 63+)9.90, EMERGENCY NOIIFICAl10 13 3
32.16 L - x POST ONE(1)SIGN FACING EAST 1504E
SIGN
fi2408'49• LOOK R15-8 36"x36" POST ONE
NONE)(1)SIGNAFACINGCING AWESTST ND 154E LOOK R1R POST NEN FACING EAST AND
o
RIGHT TURN ONLY 3-5 x POST ONE(1)SIGN FACING NORM 1504E
PARCEL TM2204-9018 PAID L g20a p24422 -90t1 63+06.92.33.0E L 1505
238 1ST AVE S 98032 B�q fi3+I05.81,1-6 L 1585 I
CI OF KENT +13.63,21.05 L 1125 PARCEL d242204-9151
2
3+22.63, 0.95 LESS] DAMS NANCY L
j 233 RAILROAD AVE E 980321
+29 j 6163 .94.GOOD L 1585
1 15085 62+95.BO.13.69 L a 1 6+29OQU,3.26 L,585 1
1 I 1 158s66z+9s4o LEo'
I 1 +83.52,13.4� INSTALL FENCE CURB RAMP PER I 1 1
1505 2 e IL PER SHEET 29 DETAIL B,SHEET 23
\\\\\ �
1585 62+J3E '13 L I R PARCEL 0917960-0670
62+03.SO 0.05 L ELEV�4T 232 RAILROAD AVE S 98032 j
CEL g9525J0-D10s I j I CURB RAMP PER 1 0
235 1ST AVE S 9BD32 I DETAIL A.SHEET 63+51.JJ.13.03 L 1625 j
R
W1L JOHN
2.05 L _ 1 __�
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REFRESH
a 4 1585 3J 531 L ~ 9.3 12. L 1585 PAVEMENT
E T MARKING
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sla 0 a,s 5 MM..
M n 61+92.00.3.20 L 1213 62+68.56.0.0E L 1605 20.0'(ttP 4]01213L9 ef•
LEV=45.39 ELEV=48.14 3+00 +00 �5+9J
SU,OG61+00 R1.0' -
t605 2.0(TTP) 120(ttP) R140'
K-� � DEiEv-14s.ao E b 9aii
REFRE i_ 0 4,13,41 R
LJ 6 1
P665MENT MAR 815855.2 C.J _ 3+41.98 0.90 R
R T r ---- - ELEV=4).11 213
N -�AMP PER `� 63+35.04,1-4 R
/-R.RA SHEET 23 I I N T° PARCEL INVESTMENTS
117110-0211
LLG
/ 1 JOB INVESTMENTS LLC
/ 1625 62+54 T1, 1�5 R R� I i 314 RAILROAD AVE S 98032
CURB RAMP PER 1
1585 62+J3.60,12.0E DETAIL E.SHEET 23
PARCEL 682570-0060 DIAGONA NG L PAVEMENT 1 1
CITY OF KENT MARKIS PER BID 63+2699 03 L 561
1ST AVE S 98032 HEM(TYP),586 0
1585 62+83.60,12.16 63+24.94.12.J1 R 1585 J
062+83.62,17.67 63+23.66.20.821 R 1585 P5
1585 62+94.99.1231 63+18+88.20.45 R F1125 o�
1 15085 I2+94.80,18.55 RPDER 1 63+05.40.O.SJ L,561
CELN/242204-9123 .00.12.45 PARCEL B242204-901 63+10.2T,19.77 R 11025 PARCEL#917960-0175
HERBITCNDO JAMES M
1585 NN/q 3+05.OJ.19.82 R 15-85 t06 E TITUS ST 98032
ry Ci
Lx.:.._„ of Kent
Public Works Department E TITUS ST BNSF RAILROAD QUIET ZONE T 2z a 29
� Engin ring DivisionCROSSING PLAN _
9:�D<,m•v.T-J9z6 0�.1 E \-,1 -1-1.1-N n1«,1<,°11.P-1,Sro/- P1
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NE 1/4, SEC. 24, T 22 IN, R 4 E, W.M.
I
DRIVEWAY PER COK 8T0 2+52+50]49,1 I11s1211 H. 528 29
DETAIL b-63
062+45.50,UJO L 6
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P NOTES
62 TCH EXISTING 1 V L7 6 4 2 SEE
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-- -- LEGEND:
ELLEEV--MATCH E%I6TNG AND,- LANDNG 3+50.25,2 5 LD CURB RAMP LIMITS 11090
refer to -43 n to
EL+69.9J.826.008 L DETECTABLE WARNING SURFACE 11090
o55 63+45.25,2T58 L
63+60.20,1J.08 L loss
"REVEAL BOTH SIDES 63+53.82,�4.1�ELOEV--MATCH EXISTING 62+69.96.21.08 L ELEV=45.5411a10 IL
ELE=4J.46
62+5J.4J,26.12 L 62+J3.50 1J.O LQ J
629.45 0+3 ,17.16 L 620+4547.2111 + I ELEV=46�250L
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SCALE-5 22
062+55.J0,12,81 R D,12.98
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O ELEV=45.8 O 2+49.85,1J.89 R
ELEV-62.25 0
3+42.47
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62+39.90,
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O 6"REVEAL 03.62 - -
fit+44.30,31.94 R J
o
E TITUS ST AND BNSF SW C E TITUS ST AND BNSF NE
SCALE:1-5' 22 SCALE I-.. 22 ..
City of Kent
- Public Works Departas," E TITUS 5T BNSF RAILROAD QUIET ZONE
DATE Engineering Division CURB RAMP DETAILS
aW..Im�a.T-.mm aI.1 za,.4`•^..1 BI..�x m1�.nl�,sn«1 w,n,o<1 Nm.\-._o1m R.-3/23/m &28 EM
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NE 1/4, SEC. 25, T 22 IN, R 4 E, W.M.
