HomeMy WebLinkAbout5499ORDINANCE NO. 5 4 9 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING BURLINGTON NORTHERN SANTA FE
RAILWAY FUNDS AS PROVIDED IN THE CONSTRUCTION AND
MAINTENANCE AGREEMENT BETWEEN THE CITY AND THE
BURLINGTON NORTHERN SANTA FE RAILWAY FOR PR 562, SOUTH 277T"
STREET RECONSTRUCTION PROJECT AND APPROVING AN
AMENDMENT REVISING ARTICLE III OF SAID AGREEMENT.
WHEREAS, the City Council of the City of Auburn must adopt and
approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby
approves the expenditure and appropriation of Burlington Northern Santa Fe
Railway Funds in the amount of $1,200,000 for construction of a grade
separated crossing on South 27Th Street. The Mayor and City Clerk are
hereby authorized to execute the Construction and Maintenance Agreement
between the City and the Burlington Northern Santa Fe Railway approving said
Agreement, a copy of which is attached hereto as Exhibit "1" and is
incorporated herein by reference. The Mayor and City Clerk are also
authorized to approve and execute the amendment revising Article III of said
Agreement, a copy of which is attached hereto as Exhibit "2" and is
Ordinance No. 5499
January 11, 2001
Page 1
incorporated herein by reference, and any future supplemental agreements
thereto required for completion of phases of the project, including but not
limited to design, right-of-way, and construction.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. This ordinance shall take effect and be in force five (5) days
from and after its passage, approval, and publication, as provided by law.
Ordinance No. 5499
January 11, 2001
Page 2
INTRODUCED: January 16, 2001
PASSED: January 16, 2001
APPROVED: January 16, 2001
CHARLES A. BOOTH
MAYOR
ATTEST:
Da ielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published: , / 2-n2Ua/
Ordinance No. 5499
January 11, 2001
Page 3
CONSTRUCTION AND MAINTENANCE AGREEMENT
SOUTH 277TH STREET OVERHEAD HIGHWAY BRIDGE (R.R. MP 18.22)
AUBURN, WASHINGTON
RAILWAY Contract NO. _
File No
THIS AGREEMENT, made this day of , 2000, between THE BURLINGTON
NORTHERN AND SANTE FE RAILWAY COMPANY, a corporation, hereinafter referred to as the
"Railway", and CITY OF AUBURN, WASHINGTON, a municipal corporation, hereinafter referred to as
the "Agency".
RECITALS:
WHEREAS: the Seattle Subdivision is currently owned and operated by the Railway; and
WHEREAS: existing South 277th Street crosses the Railway at an existing "at-grade" crossing located at
RR Sta. 650+59, RR MP 18.22 in Auburn, and
WHEREAS: in the interest of aiding motor vehicle and railway traffic the Agency is proposing to replace
the "at-grade" crossing by constructing a new roadway bridge overcrossing and alignment.
WHEREAS: the centerline of the new roadway bridge and roadway alignment will cross the Railway's
right of way and tracks at RR Sta 650+59, RR MP 18+1175 (18.22), 277th Sta. 51+ 47.51, as shown on
the map marked as Exhibit "E" attached hereto and by reference, made a part hereof, and
WHEREAS: the Agency will require construction and maintenance easements from the Railway for the
project which is located in the SE 1/4 of the NE 1/4 of Section 36, Twp. 22 N., Rge 4 E., WM as shown on
the map marked Exhibit "E", and
WHEREAS: the Railway will be required to perform certain work on its facilities, and
WHEREAS: the parties hereto desire that the work to be performed by the Agency in connection with
said construction be performed in accordance with plans and specifications to be prepared by the
Agency, and
WHEREAS: the Agency is willing to undertake the construction of said project with Agency, state, federal
and local funds and funds from the Railway consistent with 23 CFR 646.210(b)(3), and
WHEREAS: the Railway is willing to consent to the execution of the said project upon the terms and
conditions herein stated and not otherwise, and
WHEREAS: the parties hereto desire to contract for work to be performed by each of them in connection
with this project and the payment of costs and expenses therein involved, and
\\AUBURN2\BUILDING\Scott-Proj\PR562\Agreemenu\BNSF Crossing Agreements\BNSF CMA PKG\BNSFCMA.doc
ARTICLE I
AGREEMENT:
NOW THEREFORE, in consideration of the covenants of the Agency hereinafter contained, and faithful
performance thereof, Railway agrees:
The Agency shall finance the project from available City, State, Port, Federal, Local and.Railway
funds.
In accordance with 23 CFR 646 B, which by this reference is incorporated in this agreement, the
RAILWAY will receive certain ascertainable benefits from said project and, therefore, will be
required to contribute to the cost of said project.
In consideration for the closure of the grade crossing, the Railway will contribute 5% of the project
costs consistent with 23 CFR 646.210(b)(3). Based on the Project Cost Estimate, the Railway's
share is determined to be $ 1,200,000.
The Agency shall prepare and submit progress project costs and the Railway shall tender payment
within sixty days after the receipt of a billing from the Agency, according to the following schedule.
a) Award of Contract by Agency (March, 2001) $ 400,000
b) Project at 50% completion (March, 2002) $ 400,000
c) Project completion (March, 2003) $ 400,000
During construction, the Agency will make all direct payments to its prime contractor.
3. For and in consideration of $ 52,217.00, less the value of the quitclaim from the Agency, the
Railway shall grant to the Agency by separate instrument the following.
(a) A Crossing Easement of 9,450 square feet, more or less, for overhead bridge purposes over,
through, and across the Railway's right-of-way outlined in red, including access rights and
surface easement rights for maintenance and construction of the bridge structure and 12-inch
waterline as shown on Exhibit "E".
(b) A Temporary Surface Easement of 15,164 square feet, more or less, for wall construction as
shown on Exhibit "E" colored blue.
The Agency shall quitclaim to the Railway the existing easement area of 3,530 square feet, valued
at $ 12,708.00 for the former "at-grade" roadway of So. 277th Street, as shown colored in orange on
Exhibit "E" attached.
The Agency shall convey the amount of $ 39,509 .00 ($ 52,217.00 less $ 12,708.00) to the Railway
at such time as the easements have been recorded in King County.
