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RESOLUTION NO. 4 7 2 6
A'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
NEGOTIATE AND EXECUTE AN AGREEMENT WITH
BURLINGTON NORTHERN.SANTA FE RAILWAY COMPANY
(BNSF) FOR THE PURPOSE OF CONSTRUCTING AND
MAINTAINING THE M ST SE UNDERPASS PROJECT (C201A)
WHEREAS, BNSF owns and operates a line of railroad in and through the
City of Auburn; and
WHEREAS, The City desires to improve the existing M St at-grade crossing
by constructing a new crossing at separated grades to be known as the M St
Underpass; and WHEREAS, The existing M St at-grade crossing will be permanently
closed, vacated and removed' upon completion of construction and the placing in
service of said underpass; and
WHEREAS, the City is the lead agency responsible for the design,
construction, and maintenance of the underpass; and
WHEREAS, as cequired by federal law, BNSF is required to contribute
$478,000 towards the construction of the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows: •
Resolution No. 4726
July 8, 2011
~ Page 1 of 2 .
• . . . . ' . . k.
Section 1. The Mayor is hereby authorized to negotiate and execute an
agreement with the Burlington 'Northern Santa Fe Railway Company for the purpose
of constructing and maintaining the M St SE Underpass Project, in substantial
conformity with the agreement attached hereto, marked as Attachment "A" and
incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as `may be necessary to carry out the directives of this
legislation.
Sectaon 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2011.
ITY O U ~
~
PETER B. LEINIS
MAYOR
ATTEST:
(
Da ' `Ile E. Daskam,
City
A ORM: Da 'el B. Heid, -
City Attomey
Resolution No. 4726
July 8, 2011 ,
Page 2 of 2
UNDERPASS AGREEMENT
C201A/BF10001657
M St Undemass-Aubum, WA
BNSF File No.BF10001657
M SYUnderpass
U.S. D.O.T. No.085157R
This Agreement ("AgreemenY'), is executed to be effecti4e as of this /1 x day of,�, 1:-
2011, ("Effective' Date°), by and between BNSE RAILWAY COMPANY, a Delaware corporation
' ("BNSF"),and The City of Aubum, a municipal corporation of the State of Washington ('The City").
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through The City of Auburn, State of
Washington;
WHEREAS, The City desires to improve the existing M S4 at-grade crossing by constructing a new
aossing at separated grades to be known as the M St Underpass and designated as, D.O.T. No.
085157R; and
WHEREAS, The existing M St at-grade crossing will be permanently closed, vacated and removed upon
wmpletion af construction and the placing in service of said underpass;
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 paRies agree as follows:
ARTICLE I—SCOPEDF WORK
1. 7he term "ProjecY' as used herein includes any and all work related to the construction of the
proposed M St Underpass (hereinafter referred to as the "Structure"), moreparticutarly described on the
Ezhibit A attached hereto and incorporated herein, including, but not limiteil to, any and all changes to
telepfione, catile, fiber optic, signal and electriral lines and appurtenances, temporary and pertnanent .
Vack work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and
construction engineering and confract preparation. At times during construction of the Structure, vehicular
traffic will be excluded from the use of M St SE between 4"' St SE and 6"' St SE and reil lraffic will be
temporarily relocated on a sHOOfly in the existing BNSF rigfit-of-way. Additionally, temporary controls
during construction must be in complfance with Section 8A-5, 'Traffic Controls During Construction and
Maintenance"of the Uniform Traific Control Devices Manual, U.S. Department of Transportation.
ARTICLE II—BNSF OBLIGATIONS
In consideration of the covenants of The City set forth herein and the faithful performance thereof, BNSF
agrees as follows:
1. In consideration of the faithful pertormance of The Citys covenants contained herein, BNSF
hereby grants to The City, its successors and assigns, upon:and subject to the terms and conditions set >
forth in thisAgreement, a temporary non=exclusive license (hereinafter called, "Temporary Construction
ticense") to construct the Structure across or upon the portion of BNSF's right-of-way described further
on Exhibit A, 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/ar relocate any and all existing railroad track or Vacks, wires,
pipelines and other facilities of like character upon, over or under the surface of said right-of-
way;
(b) Construct, operate, maintain, renew andlor relocate upon said right-of-way, without limitation,
such facilities as the BNSF inay from time to time deem appropriate, provided such facilities
do not materially intertere with The City's use of the Structure;
(c) Otherwise use or oper2te the right-of-way as BNSF inay from time to time deem appropriate,
provided such use or operations does not materially interfere with The City's use of the
Strudure.
Prior to commencing any work on BNSF's property or right-of-way, The 6ity must pay BNSF the
sum of thirty four thousand ninety 4hree and No/100 Dollars ($34,093) as compensation for the
Temporary Construction License. The term of the Temporary Construction License begins on the
Effective Date and.ends on the earlierof(i) substantial completion of the Structure, or (ii) thirty-six (36)
months fotiowing the Effedide Date. The Temporary Construetion License and related rights given by
BNSF to The City in this provision are without warranry of title of any kind, express or irciplied, and no
covenant of warranty of title will be implied from the use of any word or words herein contained. Ibg
Temoorerv Construction License is for construction of the Structure onlv and shall not be used bv The
Citv for anv other ouroose. The City acknowledges and agrees that The City shall nof have the right,
under the Temporary ConsVUCtion License, to use the SVucture. In the event The City is evicted by
anyone owning, or claiming title to orany interest in said right-of-way, BNSF will not be liable to The City
for.any damages, losses or any expenses of any nature whatsoevec The granting of similar rights to
others, subsequent to the date oflhis Agreement, will not impair or interfere with.the rights granted to The
Gity herein.
Upon receiving the payment from The City described in the subsequent paragraph and provided
The City is in compliance with the tertnsand conditions of Nis Ag�eement; BNSF will grant to The City; its
successors and assigns, easements (hereinafter called, the "EasemenY') to enter upon and use'that
portion of BNSF's rigM-of-way as is necessary to use and maintain the Structure, substarrtially in the.form
of'Exhibit B attached to this Agreement. The City must pay BNSF the sum of One hundred four fhousand
five hundred one and No/100 Dollars {$104,507.00) as compensation for the Easement within fhirty (30)
days of,issuing a Notice to Proceed pursuant to Article III, Section 17 of this Agreement. If The City fails
to pay BNSF within the thirty day time period set forth in the preceding sentence, BNSF inay stop
constiuction of the Project until full payment is receivedby BNSF.
2. BNSF will fumish all labor, materials, tools, and equipment for reilroad work required for the
wnstrudion of the Project, such railroad work and the estimated cost thereof being as shown on Exhi it
D attached hereto and made a part hereof. In the event construction on the Project has not commencetl
within six (6) months following the Effective Date, BNSF inay, 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 ftems listed on
Exhi it D not specifically mentioned the2in may be included as a part of this Agreement upomwritten
approval of The City, which appropal will_notbe unreasonably withheld. Construction of the Project must
include the following railroad work by BNSF:
(a) Procurement of materials,equipment and supplies necessary for the railroad work;
(b) Review of preliminary engineering, design, and preparation of BNSF contract documents;
(c) Fumishing flagging services as required and set forth in further detail on Exhibit C;
� � Form 0106 Rev.O6/01I05
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(d) Furnishing engineering and inspection as required in connection with the construction of the
Project;
(e) Remodal of the existing M.:St at-grade crossing, including removal of the automatic waming
devices, and obliteration of the crossing between the rails and hvo feet outside thereof;
(fl Providing a contract project coardinator, at The City's expense, to serve as a project
manager for the Project;
(g) Construction and removal of Shoofly tracks and baliast for one main track and one siding
track including the lining over and lining back of portions of the existing main tracks;
(h) Removal and replacement of approximately3000 feet of main track and siding track though
M St;
(i) Installation of one temporary crossing of the tracks for use by the construction contrador,;
Q) Intentionally left blank;
(k) Intentionally left blank; and
(I) Irdentionally left blank.
3. BNSF will do all raiiroad work set forth in Article ll, Seotion 2 above on an,actual cost basis, when
BNSF; in its sole discretion, determines it is required by its labor agreements to pertorm such work with its
own employees working under applicable collective.bargaining agreements.
4. The City agrees to reimburse BNSF for work of an emergency nature caused by The City or The
City's contrador 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 pertormed by BNSF without priorapproval of The City,The City agrees to fully reimburse
BNSF for all such emergency work, and BNSF agrees to immediately notify the City of all such
emergency work.
5. BNSF inay charge The City for insurance expenses, including self-insurance expenses when
such expenses cover the cost of EmployePs Liability (including, without limitation, Jiability under the
Federal Employer's Liability Act) in connection with the construction of the Project. Such chargeswiil be
considered part of the actual cost of the Projed, regardless of the nature or amount of Wtimate liability for
injury, loss or death to BNSF's employees, if any.
6. During the construction of the Project, BNSF will send The City progressive invoices detailing the
costs of the railroad work pertormed by BNSF under this Agreement. Unless the City disputes any
cha�ges o� requests addRionai information from BNSF, the City must reimbu�se BNSF for completed
force-account wark within thirty (30) days of the date of ttie invoice for such work.Once any disputes are
resoived or the requested additional infortnatian provided, the City will remit payment within thirty (30)
days. Upon completion of the Project, BNSF will send The City a detailed invoice of final costs,
segregated as to Iaborand materials fo�each item in the recapitulation shown on Exhi i D. Pursuant to
this sedion and Article N; Section 7 6e�ein, The City must pay tRe final invoice within ninety (90) days of
the date of the final invoice, unless the City disputes any charges orrequests additional information from
BNSF. Once any disputes are resoived ar the requested additional information provided„the City will
remit final invoice payment within ninery (90) days. BNSF will assess a finance charge of .033% per day
(12% per annum) on any unpaid sums or other charges due under this AgreemeM which are pasb its
credit terms. "fhe finance charge continues to accrue dailytintil the date payment is received by BNSF,
not ttie date payment is made or tlie date postmarked on tFie payment. Finance charges will be assessed
on delinquent sums and other charges as of the end of the month and will tie reduced by amounts in
dispute and any unposted payments receiVed by the month's end. Finance charges will be noted on
invoices sent to The Ciry under this section.
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ARTICLEJII—THE CITY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful pertormance thereof, The City
agrees as follows:
1. The City must fumish toBNSF plans and specifications forlhe Project. One digital copy on CD or
memory stick with two (2) sets of said plans (reduced size 11":x 17°), together with two copies of
calculations,.and two copies of specifications in English Unfts, must be submitted to BNSF for approval
prior to commencement of any construction. BNSF will give The City final written approval of the plans
and specifications substantially in the fortn of Exhibit E, attached to this Agreemerrt and made a part
hereof. Upon BNSF's final written approval of the plans and specifications, said plans and specifications
will become part of this Agreement and are hereby incorporeted herein. Any approval of the plans and
specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product
design and/or construction. Any approval by BNSF shall mean only that the plans and specifications
meet the subjective standards of BNSF; and such approval by BNSF shall not be iieemed to mean that
the plans ancl specifications or construction is structurally sound.and appropriate or that such plans and
specifications meet applicable regutations, laws, statutes or local ordinances and/or building codes.
2. The City must make any required application and obtain all required permits and approvals for the
construction of the Project.
' 3. The Ciry must provide for and maintain minimum vertical and horizontal clearances, as required
and approvedby BNSF as part of fhe plans and specifications for the Projed.
4. The City must acquire all rigMs of way necessary for the construction of the Project.
5. The City must make any and all arrangements for the installation orrelocation of wire lines, fiber
optic cable, pipe lines and other facilities owned by priyate persons, companies, corporations, political
subdivisions or public utilities other than BNSF which may be necessary for the construction of the
Project.
8. The City must construct the Project as shown on the attached Exhi it A and do all work ("The
City's Work") provided forin the plans and specifications for the.Project, except railroad work that wili be
performed by BNSF hereunder. The Ciry must fumish all labor, materials, tools and equipment for the
perFormance of The City's Work. The principal elements of The City's Work are as follows:
(a) Construdion of two railroad single track bridges;
(b) Relocation of utilities as required to support the project; ;
(c) All necessary grading and paving, including backfill of excavations and restoration of
disturbed vegetation on BNSF's right-of-way;
(d) Placement of 12 inches of sub ballast on all track roadbeds for the shooflys and for the
permanent replacement of the main track and siding track;
(e) Placement of a waterproof inembrane on the deck of the Structure, and after the
ptacement of such waterproofing memtirane, placement of a layer of crushed rock ballast
(not to exceed six(6) inches in thickness)on the deck of the Structure;
(� Provide suitable drainage, both temporary and permanen4;
(g) Installation of a gate in the fence along the north boundary of BNSF's right of way in
order to provide BNSFwith permanent access for maintenance puryoses;
(h) Temporary Installation of K-Rail (Jersey) 6arriers and chain link fencing along M St
'between the tracks and tFie t�aveled roaddirays;
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(i) Temporary Installation of a chain link fence barrier separating the adive reil line from the
rail line on which construction activities are taking place;
Q) Setting ceMerline stakes and offsets prior to Railway forces construding the track on the
shoofly;
(k) Provide appropriate pedestrian control during construction;
(I) Intentionally left blank;
(m) Intentionally left blank;
(n) Job ske 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; �
(o) Pertorm all other work not specifically mentioned as work to be pertormed by BNSF
necessary to complete the project in accordance with the project plans and
specifications.
7. The City must apply and maintain said D.O.T: Crossing number D85157R in a conspicuous
location on the Strudure.
8. The City's Work must be performed by The City,or The City's coMractor in a manner that will not
endanger or interfere with the safe and timey operations of BNSF and its facili4ies.
9. For any future inspection or maintenance, either routine or otherwise, pertormed by
subcontractors on behalf of The Ciry; The Ciry shatl require the subcontractors to exewte the Exhibit C
documents. Prior to pertorming any future maintenance with its own personnel, The City shall: comply
with all of BNSF's applicable safe.ty rules and regulations; require any The City employee performing
maintenance to complete the safety training program at the BNSF's Intemet Website
"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 Liabiliry insurance.
10. In orderto prevent damage to BNSF trains and property, The Citymust require its conVactor(s)to
notify BNSF's Roadmaster at least thirty (30) calendar days prior ta requesting a BNSF flagman in
accorclance with the requirements of Exhi i attached hereto. Additionally, The City must require its
cantrador(s) to notify BNSP's Menagerof Public Projeds thirty j30) calendar days prior to commencing
work on BNSF property or near BNSF tracks.
11. The City or its contractor(s) must submit four (4) copies of any plans (induding two sets of
calculations in English Units) for proposed shoring or cribbing to be used over, under, or adjacent to
BNSF's tracks W BNSF's Manager of Public Projects for approval. The shoring or cribbing used by The
Ciry's contractor shall comply with BNSF Bridge Requirements set forth on Exhibit F attached to this
Ag}eement and incorporated herein. Additionally, the shoring and cribbing must comply with all
applicable requirements promulgated by state and federal agencies, departments, commissions and other
legislative bodies.
12. The City must indude the following provisions in any contract with its contractor(s) pertorming
workon said Project:
(a) The Contrador is placed on notice tha4 fiber optic, communication and other cable
lines and systems (collectively, the "Lines°) owned by various telecommunications
companies may be buried on BNSF's property or right-of-way. The locations of these
Lines have been included on the plans based on information from the
telecommunications companies. The conVacto� will be responsible for contacting
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BNSF's Engineering Representative Andy.Vulgas (509.350.3200), BNSF's Signal
Representative Eric Shaftstall (206.272.3771) and the telecommunications
companies and notifying them of any work that may damage these Lines or facilities
and/or interfere with their service. The contrector must also mark all Lines shown on
the plans or marked in the field in order to verify tfieir locations. The contractoc must
also use all reasonable methods when working in the BNSF right-of-way or on BNSF
property to detertnine if any other Lines (fiber optic, cable; communication or
otherwise) may exist.
(b) The Contractor will be responsible for the reartangement 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.
(c) Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering
representative Andy Vulgas (609.350.3Z00) to stop consVUCtion at no cost to The
City or BNSF until these items are completecl.
(d) In addition to the liability terms contained elsewhere in this Agreement, the City shali
require the Contractor to hereby indemnify; defend and hold harmless BNSF for,from
and against all cost, liability, and expense whatsoever (including, without limitation,
attorney's fees and oourt costs and expenses)arising out of or in any way coritributed
to by any act or omission of Contractor, its subcorrtractors, agerrts and/or employees
that cause or in any way or degree coMribufe fo (1) any damageto ar destruc4ion of
any Lines by Contrador, and/or its subcrontractors, agents and/or employees, on
BNSF's property or within BNSF's right-of-way, (2) any injury to or death of any
person employed by or on behalf of any telecommunications company, and/or its
contractor,,agents and/or employees, on BNSF's property or within BNSF's right-of-
way;and/or (3) any claim or cause of action for alleged loss of profits or revenue by,
or loss of service by a customer or user of.such telecommunication company(ies).
THE LIABILITY ASSUMED BY CONTRACTOR WILL APPLY ONLY TO THE EXTENT OF THE
NEGLIGENCE OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, AND WILL NOT BE AFFECTED
BY THE FACT, IF IT IS A FACT, THAT THE DAAAAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF
ACTION OR CLAIM 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 PROXIMATECY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE
NEGLIGENCE OF BNSF.
It is mutually_negotiated between the paRfes that the indemniflcation obligation shall include all
clalms brought by Contractor's employees against BNSF; ifs agents, servants, employees or
ofherwise, and Contractorexpresslywafves Its Immunity under the industrial insurance act(RCW
TiUe 51)and assumes potentlal Iiabiiitg-for all aetions 6rought 6y its employees.
13. The City 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 therefore (i) the provisions set forth in Article III; (ii)tFfe provisions set forth in Article IV; and
. (iii) the provisions set forth in Exhibi -C and Exhibit C-I, atfached hereto and by reference made a part
liereof.
14. ExcepYas otherwise provided betow in this Section 14, all construction work pertormed hereunder
by The City for the Project will be pursuant to a contract oc contracts to be let by The City, and all such
contrads must indude the following:
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(a) Ail work pertormed under such contrad 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 will
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 a letter agreement in the form of Exhibit C-I, and (ii) delivered to and secured
BNSF's approval of the required insurance; and
(d) Ta facilitate scheduling for the Project, The City shall have its contrector give BNSF's
represeMative Andy Vulgas (509.350.3200) 2 weeks advance notice of the proposed
times and dates for work windows. BNSF and The City's contractor will estabiish
mutually agreeable work windows for the Project. BNSF has the right at any time to
revise or change the work windows, due to train operetions or service obligations. BNSF
will not be responsible for any additional wsts and expenses resulting from a change in
work windows. Additional costs and expenses resulting from a change in work windows
shall be accourrted for in the contractoPs expenses for the Project.
(e) The plans and specifications for the Project must be in compliance with the Bridge
Requirements set forth on Exhibit F.
15. The City must advise the appropriate BNSF Manager of Public Projects, in writing, ot the
completion date of the Project within thirty (30) days after such completion date. Additionally, The City
must notity BNSF's Manager of Public Projects, in writing, of the date on which The City 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;
THE,CITY HEREBY RELEASE3, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF; ITS
AFFILIATED COMPANIES, FARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES,
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND
AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENAL7IES, 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) (I) THE USE, OCCUPANCY OR.PRESENCE OF THE
CITY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT
THE CONSTRUCI'ION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE CITY,
ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY
_. _ _ __ _. _
OBLIGATION UNDER THIS i4GREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR
OMISSIONS OF THE CITY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS
IN; ON, OR ABOUT THE CONSTRUCTION SITE, (I� THE CITY'S BREACH OP THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT GRANTED TO THE CITY PURSUANT TO ARTICLE II OF
THISAGREEMENT, (Y)ANY RIGHTS OR INTERESTS GRANTED TO THE CITYPURSUANT TO THE.
TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS
AGREEMENT, (VI) THE CITI^S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT-0E-
WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE
BY THE CITY, OR (VII) AN ACT, OR_OMISSION OF THE CITY, OR ITS OFFICERS, AGENTS,
INVITEES, EMPLOYEES OR CONTRACTQRS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED
_ __ _..
BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY
ASSUMED BY THE CITY WILL APPLY ONLY TO THE EXTENT OF THE NEGLIGENCE OF THE CITY,
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
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OTHERWISE, EICCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY
THE INTENTIONAL MISCONDUCT OR SOLE NEGUGENCE OF BNSF.
It is mutually negotiated between the parties that the indemnification obligatlon shall include all
_ .
claims brought by The City's employees against BNSF, its agents, servants, employees or
othervvise, and The City expressly waives its immunity underthe industdal insurance act (RCW
Title 51)and assumes potentiat Ifabillry for alt actions 6rought 6y its employees.
77. The City must give BNSF's Manage�of Public Projects written norice to proceed with the railroad
work after receipt of necessary funds for the Project. BNSF will not begin the railroad work (including,
without limitation, procurement of supplies, equipment or materials) until written notice to proceed is
receided from The City.
18. Intentionally left blank.
19. Intentionally left blank.
ARTICLE IV—JOINT OBLIGATIONS
IN CONSIDERATION of the premises,the parties hereto mutually agree to the following:
1. All work contemplated in this Agreement must be performed in a good and workmanlike.manner
and each portion must be prompUy commenced by the party obligated hereunder to perform the same
and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furttiermore, any
changes or modfications during wnsVuction which affect BNSF will be subject to BNSF's approval prior
to the commencement of any such changes or modifications.
2. The work hereunder must be done in accordance with the Bridge Requirements set forth on
Exhibit F and the detailed plans and.specifications approved by BNSF.
3. The City must require its contractor(s) to reasonably adhere to the ProjecPs construction
schedule for all Project work. The parties hereto mutually agree that BNSF's failure to complete the
railroad work in accordance wifh 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 Feserves the right to
reallocate tHe labor forces assigned to complete the railroad work in the event of an emergency to proJide
for the immediate restoration of raiiroad operations (BNSF or its relffied railroads) or to protect persons or.
property on or near any BNSF owned property. BNSF will not be liable for any additional costs or
e�enses resulting from any such reallocation of its labor forces: The parties mutually agree that any
reallocation oflabor forces by BNSF pursuant to this provision.and any direct or indirect consequences or
costs resulting from any such reallocation will not consNtute a breach of this Agreement by BNSF.