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N/A PARCEL aNS0660-002J
D AVE3RS 98C32 I PARCEL#000660-0063
I I WAV TO SALVATION
1119 CENTRAL AVE S 98032
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® "LJE0T0 PROlECIION. NOTESONTRACTOR SHALL SALVAGE ALL TRAFEC Flo—
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NOTES: NE 1/4, SEC. 25, T 22 N, R 4 E, W.M.
SIGN SCHEDULE
2. vENEDESCRIPTION SIGN CODE SIZE MOUNT SIGN COMMENTS BID ITEMS
(1)LT F sTA"S ALL BE a�n^' I"FreaNT of THE J sTFFSET
OFFSET
EMERGENCY NCIECAPON 1-13 22"x34" POST NE(1)SIGN FACING NORTH 1540
DO NOT STOP ON TRACKS RB-8 36-.36- POST ONE(1)SIGN FACING WEST 1541
LOOK R15-8 36'x18' ONE(1)SIGN FACING EAST AND 1540
ONE(1)SIGN FACING WEST 4
J2+30.8J. POST
t 9.20 L NO U-TURN R3-4 36"X36" ONE(1)51 ABOW 1540
72121.11. LOOK R15-8 36'x18' POST ONE(1)SIGN FACING EAST AND 1540
ONE(1)SIGN FACING WEST
72+77.32. LOOK R15-8 36'x18' POST ONE(11)SIGN FACING EAST AND 1540
24.04 L N (1)SIGN FACING WEST
LOOK R15-8 36' " ONE(1)
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12.22 R POST
NO U-TURN R3-4 36"-- ONE(1)SIGNLOOKGNSABOVE 1540
J29.6506 EMERGENCY NOTITCAPON 1-13 22'x31 POST ONE(1)SIGN FACING SOUTHEAST 1540
72+80
DO NOT STOP ON TRACKS RB-8 36-.36- POST ONE(1)SIGN FACING WEST 1541
J12.51 R5 RIGHT TURN ONLY R3-5R 36'x36' POST ONE(1)SIGN FACING SOUTH O
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1000 3RD AVE E 98032 FILE EV P3+J3+91.J8,2.50 L
J2+J4.JJ,1J.50 L 1 225 ELEV=49.241213
-- i6O65 RELOCATE EXISTING PAYEMEN- E i 2+80.77,2.50 L J4+24.JJ.12.51 L 1585
e
------- 5 1505 J+324,11.43 L EXTEND ASPHALT
HALT SHOULDER Iml 4+J;J8,10.94 L 1585
112 4'
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NSF I WAY TO SALVATION
1119 CENTRAL-S 98032 �
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NE 1/4, SEC. 24. T 22 N, R 4 E, W.M.
I
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2'SO x tfi GA
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----------------------
L NE 1/4. SEC. 24 T 22 IN, R 4 E, W.M. Nores LL
END
RAILROAD AVE N ON TO ENSURE THAT THERE ARE NO CDNFLICTS BETWEEN EXISTING ULLITIES AND PRDPDSED FENCE POSTS.
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ct .:T.�.. I�.NT Engineering Division FENCE PLAN M
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_— —A%N4�2F--1.2
NE 1/4, SEC. 24, T 22 N, R 4 E, W.M. NOTES
1 TRACK RAIILPOSED WHEREFENCE 10'10'CLEARANCE IS FROM
POSSIBLE,SET PROPOSED
XISTING BNEF
RAILROA AVE 5 FENCE AT BACK of EXISING GUARDRAIL.
a ---_2. PARKS DEPARTMENT TO ET GIVEN A MINIMUM OF 48 HOURS NOTICE
PRIOR TO ANY FENCE IN ALLOW FOR WORK THAT IGN VALL IMPACT EXISTING
TREES AND SHRUBS TO ALLOW FOR VEGETATION PRUNING.COORDINATE
COMMUNICATION TO PARKS DEPARTMENT WITi PROJECT ENGINEER.
8 CONTRACTOR SHALL NOT PROCEED—FENCE INSTALLATION IN THIS
AREA UNTIL PRUNING HAS BEEN COMPLETED.
PARC S 3. PARKS PROPERTIES THROUGHOUT
ETHE
MPROJBECT AREA
I ANYTY FGAMAGEE
j 2 CONTRACTORTo THESE ISTNG RIGALON G%PENSETREPAIR 5 ALLL BE REPAIRED BY DITONS
I PARCEL/242204-9182 EL BN22°4-918 H
IMMEDIATELY PRIOR TO THE OCCURRENCE OF DAMAGE.
BNSF F (n ILI THEIR ESPONSIBILITY OF THE PROPOSED
FICTOR TO POTHOLE ANY
4 UTLITES N THE EVDIRE ARE
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N/A ANDBSE THAT PROPOSED FENCE POSTE.0 J151CT5 BETVEEN EXISTING UTILITIES
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N C TINUES ° • y
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x'{ SEE NOTE 2 I PARCEL#OF2KEN-9198
CIT• 52+51.32.33.01 L
CONTRACTOR SHALL — _ N/A— -------------- ------
NOT DISTURB EXISTING
FENCE OR VEGETAL ON CONTRACTOR SHALL
42+45.50,33.23 R 1
NOT E OR V EXISTING
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N/A ELgg2H2204-9DIL
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1� 204 W w MEEKER ST 9803 o PARCEL 1
82570-a�D v
201 isSERCE T AVE 5NS.121�1,
City oflcent FENCING
°"'EC""� - Public Works Department MEEKER ST TO GOWE ST BNSF RAILROAD QUIET ZONEso, PA. rZT 26°F 296�
.-c .,,.T�c IOENT Engineering Division FENCE PLAN
c:\—RY\23-sate QU,1 Z..\I..< 1-—1-1 PI—\8NSF_u,mk,-c..._r-PI...m,21/o/—e:10 PM
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
NE 1/4, SEC. 24, T 22 IN, R 4 E, W.M. -
' NOEOCAIE PROPOSED FENCE 10'CLEAR FROM NEAREST E1I11N1 BNSF
GUARDRAIL AT A LOCATION APPROVED
�2ACT"UTILITIES IN THE VICINITY OF PROPOSED FENCE INSTALLATION TO
ENGDREo AT THERE ARE ND oCTC RETWEEN EXIS NG UTILITIES
01 AND PR POSED FENCE POSTS. 315
y----------------------------------———————————————————————————————
PARCEL#24zz04-9182
BNEF
N/A 1
PARCE DAVIS N4ANCY L 151
233 RAILROAD AVE 5 98032
II 1 EL#9n960-0n5 PASRCITONDO DAMES M
—----------------------------------------- I 10s E nTus ST 98032
LOCATION APPROXIMATE ________
SET POST fi'CLEAR OF
PARCEL#242204-9011
BNSF PARCEL#242204-9011
NSF
N/A /A
PARCEL BNSF 4-9011
53+06.58,33.01 L B BNSF
N/A
FENCE CONTINUES.
