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Burlington Northern Santa Fe Railway (BNSF) - Overpass Agreement for Lewis Street Overpass BF10016090
DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 OVERPASS AGREEMENT BNSF File No. BF10016090 Lewis St Overpass U.S. D.O.T. No. 977800L LS 0046 MP145.69 Lakeside Subdivision This Agreement ("Agreement"), is executed to be effective as of MAY 3F)0)11 ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"), and the City of Pasco, a political subdivision of the State of Washington ("Agency"). RECITALS: WHEREAS, BNSF owns and operates a line of railroad in and through the City of Pasco, State of Washington; and WHEREAS, Agency desires to construct a new crossing at separated grades to be known as the Lewis St Overpass, D.O.T. No. 977800L. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I SCOPE OF WORK 1. The term "Project' as used herein includes any and all work related to the construction of the proposed Lewis Street Overpass (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. Additionally, temporary controls during construction must be in compliance with Section 8A-08, "Temporary Traffic Control Zones" of the Manual of Uniform Traffic Control Devices ("MUTCD"), U.S. Department of Transportation. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 ARTICLE II) BNSF OBLIGATIONS In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF agrees as follows: 1. Upon Agency's payment to BNSF of an administrative fee in the sum of Two Thousand and No/100 Dollars ($2,000), together with the Temporary Construction License Fee in the sum of $Two Hundred Seven Thousand Two Hundred Three and No/100 Dollars ($207,203), 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-1, excepting and reserving BNSF's rights, and the rights of any others who have obtained, or may obtain, permission or authority from BNSF, to do the following: a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said right-of-way; b) Construct, operate, maintain, renew and/or relocate upon said right-of-way, without limitation, such facilities as the BNSF may from time to time deem appropriate, 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; and d) Require the Agency or its contractor to execute a Temporary Construction Crossing Agreement, for any temporary crossing requested to aid in the construction of this Project. 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) 36 months following the Effective DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 Date. The Temporary Construction License and related rights given by BNSF to Agency in this provision are without warranty of title 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 for any other purpose than construction. 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. Upon Agency's payment to BNSF of the additional sum of $One Hundred Fifty Four Thousand Eight Hundred Ten and No/100 Dollars ($154,810), such payment to be made within thirty (30) days of issuing the Notice to Proceed pursuant to Article III, Section 16 of this Agreement, and provided further that Agency is in compliance with the term 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. 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 six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit D not specifically mentioned therein may be included as a part of this Agreement upon written approval of Agency, which approval will not be unreasonably withheld. Construction of the Project must include the following railroad work by BNSF- (a) NSF (a) Procurement of materials, equipment and supplies necessary for the railroad work; (b) Preliminary engineering, design, and contract preparation; DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 (c) Furnishing of flagging services during construction of the Project as required and set forth in further detail on Exhibit C; (d) Furnishing engineering and inspection as required in connection with the construction of the Project; (e) Providing a contract project coordinator, at Agency's expense, to serve as a project manager for the Project; (f) Track, signal, and telecom work to accommodate the Agency's demolition of the existing Lewis St Underpass; (g) If required, construction of a temporary pedestrian at -grade crossing and installation of automatic warning devices, at Agency's expense. (h) If required, temporary and/or permanent relocation of materials currently located in a storage area on the eastern side of the project site, at Agency's expense. 3. BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements. 4. Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or Agency's contractor in connection with the Project which BNSF deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse BNSF for all such emergency work. 5. BNSF may charge Agency for insurance expenses, including self-insurance expenses, when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if any. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 6. During the construction of the Project, BNSF will send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for completed force -account work within thirty (30) days of the date of the invoice for such work. Upon completion of the Project, BNSF will send Agency a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit D. Pursuant to this section and Article IV, Section 7 herein, Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. ARTICLE III AGENCY OBLIGATIONS In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows: 1. Agency must furnish to BNSF plans and specifications for the Project. Four sets of said plans (reduced size 11" x 17"), together with two copies of calculations, and two copies of specifications in English Units, must be submitted 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 manner with respect to the finished product design and/or construction. Any approval by BNSF shall mean only that the plans and specifications meet the subjective standards of BNSF, and such approval by BNSF shall not be 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. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of 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, in compliance with BNSF's Utility Accommodation Manual (hftp://www.bnsf.com/communities/facts/pdf/utility-pdf , for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project.. 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: (a) Construction of the Structure; (b) Demolition of the existing Lewis St Underpass a minimum of 6' below existing ground line; (c) All necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF's right-of-way; (d) Provide suitable drainage, both temporary and permanent; (e) Installation of a gate in the fence along the boundary of BNSF's right of way in order to provide BNSF with permanent access for maintenance purposes; DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 (f) Provide appropriate pedestrian control during construction; (g) Installation and maintenance of an 8 -ft. high fence and/or concrete combination (throw fence) on the outside barrier of the Structure; (h) Job site cleanup including removal of all construction materials, concrete debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF; 7. Agency must apply and maintain said D.O T. Crossing number 977800L in a conspicuous location on the Structure. 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. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF's applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF's Internet Website "www.BNSFContractor.com"; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF's Risk Management Department, Railroad Protective Liability insurance. 10. 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. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 11. Agency or its contractor(s) must submit four (4) copies of any plans (including two sets of calculations in English Units) for proposed shoring, falsework or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The shoring, falsework or cribbing used by Agency's contractor shall comply with the BNSF Requirements for construction of Grade Separation Projects set forth on Exhibit F and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. If necessary, Agency must submit for approval two (2) copies of a professionally engineered demolition plan, as set forth in Exhibit F, with applicable calculations to BNSF's Manager of Public Projects. The existing Lewis St Underpass will not be removed until BNSF approves Agency's demolition plan in writing. 12. Agency must include the following provisions in any contract with its contractor(s) performing work on said Project: (a) The Provider 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 Provider will be responsible for contacting BNSF's Engineering Representative — To Be Determined, BNSF's Signal Representative — Joseph Walton and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Provider must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The Provider must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) The Provider will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Provider must cooperate fully with any telecommunications company(ies) in performing such rearrangements. (C) Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering representative (To Be Determined) to stop construction at no cost to the Agency or BNSF until these items are completed. (d) In addition to the liability terms contained elsewhere in this Agreement, the Provider hereby indemnifies, defends and holds harmless BNSF for, from and against 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 Provider, 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 Provider, 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 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY PROVIDER WILL APPLY ONLY TO THE EXTENT OF THE NEGLIGENCE OF PROVIDER, ITS AGENTS OR EMPLOYEES, AND WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Provider's employees against BNSF, its agents, servants, employees or otherwise, and Provider expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. 