4. BNSF wiil have the right to stop construction work on the Project if any of the following events
take place: (i) The City (or any of its contractors) pertorms the Project work in a manner contrary to the
glans and specifications approved by BNSF; (ii) The City (orany of its contractors), in BNSF's opinion,
prosecutes the Project work in a mannerwhich is hazardous to BNSF property, facilities or[he safe and
ezpeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is
canceled during the course of the Project; or (iv) The 6ity iails. to pay BNSF for the Temporary
Construction License or the Easement pursuant to ArtiGe II, Section 1 of this Agreement. The work
stoppage will continue until all necessary actions are taken by The City or its contractor to rectity the
situation to the satisfaction of BNSF's Division Engineer or until additional insurance has been delivered
to and accepted by BNSF. In the eJent af a breach of(i)this Agreement, (ii) the Temporary Construction
License, or (iii) the Easement, BNSF inay immediately terminate the Temporary Construction License or
the Easement. Any such workstoppage under this provisioqwill not give rise to any liability on tfie part of
BNSF. BNSF's right.to stop the work:is in addition to any other rights BNSF inay 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.
8
Fortn 0106 Rev.06/01/05
Jacob Sweeting, ProJed Engineer
City of Auburn
25 West Main Street
Aubum, WA
98001
5. The City must supervise and inspect the operations of ali The City contractors to assure
compliance with the plans and specifications approved by BNSF, the terms of thisAgreement and all
safety requirements of the BNSF reilroad. If BNSF determines that proper supervision and inspection is
not being pertormed by The.Ciry personnel,at any time during construdion of the Project; BNSF has the
right to stop construction (within or adjacent to its opera4ing right-of-way). Construction of the Project will
not proceed until The City corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the
situation is not being correded in an expeditlous manner, BNSF will immediately notity the person(s)
listed above for appropriate corrective adion.
6. BNSF will contribute $478,000.00 (hereinafter reterred to as "BNSF's Share") towards the
3otal cost of.the Project. BNSF's Share was negotiated wRh 4he City based on the costs for preliminary
engineering, right-of-way and construotion within the following limits;
(a) Where a grade crossing is eliminated by grede separation, the structure and appraaches
required to transition to a theoretical highway profile which would have been consVucted if
there were no railroad present, for the number of lanes on the e�sting highway and in
accordance wifh the curtent design standards of the appropriate state highway; and
(b) Where another facility, such as a highway or waterway, requiring a bridge structure is located
within the limits of a grade separation project, the estimated cost of a theoretical strudure
and approaches as des_cribed in 23 CFR 646.210(c)(1) to eliminate the railroad-highway
grade crossing without considering the presence of the waterway or other highway.
Additionally, local, state and federal funds will be used in the consUvdion of the Project. The total actual '
cost of construetion for the Projed is presently estimated to be $23,352,538, more particulady descri6ed
(together with BNSF's Share)on Exhibit G attached hereto and incorporated herein.
7. Pursuant to this sedion and Article II, Section 6 iierein, The Ciry must, "out of funds made
available to it for the construction of the Project", reimburse BNSF in full for the actual costs of'alCwork
perFormed tiy BNSF under this Agreement,Jess BNSF's Share as set forth in Article IV, Sedion 6 herein.
BNSF's Share must be paid upon completion of the Project.
8. All expenses detailed in statements;sent to The City pu[suant to Article II, Section 6 herein will
comply with the terms and proqisions of ttSe Federel Aid,Highway Program Manual, U.S. Department of
Transportation, as amended from time to time, which manual is hereby incorporated into and made a paR
of this Agreement by reference. The parties mutualty agree that BNSF's review of preliminary
engineering, design, and conUact preparation costs described in Article ll, Section 2 herein are part of the
costs of the Project even though suoh'work may have preceded the date of this Agreement.
9. The paAies mutualty agree that.no consVuction activities for the Project, nor future maintenance
of the SVucture once compieted, will be pertnitted during the fourth quarter of each calendar year wkhout
prior wriften approval from BNSF. Emergency work will be permitted only upon prior notification to BNSF's
Network Operations Center (telephone<number: 800-832-5452). The parties hereto mutually understand
and agree that trains cannot be subjected to delay during this time period.
Form 0106 Rev.O6lO1I05
9
10. Subjed to the restridions imposed by Article IV, Section 9 above, the construction of the Project
will not commence until The City gives BNSF's Manager ofPublic Projects thirty (30) days prior written
notice of such commencement. The commencement notioe will reference BNSF's file number
BF10001657 and D.O.T. Crossing No. 085157R and must state the time that construction activities will ,
begin.
11. In addition to the tertns and condiHons set forth eisewhere in this Agreement, including, but not
limited to, the terms and conditions stated in Exhibit F, BNSF and The City agree to the following terms
upon completion of consVuction of the Project:
(a) BNSF will, at its sole cost and expense, accept, own, and maintain its roadbed,track, any
access gates installed pursuant to the Project, railroad drainage, and all other railroad
facilities.
(b) The City will own and maintain, at its sole cost and expense, the Structure, except those
items listed in Article IV Item 11(a), the highwayapproacties, and appurtenances thereto,
lighting, drainage and any access roadways to BNSF gates installed pursuant to this
Agreemerrt. BNSF inay, at its option, perform maintenance on the Structure in order to
avoid conflicts with train operations. BNSF will notify The City prior to performing any
such maintenance on the Structure. In the event such maintenance involves emergency
repairs, BNSFwill notity tFie City at its eadiest opportunity. The City mustfully reimburse
BNSF for the costs of maintenance performed by BNSF pursuant to this subsection (b).
(c) The City must, at The City's sole cost and expense„ keep the Structure, except those
items listed in ArtiGe IV.Item 11(a) painted and ftee from graTfiti.
(d) The City must apply and maintain vertical Gearance signs which consistently and
accurately descritie the minimum actual vertical clearance from the bottom of the
Strudure to the top of any pavement.
(e) The City agrees to reimburse BNSF for the cost of track surfacing due to settlement
caused by.the construction of the Structure for a period not to exceed two (2) years from
the date of final inspection pursuant to Articie III, Section 14.
(� The City must provide BNSF with any and all necessary permits and maintain roadway
treffic controls, at no cost to BNSF, whenever requested by BNSF to allow BNSF to
insped the SVucture, except those items listed in Article IV Item 11(a), or to make
emergency repairs thereto.
(g) It is expressly understood by The City and BNSF that any right to install utilities within
BNSF right-of-waywilf be governed by a separate permit or license agreement between
the parties hereto.
(h) The City must keep the Strudure, except those items listed in Article IV Item 11(a) and
surrounding areas clean and free from birds, pigeons, scavengers, vermin, creatures and
other animals.
(i) If The City (including its contractors and agents) or BNSF, on behalf of The City, pertorms
(i) aiterations or modifications to the Strticture, or (ii) any maintenance or other work on
tfie Structure with heayy tools, equipment or machinery at ground surface level
horizontally within 25'-0°of the centerline of the nearest track, or (iii) any mainfenance or
other work to the superstructure of the Structure,#hen The City or its contractors and/or
agents must procure and maintain the foltowing insurance coverage:
- Form 0106 Rev.O6/01105
10
Raitroad Protective Liabiliry insurance naming only the Railroad as the Insured with
coverage of at least $5,000,000 per ocourtence�,and�.$10,000,000 in the.aggregaze. The
policy must be.is3ued on a standard ISO form CG 00 35 10 93 and include the following:
♦ Endorsed to�include.the�Pol�ution Exclusion Amendment(ISO form CG 28 31 IO 93)
♦ Endorsed to include.the�Limited Seepage and Pollution Endorsemen[.
♦ Endorsed to�remove.any exclusion for puni[ive damages.
♦ No other rndorsements restricting coverage may be added.
♦ The original policy mus[ be provided to ttie Railroad prior ro performing any work
or services under this Agreement
As used in this paragraph, "Rallroad" means �"Burling[on Northern San[a Fe Corpora[iod',
"BNSF RAILWAY COMPANY"and the subsidiaries,successors,assigns�and affiliates of each.
In lieu of providing a Railroad Protective Liability Policy, Tlie City may participate in BNSF's
Blanket Railroad ProtecUve�Liability Insurance Policy if available[o The City or its contractors.
The limits of coverage are the same as above.
12. The City hereby grarrts to BNSF, at no cost or expense to BNSF, a permanent right of access
from The City property along the BNSE tracks within the project limits to BNSF trecks for maintenance
purposes.
13. The Ciry must provide one set of as printed built pians (prepared in Enalish Unitsl to BNSF, as
well as a CD or memory stick containing as built CAD drawings of the Structure and identiTying the
software used for the CAD drawings. The"as truift plans" must comply with the Bridge Requirements set
forth.on Exhibit F and depict all information in BNSF engineering stationing and mile poat pluses. The"as
built plans" must also include plan and profile, etrudural bridge drawings and specifications, and drainage
plans. All improvements and facilities must be shown.
14. Subject to the restrictions imposed by Article IV, Section 9 above, The City must notify and obtain
prior airthorization from BNSF's Manager of Public Projects before entering BNSF's right-of:way for
Inspectfon or 'Maintenance purposes, and the BNSF Manager of Public Projects will determine if
flagging is required. If the construction wark hereunder is contracted, The City must require its prime
contrector(sj to comply with the obligations set forth in F�chibit C and Exhibit C-1,as the same may be
revised from time to time The City will be responsible for its contractor(s) compliance with such
obligations.
15. BNSF inay, at its expense, make future changes or additions to the railroad components of the
Structure'if necessary or desirable, in BNSF's sole discretion, including, without limitation the following: (i)
the right 4o raise or lower the grade or change the alignment of its tracks; (ii) the right to lay additional
track or tracks, or(iii)the right to build other facilities in connection with the operation of its railroad. Such
changes or additions must not change or alter the highway compo�ents of the Strudure. If it becomes
necessary or desirable in the future to change, alter, widen or reconstrud the highway components of the
Structure to accommodate railroad projects, the cost of such work, including any cast incidental to
alferation of railroad or highway facilities.made necessary 6y any such changes to tfie Structure, will be
divided between BNSF and The City in such shares as may be mutually agreed to by the parties hereto.
76. The City may, at The City's sole expense and discretion, alter or reconstruct the highway
components of the Strudure if necessary or desirabie, due to,Vaffic conditions or pedestrian orother
recreational traffic; provided, however, that any such alteration or reconstrudion must not encroach
further upon or occupy the surface of BNSF'sright-of-way to a greater extent than is contemplated bythe
plans and specifications to be approved by BNSF pursuant to Article III, Section 1 herein, without
obtaining BNSF's prior written consent and the execution of a supplement to this Agreement or fhe
completion of a separate agreement.
17. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or
the costs or expenses for labor and material connected with the construction will at a�l reasonable times
Fortn 0106 Rev.06I01105
11
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 AdministraHon, for a period of three (3) years
from the date of final BNSF invoice under this Agreement:
18. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the
successors and assigns of the parties hereto. Notwithstanding the preceding sentence, neithec party
hereto may assign any of its rights o�obligations hereunder without the prior written consent of the other
PartY•
19. In the event construction of the Project does no4 commence within twelve (12) montha of the
Effective Date,this Agreement will become null and void.
20. Neither tertnination nor expiration of this Agreement will release either party from any liability or
obtigation under this Agreement, whether of indemnity or otherwise, resutting from any acts, omissions or
evehts happening prior to the date of termination or expiration.
21. To the maximum extent possible, each provision of this Agreement will be interpreted in such a
manner as to be effeccive and valid underapplicable law. If any provision of this Agreement is prohibited
tiy, or held to be invalid under, applicable law, such provision virill be ineffecti0e solely to the extent of
such.prohibition or invalidity and the remainder of the provision will be enforceable.
22. This Agreement (including exhibits and other documents, manuals, atc. incorporated herein) is
the full and complete agreement between BNSF and The City with respect to the subject matter herein
and supersedes any and all other prior agreements beriveen the parties hereto.
23. My notice provided for fierein or conceming this Agreement must be in writing and will be
deemed sufficiently given when seM in PDF fortnat emailed to the parties at the following addresses:
BNSF Railway Company: BNSF's Manager of Public Projects
Richard W Wagner
Richard.Wagner(c�BNSF.com
The City: Project Engineer
Jacob Sweeting
jsweeti ng�aubumwa.gov
. Fortn 0106 Rev.O6I07lOS
�2
IN WITNESS WHEREOF, 1he parties hereto have caused this Agreement to be executed and
attested by its duly quatified and airthorized officials as of the day and year first ove written.
BNSF RAILWAY COMP Y
By:
Printed N • � $��}�
Title: VP of Eng,.� e ng for F ailway
` �. ... -
WI ES
A�'������t�b!�""S�� THE CITY
ciTv
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By. v
Printed Name: Peter B Lewis
Title: Mayor
WI NESS: �
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�°} iNorthwest Division
A.c. ��riaQuisT ,
To� City of Auburn Stam�pede Subdivision - L.S. 0049-2
Legend: }4. 4� A�. Vali Sec. 51036
At� Auburn �NP WA-02D, Map 6
9 y � Permanent Easemen9 AI�60 MEASUREMENTS BASED ON PROVIDED SURVEYS S@C. 18, T21N, R5E WILLM
Kin Count ,
Washington � Temporary Easement Area (S) MEASUREMENTS TAKEN OFF SURVEY MQ �6, 2011 REV 10/12/2011
� Temporary Cross i n (M) MEASUREMENT � Y
M.P. 10].95 �w�
I DRAMING N0. 3�1789r2
,
Form Approved by VP-Law
EASEMENT AGREEMENT
FOR: BF10001657/C201A.at Auburn, WA - M St
(Underpass Agreement)
THIS EASEMENT AGREEMENT FOR ("Easement AgreemenC') is made and
entered into as of the _ day of 20_ ("Effecti4e 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 , Stffie of , at Mile Post
[Projed # 1, as described or depicted on Exhibit "A-1" attached hereto and made a part hereof
(the'Premises").
B. Grantor and Grantee have entered into that certain Underpass Agreement dated as of
concerning improvements on or near the Premises (the
"Underpass AgreemenY').
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 Agreement.
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:
SecUon 1 Grantina of Easement
1'.1 Easement Puroose. The"Easement Purpose"shall be for the purposes set forth in the
UNDERPASS Agreement. Any improvemeMs to be constructed in connectio�with the
Easement Purpose are referred to herein as"Improvements"and shall be construded,
located,configured and maintained by Grantee in strict accordance with the terms of this
Easement Agreement and the UNDERPASS Agreement.
1:2 Grant. G(antor does hereby grant unto Grantee a non-exclusive easement("EasemenY')oyer
the Premises for the Easement Purpose and forno ofher purpose. The Easement is granted
subject to any and ail restrictions, covenants, easements, licenses, permits, leases and other
encumbrances of whatsoever naWre whether ornot of record, if any, relating to the Premises
and subject to all with all applicable federal, state and 9ocal laws, regulations, ordinances,
rest�ictions, covenants and court or administratiye decisions and orders, including
Environmental Laws(defined below)and zoning laws(collectively, "Laws"),. Grantonmay not
make any alterations or improvements or pertorm any maintenance or repairactivities within the
Premises except in accordance with the terms and conditions of the UNDERPASS Agreement.
1.3 Reservations bv Grantoc Grantor accepts and reserves the right, to be exercised by Grantor
and any other parties who mayobtain written permissionpr authority from Grantor:
(a) to install, construct,.maintain, renew, repair; replace, use, operate, change, modity and
relocate any exisfing 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;
Form 706; Rev. 06/Ot/05
Z
Form Approved by VP-Law
(b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relorate any Vacksoradditional facilities6rstructures 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.
Sectlon 2 Term of Easement. The term of the Easement,,unless sooner terminated under provisions of
this Easement Agreement, sliall be perpetual. flf thls ls a temnorarv easemen! renlace ihe nrecedlna
sentence with the followina: The term'of this Easement, unless sooner tertninated under provisions of this
Easement Agreement, shall expire'on the date that is after the
Effective Date.]
Settlon 3 No Warrantv of Anv-Conditions of the Premises. Grantee acknowledges that Grantor has
made no representation whatsoever to G�antee conceming the state or condition of the Premises, or any
personal property lacated thereon, or the nature or extent of Grarrtor'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 ANYSUCH: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 RELATING TO TFiE DESIGN, CONDITION, QUAIITY, 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 1N AN "AS IS, WHERE JS" 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.
SecUon 4 � Nature of GraMoralnfe►est 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 evicUon 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 corcidor, Graritor shall not be liable to refund Grantee any wmpensation paidhereunder.
Section 5 Imorovements. 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 govemmerrtal
authorities. Anyand all cuts and filis, ezcavationsor 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 fhe adjoininglands and premises of the Grantor; and wherever any such
fill or embankmenf 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 ihrough or along the premises of the Grantor, such extensions to be of adequate
sectional dimensions to preserve the pre§ent flowage of drainage or other waters, and of materials and
workmanship equally as'good as those now ezisting.,ln the eyent any construction, repair, maintenance, work or
other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or ofher facilities
(coliedively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any
adjustments necessary to such Other Improvements. Grantee must contacf the owner(s) of the Other
Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their
Form 106; Rev. 06/01105
3
Form Approved by VP-Law
service and obtain the owner's written approval prior to so afFecting the Other Improvements. Grentee must
mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in
order to veriTy their locations. Grantee must also use all reasonable methods when working on or near Grantor
property to determine if any Other lmprovements (fiber optic, cable, communication or otherwise) may exist.
The Grantee agrees to keep the above-described premises free and Gear from combustible materials and to cut
and remove or cause to be cut and removetl at its sole expense all weeds and vegetation on said premises,
said work of cutting and removal to be done at sueh times and with such frequency as to comply with Grantee
and iocal laws and regulations and abate any and all hazard of fire.
Section 6 Taxes and Recordina Fees. Grentee shall pay when due any taxes, assessments or other
charges (collectively, 'Taxes") levied or assessed upon the Improvements by any govemmental or quasi-
govemmental 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, GraMee shall be liable for ail costs, expenses and judgments to or against
Grer�tor, inciuding all of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Comoliance with Environmental Laws. Grentee shall shictly 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(coilectively referred to as the"Environmental Laws"). Grantee shall not
maintain a "treatment," "storage;""trensfeP' or"disposal" facility, or "underground storage tank," as thase 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 GrantoCs Resource
Operations Center at(800)832-5452 of ariy 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 othervuise 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 during the term of this Easement
Agreement, Grantor may require Grarrtee, at Grantee's soie risk and expense, to take timely measures to
investigate, remediate, respond to or otherwise cure such release orviolation affecting the Premises. If dunng
the construction or subsequent maintenance of the Improvements, soils or other materials considered to be
environmentally contaminated are expos,ed, Grantee will remove and safe,ly dispose of said contaminated soils.
Dete(mination of soils contamination and applicable disposal procedures thereof, will be made only by an The
City 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 coniiitions or activities; provided, however, that Grantee's reporting to Grantor shall not reiieve 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 Comoliance. Grantee agrees periodically to furnish Grantor with proof satisfactory
to Grantor that Grantee'is in compliance with this Sectlon 7. Should G�antee not compiy fully with the above-
stated obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor
Form 106; Rev. 06/01lO5
4
Form Approved by VP-Law
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
Sectlon 9.
SecUon 8 Default and Termination.
8.1 GrantoPs Pertortnance Riqhts. If at any time Grantee, or Grantee's Contractors, fails to propedy
perform its obligations underthis EasemenYAgreement, Grantor, in its sole discretion, may: (i) seek specific
pertormance of the unperfortned'obligations, or (ii) at Grantee's sole cost, may artange for the pertormance of
such work as Grantor deems necessary tor the safety of its rail operations, activRies and property, or to avoid or
2move any interference with the activities or property of Grantor, or anyone or anything present on the rail
cortidor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all
costs of work pertormed on Grantee's behalf upon receipt of.an invoice for such costs. Grantor's failure to
perform any obligations of Grantee oc Grantee's Contractors shall not alter the liability allocation set forth in this
Easement Agreement.
8.2 Abandonment. Grentormay, at its option, terminate 4his Easement Agreement by serving five
(5) days' notice in writing upon Grentee if Grantee should 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 detault or defaults, nor shall any such waiver in any
way affect Grantor's ability to enforce any section of this Easement Agreement.
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 thffi Grantor may have under the UNDERPASS Agreement, ffi law or in
equ.ity.
Seetion 9 Surrender of Premises.
9.1 Removal of.lmprovements and Restoration. Upon termination of this Easement Agreement,.
whethar by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee
sFiall, at its sole cost and expense, within twelve(12) months perform the following:
(a) remove all or such portion of Grantee's Improvements and all appurtenances
thereto from ttie Premises, as Grantor directs at Grantor's sole discretion;
(b) repair and restore any damage to the Premises arising from, growing out of, or
connected wi4h Grantee's use of the Premises;
(c) remedy any unsafe conditions on the Premises created or aggravated by
Grantee; and
(d) leave the Premises in the condition which existed as of the Effective Date.
9.2 limited ticense for Entrv. If this Easement Agreement is tertninated, Grantor may direct
Grantee to undertake one or more of tFie 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 Grantoc The terms of this limited license indude all of GraMee's obligations under this Easement
Agreement.Termination will not release Grantee from any liability or obliga4ion under this Easement Agreemerit,
whether of indemnity or otherwise, resul'ting from any acts, omissions or events happening.prior to the date of
termination, or, if later, 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 terminefion of the Easement, all liabilities and obligations of Grantee hereundershall continue in effect until
Fartn 106; Rev. 06/01/OS
5
Form Approved by VP-Law
the Premises aresurrendered.
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 noticesor 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 70 or
any other section of this Easement Agreemen4.