SEE SHEET
1—'�— PARCEL#242204-9196
52 _1 i� A
FENCE,SEE DETAIL F AP T +51.9T,3-9 R CITY OFAKENT FENCE,SEE F 1�� T I I�
ON SHEET#,TTP T
--------------------------------------ON SHEET 26----------------
RELO—EXISTING NO
P PARCEL#242204-9187 O PARKING SIGN AS DIRECTED 62+6322,3300 L 0 III
CLY
PARCEL#242204-9012 BY PROJECT ENGINEER
AR N/AKENT 1 WTLD WHEAT HOLDINGS LLC
202 1ST AVE E 98032 CEL�p242204-9123
CONTRACTOR SHALL n I P EROUI CLARENCE 5
NOT DISTURB EXISTING i fiO4 1ST AVE 5 98032
a l
FENCE—VEGETATIOry PARCEL#242zaa-901a
-------- cnr of KENT
-- — 23e 1ST AVE s 9aa3z \
-----------------------------------------------------------Y OFIF J
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RUTHELERNCETCENIEO T PARCEL#9625)0-0105 T
EL 17F
#9825 O1 1ST AYE E 9 T WILNING JOHN • F m -
2C4 W MEEKER ST 98032 INTERSTATE C
FIR 235 1ST AYE 9 98032 r _
I AA
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na�c.xo. City ofKCllt FENCING29 0r 29
`°"'FE""°°`"`" Public Works Department GOWE ST TO TUTUS ST FENCE BNSF RAILROAD QUIET ZONE
...,ct?>m.;.?� 11T Enginccnng Division PLAN
mW..a.Vrxze aI.T_.N._ Pm.a.,,t/1s/tea x.To Pa
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
Exhibit A-1
[Insert cross-hatched drawing of the Temporary Construction License and Project]
[BARTLETT AND WEST TO PREPARE EXHIBIT A-1]
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
Exhibit B
EASEMENT AGREEMENT
FOR
(C&M Agreement)
THIS EASEMENT AGREEMENT FOR ("Easement
Agreement") is made and entered into as of the day of
20_ ("Effective Date"), by and between BNSF RAILWAY
COMPANY, a Delaware corporation ("Grantor"), and
a ("Grantee").
A. Grantor owns or controls certain real property situated at or near the vicinity
of , County of , State of , at Mile
Post [Project # ], as described or depicted on Exhibit "A"
attached hereto and made a part hereof (the "Premises").
B. Grantor and Grantee have entered into that certain Construction and
Maintenance Agreement dated as of
concerning improvements on or near the Premises (the "C&M Agreement").
C. Grantee has requested that Grantor grant to Grantee an easement over the
Premises for the Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms
and conditions set forth in this Easement and in the C&M Agreement incorporated herein
as if fully set forth in this instrument which terms shall be in full force and effect for
purposes of this Easement even if the C&M Agreement is, for whatever reason, no longer
in effect.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are
incorporated herein, the mutual promises contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes
set forth in the C&M Agreement. Any improvements to be constructed in
connection with the Easement Purpose are referred to herein as
"Improvements" and shall be constructed, located, configured and
maintained by Grantee in strict accordance with the terms of this
Easement Agreement and the C&M Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive
easement ("Easement") over the
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
Premises for the Easement Purpose and for no other purpose. The
Easement is granted subject to
Easement Agreement Form 704CM; Rev. 03/23/2019
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
any and all restrictions, covenants, easements, licenses, permits, leases
and other encumbrances of whatsoever nature whether or not of record, if
any, relating to the Premises and subject to all
with all applicable federal, state and local laws, regulations, ordinances,
restrictions, covenants and court or administrative decisions and orders,
including Environmental Laws (defined below) and zoning laws
(collectively, "Laws"). Grantee may not make any alterations or
improvements or perform any maintenance or repair activities within the
Premises except in accordance with the terms and conditions of the C&M
Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be
exercised by Grantor and any other parties who may obtain written permission or authority
from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate,
change, modify and relocate any existing pipe, power,
communication, cable, or utility lines and appurtenances and other
facilities or structures of like character (collectively, "Lines") upon,
over, under or across the Premises;
(b) to install, construct, maintain, renew, repair, replace, use, operate,
change, modify and relocate any tracks or additional facilities or
structures upon, over, under or across the Premises; and
(c) to use the Premises in any manner as the Grantor in its sole
discretion deems appropriate, provided Grantor uses all
commercially reasonable efforts to avoid material interference with
the use of the Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Easement, unless sooner terminated
under provisions of this Easement Agreement, shall be perpetual.
Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges
that Grantor has made no representation whatsoever to Grantee concerning the state or
condition of the Premises, or any personal property located thereon, or the nature or
extent of Grantor's ownership interest in the Premises. Grantee has not relied on any
statement or declaration of Grantor, oral or in writing, as an inducement to entering into
this Easement Agreement, other than as set forth herein. GRANTOR HEREBY
DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR
IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR
WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH
PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE
TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH
PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED.
UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS"
AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON
GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has
inspected or will inspect the Premises, and enters upon Grantor's rail corridor and
property with knowledge of its physical condition and the danger inherent in Grantor's rail
operations on or near the Premises. Grantee acknowledges that this Easement
Agreement does not contain any implied warranties that Grantee or Grantee's
Contractors (as hereinafter defined) can successfully construct or operate the
Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT
WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE
IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET
ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming
title to or any interest in the Premises, or by the abandonment by Grantor of the affected
rail corridor, Grantor shall not be liable to refund Grantee any compensation paid
hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions
necessary and proper to the lawful establishment, construction, operation, and
maintenance of the Improvements, including such actions as may be necessary to obtain
any required permits, approvals or authorizations from applicable governmental
authorities. Any and all cuts and fills, excavations or embankments necessary in the
construction, maintenance, or future alteration of the Improvements shall be made and
maintained in such manner, form and extent as will provide adequate drainage of and
from the adjoining lands and premises of the Grantor; and wherever any such fill or
embankment shall or may obstruct the natural and pre-existing drainage from such lands
and premises of the Grantor, the Grantee shall construct and maintain such culverts or
drains as may be requisite to preserve such natural and pre-existing drainage, and shall
also wherever necessary, construct extensions of existing drains, culverts or ditches
through or along the premises of the Grantor, such extensions to be of adequate sectional
dimensions to preserve the present flowage of drainage or other waters, and of materials
and workmanship equally as good as those now existing. In the event any construction,
repair, maintenance, work or other use of the Premises by Grantee will affect any Lines,
fences, buildings, improvements or other facilities (collectively, "Other Improvements"),
Grantee will be responsible at Grantee's sole risk to locate and make any adjustments
necessary to such Other Improvements. Grantee must contact the owner(s) of the Other
Improvements notifying them of any work that may damage these Other Improvements
and/or interfere with their service and obtain the owner's written approval prior to so
affecting the Other Improvements. Grantee must mark
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all Other Improvements on the Plans and Specifications and mark such Other
Improvements in the field in order to verify their locations. Grantee must also use all
reasonable methods when working on or near Grantor property to determine if any Other
Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee
agrees to keep the above-described premises free and clear from combustible materials
and to cut and remove or cause to be cut and removed at its sole expense all weeds and
vegetation on said premises, said work of cutting and removal to be done at such times
and with such frequency as to comply with Grantee and local laws and regulations and
abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes,
assessments or other charges (collectively, "Taxes") levied or assessed upon the
Improvements by any governmental or quasi-governmental body or any Taxes levied or
assessed against Grantor or the Premises that are attributable to the Improvements.
Grantee agrees to purchase, affix and cancel any and all documentary stamps in the
amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes
and any and all fees incidental to recordation of the Memorandum of Easement. In the
event of Grantee's failure to do so, if Grantor shall become obligated to do so, Grantee
shall be liable for all costs, expenses and judgments to or against Grantor, including all
of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with
all federal, state and local environmental Laws in its use of the Premises, including, but
not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the
Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
and the Toxic Substances Control Act (collectively referred to as the "Environmental
Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal"
facility, or "underground storage tank," as those terms are defined by Environmental
Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release
of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous
substances" may now or in the future be defined by any Environmental Laws.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's
Resource Operations Center at (800) 832-5452 of any release of hazardous substances
on or from the Premises, violation of Environmental Laws, or inspection or inquiry by
governmental authorities charged with enforcing Environmental Laws with respect to
Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to
any release on or from the Premises. Grantee also shall give Grantor immediate notice
of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or
otherwise cure such release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from Grantee
or otherwise of a release or violation of Environmental Laws which occurred or may occur
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
during the term of this Easement Agreement, Grantor may require Grantee, at Grantee's
sole risk and expense, to take timely measures to
4
Easement Agreement Form 704CM; Rev. 03/23/2019
investigate, remediate, respond to or otherwise cure such release or violation affecting
the Premises. If during the construction or subsequent maintenance of the Improvements,
soils or other materials considered to be environmentally contaminated are exposed,
Grantee will remove and safely dispose of said contaminated soils. Determination of soils
contamination and applicable disposal procedures thereof, will be made only by an
agency having the capacity and authority to make such a determination.
7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing
any conditions or activities upon the Premises known to Grantee which create a risk of
harm to persons, property or the environment and shall take whatever action is necessary
to prevent injury to persons or property arising out of such conditions or activities;
provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any
obligation whatsoever imposed on it by this Easement Agreement. Grantee shall
promptly respond to Grantor's request for information regarding said conditions or
activities.
7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof
satisfactory to Grantor that Grantee is in compliance with this Section 7. Should Grantee
not comply fully with the above-stated obligations of this Section 7, notwithstanding
anything contained in any other provision hereof, Grantor may, at its option, terminate this
Easement Agreement by serving five (5) days' notice of termination upon Grantee. Upon
termination, Grantee shall remove the Improvements and restore the Premises as
provided in Section 9.
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's
Contractors, fails to properly perform its obligations under this Easement Agreement,
Grantor, in its sole discretion, may: (i) seek specific performance of the unperformed
obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work
as Grantor deems necessary for the safety of its rail operations, activities and property,
or to avoid or remove any interference with the activities or property of Grantor, or anyone
or anything present on the rail corridor or property with the authority or permission of
Grantor. Grantee shall promptly reimburse Grantor for all costs of work performed on
Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform
any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation
set forth in this Easement Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement
Agreement by serving five (5) days' notice in writing upon Grantee if Grantee should
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
abandon or cease to use the Premises for the Easement Purpose. Any waiver by Grantor
of any default or defaults shall not constitute a waiver of the right to terminate this
Easement Agreement for any subsequent default or defaults, nor shall any such waiver
in any way affect Grantor's ability to enforce any section of this Easement Agreement.
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8.3 Effect of Termination or Expiration. Neither termination nor expiration will
release Grantee from any liability or obligation under this Easement, whether of indemnity
or otherwise, resulting from any acts, omissions or events happening prior to the date of
termination or expiration, or, if later, the date the Premises are restored as required by
Section 9.
