HomeMy WebLinkAboutR-2012-082 Martin Luther King Jr. Boulevard Underpass Agreement with BNSF Railway•
UNDERPASS AGREEMENT
LAW DEPARTMENT APPROVED
MARTIN LUTHER KING, JR. BOULEVARD
U.S. D O.T
UNDERPASS
. No. 099164S
This Agreement ("Agreement"), is executed to be effective as of this /8`M day of „1olr)ud�u�
?-olU 2 -1"Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corpofation
("BNSF"), and the City of Yakima, a municipal corporation of the State of Washington ("Agency").
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through the City of Yakima, State of
Washington;
WHEREAS, Agency desires to improve the existing Martin Luther King, Jr Boulevard at -grade crossing
by constructing a new crossing at separated grades to be known as the Martin Luther King Jr. Boulevard
Underpass, D.O.T. No. 099164S; and
WHEREAS, The existing Martin Luther King, Jr Boulevard at -grade crossing will be permanently closed,
vacated, and removed upon completion of 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 parties agree as follows:
ARTICLE 1— SCOPE OF WORK
1. The term "Project" as used herein includes any and all work related to the construction of the
proposed Martin Luther King, Jr Boulevard Underpass (hereinafter referred to as the "Structure"), more
particularly described on the Exhibit A attached hereto and incorporated herein, including, but not limited
to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary
and permanent track work, fencing, grading, alterations to or new construction of drainage facilities,
preliminary and construction engineering and contract preparation. During construction of the Structure,
vehicular traffic may be excluded from the Martin Luther King, Jr. Boulevard construction site, and traffic
may not be allowed to access the area until the project is completed and the new roadway is adequately
completed to safely accommodate automobile traffic assign underneath the BNSF tracks at the new
Martin Luther King, Jr Boulevard Underpass. Additionally, temporary controls during construction must
be in compliance with Section 8A-5, 'Traffic Controls During Construction and Maintenance" of the
Uniform Traffic Control Devices Manual, U.S Department of Transportation.
2. The following work items related to the "Project" are planned under this agreement
By BNSF forces
(a) Installation of Shoofly, including grading work, Removal of main line and redirecting
railroad traffic.
(b) Furnishing flagging services as required and set forth in further detail on Exhibit C;
(c) Reinstallation and
reopening of mainline, removal of Shoofly.
Form 0106 Rev. 06/01/05
(d) Removal of the at -grade crossing including signals and pavement within 2' outside the
tracks after Martin Luther King, Jr. Boulevard is permanently closed to the Public
By City's Contractor:
(a) Roadway excavation underneath the BNSF structure.
(b) Construction of slope protection and pier encasements
(c) Construction of new BNSF railroad bridge
(d) Construction of new Front Street bridge
(e) Construction of new Martin Luther King, Jr. Boulevard under BNSF structure and routing
of the vehicular traffic to the newly aligned Martin Luther King, Jr Boulevard under the
new BNSF structure.
(f) Permanent closure, vacation, and removal of the existing at grade crossing pavement
beyond 2' outside the tracks and permanent closure of access to "At Grade" crossing.
ARTICLE II — BNSF OBLIGATIONS
In consideration of the covenants
agrees as follows:
of Agency set forth herein and the faithful performance
thereof, BNSF
1. In consideration of the faithful performance of the Agency's covenants contained herein, BNSF
hereby grants to Agency, its successors and assigns, upon and subject to the terms and conditions set
forth in this Agreement, a temporary non-exclusive license (hereinafter called, "Temporary Construction
License") 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/or relocate any and all existing railroad track or tracks, wires,
pipelines and other facilities of like character upon, over or under the surface of said right-of-
way;
(b) Construct, operate, maintain, renew and/or relocate upon said right-of-way, without limitation,
such facilities as the BNSF may from time to time deem appropriate, provided such facilities
do not materially interfere with the Agency's use of the Structure,
(c) Otherwise use or operate the right-of-way as BNSF may from time to time deem appropriate,
provided. such use or operations does not materially interfere with the Agency's use of the
Structure
Prior to commencing any work on BNSF's property or right-of-way, Agency must pay BNSF the
sum of Forty -Five Hundred and No/100 Dollars ($4500.00) as compensation for the Temporary
Construction License. The term of the Temporary Construction License begins on the Effective Date and
ends on the earlier of (i) substantial completion of the Structure, or (ii) thirty-six (36) months following the
Effective Date; . The Temporary Construction License and related rights given by BNSF to Agency in this
provision are without warranty of t tle of any kind, express or implied, and no covenant of warranty of title
will be implied from the use of any word or words herein contained The Temporary Construction License
is for construction of the Structure only and shall not be used by Agency for any other purpose. Agency
acknowledges and agrees that Agency shall not have the right, under the Temporary Construction
License, to use the Structure. In the event Agency is evicted by anyone owning, or claiming title to or any
interest in said right-of-way, BNSF will not be liable to Agency for any damages, losses or any expenses
of any nature whatsoever. The granting of similar rights to others, subsequent to the date of this
Agreement, will not impair or interfere with the rights granted to Agency herein.
Form 0106 Rev 06/01/05
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Upon receiving the payment from Agency described in the subsequent sentence and provided
Agency is in compliance with the terms and conditions of this Agreement, BNSF will grant to Agency, its
successors and assigns, an easement (hereinafter called, the "Easement") to enter upon and use that
portion of BNSF's right-of-way as is necessary to use and maintain the Structure, substantially in the form
of Exhibit B attached to this Agreement. Agency must pay BNSF the sum of One Hundred and Seventy
Thousand and No/100 Dollars ($170,000.00) as compensation for the Easement within thirty (30) days of
issuing a Notice to Proceed pursuant to Article 111, Section 16 of this Agreement. If Agency fails to pay
BNSF within the thirty day time period set forth in the preceding sentence, BNSF may stop construction of
the Project until full payment is received by BNSF.
2. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the
construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit
D attached hereto and made a part hereof. in the event construction on the Project has not commenced
within twenty-four (24) months following the Effective Date, BNSF may, in its sole and absolute discretion,
revise the cost estimates set forth in said Exhibit D to reflect estimated cost increases projected by BNSF
for said work. In such event, the revised cost estimates will become a part of this Agreement as though
originally set forth herein. Any item of work incidental to the items listed on Exhibit D not specifically
mentioned therein may be included as a part of this Agreement upon written approval of Agency, which
approval will not be unreasonably withheld. Construction of the Project must include the following railroad
work by BNSF,•
(a)
(b)
(c)
Construction of the Shoofly, including grading work.
Procurement of materials, equipment and supplies necessary for the railroad work;
Preliminary engineering, design, and contract preparation excluding the structure and
Shoofly that have been designed by the Agency's contractors;
(d) Furnishing flagging services as required and set forth in further detail on Exhibit C;
(e) Furnishing engineering and inspection as required in connection with the construction of the
Project;
(f)
(g)
Removal of the existing Martin Luther King, Jr. Boulevard at -grade crossing, including
removal of the automatic warning devices, and obliteration of the crossing between the rails
and two feet outside thereof after closure of Martin Luther King, Jr Boulevard to the public
by the City;
Providing a contract project coordinator, at Agency's expense, to serve
manager for the Project;
as a project
(h) Removal and replacement of approximately 100' of main track as required to build the
structure;
1
Associated signal and track work required for installation of the bridge structure. This signal
work, in addition to that in (f) above, includes, but is not limited to, work on the wayside
signal systems.
(i)
3. BNSF will do all railroad work set forth in Article 11, Section 2 above on an actual cost basis, when
BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its
own employees working under applicable collective bargaining agreements.
4. Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or
Agency's contractor in connection with the Project which BNSF deems is reasonably necessary for the
immediate restoration of railroad operations, or for the protection of persons or BNSF property Such
work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse
BNSF for all such emergency work.
Form 0106 Rev 06/01/05
3
5 BNSF may charge Agency for insurance expenses, including self-insurance expenses when such
expenses cover the cost of Empl'oyer's Liability (including, without limitation, liability under the Federal
Employer's Liability Act) in connection with the construction of the Project. Such charges will be
considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for
injury, loss or death to BNSF's em )loyees, if any
6. During the construction o f the Project, BNSF will send Agency progressive invoices detailing the
costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for
completed force -account work within thirty (30) days of the date of the invoice for such work. Upon
completion of the Project, BNSF will send Agency a detailed invoice of final costs, segregated as to labor
and materials for each item in the recapitulation shown on Exhibit D Pursuant to this section and Article
IV, Section 7 herein, Agency must pay the final invoice within ninety (90) days of the date of the final
invoice. BNSF will assess a finance charge of 033% per day (12% per annum) on any unpaid sums or
other charges due under this Agreement which are past its credit terms. The finance charge continues to
accrue daily until the date payment is received by BNSF, not the date payment is made or the date
postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges
as of the end of the month and will be reduced by amounts in dispute and any un -posted payments
received by the month's end, Finance charges will be noted on invoices sent to Agency under this
section.
ARTICLE III — AGENCY OBLIGATIONS
In consideration of the covenants
agrees as follows -
of BNSF set forth herein and the faithful performance thereof, Agency
1. Agency must furnish to BNSF plans and specifications for the Project. Said plans together with
copy of calculations, and copy of specifications in English Units, must be submitted electronically in
"PDF" format, to BNSF for approval prior to commencement of any construction. BNSF will give Agency
final written approval of the plans and specifications substantially in the form of Exhibit E attached to this
Agreement 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 incorporated herein
Any approval of the plans and specifications by BNSF shall in no way obligate BNSF in any mariner 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 deemed to mean that the plans and specifications or construction is structurally sound and
appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local
ordinances and/or building codes.
2. Agency must make any required application and obtain all required permits and approvals for the
construction of the Project.
3. Agency must provide for
and approved by BNSF as part of
and maintain minimum vertical and horizontal clearances, as required
the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project.
5. Agency must make any and all arrangements for the installation or relocation of wire lines, pipe
lines and other facilities owned by private persons, companies, corporations, political subdivisions or
public utilities other than BNSF which may be necessary for the construction of the Project.
6. Agency must construct the Project as shown on the attached Exhibit A and do all work ("Agency's
Work") provided for in the plans' and specifications for the Project, except railroad work that will be
performed by BNSF hereunder. Agency must furnish all labor, materials, tools and equipment for the
performance of Agency's Work. The principal elements of Agency's Work are as follows.
Form 0106 Rev. 06/01/05
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(e)
(f)
Structure. This will be done by Agency's Contractors with rail traffic re -directed to the
Shoofly
Construction of all items associated with the project not identified in Article II above, or
required to be performed by BNSF as stated elsewhere in this agreement;
Establishment of all highway traffic control for the project;
Obliteration of the existing Martin Luther King, Jr. Boulevard at -grade crossing upon
permanently closing, vacating, and removing Martin Luther King, Jr, Boulevard to the
public by the Agency. Agency shall remove the roadway approaches and restore railway
drainage ditches. Agency shall install and keep in place appropriate MUTCD warning
devices (i.e Type I1i barricades) at the ends of the former roadway until the new road is
opened to traffic
Excavation of earth under the structure to create roadway underpass for use by traveling
public. Prior to any earth being excavated by Agency on BNSF property, Agency shall
conform to all State and Federal environmental policies and requirements for removal of
earth,
Job site cleanup including removal of all construction materials, concrete debris, surplus
soil, refuse, contaminated soils, asphalt debris, litter and other waste materials, all to the
extent caused by construction activities, to the satisfaction of BNSF;
7. Agency must apply and
location on the Structure.
maintain said D.O.T. Crossing number 099164S in a conspicuous
8. Agency's Work must be performed by Agency or Agency's contractor in a manner that will not
endanger or interfere with the safe and timely operations of BNSF and its facilities.
9. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar
days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached
hereto. Additionally, Agency must require its contractor(s) to notify BNSF's Manager of Public Projects
thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks
10. Agency or its contractor(s) must submit copy of any plans, electronically in "PDF" format,
(including calculations in English Units) for proposed shoring or cribbing to be used over, under, or
adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The shoring or cribbing
used by Agency's contractor shall comply with BNSF Bridge Requirements set forth on Exhibit F attached
to this Agreement 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
11. Agency must include the
work on said Project:
following provisions in any contract with its contractor(s) performing
(a) The Contractor is placed on notice that fiber optic, communication and other cable
lines and systems (collectively, the "Lines") owned by various telecommunications
companies may be buried on BNSF's property or right-of-way. The locations of
these Lines have been included on the plans based on information from the
telecommunications companies. The contractor will be responsible for contacting
BNSF's Engineering Representative Rusty Olson (206-625-6189) and/or the
telecommunications companies and notifying them of any work that may damage
these Lines or facilities and/or interfere with their service. The contractor must also
mark all Lines shown on the plans or marked in the field in order to verify their
locations. The contractor must also use all reasonable methods when working in
the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber
optic, cable, icommunication or otherwise) may exist.
Form 0106 Rev 06/01/05
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(b) Failure to mark or identify these Lines will be sufficient cause for BNSF's
engineering representative Rusty Olson to stop construction at no cost to the
Agency or BNSF until these items are completed.
(c) In addition to the liability terms contained elsewhere in this Agreement, and subject
to the provisions of Section 4.24 115 of the Revised Code of Washington, the
contractor shall indemnify and hold BNSF harmless against and from all cost,
liability, and expense whatsoever (including, without limitation, attorney's fees and
court costs and expenses) arising out of or in any way contributed to by any act or
omission of contractor, its subcontractors, agents, and/or employees that cause or
in any way or degree contribute to (1) any damage to or destruction of any Lines by
contractor and/or its subcontractors, 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).
(d) Contractor shall have a background investigation performed on all of its employees,
subcontractors and agents who will 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 http.//www.e-railsafe,com in addition to any other
applicable regulatory requirements. The e-RAILSAFE program uses rail industry
background screening standards.
Contractor shall obtain consent from all employees screened in compliance with the
e-RAILSAFE program criteria to release completed background information to
BNSF. Contractor shall be subject to periodic audit to ensure compliance
Contractor shall not permit any of its employees, subcontractors 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 Contractors employees, subcontractors or agents who do not display the
authorized identification badge issued by a background screening service meeting
the standards set forth for the e-RAILSAFE program or who pose a threat, in
Railroad's reasonable opinion, to the safety or security of Railroad's operations
Contractors shall ensure its employees, subcontractors and agents are United
States citizens or legally working in this country under a work VISA.