Upon the execution of this Agreement the Agency is hereby granted a right-of-entry onto the
Railway's property as shown on Exhibit "E", attached, outlined in green and is authorized to
commence construction work for said project subject to requirements of this agreement.
4. To furnish all labor, materials, tools, and equipment, and do "Railroad Work" required due to the
construction of the Project, such railroad work and the estimated cost thereof being as shown in
Exhibit "B" attached hereto and made a part hereof. In the event that construction of the Project
has not commenced within six (6) months from the effective date of this Agreement, Railway may,
in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit "B". In such
case, Railway shall provide to the Agency its revised cost estimates highlighting all changes that
are made. Any item of work incidental to those items listed in Exhibit "B", but not specifically
mentioned therein, may be included as part of this agreement as an item of work upon written
approval of Agency, if practicable.
The Railway may submit progress bills to the Agency during the progress of the work for the actual
cost of services and expenses. The Agency will then pay progress bills within 30 days after receipt
of a properly submitted bill. If the billing is disputed for any reason, the Agency will promptly notify
the Railway and will pay
any undisputed amount.
The Railway and the Agency shall maintain records regarding the work performed and the costs
and expenses incurred by the parties for the project in accordance with generally accepted
accounting principles and practices. Said records shall be made available to the other party, or for
Agency, or federal audit, upon request during normal business hours, for a period of three years
after the final payment.
Construction of the Project shall include the following work by Railway:
(a) Preliminary engineering, design, and contract preparation;
(b) Place 136TF of timber planking material for temporary protection of the tracks during
construction. Place 80' temporary plank crossing. Furnish and place all associated fastenings,
hardware, etc. (Agency to provide plank material).
(c) Furnishing of such watchmen and flagmen as may be necessary for the safety of its property
and the operation of its trains during construction of said Project; and
(d) Remove grade crossing signals, gates, and controller and transport them to a local storage
location as directed by the Agency.
(e) Furnishing of engineering and inspection as required for construction of said Project.
5. To do all work provided in Article I, Section 4 above with its own employees working under Railroad
Labor Agreements or by contractor(s), if necessary, and on an actual cost basis.
6. Agency agrees to reimburse Railway for work of an emergency nature caused by Agency or
Agency's contractor, in connection with the Project which Railway deems is reasonably necessary
for the immediate restoration of railroad operations, or for the protection of persons or Railway
property. Such work may be performed by Railway without prior approval of Agency and Agency
agrees to reimburse Railway for all such emergency work.
7. To submit to Agency for payment upon completion of the Project, a detailed statement covering the
cost of the work performed by Railway, segregated as to labor and materials, and in accordance
with and subject to the terms and provisions of Federal Highway Administration's FHPM 143, as
amended. All applicable portions of the Federal Highway Administration's FHPM 662.1 as
amended and FHPM 143 as amended are by reference incorporated herein and made a part
hereof.
ARTICLE 11
IN CONSIDERATION of the covenants of Railway herein set forth and the faithful performance thereof,
Agency agrees as follows:
1. To furnish to Railway plans and specifications for the Project. Four sets of said plans, together with
two copies of specifications, shall be submitted to Railway for approval prior to commencement of
construction. After having been approved by both parties hereto, said plans and specifications are
hereby adopted and incorporated into this agreement by reference.
2. To provide for and maintain minimum vertical clearances as shown on Exhibit "C".
3. To acquire, at no cost to Railway, all rights of way necessary for the construction of the Project.
4. To make any and all arrangements to secure the location or relocation of wire lines, pipe lines and
other facilities owned by private persons, companies, corporations, political subdivisions or public
utilities other than BNSF which may be found necessary to locate or relocate in any manner
whatsoever due to the construction of the project.
To construct the Project as shown on Exhibit "C" and do all work provided for in the plans and
specifications for the Project, except such work that Railway herein agrees to do. Principal elements
of work to be performed by Agency in the construction of the Project are as follows:
(a) Construct the So. 277th Street bridge and associated appurtenances.
(b) Provide adequate drainage of the overhead structure away from the Railway's tracks and protect
track drainage to the satisfaction of the Railway.
(c) Provide 136TF of 7 '/z' thick planking for the temporary protection of the tracks during
construction. Provide 80' temporary plank crossing. Railway to install planking and remove after
construction is complete.
(d) After consulting with and authorization from the Railway's Roadmaster, the Agency may construct
security fencing between track and the work site. This fence may be installed to prevent project
personnel or equipment from entering within 25' of the centerline of the Railway's tracks.
(e) Except as otherwise provided herein, furnish all plans, engineering, supervision, labor, material,
supplies, and equipment necessary for construction of the project.
(g) Perform all other work not specifically mentioned as work to be performed by the Railway
necessary to complete the project in accordance with the plans and specifications.
6. To furnish all labor, materials, tools, and equipment in performing the work it agrees to perform
herein. All work of construction with respect to said Project shall be undertaken by Agency, or
Agency's contractor and shall be performed at such times as shall not endanger or interfere with the
safe and timely operations of Railway's track and other facilities.
7. To require its contractor(s) to notify Railway's Roadmaster at least 30 calendar days in advance of
commencing work on Railway property or near Railway's tracks, when requesting a Railway flagman
in accordance with the requirements of "The Right of Entry Agreement" attached hereto, in order to
protect Railway from damage to its trains and property.
8. To require its contractor(s) to furnish Railway's Manager of Public Projects, for approval, four copies
of plans and two sets of calculations of any shoring or cribbing proposed to be used over, under, or
adjacent to Railway's tracks.
9. The Agency agrees to include the following provisions in its contract with a contractor performing
work on said Project.
(a) Fiber optic cable systems owned by various telecommunication companies may cross or run
parallel in Railway's rail corridor. The Contractor shall be responsible to contact Railway and/or
the telecommunications companies to determine whether there are any fiber optic cable systems
located within the Project boundaries that could be damaged or their service disrupted due to the
construction of the Project. The contractor shall also pothole all lines either shown on the plans
or marked in the field in order to verify their locations. The contractor shall also use all
reasonable methods when working in the Railway rail corridor to determine if any other fiber optic
lines may exist.