Section 11 Tax Exchanae. Grantor reserves the right to assign this Easement Agreement to Apex
Property &Treck Exchange, Inc. ("Apex"). Apex is a qualified intertnediary within the meaning of Section 1031
of the Internal Revenue Code of 1986, as amended, and Treas. Reg. § 1:1031(k)-1(g), for the purpose of
completing a tax-deferred exchange.under said Section 1031. Grantor shall bear all expenses associated with
the use ofApex, or necessary to qualiTy this trensaction as a tax-deferred exchange, and, except as otherwise
provided herein, shall protect, reimburse, indemniTy and hold harmless Grantee from and against any and all
reasonable and necessary addRional costs, expenses, including, attomeys fees, and liabilities which Grantee
may incur as a result of Grantor's use of Apex or the qualification of this transaction as a tax-deferred
Vansaction pursuant to Section 1031. Grantee shall cooperate with Grantor with respect to this tax-deferzed
exchange, and upon Grantor's request, shall execute such documents as may be required to affect this tax-
deferred exchange.
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 UNDERPASS Agreement. Notices to Grantor under thisEasement
shall tie delivered to the following address: BNSF Railway Company, Real Estate Department, 250D Lou Menk
Drive, Fort Worth,TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by
noticelo Grantee.
Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in
rewrdable form and shall not be placed on public record and any such recording shall be a breach of this
Easement Agreement. Grantor and Grentee shall execute a Memorandum of Easement in the form attached
hereto as Ezhibit "B-1" (the "Memorandum of EasemenY') subject to changes required, if any, to conform
such form to local recording requiremerrts. fIF LEGAL DESCRIPTION IS NOT AVAILABLE USE THE
FOLLOWING IN PLACE OF THE PRIOR SENTENCE: As of the Effective Date; a legal descnption of the
Premises is not available. Grantee and Grantor shall work together in good faith to establish the legal
descNption for the Premises. Once Grantor and Grantee have approved the legal descnption, Grantor and
C,rantee shall execute a Memorandum of Easement in the fonn attached hereto as Exhibit "B-1" (the
"Memorandum of Easemeni').] The Memorandum of Easement shall be recorded in the real estate records in
the,county wfiere 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 Essement Agreement upon notice to Grantee.
Section 14 Mlscellaneous.
14:1 All questions concerning the interpretation or application of provisions of this Easement
Agreement shall be decided according to the substantive Laws of tFie State of Washington 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 joinf 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 tfieir respective legal representatives, successors and assigns and shall run
with and be binding upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement
Agreement, the prevailing party or parties shall be entitled to�easonabie attorneys' fees, costs and necessary
disbursements iri addition to any other relief to which such party or parties may be entitled.
Form 106; Rev. 06/01/O5
6
Fortn Approved by VP-Law
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under
_ ._ . . _
present or future Laws, such provisian wilf 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 effed. In lieu of any illegal, invalid onunenforceable provision
herein,there will be added automatically as a part of this Easement AgFeement a provision as similar in its tertns
to such illegal, in4alid or unenforceable provision as may be possible and be legal, valid antl enforceable.
14.5 This Easement Agreement is the full and complete agreement beriveen 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 hereta relating to Grantee's use of the Premises as described herein.
However, nothing herein is intended to tertninate any surviving obligation of Grantee or Grantee's obligation to
defendand hold Grantor harmless in any priorwritten agreement between the parties.
14.6 Time is of the essence for the pertortnance of this Easement Agreement.
14.7 The terms of the UNDERPASS Agreement are incorporated herein as if fully set forth in this
instrument which terms shall he in full force and effect for purposes of this Easement even if the UNDERPASS
Agreement is, for whatever reason, no longer in effect.
[Signature page follows]
Form 106; Rev. OB/01/05
7
Form Approved by VP-Law
Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware coryoration
By:
Name:
Title:
GRANTEE:
a
By:
Name:
TiUe:
Form 106; Rev. 06/01/05
8
EXHIBIT "A"
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Y t4 �'i AZ. Stampede Subdivision - L.S. 0049-2
Legend: Val. Sec. 51036
At� Auburn �i,Permanent Easement Area MEASUREMENTS BASED ON PROVIDED BURVEYS NP WA-02D, Map 6
King County, � Temporary Easement AI'64 (S> MEASIAtEMENTS TAKEN OFF SURVEY I .SBC. �B, T21N, R5E WILLM
Washington � Temporary Cross i ng (M) MEASURpdENT MOy �6, 2011 REM.P�101.95 �� �wo
DRAMING N0. 3-51799r2
�
EXHIBIT"&1"
Memorandum of Easement
a
THI5MEMORANDUM OP.EASEMENT is hereby executed lhis_day of
20 , by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), wliose
address for purposes of fhis instrument is 2500 �ou Menk Drive, Fort Worth, Texas 76131, and
a ("G�antee"), whose address for purposes of fhis
instrument is , which terms "Grantor" and "Grantee" shall
indude, wherever the context permits orrequires, 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-1" attached hereto and incorporated herein by reference (the
„Premises'):
WHEREAS; Grantor and Grantee er�tered into an Easement Agreement, dated
(the "Easement AgreemenY') which set forth, among other things, the terms of an easement granted by
Grantor to Grantee over and across the Premises(the"EasemenY'); and
WHEREAS, Grentor 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
dces 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. Provisions regulating the use and purposesto which the Easement shall
be limited, are set forth in detail in the Easement Agreement and Grantor and Grentee agree to abide by
the terms of the Easement Agreement.
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
AgreemeM and this Memorandum of Easement shall be deemed to constitute a single instrument or
document. This Memorandum of Easement is not intended to amend,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 Ag�eement or fhis Memorandum of Easement, the Easement
Agreement shall control.
[Signature page follows]
E#iihil"B-1"
Form Approyed by VP-Law
IN WITNESS WHEREOF; Grantor and Grantee have ezecuted this Memorandum of Easement to
as of the date and year first above avritten. ..
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporetion
By:
Name:
Title:
GRANTEE:
By:
Name:
Title:
STATE OF §
§
COUNTY OF §
This insVUment was acknowledged before me on the_day of , 200_, by
(name)as (title)of BNSF RAILWAY
COMPANY, a Delaware corporation.
Notary Public
(Seal)
My appointment expires:
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on the_day of , 200_, by
(name)as (title) of
, a
Notary Public
(Seal)
My appointmerit ezpires: '
F�chibit"B-1"
. � Fortn.0106 Rev.0&Ot)05
4
Form Approved by VP-Law
,
Fo�m 0706 Re¢A6l01/05
5
EXHIBIT "C"
CONTRACTOR REQUIItEMENTS
1.01 General
• 1.01.01 The Conhactor must cooperate�with BNSF RAILWAY COMPANY, hereinafter referred [o as
"Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter
referred to as"Railway Property",during the construction of Ciry of Aubum's M Street SE Underpass.
• 1.O1A2 The Conhactor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1"
Agreement, in the form ettached hereto, obligazing [he ConVactor to provide and maintain in full force and
effect the insurance called for under Sec[ion 3 of said Exhibit"GI". Questions regarding procurement of the
Railroad Protective LiabiliTy Insurance shouldbe directed to Rosa Martinez at Mazsh,USA,214-303-8519. � .
• 1.01.03 The Contractor must plan, schedule and wnduct all work activities so as not to interfere with the
movement of any trains on Railway Property.
e 1.01.04 The ConVactor's right to enter Railway's Property is subject to the absolute right of Railway to cause
� the Contractor's work on Railway's Property to cease if, in the opinion of�Railway,Contractor's ac[ivities create
a hazard to Railway's Property,employees, and/or operations. Railway will have the right to stop construction
work on the Project if any of the following events take place: (i) Contractor (or any of its subcontrac[ors)
performs the Project work in a manner conUary to the plans�and specifications approved by Railway; (ii)
Contractor(or any of its subcootractors), in Railway's opinion,prosecutes the Project work in a manner which
is hazardous to Railway property, facilities or [he safe and expedi[ious�movemen[ of railroad tratTic; (iii) the
insurance described in the attached Exhibit GI is canceled during[he course of the Project;�or(iv) Contractor�
fails to pay Railway for the Temporary Construction License or the Easement. The work s[oppage will continue
until all necessary actions are taken by Conhactor or its subcontractor.to rectify the simation to the satisfaMioo
of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In
the event of a breach of(i) this��Agreement, (ii) the Temporary Cons[ruction Licrnse,�or (iii) the Easement,
Railway may immediately tertninate�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 Railway. Railway's right to stop
the work is in addition to any othec rights Railway may have including, bdt not limited tq actions or suits for
damages or lost profits. In the event that Railway desires to stop consuuction work on the Project, Railway
agrees to immediazely notify the following individual in writing:
City of Auburn, Public Works Department
Attn:.Jacob Sweeting
25 West Main Street
Aubum, WA 98001
•� 1.01.05 The Contractor is responsible for determining and complying with all Federal, S[aie and Local
Govemmrntal laws and re�ulations,.including,�but not limited to erivironmental laws and regula[ions(including
but.not limited to the Resource Conseryation and Recovery Ac[, as artiended; the Clean Water Act, the Oil
Pollution Ac[, the Hazardous Materials Transportation Act, CERCLA), and health and safery laws and
regulations. The Contracmr hereby indemniSes, defends and holds,harmless Railway for, from and against all
fines or penalties imposed or assessedby Federal, State and Local Governmental Agencies against the Railway
which arise out of Contractor's work dnder this Agreement.
• 1.01.06 The Contractor must notify the Cilv of Auburn's ProieM Eneincer az 253-8045059 and Railways
Manager Pu6lic Projects, telephone number (206.625.61521 af least thirty (30j calendar days before
1
commrncing any work on Railway Properry. Contractors notificazion ro Railway, must refer to Railroad's file
BF10001657/C201A.
• 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations locafed with any part
of[he excavations located within,whichever is greater,[wenry-five(25) feet of the nearest track or intersecting
a slope from the plane of the top of rail on a 2 horizontal to I vertical slope beginning at eleven(I 1)feet from
centerline of the neazest track, botti measured pbrpendiculaz to center line of track,the Contractor must fumish
the Railway five seu of working drawings showing details of construction affecting Rsilway Property and
tracks. The working drawing must include the proposed method of installation and removaf of falsework,.
shoring or cribbing,not included in the contract plans and two sMS of structural calculations of any falsework,
shoring or cri66ing: For alI excavation and shoring submi[tal plans, the currcnt"BNSF-UPRR-Guidelines for
Temporary Shoring"must be used for determining the design Ioading conditions to be used in shoring design,
and all calculazions and submittals must be in accordance with the curcent "BNSF-UPRR Guidelines for
Temporary Shoring". All submittal drawings and calculazions must 6e stamped by a registered professional
engineer licensed to practice in the state the project is located. All calculations must take inffi consideration
railway surchazge loading and must be designed to meet Rmerican Railway� Engineering and
Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers
E-80 liveioading standard.Al]drawings and calculations must be stamped by a registered professional engineer
licensed to practice in the state the projeM is Iocated. The ContraMOr must not begin work until notified by the
Railway that plans have been approved. The Contractor will be required to use lifting devices such u,cranes
and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be
relieved of responsibiliry for results obtained by the implementa[ion of said approved plans.
• 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the
work may be handled and performed in an efficient manner.The ConVactor will have no claim whatsoever for
any type of damages or for extra or additional compensation in[he event his work is delayed by the Railway.
1.02 Contractor Safety Orientation
• 1.02.01 No employee of the ContraMOr,its subcontractors,ageots or invkees may mhr Itailway Property
without first 6nviug completed Rallway's Engineeriog Cootractor Safety Orimtation,tound on the web
sih www.contraMororientation.com. The Contractor must ensure that eac6 of its empioyees,
subcootraMOrs, agents� or�-iuvitees cortipletes Railway's Engineeritig Coatrac[or Safety Orientation
through interoet sessions before'any work is performed on t6e Project Additionally, t6e Controctor
must ensure t6at each and every one otits employees,subcontractors,agents or invitees-possesses a card
certifying completion of the Railway Contractor Snfety Orientation before entering Railway Property..
The Contractor is respoosible for the cost of the Railway Contrecfor SafMy Orieutatiom The Contractor
must renew t6e Railway ContractorSafety Orieotation anoually. Fur[6er clariication cao be found on
the web site or from[he Railway's Representative.
1.03 Railway Requirements
• 1.03.01 The Contractor must take protpe[i4e measures as are necessary to keep railway facilities, including
track ballast, free of sand, debris, and other foreiam objects and�materials resulting from his operations. Any
damage to railway facilities��resulting.from�Contractor's operations will be repaired or replaced by Railway and
the cost of such repairs or replacement must be paid for by the Agency..
e 1.03.02 The Contractor must notify the Railway's Division Director of Maintenance Mike Theret at
206.625.6696 and provide blasting plans to tlie Railway for review seyen(7)calendardays prior to conddcting
any blasting operations adjacent to or on Railway's Property.
• 1.03.03 The Contractor must abide by tFie following[emporary clearances during construction:
• 1 S Horizontally from centerline of nearest track
• 21'-6" Vertically a(iove top of rail
• 27'-0" Verticalty above top of rail for etectric wires carrying less than 750 volts
2
• 28'-0" Ver[ically above top of rail for electric wires carrying 750 volts to 15,000 vol[s
• 30'-0" Vertically above top of raiP for electric wires carrying I5,000 volu to 20,000 volts
� • 34'-0" Vertically aboJe top of rail for electric wires carrying more[han 20,000 volts
1.03.04 Upon completion of construction,the following clearances shall be maintained:
• 25' Horiwntally from centerline of nearest track .
• 23'-4" VeRically.abovetopofrail
• t.03.05 Any infringement withirr State sta[utory clearances due to the ContraMOr's operations must be
� �submitted to the Railway and to[he Ciry-of Auburn and must not be undertaken until approved io wriAng by the
Railway, and until the City of Aubum_has obtained any necessary authorization from the Sbte Regulatory
Authority for the infriogement. No extra compensation will be allowed in the event the Contractors work is
delayed pending Railway approval,and/or the State Regulatory Authoriry's approval.
• 1.03.06 In the case of impaired vertical clearance above top of rail,Railway will have[he option of installing
tell-tales or other proteMive devices Railway deems necessary for protection of Railway operaaons.The cost of
tell-tales or protective devices will be bome by the Agency.
• 1.03.07 The details of construction affecting the Railway's Property and tracks not included in [he contraM �
�plans must be submitted to the Railway by the City of Aubum for approval before�work is undcrtaken and this
work must not be undertalcen until approved by the Railway.
• 1.03.08 At other than public road crossings,the ConVacror must not move any equipment or materials across
Railway's Vacks un[il permission has been obtained from the Railway. The Contrac[or must obtain a
"Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials
across the Railways tracks.The teinporary crossing must be gated and locked at all tiines when no[required for
use by the Contractor. The temporary crossing for use of the Contractor will be wnstructed and, at the
completion of the project,removed at the expense of the Contractor:
• 1.03.09 Discharge, release or spill on the Railway Properry of any hazardous substances, oil, petroleum,
consti[uents, pollutanu, contaminants, or any hazardous waste is prohi6ited and Contractor must immediately
. notify the Raitway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in
excess of a reportable quantiry. Conhactor must not allow Railway P�operty to become a treatment, s[orage or
Vansfer Facility as those terms are defined in the Resource Conservation and Recovery Act or any state
analogue.
• 1.03.10 The Contractor upon completion'of the work covered by�tfiis conVact, must promptly remove from
� tho Railway's Property all of Contractor's [ools, equipment, implements and other materials, whether brought
upon said properry by said Conhactor or any Subcontractor, employee or agent of Contractor or of any
Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's �
� representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan
• 1.04.01 Each Contractor that will perfortn work within 25 feet of the centerline of a track must develop and
implement a Roadway Worker �Pro[ectioo/On Track Safety Program and work with Railway Project
Repr,esentazive to develop an on track safety s4ategy as described in.the guidelines lisud in the on track safety
portion af the Safery Orientation. This Program must provide Roadway Worker prorection/on track training for
all employees of the Contractor,its subcontractors, agents or invitees. This training is reinforced at the job site
through job safety briefings.Additionally,each Contractor must develop and implement the Safery Action Plan,.
as provided for on the web site www.contraMororientation.com, which will be made available to Railway
prior to commencement of any work on Railway Properry. Dtiring[he performance of work, the Contrector
musf audit its work activities.The Contrector must designate an on-site Project Supervisor who will serve as the
contact person for the Railway and who will maintain a copy of the Safery Action Plan, safery audits, and
Material Safbry Datasheeu(MSDS),at the job site.
3
Contractor shall have a background investigation pertormed on all of its employees, subcontractors
and agen4s who wil(be performing any services on railroad property under this Agreement.
The background screening shall at a minimum meet the criteria defined by the e-RAILSAFE program
outlined at htto://www.e-railsafe.eom in addition to any other applicable regulatory requirements:The
e-RAILSAFE program,usesYail industry background screening standards.
Contractor shatl obtain consent from all empioyees screened in compliance with the e-RAILSAFE
program criteria to release completed background information to BNSF. Contracto?sHall be subject .
to periodic audit to ensure compl(ance.
Contractor shall not permif any of its employees, subcorrtractors or agents to perform services on
property hereunder who are not approved under e-RAILSAFE program standards. Railroad shall
have the right to deny entry onto its premises to any of Contractor's employees;subcontractors or
agents who do not display the authorized identification badge issued by a background sc�eening
service meeting the standards set forth for the e-RAILSAFE program or wFio pose a thieat, in
Railroad's reasonable opinion, to the safery or security of Railroad's operations.
Contractors shall ensure its employees, subcontractors and ageMs are United States cirizens or
legally working in this couMryvnder a work VISA.
1.05 Itailway Flagger Services:
e 1.05.01 The Contractor mustgive.the Railway's Roadmashq Andy Vulgas (509.3503200), a minimum of
thirty (30) calendar days advance notice when tlagging services will be required so that the Roadmaster can
make�appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are.scheduled in
advance by the Contractor and it is supsequently determined by the parties hereto that such services are no
longer necessary, the Contractor must give the Roadmasterfive (5) working days.advance notice so that
_ appropriate artangements can be made ro,abolish the position pursuant to union requirementc. _ _
� ' . 1.05.02 Unless-determined otherwise by Railway's Project Represrntative, Railway flagger will be required � �
and fumished when Contractor's work activities aze loca[ed over, under and/or within twenry-five (25) feet
measured horizontally from centerline of[he neazest track and when cranes or similar equipment positioned
beyond 25-feet from the track centerline could foul the track in the�event of tip over or o[her catasvophic
' occurtence,but notlimited thereto for the following conditions:
• 1.OS.D2a When,upon inspection by Railway's Representazive,other conditions warrant.
• 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's .
representative,track or other Railway facitities may be subject to movement or settlemen[. �
• 1.05.02c When wo�k in any way'interferes with[he safe opera[ion of trains at timetable speeds.
. 1.05.02d When any hazard is presented to Railway ttack,communications, signal, electrical, or other facilities
either dueio persons,ma[erial,equipment or blasting in the vicinity.
• t.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome otijects
or equipment which might result in making the track impassable.
• 1.05.03 Flagging services will be performed by qualified Railway flaggers.
• 1.05.03a Flagging crew generally consists ofone employee. However,additional personnel may 6e required[o .
protect Railway Property and operations,if deemed necessary by the Railways Representative.
4
� 1.05.03b Each time a flagger is called,the minimum period for billing will be the eight(8)hour basic day.
• 1.05.03c The cost of flagger services provided by the Railway will be. bome by ihe. A enc
. The estimated cost for one(()flagger is approximately between$800:00-$1,600.00 for an eight(8)hour basic
day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each
flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liabitiry and -
property damage insurance, health and welfare benefits, vehicle, .transportation, meals,� lodging, radio,
' equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway
Iabor or wllective bazgaining agreements and ra[e changes authorized by appropriate Federal authorities may
increase actual or estimated flagging rates. THE FLAGGING' RATE IN EFFECT AT THE TIME OF
PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE
ACTUAL COSTS OF FLAGG[NG PURSUANT TO THIS PARAGRAPH.
. • 1.05.03d The:average train traffic on this route is 12 freight trains per 24-hour period at a timetable speed 25 �
MPH and no passenger trains�at a timetable speed of ZS MPH..
1.06 Contractor General Safety Requirements
• 1.06.01 Work in the proximity oP railway track(s)is potentially 6azardous w6ere movement of trains and
equipmeot can occur at any time aod in any directian.All work performed by contractors withio 25 feet
oP any track must be in compliance wit6 FRA Roadway Worker Protectioo Regulations.
• 1.06.02 Before beginning any task on Railway Property, a thorough job sefety briefing must be
conduMed with all persomel involved with the task aod repeated when the personnet or task c6anges. If
the task is within 25Yeet of any track,the job briefing.must include t6e Railway's fiagger,as applicable,
and ieclude the procedures the Contractor will use to proteM its employees,�subcon[ractors, agents or
invitees from moviug any equipment adjucmt to or across aoy Railway track(s).
• 1.06.03 Workers must not work within 25 feet ot the centerline oP any track without an on track safety
strategy approved by the. Railway's ProjeM Represeetative. �When authority is provided, every
contraMor employee must know: (1) who the ltailway tlagger is, and how to contact [he flagger, (2)
limits of the authority,(3)t6e met6od of communicatiou to stop and resume work,and(4) location ot the .
desigoated places of safety. Persons or equipment entering fieg/work limits that were nat previously job
briefed,must notify the ttagger immediately,and be given a joti briefing wheu working within 25 feet of
the center liae.of track.. �
• 1.06.04 When Contractor employees are required to work on the Railway Property aTter normal
workiog hours or on weekends,t6e Railroad's represeotative in charge of the project must be notified.A
mioimum of two employees must be present at all times.
• 1.06.05 Any employees,agents or invitees of Contractor or its subcontractors under suspicion of being under
the influence of drdgs or alwhol,oi in the possession of same;will be removed from the Railway's Property and
subsequently released to the custody of a representative of Contractor management. Future access to the
Railway's Properry by�that employee will.be.denied.