(e)
The Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interfere with the construction. The Contractor must cooperate fully
with any telecommunications company(ies) in performing such rearrangements
12. Agency must incorporate in each prime contract for construction of the Project, or the
specifications therefor (i) the provisions set forth in Article III, Sections 8, 9, 10, 11, and 13; (ii) the
provisions set forth in Article IV, Sections 3, 4, 10 and 11; and (iii) the provisions set forth in Exhibit C and
Exhibit C -I, attached hereto and by reference made a part hereof.
13. Except as otherwise provided below in this Section 13, all construction work performed hereunder
by Agency for the Project will be pursuant to a contract or contracts to be let by Agency, and all such
contracts must include the following:
(a) All work performed under such contract or contracts within the limits of BNSF's right-of-
way must be performed in a good and workmanlike manner in accordance with plans and
specifications approved by BNSF;
Form 0106 Rev. 06/01/05
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(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 (11) delivered to and secured
BNSF's approval of the required insurance; and
(d) If it is in Agency's best interest, Agency may direct that the construction of the Project be
done by day labor under the direction and control of Agency, or if at any time, in the
opinion of Agency, the contractor has failed to prosecute with diligence the work specified
in and by the terms of said contract, Agency may terminate its contract with the
contractor and take control over the work and proceed to complete the same by day labor
or by employing another contractor(s) provided; however, that any contractor(s) replacing
the original contractor(s) must comply with the obligations in favor of BNSF set forth
above and, provided further, that if such construction is performed by day labor, Agency
will, at its expense, procure and maintain on behalf of BNSF the insurance required by
Exhibit C-1.
(e) To facilitate scheduling for the Project, Agency shall have its contractor give BNSF's
representative Six (6) weeks advance notice of the proposed times and dates for work
windows BNSF and Agency's contractor will establish mutually agreeable work windows
for the Project. BNSF has the right at any time to revise or change the work windows,
due to train operations or service obligations BNSF will not be responsible for any
additional costs and expenses resulting from a change in work windows. Additional costs
and expenses resulting from a change in work windows shall be accounted for in the
contractor's expenses for the Project.
(f)
The plans and specifications for the Project must be in compliance with the Bridge
Requirements set forth on Exhibit F
14. Agency must advise the appropriate BNSF Manager of Public Projects, in writing, of the
completion date of the Project within thirty (30.) days after such completion date. Additionally, Agency
must notify BNSF's Manager of Public Projects, in writing, of the date on which Agency and/or its
Contractor will meet with BNSF for the purpose of making final inspection of the Project.
15. To the fullest extent permitted by law, Agency shall release, indemnify, defend, and hold
harmless BNSF, its affiliated companies, partners, successors, assigns, legal representatives, officers,
directors, shareholders, employees, and agents for, from, and against any and all claims, liabilities, fines,
penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and expenses
(including, without limitation, court costs and attorneys' fees) of any nature, kind, or description of any
person (including, without limitation, the employees of the parties hereto) or entity directly or indirectly
arising out of, resulting from, or related to (in whole or in part) (i) the use, occupancy, or presence of
Agency, its contractors, subcontractors, employees, or agents in, on, or about the construction site within
the Easement Area, (ii) the performance, or failure to perform, by the Agency, its contractors,
subcontractors, employees, or agents, its work or any obligation under this Agreement, or (iii) the sole or
contributing acts or omissions of Agency, its contractors, subcontractors, employees, or agents in, on, or
about the construction site.
16. Agency must give BNSF's Manager of Public Projects written notice 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
received from Agency
17. Upon completion of the structure the crossing will be fully closed and vacated. Agency must
perform all necessary work to obtain the permanent closure and vacation of Martin Luther King, Jr.
Boulevard across BNSF's right-of-way and must barricade the road approaches prior to commencement
Form 0106 Rev 06/01/05
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of the Project. BNSF will cooperate with Agency to achieve the closure and vacation of Martin Luther
King, Jr. Boulevard and will remove the crossing surface within its right-of-way.
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 promptly commenced by the party obligated hereunder to perform the same
and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any
changes or modifications during construction which affect BNSF will be subject to BNSF's approval prior
to the commencement of any such changes or modifications.
2 The work hereunder must be done in accordance with the Bridge Requirements set forth on
Exhibit F and the detailed plans and specifications approved by BNSF.
3. Agency must require its contractor(s) to reasonably adhere to the Project's construction schedule
for all Project work. The parties hereto mutually agree that BNSF's failure to complete the railroad work in
accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies
will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability.
Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the
labor forces assigned to complete the railroad work in the event of an emergency to provide for the
immediate restoration of railroad operations (BNSF or its related railroads) or to protect persons or
property on or near any BNSF owned property. BNSF will not be liable for any additional costs or
expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any
reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or
costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF.
4. BNSF will have the right to stop construction work on the Project if any of the following events
take place: (i) Agency (or any of its contractors) performs the Project work in a manner contrary to the
plans and specifications approved by BNSF; (ii) Agency (or any of its contractors), in BNSF's opinion,
prosecutes the Project work in a manner which is hazardous to BNSF property, facilities or the safe and
expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is
canceled during the course of the Project; or (iv) Agency fails to pay BNSF for the Temporary
Construction License or the Easement pursuant to Article II, Section 1 of this Agreement. The work
stoppage will continue until all necessary actions are taken by Agency or its contractor to rectify the
situation to the satisfaction of BNSF's Division Engineer or until additional insurance has been delivered
to and accepted by BNSF. In the event of a breach of (i) this Agreement, (11) the Temporary Construction
License, or (iii) the Easement, BNSF may terminate the Temporary Construction License or the
Easement; provided that any claim of breach by BNSF as justification for termination of this Agreement,
the Temporary Construction License, or the Easement shall be preceded by prior written notice of same
to Agency and further provided that Agency shall be allowed the opportunity to cure any such claimed
breach before any further work is performed and, in the event that Agency effectuates a reasonable cure
thereof, BNSF shall have no right to terminate the Agreement, the Temporary Construction License, or
the Easement, as the case may be. Any such work stoppage under this provision will not give rise to any
liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may
have including, but not limited toil, actions or suits for damages or. lost profits. In the event that BNSF
desires to stop construction wok on the Project, BNSF agrees to immediately notify the following
individual in writing:
Douglas Mayo, PE
City Engineer
129 N 2nd Street
City of Yakima
Form 0106 Rev 06/01/05
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5. Agency must supervise and inspect the operations of all Agency contractors to assure
compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all
safety requirements of the BNSF railroad. If BNSF determines that proper supervision and inspection is
not being performed by Agency personnel at any time during construction of the Project, BNSF has the
right to stop construction (within or adjacent to its operating right-of-way). Construction of the Project will
not proceed until Agency corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the
situation- is not being corrected in an expeditious manner, BNSF will immediately notify Douglas Mayo for
appropriate corrective action
6. BNSF will contribute Seven Hundred and Twenty -Nine Thousand, Four Hundred and Eighty -Nine
and No/100's Dollars ($729,489 00) (hereinafter referred to as "BNSF's Share") based on the
Agency's Construction Estimate at 100% Final Engineering of the Project. BNSF's Share will be based
on the costs for preliminary engineering, right-of-way and construction within the following limits,
(a) Where a grade crossing is eliminated by grade separation, the structure and approaches
required to transition to a theoretical highway profile which would have been constructed if
there were no railroad present, for the number of lanes on the existing highway and in
accordance with the c Urrent design standards of the appropriate state highway agency; 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 structure
and approaches as described 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 construction of the Project. The total actual
cost of construction for the Project is presently estimated to be $24 million, more particularly described
(together with BNSF's Share) on Exhibit G attached hereto and incorporated herein.
7. Pursuant to this section and Article II, Section 6 herein, Agency must, out of funds made available
to it for the construction of the Project, reimburse BNSF in full for the actual costs of all work performed by
BNSF under this Agreement, Tess BNSF's Share as set forth in Article IV, Section 6 herein. BNSF's
Share must be paid upon final completion of the Project.
8. All expenses detailed in statements sent to Agency pursuant to Article II, Section 6 herein will
comply with the terms and provisions of the Federal Aid Highway Program Manual, U.S. Department of
Transportation, as amended from time to time, which manual is hereby incorporated into and made a part
of this Agreement by reference. The parties mutually agree that BNSF's preliminary engineering, design,
and contract preparation costs described in Article II, Section 2 herein are part of the costs of the Project
even though such work may have preceded the date of this Agreement.
9 This item intentionally left
blank.
10. Subject to the restrictions imposed by Article IV, Section 9 above, the construction of the Project
will not commence until Agency gives BNSF's Manager of Public Projects thirty (30) days prior written
notice of such commencement. The commencement notice will reference BNSF's file number and D.O.T.
Crossing No. 099164S and must state the time that construction activities will begin.
11 In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not
limited to, the terms and conditions stated in Exhibit F BNSF and Agency agree to the following terms
upon completion of construction of the Project:
(a)
BNSF will, at its sole cost and expense, accept, own, and maintain its roadbed, track, the
railroad bridge superstructure, any access gates installed pursuant to the Project, railroad
drainage, and all other railroad facilities.
(b) Agency will own and maintain, at its sole cost and expense, the structure (not including
the railroad bridge superstructure), highway approaches, and appurtenances thereto,
Form 0106 Rev. 06/01/05
9
lighting, and drainage. The Agency may, at its option, perform necessary repair to the
portions of the Structure that if not corrected may adversely impact the safety of traveling
public underneath. The Agency will notify BNSF prior to performing such maintenance.
In the event such maintenance invoives emergency repairs, the Agency will notify BNSF
at its earliest opportunity The Agency shall be solely responsible for the costs of
maintenance performed by the Agency pursuant to the subsection (b). BNSF may, at its
option, perform maintenance on the Structure in order to avoid conflicts with train
operations. BNSF will notify Agency prior to performing any such maintenance on the
Structure. In the event such maintenance involves emergency repairs, BNSF will notify
Agency at its earliest opportunity. Agency will be solely responsible for the costs of
maintenance performed by BNSF pursuant to this subsection (b) Additionally, Agency
and BNSF shall perform the necessary work to obtain the permanent closure of Martin
Luther King, Jr. Boulevard.
Agency may, at Agency's sole cost and expense, keep the Structure painted and free
from graffiti.
Agency must apply and maintain vertical clearance signs which consistently and
accurately describe the minimum actual vertical clearance from the bottom of the
Structure to the top of any pavement.
Agency shall be responsible for reimbursing 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 Article III, Section 14.
In accordance with applicable law, Agency must provide BNSF with any and all
necessary permits and maintain roadway traffic controls, at no cost to BNSF, whenever
requested by BNSF to allow BNSF to inspect the Structure or to make emergency repairs
thereto.
It is expressly understood by Agency and BNSF that any right to install utilities will be
governed by a separate permit or license agreement between the parties hereto.
Agency may, at Agency's sole cost and expense, keep the Structure and surrounding
areas clean and free from birds, pigeons, scavengers, vermin, creatures and other
animals.
If Agency (including its contractors and agents) or BNSF, on behalf of Agency, performs
(i) alterations or modifications to the Structure, or (ii) any maintenance or other work on
the Structure with heavy tools, equipment or machinery at ground surface level
horizontally within 25'-0" of the centerline of the nearest track, or (iii) any maintenance or
other work to the superstructure of the Structure, then Agency or its contractors and/or
agents must arrange for flagging protection and procure and maintain the following
insurance coverage:
Railroad Protective Liability insurance naming only the Railroad as the Insured with
coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The
policy must be issued on a standard ISO form CG 00 35 10 93 and include the following:
o Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93)
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
• Endorsed to remove any exclusion for punitive damages.
• No other endorsements restricting coverage may be added.
• The original policy must be provided to the Railroad prior to performing any work
or services under this Agreement
Form 0106 Rev 06/01/05
10
As used in this paragraph, "Railroad" means `Burlington Northern Santa Fe Corporation",
"BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each.
In lieu of providing a Railroad Protective Liability Policy, Agency may participate in BNSF's
Blanket Railroad Protective Liability Insurance Policy if available to Agency or its contractors.
The limits of coverage are the same as above.
12. Agency hereby grants to BNSF, at no cost or expense to BNSF, a permanent right of access from
Agency property immediately adjacent to the Structure to BNSF tracks for maintenance purposes
13. Agency must provide one set of as built plans, electronically in "PDF" format, (prepared in
English Units) to BNSF, as well as one set of computer diskettes containing as built CAD drawings of the
Structure and identifying the software used for the CAD drawings. The as built plans" must comply with
the Bridge Requirements set forth ;on Exhibit F and depict all information in BNSF engineering stationing
and mile post pluses. The "as built plans" must also include plan and profile, structural bridge drawings
and specifications, and drainage plans. All improvements and facilities must be shown.
14.Agency must notify and obtain prior authorization from BNSF's Manager of Public Projects before
entering BNSF's right-of-way for maintenance purposes If the construction work hereunder is
contracted, Agency must require its prime contractor(s) to comply with the obligations set forth in Exhibit
C and Exhibit C-1, as the same may be revised from time to time. Agency will be responsible for its
contractor(s) compliance with such obligations.
15. BNSF may, 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: (1)
the right to raise or lower the grade or change the alignment of its tracks, (11) the right to lay additional
track or tracks, or (iii) the right to biuild other facilities in connection with the operation of its railroad. Such
changes or additions must not change or alter the highway components of the Structure. If it becomes
necessary or desirable in the future to change, alter, widen or reconstruct the highway components of the
Structure to accommodate railroad projects, the cost of such work, including any cost incidental to
alteration of railroad or highway facilities made necessary by any such changes to the Structure, will be
divided between BNSF and Agency in such shares as may be mutually agreed to by the parties hereto
16. Agency may, at Agency's sole expense, alter or reconstruct the highway components of the
Structure if necessary or desirable, due to traffic conditions or pedestrian or other recreational traffic;
provided, however, that any such alteration or reconstruction must not encroach further upon or occupy
the surface of BNSF's right-of-way to a greater extent than is contemplated by the 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 the 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 aid material connected with the construction will at all reasonable times
be open to inspection and audit by the agents and authorized representatives of the parties hereto, as
well as the State of Washington and the Federal Highway Administration for a period of 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, neither party
hereto may assign any of its rights or obligations hereunder without the prior written consent of the other
party.