13. Agency must require compliance with the obligations set forth in this agreement, including Exhibit C and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Article III and IV; and (ii) the provisions set forth in Exhibit C, Exhibit C-1, and Exhibit F attached hereto and by reference made a part hereof. 14. Except as otherwise provided below in this Section 13, all construction work performed hereunder by Agency for the Project will be pursuant to a contract or contracts to be let by Agency, and all such contracts must include the following: (c) 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; (d) Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; (e) No work will be commenced within BNSF's right-of-way until each of the prime contractors employed in connection with said work must have (i) executed and delivered to BNSF an agreement in the form of Exhibit C-1, and (ii) delivered to and secured BNSF's approval of the required insurance; and DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 (f) To facilitate scheduling for the Project, Agency shall have its contractor give BNSF's representative four (4) 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. (g) The plans and specifications for the Project must be in compliance with the BNSF Requirements for construction of Grade Separation Projects set forth on Exhibit F, attached to this Agreement and incorporated herein. 15. 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. 16. TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF WASHINGTON, AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (1) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) AGENCY'S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS AGREEMENT, (VI) AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT- DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 OF -WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE BY AGENCY, OR (VII) AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY AGENCY WILL APPLY ONLY TO THE EXTENT OF THE NEGLIGENCE OF AGENCY, ITS AGENTS OR EMPLOYEES, AND THIS WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Agency's employees against BNSF, its agents, servants, employees or otherwise, and Agency expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. 17. Agency must give BNSF's Manager of Public Projects written notice to proceed ("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. 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 written approval prior to the commencement of any such changes or modifications from the BNSF Engineering Contact. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 2. The work hereunder must be done in accordance with the BNSF Requirements for construction of Grade Separation Projects 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 of either BNSF or its related railroads, or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. 4. BNSF will have the right to stop construction work on the Project if any of the following events take place: (i) Agency (or any of its contractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or any of its contractors), in BNSF's opinion, prosecutes the Project work in a manner that is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Agency fails to pay BNSF for the Temporary Construction License or the Easement pursuant to Article II, Section 1 of this Agreement. The work stoppage will continue until all necessary actions are taken by Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division Engineer or until proof of additional insurance has been delivered to and accepted by BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, BNSF may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: 5. Agency must supervise and inspect the operations of all Agency contractors to ensure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of BNSF . If BNSF determines that proper supervision and inspection are DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 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 for appropriate corrective action. 6. Intentionally left blank. 7. Pursuant to this section and Article ll, Section 6 herein, Agency must reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement (including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes). 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 Title 23 U.S. Code, Title 23 Code of Federal Regulations, and the Federal -Aid Policy Guide, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. The parties mutually agree that BNSF's preliminary engineering, design, and contract preparation costs described in Article II, Section 2 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement. 9. The parties mutually agree that neither construction activities for the Project, nor future maintenance of the Structure once completed, will be permitted during the fourth quarter of each calendar year, unless authorized in writing by BNSF. Emergency work will be permitted only upon prior notification to BNSF's Network Operations Center (telephone number: 800 832-5452). The parties hereto mutually understand and agree that trains cannot be subjected to delay during this time period. 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 D.O.T Crossing No. 977800L 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) Agency will own and maintain, at its sole cost and expense, the Structure, the highway approaches, and appurtenances thereto, lighting, drainage and any DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 access roadways to BNSF gates installed pursuant to this Agreement. 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 must fully reimburse BNSF for the costs of maintenance performed by BNSF pursuant to this subsection (b) Agency and BNSF shall perform the necessary work to obtain the demolition and permanent closure of Lewis St Underpass. Such closure shall be completed by the 400th working day of the construction contract. If the closure and demolition of the Lewis St Underpass is not completed within 6 months of overpass substantial completion, BNSF may complete the demolition and permanent closure at Agency expense. (b) Agency must, at Agency's sole cost and expense, keep the Structure painted and free from graffiti. (c) 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. (d) 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. (e) Agency must keep the Structure and surrounding areas clean and free from birds, pigeons, scavengers, vermin, creatures and other animals. (f) 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 outside the limits of the deck of the Structure vertically above the top of the rail, then Agency or its contractors and/or agents must procure and maintain the following insurance coverage, which may be changed from time to time: DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 Railroad Protective Liability insurance naming only BNSF as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy shall be issued on a standard ISO form CG 00 35 12 04 and include the following: • Endorsed to include the Pollution Exclusion Amendment • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to remove any exclusion for punitive damages. • Endorsed to include Evacuation Expense Coverage Endorsement. • No other endorsements restricting coverage may be added. • The original policy must be provided to BNSF prior to performing any work or services under this Agreement • Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. As used in this paragraph, "BNSF" means "Burlington Northern Santa Fe, LLC", "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 to BNSF tracks for maintenance purposes. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 13. Agency must provide one set of as built plans (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 BNSF Requirements for construction of Grade Separation Projects 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. Subject to the restrictions imposed by Article IV, Section 9 above and in accordance with the requirements of Article II, Section 9 above, Agency must notify and obtain prior authorization from BNSF's Manager of Public Projects before entering BNSF's right-of-way for INSPECTION OR MAINTENANCE purposes, and the BNSF Manager of Public Projects will determine if flagging is required. If the construction work hereunder is contracted, Agency must require its prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as the same may be revised from time to time. Agency will be responsible for its contractor(s) compliance with such obligations. 15. In the event that BNSF shall deem it necessary or desirable in the future, in the performance of its duty as a common carrier, to raise or lower the grade or change the alignment of its tracks or to lay additional track or tracks or to build other facilities in connection with the operation of its railroad, BNSF shall, at its expense, have full right to make such changes or additions, provided such changes or additions do not change or alter the Structure herein proposed to be constructed and provided further, however, that should it become necessary or desirable in the future to change, alter, widen or reconstruct 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 the alteration of the Structure shall be the sole responsibility of BNSF. 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 receive BNSF's prior written approval as evidenced by either a supplement to this Agreement, or execution of a new agreement that provides for the termination of this Agreement. Furthermore, any alteration or reconstruction of the highway components of the Structure will be covered by a Commission Order 17. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 of the parties hereto, as well as the State of Washington and the Federal Highway Administration, for a period of one (1) year from the date of the final BNSF invoice under this Agreement. 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 24 months of the Effective Date, this Agreement will become null and void. 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 herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 BNSF Railway Company: BNSF's Manager of Public Projects Agency: 2454 Occidental Ave S, Suite 1A Seattle, WA 98134 City of Pasco CIP Manager 525 N. 3rd Avenue Pasco, WA 99301 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 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 DocuSigned by: By. t�' �°alSw�uSSt,ln. Printed Name: Craig Rasmussen Title: Asst VP, Engineering services & Structures AGENCY CITY OF PASCO }�.DocuSigned by: By: 8F29ABA2DDBA4EC... 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Q LLN O w ° L oz rc i 1 I i m - 'G I '_ • _ '- w �a m `JI i Z wl rwa w �i O ��ww ma .!5E Y�f r _. {I 1- pm Pa wgol I! O mpta o� 0mm LJ Wmy p O N w°< rolr- m3 °a y2N a z wz H ¢ 0Op ..9 ..Z O H Q¢ O x U Z r ¢ F I W a• x� f � o �J mg a T'a m uW'1`)B Sd OZOOca[911�aseNeu.WSewTJ�nlann5ucw5WYv�ecea�oM �eeg5 cWl UO'Bc-0k5wW0 YxxawsN 161111suaiuM?IWdWVJOT� Wd Wo1l 61aULllll va N O DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 EXHIBIT B EASEMENT AGREEMENT Lewis Street Overpass — Pasco, Washington (Overpass Agreement) THIS EASEMENT AGREEMENT FOR AERIAL, BRIDGE INSPECTION AND MAINTENANCE, PIER, AND 15 -FOOT ACCESS (BRIDGE MAINTENANCE AND INSPECTION) PURPOSES ("Easement Agreement") is made and entered into as of the day of 20_ ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and THE CITY OF PASCO, a Washington municipal corporation ("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of Pasco, County of Franklin, State of Washington, at Mile Post 145.63, Line Segment 46, as described or depicted on Exhibit "A" attached hereto and made a part hereof (the "Premises"). B. Agreement"). Grantor and Grantee have entered into that certain Overpass Agreement dated as of concerning improvements on or near the Premises (the "Overpass C. Grantee has requested that Grantor grant to Grantee an easement over, across, under and upon the Premises for the Easement Purposes (as defined below). D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set forth in this Easement and in the Overpass Agreement incorporated herein as if fully set forth in this instrument which terms shall be in full force and effect for purposes of this Easement even if the Overpass Agreement is, for whatever reason, no longer in effect. NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.- Section ollows: Section 1 Granting of Easement. 1.1 Easement Purposes. The "Easement Purposes" shall be for permanent aerial, bridge inspection and maintenance, pier, and 15 -foot access (bridge maintenance and inspection), as depicted on Exhibit "A" and legally described in Exhibit "A-1". Any improvements to be constructed in connection with the Easement Purpose are referred to herein as 'Improvements" and shall be constructed, located, configured and maintained by Grantee in strict accordance with the terms of this Easement Agreement and the Overpass 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 restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders, including Environmental Laws (defined below) and zoning laws (collectively, "Laws"). 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 Overpass Agreement. 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor and any other parties who may obtain written permission or authority from Grantor: (a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and Form 7040verpass; Rev. 8/17/11 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 appurtenances and other facilities or structures of like character (collectively, "Lines") upon, over, under or across the Premises; (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and (c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate, provided Grantor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Grantee for the Easement Purpose. Section 2 Term of Easement. The term of the Easement, unless sooner terminated under provisions of this Easement Agreement, shall be perpetual. Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the Improvements. Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder. Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their Form 7040verpass; Rev. 8/17/11 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 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 premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire. Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi - governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Grantor, including all of Grantor's legal fees and expenses. Section 7 Environmental. 7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any Environmental Laws. 7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release or violation. 7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a release or violation of Environmental Laws which occurred or may occur 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. If during the construction or subsequent maintenance of the Improvements, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. 7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with the above - stated obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor Form 704Overpass; Rev. 8/17/11 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 may, at its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon Grantee. Upon termination, Grantee shall remove the Improvements and restore the Premises as provided in Section 9. Section 8 Default and Termination. 8.1 Grantor's Performance Ri hts. If at any time Grantee, or Grantee's Contractors, fails to properly perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or remove any interference with the activities or property of Grantor, or anyone or anything present on the rail corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this Easement Agreement. 8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to terminate this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way affect Grantor's ability to enforce any section of this Easement Agreement. 8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises are restored as required by Section 9. 8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be in addition to, and not in limitation of, any other remedies that Grantor may have under the Overpass Agreement, at law or in equity. Section 9 Surrender of Premises. 9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement, whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense, immediately perform the following: (a) remove all or such portion of Grantee's Improvements and all 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 Ent;;. If this Easement Agreement is terminated, Grantor may direct Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee shall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement Agreement. Termination will not release Grantee from any liability or obligation under this Easement Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, 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 Form 704Overpass; Rev. 8/17/11 4 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 the Premises are surrendered Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 10 or any other section of this Easement Agreement. Section 11 Tax Exchanq . Grantor may assign its rights (but not its obligations) under this Easement Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an exchange under Section 1031 of the Internal Revenue Code. In such event, Grantor shall provide Grantee with a Notice of Assignment, attached as Exhibit G, and Grantee shall execute an acknowledgement of receipt of such notice. Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall be delivered in the manner set forth in the Overpass Agreement. Notices to Grantor under this Easement shall be delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft. Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to Grantee. Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in recordable form and shall not be placed on public record and any such recording shall be a breach of this Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes required, if any, to conform such form to local recording requirements. Once Grantor and Grantee have approved the legal descriptions, Grantor and Grantee shall execute a Memorandum of Easement in the form attached hereto as Exhibit "B" (the "Memorandum of Easement"). The Memorandum of Easement shall be 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 thirty (60) 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 parties, all the covenants and agreements of Grantee herein contained shall be the joint and several covenants and agreements of such parties. This instrument and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon each of the parties hereto and their respective legal representatives, successors and assigns and shall run with and be binding upon the Premises. 14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. Form 704Overpass; Rev. 8/17/11 5 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 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 the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. 