8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be
in addition to, and not in limitation of, any other remedies that Grantor may have under
the C&M Agreement, at law or in equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this
Easement Agreement, whether by abandonment of the Easement or by the exercise of
Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense,
immediately perform the following:
(a) remove all or such portion of Grantee's Improvements and
all
(b) appurtenances thereto from the Premises, as Grantor directs
at Grantor's sole discretion;
(c) repair and restore any damage to the Premises arising from,
growing out of, or connected with Grantee's use of the
Premises;
(d) remedy any unsafe conditions on the Premises created or
aggravated by Grantee; and
(e) leave the Premises in the condition which existed as of the
Effective Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated,
Grantor may direct Grantee to undertake one or more of the actions set forth above, at
Grantee's sole cost, in which case Grantee shall have a limited license to enter upon the
Premises to the extent necessary to undertake the actions directed by Grantor. The terms
of this limited license include all of Grantee's obligations under this Easement Agreement.
Termination will not release Grantee from any liability or obligation under this Easement
Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or
events happening prior to the date of termination, or, if later,
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the date when Grantee's Improvements are removed and the Premises are restored to
the condition that existed as of the Effective Date. If Grantee fails to surrender the
Premises to Grantor upon any termination of the Easement, all liabilities and obligations
of Grantee hereunder shall continue in effect until the Premises are surrendered.
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens
arising out of any construction, alterations or repairs done, suffered or permitted to be
done by Grantee on the Premises or attributable to Taxes that are the responsibility of
Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or take
any other action upon or with respect to the Premises that is or may be permitted by Law
to prevent the attachment of any such liens to any portion of the Premises; provided,
however, that failure of Grantor to take any such action shall not relieve Grantee of any
obligation or liability under this Section 10 or any other section of this Easement
Agreement.
Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations)
under this Easement Agreement to Goldfinch Exchange Company LLC, an exchange
intermediary, in order for Grantor to effect an exchange under Section 1031 of the Internal
Revenue Code. In such event, Grantor shall provide Grantee with a Notice of
Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of
receipt of such notice.
Section 12 Notices. Any notice required or permitted to be given hereunder
by one party to the other shall be delivered in the manner set forth in the C&M
Agreement. Notices to Grantor under this Easement shall be delivered to the following
address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft.
Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time
direct by notice to Grantee.
Section 13 Recordation. It is understood and agreed that this Easement
Agreement shall not be in recordable form and shall not be placed on public record and
any such recording shall be a breach of this Easement Agreement. Grantor and Grantee
shall execute a Memorandum of Easement in the form attached hereto as Exhibit "B"
(the "Memorandum of Easement") subject to changes required, if any, to conform such
form to local recording requirements. [*IF LEGAL DESCRIPTION IS NOT AVAILABLE
USE THE FOLLOWING IN PLACE OF THE PRIOR SENTENCE: As of the Effective
Date, a legal description of the Premises is not available. Grantee and Grantor shall work
together in good faith to establish the legal description for the Premises. Once Grantor
and Grantee have approved the legal description, Grantor and Grantee shall execute a
Memorandum of Easement in the form attached hereto as Exhibit "B" (the
"Memorandum of Easement').] The Memorandum of Easement shall be
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recorded in the real estate records in the county where the Premises are located. If a
Memorandum of Easement is not executed by the parties and recorded as described
above within days of the Effective Date, Grantor shall have the right to terminate
this Easement Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of
this Easement Agreement shall be decided according to the substantive Laws of the State
of [Texas] without regard to conflicts of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants
and agreements of Grantee herein contained shall be the joint and several covenants and
agreements of such parties. This instrument and all of the terms, covenants and
provisions hereof shall inure to the benefit of and be binding upon each of the parties
hereto and their respective legal representatives, successors and assigns and shall run
with and be binding upon the Premises.
14.3 If any action at law or inequity is necessary to enforce or interpret the terms
of this Easement Agreement, the prevailing party or parties shall be entitled to reasonable
attorneys'fees, costs and necessary disbursements in addition to any other relief to which
such party or parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or
unenforceable under present or future Laws, such provision will be fully severable and
this Easement Agreement will be construed and enforced as if such illegal, invalid or
unenforceable provision is not a part hereof, and the remaining provisions hereof will
remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision
herein, there will be added automatically as a part of this Easement Agreement a
provision as similar in its terms to such illegal, invalid or unenforceable provision as may
be possible and be legal, valid and enforceable.
14.5 This Easement Agreement and the C&M Agreement, which is incorporated herein,
is the full and complete agreement between Grantor and Grantee with respect to all matters
relating to Grantee's use of the Premises, and supersedes any and all other agreements between
the parties hereto relating to Grantee's use of the Premises as described herein. However, nothing
herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to
defend and hold Grantor harmless in any prior written agreement between the parties.
14.6 Time is of the essence for the performance of this Easement Agreement.
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Section 15. Administrative Fee. Grantee acknowledges that a material consideration
for this agreement, without which it would not be made, is the agreement between
Grantee and Grantor, that the Grantee shall pay upon return of this Easement Agreement
signed by Grantee to Grantor's Broker a processing fee in the amount of$_0
over and above the agreed upon acquisition price. Said fee shall be made payable to
BNSF Railway Company by a separate check.
Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware
corporation
By:
Name:
Title:
GRANTEE:
a
By:
Name:
Title:
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EXHIBIT "A"
Premises
Easement Exhibit-A Form 704CM; Rev. 03/23/2019
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
EXHIBIT "B"
MEMORANDUM OF EASEMENT
THIS MEMORANDUM OF EASEMENT is hereby executed this day
of , 201_, by and between BNSF RAILWAY COMPANY, a
Delaware corporation ("Grantor"), whose address for purposes of this instrument is 2500
Lou Menk Drive, Fort Worth, Texas 76131, and
a
("Grantee"), whose address for purposes of this instrument is
, which terms "Grantor" and "Grantee" shall
include, wherever the context permits or requires, singular or plural, and the heirs, legal
representatives, successors and assigns of the respective parties:
WITNESSETH:
WHEREAS, Grantor owns or controls certain real property situated in
County, as described on Exhibit"A" attached hereto and incorporated herein
by reference (the "Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
, 201_(the "Easement Agreement")which set forth,
among other things, the terms of an easement granted by Grantor to Grantee over and
across the Premises (the "Easement"); and
WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions
of the Easement Agreement of record.