• 1.06.06 Any damage to Railway �Properly, or any hazard noticed on passing trains must be reported
immediately to the Railway's representative in charge of the project. Any vehicle ormachine which may come
in contact with hack, signal equipment,�or shucture.(b'ridge)iand could result in a train derailmenTmbst.be
reported immediately to the Railway representative in charge of tl�e project and to the Railway's Resoucce
Operations Center at I(800)832-5452: Local emergency numbers are to be obtained from the Railway
representative in:chazge of the project piior to the start of any work and must be posred at the job site:
• 1.06.07 For safery reasons, all persons ere prohibited from having pocke[ knives, firearms or other deadly
weapons in their possession while working on Railway's Property:
5
� - � • . 1.06.08� All personnel protective equipment(PPE)used on Railway Properry must meet applicab(e OSHA and � -
ANSI specifications. Curren[ Railway personnel protective equipment requirements aze listed on the weli site,
www.contraMOrorientation.cam however, a partial list of ttie requiremenu include: a) safety glasses with
perman8ntiy affixed side shields (no yellow lenses); b) hazd hats c) safery shoe with: hardened toes,
above-the-ankle lace-up and a defined heel; and d) high visibiliTy retro-reflective work wear. The Railroad's
representative in chazge of the project is to be contacted regarding local specifica[ions for meeting requiremen[s
relating to hi-visability work wear. Hearing protection,fall protection,gloves,and respirators must be wom as
required by State and Federal regulations.(NOTE—Should thercbe a discreoancv between the information
contained on the web site and the information in this oareerenh,tAe web site will¢overn.l
" • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR
EQUIPMENT CLOSER THAN 25'-0"' TO THE CENTER LINE OF THE NEAREST RAILWAY
TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT
WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR TEMPORARY
CONSTRUCTION CROSStNG, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW
OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE
CONTRACTOR MUST ESTABLISH A STORAGE AREA W1TH CONCURRE�CE OF THE
RAILROAD'S REPRESENTATIVE.
• 1.06.10 Machines or vehicles must not be left unattended witli the engine running. Parked machines or.
equipment must be in gear with brakes set and if equipped with blade, pan or bucket,they must be lowered to
the ground. All machinery and equipment left unattended on Railway's Property must be Ieft inoperable and
secured against movement. (See intemet Engineering Contractor Safety Orientation program for more detailed
specifications)
• 1:06.11 Workers must not crea[e and�.leave any wnditions at the ivork site that would interfere wi[h water
drainage.Any work performed over water must meet all Federal,State and Local regulations. .
. 1.06.12 All power line wires must be considered dangerous and of high voltage mless informed to the contrary
by proper authoriry. For all power lines the minimum clearance between the Iines and any part of the
equiprtient or load must be; 200 KV or.below - 15 feet;200 to 350 KV-20 feet;350 to 500 KV-25 feet; 500
� .to 750 KV-35 feet;and 750 to 1000 KV-45 feet If capacity of the line is not known,a minimum clearance of
� ' � 45 feet must be maintained. A person must be-designated to observe�clearance of the equipment and give a �
timely waming for all operations whtte it is difticult for an operator to main[ain the desired clearance by visuaf
means.
1.07 ExcavaHon
-• 1.07.01 Before excavating,the Contrac[or must determine whether any underground pipe lines,electric wires,
or cables, including fiber optic cable systems are present and located within the Project work azea. The
Contractor must determine whether excavation on Railway's Property could cause damage to buried cables
resulting in delay to Railway traffic and disruption of service to users: Delays and disruptions to service may
cause business interruptions involving losa of revenue and profits. Before commencing excavation, the
� Contractor must contac[ BNSF's Field Engineeriug Representative,Ben Steinkamp at(206.625.6189). All
. underground�and overhead wires�will be considered HIGH�VOLTAGE�and dangerous until verified with [he -
company having ownership of the line. It is�the Coutractor's responsibility to notify any other companies
that�have underground utilities �in .the area and arrauge�Por the location of all undergroued utitities
before eacavating.
• L07.02 The Contracror must cease all work and notify the Railway immediately before continuing excavation
in the area if obstructions are encountered which do not appeaz on drnwings. If the obstruaion isa utility and
[he owner oFthe utiliry can be identifted,then the Contractor must also notify the o�merimmediately. If there
is any doubt about the location of underground cables or lines of any kind,no work must be performed until the
exact Iocation has been determined. There will be no exceptions to these inshvctions.
6
� •- 1.07.03 .All excavazions must be conducted�in compliance with applicable OSHA regulationsand,regardless.of
dep[h,must be shored where there is any danger to traoks,structures or personneL. .
• 1.07.04 Any ezcayazions; holes or trenches on the Railway's Property must be covered, guarded and/or
protected whrn not being worked on. When leaving work site areas at night and over weekends,the areas must
be secured and left in a'condition�that will ensure that Railway employees and other personnel who may be
- . working or passing 8vough the area�are protected from all hazards..All excavations must be back filled as s000
aspossible.
1:08 Hazardops Waste, Substances and Material Reporting
� •� 1.08.01 If Contractor discovers any�hazardous waste, hazardous�substance, pe[roleum or other deleterious
material,including but not Iimited to any non-containerized cominodity or material,on or,adjacent[o Railway's
Property, in or near any surface water,swamp,wetlands or watenvays,while performing any work under this
Agreement, Contractor must immediately: (a) notify the Railway's Raource Operazions Center az I(800)
832-5452, of such discovery:_ (b) take safeguards necessary to pro[ect i[s employees, subcontracton, agents
and/or[hird parties:and(c)exercise�due caze with respect to the release,including the taking of arry appropriate.
measure to minimize the impact of such rclease.
1.09 Personal Injury Reporting
• 1.09.01 The�Railway is required to report certain injuries as a�part of compliance with Federal Railroad�
Administration(FRA)reporting requiremenu.Any personal injury sustained byan employee of the Conuactor,
subcontractor or Contractor's inviteeswhile on the Railway's Property�must lie reported immediazely (by phone.
mail if unable to contact in person)to ttie Railway's representative in charge of the project. Tfie Non-Employee
Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at
1(817)352-7595 and to the Railway's Project Representa[ive no later than the close of shift on the date�of the
injury.
�
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION � '
� INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULAT[ON. IT SHOULD
BE USED FOR COMPLIANCE.WITH FEDERAL REGULATIONS ONLY.rWD IS NOT INTENDED TO �
PRESUME ACCEPTANCE OF RESPONSB[LITY OR LtABILITY. ' - � "
I. AccidentCity/St 2. Dure: �Time:
County: 3. Temperature: 4. Weather
(if non-Railw¢y location)
5. Social Security H
6. Name(IaSt,first,mi)
7. Address: Street: City: St. Zip:
8. Date of Birth:� and/oi Age Gender:
- (ifaveilable)
9. (a) [njury: (b)Body Part:
(i:e.(a)Laceration(b)Hand)
I l. Descrip[ion of Accident(To include loca[ion,action,resul�,etcJ:
12. Treatment
? First Aid Onty
? Required Medical Treahnent
? Other Medical Treatment
13. Dc Name 30.Data:
14. Dc Address: �
Strcer. Ciry: St: Zip:
15: Hospital Name: .
16. Hospital Address. � �
Strcet - - City: - St: Zip:
I7. Diagnosis: �
FAX TO
� RAILWAY AT(817)352-7595 '
AND COPY TO �
RAILWAY ROADMASTER FAX
8
EXHIBIT"C-1°
Agreement
Between
BNSFRAILWAY COMPANY "
and the
CONTRACTOR
BNSF RAILWAY COMPANY
Attentlon: Manager Publie ProJects
Railway File: BF10001657
Agency Project: M Street SE Underpass—C201A
Gentlemen:
The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "ContracY') dated
, 2012,with the Citv of Aubum for the perfortnance of certain work in connection with
the following project: Alaska Way Viaduct, Holgate to.King. Pertormance of such work will necessarily
require contractor to enter BNSF RAILWAY COMPANY ("Railway') right of way and property ("Railway
Property"). The Contract provides that no work will be commenced within Railway Property until tfie
Contractor employed in connection with said work for the City of Aubum_ (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, Presiden4or Vice President of Contrador, Contractor must fumish evidence to Railway
certifying that the signatory is empowered to execute this Agreement on behalf of Contractoc
Accordingly; in consideration of Railway granting permission to Contractor to enter upon Railway
Property and as an inducement foi such entry, Contractor, effective on the date of the Contract, has
agreed and does hereby agree with Railway as follows:
Section 1. RELEASE OF LIABILITY AND INDEMNITY
Contractor shall indemnify-and hoid the RAILWAY and its agents, employees andlor officers
harmlessfrom and shallprocess and defend atits own expenseany and all claims, demands, suits at law
or equity, actions, penalties, losses, damages orcosts, of whatever kind or nature, including
environmental claims or liability, brought against the RAILWAY arising in any manner from the
Contractor's or any of Contractor's subcontradors' acts or omissions or failure to perform any obligations
hereunder. Provided; however, that if such claims, demands, suits, at law or equity, actions, penalties,
losses, damages or costs are caused_by or result from the concurrent negligence of(a)the Contractor or
anypf its subcontractors and (bpthe.RAILV1lAY, its:agents,employeesand/or officers,this indemnity
provision shall be valid and enforoeable-0nty to the extent of the negligence of the Contractor or any of its
subwntrectors andprovided further, that nothing herein shall require the Contractor to hold harmiess or
defend the RAILWAY, its agents, employees and/or officers frbm any claims, demands, suits aYlaw o�
equity, actions, penalties, losses, damages or costs arising from,the sole negligence of the RAILWAY, its
agents, employees and/or officers.
The indemnificaGon obligation shall include all claims brought by Contractor's employees against
RAILWAY, its agents, servarrts, employees or otherwise, and Contractor expressry waives its immunity
under the industriaf insurance act(RCW Title 51)and assumes potential Iiabiiiry for all actions brought by
its employees.
t
� Fortn 0103 Rev.09/ISroS
It is mutually understaod and agreed that the assumption of liabilities and indemn�cation
provided for in this Agreement survive any tertnination of ttiis Agreement.
Section 2.TERM
This Agreement is effective ftom the date of the Contract until (i) the completion of the project set
forth herein, aniJ (ii) full and complete payment to Railway of any and all sums or other amounts owing
and due hereunder.
Section 3. INSURANCE
Contractor must, at its sole cost and expense, procure and maintain during the life of this
Agreement the
following insurance coverage:
A. Commercial General Liability insurance. This insurance must contain broad form contractual
liability with a wmbined.singfe limit of a minimum of $5,000;000 each occurrence and an
aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 ISO
occurrence form or equivalent and include wverage for, but not limit to the following:
• Bodiiylnjury and Property Damage
♦ Personal Injury and Advertising Injury
♦ Fire Iegal Iiability
e Produds and completed operations
This policy must also contain the following endorsements; which must be indicated on the
certificate of insurance:
♦ It is agreed that any workers' compensation ezGusion does not apply to Railroad
payments related .to the Federal Employers Liability Ad or a Railroad Wage
Continuation Program or similarprograms and any payments made are deemed not
to be either payments made or obligations assumed under any Workers
Compensation, disability benefits, or unemployment compensation law or similar law.
♦ The definition of insured contract must be amended to remove any exclusion or other
limitation for any work being done within 50 feet of railroad property.
e Any exclusions related to the explosion, coilapse and underground hazards must be
removed.
No other endorsements limiting coverage as respeds obligations under this_Agreement may be .
included on the policy.
B. Business Automobile Insu�anoe. 'fhis insurance must contain a combined single limit of at
least$1,00O,OOU per occurrence, and include coverage for, tiut not limited to the following:
♦ Bodily injury and pioperty damage
♦ Any and all vehicles owned, used or hired
C. Workers Compensation and Employers Liabiliry insurance including coverage for, but not
limited to:
• V1lashington'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.
e 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.
2
Form 0103 Rev.09/IS/O5
D. Railroad Protective Liability insurance namingpnlyShe Railroad as the Insured with coverage
of at least$5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Must be
issued on a standard IS0 form CG 00 35 10 93 and indude the following:
• Endorsed to include the Pollution Exclusion Amendment(ISO form CG 28 31 10 93)
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
• No other endorsements restricting coverage may be added.
• The original policy must be provided to the Railroad prior to performing any work or
services under this Agreement
Other Requirements:
Contractor agrees to waide its right of recovery against Railroad for all other claims and suits
against Railroad. In addition, its insurers, through the terms of the policy orpolicy endorsement, waive
their right of subrogation against Rai/road for all claims and'suits. The certficate of insurance must
reflect the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its
insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or
property under contractor's care, custody or control. All waivers refeRed to in this paragraph apply only to
the extent permitted by the laws of the state of Washington.
Contrador's insurance policies through policy endorsement, must include wording which states
that the policy is primary and non-wntributing with respect to any insurance carried by Railroad. The
certificate of insurance must reflectthat the above wording is included in evidenced policies.
Ail policy(ies) required above (excluding Workers Compensation and if applicable, Railroaii
Protective) must include a severability of interest endorsement and Ra1/road must be named as an
additional insured with respect to work pertormed under this agreement. Severability of interest and
naming Railroad asadditional insured must be indicated on the certificate of insurance.
Contractor is not allowed to self-insure without the prior written consent of Railroad. If granted by
Raiiroad, any deductibte, self-insured retention or other finaneial responsibility for claims must be
covered directly by contractor in lieu of insurance. Any and all Ra!l►oad 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 the Work, contractor must fumish to Railroad an acceptable certificate(s) of
insurance including an onginal signature of the authorized representative evidencing the required
coverage, endorsements, ancl amendments and referencing the conVad audidfolder number'rf available.
The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such
policy(ies)to notiiy Railrosd in writing at least 30 days priar to any cancellation, non-renewal, substitution
or materiai alteration. This cancellation provision must be indicated.on the certificate of insurance. Upon
request from Railroad, a certified duplicate original of any reguired policy must be furnished. Contractor
should forward digital copies of the certificate(s)to Richard.Wagner@BNSF.com:
Any insurance policy must be written by a reputable insurance company acceptable to Railroad
or with a current BesYs Guide Rating of A- and Class VII or better, and authorized to do tiusiness in the
state(s) in which the service is to be provide.
Gontractor represents that 4his Agreemenf 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 Agreemenf. Allocated Loss Expense must be in addition to all policy limits for coverages
referenced above.
3
Form 0103 Rev.09/IS/OS
Not more frequently than once every five years, Railroad may reasonably modify the required insurance
coverage to reflect then-current risk management practices in the railroad industry and undervvriting
pradices in the insurance industry.
If any portion of the operation is io be subcontracted by contractor, contractor must require that
the subcontractor provide and maiMain the insurance coverages set forth herein, naming Railroad as an
additional insured; and requiring that the subcontractor release, defend and indemnify Railroad to the
same extent and under the same terms and conditions as contractor is required to release, defend and �
indemnify Railroad herein.
Failure to provide evidence as required by this section will entitle, but not require, Railroad to
terminate this Agreement.immediately. Acceptance of a certificate that does not comply with this section
will not operate as a waiver of contractor's obligations hereunder.
The fact that insurance (including,without limitation, self-insurance) is obtained by contractor will
not be deemed to release or diminish the liability of contractor incluifing,without Iimitation, liability under
the indemnity provisions of this Agreement. Damages recoverabie by Rai/road will notbe limited by the
amourrt of the required insurance coverage.
For purposes of this section, Railroad means"Burlington Northern Santa Fe Corporation", "BNSF
RAILWAY COMPANY"and the subsidiaries, successors, assigns and affiliates of each.
Section 4. EXHIBIT"C"CONTRACTOR REQUIREMENTS
The Contrector must observe and comply with all provisions, obligations, requirements and
limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit"C"attached to
the Contrad and this Agreement; including, but not be Iimited to, payment of alt costs incurred for any
damages to Railway roadbed, tracks, and/or appurtenances tfiereto, resulting from use, occupancy, or
presence of its employees,representatives, or agents or subcontractors on or about the construction site.
Section 5. PROTECTION OF RAILWAY FACILITIE§AND RAILWAY FLAGGER SERVICES
(a).The Contractor shall give aminimum of at Ieast 30 calendar days notice to the Railway's
Roadmaster,Andy Vulgas(509.360.3200), in advance of when flaggirig services will initially be required
to bulletin the flaggers position and shall provide five(5)working daysnotice to the Roadmaster to
abolish the position per union requirements. Any such work occurring subsequent to the work for which
the 30-day notice was provided shall require at least 72 hours notice to BNSF's Roadmaster.
(b). RAILWAY flagger and protecti�e services and devices will be required and fumished when
Contractor's work actiJities are located over or under of and within twenty-five(25)feet measured
horizontally from center line of the nearest track and when cranes or similar equipment positioned outside
of 25-foot horizontallq from track center line that could foul the track in the event of tip over or other
catastrophic occurrence, but not limited thereto for the following conditions:
(1). When in the opinion of ttie RAILWAY's rep�esentative, it is necessary to safeguard
RAILWAY's Property, employees,trains,engines and facilities:
(2). When any excavatiorris performed below the bottom of tie elevation, if,'in the opinion of
RAILWAY's representative, track or other RAILWAY facilities maybe subject to movement or settlement.
(3).When work in any way interteres with the safe operation of trains at timetable speeds.
(4).When any hazard is presented to RAILWAY track, communications, signal, electrical, or
other facilities either due to persons;materisl, equipment ortilasting in the vicinity. _
(5) Use of the temporary construction crossing.
a
Form-0103 Rev.�09/IS/OS
(6). Special permission must be obtained from the RAILWAY before moving heavy or
cumbersome objeds or equipment which might result in making the track impassable.
(c). Fiagging services will be performed by qualified RAILWAY flaggers `The base cost per day
for(1)flagger is$800 which includes vacation allowance, paidholidays, RAILWAY and Unemployment:
Insurance, Public Liability and PropertyDamage Insurance, health and welfare benefits,transportation,
meals,lodging and supervision,for an eight(8) hour basic day with time and one-half or double time for
overtime, rest days and holidays. These rates are subject to any increases which may result from
RAILWAY Employees-RAILWAY'Management negotiations or which may be authorized by Federal
aufhorities. City/Contractor will be 6illed on actual costs in effect at time work isperformed.
(1).A flagging crew generally consists of one employee. However,addiHonal personnef may
be required to protect RAILWAY Property and operations, if deemed necessary by the RAILWAY's
representative.
(2). Each time a flagger is called, the minimum period for billing shall be the eight(8) hour
basic day.
(3). The cost of flagger services provided by the RAILWAY,when deemed necessary by the
RAILWAY's representative,will be bome by the City/ConVactor.
Section 6. TRAIN DELAY
No work performed by ConVactor shall cause any interference with the constant,conNnuous and
unintercupted use of the tracks, p�operty and facilities of the RAILWAY, iYS lessees, licensees or others,
unless specifically permitted unde�.this agreement, or specifically authorized in advance by the RAILWAY
Representative. Nothing shall be done,or suffered to be done by the Contractorat any time that would in
any manner impair the safety thereof. When not in use, Contractor's machinery and materials shall be
kept at least 50 feet from the centerline of RAILWAY's nearest track or except when iocated within a
fenced area or approved by RAILWAY, and there shall be no vehicular crossings of RAILWAY's treck
except at existing open public crossings,or via the temporary construction crossing.
Contractor shall be.responsi6le to RAILWAY, including its affiliated RAILWAY companies, and its
tenants for damages focany unscheduled delay to freight or passenger trains that are"caused by the
Contractor as follows:
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.
Additionaiiy, the parties acknowledge that passenger, U.S. mail trains and certain other grain,
intermodal, coal and freight trains operate under incentiVe/penalry contracts between Railway and its
wstomer(s). Under these arrangements, if Railway does not meet its contract service commitments,
Railway may suffer loss of pertormance. or incentive pay andlor be subject to penalry payments.
Contractor isresponsible forany frain performance and incentive penafties or other contractual economic
losses actually incurred by Railway which are attributable to a train delsy caused by Contractor or its
subcontractors.
The contractual relationship between Railway and its customers is proprietary and confidential.
In the event of a train delay coye�ed by thisAgreement, Railway will share information relevant to any
train delay to the eztent consistent with Railway confidentiality obligations. Damages forVain delay for
certain trains may be as Righ as$50,000.00 per incident.
5
Form 0103 Rev.09/IS/OS
Contractor and.its subcontractors must give Railway's representative (ROadmaster) four
(4) weeks advance nodce of the tlmes and dates for proposed work windows. Railway and
¢ontraetor wfll work to establish mutually agreeable viio►k windows for the project Railway has
the right at any time to revise or change the work wmdows due to train operations or service
obligations. The Railway makes no gurantee that.work windows of the requested lengths wfll be
. -
graMed to the Contraetor. Railway will not be responsible for any additional costs or expenses
resuiting from a change in,or denial of,work windows.
Contractor and subcontractors must plan, schedule, coordinate and conduct all
Contractor's work so as to not cause any delays to any trains.
To the maximum extent possible, each provision of the AgreemenYbetween BNSF Railway
Company.and the Contractor, as set forth herein in Exhibk C-1, wiil be interpreted in such a
manner as to be effeeUve and vaqd under the applicable laws of the state of Washington. If any
provision of this Agreement is p�ohibited 6y, or tield to tie Invalid under such laws,sbch provislon
will be Ineffective solely to. the extent of such prohlbition or in4alidity and the remainder of the
provislo�wfll be enforceable..
Kindly acknowledge ,receipt of this letter by signing and returning to the Railway two original �
copies of this letter 8 one digital copy, which, vpon execution,by Railway, will constitute an Agreement
between us.
(Contractor) BNSF Railway Company
BY� BY�
Printed Name: Name: Richard Wagner
Title: Manager Public Projects
Richard.WaanerCo36NSF.com
Contact Person: Accepted and effective this_day of 20_.
Address:
City: State;_Zip:_
Fax:
Phone:
E-mail:
6
� �Porm 0103 Rev.09/IS/OS �
Focm Approved by VP-Law
EXHIBIT D
Form o108 Rev.D&01/OS� .
