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24-146.00BNSFPinesBNSFC&MAgreement
B/VSF BNSF File No. BF-20221321 RAILWAY Spokane Valley, WA DOT#982823D Pines Road Underpass ROADWAY UNDERPASS CONSTRUCTION AND MAINTENANCE AGREEMENT BNSF File No.: BF20221321 Spokane Valley, WA DOT 982823D Pines Road Underpass Spokane Subdivision, Line Segment 45; Mile Post 62.95 This Agreement ("Agreement"), is executed to be effective as of by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"), and the CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington ("Agency"). RECITALS: WHEREAS, BNSF owns and operates a line of railroad in and through the City of Spokane Valley, County of Spokane, State of Washington; and WHEREAS, Agency desires to improve the existing Pines Road at-grade crossing by constructing a new crossing at separated grades to be known as the Pines Road Underpass, U.S. DOT No. 982823D ("Roadway Project"); and WHEREAS, Agency's Roadway Project requires Agency to create a roadway underneath BNSF's railway tracks which will, without remediation, remove ground support for said tracks in the area of future Pines Road; and WHEREAS, Agency is obligated by Federal and Washington State law to provide BNSF with replacement support for BNSF's railway tracks impacted by the Roadway Project; and WHEREAS, BNSF has future plans to undertake certain improvements to its right-of-way and facilities within the City of Spokane Valley, County of Spokane, State of Washington, but would not undertake said improvements for several years but for Agency's Roadway Project; and WHEREAS, BNSF's planned improvements also present an opportunity for certain efficiencies and cost savings to the Agency by providing for certain upgrades and improvements to BNSF's right of way which will facilitate the later construction of the Roadway Project; and WHEREAS, Agency desires that BNSF purchase materials and make certain improvements to its right of way as detailed on the attached Exhibit A as part of BNSF's own planned improvements, including, but not limited to, installation of steel pilings, precast bridge components, and track materials to accommodate a future Underpass to such specifications as Agency provides as part of Phase I of the Roadway Project; and 1 of 72 B/VSF BNSF File No. BF-20221321 AA/LWAY Spokane Valley, WA DOT#982823D Pines Road Underpass WHEREAS, Phase II of the Roadway Project is understood by the parties to consist of the construction of a public roadway below grade, through the BNSF right-of-way; and WHEREAS, BNSF is willing to accommodate Phase I and Phase II of the Agency's Roadway Project, at the request of Agency and subject to approved plans and the terms of this Agreement provided below; and WHEREAS, the existing Pines Road at-grade crossing currently designated as U.S. DOT No. 066367E, Spokane Subdivision, LS 45—MP 62.95, shall be permanently closed, vacated and removed upon completion of Phase II of the Roadway Project and the placing in service of said Underpass; and 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 Phase I and Phase II of the proposed Roadway Project and the term "Structure" as used herein includes any and all work related to the railroad bridge, 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-5, "Traffic Controls During Construction and Maintenance" of the Uniform Traffic Control Devices Manual, U.S. Department of Transportation. 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 receiving the payment from Agency described in the subsequent sentence and provided Agency is in compliance with the terms and conditions of this Agreement, BNSF will grant to Agency, its successors and assigns, an easement (hereinafter called, the "Easement") to enter upon and use that portion of BNSF's right-of-way as is necessary to use and maintain the Project, substantially in the form of Exhibit B attached to this Agreement. Agency must pay BNSF the sum of one million one hundred seventeen thousand eighty six dollars and No/100 Dollars ($1,117,086.00) as compensation for the Easement within thirty (30) days of issuing a Notice to Proceed pursuant to Article III, Section 17 of this Agreement. If Agency fails to pay BNSF within the thirty-day time period 2 of 72 B/VSF BNSF File No. BF-20221321 AA/LWAY Spokane Valley, WA DOT#982823D Pines Road Underpass 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 Phase I of the Roadway 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 or a BNSF contractor: A. Procurement of materials, equipment and supplies necessary for the railroad work; and B. Preliminary engineering, design, and contract preparation for the railroad work; and C. Furnishing flagging services during construction of the Project as required and set forth in further detail on Exhibit C; and D. Furnishing engineering and inspection as required in connection with the construction of the Project; and E. Removal of approximately 250 feet of each main track within Project area to accommodate construction of the Structure; and F. Removal of the existing embankment to the depth necessary to set the Structure spans, pile caps, and abutments, set forth in further detail on Exhibit A; and G. Construction of the Structure, to include, but not limited to: pile driving, installation of precast bridge components, handrail, waterproof membrane, ballast, and replacement track panels for BNSF Bridge 62.9A and 62.9. The Parties acknowledge that BNSF may from time to time alter the naming conventions for its structures. The Parties agree that, if such change occurs, the new naming convention shall apply to the underlying structures identified herein, ad does not alter or amend BNSF's obligations under this Agreement in regard to said structures; and H. Construction of a temporary work track to accommodate the railroad work associated with construction of the Structures; and 3 of 72 B/V'SF BNSF File No. BF-20221321 AA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass I. Removal of the existing Pines Road at-grade crossing currently designated as U.S. DOT No. 066367E, Spokane Subdivision, LS 45—MP 62.95, including removal of the automatic warning devices, and obliteration of the crossing between the rails and two feet outside thereof. This work cannot take place until Pines Road is closed at the at-grade crossing, following completion of all phases of work; and J. Providing a contract project coordinator, at Agency's expense, to serve as a project manager for the Project; and K. All materials incorporated into the structure must meet FHWA's and FRA's Build American Buy America (BABA) and Buy America Act requirements. 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. Per 49 U.S.C. § 22905(c)(1)(C), BNSF assures that collective bargaining agreements with the railroad's employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor. Nothing in this Agreement shall be construed as prohibiting, limiting, or otherwise restricting BNSF from negotiating and/or modifying (including the removal of any of) the terms (including subcontracting terms) of any applicable collective bargaining agreement now in effect as provided by or pursuant to the Railway Labor Act (45 U.S.C. § 151 et seq., as amended). Further, nothing in this Agreement shall be construed as providing any separate or additional remedy for an alleged breach of a collective bargaining agreement, which are and shall be limited to those remedies provided by such collective bargaining agreement and/or the Railway Labor Act, as applicable. 4) Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or Agency's contractor in connection with the Project which BNSF deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse BNSF for all such emergency work. 5) BNSF may charge Agency for insurance expenses, including self-insurance expenses when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if any. 6) During the construction of the Project, BNSF will send Agency progressive invoices detailing the costs of the railroad work performed by BNSF or its contractor under this 4 of 72 B/VSF BNSF File No. BF-20221321 HA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass Agreement. Agency must reimburse BNSF for completed force-account 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. BNSF will submit invoices to: Attn: Accounts Payable City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 (509) 720-5000 accountspayable(c�spokanevalleywa.gov iLConstruction by BNSF will meet the applicable requirements of the Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Grant Provisions and, subject to the disclaimer in Article II, Section 8, any applicable Federal Rail Administration (FRA) requirements as set forth in Exhibit H. LNOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BNSF IS NOT A CONTRACTOR, AGENT, PARTNER, OR JOINT VENTURER OF THE AGENCY AS A RESULT OF THIS AGREEMENT OR THE PROJECT OR AS A CONSEQUENCE OF BNSF'S PERFORMANCE OF ITS PORTION OF THE WORK. LIKEWISE, BNSF'S EMPLOYEES, AGENTS, CONTRACTORS, AND SUBCONTRACTORS WHO MAY ASSIST BNSF IN PERFORMING ITS PORTION OF THE WORK ARE DOING SO FOR BNSF'S BENEFIT ONLY, AND ARE NOT— AND SHALL NOT BE DEEMED TO BE—EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUBCONSULTANTS OR AGENTS OF THE AGENCY. BNSF agrees to observe and comply with the State and Federal laws referenced in this Agreement, but only to the extent such laws may apply to BNSF's portion of the Work. Nothing in this Agreement is intended to waive, nor shall it waive, the preemptive effect of Federal law as to BNSF because of its status as a common carrier. If a conflict exists or arises between this Article II, Section 8, and any other provision of this Agreement and/or its exhibits and attachments, then this Article II, Section 8, shall control. 5 of 72 BN'S►F BNSF File No. BF-20221321 RA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass 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 (excluding plans and specifications BNSF is responsible for pursuant to Article II, paragraph 2 of this Agreement). One electronic copy of said plans (reduced size 11" x 17"), together with one electronic copy of calculations, and one electronic copy 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. 3) Agency must provide for and maintain minimum vertical and horizontal clearances, as required and 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, including easements as may be necessary for maintaining BNSF access to its right-. of-way, which may be transferred to BNSF upon substantial completion of the Project by separate agreement and on terms favorable to BNSF. 5) Agency must make any and all arrangements for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project. 6) Agency must construct the Project as shown on the attached Exhibit A and do all work ("Agency's Work") provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF hereunder. Agency must furnish all labor, materials, tools and equipment for the performance of Agency's Work. The principal elements of Agency's Work to construct the Project are as follows: 6 of 72 BA/SF BNSF File No. BF-20221321 RA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass A. Construction of the roadway underpass and all apparatus thereto, less the Structure work performed by BNSF; and B. All necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF's right-of-way; and C. Provide suitable drainage, both temporary and permanent; and D. 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; and E. As may be necessary, temporary Installation of K-Rail (Jersey) barriers or chain link fencing separating construction of the Structure and BNSF Work from traveled roadways; and F. Provide appropriate pedestrian control during construction; and G. Job site cleanup including removal of all construction materials, concrete debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF; and H. Structural excavation for the new Structure, including removal of embankments. The principal elements of Agency's Work necessary to construct the roadway passing below grade and through BNSF right-of-way are as follows: A. Removal of existing roadway facilities necessary for construction of new roadway alignment; and B. Installation and maintenance of temporary erosion and sediment control; and C. Complete earthwork including clearing/grubbing/grading; and D. Installation of concrete/asphalt paving beneath the Structure for new roadway; and E. Installation of pedestrian facilities beneath the Structure as outlined on Exhibit A; and F. Installation of MUTCD compliant signage required for roadway and pedestrian facilities; and G. Installation of stormwater facilities and illumination facilities; and 7) Agency must apply and maintain said D.O.T. Crossing number 982823D in a conspicuous location on the Structure. 7 of 72 B/VSF BNSF File No. BF-20221321 AA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass 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 execute the Exhibit C documents. 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 "contractororientation.com"; notify BNSF when, pursuant to the requirements of exhibit C, a flagger is required to be present; procure, and have approved by BNSF's Risk Management Department, Railroad Protective Liability insurance. 10) In order to prevent damage to BNSF trains and property, 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. 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 or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The shoring or cribbing used by Agency's contractor shall comply with BNSF Bridge Requirements set forth on Exhibit F attached to this Agreement and incorporated herein. Additionally, the shoring and cribbing must comply with all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. 12) Agency must include the following provisions in any contract with its contractor(s) performing work on said Project: A. The Contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications companies may be buried on BNSF's property or right-of-way. The locations of these Lines have been included on the plans based on information from the telecommunications companies. The contractor will be responsible for contacting BNSF's Engineering Representative (To Be Determined), BNSF's Signal Representative (To Be Determined) and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The contractor must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The contractor must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. 