14.6 Time is of the essence for the performance of this Easement Agreement. ADMINISTRATIVE FEE 15. Grantee acknowledges that a material consideration for this agreement, without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of $2,000.00 over and above the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a separate check. [Signature page follows] Form 704Overpass; Rev. 8/17/11 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 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: THE CITY OF PASCO, a Washington municipal corporation By: Name: - DocuBigned by: . 8F28ABA2DDBA4EC... David zabell Title: City Manager Form 7040verpass; Rev 8/17/11 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 EXHIBIT "A" �0 m4A4SFinaMb^o�r4rwnbfe�sCMm1m �N,i Rn wr'Y aevvry.�,saa,eroram�»rotiws�no,tanuMmY.enlr �mnsM wawrwm n �o ZO Z and iso P N 2 Z 1 9 r and�sti 8 _�a�HIM 6��0 tv;P M a .0 i opal4 is of m� .eao+•�N Q IXS w P Fg lsp $w n rx a m O w r CPN 7 X m8 � DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 EXHIBIT "A-1" Legal Description Included In Executed Easement Agreement DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 EXHIBIT "B" MEMORANDUM OF EASEMENT DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 MEMORANDUM OF EASEMENT THIS MEMORANDUM OF EASEMENT is hereby executed this day of , 20_, by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), whose address for purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 76131, and THE CITY OF PASCO, a Washington municipal corporation ("Grantee"), whose address for purposes of this instrument is - 525 N 31d Avenue, Pasco, WA 99301, which terms "Grantor" and "Grantee" shall include, wherever the context permits or requires, singular or plural, and the heirs, legal representatives, successors and assigns of the respective parties: WITNESSETH: WHEREAS, Grantor owns or controls certain real property situated in Franklin County, Washington as described or depicted on Exhibit "A-V attached hereto and incorporated herein by reference (the "Premises'); WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated , 20_ (the "Easement Agreement") which set forth, among other things, the terms of an easement granted by Grantor to Grantee over and across the Premises (the "Easement"); and WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the Easement Agreement of record. For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor does grant unto Grantee and Grantee does hereby accept from Grantor the Easement over and across the Premises. The term of the Easement, unless sooner terminated under provisions of the Easement Agreement, shall be perpetual. All the terms, conditions, provisions and covenants of the Easement Agreement are incorporated herein by this reference for all purposes as though written out at length herein, and both the Easement Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or document. This Memorandum of Easement is not intended to amend, modify, supplement, or supersede any of the provisions of the Easement Agreement and, to the extent there may be any conflict or inconsistency between the Easement Agreement or this Memorandum of Easement, the Easement Agreement shall control. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to as of the date and year first above written. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Title: STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of _ , 20_, by (name) as (title) of BNSF RAILWAY COMPANY, a Delaware corporation. Notary Public My appointment expires: (Seal) Vj DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 GRANTEE: THE CITY OF PASCO, a Washington municipal corporation DocuSigned by: By: 8F29ABA2DDBA4EC... Name: David zabel l Title: city Manager STATE OF § COUNTY OF § This instrument was acknowledged before me on the day of 20_, by (name) as (title) of _ _, a Notary Public My appointment expires: (Seal) 3 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 EXHIBIT "A-1" Legal Description Included In Executed Easement Agreement DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General: • 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 Lewis Street Overpass. • 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. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway 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) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 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 Agency at and Railway's Manager Public Projects, telephone number (206) 625-6152 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file _ 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 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 structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current "BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. 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. 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.BNSFContractor.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 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 Agency. • 1.03.02 The Contractor must notify the Railway's Division Engineer Wesley Pruitt at 509- 536-2545 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'-0" 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' 6" 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 the Agency and must not be undertaken until approved in writing by the Railway, and until the Agency 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 Agency. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 • 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 Agency 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 Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across 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 constructed and, at the completion of the project, removed 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 Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan: • 1.04.01 Each Contractor that will 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.BNSFContra� , 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. 1.04.02 Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad under this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad's property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad's Employees, Hazardous Materials on Railroad's property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at www.everifile.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad's designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e-RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railroad's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 1.05 Railway Flagger Services: 1.05.01 The Contractor must give Railway's Roadmaster (telephone 406-256-4079) 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 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, upon inspection by Railway's Representative, other conditions warrant. 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 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. 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 flaggers. 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 flagger services provided by the Railway will be borne by Agency. The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway 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 freight trains per 24-hour period at a timetable speed MPH and passenger trains at a timetable speed of 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 any track, the job briefing must include the DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 Railway's flagger, 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 flagger, (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 flagger 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 Railway'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 Railway's 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 Railway's 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 reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. 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.BNSFContractor.com, 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 Railway'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 OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 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 RAILWAY'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 all 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 operations 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 (Bruce Sparling). All underground and overhead wires will be considered 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 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 in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. 0 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 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) exercise 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. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train (C) F-1 Non-employee (N) (i.e., emp afanotherrailroad, ap non gUempinvalvedin vehic%accident, including company vehicles) ❑ Contractor/safety sensitive (F) F—] Contractor/non-safety sensitive (G) ❑ Volunteer/safety sensitive (H) ❑ Volunteer/other non -safety sensitive (1) ❑ Non -trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates ❑ Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates ❑ Non -trespasser (J) - Off railroad property If train involved, Train ID: Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-Reporting.Conter[@BNSF.com Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND B3 U.S.C. 490 DocuSign Envelope ID: 387AF866-3A36-46D5-93ENUN3tM1JLUTtt rt11SONAL INJURY DATA COLLECTION INFORMATION NEDUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. I. Accident City/St: 2. Date: County: S. Temperature: (if non BNSF location) Mile Post / Line Segment: 5. Driver's License No (and state) or other ID: B. Name (last, first, mi): 7. Address: B. Date of Birth: 'hone Number: 9. Injury: (i.e., Laceration, etc.) II. Description of Accident (To include location, action, result, etc.): 12. Treatment: First Aid Only 1-1 Required Medical Treatment Other Medical Treatment SSN (required): City: St: and/or Age: Gender: (if available) Employer: 10. Body Part: Time: 4. Weather (i.e., Hand, etc.) Zip: 13. Dr. Name: Date: 14. Dr. Address: Street: City: St: Zip: 15. Hospital Name: IG. Hospital Address: Street: o. 7: - REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS 17. Diagnosis: — AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 JIBIT "C-1" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR Railway File: Agency Project: [Insert contractor's legal name here](hereinafter called "Contractor"), has entered into an agreement (hereinafter called "Agreement") dated . 