19. In the event construction of the Project does not commence within twenty-four (24) months of the
Effective Date, this Agreement will become null and void.
Form 0106 Rev 06/01/05
11
20. Neither termination nor expiration of this Agreement will release either party from any liability or
obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or
events 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 effective and valid under applicable law If any provision of this Agreement is prohibited
by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of
such prohibition or invalidity and the remainder of the provision will be enforceable.
22. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is
the full and complete agreement between BNSF and Agency with respect to the subject matter herein
and supersedes any and all other prior agreements between the parties hereto.
23 Any notice provided for helrein or concerning this Agreement must be in writing and will be
deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the
following addresses
24. Governing Law: This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington.
Venue: The venue for any action to enforce or interpret the Agreement shall lie in the Superior
Court of Washington in and for Yakima County.
BNSF Railway Company'
Agency:
12
Richard W Wagner
BNSF's Manager of Public Projects
2454 Occidental Ave S #1-A
Seattle, WA 98134
Douglas Mayo, PE
City Engineer
129 N 2nd Street
City of Yakima
Form 0106 Rev 06/01/05
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by its duly qualified and authorized officials as of the day and year first above written.
BNSF RA t WAY COMP_
By:
Printed Namq�
Title. �V/
AGENCY
CITY OF YAKIMA, WASHINGTON
By.
Printed Name. '\S .NJ
Title• t., v {`1\k4t4e,,
C'ovAr-1-A Z c, 13- 0 (0
/Z- ;?0l—cg2
Form 0106 Rev 06/01/05
ExHisiT "A" to Easemeilt Agreement
Premises
That portion of the BNSF Railway and station grounds as depicted by the railroad survey map and described as follows:
That portion of die Northeast 1/4 of the Northeast 1/4 of Section 24, Township 13 North, Range 18 Fast and Northwest 1/4 of
the Nin-tinvost 1/1 of Section 19, Township 13 North, Range 19 East, Willamette Meridian, hounded by a line with true point
of beginning at the southeast corner of Block B as shown on the face of the Plat of the TOWN OF NORTH YAKIMA, now
Yakima, recorded. in Book "A" of Plats, Page 10, and rerecorded in Book "E" of Plats, page 1, records of Yakima County,
thence N 7142932.21' E for a clistance of 300.00and thence proceeding S 18(13227.43" E for a distance of 80.00' and
thence proceeding S 71d29'32.20" W for a distance o1300.00' and thence proceeding N 18d3227A8" W for a dist ow: of
80.00' back to the true point of begintiint,. Said boundary contains an area of 24,000 square feet,
Situated in Yakima County, State of Washington
7
Form 704; Rev, 01105/2007
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Atr: Yakima
Yakima County,
Washingtion
Legend:
EMI Permanent Easement
Temporary Easement
1ST AVE.
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;11
MEASUREMENTS BASED ON PROVIDED SURVEYS
(S) MEASUREDMENTS TAKEN OFF SURVEY
0.0 MEASUREMENT
Northwest Division
Yakima Valley Subdiv.- L.S. 0642-1
Val. Sec. 51022
NP WA -C2, Map 23
Sec. 24, T13N, R18E Will. P.M.
May 1, 2009
M.P. 90.15 smc
DRAWING NO. 3-46440C
EXHIBIT "B"
MEMORANDUM OF EASEMENT
EASEMENT AGREEMENT
FOR Construction & Maintenance of MLK Blvd. Underpass
THIS EASEMENT AGREEMENT FOR construction and maintenance of the MKL Underpass
("Easement Agreement") is made and entered into as of the 1104,day of FV- 2010
("Effective Dmte"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and
CITY OF ¥AKIMA, a Washington Municipal Corporation ("Grantee").
A. Grantor owns or controls certain real property situated at or near the vicinity of Yakima, County
of Yakma. State of Washington, at Line Segment 642, Mile Post 90.15 [City Project # 1 g l. as
described or depicted on Exhibit "A" attached hereto and made a part hereof (the "Premises").
B. Grantor and Grantee have entered into that certain Underpass Agreement dated as of January
18, 2010 concerning improvements on or near the Premises (the "C&M Agreement").
� 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 oondaona 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:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the C&M
Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to
herein as "Improvements" and shall be constructed, |ocabad, configured and maintained by Grantee in strict
accordance with the terms of this Easement Agreement and the C&M Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement") over
the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and
all namthctiono, covenants, easements, licenses, permits, leases and other encumbrances of whatoavmr nature
whether or not of veoond, if any, relating to the Premises and subject to all applicable hydana|, state and local
laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders, including
Environmental Laws (defined below) and zoning laws (collectively, "Laws"),. Grantor may not make any
alterations or improvements or perform any maintenance or repair activities within the Premises except in
accordance with the terms and conditions of the C&M Agreement.
1.3 Reservations by Grantor. Grantor exceptand reserves the right, to be exercised by Grantor
and any other parties who may obtain written permission or authority from Grantor
(a) to install, construct, naintain, nenew, repoir, rep|aoa, use, openshe, ohange, modify and
relocate any existing pipe, power, communicoUon, oeb|e, or utility lines and
appurtenances and other facilities or structures of like character (collectively, "Lines")
upon, over, under or across the Premises;
(b) to install, construct, mainbain, renew, repoir, replanm, use, oporaba, ohange, modify and
relocate any tracks or additional facilities or structures upon, over, under or across the
Premises; and
Fo/a704 Rev. 03/23/09
(c) to use the Premises in any manner as the Grantor in its sole discretion deems
appropriate, provided Grantor uses all commercially reasonable efforts to avoid material
interference with the use of the Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Permanent Easement, unless sooner terminated under
provisions of this Easement Agreement, shall be perpetual.
Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has
made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any
personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises.
Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to
entering into this Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY
REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR
CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL
OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO
ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S
CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS
INTENDED USES GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT
IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO
ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has
inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its
physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee
acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's
Contractors (as hereinafter defined) can successfully construct or operate the Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE
TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR
USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by
anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the
affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the
lawful establishment, construction, operation, and maintenance of th'e Improvements, including such actions as
may be necessary to obtain any required permits, approvals or authorizations from applicable governmental
authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance,
or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will
provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such
fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of
the Grantor, the Grantee shall construct and maintain such culverts, or drains as may be requisite to preserve
such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing
drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate
sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and
workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or
other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities
(collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any
adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other
Improvements notifying them of any work that may damage these Other Improvements and/or interfere with
their service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee
must mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the
field in order to verify their locations. Grantee must also use all reasonable methods when working on or near
Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may
exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and
to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said
Form 704; Rev. 03/23/09
premises, said work of cutting and removal to be done at such times and with such frequency as to comply with
Grantee and local laws and regulations and abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other
charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi -
governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the
Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount
prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees
incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor
shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against
Grantor, including all of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and
local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation
and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials
Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not
maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms
are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the
release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances"
may now or in the future be defined by any Environmental Laws.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource
Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises or
violation of Environmental Laws. Grantee shall use its best efforts to promptly respond to any release on or
from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken on behalf of
Grantee to investigate, remediate, respond to or otherwise cure such release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a
release or violation of Environmental Laws which occurred or may occur during the term of this Easement
Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to
investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises, provided
that Grantee shall have no such obligation to investigate, remediate. respond to or otherwise cure any such
release or violation which may arise by reason of, or in connection with, the acts or omissions of Grantor or any
other person for whom Grantor would otherwise be liable. If during the construction or subsequent maintenance
of the Improvements, soils or other materials considered to be environmentally contaminated are exposed,
Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and
applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to
make such a determination.
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly
perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may (1) seek specific
performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of
such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or
remove any interference with the activities or property of Grantor, or anyone or anything present on the rail
corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all
costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to
perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this
Easement Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving thirty
(30) days' notice in writing upon Grantee 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
Form 704; Rev. 03/23/09
terminate this Easement Agreement for any subsequent default or defauKm, 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 O[ ExDii-ation. Neithertermination 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 expinoUon, or, if |sder, the date the Premises
are restored as required by Section 9.
8.4 Non-exclusive Remedies The remedies set forth in this Section 8 shall be in addition to, and
not in limitation of, any other remedies that Grantor may have under the C&M Agreement, at law or in equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement,
whether by abandonment of the Easement or by the exercise of Grthitor's termination rightshenyunder,Gnontoe
shall, at its sole cost and expense, immediately perform the foliowing:
(a) remove all or such portion of Grantee's Improvements and all appurtenances
thereto from the 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 with 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 License for Entry If this Easement Agreement is benninated. Grantor may direct
Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee
shall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed
by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement
Agreement, Termination will not release Grantee from any liability or obligation under this Easement Agreement,
whether of indemriity or othemvioa, resulting from any acts, omissions or events happening prior to the date of
bannination, 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 termination of the Easement, all liabilities and obligations of Grantee hereunder shall continue in effect until
the Premises are surrendered.
Section 10 Liens Grantee shall promptly pay and discharge any and all liens arising out of any
onnotruotinn, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or
attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized
to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by
Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure
of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 10 or
any other section of this Easement Agreement.
Section 11 Tax Exchange. Grantor reserves the right hoassign UhisEaoementAQrmwmmntk>ApwxPnoperty
& Track Exchange, Inc. ("Apex"). Apex is a qualified intermediary 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 shalt bear all expenses associated with the use of
Apex, or necessary to quallfy this transaction as a tax-deferred exchange, and. except as otherwise provided
herein, shall protect, nmimburoe, indemnify and hold harmless Grantee from and against any and all reasonable
and necessary additional costs, expenses, including, attorneys 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 transaction pursuant to
Section 1031. Grantee shall cooperate with Grantor with respect to this tax-deferred exohange, and upon
Grantor's request, shall execute such documents as may be required to effect this tax-deferred exchange.
Form 704; Rev. 03/23/09
Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall
be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be
delivered to the foliowing address: BNSF Raliway Company, Real Estate Department, 2500 Lou Menk Drive,
Ft. Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to
Grantee.
Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in
recordable form and shall not be placed on public record and any such recording shall be a breach of this
Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached
hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes noquiped, if any, to conform such
form to local 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 and recorded as described above within 30 days of the Effective Date, Grantor shall have the right to
terminate this Easement Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of this Easement
Agreement shall be decided according to the substantive Laws of the State of Washington without regard to
conflicts of law provisions.
14.2 In the event that Grantee consists of two or more padjem, all the covenants and agreements of
Grantee herein contained shall be the joint and several covenants and agreements of such parties. This
instrument and all of the barms, covenants and provisions hereof shall inure to the benefit of and be binding
upon each of the parties hereto and their respective legal representatives, successors and assigns and shall run
with and be binding upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement
Agreement, the prevailing party or parties shati be entitled to reasonable attorneys' fees, costs and necessary
disbursements in addition to any other relief to which such party or parties may be entitled
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under
present or future Laws, such provision will be fully severable and this Easement Agreement will be construed
and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining
provisions hereof will remain in full force and effect. In lieu of any iUmga|, invalid or unenforceable provision
herein, there will be added automatically as a part of this Easement Agreement a provision as similar in its terms
to such illegal, invalid or unenforceable provision as may be possible.and be legal, valid and enforceable.
14.5 This Easement Agreement is the full and complete agreement between Grantor and Grantee
with respect to all matters relating to Grantee's use of the Premises, and supersedes any and all other
agreements between the parties hereto relating to Grantee's use of ttie Premises as described herein. However,
nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and
hotd Grantor harmless in any prior written agreement between the paties.
14.6 Time is of the essence for the performance of this Easement Agreement.
14.7 The terms of the C&M Agreement are incorporated herein as if fully set forth in this instrument
which terms shall be in full force and effect for purposes of this Easement even if the C&M Agreement is, for
whatever reason, no longer in effect.
[Signature page follows]
Form 704; Rev. 03/23/09
Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name:
Title:
GRANTEE:
CITY OF YAKIMA,
a Washington Municipal Corporation
By.
Name:
Title:
A
Form 704; Rev. 03/23/09
F.XHIHIT "A" to Easement Agreement
Prpini§s
That portion of the BNSF Railway rind station grounds as depicted by the railroad survey map and described as follows;
That pori fon of the Northeast 1/4 of the Northeast 1/4 of Section 24, Township 13 North, Range 18 /_s( and Nor tliwest 1/4 of
lhe Northwest 1/4 of Section 19, Township 13 North, Range 19 Bast, Willamette Meridian, bounded by a line with true point
of beginning rit the souilicant corner of Block B asshown on in 1.110 of the Hat of the TOWN OF NOWI'I YAKIMA, now
Yakima, recorded w Book "A" of Plats, rage 10, and rerecorded in Book "E" of Plats, page 1, records of Yakima County,
thence N 71.d29132.21" E for a distance of 300.00' and thence proceeding S 18(132'27.43" 13 for a distance n1'80,01' and
thence proceeding S 71(129'32.20" W for a distance or 3o0,00' and thence proceeding M I8d32127 W for ik fiklallCC of
80.00back in the toe point of beginning. Said boundary contains an area of 24,000 square feet.
Situated in Yakima County, State of Washington
7
Form 704; Rev, 01/05/2007
Scale: 1"= 100'+/-
I -A
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B&W ProJ. No., D12196.003
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Legend:
E Permanent Easement
Temporary Easement
04249
1ST AVE.
MEASUREMENTS BASED ON PROVIDED SURVEYS
(S) MEASUREDMENTS TAKEN OFF SURVEY
0.0 MEASUREMENT
To: S.P.M. Jc-t.
Northwest Division
Yakima Valley Subdiv.- L.S. 0642-1
Val. Sec. 51022
NP WA -02, Map 23
Sec. 24, T13N, R18E Will. P.M.
May 1, 2009
M.P. 90.15 SMC
DRAWING NO. 3-46440C
EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General
LAW DEPARTMENT APPROVED
• 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to 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 the Martin Luther King, Jr Boulevard Underpass.
• 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1"
Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and
effect the insurance called for under Section 3 of said Exhibit "C-1". Questions regarding procurement of the
Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519.
• 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains on Railway Property.
• 1.01.04 The Contractor'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 activities create
a hazard to Railway's Property, employees, and/or operations.