8 of 72 B/VSF BNSF File No. BF-20221321 FA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass B. The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements. 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 contractor 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 Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY CONTRACTOR WILL APPLY ONLY TO THE EXTENT OF THE NEGLIGENCE OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, AND WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE 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 Contractor's employees against BNSF, its agents, servants, employees or otherwise, and Contractor expressly waives its 9p Y 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; (ii) the provisions set forth in Article IV; and (iii) the provisions set forth in Exhibit C and Exhibit C-1, attached hereto and by reference made a part hereof. 9 of 72 B/VSF BNSF File No. BF-20221321 AA/L wAY Spokane Valley, WA DOT#982823D Pines Road Underpass 14) Except as otherwise provided below in this Section 14, all construction work performed hereunder by Agency for the Project will be pursuant to a contract or contracts to be let by Agency, and all such contracts must include the following: A. All work performed under such contract or contracts within the limits of BNSF's right-of-way must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; B. Changes or modifications during construction that affect safety or BNSF operations will be subject to BNSF's approval; C. No work will be commenced within BNSF's right-of-way until each of the prime contractors employed in connection with said work have (i) executed and delivered to BNSF a letter agreement in the form of Exhibit C-1 , and (ii) delivered to and secured BNSF's approval of the required insurance; and D. To facilitate scheduling for the Project, Agency shall have its contractor give BNSF's representative (To Be Determined) four 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. E. The plans and specifications for the Project must be in compliance with the Bridge Requirements set forth on Exhibit F. 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, 10 of 72 B/VS►F BNSF File No. BF-20221321 AA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) AGENCY'S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS AGREEMENT, (VI) AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE BY AGENCY, OR (VII) AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY AGENCY WILL APPLY ONLY TO THE EXTENT OF THE NEGLIGENCE OF AGENCY, ITS AGENTS OR EMPLOYEES, AND THIS WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Agency's employees against BNSF, its agents, servants, employees or otherwise, and Agency expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. 17) Agency must give BNSF's Manager of Public Projects written notice to proceed with the railroad work after receipt of necessary funds for the Project. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written notice to proceed is received from Agency. 18) Agency must perform all necessary work to obtain the permanent closure and vacation of Pines Road across BNSF's right-of-way and must barricade the road approaches prior to completion of the Project. BNSF will cooperate with Agency to achieve the closure and vacation of Pines Road and will remove the crossing surface within its right-of-way. 11 of 72 B/VSF BNSF File No. BF-20221321 HA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass ARTICLE IV —JOINT OBLIGATIONS IN CONSIDERATION of the premises, the parties hereto mutually agree to the following: 1) All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF will be subject to BNSF's approval prior to the commencement of any such changes or modifications. 2) The work hereunder must be done in accordance with the Bridge Requirements set forth on Exhibit F and the detailed plans and specifications approved by BNSF. 3) Agency must require its contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. The parties hereto mutually agree that either party's failure (or any of their contractors' failure(s)) to complete its work under this Agreement in accordance with the construction schedule due to inclement weather or unforeseen emergencies will not constitute breach of this Agreement and will not subject either party to liability under the Agreement Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations (BNSF or its related railroads) or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. 4) BNSF will have the right to stop construction work on the Project if any of the following events take place: (i) Agency (or any of its contractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or any of its contractors), in BNSF's reasonably exercised opinion, prosecutes the Project work in a manner which is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Agency fails to pay BNSF for the Temporary Construction License or the Easement pursuant to Article II, Section 1 of this Agreement. The work stoppage will continue until all necessary actions are taken by Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division Engineer or until additional insurance has been delivered to and accepted by BNSF. In the event of a breach of (i) this Agreement, (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 12 of 72 B/VSF BNSF File No. BF-20221321 AA/L wAY Spokane Valley, WA DOT#982823D Pines Road Underpass 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: William Helbig City of Spokane Valley City Hall 10210 E Sprague Avenue Spokane Valley, WA 99206 bhelbig@spokanevalleywa.gov 5) Agency must supervise and inspect the operations of all Agency contractors to assure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of the BNSF railroad. If BNSF determines that proper supervision and inspection is not being performed by Agency personnel at any time during construction of the Project, BNSF has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the Project will not proceed until Agency corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify Erica Amsden at eamsden@spokanevalleywa.gov and Jeremiah Schreindl at jchreindl@spokanevalleywa.gov for appropriate corrective action. 6) BNSF will contribute $297,094.00 (hereinafter referred to as "BNSF's Share") towards the total actual costs of the Project. BNSF's Share will be based on the costs for preliminary engineering, right-of-way and construction within the following limits; A. Where a grade crossing is eliminated by grade separation, the structure and approaches required to transition to a theoretical highway profile which would have been constructed if there were no railroad present, for the number of lanes on the existing highway and in accordance with the current design standards of the appropriate state highway agency; and B. Where another facility, such as a highway or waterway, requiring a bridge structure is located within the limits of a grade separation project, the estimated cost of a theoretical structure and approaches as described in 23 CFR 646.210(c)(1) to eliminate the railroad-highway grade crossing without considering the presence of the waterway or other highway. Additionally, local, state, and federal funds will be used in the construction of the Project. The total actual cost of construction for the Project is presently estimated to be $38,393,820, more particularly described (together with BNSF's Share) on Exhibit G attached hereto and incorporated herein. 