For valuable consideration the receipt and sufficiency of which are hereby
acknowledged, Grantor does grant unto Grantee and Grantee does hereby accept from
Grantor the Easement over and across the Premises.
The term of the Easement, unless sooner terminated under provisions of the
Easement Agreement, shall be perpetual.
All the terms, conditions, provisions and covenants of the Easement Agreement
are incorporated herein by this reference for all purposes as though written out at length
herein, and both the Easement Agreement and this Memorandum of Easement shall be
deemed to constitute a single instrument or document. This Memorandum of Easement
is not intended to amend,
Easement- Exhibit B Form 704CM; Rev. 03/23/2019
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modify, supplement, or supersede any of the provisions of the Easement Agreement and,
to the extent there may be any conflict or inconsistency between the Easement
Agreement or this Memorandum of Easement, the Easement Agreement shall control.
END OF PAGE — SIGNATURE PAGE FOLLOWS
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Easement-Exhibit B Form 704CM; Rev. 03/23/2019
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of
Easement to as of the date and year first above written.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware
corporation
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of
20_, by (name) as
(title) of BNSF RAILWAY COMPANY, a
Delaware corporation.
Notary Public
My appointment expires:
(Seal)
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Easement-Exhibit B Form 704CM; Rev. 03/23/2019
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GRANTEE:
By:
Name:
Title:
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of
20_, by
(name) as (title) of
, a
Notary Public
My appointment expires:
(Seal)
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Easement-Exhibit B Form 704CM; Rev. 03/23/2019
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EXHIBIT C1
EXHIBIT "C-1"
Agreement Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Railway File: BF-20237650
Agency Project:
, a/an (hereinafter called "Contractor"), has entered into an agreement (hereinafter called
"Agreement") dated , 20_, [***Drafter's Note: insert the date of the
contract between the Agency and the Contractor here] with the City of Kent for the
performance of certain work in connection with the following
project: . Performance of such work will necessarily require
Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of
way and property (hereinafter called "Railway Property"). The Agreement provides that
no work will be commenced within Railway Property until the Contractor employed in
connection with said work for City of Kent (i) executes and delivers to Railway an
Agreement in the form hereof, and (ii) provides insurance of the coverage and limits
specified in such Agreement and Section 3 herein. If this Agreement is executed by a
party who is not the Owner, General Partner, President or Vice President of Contractor,
Contractor must furnish evidence to Railway certifying that the signatory is empowered
to execute this Agreement on behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon
Railway Property and as an inducement for such entry, Contractor, effective on the date
of the Agreement, has agreed and does hereby agree with Railway as follows:
1) RELEASE OF LIABILITY AND INDEMNITY
A. Contractor hereby waives, releases, indemnifies, defends and holds harmless
Railway for all judgments, awards, claims, demands, and expenses (including
attorneys' fees), for injury or death to all persons, including Railway's and
Contractor's officers and employees, and for loss and damage to property
belonging to any person, arising in any manner from Contractor's or any of
Contractor's subcontractors' acts or omissions or any work performed on or
about Railway's property or right-of-way. This obligation shall not include
such claims, costs, damages, or expenses which may be caused by the
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS
AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C.20903 AND 83 U.S.C.490
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sole negligence of Railway or its contractors, agents or employees;
Provided, that if the claims or damages are caused by or result from the
concurrent negligence or other acts or omissions of (a) Railway, its
contractors, agents or employees and (b) Contractor, its subcontractors,
agents or employees, this provision shall be valid and enforceable only to
the extent of the negligence of the Contractor, its subcontractors, agents or
employees.
B. It is mutually negotiated between the parties that the indemnification
obligation shall include all claims brought by Contractor's employees
against Railway, its agents, servants, employees or otherwise, and
Contractor expressly waives its immunity under the industrial insurance
act (RCW Title 51) and assumes potential liability for all actions brought by
its employees.
C. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR
INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST
RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT,
INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY
APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO
CLAIMED.
D. Contractor further agrees, at its expense, in the name and on behalf of Railway,
that it will adjust and settle all claims made against Railway, and will, at Railway's
discretion, appear and defend any suits or actions of law or in equity brought
against Railway on any claim or cause of action arising or growing out of or in
any manner connected with any liability assumed by Contractor under this
Agreement for which Railway is liable or is alleged to be liable. Railway will give
notice to Contractor, in writing, of the receipt or dependency of such claims and
thereupon Contractor must proceed to adjust and handle to a conclusion such
claims, and in the event of a suit being brought against Railway, Railway may
forward summons and complaint or other process in connection therewith to
Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle
such suits and protect, indemnify, and save harmless Railway from and against
all damages, judgments, decrees, attorney's fees, costs, and expenses growing
out of or resulting from or incident to any such claims or suits.
E. In addition to any other provision of this Agreement, in the event that all or any
portion of this Article shall be deemed to be inapplicable for any reason, including
without limitation as a result of a decision of an applicable court, legislative
enactment or regulatory order, the parties agree that this Article shall be
interpreted as requiring Contractor to indemnify Railway to the fullest extent
permitted by applicable law.
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
F. It is mutually understood and agreed that the assumption of liabilities and
indemnification provided for in this Agreement survive any termination of this
Agreement.
2) TERM
This Agreement is effective from the date of the Agreement until (i) the
completion of the project set forth herein, and (ii) full and complete payment to
Railway of any and all sums or other amounts owing and due hereunder.
3) INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the life of this
Agreement the following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad
form contractual liability with a combined single limit of a minimum of
$2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but
in no event less than the amount otherwise carried by the Contractor.
Coverage must be purchased on a post 2004 ISO occurrence form or
equivalent and include coverage for, but not limit to the following:
♦ Bodily Injury and Property Damage
♦ Personal Injury and Advertising Injury
♦ Fire legal liability
♦ Products and completed operations
This policy shall also contain the following endorsements, which shall be
indicated on the certificate of insurance:
♦ The definition of insured contract shall be amended to remove any
exclusion or other limitation for any work being done within 50 feet of
railroad property.