• 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local
Governmental laws and regulations, including, but not limited to environmental laws and regulations (including
but not limited to the Resource Conservation and Recovery Act, as amended, the Clean Water Act, the Oil
Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and
regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all
fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway
which arise out of Contractor's work under this Agreement.
• 1.01.06 The Contractor must notify City of Yakima at (509) 575-6111 and Railway's Manager Public Projects,
telephone number 206-625-6146 at least thirty (30) calendar days before commencing any work on Railway
Property. Contractors' notificat on to Railway must refer to Railroad's file
• 1.01.07 For any falsework above any tracks or any excavations located, whichever is greater, within
twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 '/z
horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured
perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings
showing details of construction affecting Railway Property and tracks. The working drawing must include the
proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract
plans and two sets of structurals calculations of any falsework, shoring or cribbing. All calculations must take
into consideration railway surcharge loading and must be designed to meet American Railway Engineering and
Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers
E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer
licensed to practice in the state the project is located. The Contractor must not begin work until notified by the
Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes
and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be
relieved of responsibility for results obtained by the implementation 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 Contractor will have no claim whatsoever for
any type of damages or for extra or additional compensation in the event his work is delayed by the Railway
Form 0106 Rev 06/01/05
Law Department Approved
1.02 Contractor Safety Orientation
• 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property
without first having completed Railway's Engineering Contractor Safety Orientation, found on the web
site www.contractororientation.com. The Contractor must ensure that each of its employees,
subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation
through internet sessions before any work is performed on the Project. Additionally, the Contractor
must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card
certifying completion of the Railway Contractor Safety Orientation before entering Railway Property.
The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor
must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on
the web site or from the Railway's Representative.
1.03 Railway Requirements
• 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including
track ballast, free of sand, debris, and other foreign 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 Contractor
• 1.03.02 The Contractor must notify the Railway's Division Superintendent at 509-546-3252 and provide
blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations
adjacent to or on Railway's Property
• 1.03.03 The Contractor must abide by the following temporary clearances during construction:
• 15' Horizontally from centerline of nearest track
• 21'-6" Vertically above top of rail
• 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
• 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
• 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts
• 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
• 1.03.04 Upon completion of construction, the following clearances shall be maintained:
• 25' Horizontally from centerline of nearest track
• 23'-3 '/2" Vertically above top of rail
• 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be
submitted to the Railway and to City of Yakima and must not be undertaken until approved in writing by the
Railway, and until the City of 'Yakima has obtained any necessary authorization from the State Regulatory
Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is
delayed pending Railway approval, and/or the State Regulatory Authority's approval.
• 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing
tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of
tell -tales or protective devices will be borne by the Contractor
• 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract
plans must be submitted to the Railway by City of Yakima for approval before work is undertaken and this
work must not be undertaken until approved by the Railway
• 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across
Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a
"Temporary Private Crossing Agreement" from the Railway prior to moving his equipment or materials across
Form 0106 Rev. 06/01/05
Law Department Approved
the Railways tracks. The temporary crossing must be gated and Locked at all times when not required for use by
the Contractor. The temporary crossing for use of the Contractor will be at the expense of the Contractor.
• 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum,
constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately
notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in
excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or
transfer 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 this contract, must promptly remove from
the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought
upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any
Subcontractor, and must cause Railways Property to be left in a condition acceptable to the Railways
representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan
• 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and
implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project
Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety
portion of the Safety Orientation. This Program must provide Roadway Worker protection/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 Safety Action Plan,
as provided for on the web site www.contraetororientation.com, which will be made available to Railway
prior to commencement of any work on Railway Property. During the performance of work, the Contractor
must audit its work activities. The Contractor 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 Safety Action Plan, safety audits, and
Material Safety Datasheets (MSDS), at the job site.
1.05 Protection of Railway Facilities and Railway Flagger Services:
• 1.05.01 The Contractor must give Railway's Roadrnaster (telephone 206-625-6880) a minimum of thirty (30)
calendar days advance notice when flagging 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 subsequently determined by the parties hereto that such services are no longer necessary,
the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements
can be made to abolish the position pursuant to union requirements.
• 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger and protective
services and devices will be required and furnished when Contractor's work activities are located over, under
and/or within twenty-five (25) feet measured horizontally from centerline of the nearest 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 other catastrophic occurrence, but not limited thereto for the following conditions:
• 1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railways Property,
employees, trains, engines and facilities.
• 1.05.020 When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's
representative, track or other Ra lway facilities may be subject to movement or settlement.
• 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds.
• 1.05.02d 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.
Form 0106 Rev 06/01/05
Law Department Approved
• 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects
or equipment which might result in making the track impassable.
• 1.05.03 Flagging services will be performed by qualified Railway naggers.
• 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to
protect Railway Property and operations, if deemed necessary by the Railways Representative.
• 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 nagger services provided by the Railway, when deemed necessary by the Railway's
representative, will be borne by the Contractor. The estimated cost for one (1) nagger is $800 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
liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and
supervision. Negotiations for Railway labor or collective bargaining agreements and rate 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 flagging pursuant
to this paragraph.
• 1.05.03d The average train traffic on this route is 7 freight trains per 24-hour period at a timetable speed 25
MPH and 0 passenger trains at a timetable speed of 0 MPH.
1.06 Contractor General Safety Requirements
• 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and
equipment can occur at any time and in any direction. All work performed by contractors within 25 feet
of any track must be in compliance with FRA Roadway Worker Protection Regulations.
• 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be
conducted with all personnel involved with the task and repeated when the personnel or task changes. If
the task is within 25 feet of arty track, the job briefing must include the Railway's nagger, as applicable,
and include the procedures the Contractor will use to protect its employees, subcontractors, agents or
invitees from moving any equipment adjacent to or across any Railway track(s).
• 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety
strategy approved by the Railway's Project Representative. When authority is provided, every
contractor employee must know: (1) who the Railway flagger is, and how to contact the nagger, (2)
limits of the authority, (3) the 'method of communication to stop and resume work, and (4) location of the
designated places of safety. Persons or equipment entering flag/work limits that were not previously job
briefed, must notify the nagger immediately, and be given a job briefing when working within 25 feet of
the center line of track.
• 1.06.04 When Contractor employees are required to work on the Railway Property after normal
working hours or on weekends, the Railroad's representative in charge of the project must be notified. A
minimum 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 drugs or alcohol, or in the possession of same, will be removed from the Railways Property and
subsequently released to the custody of a representative of Contractor management. Future access to the
Railway's Property by that employee will be denied.
• 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported
immediately to the Railways representative in charge of the project. Any vehicle or machine which may come
in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be
Form 0106 Rev 06/01/05
Law Department Approved
reported immediately to the Railway representative in charge of the project and to the Railways Resource
Operations Center at 1(800) 332-5452. Local emergency numbers are to be obtained from the Railway
representative in charge of the project prior to the start of any work and must be posted at the job site.
• 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly
weapons in their possession while working on Railway's Property.
• 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and
ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site,
www.contractororientation.coyn. however, a partial list of the requirements include a) safety glasses with
permanently affixed side shields (no yellow lenses); b) hard hats c) safety 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 charge of the project is to be contacted regarding local specifications for meeting requirements
relating to hi -visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as
required by State and Federal regulations. (NOTE — Should there be a discrepancy between the information
contained on the web site and the information in this paragraph, the web site will govern.)
• 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, 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 WITH
CONCURRENCE OF THE RAILROAD'S REPRESENTATIVE.
• 1.06.10 Machines or vehicles must not be left unattended with 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 left inoperable and
secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed
specifications)
1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water
drainage. Any work performed over water must meet al] Federal, State and Local regulations.
• 1.06.12 All power line wires must be considered dangerous and of•high voltage unless informed to the contrary
by proper authority. For all power lines the minimum clearance between the lines and any part of the
equipment 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 warning for all operation , where it is difficult for an operator to maintain the desired clearance by visual
means.
1.07 Excavation
• 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires,
or cables, including fiber optic cable systems are present and located within the Project work area. 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 loss of revenue and profits. Before commencing excavation, the
Contractor must contact BNSF s Field Engineering Representative (200-625-6189). All underground and
overhead wires will be conside •ed HIGH VOLTAGE and dangerous until verified with the company having
ownership of the line. It is the Contractor's responsibility to notify any other companies that have
underground utilities in the area and arrange for the location of all underground utilities before
excavating.
• 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation
Form 0106 Rev 06/01/05
Law Department Approved
in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and
the owner of the utility can be identified, then the Contractor must also notify the owner immediately If there
is any doubt about the location of underground cables or lines of any kind, no work must be performed until the
exact location has been determined. There will be no exceptions to these instructions.
• 1.07.03 All excavations must be conducted incompliance with applicable OSHA regulations and, regardless of
depth, must be shored where there is any danger to tracks, structures or personnel.
+ 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or
protected when 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 through the area are protected from all hazards. All excavations must be back filled as soon
as possible.
1.08 Hazardous Waste, Substances and Material Reporting
• 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious
material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's
Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this
Agreement, Contractor must immediately. (a) notify the Railway's Resource Operations Center at 1(800)
832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents
and/or third parties: and (c) exer..ise due care with respect to the release, including the taking of any appropriate
measure to minimize the impact of such release.
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 requirements. Any personal injury sustained by an employee of the Contractor,
subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone
mail if unable to contact in person) to the Railway's representative in charge of the project. The 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 Representative no later than the close of shift on the date of the
injury
Form 0106 Rev 06/01/05
Law Department Approved
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION IT SHOULD
BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY
1. Accident City/St
City.
(if non -Railway location)
5 Social Security #
6. Name (last, first, mi)
7. Address: Street:
8. Date of Birth.
2. Date Time:
3 Temperature: . 4 Weather
9 (a) Injury-
(i.e.
njury(i.e. (a) Laceration (b) Hand)
City: St. Zip:
and/or Age Gender.
(if available)
11 Description of Accident (To include
12. Treatment:
❑ First Aid Only
❑ Required Medical Treatment
0 Other Medical Treatment
13 Dr. Name
location, action, result, etc.).
(b) Body Part:
14. Dr Address:
Street.
15 Hospital Name:
16. Hospital Address:
Street:
17 Diagnosis:
FAX TO
RAILWAY AT (817) 352-7595
AND COPY TO
RAILWAY ROADMASTER FAX
30 Date:
City' St: Zip -
City St: Zip -
Form 0106 Rev 06/01/05
Law Department Approved
BNSF RAILWAY COMPANY
Attention: Manager Public Projects
Railway File:
EXHIBIT "C-1"
Agreement
Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Agency Project: Martin Luther K ng, Jr. Boulevard Underpass
Gentlemen:
The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract")dated
, 200, with City o Yakima for the performance of certain work in connection with the following
project Martin Luther King, Jr. Boulevard Underpass. Performance 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 the Contractor employed in connection
with said work for City of Yakima (i) executes and delivers to Railway an Agreement in the form hereof, and (ii)
provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement
is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor
must furnish evidence to Railway ce rtifying that the signatory is empowered to execute this Agreement on behalf of
Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property
and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby
agree with Railway as follows.
Section 1. RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments,
awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including
Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person,
arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work
performed on or about Railway's prpperty or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR
WILL 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 RAIL JWAY.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY
CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL
EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE
SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED.
Contractor further agrees, al its expense, in the name and on behalf of Railway, that it will adjust and settle
all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or
in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner
connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to
be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and
thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being
Form 0106 Rev. 06/01/05
Law Department Approved
brought against Railway, Railway may forward summons and complaint or other process in connection therewith to
Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify,
and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses
growing out of or resulting from or incident to any such claims or suits.
It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in
this Agreement survive any termination of this Agreement.
Section 2. TERM
This Agreement is effective from the date of the Contract until (i) the completion of the project set forth
herein, and (ii) full and complete )ayment 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 L ability insurance. This insurance must contain broad form contractual liability
with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at
least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and
include coverage for, but not limit to the following:
• Bodily Injury and Property Damage
• Personal Injury and Advertising Injury
e Fire legal liab lily
• Products 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 exclusion does not apply to Railroad payments
related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or
similar programs 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.
e The definition of insured contract must be amended to remove any exclusion or other
]imitation for any work being done within 50 feet of railroad property.
o Any exclusions related to the explosion, collapse and underground hazards must be removed.
No other endorsements imiting coverage as respects obligations under this Agreement may be
included on the policy
B. Business Automobile Insurance This insurance must contain a combined single
limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the
following:
• Bodily injury and property damage
e Any and all vehicles owned, used or hired
C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to
• Washington's statutory liability under the worker's compensation laws of the state(s) in which
the work is to be performed. If optional under State law, the insurance must cover all
employees anyway.
• Employers' Liability (Part B) with limits of at feast $500,000 each accident, $500,000 by
disease policy limit, $500,000 by disease each employee.
Form 0106 Rev 06/01/05
Law Department Approved
D Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at
least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard
ISO form CG 00 35 10 93 and include 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.
• Endorsed to remove any exclusion for punitive damages.
o 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:
All policies (applying to coverage listed above) must not contain an exclusion for punitive
damages and certificates of insurance must reflect that no exclusion exists.
Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad
In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation
against Railroad for all claims and suits. The certificate 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.
Contractor's insurance policies through policy endorsement, must include wording which states that the
policy is primary and non-contributing with respect to any insurance carried by Railroad. The certificate of
insurance must reflect that the above' wording is included in evidenced policies.
All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective)
must include a severability of inteest endorsement and Railroad must be named as an additional insured with
respect to work performed under this agreement. Severability of interest and naming Railroad as additional 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
Railroad, any deductible, self-insured retention or other financial responsibility for claims must be covered directly
by contractor in lieu of insurance. Any and all. Railroad 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 furnish to Railroad an acceptable certificate(s) of
insurance including an original signature of the authorized representative evidencing the required coverage,
endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) must
contain a provision that obligates th, insurance company(ies) issuing such policy(ies) to notify Railroad in writing
at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation
provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate
original of any required policy must be furnished. Contractor should send the certificate(s) to the following address:
BNSF RISK MANAGEMENT
2500 Lou Menk Drive AOB-1
Fort Worth. TX 76131-2828
Fax: 817-352-7207
Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a
current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the
service is to be provide.