(b) Failure to notify, pothole or identify these lines shall be sufficient cause for the Agency Engineer
to stop construction at no cost to the Agency or Railway until these items are completed. Costs
for repairs and loss of revenues and profits due to damage to these facilities through negligent
acts by the contractor shall be the sole responsibility of the contractor. The contractor shall
indemnify and hold the Agency and the Railway harmless against and from all cost, liability and
expense arising out of or in any way contributed to these negligent acts of the contractor.
(c) The telecommunication companies shall be responsible for the rearrangement of any facilities
determined to interfere with the construction. The contractor shall cooperate fully. with any
company performing these rearrangements.
10. To also incorporate in each contract for construction of the Project, or the specifications therefor, the
provisions set forth in Article 11, Sections 6, 7, 8, 9, 11, (a) and 12 (b), and in Article III, Sections 3, 4,
10, and 11, and the provisions set forth in the "Right-of-Entry Agreement" attached hereto and by
reference made a part hereof.
11. That, except as hereinafter otherwise provided, all work to be performed hereunder by Agency in the
construction of the Project will be performed pursuant to a contract or contracts to be let by Agency,
and all such contracts shall provide.
(a) That all work performed thereunder, within the limits of Railway's right of way shall be performed
in a good and workmanlike manner, and in accordance with plans and specifications approved
by Railway. Those changes or modifications during construction that affect safety or Railway's
operations shall also be subject to Railway's approval;
(b) That no work shall be commenced within Railway's right of way until each of the contractors
employed in connection with said work shall have (i) executed and delivered to Railway an
Agreement in the form of "The Right-of-Entry Agreement" delivered to and secured Railway's
approval of the insurance required by said "Right-of-Entry Agreement".
12. (a) Railway shall have the right to request that any Agency employee, any Agency contractor, or any
employee of a Agency contractor who performs any work within Railway's right of way and which
affects Railways operations or facilities, be removed from the Project for incompetence, neglect of
duty, unsafe conduct or misconduct. In the event Agency or its contractor elects not to honor
such request, Railway may stop work within its right of way until the matter has been fully
resolved to Railway's satisfaction. The party whose employee has been asked to leave the
Project will indemnify the requesting party against any claims arising from such removal.
(b) Agency's employees, agents, contractors, representatives and invitees shall wear the current
BNSF Personnel Protective Equipment ("PPE") when on the Railway's rail corridor. Railway PPE
shall meet applicable OSHA and ANSI specifications. Existing Railway PPE requirements are: (1)
safety glasses; permanently affixed side shields; no yellow lenses; (ii) hard hats with high visibility
orange cover; (iii) safety shoes with hardened toe, above the ankle lace up and a defined heel;
and (iv) high visibility reflective orange vests. Hearing protection, fall protection and respirators
will be worn as required by state and federal regulations.
13. To advise Railway's Manager Public Projects, in writing, of the completion date of the Project within
thirty (30) days after such completion and to notify Railway's Manager Public Projects, in writing, of
the date on which Agency and/or its Contractor will meet with Railway for the purpose of making final
inspection of the Project.
ARTICLE III
IN CONSIDERATION of the premises, it is mutually agreed as follows:
That all work contemplated in this agreement shall be performed in a good and workmanlike manner,
in accordance with plans and specifications approved by BNSF, and each portion shall be promptly
commenced by the parties hereto obligated to do the same and thereafter diligently prosecuted to
conclusion in its logical order and sequence. Furthermore, any changes or modifications during
construction that affect Railway shall be subject to approval by Railway prior to commencement of
such changes or modifications.
o.
2. That such work shall be done in accordance with detailed plans and specifications approved by both
parties.
3. Agency and Railway shall to the extent reasonably practicable adhere to the construction schedule
for all Project work. The parties agree that Railway's failure to complete Railroad work in accordance
with the construction schedule by reason of inclement weather, unforeseen railroad emergencies, or
other conditions beyond its reasonable control, will not constitute a breach of this Agreement by
Railway nor subject Railway to any liability or responsibility for added expense to the Agency.
4. In the event of an unforeseen railroad emergency and regardless of the requirements of the
construction schedule, Railway reserves the right to reallocate all or a portion of its labor forces
assigned to perform the Railroad Work when Railway believes such reallocation is necessary to
provide for the immediate restoration of railroad operations of Railway or its affiliates or to protect
persons or property on or near any Railway owned property or any related railroad. Railway will
reassign such labor forces to again perform the Railroad Work when, in its sole but good faith
opinion, such emergency condition no longer exists. Railway will not be liable for any additional costs
or expenses of the Project resulting from any such reallocation of its labor forces. The parties further
agree that such reallocation of labor forces by Railway and any direct or indirect results of such
reallocation will not constitute a breach of this Agreement by Railway.
i. That if any Agency Contractor shall prosecute the Project work contrary to the Plans and
Specifications or if any Agency Contractor shall prosecute the Project work in a manner Railway
deems to be hazardous to its property, facilities or the safe and expeditious movement of its traffic, or
the insurance described in "The Right-of-Entry Agreement" here of shall be canceled during the
course of the Project, the Railway shall have the right to stop the work until the acts or omissions of
such Agency Contractor have been fully rectified to the satisfaction of Railway's Division Engineer, or
additional insurance has been delivered to and accepted by Railway. Such work stoppage shall not
give rise to or impose upon Railway any liability to Agency, or to any Agency Contractor. The right of
Railway to stop the work is in addition to any other rights Railway may have which include, but are not
limited to, actions for damages or lost profits. In the event that Railway shall desire to stop work,
Railway agrees to give immediate notice thereof in writing to those individuals set forth in Section 22
of this Article III.
3. The Agency shall supervise and inspect the operations of all Agency contractors to assure
compliance with the plans and specifications, the terms of this agreement and all safety requirements
of Agency. If at any time during construction Agency determines that proper supervision and
inspection is not being performed by Agency personnel, Agency shall have the right to stop
construction (within or adjacent to its operating right of way) and to request that the Agency correct
the situation before construction is allowed to proceed. If Railway believes the situation is not being
corrected in an expeditious manner, Railway shall immediately notify the Agency so that the Agency
can take appropriate corrective action.