7) Pursuant to this section and Article II, Section 6 herein, Agency must, out of funds made available to it for the construction of the Project, reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement, less BNSF's Share 13 of 72 B/VSF BNSF File No. BF-20221321 AA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass as set forth in Article IV, Section 6 herein. BNSF's Share must be paid upon completion of the Project. 8) All expenses detailed in statements sent to Agency pursuant to Article II, Section 6 herein will comply with the terms and provisions of the Federal Aid Highway Program Manual, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. 9) The parties mutually agree that no 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 agreed to in writing. 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 BNSF's file number BF20221321 and D.O.T. Crossing No. 982823D and must state the time that construction activities will begin. 11) In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not limited to, the terms and conditions stated in Exhibit F, BNSF and Agency agree to the following terms upon completion of construction of the Project: A. BNSF will, at its sole cost and expense, accept, own, and maintain its roadbed, track, railroad drainage, and all other railroad facilities. B. Agency will own and maintain, at its sole cost and expense, the Structure, the highway approaches, anyaccess gates installed pursuant to the Project, and 9 Y pp , appurtenances thereto, lighting, drainage and any 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). Additionally, Agency and BNSF shall perform the necessary work to obtain the permanent closure of the at-grade crossing at Pines Road, currently designated as U.S. DOT No. 066367E, Spokane Subdivision, LS 45—MP 62.95. Such closure shall be completed upon substantial completion of the Roadway Project and placing in service of the Underpass. C. Agency must, at Agency's sole cost and expense, keep the Structure painted and free from graffiti. 14 of 72 B/VSF BNSF File No. BF-20221321 RA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass D. Agency must apply and maintain vertical clearance signs which consistently and accurately describe the minimum actual vertical clearance from the bottom of the Structure to the top of any pavement. E. Agency agrees to reimburse BNSF for the cost of track surfacing due to settlement caused by the construction of the Structure for a period not to exceed four(4) years from the date of final inspection pursuant to Article III, Section 15. F. 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. G. 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. H. Agency must keep the Structure and surrounding areas clean and free from birds, pigeons, scavengers, vermin, creatures and other animals. I. If Agency (including its contractors and agents) or BNSF, on behalf of Agency, performs (i) alterations or modifications to the Structure, or (ii) any maintenance or other work on the Structure with heavy tools, equipment or machinery at ground surface level horizontally within 25'-0" of the centerline of the nearest track, or (iii) any maintenance or other work to the superstructure of the Structure, then Agency or its contractors and/or agents must procure and maintain the following insurance coverage: i) Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least$5,000,000 per occurrence and $10,000,000 in the aggregate. The policy must be issued on a standard ISO form CG 00 35 12 04 and include the following: (1) Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) (2) Endorsed to include the Limited Seepage and Pollution Endorsement. (3) Endorsed to remove any exclusion for punitive damages. (4) No other endorsements restricting coverage may be added. (5) The original policy must be provided to the Railroad prior to performing any work or services under this Agreement 15 of 72 B/VSF BNSF File No. BF-20221321 HA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass As used in this paragraph, "Railroad" means "Burlington Northern Santa Fe Corporation", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. In lieu of providing a Railroad Protective Liability Policy, Agency may participate in BNSF's Blanket Railroad Protective Liability Insurance Policy if available to Agency or its contractors. The limits of coverage are the same as above. 12) Agency hereby grants to BNSF, at no cost or expense to BNSF, a permanent access easement from Agency property to BNSF tracks for maintenance purposes. Said access shall begin from Pines Road/SR 27 on parcel number 45033.9090, then proceed to BNSF's tracks over said parcel and parcel number 45033.9091. BNSF and Agency agree to memorialize this permanent access right by executing a quitclaim deed within a reasonable time after construction of the access point from Pines Road/SR-27 has been completed. ARTICLE V — MISCELLANEOUS PROVISIONS 1) 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 Bridge Requirements set forth on Exhibit F and depict all information in BNSF engineering stationing and mile post pluses. The "as built plans" must also include plan and profile, structural bridge drawings and specifications, and drainage plans. All improvements and facilities must be shown. 2) Subject to the restrictions imposed by Article IV, 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. 3) BNSF may, at its expense, make future changes or additions to the railroad components of the Structure if necessary or desirable, in BNSF's sole discretion, including, without limitation the following: (i) the right to raise or lower the grade or change the alignment of its tracks, (ii) the right to lay additional track or tracks, or (iii) the right to build other facilities in connection with the operation of its railroad. Such changes or additions must not change or alter the highway components of the Structure. If it becomes necessary or desirable in the future to change, alter, widen or reconstruct the highway components of the Structure to accommodate railroad projects, the cost of such work, including any cost incidental to alteration of railroad or highway facilities made necessary by any such changes to the Structure, will be borne 16 of 72 B/VSF BNSF File No. BF-20221321 FA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass by the Agency. BNSF and Agency hereby provide assurance in accordance with 49 U.S.C. § 22905(c)(1)(B) that, upon completion, the infrastructure will have sufficient capacity to accommodate both existing and future operations. BNSF's assurance regarding capacity is made by BNSF in consideration of current conditions and presently-known expectations for future capacity needs pursuant to BNSF's review of plans and specifications provided herein, in order to meet the grant purposes including to ensure the project does not limit current or future rail capacity. The provision of said assurance shall in no way obligate, limit, or otherwise restrict either party's rights or obligations under this Agreement or otherwise, or the ability to make changes in and to the project location or BNSF's right of way to accommodate future needs, including but not limited to any needs occasioned by BNSF's provision of rail services as a common carrier. 