Form 0106 Rev. 06/01/05
Law Department Approved
Contractor represents that this Agreement has been thoroughly reviewed by contractor's insurance
agent(s)/broker(s), who have been nstructed by contractor to procure the insurance coverage required by this
Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above.
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 underwriting practices in the insurance
industry
If any portion of the operation is to be subcontracted by contractor, contractor must require that the
subcontractor provide and maintain 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 including, without limitation, liability under the indemnity
provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required
insurance coverage
For purposes of this sect on, Railroad means `Burlington Northern Santa Fe Corporation", "BNSF
RAILWAY COMPANY" and the su )sidiaries, successors, assigns and affiliates of each.
Section 4. EXHIBIT "C" CONTRACTOR REQUIREMENTS
The Contractor 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 Contract and this
Agreement, , including, but not be limited to, payment of all costs incunTed for any damages to Railway roadbed,
tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or
agents or subcontractors on or about the construction site.
Section S. TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated
railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a
freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service
and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from
loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train
delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement.
Railway agrees that it will not perform any act to unnecessarily cause train delay
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.
Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal,
coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these
arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance
or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and
incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a
train delay caused by Contractor or its subcontractors.
The contractual relationship between Railway and its customers is proprietary and
confidential. In the event of a train delay covered by this Agreement, Railway will share information
relevant to any train delay to the extent consistent with Railway confidentiality obligations Damages for
train delay for certain trains may be as high as $50,000.00 per incident.
Form 0106 Rev 06/01/05
Law Department Approved
Contractor and its subcontractors must give Railway's representative four (4) weeks advance notice
of the times and dates for proposed work windows. Railway and Contractor will establish mutually
agreeable work windows for the project. Railway has the right at any time to revise or change the work
windows due to train operations or service obligations. Railway will not be responsible for any additional
costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a
change in work windows shall be accounted for in Contractor's expenses for the project.
Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so
as to not cause any delays to any trains.
Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this
letter, which, upon execution by Railway, will constitute an Agreement between us.
(Contractor)
By.
Printed Name:
Title:
Contact Person:
Address
City• State: Zip.
Fax:
Phone:
E-mail.
BNSF Railway Company
By
Name:
Manager Public Projects
Accepted and effective this day of 20 .
Form 0106 Rev 06/01/05
Law Department Approved
EXHIBIT D
[Insert Cost Estimate for Railroad Work herel
Form 0106 Rev 06/01/05
BNSF ENGINEERING SUMMARY REPORT
******* NOTE **** NOTE ************************** FOR INTERNAL USE ONLY ************************** NOTE **** NOTE *******
LOCATION
PLANITEM NUMBER :
PROPERTY OF
OPERATED BY
JOINT FACILITY
% BILLABLE (+/—):
YAKIMA
000158524
BNSF RAILWAY COMPANY
BNSF RAILWAY COMPANY
CITY OF YAKIMA
0100.0
LINE SEGMENT
MILEPOST
DIVISION
SUBDIVISION
TRACK TYPE
TAX STATE
SPONSOR
48
00089.0 TO 00091.0
NW
YAKIMA VALLEY
S
. WA
. VP ENGINEERING
AFE NUMBER 7409109
RFA NUMBER 5985209
CPAR NUMBER C1001609
BUDGET YEAR 2009
BUDGET CLASS 6
REPORTING OFFICE ; 117
CENTER/ROLLUP S3555
PURPOSE, JUSTIFICATION AND DESCRIPTION
PIP — BRIDGE INSPECTION — LS 48 — MP 89 — 91 — YAKIMA VALLEY SUB — NORTHWEST NORTH
DIVISION — 100% BILLABLE TO CITY OF YAKIMA
******* NOTE **** NOTE ************************** FOR INTERNAL USE ONLY
LABOR COSTS
MATERIAL COSTS
OTHER COSTS
TOTALS
************************** NOTE **** NOTE *******
CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COST
BILLABLE
TOTALS
0
0
0
0
0 0
0 0
0 0
wixa-azmmmm-mr��o tF=��mmmmmmamr0
0
0
0
0
0 75,000
mmmmmm _m_= ..........
75,000
0
0
0
75,000
_-mmlwu=$75,000
SYSTEM MAINTENANCE AND PLANNING — KANSAS CITY
ESTIMATE REF. NUMBER • 5985209
ESTIMATED BY : STEFFEN
PRINTED ON
COSTING DATE
PRINTED BY
= 12/14/2009
s 12/14/2009
: STEFFEN
BNSF ENGINEERING SUMMARY REPORT
******* NOTE **** NOTE ************************** FOR INTERNAL USE ONLY ************************** NOTE **** NOTE *******
LOCATION
PLANITEM NUMBER
PROPERTY OF
OPERATED BY
JOINT FACILITY
BILLABLE (+/-):
. YAKIMA
. 000158524
. BNSF RAILWAY COMPANY
. BNSF RAILWAY COMPANY
CITY OF YAKIMA
0100 0
LINE SEGMENT
MILEPOST
DIVISION
SUBDIVISION
TRACK TYPE S
TAX STATE WA
SPONSOR VP ENGINEERING
48
00089 0 TO 00091.0
NW
YAKIMA VALLEY
AFE NUMBER 7409109
RFA NUMBER 5985209
CPAR NUMBER C1001609
BUDGET YEAR 2009
BUDGET CLASS 6
REPORTING OFFICE : 117
CENTER/ROLLUP S3555
LABOR TOTALS FOR RFA
GANG TYPE
TASK NAME
STRAIGHT HOURS OVERTIME HOURS
MATERIAL TOTALS FOR RFA NOTE: MATL WITH VAR CODE ** MUST BE FIELD ORDERED
MATERIAL TYPE
OTHER TOTALS FOR RFA
QTY
UOM
VAR CODE CASH
GANG TYPE
NO GANG NEEDED
OTHER DESC
QTY
CONTRACT - BRIDGE INSPECTION
1 0
UOM M/O BASE COST
LS
0 74,257
BNSF ENGINEERING SUMMARY REPORT
(FOR INTERNAL BNSF RAILWAY USE ONLY)
LOCATION
PLANITEM NUMBER
PROPERTY OF
OPERATED BY
JOINT FACILITY
% BILLABLE (+/-)
YAKIMA
000158358
BNSF RAILWAY COMPANY
BNSF RAILWAY COMPANY
CITY OF YAKIMA
100,0
LINE SEGMENT 48
MILEPOST 89 0 TO 91,0
DIVISION. NW
SUBDIVISION : YAKIMA VALLEY
TRACK TYPE • S
TAX STATE WA
SPONSOR VP ENGINEERING
AFE NUMBER .
RFA NUMBER . 5907010
CPAR NUMBER . C0000009
BUDGET YEAR 2010
BUDGET CLASS . 6
REPORTING OFFICE . 716
CENTER/ROLLUP . S3555
PURPOSE, JUSTIFICATION AND DESCRIPTION
TRACK - BUILD SHOOFLY AROUND PROPSED UNDERPASS GRADE SEPARATION PROJ USING TK PANELS FROM PREV UNDERPASS PROJ.
REBUILD TK ACROSS NEW RR BRIDGE - LS 48 - MP 89 - 91 - YAKIMA VALLEY SUB - NWN DIV - 100 % BILLABLE TO CITY OF YAKIMA
PLAN ITEM LINE SEG BEG MP
END MP BEGIN STATION END STATION
PROJECT TYPE
BUD
000158358 48
89.0 91.0
YAKIMA
YAKI,MA
PUBLIC IMPROVEMENT PROJECT
2010
CASH CAPITAL MOYCASH CAPITAL OPERATING EXP REMOVAL COSTS
R1I.I.ARI.F.
TOTALS
LABOR COSTS
MATERIAL COSTS
OTHER COSTS
TOTALS
0
a
0
0
0
0
0
0
0
0
0
0
0
0
0
SYSTEM MAINTENANCE AND PLANNING - KANSAS CITY
ESTIMATE REF. NUMBER 5907010
COSTING DATE 01/01/2010
Page 1 of 2
82,724
64,454
33.786
180,964
PRINTED ON 01/04/2010
ESTIMATED BY. STEFFEN
PRINTED BY STEFFEN
82,724
64,454
33,786
180,964
BNSF ENGINEERING SUMMARY REPORT
(FOR INTERNAL BNSF RAILWAY USE ONLY)
LOCATION
PLANITEM NUMBER
PROPERTY OF
OPERATED BY
JOINT FACILITY
BILLABLE (+/-)
YAKIMA
000158358
BNSF RAILWAY COMPANY
BNSF RAILWAY COMPANY
CITY OF YAKIMA
100,0
LINE SEGMENT . 48
MILEPOST 89 0 TO 91 0
DIVISION NW
SUBDIVISION YAKIMA VALLEY
TRACK TYPE S
TAX STATE WA
SPONSOR VP ENGINEERING
AFE NUMBER
RFA NUMBER; 5907010
CPAR NUMBER : C0000009
BUDGET YEAR : 2010
BUDGET CLASS ; 6
REPORTING OFFICE; 716
CENTER/ROLLUP: S3555
LABOR TOTALS FOR RFA
GANG TYPE
TASK NAME
STRAIGHT HOURS OVERTIME HOURS
WELDING GANG, 2 MAN
SECTION GANG (5 MAN)
SECTION GANG (5 MAN)
SECTION GANG (8 MAN)
SURFACING GANG (3 MAN)
UNLOADING GANG, (3 MAN)
UNLOADING GANG, (5 MAN)
UNLOADING GANG, (8 MAN)
WORKTRAIN CREW (3 MAN)
WORKTRAIN CREW (3 MAN)
PLACE FIELD WELDS - CAP
REPLACE CROSS TIES - CAP
REPLACE TRACK PANELS - CAP
PLACE RAIL/OTM - CAP
SURFACE TRACK - REPLACEMENT - CAP
UNLOAD BALLAST - REPLACEMENT - CAP
UNLOAD TRACK PANELS - ADDITION
UNLOAD RAIL/OTM - ADDITION - CAP
WORK TRAIN - BALLAST - REPLACEMENT - CAP
WORK TRAIN - TRACK PANELS - ADDITION
1600
40.0
200 0
128 0
48.0
36.0
1000
64.0
36.0
48 0
00
00
00
00
00
00
00
00
180
24.0
MATERIAL TOTALS FOR RFA
NOTE MATL WITH VAR CODE ** MUST BE FIELD ORDERED
MATERIAL TYPE
QTY
UOM VAR CODE
CASH
BALLAST, SPRAGUE, WA (MTN, NWN, NWE,
JOINT, COMPROMISE, 115 LB/112 LB, LH, 3L & 4L
JOINT, COMPROMISE, 115 LB/112 LB, RH, IR & 2R
RAIL, 136 LB NEW WELDED, PREMIUM .
RAIL, TRANSN,LH,25 FT, 136-1/4 WORN 115
RAIL, TRANSN,RH,25 FT, 136-1/4 WORN 115
TIE, TRK,] OFT,PRE-PLATED, PANDROL, 6]N, ROUND HOLE
TIE, TRK,GRADF. 5 TRFATED,HAROWOOD,8,5 FT
TRACK PANEL, 136 STANDARD RAIL, 40 FT- GRADE 5 TIES-
WELDKIT, GENERIC FOR ALL RAIL WEIGHTS
1200.0 NT
20 PR
2.0 PR
400.0 LF
2.0 EA
20 EA
20 0 EA
121.0 EA
2.0 EA
20.0 KT
**
**
**
**
$ 6492 0
$ 377 0
$ 375.0
$ 8776.0
$ 2817.0
$ 2817 0
$ 2400 0
$ 5687.0
$ 8864,0
$ 1390.0
OTHER TOTALS FOR RFA
GANG TYPE
OTHERDESC QTY
UOM M/0 BASE COST
NO GANG NEEDED
NO GANG NEEDED
CRANE RENTAL
LOADER RENTAL
Page 2 of 2
10
10
LS
LS
O $ 4000
0 $ 12000
CEPS PLAN ITEM DOCUMENT
(FOR INTERNAL BNSF RAILWAY USE ONLY)
LOCATION .
PLANITEM NUMBER .
PROPERTY OF.
OPERATED BY.
JOINT FACILITY .
% BILLABLE (+/-)
REQUESTOR ID
PROJECT TYPE •
DOT NUMBER .
YAKIMA To FLAGGING
PTR099164S
BNSF RAILWAY COMPANY
BNSF RAILWAY COMPANY
CITY OF YAKIMA
100 0
U225
PIP
099164S
LINE SEGMENT : 48
MILEPOST : 90.14
DIVISION; NW
SUBDIVISION: YAKIMA VALLEY
ENGR. DIVISION ; NORTHWEST NORTH
TAX STATE : WA, CO YAKIMA
MATL DATE :
LOCATION CODE : 513021
TRACK TYPE ; S
AFE NUMBER :
RFA NUMBER : 5915909
CPAR NUMBER : C8090109
BUDGET YEAR • 2009
BUDGET CLASS . 6
REPORTING OFFICE . 117
SPONSOR . VP ENGINEERING
DEPT CODE • MOWGH
DERAILMENT CODE •
PURPOSE, JUSTIFICATION AND DESCRIPTION
FLAGGING - NORTHWEST NORTH DIV - YAKIMA VALLEY SUB - LS 48 - MP 90 14 - RDM VULGAS
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER
FLAGGING FOR MLK UNDERPASS
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO
100% BILLABLE TO CITY OF YAKIMA - REQUESTOR RUSTY OLSON
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK
NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS.
PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND THESE
DEFINED TRACK LIMITS, ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST SUCH AS
YARDS
THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND
OVERHEAD.