2020, [insert the date of the contract between the Agency and the Contractor here] with Com_ of Paso for the performance of certain work in connection with the following project:Lewis Street Overpass. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and property (hereinafter called "Railway Property"). The Agreement provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for City of Pasco (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, has agreed and does hereby agree with Railway as follows: 1) RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE_E939954CBF87 ___ims, costs, damages, or expenses which maybe caused by the sole negligence of Railway or its contractors, agents or employees; Provided, that if the claims or damages are caused by or result from the concurrent negligence or other acts or omissions of (a) Railway, its contractors, agents or employees and (b) Contractor, its subcontractors, agents or employees, this provision shall be valid and enforceable only to the extent of the negligence of the Contractor, its subcontractors, agents or employees. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Contractor's employees against Railway, its agents, servants, employees or otherwise, and Contractor expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. 2) TERM This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 3) INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. DocuSign Envelope IDv387AF866-3A36-46D5_93E6E939954CBF8.. __ ance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. A. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 ^_ Dn for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, any self-insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments The certificate should be directed to the following address: DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 ailway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSFO)certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. DocuSign Envelope ID: 387AF866-3A36-46D5.93EE-E939954CBF87jmltatlOn, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway shall mean "Burlington Northern Santa Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. 4) SALES AND OTHER TAXES In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway ("Sales Taxes"), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway; provided, however, that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in Railway's own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if DocuSign Envelope ID: 387AF866-3A36-46D6-93EE-E939954CBF87 any such Sales Tax In its own name, Contractor shall, If requested by Railway at Railway's sole cost and expense, contest in Contractor's own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor 1) EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit "C" attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement ( ;;_ ww.bnsf.com/communities/fags/permits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 2) 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). DocuSign Envelope ID: 387AF866.3A36-46D5-93EE-E939954CBF87 _ _ _ g 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. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. Contractor and its subcontractors must give Railway's representative Bruce Sparling 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. DocuSign Envelope ID: 387AF866_3A36;46D5-93EE-E939954CBF87 _o has caused this Agreement to be executed by Its duly authorized officer the day and year first above written. <%Contractor.LegalName%> BNSF Railway Company By: Printed Name: Title: Contact Person: Address: City: _ State: Zip. Fax Phone: E-mail: By: Name: Manager Public Projects Accepted and effective this day of 20_ DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 EXHIBIT D DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 BNSF Signal Estimate - $100,000 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 LOCATION: PASCO AMTRAK S PLANITEM NUMBER : 235120000 PROPERTY OF: BNSF RAILWAY COMPANY OPERATED BY: BNSF RAILWAY COMPANY JOINT FACILITY: CITY OF PASCO % BILLABLE (+/-) : 100.0 PURPOSE, JUSTIFICATION AND DESCRIPTION AUTHORITY FOR EXPENDITURE LINE SEGMENT: 46 MILEPOST: 145.699 DIVISION: NW SUBDIVISION: LAKESIDE TRACK TYPE: 3 TAX STATE: WA SPONSOR: VP ENGINEERING AFE NUMBER: RFA NUMBER: 5950120 CPAR NUMBER: CB960020 BUDGET YEAR: 2020 BUDGET CLASS: 6 REPORTING OFFICE: 716 CENTER/ROLLUP : S3511 INSP - NWE DIV LAKESIDE SUB LS 46 MP 145.699 - DOT# 977800L - 100% BILLABLE TO CITY OF PASCO - INSPECTION ESTIMATE FOR THE LEWIS ST OP IN PASCO, WA PRIMARY FUNDING SOURCE IS STATE PLAN ITEM LINE SEG BEG MP END MP TRK NBR BEGIN STATION END STATION PROJECT TYPE BUD YEAR 235120000 46 145.699 145.699 3 PASCO AMTRAK PASCO AMTRAK S INSPECTOR / COORDINATOR 2020 CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS LABOR COSTS 0 0 0 0 0 0 MATERIAL COSTS 0 0 0 0 0 0 OTT4FR CnSTS 0 0 0 0 381.907 381,907 0 SYSTEM MAINTENANCE AND PLANNING ESTIMATE REF. NUMBER: 5950120 COSTING DATE: 07/23/2020 Page 1 of 2 PRINTED ON: 07/23/2020 ESTIMATED BY: SAVARD PRINTED BY: SAVARD DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** BNSF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF PASCO LOCATION PASCO AMTRAK S DETAILS OF ESTIMATE PLAN ITEM : 235120000 VERSION: I PURPOSE, JUSTIFICATION AND DESCRIPTION INSP - NWE DIV LAKESIDE SUB LS 46 MP 145.699 - DOT# 977800L - 100% BILLABLE TO CITY OF PASCO INSPECTION ESTIMATE FOR THE LEWIS ST OP IN PASCO, WA REQUESTED BY STEPHEN SEMENICK 7/16/2020 PRIMARY FUNDING SOURCE IS STATE DESCRIPTION QUANTITY U/M COST TOTAL $ LABOR TOTAL LABOR COST 0 0 »ssss»s**»»s* MATERIAL TOTAL MATERIAL COST 0 0 OTHER INSPECTORCOORDINATOR 1.0 DAY 343,750 TOTAL OTHER ITEMS COST 343,750 343,750 PROJECT SUBTOTAL 343,750 CONTINGENCIES 34,375 BILL PREPARATION FEE 3,782 GROSS PROJECT COST 381,907 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 381,907 Page 2 of 2 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 LOCATION: PASCO AMTRAK S PLANITEM NUMBER: 236401000 PROPERTY OF: BNSF RAILWAY COMPANY OPERATED BY; BNSF RAILWAY COMPANY JOINT FACILITY : CITY OF PASCO % BILLABLE (+/-) : 100.0 PURPOSE, JUSTIFICATION AND DESCRIPTION AUTHORITY FOR EXPENDITURE LINE SEGMENT: 46 MILEPOST: 145.699 DIVISION: NW SUBDIVISION: LAKESIDE TRACK TYPE: 3 TAX STATE: WA SPONSOR: VP ENGINEERING AFE NUMBER: RFA NUMBER: 5950020 CPAR NUMBER: CB960020 BUDGET YEAR : 2020 BUDGET CLASS : 6 REPORTING OFFICE: 716 CENTER/ROLLUP : S3511 FLG - NWE DIV LAKESIDE SUB LS 46 MP 145.699 - DOT# 977800L - 100% BILLABLE TO CITY OF PASCO - FLAGGING ESTIMATE FOR LEWIS ST OP PROJECT IN PASCO, WA PRIMARY FUNDING SOURCE IS STATE PLAN ITEM LINE SEG BEG MP END MP TRK NBR BEGINSTATION END STATION PROJECT TYPE BUD YEAR 236401000 46 145.699 145.699 3 PASCO AMTRAK PASCO AMTRAK S FLAGGING 2020 CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS LABOR COSTS 0 0 0 0 382,012 382,012 MATERIAL COSTS 0 0 0 0 0 0 OTUFu encTs n 0 0 0 75,734 75,734 SYSTEM MAINTENANCE AND PLANNING ESTIMATE REF. NUMBER: 5950020 COSTING DATE: 07/23/2020 Page 1 of 2 PRINTED ON: 07/23/2020 ESTIMATED BY: SAVARD PRINTED BY: SAVARD DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** BNSF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF PASCO LOCATION PASCO AMTRAK S DETAILS OF ESTIMATE PLAN ITEM : 236401000 VERSION: 1 PURPOSE, JUSTIFICATION AND DESCRIPTION FLG - NWE DIV LAKESIDE SUB LS 46 MP 145.699 - DOT# 977800L - 100% BILLABLE TO CITY OF PASCO FLAGGING ESTIMATE FOR LEWIS ST OF PROJECT IN PASCO, WA REQUESTED BY STEPHEN SEMENICK 7/162020 PRIMARY FUNDING SOURCE IS STATE DESCRIPTION QUANTITY U/M COST TOTAL $ LABOR FLAGGING - PUBLIC CROSSING - CAP 3600.0 MH 121,800 PAYROLL ASSOCIATED COSTS 79,620 DA OVERHEADS 132,189 EQUIPMENT EXPENSES 27,088 INSURANCE EXPENSES 21,315 TOTAL LABOR COST 382,012 382,012 MATERIAL TOTAL MATERIAL COST 0 0 OTHER RENTAL VEHICLE 300.0 DAY 30,000 TOTAL OTHER ITEMS COST 30,000 30,000 PROJECT SUBTOTAL 412,012 CONTINGENCIES 41,201 BILL PREPARATION FEE 4,533 GROSS PROJECT COST 457,746 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 457,746 Page 2 of 2 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 LOCATION: PASCO AMTRAK S PLANITEM NUMBER: 236771000 PROPERTY OF: BNSF RAILWAY COMPANY OPERATED BY: BNSF RAILWAY COMPANY JOINT FACILITY : CITY OF PASCO % BILLABLE (+/-) : 100.0 AUTHORITY FOR EXPENDITURE LINE SEGMENT: 46 MILEPOST: 145.669 DIVISION: NW SUBDIVISION: LAKESIDE TRACK TYPE: 9 TAX STATE: WA SPONSOR: VP ENGINEERING APE NUMBER: RFA NUMBER: 5900622 CPAR NUMBER: C0000009 BUDGET YEAR : 2022 BUDGET CLASS : 6 REPORTING OFFICE: 716 CENTER/ROLLUP : 29125 PURPOSE, JUSTIFICATION AND DESCRIPTION PIP NWE DIV LAKESIDE SUB LS 46 MP 145.669 - 100% BILLABLE TO CITY OF PASCO -- TRACK ESTIMATE TO ACCOMMODATE REMOVAL AND REPLACEMENT OF TRACKS SPANNING THE EXISTING LEWIS ST UNDERPASS. PLAN ITEM LINE SEG BEG MP END MP TRK NBR BEGIN STATION END STATION PROJECT TYPE BUD YEAR 236771000 46 145.669 145.669 9 PASCO AMTRAK PASCO AMTRAK S PUBLIC IMPROVEMENT PROJECT 2022 LABOR COSTS