4) Agency may, at Agency's sole expense, alter or reconstruct the highway components of the Structure if necessary or desirable, due to traffic conditions or pedestrian or other recreational traffic; provided, however, that any such alteration or reconstruction must not encroach further upon or occupy the surface of BNSF's right-of-way to a greater extent than is contemplated by the plans and specifications to be approved by BNSF pursuant to Article III, Section 1 herein, without obtaining BNSF's prior written consent and the execution of a supplement to this Agreement or the completion of a separate agreement. 5) Any books, papers, records and accounts of the parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hereto, as well as the State of Washington, the Federal Railroad Administration, and the Federal Highway Administration for a period of six (6) years from the date of final BNSF invoice under this Agreement. 6) 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. 7) In the event construction of the Project does not commence within 48 months of the Effective Date, this Agreement will become null and void. 8) 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. 9) 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 17 of 72 B/VSF BNSF File No. BF-20221321 19A/'WAY Spokane Valley, WA DOT#982823D Pines Road Underpass provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable. 10) 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. This includes the following exhibits made part of this Agreement as if fully set forth herein: • Exhibit A: Plan Overview • Exhibit B: Underpass Easement Agreement - Exhibit A: Premises - Exhibit A-1: Legal Description - Exhibit B: Memorandum of Easement - Exhibit C: Notice of Assignment • Exhibit C: Contractor Requirements - Exhibit C-1: Agreement between BNSF and Contractor • Exhibit D: Cost Estimate for Railroad Work • Exhibit E: BNSF's Final Plan Approval Letter • Exhibit F: BNSF Bridge Requirements • Exhibit G: Total Project Construction Cost • Exhibit H: Assurance of Compliance with Applicable Federal Law 11) Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: BNSF: BNSF's Manager of Public Projects 605 Puyallup Ave Tacoma, WA 98421 Agency: William Helbig, Public Works Director City of Spokane Valley 10210 E Sprague Avenue Spokane Valley, WA 99206 PH: 509-720-5320 Email: bhelbig@spokanevalleywa.gov 12) In accordance with 49 U.S.C. § 22905(c)(1)(D) and guidance published by the Federal Railroad Administration dated April 29, 2022, Agency assures that it will comply with liability requirements consistent with 49 U.S.C. § 28103. 13) In accordance with 49 U.S.C. § 22905(c)(2), Agency assures that it agrees to comply with: 18 of 72 BA/SF BNSF File No. BF-20221321 HAIL WAY Spokane Valley, WA DOT#982823D Pines Road Underpass a. The standards of 49 U.S.C. § 24312, as such section was in effect on September 1, 2003, with respect to the project in the same manner that Amtrak is required to comply with those standards for construction work financed under an agreement made under 49 U.S.C. § 24308(a); and b. The protective arrangements that are equivalent to the protective arrangements established under 49 U.S.C. § 22404 with respect to employees affected by actions taken in connection with the project. [SIGNATURE PAGE FOLLOWS] 19 of 72 Docusign Envelope ID:FD9DBEOC-4C9A-43DC-99DF-80FD7EC16E4B S/V.SF BNSF File No. BF-20221321 RA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass [SIGNATURE PAGE 1 OF 1] 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 oownMd y: Signature: ^' Printed Name: John cech Title: vice President Engineering CITY OF SPOKANE VALLEY Signature:Printed Name:Name: H. Title: cT .,��� 20 of 72 B/VSF BNSF File No. BF-20221321 AA/L WAY Spokane Valley, WA DOT#982823D Pines Road Underpass EXHIBIT A [PLAN OVERVIEW] 21 of 72 GENERAL NOTES: NOTE INFRASTRUCTURE FOR REST EAST 1.THE NEM STRUCTURE IS DESIGNED IN ACCORDANCE WITH 3 ELEEEDA FROM EPTRACK RO ECRIDGE MTO LAKESIDE JCT.X4 TO SANOPOINT JCT.IDS THE 2021 EDITION OF THE AMERICAN RAILWAY ENGINEERING LIST OF DRAWINGS - BR. 62.9A. B. &C AND MAINTENANCE-OF-WAY ASSOCIATION IA.R.E.N.A.) p MANUAL FOR RAILWAY ENGINEERING,CHAPTER B-CONCRETE 8.o N PLAN NO. TITLE S STRUCTURES AND FOUNDATIONS,CHAPTER 9-SEISMIC °'.'° 8 e S EI - DESIGN,AND CHAPTER 15-STEEL STRUCTURES. 0045-0062.900-001 GENERAL NOTES ANT INFORMATION(REM _ z m Y e x P a 2.DESIGN LOADING:COOPER E80 WITH DIESEL IMPACT. 0045-0062.900-002 GENERAL LAYOUT _ _ _ 0045-0062.900-003 TYPICAL SECTION-DOUBLE BENT a 3.NEM CONSTRUCTION SHOWN IN HEART LINES. 0045-0062.900-0CM TYPICAL SECTION-SINGLE BENT 0.00% GRADE VARIES CONSTRUCTION BY CITY CONTRACTOR(FUTURE TORE!SHOWN 0045-0062.900-005 TYPICAL SECTION-ABUTMENT IN LICHT LINES. 0045-0062.900-O06 FOUNDATION PLAN 22 4.ALL WORM REOIIREMENTS SHOW ON THESE DRAWINGS AND OU45-0062.900-D07 BORING LOGS BNSF BRIDGE NOT OTHERWISE DETAILED SHALL BE ACCOMPLISHED AS 0045-D062.900-000 MISCELLANEOUS DETAILS n.1 NO.61.9A SPECIFIED IN THE BNSF STANDARDS AND THE MOST CURRENT 0095-0062.900-009 SPECIAL PRECAST CONCRETE ABUTMENT CAP(SHEET 1 OF 21 A,R,E.N,A,MANUAL FOR RAILWAY ENGINEERING.IN THE .S. o Ei EVENT OF CONFLICTS BETWEEN THE SPECIFICATIONS.THE - 0045-0062.900-010 SPECIAL PRECAST CONCRETE ABUTMENT CAP(SHEET 2 OF 21 i`$ MORE RESTRICTIVE SHALL APPLY. 0045-0062.900-011 SPECIAL MINGMALL DETAILS(SHEET I O 31 5.BRIDGE STATIONING AND ELEVATIONS BASED ON AECOI/ 0045-0062.900-012 SPECIAL MINGRALL DETAILS(SHEET 2 OF 31 BNSF OTIS ORCHARDS SURVEY, 0045-0062.900-013 SPECIAL RINGMALL DETAILS ISNEET 3 Of 31 _ 0045-0062.900-014 SPECIAL PRECAST CONCRETE DOUBLE BENT CAP BENCNM1flK CONTROL POINT NA3 0045-0062.900-015 SPECIAL 42'X23'-ID'DOUBLE CELL BOX BEAM(SHEET 1 OF 21 EXISTING MAIN 1 TRACK TOP OF RAIL PROFILE WS00T(ION GP32290-22 NORTHING: 272134.65 'n 0045-0062.900-016 SPECIAL 42'N23'-TO'DOUBLE CELL BOX BEAN(SHEET 2 OF 21 NO SCALE FASTING: 2525040.29 0045-0062.900-017 MODIFICATIONS TO 42'DOUBLE CELL BOX BEAMS!SHEET 1 OF 21 REFER TO BNSF OTIS ORCHARDS TO IRVIN DOUBLE MLI STA.9090425.37 0045-0062.900-0I8 MODIFICATIONS TO 42"DOUBLE CELL BOX BEAMS ISNEET 2 OF 21 TRACK BID PLAN SET FOR OEla ILS. OFFSET: 211.15 RT!EX.MAIN 1) ELEV.1989.77 0045-0062.900-019 WATERPROOFING LAYOUT AND DETAILS __„ WEST EAST A.ALL UT IL(TES AND BNSF UNDERGROUND CABLING Ili 0045-0062.900-020 ABUTMENT TEMPORARY SHORING TO LAKESIDE JCT,WA TO SANDPOINT JCT. ID' APPLICABLE(SHALL BE LOCATED AND PROTECTED FROM 0045-0062.900-021 MISCELLANEOUS STEEL DETAILS ISNEET 1 OF 21 DAMAGE.UPON REOUEST.UNDERGROUND UTILITIES MILL BE 0045-0062.900-022 MISCELLANEOUS STEEL DETAILS(SHEET 2 OF 21 LOCATED AND FLAGGED BY THE UTILITIES.EXCAVATION IN 0045-0062.900-023 BNSF BILL OF MATERIAL AND IMPACT PROTECTION DEVICE DETAILS THE AREA OP OUDERGRCUND UTITLIES SHALL NOT BEGIN W45-0062.900-024 GENERAL NOTES AM)INFORMATION ICITTI UNTIL ALL SUCH UTILITIES HAVE BEEN LOCATED AND L=400'-0' IDENTIFIED.AND THEN ONLY WITH EXTREME CARE TO AVOID • 2 0045-0062.900-025 GENERAL LAYOUT R=0.05 e ANY POSSIBILITY OF DAMAGE TO THE UTILITY FACILITY. ¢ 0045-0062.900-026 TYPICAL SECTION-DOUBLE BENT g $ CONSTRUCTION EFFORTS SHALL BE COORDINATED WITH ALL OTHER LOCAL UTILITY COPANIES PERTINENT TO THE pg5 0 -0062.900-027 TYPICAL SECTDN-SINGLE BENT $'.