LABOR COSTS
MATERIAL COSTS
OTHER COSTS
TOTALS
CASH CAPITAL
0
0
0
0
NONCASH CAPITAL
0
0
0
0
OPERATING EXP
0
0
0
0
REMOVAL COSTS
0
0
0
0
BILLABLE
63,632
0
7,063
70,695
TOTALS
63,632
0
7,063
70.695
SYSTEM MAINTENANCE AND PLANNING - KANSAS CITY
ESTIMATE REF NUMBER . PTR099164S - 1-59-2L
COSTING DATE 02/11/2009
PRINTED ON : 01/04/2010
ESTIMATED BY : STEFFEN
PRINTED BY : STEFFEN
ACCT CST RSN PPE DESCRIPTION QTY/ST OT U/M CASH NONCASH OPER REMOVAL
8
123 FLAGGING - OTHER R 0 W - CAP
* LABOR SUBTOTAL
* ADDITIVES
640.00
160.0 MH 18,181
18,181 0 0 0
PAYROLL ASSOCIATED COSTS 12,521
EQUIPMENT EXPENSES 10,532
DA LABOR OVERHEADS 19,537
INSURANCE EXPENSES 2,861
* GANG SUBTOTAL FLAGMAN -1M - FLAGMAN, 1 MAN
63,632 0 0 0
PROJECT SUBTOTAL 63,632 0 0 0
CONTINGENCIES 6,363 0 0 0
BILL PREPARATION FEE 700 0 0 0
PROJECT GROSS COST 70,695 0 0 0
LESS COST PAID BY OTHERS 70,695 0 0 0
PROJECT NET COST 0 0 0 0
***** MAINTAIN PROPRIETARY CONFIDENTIALITY *****
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF YAKIMA
LOCATION YAKIMA TO FLAGGING DETAILS OF ESTIMATE
PLAN ITEM . PTR099164S VERSION • 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
FLAGGING - NORTHWEST NORTH DIV - YAKIMA VALLEY SUB - LS 48 - MP 90.14 - RDM VULGAS
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER
FLAGGING FOR MLK UNDERPASS
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO.
100% BILLABLE TO CITY OF YAKIMA - REQUESTOR RUSTY OLSON
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND N SOME CASES TRACK
NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS
PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND THESE
DEFINED TRACK LIMITS ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST SUCH AS
YARDS
THIS ESTIMATE IS GOOD FOR 90 DAYS THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE N COST FOR LABOR, MATERIAL, AND
OVERHEAD
DESCRIPTION QUANTITY U/M COST TOTAL S
**********
LABOR
**********
FLAGGING - OTHER ILO W - CAP
PAYROLL ASSOCIATED COSTS
EQUIPMENT EXPENSES
DA T,ABOR OVERHEADS
INSURANCE EXPENSES
*************
MATERIAL
*************
**********
OTHER
**********
800.0 MH
18,181
12,521
10,532
19,537
2,861
TOTAL LABOR COST 63,632 63,632
TOTAL MATERIAL COST 0 0
TOTAL OTHER ITEMS COST 0 0
PROJECT SUBTOTAL 63,632
CONTINGENCIES 6,363
BILL PREPARATION FEE 700
GROSS PROJECT COST 70,695
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 70,695
Law Department Approved
Date:
Exhibit E
[Public Projects Manager's letterhead]
Douglas Mayo, PE
City Engineer
129 N 2n4 Street
City of Yakima
Re: Final Approval of Plans and Specifications dated , 20_, drafted by
BERGERIABAM Engineers (hereinafter called, the "Plans and
Specifications")
Dear Mr. Mayo;
This letter serves as BNSF RAILWAY COMPANY's ("BNSF") final written approval of the
Plans and Specifications covering the construction of the Martin Luther King, Jr. Boulevard
Underpass. This final writte approval is given to City of Yakima ("Agency") pursuant to
Article III, Section 1 of that certain Underpass Agreement between BNSF and Agency, dated
, 200. If the Plans and Specifications are revised by Agency subsequent to the
date set forth above, this letter shall no longer serve as final written approval of the Plans and
Specifications and Agency must resubmit said Plans and Specifications to BNSF for final written
approval.
Regards,
Manager Public Projects
BNSF Railway Co.
Form 0106 Rev. 06/01/05
RA /L fl/AY
Date: 10.08.2012
Douglas Mayo, PE
City Engineer
129 N 2nd Street
City of Yakima
Richard (Rick) W Wagner
Manager Public Projects
BNSF Railway Company
2454 Occidental Avenue South
Suite 213
Seattle, WA 98134
Tel (206) 025-6152
Fax (208)625-6115
Richard.Wagner@bnsf com
Mobile (206) 604-8290
Re: Final Approval of Plans and Specifications dated September 26th,
2012, drafted by BERGER/ABAM Engineers (hereinafter called,
the "Plans and Specifications")
Dear Mr. Mayo;
This letter serves as BNSF RAILWAY COMPANY's ("BNSF") final written
approval of the Plans and Specifications covering the construction of the Martin
Luther King, Jr. Boulevard Underpass. This final written approval is given to City
of Yakima ("Agency") pursuant to Article 111, Section 1 of that certain Underpass
Agreement between BNSF and Agency, dated December 4th, 2009. If the Plans
and Specifications are revised by Agency subsequent to the date set forth above,
this letter shall no longer serve as final written approval of the Plans and
Specifications and Agency must resubmit said Plans and Specifications to BNSF
for final written approval.
Regards,
1--e1411:)\-
Richard
Wagner
Manager Public Projects, BNSF
Law Department Approved
Exhibit F
Bridge Requirements
BRIDGE DESIGN, PLANS & SPECIFICATIONS:
Bridge design calculations will be submitted 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 andany secondary
loads considered. Bridge design by other than a BNSF pre -approved consultant will be subject to a third party
design check at the Agency's expense.
For railroad bridges and culverts ove - waterways, BNSF will be provided with the Hydrology and Hydraulic design
criteria, calculations and site specific 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
transport characteristics of the streambed flows. Design shall include sediment transport calculations and erosion
control mitigation measures if necessary.
Bridge plans will be submitted to BNSF for review and approval at the 30%, 60% and 90% stage of design. The
final set of plans must be approved by BNSF prior to letting of bids for the Project.
Prior to issuing any invitation to bid on construction of the Structure, the Agency should conduct d pre-bid meeting
where prospective Contractors have the opportunity to communicate with BNSF personnel as to the site specific
train speeds, train density, and general safety requirements for men and equipment working near live tracks. Any
invitation to bid and specifications for the 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 the bid, but prior to the Contractor entering BNSF right of way, the Agency should conduct a pre -
construction meeting with BN SF personnel in attendance to reiterate the safety requirements of construction activity
adjacent to live tracks.
During construction, BNSF will require an experienced Quality Control Inspector to be present during certain
critical times of the Project, including but not limited to• driving foundation piles, erecting falsework, construction
of shoring and retaining walls, placing concrete, placing soil backfill and compaction processes. Certain
components, normally produced off site, will require a QC inspector to be present, including the production of
precast concrete components and steel fabrication. The QC inspector will provide reports to BNSF including pile
driving records, concrete compressive test records, and other such reports requested by BNSF. QC Inspection
services can be provided by the Agency subject 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 Agency
shall reimburse BNSF for all costs of supplemental QC Inspection services.
Within 90 days of the conclusion of the Project and final acceptance by BNSF, the Agency will provide BNSF with
a complete electronic set of the bridge plans labeled "As Built" Those plans will reflect any and all deviations from
the original plans that occurred during construction. The "As Built" plans will be submitted in Micro Station * dgn
electronic format (preferred) or AutoCAD *.dwg format. Electronic plans are to be submitted in the original format
used for CAD plan preparation and not converted to another format prior to submission. The plans must show
dimensioned locations of existing and relocated utilities.
BRIDGE MAINTENANCE.
Form 0106 Rev. 06/01/05
Law Department Approved
BNSF will be responsible for maintenance of the track, structure, and ballast over the bridge and the earth
embankment approaches. The Agency will be responsible for maintenance of the non-structural and non -safety
components of the bridge such as slope protection and pier encasements.
For bridges over roadways, the Agency will maintain the roadways under the bridge including signs, pedestrian
walkways, fences, drains, landscaping, earth retention components, embankment slopes, erosion control, surface
drainage, paint, walkways, handrails, lighting and other improvements associated with the Project. The Agency will
be responsible to post highway vertical clearance signs and maintain such signs to reflect potential future pavement
profile elevation changes. Clearance signs, traffic control signals or other signs should riot be attached to a load -
carrying member of the railroad bridge.
For railroad bridges over waterways, the Agency will be responsible for all aspects of channel maintenance across
BNSF's right-of-way, including toe of slope erosion control where the railroad embankment meets the streambed.
The Agency will be responsible for debris removal that may accumulate at bridge piers as well as silt removal, local
and genera] scow- and remediation and streambed lateral migration and streambed degradation remediation.
Fencing and other trespass controls within BNSF's right-of-way and incorporated into the Project shall be designed
and maintained by the Agency. Graffiti removal will be the responsibility of the Agency.
BRIDGE INSPECTION:
BNSF will conduct annual routine structural. inspections of railroad bridges over public roadways and waterways at
no cost to the Agency The Agency shall provide traffic control under those bridges spanning roadways to enable
BNSF personnel or representatives to safely conduct the annual inspections. For routine annual inspections, BNSF
will give the public agency 7 days advance notice of traffic control requirements. In the event of an earthquake, fire,
flood, damage from vehicular impacts or other emergent situations, the Agency will provide traffic control in
roadways to allow immediate inspection by BNSF personnel or representatives. Traffic control will include lane
closures or other such measures to allow BNSF personnel, contractors and equipment to be safely positioned under
the superstructure.
Upon the conclusion of the BNSF inspection, the Agency will be notified of items in need of repair that falls within
the Agency's jurisdiction as described under BRIDGEMAINTENANCE section. If the Agency does not complete
the repairs requested by BNSF within a reasonable time period, BNSF personnel and/or contractors will perform the
repairs and invoice the Agency for the entire cost of such repairs. Regardless of the nature or cause of such
maintenance and repairs, traffic control will be provided by the Agency at no cost to BNSF to allow safe access to
the bridge.
Form 0106 Rev 06/01/05
Exhibit G
Martin Luther King, Jr. Boulevard
Estimated Total Project Cost
Schedule A - Grade Separation
Item
No.
MLK
Quantity
Front St.
Quantity
Total
Quantity
WSDOT
Std.
Item No.
Item
Unit
Unit
Cost
Total
I Cost
Basis of
BNSF's
5% Share
MOBILIZATION '
1 1 Lump Sum Lump Sum , Lump Sum 0001 Mobilization L.S. 5%
$632,897
$531,485
Subtotal - Mobilization
PREPARATION
5632,897
5531,485
2
Lump Suni
Lump Sum
Lump Sum
Spill Prevention Plan
L.S.
L.S..
$1,000.00
$10,000.00
$1,000
510.000
51,000
510.000
3
Lump Sum
Lump Sum
.Lump Sum
0050
Removal of Structure and Obstruction
4
1,330
1,330
0100
Removal of Cement Concrete. Sidewalk
S.Y.
$15.00
519,950
519.950
6
2,040
790
2,830
01.08
Remobal of Cement Concrete Curb and Gutter
L.F.
510.00
528.300
528.300
6
8,700
2,000
10 700
0120
Remo0al of Asphalt Corte Pavement
S.Y.
55.00
553.500
553.500
7
4,670
800
5,470
185
0187.
0196
Removing Paint Line
Remo0inj Painted Traffic Marking
LF
EA
56.00
$30.50
532.820
55,643
532,820
$5.643
8
85
100
9
1,040
1 040
0203
Remo0ing Painted Crosswalk Line
S.F.
$6.50
56,760
56,760
10
Force Account
Force Account
Force Account
Potholing and Resolution of Utility Conflicts
F.A.
515,000.00
515.000
515,000
Subtotal - Preparation
GRADING
$172373
5172,973
11 22,848 1 1,340 1 24,188 1 0310 -1Roadway Excavation Incl. Haul 1 C.Y 1 520.00
5483,757
5483,757
Subtotal - Grading
STORMWATER SYSTEM
$48:3,757
5483,757
12
0
967
Taperid End Section with Safety Bars
Each
$200.00
5200
13
0
1085
Quarry, Spalls
C.Y
530.00
50
1.4
4,850
4,850
Underdrain Pipe 4 In. Diam.
L.P.
$15.00
572,750
15
44
4
48
3091
Catch'
Basin Type 1
Basin Type 2, 48 In. Diam.
Each
E;uh
51,500.00
52,500.00
572,000
52,500
16
1
1
3105
Catch!
17
2,800
200
3,000
3602
Corrugated
Polyethylene Storni Sewer Pipe 12 In. Diann.
Excavation Class R Incl. Haul - Storm Sewer
L.F.
C.Y.
525.00
$20.00
575.000
$17,300
18
780
85
865
7006
Structure.
19
365
365
Structure Excavation Jet Grout Incl. Haul - Storm Sewer
C Y
$30.00
510.950
20
95
95
7014
Gravel Backfill for Drain
C.Y.
530.00
52,850
21
3,400
3,400
7850
Construction Geotextile for Underground Drainage
S.Y.
55.00
517.000
'22
4
3
7
9605
Connection to Drainage Structure
Each
5200.00
$1.400
23
Lump Sum
Lump Sum
Precast Wet Well
L.S.
$ 69,936
569,936
24
Lump Sum
Lump Sum
Prowuit Valve Vault
L.S.
$ 37,293
517,293
25
Lump Sum
Lump Sum
Precast 00/Water Separator
L.E.
$ 77,832
577,832
26
Lump Sum
Lump Sum
Lump Sum
Pump,i and Motors
Piping, Valves, and Accessories
L.S.
L.S.
$ 57,253
$ 90,261
557,2..53
590,261
27
Lump Sum
28
Lump Sum
Lump Sum
Pump Station Electrical
L.S.
5 192,957
5192,957
25
Lump Sum
Lump Sum
Telemetry
L.S.
5 3,235
$3,235
Subtotal - Stormwater System
$780,718
STRUCTURE
(Secant Pile Wall Alternate)
30
725
725
4007
Soil Excavation for' Lagging Shaft Incl. Haul
CY
$550.00
5398,750.00
31
921
921
4007
Soil Excavation for Reinforced Shaft Incl. Haul
CY
5600.00
$552,600.00
32
1,559
1,559
4011
FurniAh and Placing Temp. Casing for Lagging Shafts
LF
5350.00
5045,650.00
33
1,979
1,979
4011
Furnilh and Placing Temp. Casinji for Reinforced Shafts
LF
5375.00
5742.125.00
34
725
725
4166
Lean Concrete
CY
$200.00
5145,000.00
35
921
921
4168
Conc. ;Class 4000P for Reinforced Shafts
CY
$250.00
5230.250.00
36
224,168
224,168
4162
St. Reinforcing Bar for Shalt
LBS
$1.10
5246,585.00
37
7,920
7,920
4164
CSL Access Tube
LF
59.00
571,280.00
38
87
87
CSL Test
EACH
$3,000.00
5261,000.00
Subtotal - Secant Pile Wall Alternate
(Diaphragm Wall Alternate)
53,193,240.00
39 24,000 f J 24,000 Diaphragm Wall 1 SF 1 5105.00
$2,520,000.00
$2.520,000.00
Subtotal - Diaphragm Wall Alternate
(CDP Cantilever Wall/Moment Slab)
$2,520,000.00
$2,520,000.00
40
180
180
4139
Conc.