MATERIAL COSTS OTHER COSTS 0 0 0 0 0 0 0 0 0 0 136,892 0 238,739 0 60,150 136,892 238,739 60,150 TOTALS 0 0 0 0 435,781 435,781 SYSTEM MAINTENANCE AND PLANNING PRINTED ON: 02/02/2021 ESTIMATE REF. NUMBER: 5900622 ESTIMATED BY: JONES COSTING DATE: 01/01/2022 PRINTED BY: JONES Page 1 of 2 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** BNSF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF PASCO LOCATION PASCO AMTRAK S DETAILS OF ESTIMATE PLAN ITEM : 236771000 VERSION: 1 PURPOSE, JUSTIFICATION AND DESCRIPTION PIP NWE DIV LAKESIDE SUB LS 46 MP 145.669 - 100% BILLABLE TO CITY OF PASCO TRACK ESTIMATE TO ACCOMMODATE REMOVAL AND REPLACEMENT OF TRACKS SPANNING THE EXISTING LEWIS ST UNDERPASS. REQUESTOR: STEPHEN SEMENICK 1/21/21 DESCRIPTION QUANTITY U/M COST TOTAL $ LABOR PLACE FIELD WELDS - CAP 256.0 MH 8,781 REMOVE TRACK 43.2 MH 1,573 REPLACE TURNOUT(S) - CAP 500.0 MH 17,653 SIGNAL LABOR - CAP 40.0 MH 1,693 SURFACE TRACK - REPLACEMENT - CAP 192.0 MH 6,382 UNLOAD BALLAST - REPLACEMENT - CAP 30.0 MH 967 UNLOAD TURNOUT - REPLACEMENT - CAP 80.0 MH 2,835 PAYROLL ASSOCIATED COSTS 26,069 DA OVERHEADS 43,283 EQUIPMENT EXPENSES 20,679 INSURANCE EXPENSES 6,977 TOTAL LABOR COST 136,892 136,892 MATERIAL k#k##k######k BALLAST, FOR GENERIC USE ONLY 500.0 NT ** 5,270 JOINT, COMPROMISE, 115 LB/112 LB, RH, 1R & 2R 12.0 PR ** 4,824 PNL TRK, 40FT,115SC,8FT 6IN,PNDRL,WOOD LO EA ** 5,467 PNL TRK, 40FT,136SC,8FT 6IN,PNDRL,WOOD 8.0 EA ** 44,920 RAIL, TRANSN,BE,40 FT,136 - 1/4 WORN 132 12.0 EA 10,836 SIGNAL MATERIAL 1000.0 EA 1,000 TURNOUT 09-115 RH MAN RBM FROG 16.6 PT 1.0 EA ** 62,245 TURNOUT 09-136 LH MAN RBM 16.6 PT 1.0 EA ** 62,570 WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 30.0 KT ** 2,250 MATERIAL HANDLING 9,966 ONLINE TRANSPORTATION 7,754 USE TAX 19,256 OFFLINE TRANSPORTATION 2,381 TOTAL MATERIAL COST 238,739 238,739 OTHER #####*#### EQUIPMENT RENTAL - TURNOUT 2.0 LS 20,000 TOTAL OTHER ITEMS COST 20,000 20,000 PROJECT SUBTOTAL 395,631 CONTINGENCIES 35,835 BILL PREPARATION FEE 4,315 GROSS PROJECT COST 435,781 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 435,781 Page 2 of 2 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 `xhibit E Date: Mr./Ms. [Public Projects Manager's letterhead] _[Name of Agency Here] [Address for Agency] Re: Final Approval of Plans and Specifications dated , 20_, drafted by J -U -B Engineers, Inc.] (hereinafter called, the "Plans and Specifications") Dear This letter serves as BNSF RAILWAY COMPANY's ("BNSF") final written approval of the Plans and Specifications covering the construction of Lewis Street Overpass. This final written approval is given to the City of Pasco ("Agency") pursuant to Article III, Section 1 of that certain Underpass Agreement between BNSF and Agency, dated , 20_, which this Exhibit E is attached to and made a part thereof. 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. It is understood that the approvals contained in this letter do not cover, the approvals of plans and specifications for any falsework, shoring, and demolition that may be subsequently submitted to BNSF by CITY or its contractor for approval. BNSF has not reviewed the design details or calculations for structural integrity or engineering accuracy. BNSF accepts no responsibility for errors or omissions in the design of the protect. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 Stephen Semenick DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 EXHIBIT F Grade Separations (FOR USE /N ANY C&M AGREEMENT FOR CONSTRUCTION OF AN OVERPASS OR AN UNDERPSS INITIATED BYA PUBLIC AGENCY) BNSF PROCESS REQUIREMENTS FOR DESIGN & CONSTRUCTION OF GRADE SEPARATION PROJECTS BY A PUBLIC AGENCY ON BNSF RIGHT OF WAY, WHICH IMPACT BNSF PROPERTY OR OPERATIONS 1.01 General: 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 Lewis Street Overpass • 1.01.02 Definitions: • Operationally Critical, (OC): defined as Work that requires a submittal and acceptance by BNSF, which impacts, or could impact BNSF operations, on BNSF right-of-way or adjacent to it. Acceptance: BNSF's response to plan submittals indicating a notice to proceed with work in the field; Disclaimer for Acceptance: *BNSF has reviewed these submittals and no exceptions are taken with regard to BNSF's ability to use or accommodate the project as intended. BNSF has not reviewed the design details or calculations for structural integrity or engineering accuracy. BNSF accepts no responsibility for errors or omissions in the design or execution of the project. Inspector/Coordinator, (I/C): A third party consultant which BNSF hires to assist in the coordination of the project on BNSF's behalf. When referenced, 11C" refers to the I/C team consisting of I/C-I, I/C- II, and the Resident Engineer (RE). The I/C team's role is to ensure the project is constructed per accepted* plans and specifications for that portion of the project on BNSF right of way, as it affects BNSF. The I/C will monitor construction activities to ensure that improvements used by BNSF meet all requirements of BNSF, and accommodate railroad operations. • 1.01.03 The following submittals and actions are required by BNSF prior to Oi)erationall Critical, (OC) Work being performed on BNSF property or above tracks being operated by BNSF Railway: 2.01 Submittals and Actions Required During the Project Design Phase: • 2.01.01 The Agency shall be the main contact for BNSF throughout the project. Agency shall be included on all correspondence relating to BNSF. • 2.01.02 Required Design Submittals: (Allow for 4 weeks for BNSF to review design submittals) DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 UP/BNSF Guidelines on Grade Secaration Proiects when designing a erade separation which will impact BNSF Railway_. Agency will be required to submit plans for BNSF review and comment. Plans shall not be labeled "final" until all comments have been addressed and BNSF has accepted* the plans. Examples of required design submittals may be, but are not limited to: Concept, vertical profile of Top of Rail, 30% plans and final plans The following submittals will require a Professional Engineer, (PE) stamp: Overpass design Underpass design Hydraulic study Any non-standard design of a structure which will carry train loading Work covered by a submittal shall not be performed in field without receiving Acceptance from BNSF Work windows will not exceed 6 hours, so project should be designed accordingly. The following Disclaimer applies to BNSF acceptance of Agency design plans: *BNSF has reviewed these submittals and no exceptions are taken with regard to BNSF's ability to use or accommodate the project as intended. BNSF has not reviewed the design details or calculations for structural integrity or engineering accuracy. BNSF accepts no responsibility for errors or omissions in the design or execution of the project. 3.01 Submittals and Actions Required During the Construction Phase: • 3.01.01 The Agency shall be the main contact for BNSF throughout the project. Agency shall be included on all correspondence relating to BNSF. BNSF will NOT accept submittals directly from the Agency's Contractor. • 3.01.02 BNSF will hire a consultant team to perform the duties of an Inspector/Coordinator, (I/C) on behalf of BNSF for the duration of the field construction of the project. The cost of the I/C will be reimbursable to BNSF by the Agency or their Contractor. BNSF requires the I/C team be involved in the project throughout the construction phase to represent BNSF. DocuSign Envelope ID: 387AF866-3A36 46D5-93EE_E939954CBF87 is employee from BNSF property if that employee fails to comply with the BNSF safety policy, does not have proper PPE or otherwise ignores instructions regarding work on BNSF right-of-way. The I/C has authority to shut down work on BNSF right-of-way if the contractor works in a manner that is in violation of BNSF's safety policy or FRA regulations. Anytime instructions to the contractor by BNSF or the I/C are not complied with, the project may be shut down. All equipment and personnel will be removed from BNSF property until issues causing the shutdown are resolved to BNSF's satisfaction. • 3.01.03 Agency must hold a pre -construction meeting with contractor and BNSF prior to work beginning on BNSF property. The Pre -Construction meeting shall not be held until 30 days after I/C has been selected — this allows time for the I/C to become familiar with the project. Recommend scheduling two weeks prior to construction commencing to allow for adjustment to work plans, if needed. • 3.01.04 Required Construction Submittals:: (Allow for 4 weeks for BNSF to review submittals) All submittals should flow from the Contractor to the Agency, to the I/C Consultant, to the BNSF Project Engineer, (PE), and to BNSF Structures with responses back through the same communication chain. BNSF will not accept submittals directly from the Contractor. Any changes to the work governed by a submittal requires that the submittal be re -accepted* by BNSF before the work commences. Examples of construction submittals required include but are not limited to: Contractors Safety Action Plan, Fire Prevention Plan, Proposed Project Schedule, Demolition, Shoring, Falsework and Lifting of Materials. The following submittals will require a Professional Engineer, (PE) stamp: Critical Pick Plan (75% of capacity of crane, or multi -crane pick) Lifted Material Plan (Placement or Removal) — When lift is within temporary construction clearances and when list is within 25' of the centerline of the nearest track Demolition Plan DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 Bracing Design Plan (non-standard only per DOT) For overpasses, Agency shall submit as -built plans of the structure, including final clearance dimensions to the I/C. Vertical clearance must be measured from the Top of