•+.• ;�o PROSECUTION OF WORK. BNSF SHALL NOTIFY UTILITY J§ 0045-0062.900-028 BENT ENCASEMENT DETAILS-BENTS 2,THRU 4(DOUBLE/_ LOCATORS 18111 48 HOURS PRIOR TO PLANNED WORK. 0095-0062.900-029 BENT ENCASEMENT DETAILS-BENT 5(SINGLE( 8 7.AREAS DISTURBED BY CONSTRUCTION OPERATIONS SHALL O�% i it� _Q 19% BE RESTORED TO A CONDITION EQUAL TO OR BETTER THAN , EXISTING. PHI 4034450.00 B.BNSF TO INSTALL TEMPORARY SHORING 45 NECESSARY FOR L L' OF INSTALLATION BENT AND ABUTMENT CAPS. 08 N + BNSF BRIDGE 9. BNSF STANDARD CONSTRUCTION SPECIFICATIONS SHALL pA, a NO.62.9C BE USED FOR THIS PROJECT. HILL_:. 3 ,1", $m REFERENCE: $...- m Eg I.ANSE STANDARD BRIDGE A COMPONENT PLANS ISSUED MARCH 1.2021. . 9y(n _ 2.BNSF OTIS ORCHARDS TO IRVIN DOABLE TRACK PROJECT BID PLAN SET ° I PROPOSED MAIN 2 TRACK TOP OF RAIL PROFILE BY AECOI DATED 2/12/2020. 3 NO SCALE REFER TO BASF IIII��� OTIS ORCHARDS TO IRVIN DOUBLE 3.CITY OF SPOKANE VALLEY PINES ROAD BNSF GRADE SEPARATION PROJECT WAY TRACK BID PLAN SET FOR DETAILS. PLAN SET BY HIM DATED 08/08/2023. EIP1%E' ` - el NOTE: FUTURE MAIN 3 TRACK TOP OF RAIL PROFILE MATCHES. 4. GEOTECHNICAL ENGINEERING EVALUATION REPORT BY GECENGINEERS '' _ BNSF BR 62.9C DATED o9/ro/zo23' SpE T:sr PROJECT R/LF9 �' i BNSF BR 62.9B-\ DIVISION OF RESPONSIBILITY: LOCATION i BNSF BR 62.9A RAILROAD-THIS PLAN SET �9f MIVABEAU PMMY -"�-.. ..._ ..........._..'.......'._......_ a (EUCLID AREJ ...- LOX CHORD ! �SNAREO USE PATH 1.BUILD BRIDGE FOR EXISTING MAIN 1. o -i $ 2.BI11LO BRIDGE FOR PROPOSED MAIN 2. PROPOSED PINES ROAD i. ...1 3.BUILD BRIDGE SUBSTRUCTURE FOP FUTURE RAIN 3. RE-ALIGNMENT - _ -_--- _N„ 4.PERFORM ROUGH EXCAVATION FOR ROADWAY AM)INSTALL BENT CROSS BRACING UCKEYE RO s �S �- d _-"--- C ITY-FUTURE WORK - m'SI a 1.FINISH EXCAVATION AT EACH BENT. F. ��' _ 2.INSTALL C.I.P.CONCRETE ENCASEMENT ON BENTS. JACKSONI , c - - `%' ' TWN(AY AVE N .0 TABLE OF ELEVATIONS 4, T` ` 10 i 00 v TRACE LOCATION TOP/TIE TOP/CAP PILE CUTOFF T/T TO PILE CUTOFF VICINITY MAP API 220.25.00 AN ABUTMENT 1 1.993.76 1.988.71 1,986.71 T'-0 1/2' EL 1964.25 (TP: '') PROP05E0 BENT 2 1.993.73 1.988.79 1,986.12 7'-7 1/4' NO SCALE IN THE CITY OFSPOIANE VALLEY,WASHINGTON PINES ROAD PROFILE MAIN 2 BENT 3 1.993.71 1,988.89 1,986.22 7.-5 7/8' > NO SCALE BRIDGE BENT 4 1,993.70 1.988.79 1.986.12 7'-6 7/8' LOOKING RALROAO NEST 62.9C BENT 5 1.993.70 1.908.72 1.986.05 7'-7 3/4' REFER TO CITY ' S _-.... ABUTMENT 6 1,993.70 1.988.67 1.986.61 7'-0 1/4' ROAD ANSI GRADE OMANE VALLEY PINES SEPARATION PLAN SET FOR DETAILS, ABUTMENT 1 1,993.75 1.988.71 1.986.71 7'-0 1/2' FUTURE BENT 2 1.993.73 1.988.79 1.986.12 7'-7 1/4' MAIN 3 BENT 3 1.993.71 1.988.89 1.986.22 I-5 T/B' FINAL PLANS BRIOCE BENT 4 1.993•70 , 1.988.79 1,986.12 0-6 7/8' 62.98 BENT 5 1.993.70 1.988.72 1.986.05 T'-T 3/4' • LAT: 47'41'21'N LONG: 117.14'20'W DES: CSS ABUTMENT 6 1.993.70 1.988•67 1,986.67 7.-0 3/8' BN '_�' LAKESIDE JCT.MA TO SANDPOINT JCT.ID ABUTMENT 1 1.993.01 I.988.71 I.906.71 7'-1 1/4' /�Gy OFW CITEDRAWN: OP SPOUNE VALIET,SPOKANE COUNTY.Na. CHECK: PJG OVER PINES ROAD MAIN I BENT 3 1.993.71 1.988.89 1.986.22 0-0 7/8' w`7�+ STREET NAME: PINES ROAD DATE: FEB.2024 BRIDLE ENGINEERING KANSAS CITY.KS 8 BRIDGE BENT 4 1,993.67 1.988.79 1.986.12 V-6 1/2' .`al ley. GENERAL NOTES AND INFORMATION IBNSFI B 62 94 -caSTATE CONTRACT NO.: %%-%%%% PLAN: %%% APPROVED: 9 BENT 5 1,993.67 1.988.67 1.986.05 7'-7 3/e' U ABUTMENT 6 1.993.67 1,988.67 1.986.67 7'-0' FED.AID.PROJECT NO.: A%X%0-%AAKX(RB%I LINE SEE: 0095 HOST.DIRECTOR STRUCTURES DESIGN PLAN ND: OOAS-0062.900-001 (SHEET: 1 OF 29 WEST EXISTING FO AND CONCRETE EAST 4 DUCT BANK(PROTECT IN PLACE( TO SAWPOINT JCT. ID- N TO LAKESIDE JCT.NA EXISTING EDGE OF 7 PPYEMENT PINCR ROAD EXISTING ABOVE GRUIW PONER _ , , 62.-0'± r�/ I I , I j LINE ITEIBDRART RELOCATEBY OTN'S mm /' 'i I% / ' /,/ / /V ,0 If PRECAST CONCRETE Hy // i �p/ • , I% WING WALL MN.W42-T % i'//' i 'k`S / it/' a it /, N ,%'/ i // i %i / / �// I PRECAST CONCRETE "' '^ iONSF TO PROTECT i l / /, /'PC PROPOSED/ / T ,/;/ WING NALL KC N2-T �"'i EXISTING ROADWAY // 71 a:`. . ///,' ,' 'PINES fl0AI i// / //� / / 7)/ /i .. Q . ]. o$ a •AND TRAFFIC DURING / / ' -,-.. _ „i STA.220+1 7' 71 ,,,/r i r /i/ - - "�/ $- �/ ,r, Q'„ I I „ BR.W.SIGN.W m�� / ABUTMENT EXCAVATION. •/ �IXU w /, ^"( _ X _ _ _____ ."_-__"__._._ - - -�-� �TRESPASSIW SIGN. w`OA ` • BILE DRIVING.AND / _____ ._-_�_- _�_ ���=-_� -� ,_��.a ���� AND SIGN POST(TOP.; �„ � W BRIDGE CONSTRUCTION !/f / I�.e�����=1:_=--- '�n- / , DP57 ITT./ hl!I _" g ITYP.( it Il 1/I' III hWi , 5B/2/810-SLIPD ///" !i 7,1, ro^ // �SB42-4B10%�'L ri '!/ -S892-3910-SL DPSI ITYP., ' ,!11�-SPECIAL PRECASTCONCRETE P ry 1' / ,' 4 35 .! ABVTIfNT CAP SAC62.9-1 ITYP.1 L' 'l I 5892-3516'SL __ 4 SB42.9BIb SLIPo 5892-J910-SE-0PS2 ITYP.f Ile1 u it 2"SPECBAL PRECAST COW/.TE �� N�, 2�1 B y� GAP PLATE AN.GP62.9-14 3-./I DINGWALL PANELS.M-SMP62.9-1 fr1 ^ _--_ II''BB11 MM_ , BI" 1 .; OPS3 ITYP�1-IN - $w VA GAP/PLATE W.GP62.91/ -11� - � , A' ,- ^- j -6 WN -"\-EXISTING My W g ' o l ,l 1'. YY C /¢PROPOSED AL41N 2 TRACK;/// i !1 ♦ REMOVAL WITH THENBNSFCOOTISI ORCHARDS ;J ,/ '/ �/ �' T � NATE S A.OPOSED5FIN.01 P H M IVNEst�s~ '2.-SPECIAL PRECAST =� •PROPOSED PINES ROAQ'/ /I''ll /', l',/�B,, I, TO IRVIN DOUBLE TIR TRACK PROJECT PRIOR =�1� `Ar� 'CONCRETE NINGNALL I p i -_._._ //_ /I, 5 A.2,6OD01.99=�,BFN'T 3 I I , i TO CONSTRUCTING PROPOSED MAIN 2 BRIDGE PANELS._IR_/14 9- �� _ L.;�.l._.s I_._._-_-_/_,ice._"_" } " , N,y.W.__1" I� _ __ _,+APLENX.21 PILE PLANFOR 4 ._" i '- 'FUTURE WIN 31 TRACK ._r y Jy yr y4�� CAP PLATE W.CP62.9-J 12".SPECIAL PRECAST CONCRETE'_m o. `' +,j ' II ECAST CONCREE.` / �,' ,, . STA.4035,12.69 ',/, 2".SPECIAI PRECAST CONCRETE 'i NINGNALL PANELS.K.SWP62.9-1�, v>?... ---'•'Y (� J�NT LAP C00-'ITYP 1 h °�,SPEIAL PRECAST'CONCRETE =¢PROPO$D PINES ROAD% LI - WINGWALL PANELS.AR.SVP62.9-I 1 TEYPpiARY SHEET PILE SHORING s 7 Q D -i / 'i DOUBLE BENT CAP 50062.9-I , j S A.219+0.57=¢BE' 7i,i',, LOP.) oH r / I YP.I / II , __ 1_. '2-' > i$Y1 l _„��� -- _--_ _�__�.__-____._-_� �� it�S PROPOSED POWER�'� /-- - L► !!�- �"-" PROTECTION IBM OTHERS).• gWj /7 8 7,i D `M "+ �'SB42-2310-SL !' NFIEllfijiriliMVfillgfifiiiiilIlt g035+00 PROTECT IN PLACE I+ a - / - cAPTLttf/!�_ i - g / /f MK•GP6 1�j44 �l 'r5B92-2JI0-SOU i,jj SPECIAL PRECAST CONCRETE / // /! ✓ u -- SPECIAL CAP SAC62.9-1 ( �, _�_--- _=---_�_ __-®-.--= _-��._ ___�: �_®--_n,- SPECIAL PRECAST CONCRETE pi.