7. The Project shall not be commenced by Railway until AgenZqhe?Project sued Railway a "Notice to
Proceed". Agency's Contractor shall not commence constructiountil the Agency shall
have given not less than thirty (30) days prior written notice to Manager of Public Projects
which notice shall state the time that Agency's Contractor plans to begin construction of the Project.
Each notice shall make reference to Railway's file name: Auburn, WA. -- So. 277th Street OHB
construction .
8. The construction of said Project shall be performed and effected in such a manner as not to interfere
with the safe and timely operation of locomotives, trains, cars and on track maintenance equipment,
over Railway's tracks.
9. After completion of the construction of the Project as hereinabove described:
(a) Railway will, at its sole cost and expense, own and maintain its roadbed, tracks, railroad
drainage, and all other railroad facilities.
(b) Agency will own and, at its sole cost and expense, maintain the Structure, the highway
approaches, and appurtenances thereto, lighting and drainage. The Agency may enter an
agreement with the Washington State Department of Transportation for the purpose of having
WSDOT do some or all work associated with maintenance of the overhead structure.
10. Before entering upon Railway's right of way for maintenance purposes, Agency shall notify Railway's
Manager Public Projects to obtain prior authorization, and, If work is contracted, Agency will require
its contractor(s) to comply with the obligations in favor of Railway, set forth in the "Right -of-Entry
Agreement" as may be revised from time to time, and accepts responsibility for compliance by its
contractor(s).
11. Agency shall indemnify and save harmless Railway, its agents and employees, against all liability,
claims, demands, damages, or costs for (a) death or bodily injury to persons including, without
limitation, the employees of the parties hereto, (b) injury to property including, without limitation, the
property of the parties hereto, (c) design defects, or (d) any other loss, damage or expense arising
under either (a), (b) or (c), and all fines or penalties imposed upon or assessed against Railway, and
all expenses of investigating and defending against same, arising in any manner out of (1) activities,
use, or presence, or negligence of Agency, or Agency's employees, or Agency's contractors,
subcontractors, agents, invitees or any of their employees, in, on, or near Railway's right of way, or,
(2) The performance, or failure to perform, by the Agency, its contractors, subcontractors, or agents,
its work or any obligation under this agreement..
12. The Railway reserves the right to make modifications or additions to its facilities within the limits of its
right of way subject to applicable laws, rules or regulations, provided that the usefulness of the
overcrossing for the purpose of separating highway and railroad traffic shall not thereby be impaired
and reasonable notice of significant changes affecting the roadway is given to the Agency.
13. The following activities or improvements are potentially harmful to the bridge when completed. The
conditions and prohibitions listed below shall be included in the Crossing Easement noted in Section
2 of this Agreement.
CONDITIONS OF ACTIVITIES THAT ARE CONSIDERED TO BE POTENTIALLY HAZARDOUS
OR DETRIMENTAL TO THE BRIDGE STRUCTURE
(a) No attachments, drilling or welding to any portion of the bridge shall be permitted without
approval by the Agency.
(b) No structure, excavation or embankment closer than eight feet (8') to the perimeter of any
pilings and footings shall be permitted without the written approval of the Agency.
(c) Manufacture of flammable, explosive or hazardous materials under the bridge, or any
occupation, which is a hazard to the highway or non-highway users, shall be prohibited.
(d) Permanent storage of flammable liquids or explosives under the bridge shall not be
permitted.
14. The Agency will not do, or permit anything within the easement area which will interfere with or
endanger the facilities or operations of the Railway. The Agency further agrees that the minimum
vertical clearance from the bottom of the bridge to the top of the rail will not be reduced to less than
24 feet 0 inches. The minimum horizontal and vertical clearances for construction shall be as shown
on the approved plans. The Railway shall not intentionally do, nor permit, anything that will interfere
with or endanger roadway facilities or vehicular traffic using the overcrossing.
15. If the highway overcrossing shall at any time cease to be used by the public as a highway overpass,
or shall by operation of law or otherwise become vacated or abandoned, the rights and benefits to the
Agency under this Agreement shall immediately cease and the Railway shall be entitled to repossess
the land to which it has executed easements to the Agency and to use the land thereafter as if this
Agreement had never been executed, without the necessity of any further legal proceedings.
16. Either party hereto may assign any receivables due them under this Agreement provided, however,
such assignments shall not relieve the assignor of any of its rights or obligations under this
Agreement. No modification or amendment to this Agreement shall be valid until the same is reduced
to writing and executed with the same formalities as were attendant to this Agreement.
17. This Agreement shall be interpreted in accordance with the laws of the State of Washington.
18. If the Railway enters into a contract or agreement with a contractor to perform any of the work, which
the Railway is required to perform under the terms of this Agreement, the Railway, for itself, its
assigns and successors in interest, agrees that it will not discriminate in its choice of contractors and
will include all the nondiscrimination provisions set forth in Exhibit "D" attached hereto and by this
reference made apart of this Agreement, in any such contract or agreement.
19. The covenants and provisions of this Agreement shall be binding upon and insure to the benefit of the
successors and assigns of the parties hereto, except that no party may assign any of its rights or
obligations hereunder without the prior written consent of the other party.
20. In the event that construction of the Project has not begun for a period of three years from the date of
this agreement, this agreement shall become null and void.
21. This Agreement cancels and supersedes any preceding agreements pertaining to said crossing.
22. Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently
given when sent by certified mail, return receipt requested, to the parties at the following addresses:
The Burlington Northern
And Santa Fe Company:
John M. (Mike) Cowles
2454 Occidental Avenue So., Suite 1-A
Seattle, WA. 98134-1451
Telephone No. (206) 625-6146
Telecopy No.: (206) 625-6115
With a copy to: Division Engineer
2454 Occidental Ave. So. - Ste 1-A
Seattle, WA. 98134
Telephone No. (206) 625-6363
Telecopy No. (206) 625-6265
Roadmaster
605 Puyallup Avenue
Tacoma, WA. 98421
Telephone No. (253) 591-2563
Telecopy No. (253) 591-2627
AUBURN, WASHINGTON Scott Nutter
Project Engineer
25 West Main Street
Auburn, WA. 98001-4998
Telephone No. (253) 804-5068
Telecopy No. (253) 931-3053
This Agreement shall insure to the benefit of and be binding on the parties hereto, their successors and
assigns.