Rail, horizontal clearance must be measured from the nearest track centerline. OPERATIONALLY CRITICAL WORK AND SUBMITTALS: (4 to 6 weeks review timeline) All OC work Le juires a submittal and acceptance* by BNSF. • Operationally Critical (OC) submittals are those that have the potential to affect the safe operation of trains and will need to be reviewed carefully. Work must be monitored to ensure it conforms to the submitted/accepted* plan. • In-person safety review meetings will be required with BNSF representative, I/C, Contractor and Agency representative for all OC work and must be documented. The purpose of the meeting is to ensure all parties understand BNSF requirements and are following the applicable submittals. When a track work window is required the meeting shall occur at least 48 hours in advance of work starting. • Submittals must meet the requirements of the UP Railroad - BNSF Railway Guidelines for Railroad Grade Separation Projects. Submittals must also follow the requirements outlined in BNSF Review Comment Sheets, Use of Cranes & Lifting of Materials Submittal Schedule, BNSF Guidelines for Preparation of Bridge Demolition & Removal Plan and the BNSF-UPRR Guidelines for Temporary Shoring. Some submittals are required to be sealed by a licensed professional enU_ineer. a. See Table 3-1 for Overhead Structures in UP Railroad - BNSF Railway Guidelines for Railroad Grade Separation Projects b. See Table 3-2 for Underpass Structures UP Railroad - BNSF Railway Guidelines for Railroad Grade Separation Projects c. Examples of OC submittals included in the above are: i. Shoring (Follow BNSF-UPRR Guidelines for Temporary Shoring) ii. Falsework iii. Demolition (Need plans for substructure and superstructure. Follow BNSF Guidelines for Preparation of Bridge Demolition & Removal Plan) iv. Erection (overhead and underpass structures) v. Construction Phasing Plans d. Additional OC submittals required, but not included in the Guidelines are: i. All work plans that remove tracks from service (track outage windows require a detailed Gantt chart when greater than 2 hours) ii. Contingency plans iii. Additional OC submittals may be required on a project by project basis. For underpasses and other railroad bridges, as required in Sections 4.11 and 4.12 of the UP Railroad - BNSF Railway Guidelines for Railroad Grade Separation Projects, a RE will be on site full-time during construction, at DocuSign Envelope ID_ 387AF866-3A36-46D5-93EE-E939954CBF87 _ as accepted by BNSF, an I/C-I or I/C-II maybe assigned for field duties where the work is not critical to ensuring the bridge is built to accepted project plans and specification. BNSF requires temporary and new track and railroad bridges be inspected by an FRA qualified BNSF employee prior to being placed into service. Two week advanced notice to BNSF structures department is required. For underpasses, all pile driving records are to be provided within 3 -days of driving to the BNSF PE. Agency shall submit an as -built survey of shoo -fly final alignments. Alignments must conform to BNSF Shoo -fly procedures. • 3.01.05 Prior to any work commencing on BNSF right of way: Contractors C/C-1 or Right of Entry must be fully executed and their insurance must be approved before they can perform work on BNSF property. Proof of Contractors insurance approval must be produced to the BNSF PE and the I/C. 3.01.06 Contractor must adhere to all other BNSF policies and procedures not specifically mentioned in this agreement. DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 ;xhibit G Lewis Street Overpass Grade Separation Project Estimated Total Project Cost ENGINEER'S OPINION OF PROBABLE COST PROJECT: LEWIS STREET OVERPASS DATE: 11/1211019 PROJECT DESCRIPTION: 100% DESIGN SUBMITTAL ESTIMATE CLIENT: CITY OF PASCO -U*QL NQ' 30-18-02D -ALL BID SCHEDULES BID SCHEDULE A OADWAYj 23.999,070 BID S ITARY SEWER) 37,513.5 BID SCHEDULE C (WATER) 7 5 5.=1 RAILROAD COSTS S 1,519.514, 00 b;1 acne Q1es inouaes a nen & 96 Construction En irreenn TOTAL ESTIMATED PROJECT CONSTRUCTION COST $ 26,301,900.20 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 ' ENGINEER'S OPINION OF PROBABLE COST PROJECT: LEWIS STREET OVERPASS DATE: 1111212019 PROJECT DESCRIPTION: AD -READY DESIGN SUBMITTAL ESTIMATE (ROADWAY) CLIENT: CITY OF PASCO JAI -B PRa. wa.: Wo -l9 a WorkIng Days = 400 4VSDOT ITEM STD NO. ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST PIZEPARATION 1 0001 MOBILIZATION 845 1 L.S. $ 1,610,000.00 S 1510.000.00 2 0035 CLEARING & GRUBBING 1 L.S. 10 500.00 10 500.00 3 REMOVING TREE OVER 6 IN. DIAM. 10 EACH 1.575.00 15 750.00 4 0038 ARCHAEOLOGICAL AND HISTORICAL SALVAGE 1 EST. 5250.00 5.250.00 5 IREMOVING EXISTING CONC. STORM DRYWELL 1 EACH $ 7.875.00 7,875.00 6 7345 ABANDON EXISTING MANHOLE 4 EACH S 525.00 2 100.00 7 0116 REMOVING CONC. INLET 12 EACH 525.0 6 300.00 8 0049 REMOVING PORTION OF EXISTING BRIDGE LEWIS STREET UNDERPASS 1 L.S. $ 157 500.00 157 500.00 9 REMOVING SIGN 14 EACH $ 157,5Q S 2205.00 10 0061 REMOVING EXISTING BRIDGE TACOMA AVENUE 1 L.S. 21,000.00 $ 21000.00 11 0090 REMOVING CEMENT CONC. PAVEMENT 3.441 S.Y. S 21 4C $ 72-261.00 12 0100 REMOVING CEMENT CONC. SIDEWALK 4.393 S.Y. 10.50 S 46 126.50 13 0108 REMOVING CEMENT CONC. CURB AND GUTTER 3.964 L.F. 10.5C 41.622.00 -F-44452.80 14 0120 IREMOVING ASPHALT CONC. PAVEMENT 14,112 S.Y. 3.15 15 0170 REMOVING GUARDRAIL 162 L.F. $ 16.80 $ 2-72160 16 0220 REMOVING CHAIN LINK FENCE 135 L.F. $ 10.50 1,417.50 17 REMOVING AND SALVAGING STREET LIGHT 24 EACH S 787.50 1S 18.900.00 18 DIG AND VERIFY 6 EACH 367.50 2205.00 19 PLUG EXISTING STORM PIPE 4 EACH 472.50 S 1,890.00 GRADING $ - IS - 20 0310 ROADWAY EXCAVATION INCL. HAUL 8.600 C.Y. 16.80 $ 144 480.00 21 0405 1 COMMON BORROW INCL. HAUL 83,051 C.Y. 9.45 S 792.388.66 22 0470 IEMBANKMENT COMPACTION 77,042 C.Y. $ 2.63 5 202 235.00 - - S STORM SEWER S S - 23 3091 CATCH BASIN TYPE 1 43 EACH 1.260 00 S 54 180.00 24 3105 CATCH BASIN TYPE 2 48 IN. DIAM. 15 EACH $ 3,150.00 S 47 250.00 25 STORM SEWER PIPE 10 IN. DIAM. 2.246 L.F. 33.60 75 532.80 26 3577 STORM SEWER PIPE 12 IN. DIAM. 150 L.F. 39.90 5,985.00 27 3579 STORM SEWER PIPE 16 IN. DIAM. 133 L.F. 63.00 E 8.379.00 28 SHOR ING -TRENCH SAFETY SYSTEMS FOR STORM SEWER 2.531 L.F. 1.05 $ 2.657.55 29 GRAVEL BACKFILL FOR PIPE ZONE BEDDING FOR STORM SEWER 2 531 L.F. 5.25 S 13 287.75 30 148 IN. DIAM. STORM SEWER MANHOLE OVER EXISTING STORM SEWER PIPE 4 EACH 4410.00 17.640.00 31 CONNECT TO EXISTING STORM SEWER MANHOLE 1 EACH $ 1.260.00 1,260.00 32 INFILTRATION TRENCHTYPE4X3 175 L.F. T. 94.501$ 16537.50 33 INFILTRATION TRENCH TYPE 15X3 190 L.F. 262.501$ 49 875.00 34 INFILTRATION GALLERY 1 LS 89250.00 89 250.00 35 STORM RETENTION POND 1 LS7.350.00 7350.00 F $ STRUCTURE S - 36 S STREET OVERPASS BRIDGE - BNSF STRUCTURE LEWIST 1 L.S. 7.692 627 30 7 692 621.30 37 ILEWIS STREET OVERPASS BRIDGE -1 ST AVE STRUCTURE 1 L.S. 1 212 655.50 1.212.655.50 38 ICONCRETE STAIRS FOR BNSF STRUCTURE 1 L.S. 176.662.50 $ 176 662.50 39 7169 ISTRUCTURAL EARTH WALL 51.094 S.F. S 63.00 $ 3.218 922.00 SURFACING S H - 40 5100 CRUSHED SURFACING BASE COURSE 15.400 TON S 21.00 323 400.00 41 5120 CRUSHED SURFACING TOP COURSE 3,400 TON 25.20 r, 85 680.00 S CEMENT CONCRETE PAVEMENT - 42 5656 BRIDGE APPROACH SLAB 620 1 S.Y. $ 262.50 S 162 750.00 43 CEMENT CONC. PAVEMENT DRAIN HOLES 1 L.S. $ 15 750.00 E 15 750.00 HOT MIX ASPHALT S - 44 5711 IPLANING BITUMINOUS PAVEMENT 0 S.Y. 13413 45 5767 IHMA CL. 12 IN. PG 645-28 4 900 TON 99.75 488 775.00 46 6517 BRIDGE TRANSVERSE JOINT SEAL 224 L.F.M i 47 040.00 47 5830 JOB MIX COMPLIANCE PRICE ADJUSTMENT 1 CALC 1.05 48 5835 COMPACTION PRICE ADJUSTMENT 1 CALCS 11.05 F IRRIGATION AND WATER DISTRIBUTION 49 6071 AUTOMATIC IRRIGATION SYSTEM COMPLETE 1 L.S.5 98 000.00 EROSION CONTROL AND PLANTING - 50 6403 ESCLEAD 80 DAY 10 080.00 51 6471 INLET PROTECTION 66 EACH S 262.50 6 17 325.00 521 6468 1 STABILIZED CONSTRUCTION ENTRANCE 1,253 S.Y. 13.13 16,445.63 53 6488 I EROSION CONTROL AND WATER POLLUTION PREVENTION 1 L.S. $ 5,250.00 5.250.00 54 2" X 2" SCORED CEMENT CONCRETE CROSSWALK PAVEMENT 410 SY 210.00 $ 86 100.00 55 DECORATIVE STAMPED FINISH 16 SY $ 100.00 $ 1,600.00 56 BENCH TYPE 1 6 EACH 3 800.00 22 800.00 57 BENCH TYPE 2 3 EACH 4,000.00 12.00 . 58 TRASH RECEPTACLE 8 EACH $ 2,500.00 $ 20,000.00 59 DECORATIVE METAL CUTOUT PANEL TYPE 1 1 LS $ 96 000.00 96 000.00 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 NO. STD NO. ITEM DESCRIPTION WAN I I I T UNi I UNI I�UI -1 60 DECORATIVE METAL CUTOUT PANEL TYPE 1 1 LS 36.000.00 36000.0 61 PEDESTRIAN GUARDRAIL 1,997 LF $ 250.00 $ 499750.01 62 STAIR GUARDRAIL AND HANDRAIL W/ RAIL LIGHTING 1 LS 5 72,000-00 72.0000 63 SEEDING & FERTILIZING 1.35 AC $ 5,000.00 $ 6.750 .01 64 MULCHING WITH MODERATE TERM MULCH 1.15 AC $ 4,500.00 5,175.01 65 TOPSOIL TYPE A 2180 CY $ 55.00 3 119 900.01 66 MEADOW SEED MIX 3700 SY 2.00 S 7,400.0j 67 BARK OR WOOD CHIP MULCH 10 CY $ 55.00 $ 550.01 68 ROCK MULCH 20 CY $ 75.00 S 1,500.01 69 DECORATIVE ROCK 82 CY 75.00 3 6.150.01 70 6552 PSIPE Quercus macrocaraa/Bur Oak; 2.5" Cal., 12'-14' Ht. 3 EA $ 500.00 $ 1,500.01 71 6552 PSIPE Phellodendron lavallei/Cork Tree 2.5" Cel., 12'-14' Ht. 4 EA 500.00 $ 2 000.01 72 6552 PSIPE Ca inns betulus'Frans Fontaine'! Columnar Eurooean Hornbeam 2.5" Cal.. 12'-14' Ht. 36 00.00 $ 18 000.01 73 6552 PE Querais alba x rubur'Crimschmidl/ Crimson Spire Oak; 2.5" Cal.. 12'-14' Ht. 15 00.00 $ 7,500.01 74 6552 PSIPE Parrotia ersice'Vanessa'/ Vanessa Persian Parrotia: 2:5" Cal.. 12'-14' Ht. 16 00.00 82M 75 6552 PSIPE Pistacia chinensis/Chinese Pistache: 2" Cal- 10'-12' Ht. 3 50.00 $ 1,350.01 76 6552 PSIPE Chionanthus vir inicus/ Fringe Tree; 7'-8' Ht. 4 WEA$ 50.00 $ 1,400.0 77 6552 PSIPE Picea omorikalSiberian Spruce: 7'-6' Ht. 4 50.00 $ 1 400.01 78 6552 PSIPE Juni ecus s amata'Blue Start Blue Star Juni er: 2 Gal. Cont. 55 28.00 $ 1 540.01 79 6552 PSIPE Potentilla fruticose'Sunset'/Sunset ShrubbyCinquefoil; 2 Gal. Cont. 192 28.00 $ 5,376.01 80 6552 PSIPE Rhus arometica'Gor-LoW/Grow Low Fragrant Sumac. 