�---'� KING NALL 511N62.9-1 SPECIAL PRECAST COHCRETE "'�-`� �m i A\-- I NES ROADT CAP SAC62.9-I :�T L ' / ;`� I POINT OL MINIMUM .BRACKETS AND L. I J' CROSSING. R ¢EXISTIG MAIN TRACK//i / A,'! VERTICAL CLEARANCE( UTILITY CONDUITS E%(STING PINES AT-GRADE CROSSING. �J ���a!! • STA.4036-00.5D ' i / MAINTAIN TRAFFIC DURING CONSTRUCTION( Q. @ PRI7POSE0 PINES,'R�D / //• JOG UTILITY CODUITS TO �` /1 I l 111 v O / // STA:21 Z.70= BENT V` OUTSIDE OF WING DOLL ITYP.1 $PEC,IAL PRECAST CONCRETE -Z , ' /�,� / < /"�, ,NINGj WALL SMW62.9/2 / • J,0 ,//' �[ / i ,, /I'ro, �' 7:/ ,� ��/ �/I AILAOAD 51LN4L // ° �/ e'_D, mr TABLE OF LIFTING WEIGHTS �`-4/' I/ARM WROTErfT,IN PLACE) l7. i' A[0 4 0 /) 1//J'b, ILPACT PROTECTION •� ITEM (IGGHI l l �/ r.,FER I/ -0• �, 6. N P I, y/1 DEVICE ON BEAM EDGE • Ex ISTIW �i // TOP V St.' TOE OF ROPE /7' 2'14E / �/, I',/'', "p• !/ fACING TRAFFIC(TYP.1 r i SPECIAL 23'-10'PC/PS 42'DOUBLE BOX BEAM W/SLOPED CURB 4'01 60 '0• ' I• FENGE NINE ' . ' I .TN /// /� r ro' p� r, -6^ TOE O SLOPE SPECIAL 35'-10'PC/PS 42'DOABLE BOX BEAM W/SLOPED CURB 17.460 h 1 / �� l EXISTING 05['�FD / <4 %/ F/ (j /� RA ILROA CANTILEVER FENCE LINE P4A/ 1, "' F , „ 'ro, '6�A 4AD 0 C(/gB _SPECIAL 39'-10'PC/PS 42'DOUBLE BOX BEAM W/SLOPED CURB 0I.660 -j / SIGNAL PROTECT IN PLCEI / 3�0. jjj i'1'1D /0 C /// • C O C G/T�R -_ _-- SPECIAL/8'-10'PC/PS 42'DOUBLE BOX BEAM W/SLOPED CURB 1W.I10 I. I 1, BCIr/ ,,, G'/T , / „ i �P, _ - -TOP Ui SLOPE I '/'p[.(�,��� l /' 6N4 !!/ : TEN, //� i „ r , _"""__ -- -- SPECIAL PRECAST CONCRETE ABUTMENT CAP M%.$AC62.9-I 32.560 / / /T �EXISTIW JUNCTION BOX /l T 6'/ r. ,/ I 1-� SPECIAL PRECAST CONCRETE NINGNALL PANEL KR.SNP62.9-1PR 2.920 / / / JI (PROTECT IN PLACE( �( " 'T.ROPOSED PIN- 1.-� -l.f / / / /// // 14/ ���'�� '�^y 'ii 1_� - i/,219+2235[S-RB'�G-- SPECIAL CONCRETE SINGLE BENT CAP M.C00-1 20.060 SPECIAL PRECAST CONCRETE DOUBLE BENT CAP All.SDC62.9-I 33.870 PLAN EXISTING UNDERGROUND PRECAST CONCRETE WING WALL W.N42-T 5.600 55 (PPRU ECTAINGPLACEE I SPECIAL PRECAST CONCRETE WING WALL MK.SWW62.9-I/2 6.350 EE cc .- 198'-2"FACE TO FACE OF PARAPETS-NEW BRIDGE INSIDETFACE OFI A.PE08EN BRIDGE 2- STA.PE40J5E11.41 STA.903B+B8.98 HP21-1-0600-W(B.S.( 2" 23'-I0'PRESTRESSED 35'-10"PRESTRESSED CONCRETE 9 ITV') 8'-10'PRESTRESSED CONCRETE ALB'-IO"PRESTRESSED CONCRETE 39'-10"PRESTRESSED CONCRETE 2' CONCRETE 42'DOUBLE 42"DOUBLE CELL BOX BEAM SPAN 42'DOUBLE CELL BOX BEAM SPAN 42"DOABLE CELL BOX BEAM SPAN 42'DOUBLE CELL BOX BEAM SPAN EXISTING TOP OF TIE= CELL BOX BEAN SPAN (SPECIAL I (SPECIAL( (SPECIAL( ISPECIAL I PROPOSED TOP OF TIE (SPECIAL' HP31-0-08064(B.S.) HP30-0-0B06�(B.S.) ELEV.1993.67 HP31-0-0700-W HP20-0-0700-W NP31-0-0B06-W(B.S.) XPTO-O-DBG6-N(B.S.1- �HP20-0-090D-W�HP31-1-0900-F E%(STING TOP BNSF 2021 STANDARD PLAN REFERENCES NP20-0-06D0-W 18.5.1 (B.S.. IB.5.7 -0.2�% -TON OF TIE TO LOW TRACK GRADE VARIES -0.200%BRIDGE GRADE BRIDGE GRADE CHORD-4'-91'"(MIN. IB•5•I IB-S.1 FILL GAP BETWEEN ENDS DE BEAMS AND W ON TIE' PLAN NO.00000-f 000-02 GpNEAALLHGTOP N BETWEEN END OF BEAM AW FACE OF PROPOSED TOP PL W. 000-1000-06 H MDRAI C OE TS PARAPET WALL WITH(B1".I,"x40"x5'-6' ,- T-,, 1 (II__( _.._1... 11J _J1 l.__. 1 1 1 ---J- _.. _F. _ _ OF TIE . ELEV. 1993.Al PLAN NO.0000-11 -01 PRECAST GENT CAP C00-I PLIES PREM0.0E0 JOINT€ICIER IiTP.I� -- - - - PLAN NO.0000-1121-05010 WING DOUBLE CEL BEAMA DEPTH 1,'mr ;I; ..."--TOE PLAN NO.0000-1213-01 42"DOUBLE CELL BOX BEAN • BOARD I TTP.I PLAN NO.0000-1213-02 42"DOUBLE CELL BOX BEAM. �A. >_ N" - 11 APPROXRMTE 2 PRESTRESSING STRAND PATTERN i(n 2 1 � +( ��I;ii ! SPECIAL PRECAST CONCRETE 8102 I 1 IMPACT PflOTECTION 1 I BWf 1�- `J I PLAN W.0000-1214-02 29'CONCRETE CURB(SLOPED) `` ��7L., �� DEVICE ON BEAM EDGE I -12 1e'f PLAN W.0000-1222-02 HANDRAIL DETAILS al.1- 12 if .P=� 4 12 F ,s II OWBLE BENT CAP$DL62.9-1 ITYP.( iIIi z rL + li i'i LIMITSEXCAVATI.. �u,µ PLAN NO.0000-1222-03 HANDRAIL DETAILS FACING TRAFFIC ITYP.1 a 6 NI CIP CONCRETE ENCASEMENT ITTP.1 II III c Y¢o /I PLAN N0.0000-1222-04 HANDRAIL DETAILS -Sid -�'� ( Iljll g,� PROPOSED !j!'! C OF PILES AT 1 I'-0' PLAN NO.00G0-1222-05 CURB AND VALK I-0' ¢6 PILE$AT I' I 2 4, j INSTALLED BY CITY CONTRACTOR !i'! _ '� ('!, BTN.OF CAP-h.- PLAN NO.0000-1910-01 LIFTING BTM.a CAP 1!. I I GROWL INE tI.' O �I i� I (FUTURE WOPXI II'le - II! PLAN NO.0000-1910-02 PILE SPLICE AND WELDING 6 4i PRECAST CONCRETE I• I. 2% 11 z 2% �I�!- 'NOTE: Oi PLAN N0.0000-19/0-07 EMBED PLATES BENT CAP LW-I T i,y1i1. (r. 71-�•.i�r--r� ;F PLAN NO.0000-19I0-04 DECK AND CURB PLATES NP11/((PILE W/PILE I' �' !' ! II''!((, FINAL CONDITION SHOWN WITH FULL ROADWAY EXCAVATION FOR PLAN N0.0000-1910-05 BRACKET DETAILS BRACKETS OND ' L ! li UTILITY CONDUITS O5 POINT(TOP./ 1-i•, REFERENCE. BNSF FORCES WILL CONSTRUCT THE BRIDGES PER _ NOTE.NOTE:INFRASTRUCTURE FO114' APPROXIMATE&ISE EXCAVATION LIMITS IN ORDER TO INSTALL 3DELET PROJECT.MAINLONETRACK 3/BRIDGE 2 THE PRECAST CONCRETE ABUTMENT/BENT CAPS.STEEL CROSS O ELEVATION FUTURE OFRON BRACING.AND SPANS. CITY CONTRACTOR(N MA WORK( WILL COMPLETE FINAL EXCAVATION FEB THE ROADWAY AY AND INSTALL FINAL PLANS MAIN I BRIDGE SHOWN.OTHER BRIDGES SIMILAR. CONCRETE ENCASEMENT ON BENTS. - ATTENTION ! LAT: 47.41'21'N LONG: 117.14'20'W DES: CSS LAKESIDE JCT.WA TO SANDPOINT JCT.ID INFORMATION SHOWN ON THESE PLANS CONCERNING TYPE AND o`' DOT a XXXXXXX DRAWN: AEP ��� • BRIDGE NUMBER 62.9A. B. 8 C LOCATION O UNDERGROUND OR ABOVE GROUND UTILITIES IS 3° Try OF ,Ii it A.Ay NOT GUARANTEED i0 BE ACCURATE OR ALL INCLUSIVE. ��� 7Y1A CITY ON$PO(ANE VALLEY.SPOKAW COUNTY.NA. CHECK: PJG OVER PINES ROAD QI a BRIDGE ENGINEERING KAWAS[ITT.KS THE SVERIFT TIl OF AT OF OR THE FOREMAN ON CHARGE �`...,,,,Val I STREET NAVE: PINES ROAD DATE: FEB.2024 GENERAL LAYOUT 5 WILL VERIFY BEFORE LOCATION 6 UNDERGROUNDST AND OVERHEADE -. \♦/u �A STATE CONTRACT NO.: %X-XXXX PLAN: XXX APPROVED: BASF Fl ITIES ENGINEEflING INSTRUCTIONSGINNING HCHAPTEAON6AND PER THE _ , FED.AID.PROJECT NO: XXXX%-XXXXXIXX%I LINE SEG: 0095 ASST.DIRECTOR STRICTURES DESIGN PLAN NO: 0045-0062.900-002 (SHEET: 2 OF 29 EXISTING RAMPS T. 25N. R.44E. W.M. - SPOKANE COUNTY TO BE REMOVED AND REPLACED . s1 `-�-�'' •+•- -" P 213+97.22 PC(31.00',32.00 LT) 445 1 SEE SHEET STI �•-•+_ P 213+77.38 PT END CEMENT CONC.TRAFFIC I A \ FOR PROPOSED RETAI ING WA • +..''r/' • I END PEDESTRIAN HANDRAIL (31.00 LT) CURB AND GUTTER • j 1 ____0 BEGIN PEDESTRIAN HANDRAIL P 212+41.60 PC I\J P 212+66.54(42.39'LT) BEGIN CEMENT CONC.TRAFFIC N 1- P 212+00.00(27.66'LT) (29.47LT) CURB �_�mF P 210+57.98(39.30'LT) W BEGIN CEMENT CONCRETE / r1��y P 212+41.62 PC m }7 S. _ TRAFFIC CURB&GUTTER (28.47 L1) SEE SHEET DWI FOR r-_ i� Flr ft _. ._._._._._._._._._._.�._ SCHOOL DRIVEWA' DETAIL \ i�yJ 1- '�.',,Ili% S"SNARED-USE PATH �_ �_..._ 1 7SHARFD__°._-°- ..d_-m _4 ..- � ..�P =nac_..�aa.__�P.__y(''- �n_w eau -ecr -ecr-w-BCC -bCC w _ECY_�@ _8t1__ems. ea. n 8u aUSE PATH 'ici ftk__ .-__T7tl__ ._. ._. ._. ._. _l�-._. F I iW--w - _w _ _w_-xY__w--w -w -wc� w- i -w- -_ � w•_- Ty MO _=m- =nr_i�c- --cw- -cw_ F P 212+00.X(29.29'LT) .. J - w w 4,�m PAVING LIMIT 11Q © -"`�i•�N F �_ 1. PINES ROAD_ - 210 _ _ ___, _�LL_____�___ __ __ _____�_`_��'��l l'�O i O .END CEMENT CONC�TRAFFICarCURB -+ C{ME -\� ``�\ ''- • BEGIN CEMENT CONC.TRAFFIC I R 1 I BEGIN CROWN TRANSITION ' \Q, `l�/ CURB AND GUTTER E ) U � __w- w--ww--w- -w--w -w\� ' 12 SHAR I •eF—tiv -vwe�-ova----ws+�-yr-�9gr_11'r=w--w--w--w•--w-- -w--w--w --T/4_ ��✓- __.E0.USE PATH ' -_ss_-a._reF BF\ I v4-- . --eF--eF--BF-- - '4F--"i--ar--eF-I-�\ f: /� 7 �� S�NS Ro 0/ � I 1 i w �•` \ P 212+00te(29.TTRT) 44 0. 1} eI !2i/ '•.` ; I BEGIN CEMENT CONCRETE ;�1 O (P 213+116 67 PT f I , 1/ / TRAFFIC CURB&GUTTER +----.