AUl'HORITY FOR EXPENDI7VRE
' (FOR INTER�IAL 6`1SF RAILWAY USE ONLY)
� LOCATION:�EASTAUBURN I.INESEGMENT: 49 AFENUhIBER: �
PLANITEMNUMBER: VARIOUS MILEPOST:�IOI.95 RFANUhfBER: 5901012
� - �PROPERTYOF.: BNSFRAdWAYCObffANY � DNISION: NW - � CPARNUhIDER: C0000009 � ' � ' '
OPERATEDBY: BNSFRAdWAYCOIviPANY SUBDIVISION: STAIviPEDE BUDGETYEAR: 1012
IOQI['FACLLITY: ROADAUTHORITY ' 7RACKTYPE: S BUDGETCLASS: 6
%BILLABLE(+/-): 100.0 � TAXSTATE: WA REPORT[NGOFFICE:� IU
.SPONSOR: VPENGINEERWG CENTERAtOLLUP:�S3505
PURPOSE,N517FICATION AND DFSCRIPf[ON
PIP•BNSF WORK ASSOC WITH M ST LS 49 MP IOIl95 STAA�EDE SUB NWN DN REQUFSTER R.OLSON 100°.5 BLLLABLE TO ROAD
aurrao��v
' PLAN ITEM - LINESEG 'BEG I� END MP ' 77CK NBR BEGIN STAl70N END STATfON PROIEGT TYPE ' � � BUD YEAR ' " '
' 000173937 ' - 49' - 101.95 ' 101.95' ' ' S ' EASTAUBURN ' FASTAUBURN - PUBLICIMPBOVEb4NTPRO.IECf 2012 ' ' ' ' '
0001905a9 49 IOI,95 101.95 S EASTAUBURN EASTAUBURN PUBLICIMPROVEIvffNTPROIECf 20(3�
CASHCMITAL NONCASHCAPITAL� � OPERATMGE7�P---REMOVALCOS7S . BILLAHLE TOTALS
LABOR W5T5 0 0 0 0 283,579 283,579
MATERIAL COSTS 0 0 0 0 0 0
OTHERCOSTS� 0 0 0 0 276J0 �17,630
TOTALS 0 -0.- 0 0 311,209 . 311,209
SYSTEM MAIN'[ENANCE AND PLANNING-. KANSAS CITY PRINTED ON:.I021/1011
FSTIMA7E REF.NUMBER:'.590f012 ESTRvfATEU 6Y:�VAUGHT
� COSTING DATE: OINI20I2 PRQJTED BY: VAUGHT
. �Page 1 of 3
••""• MAINTAINPROPRIETARYCONFIDENTfAL11'Y •'•••
BNSF RAfI.WAY CO.NPANY
� FI�M ESTIMATE FOR
. ' . - . . . . . ROAD AUTHORI7Y � . . - . .
LOCA7ION EASTAUBURN . DETAILSOFE9TIMA7E PLANITEM: OOOi73933� VERSION:' I
� PURPOSE,N577FICATION AND DESCRIP'[70N
^FIELD ORDERAIG REQUIl2ED ON ALL CONCREfE CLAD CROSSMGS
DESCRIPffON OF PROfECT AS PROVIDm BY PRWECT ENGMEER
FLAGGING FOft�PIP-BNSF WORK ASSOCIATED WIfH M 5'IREE7'(IXISMG GRADE XING,PROPOSED UNDERPASS)
� L549MP101.95 . .. .
STAMPEDESUBDIVLSION
NWN�IVISION
B[LLING POR THIS PROJECT SHOULD BE D�2ECTED TO:
. . ._.._. . .. .. . . _
100%B[LLABLE TO ROAD AUTHORITY
RFA REQUESTED BY:BENJAMM STEINKAMP- .
AFE REQUFSTED BY: -.
MAIN7'AIN PROPRICTARY CONFIDENTIALfCY �
THE PHYSICAL LIbIlTS OF TH1S PROIECT ARH DFSCR�ED BY L1NE SEGA�NT,MILE POST RANGES;AND M SOtv�CASES TRACK �
NUMBER.SHIS LS 7HH PRIMARY AREA FOR THE PROIECT.TF�RE WILL BE CASES WFffiRE 7/0RK MAY OCCUR BEYOND THE DEFINED
� LIMITS.PROIEC[S THAT MCLUDE SIGNAL,ELECIiUCAL,OR TELECOMMUNICATION EQU�b@NT MAY REQUIRE ACfIVITY BEYOND
'1'HESE DEFPIED TRACK L0.fITS.ALL OR PORTIONS OF SOM1ff PROJECI'S MAY OCCUR M A2EAS WHERE NO A9LEPOSTSIGNS E70Si
SUCH AS YARDS.TNIS E57'IMATE IS GOOD FOR 90 DAYS.TIIEREAFIER THE ES'1'IMATE IS SUBIECT TO CHANGE IN COST FOR LABOR,
MA7ERIAL.AND OVERI��AD. ,
DFSCRIPf[ON QUANTITY U/M COST TOTAL S
•LABORr•
....uoa.
FLAGGAI6-REPLACERA1L07M� �1380.0 Iv43 34,374
PAYROLL ASSOCIA7ED COSTS' =�•�99
DA OVERHEADS 33,179
EQU�MENT FXPENSFS 30]25
INSURANCE EXPENSFS. 5.410
TOTAL LAHOR COST 113,927 113,927
A9AlER1AL .
' TOTAL MATERLIL COST . 0 � 0
,OTHER•,
TOTALO7HERITEMSCOST 0 0
PROIECT SUBTOTAL ��}•9Z�
� COtJ77NGENCffS 9,635
BILL PREPARATION FEE 1,238
GROSS PROJECI'COST 125,000
LESS COST PAID BY BNSP �
TOTAL BILLABLE COST 125,000
Page 2 of 3
� "• MAINTAIN PROPRIETARY CONFIDHNTIALITY ••"••
BNSFRA�.WAYCOMPANY
FW�MES'M9A7E FOR
. - . - . . - - ROADAUTHORITY ' - - . . . . . . . . -
LOCATION EASTAUBURN DEfA1L50FE5TQv1AlE PI:ANTTEM: 00019U549 VF.'RSION: 1
PURPOSE,NSTIFICA770NANDDFSCRIPf10N� ' � '
••FIELD ORDERIIJG NEQUIRED ON ALL CONCREI'E CLAD CROSSMGS
DFSCRIPiION OF�PROIECT AS PROVfDID BY PROIECT ENGINEER
FLAGGII�G FOR PIP-BNSF WORK ASSOCIATED WI7'fI M STRBL I'(EaSMG GRADB XING,PROPOSED UNDERPA55)
� LS 49 MP I01.95 '
STAIv�EDE SUBDIVISION '
NWN DIVISION
. BILLMG FOR THIS PROJECT SHOULD BE DIRECTED TO:
!00%BILLABLE TO ROAD AUTHORITY
AFE REQUFSTFD BY:
MAWTAIN PftOPRIETARY CONEIDENTIALI7Y
THE PHYSICAL WM[TS OF THI9 PROJECT ARE DESCRIBED BY LINE SEGMEM;MII.E POST RANGES,AND M SOME CASES 7RACK
. . . . . . .. . ._ _ .
NUMBER.THIS IS'17�PRIMARY AREA FOR THE PROIECT.THERE WQ.L BE CASFS WF�RE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS.PROJECTS THAT QJCLUDE SIGNAL,ELEC7RICAL,OR TEI.F.COMMUNICA710N EQIIIPbffNT MAY REQUIRE ACTIVTfY HEYOND
THESE DEFINED TRAQC LIM17S.ALL OR PORTIONS OF SOhff PROJECIS MAY OCCUR IN AREAS WHERE NO MdFPOST SIGNS IXIST
SUCH AS YARDS.TfQS ESTIMATE IS GOOD FOR 90 DAYS.THEReAF1ER Tf�ESTIMATE IS SUBJECT TO CHANGE M COST FOR LABOR
MATERIAL,AND OVERHEAD. ,
DESCRQ�TfON QUANTITY U/M COST 7'DTALS
•LABOR••
FLAGGRJG•REPLACE RAOJOTM 2055.0 h41 51,187
PAYROLL ASSOCIATm COSTS 3U,973
DA OVERHEADS 49.318
EQUIPMENT E7�'ENSES 30,116
MSURANCE FJ�ENSES�� 8,056
TOTAL LABOR COST 169,652 169,652
IAAlER1A1.
T07ALMATERIALCOST 0 0
OTHER
TOTAL OTFffR ITEMS COST 0 0
PROJECTSUBTOTAL 169,652
COMQJGENCIES 14.713
BILL PREPARATION}EE 1.844
GROSS PROIECf COSt 186,209
LESS COST PAID BY BNSF 0
TOTAL BII.LABLECOST IBb,209
Page 3 of 3
AUTHORITY FOR E7�ENDITURE
(FOR INTERNAL UNSF RAILWAY USE ONLY)
—_''—_'._.———_'_''''''''''''_.._.....__''''_��_...._._..._�'�''_—_—.._'''�..__'—'_—_._'''_'''_'
60CATION: EAST AUBORN UNE SEGMENT: 49 - AFE NUA�IDER:
PLANITEM NUMBER:�VARIOUS M�.EPOST: 101.95 RFA NU�ffiFR:.5901411
. . _ . _ . . . - . _ . . . . . . . . . _ _ _ ' _ ' _
PROPERTYOF: BNSFRAILWAYCOMI'ANY DIVISION: NW CPARNU.�iBER: C0000009
OPERATEDBY: BNSFRAILWAYCOMPANY SUBDIVISION: STAMPmE' BUDGEI'YEAR: 2012 _
JOINTFACILITY:�ROADAUTHORIN 7RACKTYPE: S BUDGEfCLASS: 6
%BILLABLE(+/-); �p0.0 � TAXSTATE: WA REPOftTMOOFFICE: 117
SPONSOR: VPENGRJEERMO CEN'IFR/ItOLLUP: 53505
PURPOSE,NSTIFICATIONANDDESCRIPTION -
PIP-BNSF WORK ASSOC WffH M ST LS 49 MP 101.95 STAIAPEDE SUB NWN DIV REQUESTER R.OLSON IOU%BILLABLE TO ROAD
AUTHORITY _ . .
' 'PLANITEM LINE�SEG ' BEGMP HNDMP -7RKNBR BEGINSTATION ENDSTATION " PRWECfTYPE �� ' "� "BUDYEAR �
' ' ' ' 000173931' '49 ' ' ' ' 101.95 IOL95' ' 3 ' ' ' -EASTAUBURN EASTAU6URN ' - PUBLICII�ROVEIv�NTPROIECY 201Y. ' ' ' ' '
000190550 49 101.95 I01.95 S EASTAUBURN EASTAUBURN PUBLICIMPROVEbffiNTPR07ECT 2013
CASHCAPTfAL. NONCASHCAPITAL. OPF.RATMGEXP REMOVALCOSTS BILLABLE TOTALS
LABOR COSTS 0 0 0 0 0 0
MAIERIALCOS7'S 0 0 0� 0 �0 0
� OTHERCOSTS 0� -0 0� 0 I44430 14d430
'TOTALS 0 � 0 0 0 I46430 144430
SYSTEM MAIYCENANCE AND PLANNING- KANSAS CI'fY PRINTED ON: 1021201I
ESTIMATEREF:NUMBER:�590I41I� FSTIMATEDBY: VAUGHT
COSTING DATE: 0 1/0 12 0 1 2 PRINTED BY: VAUGHT �
Page 1 of 3
""••• MAlNTA1NPROPRIETARYCONFIDENTIALITY •••••
BNSFRAILWAYCOMPANY
FHPM ESTN�tATE FOR
. . . . ROAD AU'INOIi1TY . . . . . . . .
I.00ATION EAST AUBURN DETAIIS OF ESTIMATE PLAN ITFM: 000173934 VERSION: I
PURPOSE,NS7'It7CAT10N AND DESCRIPffON
"•F�I.D ORDERING REQU[RED ON ALL CONCRETE CLAD CROSSINGS
DESCRIP770N OF.PROJECT AS PROVIDHD BY PROJECT BNGMEER �
CONTRACT QJSPECTION FOR P�-BNSF WORK ASSOCIATED WITH M STREE't'(EXISMG GRADE XMG,PROPOSED UNOERPASS)
LS 49 PAP 101.95
STAMPEDE SUBDIVISION
NWN�DIVISION � '
BILLMG FOR THIS PROJeCT SHOULD 88 DIRECTHD TO:
I00%BQ.LABLE TO ROAD AUTHORITY
ItFA REQUESTED BY:BENJAhUN STEMKAMP
AFE REQUESTED BY:R,OLSON
MAINTARJ PROPRiBTARY CONFIDENTfAL1iY
TFff PHYSICAL LIMITS OF THIS PROIECT ARE DFSCRIBm BY LME SEGM1ffNT,MILE POST RANGFS,AND IN SOPo�CASES TRACK
NUI�ER ifllS IS THE PRIMARY AREA FOR THE PROJECT.'I'HERE WILL BE CASES WFffRE WORK MAY OCCUR BEYOND TF��EFMHD .
LI�A'f5.PROJECIS THAT MCLUDE SIGNAL,ELEC7'RICAL,OR'IFJ.ECOMMUNICATION EQUBA�NT MAY REQUIRE ACTIVITY BEYOND
TF[FSE DEFQJED TRACK GIMffS.ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AAEAS WHERC NO MR.EPOST SIGNS EXIS'f
SUCH AS YARDS.TF➢5 ESTMiATE IS GOOD FOR 90 DAYS.THEREAF"IER 1'HE ESTIhU1TE IS S[1BJECT TO CFIANGE IN COST FOR LABOR,
MATER�AL.AND OVER}�AD.
DFSCRIP'CION QUANTITY U/M COST TOTAL S
«r......�.
LABOR
TOTALLABORCOST 0 0
.u.��....��.
MATERIAL
TOTAL MATERNl.COST o 0
' «r..�...r.
OTF�R
CONTRACTQJSPECTION/COORDINAT[ON 1.0 LS 4J,564
�TOTALOTHERfI'EMSCOST 43,564 43,564
PROIECTSUBTOTAL 43,564
CONTINGENCIES 4 '
BILI.PREPARATfON FBE 436
GROSS PROJECT COST M,000 �
LE53 COST PAID BY BNSF �
TOTAL BILLABLE COST �.��
Page 2 of 3
-
••••• MNMAIN PROPRIETARY CONFmEN'I7AL17Y •••••
� BNSF RAIL WAY�COtv�ANY �
� FHPM ESTIMAIE FOR
. . . _ . . . . .ROAD AUTHORITY . _ . . . . . . . . . .
LOCATION FAST AUBURN� DETAILS OF FSTIMATE PLAN ITEM: 00019055U VERSION: 1
PURPOSE,1I1S741CA770N AND DESCRIPTfON '
••FIELD ORDERING REQUINED ON ALL CONCRETE CLAD CROSSMGS
DESCRIP170N OF PROIECT AS PROVIDED BY PROJECT HNOMEER
CONTRACT MSPECT[ON FOR PIP-BNSF WORK ASSOCIATED W ITH M STREET(E7�SING GRADE XP1G,P&OPOSED UNDERPASS)
iS'49A�@]01.95� . .. � .
STAMPEDE SUBDMSION� '
NWNDMSION � -
BILLWG FOR 7HIS PROJECT SttOULD BE DOtECfED TO: �
]00%BILLABLE 1'O ROAD AU7HORITY �
RFA REQUE57ED BY:BENIAMIN STEINKAMP -
AFE REQUFS'fED BY:R.OLSON
MAINTAIN PROPR[EfARY CONFIDENTIALffY
. THE PHYSICAL LIIvIITS OF THIS PROIECT ARE DESCR[Bm BY LINE SEGb�NT,MILE POS7 RANGES;AND M SOME CASES TRACK
NUtrffiER.THIS IS 7FIE PRIMARY AREA FOR THE PROJECT.THERE WQ.L BE CASES WHERE�VORK MAY OCCUR BEYOND Tk�OEF'INED
- WMIfS.PROJECfS 7HAT Q�7CLUDE SIGNAL;E7.EC7RICAL,OR TELECOF�IIdUNICA710N EQU�MENL MAY REQUIRE ACTIVCfY BEYOND-
THFSE DEFQJID 7RACK LQvII7S.ALL OR POR770N5 OF SOME PROlECfS MAY OCCUR IN AREAS WIIDtE NO MILEPOST SIGNS EXIST .
SUCH AS YARDS.TIiIS FSTIMA'fE IS OOOD FOR 90 DAYS.THEREAFIF.R THE ESTIMA7E IS SUBIECT TO CHANGE P7 CQST FOR LAHOR,
MATERIAL,AND OVERF�AD.
DESCRIPI70N. QUANTITY U/M COST TOTAL S
+LAHOR +
TOTALLABORCQST 0 0
•MAIERIAL � .
..........�r.
TOTAL MATERIAL COST 0 0
r�T1�.R...
CONTRnCTRVSPECTIOWCOORDMATTON 1.0 LS 99.435
TOTAL O'Ct�R ITEMS COST 99,435 99,435
PROJECT SUBTOTAL 99•435
CONTINGENCIFS �
BLLL PREPARATION FHE �5
GROSS PROJECT COST L00,430
LESS COST PAID�Y BNSF �
TOTAL BILI;ABI.E COST. 100,430
Psge 3 of 3
AUTHORITY FOR EXPENDITURE
(FOR INTHRNAL BNSf RAILWAY USG ONLY)
– '�—___—_"_'—"__"'__""�_._.""�_—_—_____' '—�'_""
LOCAT[ON: EASTAUBURN LINESEGMENT: 49 AFENUhIDER:
PLANITEM NUMBER: OOOU3887 MILEPOST: 101.95 RFA NUMBER:.5900912
PROPERTYOF: BNSFRAILWAYCOMPANY DIVISION: NW CPARNUhOER:C0000009 �
OPERATEDBY: BNSFRAILWAYCOMPANY SUBDIVISION: STAMPEDE BUDGETYEAR: 20I2
JOINT FACR.ITY: ROAD AUTHORITY TRACK TYPE: S� BUDCE7 CLASS: 6
%BILLABLE(+/-); 100.0 TAXSTATE: WA REPORTINGOFFICE: 117
SPoNSOR: W ENGINEFRMG CENTER/EtOLLUP: 53305
PURPOSE,IUSTffICAT[ON AND DFSCRIPIION
P�-BNSF WORK ASSOC WITH M ST LS 49 MP 101.95 STAA�EDE SUB NWN D7V REQ[IFSTER BEN STEINKAMP-I00%BILLABLE TO ROAD
AUTHORITY. .. . ..
�� PLAN ITEM� LINE SEG BEG MP ' END MP TRK NBR �BEG[N STATION END STA770N - - PROJECfTYPE �� � BUD YEAR
' '000173887 ' 49 - '101.95 ' ' ' IOI.93 5- ' FASTAUBURN EASTAUBURN ' �PUBLICIMPROVEMENTPROIECT '3012 ' '_ '
CASHCAPITAL NONCASHCAPITAL..- -OPERATINGEXP- REMOVALCOSTS BILLABLE .TOTALS
LABORCOSTS' U 0 0 0 161,426 I61,426
MATERIALCOSTS 0 0 0� 0 SU2,3flb 507,286
OTPIERCOSTS� 0 0 � 0 - 0 90337 90 37
TOTALS 0 .0 0 0 754049 7540/9
SYSTEMMAINTENANCEANDP(.ANNING- KANSASCITY PRINTIDONr IOl11ROI1
FSTMIATEREF.NUMBER:�59009i3 ESTIMA'fHDBY: VAUGHT
- COSTING DATE: OI/012012 P2UJTED BY: VAUGHT
Pagel��of3 -
••••" MAIMAINPROPRIETARYCONFIDEMIALITY '•'••
� BNSF RAIL WAY COP.�ANY
FHPM ESTIMA7E FOR
. . . . . . . ROAD AUTHORITY . . . . . . . .
LOCATION EASTAUBUAN DETAILSOFFSTIMATE PLANITEM:. OOOV3887 VERSION: 1
� Pl1RPOSE,N57'Q�'ICA170N AND DFSCItIPTION
••FIELD ORDERQJG REQUIRED ON ALL CONCRtiTE CLAD CROSSINGS
DESCRIPITON OF PROIECT AS PROVmm BY PROIECT ENGINEER '
- . PIP•eNSF WORK-ASSOCIATED WITH M SIREHT(EXISMG GRADE XINO,PROPOSED UNDHRPASS)
� IS 49 MP I01.95 ..
STAMPEDE SUBDIVISION
NWN DIVISION
BILI.ING FOR THIS PROJECT SHOULD BE DDtECfm TO:
I00%BILLABLETO ROAD AUTHORI7Y
RFA REQUESTED BY:BENJAMIN 57EMKAMP
� AFE REQUESTED BY:�
MAIMAM PROP2�1'ARY CONFIDENTIALITY �
7}1E PHYSICAL LU�L'IS OF THIS PROJECf ARE DESCRIBED BY LINE SEGMEM,M1LE POST RANGES,AND M SOME CASES TRACK
NUbIDER.THIS LS 7HE PRIMARY AREA FOR THE PROJECT.THERE WILL�BE CASES WIffRE WORK MAY OCCUR BEYOND 7'f�DFFMED
Llt.1fl'S.PROIECB THAT QJCLUDe SIGNAL,ELECTRICAL,OR TELECOMMUNICA770N EQUIPMEM MAY REQUIRE ACf1VITY BEYOND
'RIF.SE DHFMED 7RACK LIMITS.ALL OR PORTfONS OF SOtv�PROlECTS MAY OCCUR M AREAS Wf�ItE NO MILEPOST SIGNS EXIST
SUCH AS YARDS:THIS ESTIMATE IS GOOD FOR 90 DAYS.THF.[tEAFTF.R THE ES'I'ONATE[S SUW ECi TO CHANGB M COST FOR LABOR
MATEIUAI-.AND OVERF�AD.
DESCRIP7'ION QUANTI7Y U/M COST TOTALS
,LAHOR
PLACEFIELDWELDS-CAP 112.0MH 2,686
PLACERARJOTM-CAP 1040.0 MH 22,204
SURfACETRACK-REPLACFl.�l7T-CAP 576.0 MH 13.968
WORKTRAIN-BALLAST-REPLACEMENT-CAP 109.0 MH 6,048
WORKTRAIN-RAO.-REPLACEMENf 71.0 MH 4,032
PAYROLL ASSOCLI7ED COSTS 35,4{9
DA OVERHFADS 46.478
�EQUIPMENT EXPENSES 22.962
MSURANCE EXl'ENSES �•6�
� TOTAL LABOR COST 161,426 I61,42b
MATERIAL
BALLASTdPRAGVE 3250.0 NT•• 17,875
DERAd&WFffFLCROWDER,N7,SI.mMGTW0.WAY,119- 2.0 EA ^ ' 6,938
.._ .._... .