2 Gal. Cont. 213 EA 28.00 595401 81 6552 PSIPE PerovsWa atri licifolie'Lecev Blue'll-acey Blue DwarfRussian Saae 1 Gal. Cont. 34 EA 2200. $ 748.01 82 6552 PSIPE Boutelloua racilis'Blonde Ambition7Blonde Ambition Blue Gramma Gress; 1 Gal. Cont. 400 EA $ 18.00 7,200.01 83 6552 PSIPE Pennisetum alp ecuroides'Hameln'/Hameln Dwarf Fountain Grass 1 Gal. Cont. 213 EA $ 18.00 $ 3,834.01 84 6552 PSIPE Yucca filamentoso'Color Guard'/ Color Guard Adam's Needle7 2 Gal. Cont. 28 EA 28.00 784.01 85 6552 PSIPE Arctostaph os uve'ursi/ Kinnildnnick 1 Gal. Cont. 426 EA $ 15.00 $ 6,390.0 86 6552 PSIPE Helianthemum nummularium'Henfield Brilliant'/ Henfield Brilliant Sunrose 1 Gat. Cont. 334 EA $ 15.00 $ 5,010.01 87 6552 PSIPE Delos erma'Wowda 2'! Wheels of Wonder Ice Plant 1 Gal. Cont. 710 EA c 15.00 $ 10.650.01 88 6552 PSIPE E m 'um bourgabil Mediterranean Sea Holly; 1 Gal. Cont 154 FA $ 18.00 2,772.01 89 6552 PSIPE Achillea millefolium'Walther Funcke'IWalther Funcke Common Yarrow, 1 Gal. Cont. 313 EA $ 15.00 4,695.01 90 6552 PSIPE Alliums haerocef halon/ Round -Headed Garlic: Bulb 76 EA $ 2.00 152.01 91 ROOT BARRIER 1104 LF $ 8.00 $ 8,832.0 921 BOULDERS 40 TON $ 300.00 12 000.01 93 METAL EDGING 2 300 LF 12.00 $ 27 600.01 94 6635 HIGH VISIBILITY SILT FENCE 2,814 L.F. $ 4.20 11 818.81 TRAFFIC - 95 6700 CEMENT CONC. TRAFFIC CURB AND GUTTER 6.684 L.F. $ 16.80 $ 112 291.21 96 TYPE C CURB 390 L.F. 25.20 9,82&0 97 CEMENT CONC. PEDESTRIAN CURB CURB AND GUTTER 75 L.F. S 12.60 945.01 98 6781 TEMPORARY BARRIER 600 L.F. $ 42.00 25 200.01 99 6807 PLASTIC LINE 13,871 L.F. $ 2.10 S 29 129.11 100 6828 PLASTIC WIDE LANE LINE 1.130 L.F. $ 5.25 $ 5932,51 101 6857 PLASTIC CROSS LINE 705 L.F. 10.50 7,40251 102 6859 PLASTIC STOP LINE 127 L.F. 26.25 $ 3.333.7! 103 6833 PLASTIC TRAFFIC ARROW 15 EACH 315.00 4 725.01 104 6867 PLASTIC BICYCLE LANE SYMBOL 5 EACH $ 262.50 $ 1312.51 105 6890 PERMANENT SIGNING 1 L.S. 15750.00 15750.01 106 ILLUMINATION SYSTEM LEWIS ST. B.O.P. TO STA 18+75 COMPLETE 1 L.S. 360 000.00 4 360 000.01 107 ILLUMINATION SYSTEM LEWIS ST. STA 18+75 TO STA 25+00 COMPLETE 1 L.S. $ 90.000.00 90 000.01 108 ILLUMINATION SYSTEM. LEWISST STA 25+00 TO E.O.P. COMPLETE 1 L.S. $ 290 000.00 $ 290 000.01 109 ILLUMINATION SYSTEM EXISTING LEWIS ST. COMPLETE 1 L.S. $ 430 000.00 430L= 110 ILLUMINATION SYSTEM N. 1 ST. AVE. COMPLETE 1 L.S. $ 150 000.00 150 000.01 111 ILLUMINATION SYSTEM S. TACOMA ST. COMPLETE 1 L.S. 175000-00 $ 175 000.01 112 6949 CONDUIT PIPE 4 IN. DIAM. 480 L.F. 26.25 12.600.01 113 6971 PROJECT TEMPORARY TRAFFIC CONTROL 1 L.S. $ 262 500.00 262.500.01 114 6980 FLAGGERS 1.200 HOUR $ 63.00 751222 115 6992 OTHER TRAFFIC CONTROL LABOR 500 HOUR $ 68.25 S 34.125.01 116 6974 TRAFFIC CONTROL SUPERVISOR ITEMPORARYPAVEMENT 1 L.S. $ 42.000.00 $ 42 000.01 117 6982 CONSTRUCTION SIGNS CLASS A 180 S.F. S 42.00 S 7,560.01 118 6695 MARKING -SHORT DURATION 2.000 L.F. $ 1.05 i 2a22 OTHER ITEMS $ 119 LEWIS STREET UNDERPASS BACKFILL AND CDF 1 L.S. S 735 000.00 735 000.01 120 7037 STRUCTURE SURVEYING 1 L.S. 105 000.00 105 000.01 121 7038 ROADWAY SURVEYING 1 L.S. 105 000.00 105 000.01 ADA FEATURES SURVEYING 1 L.S. $ 5.260.00 5,250.01 122 7047 MONUMENT CASE COVER AND PIPE 10 EACH 525.00 5.250.01 123 7055 CEMENT CONC. SIDEWALK 6,455 S.Y. $ 39.90 257 554.51 124 7059 CEMENTCONC. DRIVEWAY ENTRANCE TYPE2 180 S.Y. S 52.50 9450.01 125 7058 CEMENT CONC. CURB RAMP TYPE PERPENDICULAR A 20 EACH 1,260.00 $ 25 200.01 126 7083 CHAIN LINK FENCE TYPE 308 L.F. 26.25 8085.01 127 7097 END GATE CORNER AND PULL POST FOR CHAIN LINK FENCE 6 EACH S 183.75 1,102.5( 128 7102 DOUBLE 14 FT. CHAIN LINK GATE 1 EACH 2,100.00 2.100.0( 129 RAILROAD CHAIN LINK FENCE 78 L.F. $ 16.80 1.310.41 130 END GATE CORNER AND PULL POST FOR RAILROAD CHAIN LINK FENCE 2 EACH $ 194.25 388.5( 131 RAILROAD DOUBLE 14 FOOT CHAIN LINK GATE 1 EACH 2 625.00 2,625.0( 132 3080 ADJUST MANHOLE- STORM 8 EACH577.50 4.620.0( 133 7043 ADJUST JUNCTION BOX 11 EACH $ 367.50 $ 4,042.5( 134 SERVICE CONNECTION In. DIAM. 2 EACH 3 000.00 6,000.0( 1351 MISCELLANEOUSPIPEABANDONMENT 1 L.S. 10500.00 $ 10500.0( 136 7400 TRAINING 1,200 HR 2.101$ 2,520.0( 137 7736 JSPCC PLAN 1 L.S. f 1,050.00 1,050.0 SUBTOTAL CONSTRUCTION COST $ 21 758 794.04 CONTENGENCY 5 % TOTAL CONSTRUCTION COST $ 1,087,939.7( $ 22,846,733.74 CONSTRUCTION ENGINEERING @ 5% $ 1,142,336.64 TOTAL ESTIMATED CONSTRUCTION PHASE $ 23,989,070.4: DocuS gn tnveiope iu: airar000-�roo 4ova-ao�� �y�ayo4� oroi J -U -B A ENGINEER'S OPINION OF PROBABLE COST PROJECT: LEWIS STREET OVERPASS DATE: 101222019 PROJECT DESCRIPTION: AD -READY DESIGN SUBMITTAL ESTIMATE (WATER MAINS) CLIENT: CITY OF PASCO -U-8 PROD. NO.: 304 B&M WSDOT ITEM NO, STD NO. ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST WATER 1 MOBILIZATION 896 1 L.S. $ 50,000.00 50.000.00 2 WATERLINE SURVEYING 1 L.S. $ 11400.00 $ 11,400.00 3 DIG AND VERIFY 14 EACH $ 350.00 4.900.00 4 6243 1ADJUST VALVE BOX 2 EACH $ 500.00 1,000.00 5 IREMOVING HYDRANT ASSEMBLY 1 EACH $ 1,200.00 $ 1,200.00 6 IREMOVING WATER METER VAULT 1 L.S. 3 000.00 s. 3 000.00 7 JABANDON EXISTING WATER METER 13 EACH 400.00 5,200-00 8 ABANDON EXISTING VALVE 10 EACH 400.00 4,000.00 9 ABANDON AND FILL EXISTING WATER PIPE 6 IN. DIAM. 139 L.F. $ 20.00 3 2,780-00 10 ABANDON AND FILL EXISTING WATER PIPE 10 IN. DIAM. 125 L.F. 30.00 $ 3-750.00 11 ABANDON AND FILL EXISTING WATER PIPE 12 IN. DIAM. 282 L.F. 35.00 $ 9,870-00 12 PLUGGING EXISTING WATER PIPE 26 EACH $ 350.00 9,100.00 13 3866 DUCTILE IRON PIPE FOR WATER MAIN 6 IN. DIAM. 65 L.F. $ 55.00 3575.00 14 3867 1 DUCTILE IRON PIPE FOR WATER MAIN 8 IN. DIAM. 365 L.F. $ 50.00 $ 18,250.00 15 3868 JDUCTILE IRON PIPE FOR WATER MAIN 10 IN. DIAM. 114 L.F. 65.00 7,410.001 16 3869 IDUCTILE IRON PIPE FOR WATER MAIN 12 IN. DIAM. 1.061 L.F. 68.00 72,148.00 17 3871 DUCTILE IRON PIPE FOR WATER MAIN 16 IN. DIAM. 20 L.F. 90.00 s 1,800.00 18 DUCTILE IRON PIPE FOR WATER MAIN 8 IN. DIAM. WITH STEEL ENCASEMENT PIPE 18 IN. DIAM. 160 L.F. I $ 170.00 27 200.00 19 DUCTILE IRON PIPE FOR WATER MAIN 10 IN. DIAM. WITH STEEL ENCASEMENT PIPE 20 IN. DIAM. 100 L.F. 200.00 $ 20 000.00 20 DUCTILE IRON PIPE FOR WATER MAIN 12 IN. DIAM, WITH STEEL ENCASEMENT PIPE 24 IN. DIAM. 114 L.F. F 240.00 27 360.00 21 DUCTILE IRON PIPE FOR WATER MAIN 16 IN. DIAM. WITH STEEL ENCASEMENT PIPE 30 IN. DIAM. 525 L.F. 330.00 $ 173 250.00 22 3820 BUTTERFLY VALVE 12 IN. 3 EACH 4,200.00 12 600.00 23 BUTTERFLY VALVE 10 IN. 2 EACH 3,800.00 7,600.00 24 6160 GATE VALVE 8 IN, 1 EACH 2,50000 2,500.00 25 6155 GATE VALVE 6 IN. 2 EACH 1,800.00 3,600.00 26 SHORING -TRENCH SAFETY SYSTEMS FOR WATER 2,524 L.F. 1.00 2,524.00 27 GRAVEL BACKFILL FOR PIPE ZONE BEDDING FOR WATER 2,524 L.F. $ 5.00 $ 12 620.00 28 12 IN. 90 DEGREE BEND 6 EACH 2,200.00 $ 13 200.00 29 8 IN. 90 DEGREE BEND 2 EACH $ 600.00 $ 1,200.00 30 12 IN.45 DEGREE BEND 6 EACH $ 2,000.00 12 000.00 31 10 IN. 45 DEGREE BEND 2 EACH f 1,800.00 3,600.00 32 6 IN. 22.5 DEGREE BEND 2 EACH 500.00 $ 1,000.00 33 12 IN. BLIND FLANGE 1 1 200.00 # 1,200.00 34 PRESSURE CAP 8 IN. 1 $ 500.00 500.00 35 12 IN. X 12 IN. X 12 IN. TEE 1 $ 6.000.00 6,000.00 36 12 IN. X 12 IN_ X 10 IN. TEE 3 $ 5 800.00 17 400.00 37 12 IN. X 12 IN. X 6 IN. TEE 1 $ 5 600.00 $ 5,600.00 38 8 IN. X 8 IN. X 8 IN. TEE 1 1.200.00 1.200.00 39 6 IN. X 6 IN. X 6 IN. TEE 1 $ 1.000.00 1,000.00 40 16 IN. X 12 IN. REDUCER 2 JEACH $ 2 500.00 5,000.00 41 12 IN. X 8 IN. REDUCER 1 $ 1.500.00 $ 1,50000 42 12 IN. X 6 IN. REDUCER 1 1 500.00 1 500.00 43 16 IN. FLANGE COUPLING ADAPTER 1 1 500.00 $ 1,50 .00 44 12 IN. FLANGE COUPLING ADAPTER 7 1 400.00 $ 9,800.00 45 8 IN. FLANGE COUPLING ADAPTER 3 1 200.00 3 600.00 46 6 IN. FLANGE COUPLING ADAPTER 1 $ 1 100.00$ 1,100.00 47 TEMPORARY CONNECTION ALLEY D 1 2 500.00$ 2.500.00 48 TEMPORARY CONNECTION ALLEY E 1 .. 2.500._ $ 2,500.00 49 CONNECT TO EXISTING WATER MAIN 6 IN. DIAM. 3 EACH 1 800.00 $ 540000 50 CONNECT TO EXISTING WATER MAIN 8 IN. DIAM. 1 EACH 2200.00 $ 2200.00 51 ICONNECT TO EXISTING WATER MAIN 10 IN. DIAM. 2 EACH j 2,500.00 $ 5.000.00 52 CONNECT TO EXISTING WATER MAIN 12 IN. DIAM. 5 EACH 2,700.00 13 500.00 53 SERVICE CONNECTION 1-1/2 IN. DIAM. 2 EACH $ 3,000.00 $ 6,000-00 54 IRAILROADWATER SERVICE 8 IN. 1 L.S. 10 000.00 $ 10 000.00 SUBTOTAL CONSTRUCTION COST 633 637.00 WASHINGTON STATE SALES TAX @ 8.6% CONTINGENCY P 5% TOTAL CONSTRUCTION COST $ $ $ 54,492.78 31,681.85 719 811.63 CONSTRUCTION ENGINEERING d 5% $ 35,990.58 TOTAL ESTIMATED CONSTRUCTION PHASE $ 755,802.21 DocuSign Envelope ID: 387AF866-3A36-46D5-93EE-E939954CBF87 ENGINEER'S OPINION OF PROBABLE COST PROJECT: LEWIS STREET OVERPASS DATE: 10ma019 PROJECT DESCRIPTION: AD -READY DESIGN SUBMITTAL ESTIMATE (SANITARY SEWER) CLIENT: CITY OF PASCO -U-B PROJ. NO.: 30-18-M WSDOT ITEM NO. STD NO. ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST SANITARY SEWER 1 0001 MOBILIZATION [8%I 1 L.S. —200000 2,000.00 2 SAN ITARY SEWER SURVEYING 1 L.S. 1,500.00 1,500.00 3 DIG AND VERIFY 2 EACH $ 350.00 $ 700.00 4 3080 AD LUST MANHOLE - SEWER 5 EACH $ 2,000.00 i-0,000.00 5 7345 ABANDON EXISTING MANHOLE- SEWER 2 EACH $ 1,000.00 $ 2,000.00 6 ABANDON AND FILL EXISTING SEWER PIPE 8 IN. DIAM. 262 L.F. 5 25.00 $ 6,550.00 7 PLUGGING EXISTING SEWER 4 EACH $ 350.00 $ 1,400.00 8 3767 PVC SAN ITARY SEWER PIPE 6 IN. DIAM. 50 L.F. $ 70.00 $ 3,500.00 9 SHORING -TRENCH SAFETY SYSTEMS FOR SANITARY SEWER 50 L.F. T 1.00 $ 50.00 10 GRAVEL BACKFILL FOR PIPE ZONE BEDDING FOR SANfTARY SEWER 50 L.F. $ 20.00 $ 1,000.00 11 6 IN. SEWER SERVICE SADDLE 1 EACH 2,000.00 2 000.00 12 6 IN. SEWER SERVICE CAP AND MARK 1 EACH $ 750.00 750.00 SUBTOTAL CONSTRUCTION COST $ 31,450.00 WASHINGTON STATE SALES TAX @ 8.6% CONTINGENCY @ 5% TOTAL CONSTRUCTION COST $ $ $ 2,704.70 1,572.50 35 727.20 CONSTRUCTION ENGINEERING 5% $ 1,786.36 TOTAL ESTIMATED CONSTRUCTION PHASE $ 37 513.56