,Class 4000 for Retaining Wall
Bar for Retaining Wall
CY$850.00
LB I 51.10
5153.000.00
51 7.989.00
$153,000.00
517,989.00
41
16,354
16,359
4150
St. Reinforcing
42
122
122
4202
Conc. Class 4000 for Barrier
CY 1 51,100.00
$1:34,200.00
$134,200.00
43
34,060
34,060
4151
St. Reinforcing Bar for Barrier
LB 1 51.10
537,466.00
537,466.00
Subtotal - CIP Cantilever Wal/Moment Slab
(Earthwork)
5342,655.00
5342,655.00
44
2,920
2,920
4006 Structure Excavation Class A Incl. Haul
CY
520.00
558,400.00
558,400.00
45
1
1
4013 Shoriing or Extra Excavation Cl. A
LS
$108,000.00
5108,000.00
$108,000.00
46
541
541
4026 !Caravel Backfill for Wall
CY 1 $45.00
$24,345.00
524,345.00
Subtotal - Structural Earthwork
(Wall Cap)
5190,745.00
$190,745.00
47 I 1,914 1 1,914
4202
Conc. Class 4000 for Wall Cap CY 1 $500.00
$957,000.00
5957,000.00
48 1 326.700 1 326,700
1
4151
St. Reinforcing Bar for Wall Cap 1 LB 1 51.10
5359,370.00
5359,370.00
Subtotal - Wail Cap
$1,316,370.00
$1,316,$70.00
MIK Exhl*tt G
1 of
6/11/2009
MLK Exhibit G
2of3
6)1112009
(Soldier Pile Walls)
49
750
750
Shaft
39" Diameter
LF
5525.00
$393,750.00
5393,750.00
50
565
565
4053
Furnishing Soldier Pile - W24X103
LF
$150.00
$84.750.00
584,750.00
51
113
113
405:1
Furnishing Soldier Pile - W21X55
LF
585.00
59,605.00
59.605.00
52
10.5
10.5
4301
Timber Lagging
MI3M
$3,500.(10
$36.750.00
$36.750.00
51
238
238
4482
Prefabricated Drainage Material
SY
615.00
$3,570.00
$3.570.00
54
2,143
2,143
4474
Concrete Fascia Panel
SF
555.00
5117,865.00
5117,865.00
Subtotal - Soldier Pile Wall
(BNSF Shoring Wall)
5646,290.00
5646,290.00
55 '
285
285 1 4049 FSha#t:-:16"Diameter 1 LF
$500.00' 5142,500,00
5142.500.00
56
105
105
4051
Furnii,hing Soldier Pile - W21X93
LF
5140.00 514,700.00
$14,700.00
57
152
152
4053
Furnishing Soldier Pile - W21X55
1.F
$85.00 512,920.00
512,920.00
58
3.0
3.0
, 4301
Timber Lagging ! MBM
$3,500.001 $10,500.00
$10,500.00
Subtotal - BNSF Shoring Wall'
(Shotcrete Facing)
5180,020.00
5180,620.00
59
10,700 1
10,700
7561
Shotcrete
Facing
Drainage Material
SF
SY
$25.00
$15.00
5267,5(10.00
517,850.00
5267,500.00
517,850.00
60
1,190
, 1,190
4482
Prefabricated
Subtotal - Shotcrete Facing
(Bottom Seal)
5285,350.00
5285,350.00
61 1 1
1
Bottom Seal
LS ( 53,600,000.00
$3,600,000.00
53,600,000.00
62 1 .1
1
'Force Account - Fixing Leaks
Est. 1 5250,000.00
$250,000.00
$250,000.00
Subtotal - Bottom Seal
(Struts)
$3.850,000.00
53,850,000.00
63 1 5 I 1 5 1 4269 'Prestressed Concrete Girder for Strut 1 EACH ' 524,000.00
5120,000.00
$120,000.00
Subtotal - Struts
(Misc.)
5120,000.00
$120,000.00
64
1
1
Wet Well
Shoring
LS
8200,000.00
5200,000.00
65
1
1
Fiber Optic Relocation
IS
525,000.00
$25,000.00
Subtotal - Misc.
(Front. St. Bridge)
$225,000.00
66 1 1 1 1 1 1 [Superstructure 1 1.8 1 $201,700.00
$201,700.00
Subtotal - Front St. Bridge
(BNSF Bridge)
$201,700.00
67 1 1 1 1 ]Superstructure F LS 1 $345.500.00
5345,500.00
Subtotal - BNSF Bridge
Subtotal - Structure)
SURFACING
5345,500.00
510.224,230.00
59,452,030.00
68 1 1,910 1 310 1 2,220 1 5100 'Crushed Surfacing Base Course 1 Ton 1 815.00
$33,304
$33,304
Subtotal - Surfacing
ASPHALT TREATED BASE
533,304
$33,304
69 1 655 1. 460 1,115 1 5510 'Alpha tTea e3 Base 1 Ton 1 575,00
$83,598
$83,598
Subtotal - Surfacing
ASPHALT CONCRETE PAVEMENT
$83,598
$83,598
70 1 1,763
230
1,993
5752 Asphalt Cone. Pavement Cl. B
Ton
$70.00
5139,482
5139,482
71 85
85
Bridge Approach Slab
CY
5210.00
$17,850
Subtotal -Asphalt Concrete Pavement
EROSION CONTROL AND PLANTLNG
$157,332
5157,332
72
Est. 1 Est. 1 Est.
6489
Temporary Water Pollution/Erosion Control
Est.
$6,000.00
$6,000
73
Lump Sum 1 1 Lump Sum
Dewatering
L.S.
550,000.00
$50,000
Subtotal - Erosion Control and Planting
TRAFFIC
$56,000
74
490
790
1,280
i 6704 (Cement Conc. Barrier Curb and Gutter
L.F
$25.00
532.000
75
840
840
6727
Extruded Curb
L.F.
$5.00
$4,20(1
75
Lump Sum
Lump Sum
Crushable Barrier
L.S.
$15,000.00
$15,000
76
6
6
6860
Painti:d Traffic Arrow
L.F.
$481.60
$2,890
77
5,395
960
6,365
6806
PaintlLine
L.F.
$6.50
541,308
78
2,345
2,345
68.17
Paintad Wide Line
L.P.
$7.75
518,174
79
1,050
1,050
6856
Paintbd Crosswalk Line
L.F.
$8.50
$8,926
80
340
340
680
6856
Paintixl Stop Line
L.F.
$8.50
$5,780
81
1
1
1
6890
Permixnent Signing
L.S.
$1,000.00
$1,000
81
Lump Sum
Lump Sum
6904
Illumination System Complete
L.S.
543,300.00
$43,300
82
Lump Sum
Lump Sum
69912
Traffic Signal System First Street and Lincoln Avenue, Complete
L.S.
1 $34,500.00
$34,500.00
83
Lump Sum
Lump Sum
6912
Traffic Signal System lst Avenue and Lincoln Avenue, Complete
L.S.
512,500.00
512,500.00
84
Lump Sum
Lump Sum
6912
Traffic
Signal System Ord Avenue and Lincoln Avenue, Complete
Signal System First Street and MLKJR Boulevard,
L.S.
L.S.
$4,300.00
816,700.00
$4,300.00
$15,700.00
85
Lump Sum
Lump Sum
6912
Traffic
86
Lump Sum
Lump Sum
6912
Traffic Signal System 1st Avenue and MLK JR Boulevard,
L.S.
$28,100.00
$28,100.00
87
Lump Sum
Lump Sum
6912
Traffic Signal System 3rd Avenue and MLK JR Boulevard,
L.S.
52 7,700.00
527,700.00
08
Lump Sum
Lump Sum
Lump Sum
6971
Project Temporary Traffic Control
L.F.
5121,452.00
$121,452
89
1 Lump Sum
Lump Sunt
[ Lump Sum
6981
Temporary Concrete Barrier
L.F'
$2,500.00
$2,500
Subtotal - Traffic
5419,329
MLK Exhibit G
2of3
6)1112009
513.709,1991 $11.161,1791
OTHER ITEMS
90
Lump Sum
Lump Sum
275
7055
Contractor Supplied Surveying and Staking
Cement Conc. Sidewalk
' L.S.
S.Y.
$62,500.00
$20.00
$62,500
$5,500
$62,500
55,000
91
275
92
880
880
7081
Chain Link Fence Type 1
L.F
$15.00
$13,200.00
$13,200.00
93
12
12
7095
End, Corner and Pull Post for Chain Link Fence Type 1
Each
$125.00
$1,500
$1,500
94
Force Account
Force Account
Prope ty Restoration and Miscellaneous Work
F.A.
$10,000.00
$10,000
$10,000
95
2,000
2.000
Train ng
Hr.
$2.00
54,000
$4,000
97
Lump Sum
Lump Sum
Temporary Railroad Crossing
1..S.
$150,000.00
$150,000
5150,000
Schedule 13 - Utilities
Subtotal - Other Items
WATER LINES
$246,700
$246,700
98
3
3
3837
Air Release/Air Vacuum Valve Assembly 2 In.
Each
$1,700.00
$5,100
99
200
200
3869
Ductile Iron Pipe for Water Main and Fittings 12 In. Diam.
ReotrlimedJoint
I..F.
$100.00
$20,000
100
880
880
7007
Shoring or Extra Excavation Trench
S.F.
$2.00
$1,760.00
101
40
40
4
PLae Insulation
Connection to Existing Water main 2 Temp Blow -Off
LF
Each
$1.00.00
$1,200.00
54.000
$4.800
102
4
103
78
78
Steel Casing 22 In. Diam. For Water Main
L.I'.
$340.00
$26,520
104
2
2
Galvanic Anode
Each
$500.00
$1.000
Subtotal
$63.180
Estimated Reimburseme
MLK Exhibit G
Sales Tax (8.2%)
Subtotal - Water Lines
Allowance for Fiber Optic Relocations
Allowance for Project Aesthetics
Subtotal
$5.181
$68,361
$0
$350,000
Estimating Contingency (5%)
Subtotal - Estimated Bid Price in 4th Quarter of 2007
Inflation (1 Year at 1.7%, 1..6 Years at 1.2%)
Estimated Bid Price in 2nd Quarter of 2009
Construction Contingency (5%)
$685,460 $558,059
1 $14,394,6591 511,719,2.381
$509,254 $414,603
1 $14,903,9131 512,133,841
$745,196 $606,692
Estimated Total Payments to Contractor 515,649,1081 $12,740,5331
of BNSF for Construction by BNSF Forces (includes 25% Contingency) 5686,847 5686,847
Estimated Total Construction Costs
1 $16,3359551 $13,427,380
Estimated Future Design Engineering Costs $50,000 $50,000
Estimated Future City Administration Costs $50,000 $50,000
Estimated Future Construction Engineering Costs $1,042,400 $1,042,400
Estimated Future ROW Costs $20,000 $20,000
SUBTOTAL - FUTURE MLK, Jr. Blvd. COSTS' 517,498,3551 514,589,7801
Design Engineering Costs Spent to Date
City Administration Costs Spent to Date
Phase 1 Costs Spent to Date
ROW Costs Spent to Date
SUBTOTAL - COSTS SPENT TO DATE
TOTAL ESTIMATED COSTS TO COMPLETE MIK, Jr. Blvd
$0
$0
$0
$0
301
.1 517.498,3551 $14,58.9,7801
BNSF's 5% Share
5729,4891
3 of 3 6/11/2005
BNSF ENGINEERING SUMMARY REPORT
******* NOTE **** NOTE ************************** FOR INTERNAL USE ONLY ************************** NOTE **** NOTE *******
LOCATION
PLANITEM NUMBER :
PROPERTY OF
OPERATED BY
JOINT FACILITY
% BILLABLE (+/-):
YAKIMA
000158524
BNSF RAILWAY COMPANY
BNSF RAILWAY COMPANY
CITY OF YAKIMA
0100 0
LINE SEGMENT
MILEPOST
DIVISION
SUBDIVISION
TRACK TYPE
TAX STATE
SPONSOR
48
. 00089.0 TO 00091.0
NW
. YAKIMA VALLEY
. S
WA
VP ENGINEERING
AFE NUMBER
RFA NUMBER
CPAR NUMBER
BUDGET YEAR
BUDGET CLASS
REPORTING OFFICE
CENTER/ROLLUP
7409109
5985209
C1001609
2009
6
117
S3555
PURPOSE, JUSTIFICATION AND DESCRIPTION
PIP - BRIDGE INSPECTION - LS 48 - MP 89 - 91 - YAKIMA VALLEY SUB - NORTHWEST NORTH
DIVISION - 100% BILLABLE TO CITY OF YAKIMA
******* NOTE **** NOTE ************************** FOR INTERNAL USE ONLY
CASH CAPITAL NONCASH CAPITAL
LABOR COSTS
MATERIAL COSTS
OTHER COSTS
TOTALS
0
0
0
************************** NOTE **** NOTE *******
OPERATING EXP REMOVAL COST
BILLABLE
TOTALS
0
0
0
0
0
0
0
0
0
0
0
75,000
0
0
75,000
0
0
0
0
75,000
75,000
SYSTEM MAINTENANCE AND PLANNING - KANSAS CITY
ESTIMATE REF. NUMBER : 5985?09
ESTIMATED BY : STEFFEN
PRINTED ON : 12/14/2009
COSTING DATE : 12/14/2009
PRINTED BY STEFFEN
BNSF ENGINEERING SUMMARY REPORT
******* NOTE **** NOTE ************************** FOR INTERNAL USE ONLY ************************** NOTE **** NOTE *******
LOCATION
PLANITEM NUMBER :
PROPERTY OF
OPERATED BY
JOINT FACILITY
BILLABLE (+/-):
YAKIMA
000158524
BNSF RAILWAY COMPANY
BNSF RAILWAY COMPANY
CITY OF YAKIMA
0100.0
LINE SEGMENT
MILEPOST
DIVISION
SUBDIVISION
TRACK TYPE
TAX STATE
SPONSOR
48
00089 0 TO 00091.0
NW
YAKIMA VALLEY
S
WA
VP ENGINEERING
AFE NUMBER
RFA NUMBER
CPAR NUMBER
BUDGET YEAR
BUDGET CLASS
REPORTING OFFICE
CENTER/ROLLUP
7409109
5985209
C1001609
2009
6
117
S3555
LABOR TOTALS FOR RFA
GANG TYPE
MATERIAL TOTALS FOR RFA
NOTE: MATL WITH
MATERIAL TYPE
TASK NAME
STRAIGHT HOURS OVERTIME HOURS
VAR CODE ** MUST BE FIELD ORDERED
QTY
UOM
VAR CODE CASH
OTHER TOTALS FOR RFA
GANG TYPE
OTHER DESC
QTY
UOM
M/O
BASE COST
NO GANG NEEDED
CONTRACT - BRIDGE INSPECTION
1 0
LS
0 74,257
•
BNSF ENGINEERING SUMMARY REPORT
(FOR INTERNAL BNSF RAILWAY USE ONLY)
LOCATION YAKIMA LINE SEGMENT 48 AFE NUMBER
PLANITEM NUMBER 000158358 MILEPOST 89.0 TO 91.0 RFA NUMBER 5907010
PROPERTY OF BNSF RAILWAY COMPANY DIVISION NW CPAR NUMBER C0000009
OPERATED BY BNSF RAILWAY COMPANY SUBDIVISION YAKIMA VALLEY BUDGET YEAR 2010
JOINT FACILITY CITY OF YAKIMA TRACK TYPE S BUDGET CLASS 6
% BILLABLE (+/-) 100.0 TAX STATE WA REPORTING OFFICE 716
SPONSOR VP ENGINEERING CENTER/ROLLUP S3555
PURPOSE, JUSTIFICATION AND DESCRIPTION
PLAN ITEM
TRACK - BUILD SHOOFLY AROUND PROPSED UNDERPASS GRADE SEPARATION PROJ USING TK PANELS FROM PREV UNDERPASS PROJ.