RAIL,TRANSN,LH,25 Ff,I361/4 WORN I IS 4.0 Fal 5.092
RAIL,7RANSN,RH,25 FT,I36-I/4 WORN 115 4.0 HA 5,092
RAIL,13fiLBNEW WELDED:STANDA2DCARBON 6M1OU.0 LF "• 133,440
TI$TRK,IOFI',PRE-PLA7ED,6IN,S7D AREA - 40.0 EA '• 3,718
. TIE;TRK,CRADES,PRE-PLATED,PAPIDROL,6INSQHOLE 2500.0 EA •• 215,025
WELDKIT.GENeRICFORALLRA�.WE[GH7'S � 25.0 KT 1.738
MATERIAL HANDWNG 19.4a1
ONLME7RANSPORTA170N � � 57,759
USE TAX 35,932
OFFLINE7RANSPORTATION �;6
�'IUTALMATERfALCOST 502,186 502,286
.«.o�...
OTHER
..�..�..u�
HEAVYEQU[PMEMLGASE 1.0 LS I5,400 -
TOTAL OTHER ITEMS COST I5,000 I5,000
PROJECTSUBI'OiAL . 678.713
CONTRJGENCIES b�.��
. � Page 2 M 3 . �
GROSS PROJECT COST . � 754,049
LESS COST PAID BY BNSF 0
TOI'AL B[LLABLE COST 754,049
. . . . . . . . . . _ . . . _ . . .
� . Page 3 of 3
CEPS PLAN ITEM DOCUIv1EN1'
(FOR INTERNAL BYSI�RAILWAY USEONLY)
LOCATION: EASTEASTAUBURNTo LINESEGMENT: 49 AF8NUYIBER:
. PLANREMNUhIDER: P510851S7R MILEPOST: IOI.SST0IO2.45 RFANUMBER:
� PItOPERTYOF: BNSFRA�.WAYCOAR�ANY DNISION: NW � � - CPARNUAfBER: . � � � �
OPERATEDBY: BNSFRAILWAYCOMPANY SUBDNISION:�STAA�EDE BUDGECYEAR: 20I0 ,
IOWTFACLLITY: CITYOFAUBURNWA. ENGRDNISION: NORTHWFSTNORTH BUOGEfCLASS: 10
%BILLABLE(+/-): 100.0 TAXSTATE: WA,CO:KING REPORTAIOOFFICE: 461
REQUESTORID: UI55 MA7LDATE:�. � SPONSOR: VPENCMEERMG �
PROIECTTYPE: SGX LOCATIONCODE: 513035 DEPTCODE: MOWGH.
� D07NUMBER: OBSI57R ' TRACKTYPE: 2 DERAILMEN7CODG:
�STIMULUS FUND TYPE: STN4ULUS STANS:
PURPOSE,JUSTIFICATION AND UFSCRIPTfON
� " � .REMOVECROSSWGEQUIPMENTCOMPLEfETOCLOSE�CAOS5INCATMS7REETAUBURN,WADQT085157RL.5.49M.P:101.95� : _ - �
- ' ' " ' ' THE ATfATCHED MATERIAL CIST REFLECTS TYPICAL,REPRESENTNE PACKAGES USED FOR ESTIMATR.G PURPOSE ' ' � ' ' ' '
TF�Y CAN BE EXPECTED TO CHA�GE AFfER ENGMEERMG PROCESS;DEfA1L AND ACCUItATE MATERIAL LIST WILL BE FU[tNISFffD
WFffN ENGINEERING IS COMPLETED.
. CONTINOING CON7RACT5 HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD.
THIS ESTMIATE GOOD FOR 90 DAYS,TF3EREAFfER THE ESTIMATH IS SUBIECT TO CHANGE DUE TO COST FOR MATERIAL,LABOR AN�
OVERHEADS.
�o�����o�.�«�..�r�urouo�SIGNAL WORK ONLY»••••••••��u.�ou.�urrr�rr�•
THE STATE OF WASHMC70N TO PAY!00%.
� CASHCAPRAL NONCASHCAPITAL OPERATINOEXP REMOVALCOS7S� BILLABLE TOTALS
LABORCOS7S 0 0 0 0 17,665 17,6fii
MATERIAL COSTS 0 0 0 0 0 0
OTFIER C0.STS 0 0 0 0 4 738 4 738
� TOTALS 0 0 0 0 23403 22493
SYSTEM MAINTENANCE AND PLANNMG- KANSAS CITY PRIN7ED ON: 08/122010
' ESTIMATEREF.NUMBER: PSI085157R-1-25 ' FSTIMATEDBY: QUINN
� . C05777:GDA7E:�OS/1720I0 � PRIMW BY: QUINN�
� Paga 1 of 3 .
ACCf CST RSN PPE DESCRIPf10N QTY/ST OT U/M CASH NONCASH OPER REMOVAL
8 400 99II SIGNALFIELDLABOR-CAP 110.00 0.0 MH 5,466
•LASOR SUBTOTAL 5,466 0 0 � 0
1120 367 400 9911 CON7RACTENCR 1.00 LS 2,500
' ' 'Ol'f��R SUBTOTqL ' ' 2,500 0 ' 0 0 ' " '
•ADDITIVES PAIROLLASSOCIATHDCOSTS � 3,764
EQIIIPMENT EXPETJSES 1.703
DA LABOR OVERFIEADS 5,873
� INSURANCEEXPENSES . BW �
•GANG SUBTOTAL SIGGANG-7M-SIGNAL GANG,7 MAN 20,165 0 0 0
PROIECTSUBTOTAL 20,I65 0 0 0
CON1'WGENCIFS � 2,OI6 0 0 -0
� BILL PREPARATION FEE 272 0 0 0
�PROJECTOROSSWST 22,403 0 0 0
LFSS CAST PAID BY OTHERS 33 403 0 0 0
PROJECTNETCOST 0 0 0 0
Page 2 of 3
_ __
� •••^ MAIMAINPROPRIETARYCONFNEN77fil.ITY •^••
BNSF�RAILWAYCOb�ANY
' FHPM ESTIMATE FOR
, CITY OF AUBURN WA
IACATION EASTEASTAUBURNTOAUBURN DHTAILSOFFS'1'IMATE PLANI7EM: P5I0831571t VERSION: 1
PURPOSE,lU$TIFICATION AND UESCRIPIION
� REMOVE CROSSMO EQUIPAff.NT COIv1P1.E'1'E TO CLOSE CROSSING AT M STREET AUBU2`7,WA,DOT 085157R L.S.49 M.P.10195
TIiE A7TATCHED MATERIAL LIST REFLECTS TYPICAL,REPRHSENTIVE PACKAGES USED FOR FSTIMATINO PURPOSG
THBYCANBEFJ�ECTEDTOCHANGEAF7'ERENGAIEERINGPROCC•SS,DETAQ.ANDACCURA7EMATERIALLISTWILLBEFURNISHED -
WFffN EKGINEERING IS COI�LEI'fD. �
CON71NUM0 CONIRACTS HAVE BEEN ESTABWSHED FOR PORTIONS OF SICNAL WORK ON THE BNSF RAILROAD. �
� �'fH15 ES77MATE GOOD FOR 90 DAYS,THHREAFTER THC ESTTMATE IS SUBJECf TO CHANGE D[lE TO COST FOR MATERIAL,LABOR,AND
�OVERFIEADS.
...«««orr«oru ..•...«SIGNALWORKONLY^•rr..rr.ro.u......r...00.
THE STATE OF WASHMGTON TO PAY I00%.
, DESCRIPTION QUAN77TY U/M COST TOTAL S
•LnBOR••
SIGNAI,FIII.DLA80R-CAP 2I0.0 MH 5,466
PAYROLL ASSOCL4TL•D COSTS 3,760
EQUIPFtENT EXPENSFS 1,702
' DALABOROVER41EAD5 5,893 . '
' MSURANCE E7ffENSFS . 860
� TOTAL LABOR WST I7,664 17,665'
MAIERIAI.
- . ..�uu..u.. -
TOTALMATIIt1ALCO5T 0 0
,077ffR„
CONTRACT ENGR 1.0 LS 2,500
' TOTAL OTHER ITEMS COST 2,500 2,500�
PROIECTSUBTOTAL 20,163
CONTWGINC�S 2,016
BILL PREPARATION FEE "222
GRQSS PROJECT COST 22,403
IESS COST PAID BY BNSF 0
- TOTALBILLABLECOST � R,103
Pege 3 of 3
�/��F..
f7A/L I�YA.Y Riehartl(Rlek)W Wagnsr BNSP Rnllway Company
� ManegerPUbGC Projeds 2454 OccltlaMOl Avenuo Soutli
Suita 2D
Seattla,WA 98130
, Tel (Y08)825b752
� Fmc (208)625-61t5
RicharO.Wagner�bnsl.com
II Mobile(206)6048290
�
Exhibit E
November 11, 2011
- � _ -
Public Works Departrnent, Attn`. Jacob Sweeting
City of'Aubum
25 West Main Street
Aubum', WA 98001
Re: Final Approval of Plans andSpecifications dated November, 2011,
drafted by CH2M Hill and the City of Auburn (hereinafter called,
� the "Plans and Specifications")
�
I
Dear Mr. Sweetingc
'. _. �
This letter serves as BNSF RAILWAY ("BNSF") finel written approvai of the Plans
and .Specifcations cove�ing the constructinri .of the M Street_ SE Grade _
Separation (Unde.rpass). This final written approval is given to the City ofAuburn
("The City") pursuantto Article III, Section 1 bf that ce�rtain'Underpass Agreement
6etween BNSF and The City, dated November 11 ,.2011. If the Plans and
Specifications are revised by?he City subsequent to the date set forth above,
this IeHer shall no ionger serve as final written approyal of the Plans and
Specifidations and The City must resubmit said Plans and Specifications to
_... ... _. . .__ ._ __BNSFforfinalwritten approval _ - _ _ __ ._. _ _ _._ .___ _ __..___ _.____ _
I
Regards,
- - -- I^ - . . . ._ . . ._ --- - — _ _. . . . _ ._ . .. --- - . ._ . .
i
' V' � . .
Richardli Wagner
Manager Public Projects, BNSF
I
ii
_ . .
i,
I
�
i
. . _ . _ . . . . . i . . - - . . . . . . _ _ .
I
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�
i _.
- ' - . _ _ _- - — -_ . -- -- ----
I
, -
i
Form Approved by VP-Law
Exhibit F
Bridae Requirements
BRIDGE DESIGN,PLANS&SPECIFICATIONS:
Bridge design calculations will besubmitted to BNSF for review and approval. Design calculations will be
summarized on a cover sheet to state the design dead load,design live load and amount of impact and any secondary
loads wnsidered. Bridge design by other than a BNSF pre-approved consWtant will be subject to a third party
design check az The Ciry's expense:
For railroad bridges-and�culverts oyer waterways;BNSF will be provided with the Hydrology and Hydraulic design
criteria,calwlations and site specifir�data,including electronic data utilized�in computer simulation modeling.
Design considerations should include future land use changes that would increase the volume,velocity or sediment
transpon characteristics of the streambed flows. Design shall include sediment transport calculations and erosion
control mitigation measures if necessary. �
Bridge plans wiil be submitted to BNSF for review and approval at the 30%,60%and 90%stage of design. The
final se[of plans must beapproved by BNSF prior to letting of bids for the Projec[. �
Prior to issuing any invitation to bid on wnswction of the Svucture;The City should conduct a pre-bid meeting
where prospective Contractors have the opportunity to communicate with BNSF personnel as to the site specific
train speeds,train densiry,and general safety requirements for men and equipment working near live tracks. Any
invitation to bid and specifications for ffie Structure and the Project must be submitted to BNSF for review and
approval prior to letting of bids for the Project.
BRIDGE CONSTRUCTION:
After awarding[he bid,but prior to[hc Contracror entering BNSF right of way,The City should conduct a pre-
construction meeting with BNSF personnel in attendance to reiterate the safery requiremenu of construction activiry
adjacent to live tracks.
During construction,BNSF will require an experienced Qualiry Control Inspector to be present during certain
cri[ical times of the Project,-including but not limited to: driving foundation piles,erecting falsework,construction
of shoring and retnining walls,placing concrete,.placing soil backfill and compaction processes.. Certain
components,norrnally produced off site,will require a QC inspector to be present,including the produc[ion of
precast concrete components and steel fabrication. The QC inspector will provide reports[o BNSF including pile
driving racords;concre[e compressive test records,and other such reports requested by BNSF. QC Inspection
services can be provided by 7'he Ciry subjece to acceptance by BNSF. If the QC services provided are not
acceptable;BNSF will provide an independent QC Inspection service to supplement the deficiencies.The City shall
reimburse BNSF for all costs of supplemental QC Inspection services.
W ithin 90 days of[he conclusion of thp Project and final acceptance by BNSF,The City will provide BNSF with a
, �complete electronic set ofthe bridge�plans labeled"Record Drawings".Those plans will reFlect any and all
deviations from the original plans that occurred during construction: The"Record Drawing"plans will be submitted
in Micro Station*.dgn electronic�format(prefened)or AutoCAD*.dwg format. Electronic plans are to be
submitted in the original format used for CAD plan preparafion and not copverted to another format prior to
submission. The plans must show dimensioned locations of exisring and relocated utilities.
BRIDGE MAINTENANCE:
BNSF will be responsible for maintrnance of the track and ballast over the bridge and the earth embankment
approaches: The City will beresponsible for maintenance of thestructural components of the bridge, including deck
waterproofing and paint.
Fortn 0106 Rev.O6I01/O5
Form Approved by VP-Law
For bridges over roadways,The�City will maintain the roadways under[he bridge inciuding signs,pedatrian
walkways,fences,drains,landscaping,earth retention components;embankment slopes,erosion con[rol,surface�
drainage,paint,walkways,handrails,.lighting and oUier improveinents associazed with the-Project. The City will be
responsible to post kighway vertical clearaocesigns and maintain such signs to reflect potential future pavement
profile elevation changes.Clearance signs,traffic control signals or other signsshould not be attached to a load-
carrying member of the railroad bridge.
For railroad bridges over waterways,The Ciry will be responsible forall aspects of channel maintenance across
BNSF's right-of-way,including toe:of slope erosion control where the railroad embankment meets the streambed. �
The Ciry willbe responsible for debris removal that may accumulate at bridge piers as well as silt removal,local and
general scour and remediation and streambed�lateral migration and streambed degradation remediation.
Fencing and other trespass controls within BNSF's right-of-way along M Street SE and incorporated into the Project
shall be designed and maintained by The_Ciry. Graffiti removal will tie the re§ponsibiliry of The Ciry.
BRIDGE INSPECTION:
BNSF will conduc[annual routine sWCdual inspections of railroad bridges over public roadways and waterways at
, � , no cost to�The City. The Ciry shall provide haffic control under those bridges spanning roadways to enable BNSF
personnel or represmtatiyes to safely conduct the annual inspections:. For�outine ann6al inspections,BNSF will
give the Ciry 14 days advance notice of traffic convol requiremenu. In.the event of an earthquake,fire,flood,
.
damage from vehicular impacu or other emergent situations,The Ciry will provide traffic wntrol in roadways to �
allow immediate inspedion by BNSF personnel or representatives;as City staff is available. Traffic control will
include lane closures or other such measures[o allow BNSF personnel,contractors and equipment to be safely �
positioned under the superstructure.
Upon the conclusion of the BNSF inspection,The City will be given a copy of the inspection record and will be
notified of items in need of repair. The Ciry does not complete ttle repaits requested by BNSF within a reasonable
[ime period,BNSF personnel and/or contractors will perform the repaiis��and invoice The Ciry for the entire cos[of
such rcpaits. Regardless of the nature.or cause of such maintenance and repairs,traffic conhol will be provided�by
The City a[no cost to BNSF[o allow safe access to the bridge.
� Form��06 Rev.06/01105
EXHIBIT�G-PROJEC[COSY ES7L�IATE A.*ID BNSF PUNDIIVG 9HARE '
� SummarizedEn Ineer'sEatlmata BNSFCOSt3hare
is ttem
subjoetm ❑Yes,%or
Esdmatetl BNSF QTYSubjac[to CostSUbJeetN
�Imm Number Item Oese�iptlon Unit Unk Cost Quarrtitles Item Cost Shadng7 BNSP Shering _ BNSF S�a:ing BNSF Share(5%)
�;�;s3t.r Ax:f'�'3`��'�+°"ir�eli�WulR�d'4u"�r a"Ra:�`t? . .`�`�� ��i`t�`vs >ca.-,u�r�'-'�''v. `,x ' st f; �..P^r`irt".t�t.s":,��,�,r�� .u.�r �k;�. ,S:rSYt. .`"�- .±5aar�:;�L.^�_i'v._'�„1=,.
cL�'�.� 'iL. �r .��."�"�_ _.�._._3 P:..""��.?�'.�`'e. .�:,::.� �'�ht.
RailroaA Ftagging - � �DAY 5950.00 280 S � 247,000.00 NO $ . g -
RBmOVe Existlng CrossNg LS 515,000.00 1 3 ib,000,00 NO S • $ -
� Ballast � CY $50.00 2295 S /74,760.00 NO S - 8 -
Treck�enC Selvege Sitling �F $28.00 7596 S 47,488.00 N� s . . S -
3315.00 2483 $ 7ffi,165,00
TraCk Work•New LF � NO 0% S - S � -
Track Work-Reesteblish �F 5725,00 7743 5 217.875.D0
� Mainlicre NO S - S -
TreckSxitchoJer LS S75,000.00 _ 1 S 76,OOOAO . NO $ - g -
EmbankmentPiu Raiirasd CY 53400 7430 S 48,62000 NO S - E �
, c,,.�� ,��A1��ey. '• ,t v XcrE;'.�..:M T.w. J a�4;;3"„t„�e� �t -`. di .,:u i.��,r . y .. 1�; . � ,�% ;",^';,.�E.�Fy;.•" : aL�;::<+°a .�' .A' "`{;- 'x�,z, n �e .;..,i ,� _ i-.zrn^—
w '�� ut1... ��� ��Y..SV� � �.a.lt� r rt�"�. k.#LY3i, > . :. '6...tJ., '.fw..�t;+b : E+�..�A..�f'�—i.�}Lv^'.�5Y,1:-}'. i+.5
StrucNre Excavation G.A InU:H � CY s2s.ao ns � � saoa.ao ves �uox s saao.00 a zes.00
ShorMg or F�Qfe EXCevation;G� �S 8185,000.00 1
A� 785,000.00 YES 140X - S 185,000.00 $ 8,250.00
Shatl-38"Diameterfor,&idge LF 5125.00 1700 �37;500.00 YES 1�OX S 737,SOO.DO S 8,875.00
Fumishinp SoWier Pile for Bridge LF 5185.00 1700
-W14z192 181,500.60 YES 100% S 181,500.00 S 9,075.00
ConcreteGa954000PorBridge CY 51,000.00 9324
AbuUnenb - 93,24�.00 VES 100% S 93,240.D0 S 4,862.00
St.Reinf.Bar for Brid9e
Abu6nenf3 � $�'75 t8�7 32,63225 VES 100% 5 32,632.25 S 1,831.61
Permanent Gmund Mchor for �
BritlgeAbutrnerrts � SS,OW.00 20 ���p� � ��ya S 100,OU0.00 S 5,000.00
PermarreM Grountl Mclior
PeHOrmanee Test for Biidge E4 56,250.00 2 �
Abutrnen4s �- 12,500.00 YES 100N. 5 12,500.00 S 625.00
PertnaneM Ground Anchor �
VeriMation Tasl for BAdge l5 E8,250.00 1
Abutments 8,250.00 VES 100% S 6250.00 S 31250
Futnish and Insfafl Bridge LS 52,742,OOo.UO 1
SupersWCture 2,142,00000 YES 100Y. S 2142000.00 S 107100.00
�.�...'+YT ' . . . � . • F ;+F " F r t x�., `_r.., aT_" .N:i-e "'P'S
.u:^...uFi.�C'?CC2�,,:r.;Ratainf...�� a Is�mtianlaneMs t .'r' ,��_.z{��:-..t. a.t ' dr'�.. '�r1,:3-,e'r �strt ...� a i ,�fCYF„M 3`ti:.1 't�a ..�`4,T �C , i.r.n � Ev.S��,i.ot<a'e U;"4S.,.?ao� �t r6'i
�_ `'�`�'_`�___� �'ud'�'.,�`.'�. ^ _ �.��L' ........1'�Su.,�..{:'L"�`...'Y.v..._.fsJ.1..�,.v.tir.:..v�:,..::.du...J..:_��3.. • f.�-I'1�".:„''L
FumUh antl Install Cortcrete ^ LS 521,500.00 7
Bartier Wall LL1 21,500.00 YES 100% 8 21,500.00 5 7,075.00
Fumish and Insfall ConerMe �S 311,500.00 1
Bartfer Wali LL5 11,500.00 YES 700% S 11,500.00 S 575.00
Fumish and Install Concrele �S 521,500.00 1
Bartier Wall RL1 21,500.00 YES 100% S 21,500.00 S 7,075.00
Fumish and Instail Concrele �S $10,500.00 7 �
Bartiu Well RLS 10,500.00 YES 100X S 10,500.00 i 525.00
Fumish and Insfell CIP Concrete LS 5�.000.00 1
WeI1LL2 �22,000.00 YES 100% $ Y2,000.00 $ 1,100.00
Fumish and Instail CIP Concrete LS 5745,00�.00 7
WeVLL4 - 745,000.00 YES 100Y� S 145,000.00 E� 7,230.00
9/232011 at 1:09 PM 1 of7
EXHIHIC G-PROJECf�.COST EST�IATE AND BNSF FUNDING SHARE �
. �SUmmarizedEn ineersEetimate BNSFCOStBhare
Is Itam
8ubjeetm HYes,%w
Estimatetl BNSF QTY Subjeet W Cost&ubject W
Ilem Numbar item Desc�iptlon Unit UnR Cost pwntities Item Cost Sharing7 BNBF Sharing BNSF Sludng BNSF Share(b%)
Fumish end Imtall CIP Conaete �S E70,OOO.oa 1 �
WaIILUt ' �0,000.00 YES 60X S 02,000.00 S 2,100.00
Furnish and Imta9 CIP Conaete �S 526.000.00 1
Waii RL2 26,000.00 YES 100% S 28,000.00 5 1,300.00 �
�Fumish eM Imten CIP Conuete LS 5139,OW.00 1
WeIIRl4 739,O�D.DO YE8 100Ye $ 139,OOO.DO 5 8,950.00
Fumish end liisfall CIP Contt¢te �S $51,000.00 1
WaIiRU1� 51,000.00 YES 700X S S1,OOOA� $ 2,550.00
fumish and Install CIP Conwete LS 348,000.00 1
Wall RUB 48,000.00 YES 100% $ 46,000.0� 8 2,400.00
Soil Nail Wall-LL3 LS 5195,000.00 1 195,000.00 YE8 700Y. S 785,OOO.W 3 8,)50.00
Soi1Na0Wa11-R13 lS 5197,000.00 �t - 187,000.00. YES 700X E 797,000.00 $ 9,850.00
Soi1NalWall-LU2 LS 3287.00�.00 7 287,000.00� YES 700% � 8 287,000.00 S 73,350.00
� SoiINe0Wa11-LU3 LS �$289,0OO.OD t . 289,000.00� YES 100% S 289,000.00 S 74,450.00
So�Na�WaIL-WB LS 5277,OOO.Do . 1 . 271,000.00 YES 100li S 271,000.00 S 13,550.00
So�NaaWell-RU2 LS 5289,OOD.00. 1 289,000.00 YES 100% g 28B4O00.00 S ta,a60.W
SoldierPAeTieBackWeli-LU4. LS 5137,000.00 1 137,000.00 YES 100% S i37,000.00 S 6,850.00
Soldier Pile Tie Back Wa�-lU5 LS 5253,000.00 � 253.000.00 VES 100X S 453,oaa.oa S 72,850.00
Soltlier Ple Tie Back WeQ r RU3 LS E73B4O00.00 � 138,000.00 YE5 100% S 138,000.00 S 6,800.00
Soldief Piie Tie Back We0•RU4 LS M55,000.00 � 265,000.00 YES 700X 8 255,000.00 3 12,760.00
MotlularBbckCutNYa!I SF 550.00 2284 113,200.00� NO 5 S
3�'L`�'e�,Da__�.:2:CIROadYPaY:EzCBYetlbniC:'u.'u` '+a _..:,:c`:._�` �,7"+k-.r.,..'r✓'uX'+..�-?.'a?3,f �:�n:s?,��"' ::`:z�fF;cY„� .i�r�� W�:'i. r ,,,E�r .' � , �r r:�., `
�'_ ..a;:, "� ,w,.- axt.r.�,s�-1..,., siu�.:t!Y; .1.vr. ...�it
Roativ.�YExpvatlonlndutlin9 CY� S780U 40953 :: * � ...,:. : .f .ry:�
Heul .778,10700 YES 54X S d20177.78 9 21008.89
'`'k.. kN5-.E� � RBbE8dQ11 G}11H1 06 l'��iP'i �Yr ° c,.Ers , .w� �3, . .a .'T�'�.'��4d�"., ,P�'�.'—�y"�'�.y.a�y+�s. , .'t,�i:. . , i r Ft :. <�"i�,Y$ . a ss.�i°�j".. F p-�i
t'e uiM#3`s'��' �:e�w re/°.. . i'� i 'S3 �`.� t idF'�'i7 �� s1i?' '''�,t�r ' 3Y� $� �� 1 n ..+ dL'` a v h���ti,
��'f'.<.,lf._.�'�.,.s„*.��,��CSCN10fR01bEeH�flti�lu� `,`="��S-z.�:� Fir_„1?7��.�-'�Y`��.,f.,.,_��.��'-�'� 't���v- ...3�Yk C-i.�..ur,�..�.w7"°wt: _,��P�.��,. S��;V� ts���'�. �'i?i,S�Jd�t�i��,�_.:,�.