IN WITNESS WHEREOF, County has caused this Agreement to be executed and witnessed by its duly
qualified and authorized officials, and BNSF has executed this Agreement, both as of the day and year
first above written.
APP VE A8 TO FORM 1) 1-7 1 0Z5
Burlinoon Northern Santa Fe Law I)Wart rSd
APPROVED AS TO FORM
Title: City Attorney
THE BURLINGTON NORTHERN AND
SANT FE RAILWAY OMPANY
' `?
By
Vice Preside Engineering & Mechanical
AUBURN, WASHINGTON
B
Y
Title - Mayor
EXHIBIT "A"
STATEMENT OF CONDITIONS WHEN FLAGGERS, PROTECTIVE SERVICES
AND DEVICES WILL BE FURNISHED BY THE RAILWAY
RAILWAY flaggers, protective services, and devices will be furnished but not limited thereto for the following
conditions:
(1) When in the opinion of the RAILWAY protection is necessary to safeguard the RAILWAY's trains, engines,
facilities, and property.
(2) When any work is performed over or under within 25' of any tracks or any RAILWAY facilities not protected by
approved security fencing.
(3) When work in any way interferes with the operation of trains at usual speeds or threatens, damages or
endangers tracks or RAILWAY facilities.
(4) When any hazard is presented to RAILWAY communications, signal, electrical, or other facilities either due to
person, material, equipment, or blasting in the vicinity.
(5) Where or when material is being hauled across tracks. Special clearance must be obtained from the RAILWAY
before moving heavy or cumbersome objects and equipment which might result in making the track impassable.
COST OF FLAGGING AND OTHER PROTECTIVE SERVICES AND DEVICES
(a) (b)
NUMBER CLASSIFICATION
(c)
BASE PAY
(d)
HEADQUARTERS
Sectionmen
NOTES:
$17.00/HOUR/
8-hour day plus
additives.
Tacoma, WA.
(a) A full flagging crew generally consists of up to three men. Under certain conditions more than three men may be
required or a lesser number maybe sufficient. However, additional personnel, such as communications linemen
and/ or signalmen may be used to protect communications and signal facilities, if deemed necessary by the
RAILWAY.
(b) The classification is shown solely for the prospective bidder's information, and there is no guarantee that the
above classes of labor will actually be used or that the rates of pay shown in Column (c) will be those in effect at
the time the work is undertaken.
(c) Shows base pay rate per man per hour for normal eight-hour shift in effect March, 1999.
(d) In addition, protective devices, such as crossing signals, indicators, telltales, lights, telephone, etc., may be
required. In this connection telltales may be installed by the RAILWAY, at its option, as a condition of its
approval of any proposed restrictions of vertical clearance during construction to less than 22-1/2 feet.
(e) It shall be the duty and responsibility of the STATE and its Contractors to notify the RAILWAY at least seventy-
two (72) hours in advance of when flaggers or other protective services and devices are required.
RAILWAY Contact
Mr. Wayne Lonnegren, Roadmaster
Tacoma, WA
Phone (253) 591-2563
Cellular (253) 484-4558
(f) To all direct labor costs there shall be additional charges for Vacation Allowance, Health and Welfare, Railroad
Retirement and Unemployment Taxes; Public Liability, Property Damage and Workmen's Compensation
Insurance; and accounting and billing. For estimating purposes only, these additives collectively may be
considered as approximating 151 % of direct labor costs.
EXHIBIT "B"
Estimated "RAILWAY WORK"
• Install Timber Planking at LS RR MP 18+1175 (MP 18.22)
DESCRIPTION QUANTITY Ulm COST TOTAL
LABOR
Place Private Crossing 320.00 MH 5,028
Remove Temp. Crossing 128.00 MH 2,012
Payroll Associated Costs 3,902
Equipement Expenses 1,260
Supervision Expenses 4,410
Insurance Expenses 1,055
TOTAL LABOR COST 17,667 17,667
MATERIAL
TOTAL MATERIAL COSTS - -
OTHER
TOTAL OTHER ITEMS COSTS - -
PROJECT SUBTOTAL 17,667
CONTINGENCIES 1,261
BILL PREPARATION FEE 95
GROSS PROJECT COST 19,023
LESS COST PAID BY BNSF -
TOTAL BILLABLE COST 19,023
Remove Highway crossing cantilevers and gates due to grade separation, Burlington will remain in place to
house aux. circuitry for adjacent crossings. This estimate reflects typical, representative packages used for
estimating purposes only. Detailed and accurate material lists will be furnished when engineering is completed.
Continuing contracts have been established for portions of signal work on BNSF Railway.
DESCRIPTION QUANTITY Ulm COST TOTAL
LABOR
Electrical Labor 57.00 MH 1,086
Signal Field Labor 200.00 MH 3,708
Payroll Associated Costs 2,657
Equipement Expenses 857
Supervision Expenses 3,003
Insurance Expenses 718
TOTAL LABOR COST
MATERIAL
TOTAL MATERIAL COSTS
OTHER
Contract Engineering
Equipement Rental
Fill
TOTAL OTHER ITEMS COSTS
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE .
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST
TOTAL ESTIMATED COSTS
12,029 12,029
0 0
1.00 EA 1,500
1.00 EA 2,375
20.00 CY 500
4,375 4,375
16,404
1,640
91
18,135
0
18,135
$ 37,158
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EXHIBIT "D"
Nondiscrimination Provisions of Title VI of the Civil Rights Act of 1964
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter
referred to as the "Contractor"), agrees as follows:
1 Compliance with Regulations: The Contractor will comply with the regulations of the Department of
Transportation relative to nondiscrimination in federally-assisted programs of the Department of
Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"),
which are herein incorporated by reference and made a part of this contract.
2 Nondiscrimination: The Contractor, with regard to the work preformed by it after award and prior to
completion of the contract work, will not discriminate on the ground of race, color or national origin in the
selection and retention of subcontractors, including procurements of materials and leases of equipment.