♦ Waver of subrogation in favor of and acceptable to Railway.
♦ Additional insured endorsement in favor of and acceptable to Railway.
♦ Separation of insureds.
♦ The policy shall be primary and non-contributing with respect to any
insurance carried by Railway.
It is agreed that the workers' compensation and employers' liability related
exclusions in the Commercial General Liability insurance policy(s) required
herein are intended to apply to employees of the policy holder and shall not
apply to Railway employees.
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
No other endorsements limiting coverage as respects obligations under this
Agreement may be included on the policy with regard to the work being
performed under this agreement.
B. Business Automobile Insurance. This insurance shall contain a combined
single limit of at least $1,000,000 per occurrence, and include coverage for,
but not limited to the following:
♦ Bodily injury and property damage
♦ Any and all vehicles owned, used or hired
The policy shall also contain the following endorsements or language, which
shall be indicated on the certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railway.
♦ Additional insured endorsement in favor of and acceptable to Railway.
♦ Separation of insureds.
♦ The policy shall be primary and non-contributing with respect to any
insurance carried by Railway.
C. Workers Compensation and Employers Liability insurance including coverage
for, but not limited to:
♦ Contractor's statutory liability under the worker's compensation laws of
the state(s) in which the work is to be performed. If optional under State
law, the insurance must cover all employees anyway.
♦ Employers' Liability (Part B) with limits of at least $500,000 each
accident, $500,000 by disease policy limit, $500,000 by disease each
employee.
This policy shall also contain the following endorsements or language, which
shall be indicated on the certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railway.
D. Railroad Protective Liability insurance naming only the Railway as the Insured
with coverage of at least $2,000,000 per occurrence and $6,000,000 in the
aggregate. The policy Must be issued on a standard ISO form CG 00 35 12
04 and include the following:
♦ Endorsed to include the Pollution Exclusion Amendment
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
♦ Endorsed to remove any exclusion for punitive damages.
♦ No other endorsements restricting coverage may be added.
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
♦ The original policy must be provided to the Railway prior to performing
any work or services under this Agreement
♦ Definition of "Physical Damage to Property" shall be endorsed to read:
"means direct and accidental loss of or damage to all property owned
by any named insured and all property in any named insured' care,
custody, and control arising out of the acts or omissions of the
contractor named on the Declarations.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate
(if available) in
Railway's Blanket Railroad Protective Liability Insurance Policy.
Other Requirements:
Where allowable by law, all policies (applying to coverage listed above) shall
contain no exclusion for punitive damages.
Contractor agrees to waive its right of recovery against Railway for all claims and
suits against
Railway. In addition, its insurers, through the terms of the policy or policy
endorsement, waive
their right of subrogation against Railway for all claims and suits. Contractor
further waives its right of recovery, and its insurers also waive their right of
subrogation against Railway for loss of its owned or leased property or property
under Contractor's care, custody or control.
Allocated Loss Expense shall be in addition to all policy limits for coverages
referenced above.
Contractor is not allowed to self-insure without the prior written consent of
Railway. If granted by Railway, any self-insured retention or other financial
responsibility for claims shall be covered directly by Contractor in lieu of
insurance. Any and all Railway liabilities that would otherwise, in accordance with
the provisions of this Agreement, be covered by Contractor's insurance will be
covered as if Contractor elected not to include a deductible, self-insured retention
or other financial responsibility for claims.
Prior to commencing services, Contractor shall furnish to Railway an acceptable
certificate(s) of insurance from an authorized representative evidencing the
required coverage(s), endorsements, and amendments. The certificate should be
directed to the following address:
BNSF Railway Company
c/o CertFocus
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
P.O. Box 140528
Kansas City, MO 64114
Toll Free: 877-576-2378
Fax number: 817-840-7487
Email: BNSF()certfocus.com
www.certfocus.com
Contractor shall notify Railway in writing at least 30 days prior to any cancellation,
non- renewal, substitution or material alteration.
Any insurance policy shall be written by a reputable insurance company
acceptable to Railway or with a current Best's Guide Rating of A- and Class VII
or better, and authorized to do business in the state(s) in which the service is to
be provided.
If coverage is purchased on a "claims made" basis, Contractor hereby agrees to
maintain coverage in force for a minimum of three years after expiration,
cancellation or termination of this Agreement. Annually Contractor agrees to
provide evidence of such coverage as required hereunder.
Contractor represents that this Agreement has been thoroughly reviewed by
Contractor's insurance agent(s)/broker(s), who have been instructed by
Contractor to procure the insurance coverage required by this Agreement.
Not more frequently than once every five years, Railway may reasonably modify
the required insurance coverage to reflect then-current risk management
practices in the railroad industry and underwriting practices in the insurance
industry.
If any portion of the operation is to be subcontracted by Contractor, Contractor
shall require that the subcontractor shall provide and maintain insurance
coverage(s) as set forth herein, naming Railway as an additional insured, and
shall require that the subcontractor shall release, defend and indemnify Railway
to the same extent and under the same terms and conditions as Contractor is
required to release, defend and indemnify Railway herein.
Failure to provide evidence as required by this section shall entitle, but not require,
Railwayto terminate this Agreement immediately. Acceptance of a certificate that
does not comply with this section shall not operate as a waiver of Contractor's
obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained
by Contractor shall not be deemed to release or diminish the liability of Contractor
including, without limitation, liability under the indemnity provisions of this
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
Agreement. Damages recoverable by Railway shall not be limited by the amount
of the required insurance coverage.
In the event of a claim or lawsuit involving Railway arising out of this agreement,
Contractor will make available any required policy covering such claim or lawsuit.
These insurance provisions are intended to be a separate and distinct obligation
on the part of the Contractor. Therefore, these provisions shall be enforceable
and Contractor shall be bound thereby regardless of whether or not indemnity
provisions are determined to be enforceable in the jurisdiction in which the work
covered hereunder is performed.