U6htyPOUwii� EA $1,300.00 5 8,500.00 NO t - S •
RemovaloiSWcturesand � -
Obstructions LS 56,300.0� � 8.300.00 NO S - S -
� RemoVe Sanifdry$exer 5575.00
Manhole EA 5 2,875.00 NO E - S -
Removee�dstlngsidesewer LF 55.00 30a 1,500.00 NO S - S -
Removal of Cox�ete orASDhaR $1,80
' PevemeM SF S.tOO 8,84a.00 NO S - S -
Removal of Curb and 6ut[er LF 58.50 211 f,371.50 NO S - S -
Shoring end F�tre Excavation $�25
Class B Sf 2378d 28,955.00 NO S - 8 -
Manhole Type 1,4B ineh Diam. Eq 38,300.00 y 38,700.00 NO S - S -
� MenholaRingandSolidCover Eq� 57�,500.00 � , 7,500.00 NO S - 5 . -
AdjuatManhple EA �50.00 0 - NO . S • S -
� 9/23R011atY:09PM ?of7
� - E7�IIB[T G-PROJECT.COST�ESTIMATE AND BNSP FUIYDING SAARE - �
ISUmmarized E- IneeYs Estimate � � BNSF Cost Shate
Is ttem
. 8ubJact W N Yea,•b or
� Estimated BN3F 4TYSubjectto CostSubjectto
IUm Number �Iterti DesiNpdon Unit UnM Cost QuanHdes Item CoSt ShaKng? BN9F Sharing BNSF Sfiarirg BNSF Share(5%)
� CqnrietttoEodstlngMenhole �E,q 5840.00 � 650.00 NO $ - $ _
TemporarySanftarySewer �S Y79,000.00 1
Bypass 19,OOO.UO NO S - E -
SewetTeievisionlnspectlon Lf 54.50 1864 8,388.00 NO g - § _
Sditl Wall Falyvinyl Ch�oride
� (PVC)Sevrer Pipe;SOR-35,78 LF 585.00 1221
Inch Diam. . � 703.785.D0 NO $ ' . s _ .
� Cesinp Pipe 38 In.M(n.Dtam, � a1,600.00 286 657,600.00 . NO S • S _
KgF Oensity Polyethylene P'�pe � S1B0.00 286
. 181n:Oiem. . 57,480.00 . NO � S - § _
Ductfie Iron Pfpe,3pecial Class LF E160.00 242 .
52,3ewer Pipe,18 inch Diem. � � � 38.720.00 � NO - S S
{a�..fp,,w,��w�.. a�:"s:C 3ewenRefbcaMTn t'•n� '�+t�:'ir�-�.. `:.kC'-. ?:� <9:u�'>,��la'_Li�_?a"�'ia.Jy'-:..°,,+'a�"�,,...S`"r;�dJ��+-iSS�i-},.,,�---�'Mi^•v�o-?;- . c:Ei;� ,� h nir . �� .�i x x� {+a �i'!._" ' Y��:;. �..
_. ,s.:;;.;�3�. ._._:�r.. r..3�'i._.:..���_.,. . v... _ .«
Remova Senitery Sewer� 5650.00 � u
Manhde EA 1 650.00 NO $ - S _
AbaiWOn aM Fill F�OSting 8' 519.00 �
Sewer LF 1T2 3.284.20 NO $ - g _
Manhole Type 1,481nch�iam. Eq 56,300.00 4 �,5,ppp.00 NO S - y _
E830.00
ConnaCtloEuiedngManhoie EA - 1 '890.00 NO $ - E � � -
Solid Wa�Polyvinyl Chloride � � . - �
(PVC).Sewer Pipe,SDR-35,8 344.00 . ,
inUi D'rdm: �F � 184 8,088.00 NO S - S -
Polyvinyl�Chloride(WC)Sawsr LF 370.00 715
Pipe,SDR.75;10'Diam: 8,050.00 NO S - E -
Ducti�e Iron PiDe,Special Class Lf g63.�0 252
52.Sewer Pipe,8 inch Diam. 15.844.50 NO S ' g _
SewerTelevision Inspec[ian LF 54.50 354 1.593.00 NO S - 5 -
8 tnch Side Sewer Stub eM $630.00
�darker EA 3 1,890,00 NO � S - $ -
Side SeWer antl CAlinection$OS 513.SOO.oa
MStSE LS I 13,500.00 HO S - E -
Sitla Sewer end Connectlon g0,800.00 -
1129 81h St SE L3 7 8,800.00 NO E - S -
� SideSex2randConnection Eq,�00.00
7729 6th St�SE Out BWg LS 7 4,100.00 NO E - S � -
Sitle Sevrer and Connectlon 502 gtq700.00 - �
L St SE LS 1 10,700.00 NO S - E -
SideSewerarWConneetirn410 g5,000.00
L St SE � LS 1 5,000.00 NO 5 - 5 -
� Side Sewer and Connectioh 328 g�,OUO.oO
: L St SE� LS 1 7,000.00 NO S - Y -
� 9/23!!al l'at 1:09 PM ' 3 aF7 �
EXHBiT�G-PROJECT COST ES'['RNATE�AND B�3F�.FUNDIIYG SHAIt6
- SummartrzdEn ineer'sECtlmate - BNSF�COatBhere_.
Is Itam
� Su�ectto H�Yes,°{or �
EatimMOtl �BNSF� ,QTY�.Subjactto CostSubjectfc
��ItemNUmbar JtemDescrip8on �UnR UnitCOSt Quamities itemCost �Shart�Y� BNSP,Shadng BNSFSharing BNSFShare(5%)
..Sitle 3ewer end Connection . .. . .. azppp.00 . .
11064thSiSE� - LS 1 2,200.00 NO �S - S -
�Side Sewer entl Connection
11N.6th St SE LS � E2,200.W� t 2,200.00 NO S . 5 -
�Side'Sexre�and Connection �
11204thS;SE �g E2,200.00 � 2,200.00 NO S - S .
Sde Sewer and Con�tion 407 52.200.00
M St SE LS 1 2,200.00 NO $ - S � -
. SideSewerandConnection506 g�,2pa.0a
L SiSE LS 1 2,200.00 NO $ - -s .
Side Sewer aM Conneciion �
17056th StSE LS ����� � t �4�10000 NO $ g
��-x'�' „ta,�-.�., "`i'.1�^ ��'�'Re�"uPYn�v^r�'.�'�;�:�a�� Jsa'*3. a 1 .,i;�.a,v d� •',[.yz, 'c . . '
�� _�l �—�i��_i_�.«. ._....'L...uv:.....�.�. c ,.��t'r'V.� . .:s'�<�.:6�..:: - �:..,: :• ..��_..,.,�a `w.�-:� .,.$.'�G. J'�.�.`..��r w ��).v.�. + ,-..+T.L:x.E�_,.8:,;�
IUtifibPotholinp EA 31.250.00 4 55.000.00� Np . �g - g .. _
RemoreHydra`rt EA g63D.00�� 3 $7,890.�0 NO g - g .
�RemoveMetedCepSerrice EA g6J0.00 11 SB,B3D.00 NO g - g _
Remwe oi Abambn Ezistinp 56.50
WaterLirle Lf 2150 317.875,Oa NO g - s _
Rebcate MeterlConned to g900.00
e�dslm9+erviceline EA 8 57,20D.00 NO S - g _
Shoring and Extre Exwvation 50.15
Cless B SF 19250 52,887.60 NO $ - �g _
Water Service,21nch Diam. LF $3200 140 34,480.00 NO $ - g .
Spedei CI894 62 DuCNe hon.
�Pipe Por Water Matn BJnCh g53.00
�Diam. � �I,F 665 �$3a,715.00 NO S - g .
Spedel Cipss 52 OuC�le hon
PipeforWaterMain181nch� 5175.00 �
Diam. LF � 827 5709,725.aD NO S - g _
Connect W E�dsting Weter Main Eq 53,000.00 � g27,000.00 NO $ - - s .
Gate Valve,8 ineh Diem. EA 51,900.00 2 g2,600.00 NO S _ g _
Gate Valve,12 ineh Diem. EA $2,500.00 11 az�,soo.00 NO $ . g _
Gata Velve,161nch Diem. EA 53,800.00 2 E],800.00 NO g _ E .
Combi�6afAirRelease/Air ga,tb0.�0
VecuumVaNaAasembly EA 2 56,300.00 NO $ • g _
HytlranlASaembly EA 54,500.0a 3 $13,500.60 Np g - S _ .
Mcv'ug 6dsWg Hydrant EA 52,500.00 3 57,500.00 NO g - s .
- NleterServiceConnaetion314 g��3p0.00
inch Dlam. . E4 B 810,400.00 NO g _ y _
ouel Water Service Connection S2.00O.00
3l4 Inch Diam. EA 1 32,000,00 NO 9 - E -
wate�s��ce co�nection ss,000.00
�Renewa1407�MStreet Ep t SS,OOOAU NO S - 3 -
� WaffirSarviceConnecbon g8,B0o.0o
Renev,al 505 MStreet EA 1 58,800.00 NO � S - S
Water Serviee ConneGion� 58,800.00
RBnevra111P98thSE �EA 1 58.e00.OD NO S - g .
9!»2011 et 1:09 PM � 4 of 7 .
� �EXIiIBIT�G-PROJECT�COST�ESTIMATE AND B1VSF Ft7NDl!YG�SHARE -
Summatized E�ginwfs Egtimate BNSF Coat Share
Is Hem
'�Subjeotto HYes,XOr
Estlmated BNSF QTYSu6jeetto� CostSubjectto
Item Number ltem Oescrl on Und Unk Cost Quantitles Item Coat Shedng7 BNSF 9haring BNSF Shariig BNSF Share(5%) -
n?;�y.`��'_.ryu!�'�'`-.,W'�:��pAROadWEy'�e�I�9ff���0,RE4fD�I8NbOtV✓ �..vt�li.r.w�'�.F�'�:��R,l ,�hf. .,.���fNi'.4t"4�i�:i?�"�`Y,I�;Iv.�r'€'nii �7"'J�}!:C?F.�..�L"� av,����e�C�r ��r�a1XA:NVrJVf3P',�4"c`�^�+b�'�;�;�'fY?�SU...x^�r^kA+3�F..:M�S3 �til�.r.��w"�
Crushed$urtacinp Top Course TON 525.�0 583 58,825.00 YE8 64% S 5,305.50 $ 26528
CrushetlSUrtacingBsseCOUrea TON 520.00 b784 �5715,280.00 YE9 64% S fi2,257.20 3 3,712.58
. � Sub�Ba:last TON 820.00 2500 S50,OW.OD YES 64S 5 27,000.00 S 1,350.00
. HMAG.1f2-INCHPGBd-22 TON S95.00 3240 -5307,800.00 YES 66X . 5 788,21200 $ 8,510.60
HMAG.�i-INCHPOea-22 TON 585.00 4400 5478,000.00 YES 54% 8 225,720.00 S 11,288.00 ,
CommercialHMA TON $150.00 100 515.000.00 YE9 fi4% 8 8,100.00 5 4D5.00
Planing BiNmi,wue PevemeM SY 54.00 2285 gg.�q0.�0 NO 5 - S -
CemantCOncreteTrafficCurb �p 520.0a �3262
and Gutter 384,040.00 NO S - $ -
Cement Concrete Driveway �
��� SY 580.00 284 577.040.00 . NO 8 - s -
RaisBdPevementMerkerTypB2 HUND 8500.00 Z 51,000.00 YES 20!G a zoo.00 S 10.00
Monument Type 8(M�fied) EA 38a0.po 3 gp,qp0.00 NO 8 - S -
Illuminaton System Cbmplele LS E350,000.00 � $350,000.00 NO $ - $ -
Treific Siynal System CompkM LS 5225,000.00 � g�5,000.00 NO Y - S •
Signai Inte�connect System �
.Comptete LS ,S&5.000.00 � .1 y65,�U0.00 NO� 5 - 5 -
PermanentSigning LS� 58,300.00 1 58,300.00 NO 3 - S -
Pa?rHUne � LF 50.30 8120 52,736.00 VE9 �2056 E 54720 S 27.38
PlastiC Crosswe0�Slripe(1Y
�g� LF 55.00 2�5 57;375.00 NO 5 - S -
Plastic Stop.Bar(24"wide) LF E8,30 125 $787.50 NO S - S -
PlasECTmfficArrow EA 5700.00 12 S1,Y00.00 NO g • s _
PlasUc T�c Letter EA S63 00 18 37 008 00 NO E S
i:-•"m'TCa.,;..�$id¢walk`RBSWIahOii"Y,�?i<a!f.n.�� .:-;?� ..,._z..._,�. � a,sti�.�.�ib 'isc�..,�_' - ' .�..3�.;.tfy.Nk S°:iiy;" ,.�T.� a,:,�.":t:<"' -'�,:.�.'wi.,,'t . ..E_j,?k.:.c-�v'�'1�..... .r''�rt i�-�_3:w:# cA1 r3G:^?r.:.;;�
Cement Concrete Sidewalk SY 350 00 3750 5187 500 00 NO 8 �. {�[� g �
<;iif�� C HRr._?�:��1.?�h �GNti h0"�Rbl"",-�L tin,ovala'�ai,�,olih�`v.ti �_.zx ,�$rinr�?;��4af Yf`�.n'ns lk„si� , ''�^""'�';'�+i . �r".:wSKyr,•R %r .-�'S�.SVk'`r_e ,^4-i.4eh'� .1 � . .tl,;. .�F i�a� : � �,-
^ aY .C�S'�.+v�` A�y Y^ .:..�'�1%`Y.P�qyt ttu.A�j Yn.�::.[i1
Gea�ng and Gnibbing LS 315,000.00 22 533,D00.00 NO E - S -
Removal of SVUCtures anG LS 520,OOO.00 1
Obstructions S�o,o00,00 YES 207G E 4,000.00 S 200.00
RemoveFenca LF 58.50 524 53,406.00 NO $ g -
Ramovelo}SteelCasinp EA 570.00 11a 37,700.00 VE9 20% S 1,340.00 S 77.00
Removel of Dreinage � ��� ��
�SWclure $4,840.00 YES 20% S 888.00 3 48.a0
RemovalaiSformSexer LF E5.DO te00
P�PB S7,OOO.DO YES 20°6 S 1,400.00 S 70.00
Residen6alPropertyDsmoGtion LS 5740,OOU.00 � g140,000.00 NO E - $ -
Remwal antl Pisposel of ES7 S73,o�0.00 1
Asbestos Material t19.000.00 NO S - E -
9R32011 u 1:09 PM . 5 of 7
E.�CHIBtC G-PROJECI'COST EST�NATE i1ND Bh9F�FUNDWG 3HARE
.. . .. . . . . . . . . . ._ . .
� SummarizeA En ineefs Fstimate BNSF Cost 6here
Is Ibm
. . � . � Subjeetto IfYes,%or . �
� 'EStlmataA, �BNSF� �7YSubjectto CostSubjectto
Item Number Item Deacdptlon, Unit Unit Cost �uantitlas � '.Item Cost ��Shadng7 BNSF Sherm9 BN9P Sheri�g BNSF Share(5%)
�Remwe and Reset Fenee �� LF - . S20.oa 877 �378,2YO.OU ND S - S •
Remwe and Raset Private �
Signa � $�'900'� � 2 53,800.00 ND S - S -
SaWCUt6ng LF S7 90 470 3889 00 NO S s _
E' �1'" '-'"xT2flIC:C � � -. r35... �a+.: �mi 'hw,„: .d . .fp. i .
`+'�.7'-,,:^._,L^yl�'tj ,a�_-. .,r..,... , __ ., r�dNri�iii�x+�� na- ,. �, ., . ,�.�f ',.4� :,::�.t. �ci;er7.x��'+.w .s ae �s.fiEa,..,.a N � �. r
...,..L � � 3�._ .k..z _ .,?_+...wr19.a �:t'iS
�Con5Nic6on'SiOeSfgn(s) EA E800,00 2 51,800.00 ; NOY �E • $ -
Trafic Control Labor (Min.Bid HR 555.00 8000
$32.bOperhou� g330,000.00 NO 0°,i 5 - g -
Traf6cCOnVOISupervisor LS 5150,000.00 � $150,000.00 NO DS: 3 - $ -
OutsideAgencyUnifortned EST S1S,000.00 1
Po���99i�9�ebor 515 000 00 NO �S g -
'n'37� "`?.I:.w.7`�t1601'2tItl1811dsCSOinYr!{.ii�Fn+tli;xidY''�;1{.� '�F4'` F<'�� .�,4 � . .. � n�" ,�• �.i� '�1 x �,ps�
� . s-.: n��...,.. .,r :orras.?2:�. �'du.r.ar .s.,�i Ci"5.3..< ...i�w; ,€s..t:'.-1':' 't x. 3_... "Yii5:� Y�L\:��.a"'��i+,.t a;?
. .�SWPPP. . . . LS. �53,250.00 1 � 53.230.00 YES 56% $ 1;755.00 S 87J5
Temporery VYeter . . .
,PoDulbNErosion Contml EST 540.000.00 1 Sy0.00o.00 YES 54% 3 21,600.00 S �1,080.0a
SeaGng:Fertilirin9.enA AC 56,500.00 22 ..
MulcNng � $74,900.00 NO $ - a .
TopSo➢A(torplantinB) CY $50.00 241 512,050.00 NO S • S -
Landscepinp LS 51.25 20000 525,000.00 NO 3 • $ .
-�_ Property Restoretion E3T S75 OOO 00 7 $15 000 00 NO S $ -
��r�,.-�–_–.'n—'-�--c^"- a r.__.✓;.,_v 3 t h �.�^a �. ..,. ,n� ,�.'N 'na�:Yrvd�.�:,'.�r� .? f;.�.-„ �r �?.;+5 3" , 4 "��.:..:.xt afA- �e Ea:.as. .t J..'�Aei '. '� d � � ..:.'.x'
�Sr;un �K i �.,,?.�k" StormwaUrMenahemelt! w �,.i'w.P .�'�^'i v t s.:. � t'��:d..�,...,'W4 t' s .�.._.__ r� � T'A 7. �r �c,-i^i 7'"'�v sa,.�p.�;�,y
Drainege-RRROW ' LS 528,000.00 1 526,OOO.W � NO S - S -
�rainege-M SVaet 15*0o fo
24+00 - �S g250,000.00 � 5250,000.00 YES 60% S 150,000.00 S 7,500.00
���Pond end Pump Station � .
� .StamwaterManagement� �S E389,000_00 � 3398,000.00 YES � - 52% S 208,980.00 S 10,3a8.00
;D�ainage-Relotat(on of Fitltting � . . . .. .