The Contractor will not participate either directly of indirectly in the discrimination prohibited by section 21.5
of the regulations, including employment practices when the contract covers a program set forth in
Appendixes "A", "B", and "C".
3 Solicitation for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either
by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,
including procurements of materials or equipment, each potential subcontractor or supplier shall be notified
by the Contractor of the Contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the ground of race, color or national origin.
4 Information and Reports. The Contractor will provide all information and reports required by the Regulations
or orders and instructions issued pursuant thereto, and will permit access to its goods, records, accounts,
other sources of information, and its facilities as may be determined by the State Highway Department or the
Federal Highway Administration as appropriate and shall set forth what efforts it has made to obtain the
information.
5 Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination
provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the
Federal Highway Administration may determine to be appropriate, including, but not limited to;
a) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or
b) Cancellation, termination, or suspension of the contract, in whole or in part.
6 Incorporation of Provisions. The Contractor will include the provisions of paragraphs (1) through (6) in every
subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, order or instructions issued pursuant thereto. The Contractor will take such action with respect
to any subcontract or procurement as the State Highway Department or the Federal Highway Administration
my direct as a means of enforcing such provisions including sanctions for noncompliance; Provided,
however, that, in the event a Contractor becomes involved in or is threatened with litigation with a
subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into
such litigation to protect the interests of the State, and , in addition, the Contractor may request the United
States to enter into such litigations to protect the interests of the United States.
'PROHIBITION OF DISCRIMINATION ON THE BASIS OF SEX.
SEC. 162, (a) Chapter 3 of Title 23, United States Code, is amended by adding at the end thereof the following new
section:
"5324, Prohibition of discrimination on the basis of sex.
No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal assistance under this title or carried on under this title.
This provision will be enforced through agency provisions and rules similar to those already established, with respect
to racial and other discrimination, under Title VI of the Civil Rights Act of 1964. However, this remedy is not exclusive
and will not prejudice or cut off any other legal remedies available to a discriminatee."
2
51
277 STA. 50+97.41, 62.50' LT /
277 STA. 50+97.46, 42.50' LT
KING COUNT Y
- - - - - - - - - - - - - - -
C I T Y OF A U B U R N
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'REALIGNED' SOUTH 277TH STREET S89'12'24"E
277 STA. 50+97.67, 51.00' RT
R/W
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SLOPE/DRAINAGE/LANDSCAPE EASEMENT
--------------------------
(27)
COLORADO PARK 277 CORP.
664960-0010
LEGEND
OVERHEAD BRIDGE a?
CROSSING EASEMENT
OUTLINE (9,450 SF)
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FOR CONSTRUCTION OUTLINE
TEMPORARY SURFACE EASEMENT
FOR BRIDGE AND RETAINING
WALL CONSTRUCTION
(15,164 SF)
QUITCLAIM OF EXISTING
AT-GRADE N0 EASEMENT BY Y CITY
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(8,580 SF)
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City of Auburn
PUBLI IRORKS DEPARTMENT
EXHIBIT E
SOUTH 277th STREET
BNSF SURFACE & CROSSING EASEMENTS
OCTOBER zoos
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Exhibit "F"
Sample Right-of-Entry Agreement
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT.
FOR CONSTRUCTION PROJECTS ON OR ADJACENT TO PROPERTY OF
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
Gentlemen:
The undersigned, hereinafter referred to as Contractor, has entered into a Contract dated
_, 2000, with Auburn, Washington ("City") for the performance of certain work in connection with
the project. The construction of the South 277' Street Overhead Bridge Crossing and related
appurtenant structures in the performance of which work the Contractor will necessarily be required to conduct
operations within THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY ("Railway"), right of
way and property ("Railway Property"). The Contract provides that no work shall be commenced within Railway
Property until the Contractor employed in connection with said work for State executes and delivers to Railway an
Agreement, in the form hereof, and shall have provided insurance of the coverage and limits specified in said Contract
and Section 2 of this Agreement. If this Agreement is executed by other than the Owner, General Partner, President or
Vice President of Contractor, evidence is furnished to you herewith certifying that the signatory is empowered to execute
this Agreement for the Contractor.
Accordingly, as one of the inducements to and as part of the consideration for Railway granting permission to
Contractor to enter upon Railway Property, Contractor, effective on the date of said Contract, has agreed and does hereby
agree with Railway as follows:
SECTION 1. RELEASE OF LIABILITY AND INDEMNITY
Contractor agrees to release Railway from any claims arising from the performance of this Agreement which
Contractor or any of its employees, subcontractors, agents or invitees could otherwise assert against Railway, regardless
of the negligence of Railway, except to the extent that such claims are proximately caused by the intentional misconduct
or gross negligence of Railway.
Contractor shall indemnify and hold harmless Railway for all judgments, awards, claims, demands, and expenses
(including attorney's fees), for injury or death to all persons, including Railway's and Contractor's officers and employees,
and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of
Contractor's subcontractors' acts or omissions or failure to perform any obligation hereunder. THE LIABILITY
ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE
DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE
NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO
THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL
MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE ANY
CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL
EMPLOYEE'S LIABILITY ACT INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY
APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED.
Nothing in this agreement is intended to be construed as a requirement for the indemnification against the sole
negligence of the Railway, its officers, employees or agents for any work relative to the construction, alteration, repair,
addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other
structure, project, development, or improvement attached to real estate, including moving and demolition in connection
therewith, performed in the State of Washington. Indemnification against liability for damages arising out of bodily injury to
persons or damage to property for any work relative to the construction, alteration, repair, addition to, subtraction from,
improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project,
development, or improvement attached to real estate, including moving and demolition in connection therewith, performed
in the State of Washington and caused by or resulting from the concurrent negligence of the Railway and the Agency and
its agents or employees will be enforceable only to the extent of the negligence of the Agency and its agents and
employees.
RIGHT OF ENTRY (BNSF)
The indemnification obligation shall include all claims brought by Contractor's employees against the Railway, its
agents, servants, employees or otherwise, and Contractor expressly waives its immunity under the industrial insurance act
(RCW Title 51) and assumes potential liability for all actions brought by its employees.