For purposes of this section, Railway shall mean "Burlington Northern Santa Fe
LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and
affiliates of each.
4) SALES AND OTHER TAXES
A. In the event applicable sales taxes of a state or political subdivision of a state of
the United States are levied or assessed in connection with and directly related
to any amounts invoiced by Contractor to Railway ("Sales Taxes"), Railway shall
be responsible for paying only the Sales Taxes that Contractor separately states
on the invoice or other billing documents provided to Railway; provided, however,
that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax
exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor
shall be responsible for all sales, use, excise, consumption, services and other
taxes which may accrue on all services, materials, equipment, supplies or
fixtures that Contractor and its subcontractors use or consume in the
performance of this Agreement, (iii) Contractor shall be responsible for Sales
Taxes (together with any penalties, fines or interest thereon) that Contractor fails
to separately state on the invoice or other billing documents provided to Railway
or fails to collect at the time of payment by Railway of invoiced amounts (except
where Railway claims a Sales Tax exemption), and (iv) Contractor shall be
responsible for Sales Taxes (together with any penalties, fines or interest
thereon) if Contractor fails to issue separate invoices for each state in which
Contractor delivers goods, provides services or, if applicable, transfers intangible
rights to Railway.
B. Upon request, Contractor shall provide Railway satisfactory evidence that all
taxes (together with any penalties, fines or interest thereon) that Contractor is
responsible to pay under this Agreement have been paid. If a written claim is
made against Contractor for Sales Taxes with respect to which Railway may be
liable for under this Agreement, Contractor shall promptly notify Railway of such
claim and provide Railway copies of all correspondence received from the taxing
authority. Railway shall have the right to contest, protest, or claim a refund, in
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
Railway's own name, any Sales Taxes paid by Railway to Contractor or for which
Railway might otherwise be responsible for under this Agreement; provided,
however, that if Railway is not permitted by law to contest any such Sales Tax in
its own name, Contractor shall, if requested by Railway at Railway's sole cost
and expense, contest in Contractor's own name the validity, applicability or
amount of such Sales Tax and allow Railway to control and conduct such
contest.
C. Railway retains the right to withhold from payments made under this Agreement
amounts required to be withheld under tax laws of any jurisdiction. If Contractor
is claiming a withholding exemption or a reduction in the withholding rate of any
jurisdiction on any payments under this Agreement, before any payments are
made (and in each succeeding period or year as required by law), Contractor
agrees to furnish to Railway a properly completed exemption form prescribed by
such jurisdiction. Contractor shall be responsible for any taxes, interest or
penalties assessed against Railway with respect to withholding taxes that
Railway does not withhold from payments to Contractor.
5) EXHIBIT "C" CONTRACTOR REQUIREMENTS
A. The Contractor must observe and comply with all provisions, obligations,
requirements and limitations contained in the Agreement, and the Contractor
Requirements set forth on Exhibit "C" attached to the Agreement and this
Agreement, including, but not be limited to, payment of all costs incurred for any
damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting
from use, occupancy, or presence of its employees, representatives, or agents or
subcontractors on or about the construction site. Contractor shall execute a
Temporary Construction Crossing Agreement or Private Crossing Agreement
(http://www.bnsf.com/communities/fags/permits-real-estate/), for any temporary
crossing requested to aid in the construction of this Project, if approved by BNSF.
6) TRAIN DELAY
A. Contractor is responsible for and hereby indemnifies and holds harmless Railway
(including its affiliated railway companies, and its tenants) for, from and against
all damages arising from any unscheduled delay to a freight or passenger train
which affects Railway's ability to fully utilize its equipment and to meet customer
service and contract obligations. Contractor will be billed, as further provided
below, for the economic losses arising from loss of use of equipment, contractual
loss of incentive pay and bonuses and contractual penalties resulting from train
delays, whether caused by Contractor, or subcontractors, or by the Railway
performing work under this Agreement. Railway agrees that it will not perform
any act to unnecessarily cause train delay.
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
B. For loss of use of equipment, Contractor will be billed the current freight train
hour rate per train as determined from Railway's records. Any disruption to train
traffic may cause delays to multiple trains at the same time for the same period.
C. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain
other grain, intermodal, coal and freight trains operate under incentive/penalty
contracts between Railway and its customer(s). Under these arrangements, if
Railway does not meet its contract service commitments, Railway may suffer loss
of performance or incentive pay and/or be subject to penalty payments.
Contractor is responsible for any train performance and incentive penalties or
other contractual economic losses actually incurred by Railway which are
attributable to a train delay caused by Contractor or its subcontractors.
D. The contractual relationship between Railway and its customers is proprietary
and confidential. In the event of a train delay covered by this Agreement,
Railway will share information relevant to any train delay to the extent consistent
with Railway confidentiality obligations. The rate then in effect at the time of
performance by the Contractor hereunder will be used to calculate the actual
costs of train delay pursuant to this agreement.
E. Contractor and its subcontractors must give Railway's representative
( ) (2) weeks advance notice of the times and dates for
proposed work windows. Railway and Contractor will establish mutually
agreeable work windows for the project. Railway has the right at any time to
revise or change the work windows due to train operations or service obligations.
Railway will not be responsible for any additional costs or expenses resulting
from a change in work windows. Additional costs or expenses resulting from a
change in work windows shall be accounted for in Contractor's expenses for the
project.
F. Contractor and subcontractors must plan, schedule, coordinate and conduct all
Contractor's work so as to not cause any delays to any trains.
SIGNATURE PAGE FOLLOWS
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized officer the day and year first above written.
BNSF RAILWAY COMPANY
Signature: Signature:
Printed Name: Printed Name:
Title: Manager Public Projects Title:
Date: Date:
Accepted and effective this day of 20_.
Contact Person:
Address:
City:
State: Zip:
Fax:
Phone:
E-mail:
DocuSign Envelope ID:AC9B1ADC-5CC2-44D3-A75B-6DCCF8BAB2A9
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