.Stam Mein in M SVeet(By- . LS 1 - ,
Fass) - 5868,000.00 . 5868,000.00 YES 100X 3 888,000.00 S 33,400.00
Drainage-Otlier Stoimwatar
Mena9@ment(4fh Streot,6th LS 7
SVeet) $32,000.00 $32,000.00 NO § . g _
L Mobilization LS 57�,351,08270 1 E�,357,082.70 YE9 a0% S 270,216.64 S 13,570.83
S
I PROJECi SUBTOTAL,ffEMS A•L . S74,B35,173.15 S - 5397,363.77
S -
11 RIGHT OF WAY COST S _
Full Acquisidons flntl Rebcations E3,849,482.00 NO �X $ - $ -
� Partial Acquiaitlona,Eesements,end Damages 5620,374.00 YES 17% S 68,258.54 S 3,412.83
III RIaHTOFWAYC08TSUBTOTAL 34.469,976.00 S - 53,472.83
S -
� N �PROJECTCOST�SUBTOTAL(REMSIanAllp 518,305.149.75 S - 3400,778.80
t -
V � •-ENGINEERING DESIGN ANO CONSTRUCTION MANAGEMENT g _
9ft3@01 P az C09 PM 6 of 7
__..._._ .. . .. .. .. ... .............. ........_.. . ................ ....._._._.. _ ....._.... .........._._ _..,...
EXFRBI'C G-PROdfiCT COST FST[MATE AND BNSP�FUNDCNG SHARE �
Summariied irreeYC Esdmate BNBF Cost Slmre
Is KBm
. Subjectw IfYea%or �
� EatlmatiA� �BNSf QTYSubjectto CostSubjectW
Item Numher Item Deacrlption- Unit �UnRCost �uanUtles .Item Cost ShaAng? BNSF Shering BNSF Shari� BNSF Shere(6%) . .
Engineedng Design . ' $2,547,389.00 YES 40y, 5 1,018.955.60 S � - 50,947.78
�CoreWUionManapementAn6petfioNSurvey(App'ox70%o1Su0tatell) � 57,500,000.00 YES 95X 5 525,000.00 §� 26,250.00
TOTAL PROJECT COST $23,352,538.15 $ - $ 477,874.38,
I
I
�
9/'��20Itat1:09PM 7of7 � � �
. . . . ............_.._._................................._- ._ —_____._....._'_.._ . _... -
y�Z�
Law Department Approved
EASEMENT AGREEMENT
FOR"M"STREET IN Al16URN,WA
Attachment to C&M Agreement I
THIS EASEMENT AGREEMENT FOR _ ('Easement Agreement") is made and
entered into as of the
� day of [�,p�y� 2011, ("Effective Date"), by and between BNSF RAILWAY
COMPANY, a Delaware corporation ("Grantor'), and THE CITY OF AUBURN; a municlpal corpora4ion
("Grantee"j.
A, Grentor owns or controls certain real property sftu8ted at or near the yicinity of Auburn, Bounty
of King;Stafe of V1lashington, at Mile Fost 101.95, [Project# (LS /fS 7 2 l, as described or depicted on
Exhibft"A"attached hereto and made a part heraof(the"Premises").
B. .1 Grantor and Grantee h:ave entered into that certain Construction and Maintenance Agreemen)
CIB�@CI fl$ Of NdqEwaL+O-r �1 , 2011, concerning improvements on or near the Premises (the "C&M
Agreement").
Q Grantee has requested that Grantor gtant to Grantae an easement over ihe Premises for tfie
Easement Purpoge(as defned below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms and condltions set
foAh in this Easement Agreemenk
NOW,THEREFORE, for and in consideration of the foregoing recitals whidh 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 Grantlnn of Easement.
1.1 Easement Puroose. The "Easement Purpose" shsll be for the purposes set torth in the C&M
/{qreement. My improvements to be consfruc4ed 'in connecfion wifh the Easement Purpose ere referred fo
herein as "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict
accordance with tFie terms of this Easement Agreement and the C&M Agreement.
1:2 Gran. Grantor does hereby grant unto Grantee a non-exclusive easement("Easement")wer
the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and
all resfrictions, covenants,.easements, licenses,permits, lea§es and other.encumbrances ofwhatsoever nature
whether or not of record, if any, relating to the Premises and subJect to all wlth aIl applicable federal, state and
local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders,
including Environmental Laws (deflned below) and zoning laws (collectively, "Laws"),. Grantee may not make
any alterations o� improvements or perform any mainlenance or repair activities within the Premises ezcept ln
accoMance with the terms and conditions of the C&M Agreement.
1.3 Reservatioos.by Grantoc Grantor ezoepts and reserves the right, to be exercised by Grsntor
and any other parties who may obtaln written permissbn orauthority from Graninr:
(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 facilitles or structures of like character (collectively, "Lines"j
upon, over, under or acrossthe Premises;
(b) to install, construct, maintain, renew, repair, replace, use, operate, change, modifyand
relocate any tr,acks or additiona(facilities or structures upon, over, under or across the
Premises; and
Porm 704;Rey.04i26/05
1
Law Department Approved
(c) to use the Premises in any manner as the Grantor in Its sole discretion deems
appropriate, provided Grantor uses all commercially reasonable efforts fo avoid meterial
interterence 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.
2:1 Grantee and Grantoragree fhat the just compensa4ion for tfie Temporary Easement represents
the purohase price for the first year of the Temporary Easemert term and fuAher agree that if the term of the
Temporary Easeinent extends beyond one year, the just compensatfon for the balance(if eny)of the Temporary
Easemenf term is and shall be zero and Nof100 Doilars($0.00).
Sec4lon 3 No Warrantv of Anv CondiHons of the Premises. Grentee acknowledges that Grantor has
made no represenlation whatsoever to Grantee conceming the state or cond(tion of the Premises, or any
petsonal.property located thereon, or ;he nature or extent of Grantor's ownership inJerest in the Premises.
Gran4ee has noY relfed on any statemenf or declaration of Grantor, orai or in wridng, as an inducement to
entering into this Easement qqreement, other than as set forth herein. GRANTOR HEREBY DISCLAIM§ANY
REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR
CONDITfON, 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 OFANYSOCH PROPERTY TO
ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S
CONTRACTQRS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON
OR. ¢ONSTITUTING 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"AN� "iNITH ALL FAULTS"CONDITION, AND SUBJEGT TO
ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has
inspected or will inspect tfie Premises, and enters upon Grantor's rail corPidor and property with knowledge of its
physical condiiion and the danger inherent in Grantor's rail operations on or near the Premisas. Grantee
acknowledges that this Easement Agreemenk does no4 contain any implied warrantles that Grantee or Grantee's
Contractors(as hereinafter defined)cen successfuliy construct or operate the Improvements.
Section 4 Nature o(C3rantor'a 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 Grenlee by
anyone owning or claiming tltle to or any interest in the Premises, or by the abandonment by Grantor of the
affected rail corridor,Grantor shail not be liable to refund Grantee any compensa8on paidhereunder.
SectEon 5 Imqrovements. Grantee shall take, in a timely manner, all actions necessary and proper to the
lawful establishment, constNorion, operation, and maintenance of the Improvements, inatuding such acllons as
may be necessary to obtain any required permits, approvats or authoriiafions from applicable goyernmental
authorities. Anyand all cuts and fllis, excavafions or embankmenGs necessary in the construcHon, maintenance,
or future alteration of the Improvements shali be made and mainfained 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 obstrucf fhe natural and pre-existing drainage from such lands and premises of
tFie GPanfor, the Grantee shall constNct and maintain such culverts or drains as may be requfsite to preserve
such natural and pre-existing drainage, and shall also wherever necessary, construG extensions of existing
drains, cutverts or ditches through or along the premises of fhe Grantor, such extensions to be of adequate
sectionat dimenslons to preserve the present flowage of drainage or other waters, and of materials and
woikmanship equally as good as those now existing. In tfie event any construction, repair, maintenance,avork o�
other use of the Premises by Orantee will affect any Lines, fences, buiidings, improvements or other faoilit(es
(collecfNely, "Other lmprovements"), Grantee will be responsible at Grantee's sole risk to loc@te and make any
adjustments necessary to such Other Improvements. Grantee must contacf the owner(s) of the Other
Improvements notifying them of any work.that may damage these Other Improvements and/or tnterfere with their
service and otitain the owner's written approval prior to so affecting the Other Improvements. Grantee must
mark all Other Improvements on ttie Plans and Spe.cifications and mark such Ottier improvements in the field in
Form 704;Rev.04/26/05
2
Law Department Approved
order to verity their locations. Grantee must also use all reasonable methods when working on or near Grantor
p�operty 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 antl to cut and
_.
remove or cause to be cut and removed at its soie expense all weeds and vegetation on said premises, safd
worK of culting and removai to be done at such times and with such frequency as to compiy wlth Grantee and
local laws and regulations and abate any and all hazard of fire.
Section B Texes and RecoMina Fees. Grantee shall pay when due any taxes, assessments or other
charges (collectively, 'Taxes'� levied or assessed upon the Improvements by any govemmental or quasi-
governrriental body or any Tazes leyied or assessed against Granto�o�the Premises that are attritiutable to the
Improvemen4s: Grantee agrees to purchase, affix and cancel any and ali documentary stamps in the amount
prescribed by statute, and to pay any and all required Vansfer 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 obiigat_ed to do so, Grantee shall tie liable for all cosls, expenses and Judgments to or against Grentor,
Including alI of Grantor's legal fees and expenses.
Section 7 EnVironmental.
7:1 Compliance with Environmenlal Laws. Grantee shall strictty comply wifh all federel, state and
local env"vonmental Laws in (ts use of the Premises, inbiuding, but not limited to, the Resource Conservation and
Recove.ry Act, as amentled (RCRA), the Clean Water Aot, the Oil Pollution Act, the Hazardous Materials
_. _
Transportation Act, the Comprehensive Environmental Responsa, Compensation and Liabiiity Act (CERG6A)
and the Toxic Substances Control Act(collectiveiy referred to as the"Envlronmental Laws"). Grantee shall not
maintain s "treafinent," "storage,""transfer' or"disposal" faciiiry, or"un8erground storage tank;'as those terms
are deTined by Enylronmental Laws, on the Premises. Granjee shall not handle, transport, release or suffer tlie
release of "hazardous waste" or "hazardous substarsces", as "hazardous weste" and "hazardous substances"
may now or in the future be defined by any Environmental Laws.
7.2 Notice of Release. Grantee shall give Grentor immediate notice to Graqtor's Resource
Operations Center at(800)832-5452 ofany release of hazardous substances on or from the Premises, vioiation
of Enyironmentai Laws, or inspeGion or inquiry by govemmental authorities charged with enforcing
Enyironmental 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 Giantee to investigate, remediate, respond to or otherwise cure such release
or violation.
7.3 Remediation of Reiease. in the event that Grantor has notice from Grantee or otherwise of a
reiease or violation of Enyironmenta( Laws which oocurred or may occur during the term of tfiis Easement
Agreement, Grantor may requfre GranEee, at Grentee's sole risk and expense, to take timety measures to
investigate, remediate, respond to or otheiwise cure such release or violation afFecting the Premises. lf during
the construction or subsequent maintenance of the Improvements, soils or other materials considered to tie
eirvironmentally contaminated are exposed, Grantee will remove and safely disposa of said contaminated soils.
Determination of soiis contamination and appiicabie disposal procedures thereof, will be made only by an agency
ha4ing the cepacEty and authori.ty to make such a determfna[ion.
7.q Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or
actWitles upon the Premises known to Grantee whlch'greate a �isk of harm to peFsons, prope[ty or the
environmeM and shall take whatever adion is necessary to prevent InJury to persons or property arising out of
such conditions or acHvities; provided, however, that G�antee's reporting to Grantor shall not reiieve Grantee o'f
any obligation whatsoeyer imposed on it by this Easement qq�eement. Grantee shail promptly respond to
Grantor's request for information regarding said condltions or actiGities.
7.5 Evidence of Compliance. Grantee agrees period'[cally to furnish Grantor with proof satisfactory
to Granto�that Grantee is in compliance with this Sectlon 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 Ea"serrient Agreement tiy serving five (5) days' notice of termination upon
Form 704;Rev.04RG/OS
3
Law Department Approved
Grantee. Upon termination, Grantee shall remove the Improvements and restore the Premises as prov(ded in
Section 8.
Section 8 Default and Termination.
8:1 G�antor's Performance Riahts. If at any tlme G�antee,or Grantee's Contractors, fails to properly
pertorm its obligation"s under tliis Easement Ag�eement, Grantor, in its sole discYetion, may: (i) seek specific
performance of the unperformed obligafions, 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 properiy, or to avoid or
remove any interference with the activltias or Property of Grantor, or anyone or anything Present on tlie rail
corridor or property with the authority or permission of Grantoc Grantge shall prompHy reimburse Grantor for ali
costs of work performed on Grantee's behalf upon receipt of an fnvolce for such costs. Grantor's failure to
perform any obligations of Grantee or Grantee's Contracto�s sfiail not aiter the IiabiBty ailocation set forth in tfiis
Easement Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easeinent Agreement tiy serving five
(5) days' notice in wiiting upon Grantee If Grantee should apandon or cease to use the Premises fot the
Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of fhe right to
terminate this Easement Agreement for any subsequenf deiault or defaults, nor sfiall any such waiver in any way
affect Grantor's abiliry to enforce any section of this Easeriient f�qr.eement. '
8.3 Effect of Termination or Expiration. Nefther termination nor expiration will release Grantee from
any liabifily or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts,
omissio�s or events happening piior to the date of termination'or ezpiration,or, if later, the date the Premises are
restored as required by SecHon 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 reinedies t6at Grantor rriay fiave.under tfie C&M Agreement,at law or in e'qu(ty.
Secfion 9 Sunender of Premises.
9.1 Remodal of Imorovements and.Restoration. Upon termination of tfifs Easement Agreement,
whefher by a6andonmenf of the Easement orby the exercise of Grantor's termfnation rights hereunder, Grantee
shall, at its sole cost and expense,within twelve(12) months of notification, perform Ehe following:
(a), remove aIi or such portion of Grantee's Improvements and ap,appurtenances
thereto from the Premises, asGrantor directs at Grentor's soie discretiorr,
(b) repair and restore any damage to the P�emises arising from, growing out of, or
connected with Grantee's use of ttie Premises;
(c) remady any unsafe cond(tions on the Premises created or agg�ayated tiy
Grantee; and
(d) leave the Prerimises in the condition which existed as pf the Effective Date.
92 Limited License for Entrv. 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 wfiich case C�antee
shall liaye a limited Iicense to enter upon 4he Prem(ses to fhe extent necessary to undertake the actions directed
by Grantor. The ferms of this limited license include all of Granfee's obligations under this Easement
Agreement. TerminaHon wi�l not release Grantee from any liability or ob3lgation under thls Easemeni Agreement,
wfielher of indemniry or otherwise, resulting from any acts, omissions or events happening prior to the date of
terminalion, or, if lajer, lhe date when Grantee's Improvements are removed and (he Premises are restored to
the condition fhat existed as of the Effective Date, If Grantee fails to surrender the Premisesto Grantorupon
any termination of the Easement, ali liabilities and obligations of Grantee hereunder shall continue in effect until
the Premises are surrendered.
Form 704;Rev.04/2G/OS
4
La�v Departmenj Approved
Sectton 70 Liens. Grantee shall promptly pay and discharge any and all liens arising out of ariy
construation, alteretions or repairs done, suffered or permitted to tie done tiy Grantee on the Premises or
altributable to Taxes that are the responsibility of Grantee pursuant(o Section 6. Grantor is hereby autliorized
to post any nofices or take any other action upon or wifh respecfto 4he Premises that is or may be permitted by
Law to prevent the attachment of any such Iiens to any portion of lhe Premises; provided, however, that failure of
Grantor to take any such action shall not relieye Grantee of any obligatbn or liatiiliiy under this 3ectlon 10 or any
other seclion of fhis Easement Agreement.
Section 11 Tax Exchanae. Grantor reserves the right to assign this Easement qqreement to Apex Properly
& Track Exchange, Inc. ("Apez"). Apex is a qualifred intermediary wiEhin the meaning of Section 1031 of the
Internal Revenue Code of 1886,as amended, and Treas. Reg.,§ 1.7031(k)-1(g), for the purpose of completing a
fax-deferred exchange under said Secfion 1031. Grantor shail bear all expenses associated with ihe use of
Apex, or necessary to qualify this transaction as a tax-deferred exchange, and, except as otherwise provided
herein, shall protect, reimbu�se, indemnify and fiold harmfess Grantee from and agairtst any and aii reasonable
and necessary addltlonal costs, expenses, including,aftorneys fees, and liabilities which Grantce may fncur as+a
result of Grantor's use of Apex or the qualification of this transaction as a tax-deferred transaction pursuant to
Seotion 1031. Grentee shall cooperate with Grentor witfi i�espect to this tax-deferred ezchange, end upon
Grantor's request, shall execute such documenJs as may be reGuired to effecl this tax-deferred exchange.
Sectlon 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 lhe C&M lLqreement. Notiqes to Grantor under thisEasement shall be
delivered lo fhe followfng address: BNSF Railway Gompany;Reai Estate Department,2500 Lou Mertk Drive, Ft.
Worth,TX 76131,Attn: Permits, or such other address as Grantor may from time to time direct by notice to
Grantee.
Sectlon 13 Recorda4ton. It ts understood and agreed that thfs Easement Agreement shall not be in
recordable form and shall not be piaced on public record and any such recording shall be a breach of this
Easement /{qreement. Grantor and Grantee shall execute a Meinorandurim of Easement in the form attacfied
hereto as Exhibit"B" (the"Memorandum of Easement")subject to clianges repuired,if any, to conform such
form to Iocai recording requirements. The Memorandum of Easement shall be 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 anil recoriie8 as described above within 90 days of tfie EffecfiJe Oate, Grantor shail have the right to
terminate this Easement qqreement upon notice to Grantee.
Seetion 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of pro4isions of this Easement
Agreement sha11 6e decided according to the substanfive Laws of the State of Washington without regard to
conflicts ot law provisions.
14.2 In ihe event tFiat Grantee consists o#two or more parties, all the covenants and agreements of
Grantee herein confained shall be fhe joint and several covenants and agreaments of such partfes. This
instrument antl all of the terms, covenants and provisions hereof shall inu�e to the benefit of and be binding upon �
each of the parties hereto and thetr respeotNe legal representatives, successors and assigns and shall run with
and be binding upon the Premises.
74:3 if any action at law or in equity is necessary to enforce or interpret the terms of this Easemanl
Agreement, the prevailing party or parties shall be enfftled to reasonable aBameys' fees, costs and necessary
disbursements in addifion to any other relieF to which such party or parties may be entitled.
14.4 If any provisfon of this Easement Agreement is held to be ilfegal, invalid orunenforceable under
present or future Laws, such provision wiil be fully severable a�d this Easement Agreement wlll be construed
and enforced as if such iilegal, invalid or unenforceable provision is not a pa�t hereof, and ttie remaining
Forni 704;Rev.04/26/05
5
Law Depe�tment Approved
p[ovislons hereof wili remaln in fuil force and effect. in fieu of any illegal, invalid or unenforceable provision
herein,there will be added automaticaliy as a part of thisEasement Agreement a provision as similar in its terms
to such illegal,invalid or unenforceable provision as may be possible and be legal,valEd and enforceable.
14.6 This Easement.f�qreement is the fuil and complete agreement between Grentor and Grantee
with respect to all matters relating to Grantee's use of the Premises, and supersedes arry and all other
agreements between the parties fiereto reiating to Grantee's u'se of the Premises as described hePefn. However,
nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and i
hoid Grantor harmless in any prior wri4terragreement between Ehe parties. i
14.6 Time is of the essence for the performance of tfiis Easement Agreement. i
147 The terms of the C&M Agreement are incorporated herein as iF fully set forth in this Instrument
whiqh terms shall be in fuli force and effect for purposes of this Easement eyen if the C&M Agreement is, for .
whatever reason, no longerin effect.
1Nitness the execufion of this Easement Agreement as of fhe date flrst set forth above.
(iRANTOR:
BNSF RA)L_ OMPANY,e Del re rporation *
By:
Narri .,a,l' ���' ,r���
Tnie: � _ gement
GRANFEE:
CITY OF _ _. , � a��oration
BY� - - -
Name: �s
Title: Hs�c.�
��
Form?04;Rev.04/26/OS
6
Law Department Approved
EXHIBIT"A"
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Le�v DepArtinent Approve¢
�XHIBIT"B"
MEMORANDUM OF EASEMENT
Exhibil"A"
JONES LANG
LASALLE.
TITLE & ESCROW SERVIGES
Direct(817)230-2611!Fex(817)306-8265
Toll Free: 1(866)498-6647 e#ension 2617
E-mall:cathy.benton c@am.jll_com
FED EX
December 9, 2011 RECEIVEp
City of Aubum �,� C/�,
dacobSweeting DEC 1 2 Z�p �' OF
25 West Main St. ��FA '9(fe
Aubum, wA saoo� �F `�s G9
(253) 804=5059 �`��' c1 �'��c'N
P�doc qb�ks p�,n,ne,w ��QJJ /C�
RE; Easement Agreement with the City of Aubum, Washington.
Dear M�. Sweeting: �
Congratulations, enclosed for your further handling pleas.e find BNSF Railw.ay Company's
Easement Agreement and Memorandum of Easement with the Ciry of Aubum dated December
8, 2011, granting the City a permanent easement and temoorarv e.asement for fhe construction
of improvements to M Street located in Aubum. Kina Countv. Washinaton.
After recording, please provide me with a copy of the recorded Memorandum Easement by
faxing direct to me at (312) 470-5218. If I can be of further assistance, feel free to contact me.
Jones Lang LaSalle Americas, Inc. is acting as representative for BNSF Railway Company
Sin ly,
atliy B a�"" J � G�ti --
Associ anager Title & Escrow
3017 L u Menk Dr., Ste 100
Fort Worth, Tezas 76131 '�`trf Qk��`�� QQ`��A�
Enc. J.�/d ,�
File: BNSF08719 6� � �
Cc: Jo.nes Lang LaSalle/T. Sharman, Seattle, WA � -
�/tSilo�i..� �z7�_
�tit �!r �V/T �
ICH/.4d _ � �
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