Contractor further agrees, at its expense, in the name and on behalf of Railway, that it shall adjust and settle all
claims made against Railway, and shall, at Railway's discretion, appear and defend any suits or actions of law or in equity
brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any
liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway shall
give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor shall proceed
to adjust and handle to a conclusion such claims, and in the event of a brought against Railway, Railway may forward
summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion,
shall defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages,
judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or
suits.
It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this
Agreement shall survive any termination of this Agreement.
SECTION 2. INSURANCE.
(a). Before commencing any work under this Agreement, Contractor must provide and maintain in effect
throughout the term of this Agreement insurance, at Contractor's expense, covering all of the work and services to be
performed hereunder by Contractor and each of its subcontractors, as described below:
(1). Workers' Compensation coverage as is required by State law. THE CERTIFICATE MUST
CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMPANY'S SUBROGATION RIGHTS AGAINST
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY.
(2). Commercial General Liability insurance covering liability, including but not limited to Public Liability,
Personal Injury, Property Damage and Contractual Liability covering the obligations assumed by Contractor in Section 1,
with coverage of at least $2,000,000 per occurrence and $4,000,000 in the aggregate. Where explosion, collapse, or
underground hazards are involved, the X, C, and U exclusions must be removed from the policy.
(3). Automobile Liability insurance, including bodily injury and property damage, with coverage of at least
$1,000,000 combined single limit or the equivalent covering any and all vehicles owned or hired by the Contractor and
used in performing any of the services under this agreement.
(4). Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway
Company is the Named Insured covering all of the liability assumed by the Contractor under the provisions of this
Agreement with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. Coverage shall be
issued on a standard ISO form CG 00 35 01 96 and endorsed to include ISO form CG 28 31 10 93 and the Limited
Seepage and Pollution Endorsement (see attached copy).
(b). The average train traffic per 24-hour period on this route is 32 through freight trains at a timetable speed of
50 MPH and 8 passenger trains at a timetable speed of 79 MPH and 12 switch engine movements.
(c). All insurance shall be placed with insurance companies licensed to do business in the States in which the
work is to be performed, and with a current Best's Insurance Guide Rating of A- and Class VII, or better.
(d). In all cases except Workers' Compensation and Railroad Protective Liability coverage the certificate must
specifically state that THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY IS AN
ADDITIONAL INSURED.
(e) Any coverage afforded Railway, the Certificate Holder, as an Additional Insured shall apply as primary and
not excess to any coverage issued in the name of Railway.
(f). Such insurance shall be approved by the Railway before any work is performed on Railway's Property and
shall be carried until all work required to be performed on or adjacent to Railway's Property under the terms of the
contract is satisfactorily completed as determined by the city of Auburn, Washington, and thereafter until all tools,
equipment and materials not belonging to the Railway, have been removed from Railway's Property and Railway
Property is left in a clean and presentable condition. The insurance herein required shall be obtained by the Contractor
and Contractor shall furnish Railway with an original certificate of insurance, signed by the insurance company, or its
authorized representative, evidencing the issuance of insurance coverage as prescribed in (a) 1, 2 and 3 above, plus the
original Railroad Protective Liability insurance policy to:
Attention: Maintenance Field Support
The Burlington Northern and Santa Fe Railway Company
Maintenance Field Support
4501 Kansas Avenue
Kansas City, Kansas 66106
(g). The certificate of insurance shall guarantee that the policies will not be amended, altered, modified or
canceled insofar as the coverage contemplated hereunder is concerned, without at least thirty (30) days notice mailed by
registered mail to Railway.
(h). Full compensation for all premiums which the Contractor is required to pay on all the insurance described
hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the
Contract, and no additional allowance will be made therefor or for additional premiums which may be required by
extensions of the policies of insurance.
It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under SECTION 1
will not in any way be limited to or affected by the amount of insurance obtained and carried by the Contractor in
connection with said Contract.
SECTION 3. CONTRACTOR REQUIREMENTS
(a). While on or about Railway Property, Contractor shall fully comply with Railway's "Contractor
Requirements", including (but not limited to) clearance requirements and personal protective equipment requirements.
Contractor shall be responsible for fully informing itself as to Railway "Contractor Requirements".
(b). Prior to entering Railway Property, each person providing labor, material, supervision, or services connected
with the work to be performed on or about Railway Property shall attend a Safety Orientation session conducted or
approved by Railway. Contractor shall contact Manger Public Projects, J. M. (Mike) Cowles, telephone (206) 625-6146
fax (206) 625-6115, at least thirty (30) calendar days in advance to arrange the necessary safety orientation session(s).
(c). Prior to entering Railway property, the Contractor shall prepare and implement a safety action plan
acceptable to Railway. Contractor shall audit it's compliance with that plan during the course of it's work. A copy of said
plan and audit results shall be kept at the work site and shall be available for inspection by Railway at all reasonable times
SECTION 4. PROTECTION OF RAILWAY FACILITIES AND RAILWAY FLAGGER SERVICES
(a). The Contractor shall give a minimum of at least thirty (30) working days notice to Wayne Lonnaren the
Railways Roadmaster at telephone (253) 591-2563, in advance of when flagging services will be required to bulletin the
flaggers position and shall provide five (5) working days notice to the. Roadmaster to abolish the position per union
requirements.
(b). Railway flagger and protective services and devices will be required and furnished when Contractor's work
activities 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 horizontally 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 the Railway's representative, it is necessary to safeguard Railway's Property,
employees, trains, engines and facilities.
(2). When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's
representative, track or other Railway facilities may be subject to movement or settlement.
(3). When work in any way interferes 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, material, equipment or blasting in the vicinity.
(5). Special permission must be obtained from the Railway before moving heavy or cumbersome objects or
equipment which might result in making the track impassable.
(c). Flagging services will be performed by qualified Railway flaggers. The base cost per hour for (1) flagger is
$50.00 which includes vacation allowance, paid holidays, Railway and Unemployment: Insurance, Public Liability and
Property Damage 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 authorities. State/Contractor will be billed on actual costs in effect at time work is performed.