REBUILD TK ACROSS NEW RR BRIDGE - LS 48 - MP 89 - 91 - YAKIMA VALLEY SUB - NWN DIV - 100% BILLABLE TO CITY OF YAKIMA
LINE SEG BEG MP
000158358 48
89.0
91.0
YAKIMA
YAKIMA
PUBLIC IMPROVEMENT PROJECT
2010
CASH CAPITAL
NONCASH CAPITAL OPERATING EXP
REMOVAL COSTS
BILLABLE
TOTALS
LABOR COSTS
0
0
0
0
82,724
82,724
MATERIAL COSTS
0
0
0
0
64,454
64,454
OTHER COSTS
0
0
0
0
33,786
33,786
TOTALS
0
1
0
0
0
180,964
180,964
SYSTEM MAINTENANCE AND PLANNING -
KANSAS CITY
PRINTED ON: 01/04/2010
TCTIM ATP RFP TSTI MARCR
S0117111 /I
CCTITA ATEA DV
CTCCCCNI
COSTING DATE. 01/01/2010
Page 1 of 2
PRINTED BY STEFFEN
LOCATION YAKIMA
PLANITEM NUMBER 000158358
PROPERTY OF BNSF RAILWAY COMPANY
OPERATED BY BNSF RAILWAY COMPANY
JOINT FACILITY CITY OF YAKIMA
BILLABLE (+/-) 100.0
BNSF ENGINEERING SUMMARY REPORT
AFE NUMBER
RFA NUMBER
CPAR NUMBER
BUDGET YEAR
BUDGET CLASS
REPORTING OFFICE
CENTER/ROLLUP
5907010
C0000009
2010
6
716
S3555
(FOR INTERNAL BNSF RAILWAY USE ONLY)
LINE SEGMENT 48
MILEPOST 89.0 TO 91.0
DIVISION NW
SUBDIVISION YAKIMA VALLEY
TRACK TYPE S
TAX STATE WA
SPONSOR VP ENGINEERING
LABOR TOTALS FOR RFA
GANG TYPE
TASK NAME
STRAIGHT HOURS
OVERTIME HOURS
WELDING GANG, 2 MAN
SECTION GANG (5 MAN)
SECTION GANG (5 MAN)
SECTION GANG (8 MAN)
SURFACING GANG (3 MAN)
UNLOADING GANG, (3 MAN)
UNLOADING GANG, (5 MAN)
UNLOADING GANG, (8 MAN)
WORKTRAIN CREW (3 MAN)
WORKTRAIN CREW (3 MAN)
-
PLACE FIELD WELDS - CAP
REPLACE CROSS TIES - CAP
REPLACE TRACK PANELS - CAP
PLACE RAIL/OTM - CAP
SURFACE TRACK - REPLACEMENT - CAP
UNLOAD BALLAST - REPLACEMENT - CAP
UNLOAD TRACK PANELS - ADDITION
UNLOAD RAIL/OTM - ADDITION - CAP
WORK TRAIN - BALLAST - REPLACEMENT - CAP
WORK TRAIN - TRACK PANELS - ADDITION
l
160.0
40.0
200.0
128.0
48.0
36.0
100.0
64.0
36.0
48.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
18.0
24.0
MATERIAL TOTALS FOR RFA
NOTE. MATL WITH VAR CODE ** MUST BE FIELD ORDERED
MATERIAL TYPE
QTY UOM VAR CODE
CASH
BALLAST, SPRAGUE, WA (MTN, NWN, NWE,
JOINT, COMPROMISE, 115 LB/ 112 LB, LH, 3L & 4L
JOINT, COMPROMISE, 115 LB/I 12 LB, RH, IR & 2R
RAIL, 136 LB NEW WELDED, PREMIUM
RAIL, TRANSN,LH,25 FT, 136-1/4 WORN 115
RAIL, TRANSN,RH,25 FT, 136-1/4 WORN 115
TIE, TRK,IOFT,PRE-PLATED, PANDROL, 6IN, ROUND HOLE
TIE, TRK,GRADE 5,TREATED,HARDWOOD,8.5 FT
TRACK PANEL, 136 STANDARD RAIL, 40 FT- GRADE 5
WELDKIT, GENERIC FOR ALL RAIL WEIGHTS
TIES-
1200.0 NT **
2.0 PR **
2.0 PR **
400.0 LF **
2.0 EA
2.0 EA
20.0 EA **
121.0 EA
2.0 EA **
20.0 KT
$ 6492.0
$ 377M
$ 375.0
$ 8776.0
$ 2817.0
$ 2817.0
$ 2400.0
$ 5687.0
$ 8864.0
$ 1390.0
OTHER TOTALS FOR RFA
GANG TYPE
OTHER DESC QTY
UOM WO
BASE COST
NO GANG NEEDED
NO GANG NEEDED
CRANE RENTAL 1.0
LOADER RENTAL 1.0
Page 2 of 2
LS 0
LS 0
$ 4000
$ 12000
LOCATION
PLANITEM NUMBER
PROPERTY OF
OPERATED BY
JOINT FACILITY
% BILLABLE (+/-)
REQUESTOR ID
PROJECT TYPE
DOT NUMBER
YAKIMA To FLAGGING
PTR099164S
BNSF RAILWAY COMPANY
BNSF RAILWAY COMPANY
CITY OF YAKIMA
100.0
U225
PIP
099164S
CEPS PLAN ITEM DOCUMENT
FOR INTERNAL BNSF RAILWAY USE ONLY)
LINE SEGMENT 48 AFE NUMBER
MILEPOST 90.14 RFA NUMBER
DIVISION NW CPAR NUMBER
SUBDIVISION YAKIMA VALLEY BUDGET YEAR
ENGR. DIVISION NORTHWEST NORTH BUDGET CLASS
TAX STATE WA, CO' YAKIMA REPORTING OFFICE
MATL DATE SPONSOR
LOCATION CODE 513021 DEPT CODE
TRACK TYPE S DERAILMENT CODE
5915909
C8090109
2009
6
117
VP ENGINEERING
MOWGH
PURPOSE, JUSTIFICATION AND DESCRIPTION
FLAGGING - NORTHWEST NORTH DIV - YAKIMA VALLEY SUB - LS 48 - MP 90.14 - RDM VULGAS
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER
FLAGGING FOR MLK UNDERPASS
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO'
100% BILLABLE TO CITY OF YAKIMA - REQUESTOR RUSTY OLSON
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK
NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS.
PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND THESE
DEFINED TRACK LIMITS. ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST SUCH AS
YARDS.
THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND
OVERHEAD
CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS
BILLABLE TOTALS
LABOR COSTS
MATERIAL COSTS
OTHER COSTS
TOTALS
0
0
0
0
0 0 0
0 0
0 0 0
0 0 0
63,632 63,632
0 0
7,063
70,695
0
7,063
70,695
SYSTEM MAINTENANCE AND PLANNING - KANSAS CITY
ESTIMATE REF NUMBER PTR099164S - 1-59-2L
COSTING DATE 02/11/2009
PRINTED ON 01/04/2010
ESTIMATED BY STEFFEN
PRINTED BY STEFFEN
ACCT CST RSN PPE DESCRIPTION
QTY/ST OT U/M CASH NONCASH OPER REMOVAL
8 123 FLAGGING - OTHER R.O.W - CAP 640.00 160.0 MH 18,181
* LABOR SUBTOTAL
* ADDITIVES PAYROLL ASSOCIATED COSTS 12,521
EQUIPMENT EXPENSES 10,532
DA LABOR OVERHEADS 19,537
INSURANCE EXPENSES 2,861
18,181 0 0 0
* GANG SUBTOTAL FLAGMAN -1M - FLAGMAN, 1 MAN
63,632 0 0 0
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
PROJECT GROSS COST
LESS COST PAID BY OTHERS
PROJECT NET COST
63,632 0 0 0
6,363 0 0 0
700 0 0 0
70,695 0 0 0
70,695 0 0 0
0 0 0 0
**** ' MAINTAIN PROPRIETARY CONFIDENTIALITY *****
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF YAKIMA
LOCATION YAKIMA TO FLAGGING
DETAILS OF ESTIMATE
PLAN ITEM PTR099164S VERSION 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
FLAGGING - NORTHWEST NORTH DIV - YAKIMA VALLEY SUB - LS 48 - MP 90.14 - RDM VULGAS
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER
FLAGGING FOR MLK UNDERPASS
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO
100% BILLABLE TO CITY OF YAKIMA - REQUESTOR RUSTY OLSON
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK
NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS.
PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND THESE
DEFINED TRACK LIMITS. ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST SUCH AS
YARDS.
THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND
OVERHEAD
DESCRIPTION
QUANTITY U/M
COST TOTAL$
**********
LABOR
**********
FLAGGING - OTHER R.O W - CAP
PAYROLL ASSOCIATED COSTS
EQUIPMENT EXPENSES
DA LABOR OVERHEADS
INSURANCE EXPENSES
*************
MATERIAL
*************
**********
OTHER
**********
TOTAL LABOR COST
TOTAL MATERIAL COST
TOTAL OTHER ITEMS COST
800.0 MH
18,181
12,521
10,532
19,537
2,861
63,632 63,632
0 0
0 0
PROJECT SUBTOTAL 63,632
CONTINGENCIES 6,363
BILL PREPARATION FEE 700
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST
70,695
0
70,695
Amendment to BNSF-City of Yakima, WA Agreement BF578468
AMENDMENT
CONSTRUCTION AND MAINTENANCE AGREEMENT
BF -578468
Martin Luther King, JR Boulevard Underpass
(RR LS 048, MP 90.14)
City of Yakima, Washington
This Agreement Amendment, is executed to be effective as of this Z1'N'day of
Mor-avr- , 2013 ("Effective Date"), by and between BNSF RAILWAY
COMPANY, a Delaware corporation ("BNSF"), and the City of Yakima WA ("Agency"),
and amends Construction and Maintenance Agreement BF - 58688
between BNSF and the Agency, dated March 26th, 2010.
RECITALS:
WHEREAS, on January 18th, 2010, the Agency and BNSF entered into Agreement BF -
58688 related to construction of the Agency's Martin Luther King, JR Boulevard
Underpass (hereinafter "Original Agreement"); and
WHEREAS, subsequent to execution of the Original Agreement, the shoofly grading
which had been included as BNSF work and as such is not work normally performed by
BNSF forces and will now be performed by the Agency's contactor as part of the
Agency's work.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
parties contained herein, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows
1. The following replaces Article I Section 2 (By BNSF forces): (a) of the Original
Agreement:
By BNSF forces:
(a) BNSF will construct track, including ballast, ties, and rail for shoofly on
Agency constructed grade; Removal of main line track and redirecting railroad
traffic onto shoofly.
2. The following paragraphs shall be added to Article I Section 2 (By Agency's
Contractor):
By Agency's Contractor:
(g) Agency's Contractor will construct subgrade and sub -ballast grade for RR
shoofly.
Amendment to BNSF-City of Yakima, WA Agreement BF578468
(h) Agency's Contractor will remove sub -ballast and ballast from vacated
mainline track and replace sub -ballast.
3. The following replaces Article II Section 2: (a) of the Original Agreement:
(a) Construction of shoofly track including ballast, ties & rail only.
4. The following replaces Article II —Section 2 (h) of the Original Agreement:
(h) Removal of approximately 100' of mainline track and ties as required to build
the structure, and replacement of mainline track, including ballast, ties, and rail.
5. The following replaces Article III Section 6(a) of the Original Agreement:
(a) Shoofly grading & Structure. Shoofly grading will be completed by Agency's
Contractor. Structure construction will be done by Agency's Contractors with rail
traffic re -directed by BNSF to the newly constructed shoofly track.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by its duly qualified and authorized officials as of the day
and year first above written.
BNSF RAILWAY COMPANY
B
L
Printed Name: Richard Wagner
Title: Manager of Public Projects BNSF Railway NW Division
City of akima, W
By:
Printed Name:
Title:
CITY CONTRACFNO=2°/5 �
"ta
RESOLUTION NO:rr�v1a-�iiat
2