(1). A flagging crew generally consists of one employee. However, additional personnel 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 borne by the State/Contractor.
(4). The average train traffic per 24-hour period on this route is 32 freight trains at a timetable speed of 50
MPH and 8 passenger trains at a timetable speed of 79 MPH and 12 switch engine movements.
SECTION 5. TRAIN DELAYS
No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted use of the
tracks, property and facilities of the Railway, it's lessees, licensees or others, unless specifically permitted under this
agreement, or specifically authorized in advance by the Railway Representative. Nothing shall be done or suffered to be
done by the Contractor at 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, and there shall be no
vehicular crossings of Railway's track except at existing open public crossings.
Contractor shall be responsible to Railway, including its affiliated railway companies, and its tenants for damages for any
unscheduled delay to freight or passenger trains that are caused by the Contractor as follows:
(a). Train Delay Damages, Passenger Trains
(1). Contractor will be billed and Contractor shall pay Railway within 30 days, as provided below, for the
actual economic losses arising from loss of contractual incentive pay and bonuses, and contractual penalties resulting
from passenger train delays, whether caused by Contractor, or subcontractors, or by the Railway performing Railway
Work associated with this project. Railway agrees that it will not perform any act to unnecessarily cause passenger train
delay.
(2). Passenger trains operate under incentive/penalty contract with the Railway. Under these arrangements, if
Railway does not meet its contract service commitment, Railway may suffer loss of performance or incentive pay or be
subject to a penalty payment. Contractor shall be responsible for any passenger train performance and incentive penalties
or other contractual economic losses actually incurred by Railway which are attributable to a passenger train delay caused
by Contractor, or subcontractors.
(3). As example, a passenger train arrives 30 minutes after its contract service commitments with the Railway
and Railway is assessed damages per terms of the contract. Contractor, and/or it's subcontractors, caused a 29 minute
delay to the passenger train and therefore the Contractor is not responsible for passenger train performance incentives,
penalties or other contractual economic losses actually incurred by Railway.
(4). As example, a passenger train arrives 30 minutes after its contract service commitment and Railway is
assessed damages per terms of the contract. Contractor, and/or it's subcontractors, caused a 31 minute delay to the
passenger train and therefore the Contractor is 100% responsible for any passenger train
performance incentive, penalties or other contractual economic losses actually incurred by Railway.
(5). The contractual relationship between Railway and its passenger customers is proprietary and
confidential. In the event of a passenger train delay covered by this Agreement, Railway will share information relevant
to any passenger train delay to the maximum extent consistent with Railway confidentiality obligations. Damage for
passenger train delays for certain passenger trains could be as high as $50,000.00 per passenger train.
(b). Train Delays Damages, Freight Trains
(1). Contractor will be billed and Contractor shall pay Railway within 30 days, as provided herein, for the
damages for freight train delays, whether caused by the State, its contractors or subcontractors, or by the Railway working
for the State. The Contractor will be billed at a rate of $304.28 (for 1998) per freight train hour for each freight train
delayed as determined from Railway's records. Each delay may cause delays to more than one freight train at the same
time. These rates will be updated annually and Contractor will be billed at rate per hour in effect at the time the delay
occurred.
Kindly acknowledge receipt of this letter by signing and returning to the undersigned two original copies of this
letter, which, upon execution by Railway, shall constitute an Agreement between us.
Yours truly,
(Contractor)
By
(Title)
Address
The Burlington Northern and Santa Fe
Railway Company
By
Manager Public Projects
Accepted this day of
2000
City State, zip
LIMITED SEEPAGE, POLLUTION AND CONTAMINATION COVERAGE
ENDORSEMENT WORDING
In consideration of the premium charged it is understood and agreed that Exclusion f, of Coverage A.
of this Policy shall not apply to the liability of the Insured resulting from seepage and/or pollution
and/or contamination caused solely by:
a) unintended fire, lightning or explosion: or
b) a collision or overturning of a road vehicle: or
c) a collision or overturning or derailment of a train.
Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not
apply to:
1. loss of, damage to or loss of use of property directly or indirectly resulting from
sub-surface operations of the Insured, and/or removal of, loss of or damage to
sub-surface oil, gas or any other substance;
2. any site or location used in whole or in part for the handling, processing,
treatment, storage, disposal or dumping of any waste materials or substances;
3. the cost of evaluating and/or monitoring and/or controlling seeping and/or
polluting and/or contaminating substances;
4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting
and /or contaminating substances on property at any time owned and/or leased
and/or rented by the insured and/or under the control of the Insured.
Notwithstanding the foregoing, Item 1 does not apply to tunnels.
6
BNSF J. M. (MIKE) COWLES
Mgr. Public Projects
WA, ID, MT. and
British Columbia
UL 11111" November 28, 2000
Scott Nutter
Project Engineer
25 W. Main Street
Auburn, WA. 98001-4998
Dear Mr. Nutter:
Burlington Northern Santa Fe
2454 Occidental Avenue So., Ste. 1-A
Seattle, WA. 98134
E-Mail: Mike.Cowles@BNSF.com
Phone: 206-625-6146
Fax: 206-625-6115
Concerning the city's project to construct the So. 277"' Street overhead highway bridge, thus
eliminating the existing at-grade crossing. So. 277`t' Street is located at RR MP 18.22, Line
Segment 51.
This letter form of amendment is to address a revision to Article III, item 15 in the So. 277`h
Street Construction and Maintenance Agreement. Please have the proper official execute this
letter in the space provided. Article III, item 15 is revised as follows:
Article III
15. If the highway overcrossing shall at any time cease to be used by the public as a highway
overpass, or shall by operation of law or otherwise become vacated or abandoned, the
rights and benefits to the Agency under this Agreement shall immediately cease and the
Agency shall remove said structure at it's own cost and expense. If after a reasonable
time the Agency has not removed the said structure, the Railway will remove the said
structure at the Agency's expense. The Railway shall be entitled to repossess the land to
which it has executed easements to the Agency and to use the land thereafter as if this
Agreement had never been executed.
Sinc rely,
J. (Mike) Cowles
Mgr. Public Projects
CITY OF AUBURN
Mayor