__` (30.93'RT) I Pt I m �I I I+ 7�'- •\-+• ,_—I P 212+35.00 I 4 2 ',,,S' I �1 'I j P 212+00.00 END CROWN TRANSITION S 820' IE 13 II I i 1.`•11~�:�.. �,L• ---- ._.-•, I) P 212+29.85 PC • Y Y II° ri 'iY` (29.89'RT) i_ \ �. 29, R 1 11 I P 212+29.85 PC I x O. I ill t f (30.89'RTl I '\ �x� \ i' 1 I �__! 1 1 I I l } x io I i of I $ 1 �li 1 II 4 F ^I O u\ 11 ) 1(' •- o F mI 1 ` 1 ‘ 7.2 /....::„.......................... \ 1 E .\`+1 1\ \1 q 4 1�� -r°M� 'I7. \ ----- NOTES: 1. SEE SHEET PV1 FOR LEGEND 0 25 50 r-.`� �'` •I -\I-yp SCALE IN FEET +\�7 y 'I% • ` �• j I It I\< .1�C�f�..h..' I 1 \ \7, 1 I u 1 1 \ 1 £ FILE NAME +:IpwwodtlngIwe"1011tl2172371IPINES P3 PV 004.dgn M 3:$Lf�A n° ?"'[-1 1- e.T''pw'.,r£'' AIM Ilk Plot 1 TIME 10:20:53 AM "max FEDIAID PROJ.NO °syQy I killle=�' @_•, SR290)$R27 rux.e MO DATE 9/5/2024 10 WASH PV4 PLOTTED BY EMCGUIRE j�alle�" '�/ PINES RD BNSF GRADE SEPARATION DESIGNED BY B KIRKMAN '10"'""�"O1 ' � 5— DESIGNED ENTERED BY D DATTA Washington State SPOKANE COUNTY -MP 8.43 CHECKED BY B SHEA �x,x"„xo. ,..... sf ro F,� Department of Transportation PROJ.ENOR. S MARSHALL f.• REGIONAL ADM. M GRIBNER REVISION DATE BY - E :..x..o. �..e PAVING PLAN T. 25N. R.44E. W.M. - SPOKANE COUNTY -- \\ �` ( `��-,0p'_J�� END TAPER PT(36.50'Li) `\ \\ `\ \"`\ �E=� �� yp�- 0e {. `\` SEE SHEET PVDB - W ; _ ��N�bO' \ • ` -s�"�3 -0 P 219+ , .1.. FO' S P ONNE -•N DE IL �" -to_ `\ \ \ _ x*--\ j.0,- 96.23 PC(37.50'LT), -- \,� _-T'e}'iB `x� -aPa`- "fP--DPx -- x �% x-F-x x_.yr W • 9 \ "� `a - +89 92 P --x x-x -x-X • _we' 2 -P 217+29.00 PC(31.00'LT) �gi A� _-_-___� BEGIN TAPER '- <.p Dp •' `�� BNSF RAILROAD ---------_ C (36.09'Ln P 221+26.03 PCC N •__ - _,---__� VA RIGHT OF WAY .--_---- 64 •-- P 220+32 92 PC ( n �:.S.Ai-c--a--- SE PA7H _----- .........-__`\\._--•..--- ----w♦1\\\•� \\� 11111r--,-� \ u� L SP4JNE r.‘\\LO%I*Vik •-•----____,-••---_ _ _ \ FOR SHARED•I 6 SEE SHEET US P 218+23.2d(57.49'LT) - - ___ _ ---VIi\ lrir E PATH DETAIL BEGIN PEDESTRIAN HANDRAIL - /'- w _� A _ 35:1 TAPE \.---'� ---- ®_ -lic\----ai\� .. R 194 y 32, .-,•,.-;,Noi• P 220+45.34 C __ �- - R-446' (4.33'Ln 0. 0 6 P 218+91.88 PCC (8.64'LT) ~ (5.s6'R45.62/PC he I $ ti�A- n \�)\ SEE SHEET 5T2 • 217 • �-�`����a�\`-15 � _• 121 \ \\ FOR PROPOSED RETAINING WALL 2a u P-LINE w PINES ROAD 218 \` -�•� �atii��� `\y m • \\ ,;. r ER 2 '�S� , .�-ls u y � `, \ 27 � 29.6� /• sr\ NN R=294• IV:.. „, x�5 � (P3 5P22 .2 T00 RT+ C\ do \ \ \ x.'•s 5 y 35:1 TAPER \�1 -xx 452.96 PCC \; . RT) '15 a. P 217+29.00 PC (31.00RT) \ A \ \, ®{, �`\�\\ \ 6/ ` © BEGIN TAPER �\ \ `'$ `' `\ P 220+,D6. ,PC,3�\\`_o ‹+ R•266' y \ `� P 222+91.45 PT P 218+9t.84 PCC (7.51'Rn \ \�'\ 6 1` ,\(3�i\44'RT) a.Q\1\\. i- (26.76'LT) �J '\ .� `q\a\P zzz.22ss Pcc P 219+22.36 `\ 't' '\ 4 3`�`\(31.42'FPG .1- \ .\ \ END TAPER c\ `l' }y,p �'✓, ', •�\ V\p\A\'�� ,,, 19T s w ;\\ ` Ii SEE SHEET p q. Apo \ \ \\ '\ •/•` \\r' A '� :\ \ FOR TRAFF r - • DETAI \ 4,J J `s \` O `' `\\ ``\�N. \ / / v3 R% \ \ `. ` • \ `�\\;,\ P 222+75A7\PCC \� \ •.\ i ✓. \ \` 3\\\\\1A (28.55'Rn +\ R91064' \\ \ 1.• •,\ 4 • • ` " \ `\ 3;\\ P 223+95.45\PT Substructure \\\\\;\ (25.00 Rn +\ 51/ removed from project \\\`\,sy +\ „1. \e�� per direction from \`3 \ 25 "0. NE \ 3`:*. i\ \ eoo_o BNSF. �3::.\ MPSGp 2Z. o NOTES: "\ 1. SEE SHEET PV7 FOR LEGEND \ 1----•-• 0 25 50 \\ SCALE IN FEET FILE NAME O:IPWWorkIn91Wes1011421723711PINE5 PS PV 005.4gn _75:.!e.�, 4 F'-•)s 1 Plot TIME 1D:24:41 AM ...r., r-FEDAID PROJ.NO. x� d_ DATE 9/5/2024 '" - -- Q, wM'� S( lcanc SR290/SR27 """REF"° 10 WASH Y i. j �I/ PINES RD BNSF GRADE SEPARATION PV5 PLOTTED BY EMCGDIRE ° . _ `i1ttCV• DESIGNED BY B 1(IRKMAN .es...su ENTERED BY U DATTA - ���;,;a�c+v` -- ��� Washington State SPOKANE COUNTY -NIP 8.43 '""' CHECKED BY B SHEA .o..•R«o. .»o Department of Transportation Of PROJ.ENGR. S MARSHALL -' - - - _ REGIONAL ADM. M GRIBNER REVISION DATE BY A.a� „. ..c s.."r•o. .r.:...•a. �. PAVING PLAN w+rs TR "'+6(3iei°T) T. 25N. R.44E. W.M. - SPOKANE COUNTY T° < BICYCLE RAMP TR 117+38.91 PCC E 318+63.27 PCC ''/ F3j8SGSF6 SEE SHEET PVD9 FOR O ,(34.78'LT) SEE SHEET SI2 FOR (18.4T Rn;' , Q7 `s"F� SHARED-USE PATH DETAIL .. 1 '; SEE SHEET SH FOR SEE SHEET PVD7 FOR SPUTTER ISLAND DETAIL 1�� '7 E O SPUTTER ISLAND DETAIL CENTRAL ISLAND DETAIL V,3a '/- �_ YR 119+71.80 PCC ---% \I >/ � / / NIP IIIIII.IrBED2.. �■ ' -I """ii" '' \ I (15.39'LT) SCALE IN FEET 6 n © �L_ ecc ea c48I w7 _ ea-_ems__ett--e A \ R=200' R.799' O '+,0.0 \ 141 --ect-_ _ A0.-•_ TRENT AVE. 118 �� -JAI, ., •_________.,40, � ,pCtST-ST-sT - .al1.,,�,�-- „ O \ - wB•502+01.01 AP,PC����°38•� 280 ___ ��.p .zsim '� 12.o0'L1p501+21.18 PT-(16.54'LT) 502 n UNE_ r.��' m E I- °` t 0 °_ _ zs.a 4 tR wD x • II - - ' =99o9'� n p _iiiiiigia II' ....- 7,AR eD_r,...,. ..__Ilummi - .,_,!7_. ,, t4 i, co t % 4 i Alir * . . / ,:-----,Aillam....._ __ •------ `g t1 '- '',TR 116M2.00-(49:Ba{LYj:__: __r g-UNE f1•: -BEGIN ROUNDABOUT CEMENT -- -------_- --... e c T 4p •u CONC.CURB AND GUTTER -i•� °=NIF --£ 400 w. CR=999 yt� .,APE 2•-,'TR 117+37.93 PCC _ °tai1•- 3p•, a� �� • -L_SEE SHEET SI2 FOR �• --I 4r (4S2TRT) �� S - SPUTTER ISLAND DETAIL _. '-wl ` 9 - _ TR 119+1775-PT'• 1 y= SP 22+7011(7.OD'-RT) BUFFER VARIES (R4.12'Rn `����\ s 111rrr 2�s END PEDESTRIAN 5'MIN. '9s. o s- TR EB 401+36.55 PCC `�`y �p - HANDRAIL' -•--_ TR 119+21.52 PC(84.94'RT) 26.7' o (13.69'RT) i S 3 END ROUNDABOUT CEMENT ' 14 t S TR EB 402499.27 PCC 0 20' j O SS SH ET FVD6 FOR w��iti 1INF C FP. - 3 CONC.CURB AND GUTTER •' /i 3/ ° ��4.39'RT) P /1.2.7 ,... -`q..11 TYPE 2 :� II / 9 12'SHARED= • D -Q,o o ((( �, -,�" BEGIN CURB TRANSITION I. - -/ USE PATH °Q_ _ "I' �q "} ©',• \_ F - 2 C P 229+16.87 PC(76.82'RT) 1 4' I "'\ �p \ ?S END CURB TRANSITION 1 �� // i' ( J`e END ROUNDABOUT /I /}� k \ /p4 ''CEMENT CONC.CURB if `,� TR EB 400+01.95 PCC `lE•T4I G \ v h•�C `••`.•--`-., AND GUTTER TYPE 1 R=104' �/ 4 ° 1., k\k �. / S Rp •'..` -.P 229+15.11 PC /' I ( j �� •Y S \�- �.. ( P 229+24.12PC b .� �e (61.19'RT) SEE SHEET PVD9 FOR \k \k\ Z .SEE SHEET S@�Rh 5�/ J // II --,i- , �I li( 3 �_ \k\ 26 \\\�\TRUCK APRON DETAIL L.- P 229+03.30 PT k � (53.11'RT) TR EB 4 1+94.21 PCC \k\,1, y/N,..,,,, sr P 228+53.39 PCC ( TR EB 401+78.98 PCC 4k\ ~ ST (46.79'RT) (58.43'RT) V 'Y\* 26.0' 8 3^, TR EB 401+77.76 PT(70.16'RT) ti • •�', END ROUNDABOUT CEMENT �227 -ST- R 6ST ST- ® CONC.CURB AND GUTTER P 226+20.00(25.Oa LT,25.00'RT) / - =' TYPE 2 END CEMENT CONC.CURB TR EB 402+01.21 PC AND GUTTER (53.77'RT) BEGIN CURB TRANSITION \ 26.8' +l�f; "Y\ ?��7 TR EN 401+99.15(72AR RT) P 228+1290 AP +s BEGIN ROUNDABOUT CEMENT P 226+25.00(25.00.RT) \ CONC.CURB AND GUTTER TYPE 2- END CURB TRANSITION` Z \. (48.62 RT) /g BEGIN ROUNDABOUT - CEMENT CONC.CURB `` X + -A--9-x, 1S AND GUTTER TYPE 2 � ,S�� x\ \4 P 226+25.00 PT(25.0(7 LT) �'': 3U� \ .. 1gQ END CURB TRANSITION L' � + U P 227+65.37 BEGIN CEMENT CONC. P 226+99.83 PC ��`�`�C , R=12a N NOTES: (27.11'RT) 'a,: ��J 43.06'R 1. SEE SHEET PV1 FOR LEGEND GUTTERBTPE;RB AND ```�` `` `` ( n SEE SHEET SI3 FOR P 227+46.53 PCC SPLITTER ISLAND DETAIL (38.92'RT) FILE NAME o:lpwworkinglweSM11E21723711PINES PS PV 002.ogn ,e- 41 •7=• Plot TIME 10:25156 AM p101 """ ed3.�=�. '-i:..N <..„ '�, ,;' , ,. ,t SR290ISR27 """te n DATE 9/5/2024 "10 WASH PLOTTED BY EMCGUIRE 1 �`�� jvalley' �I/ PINES RD BNSF GRADE SEPARATION PV2 DESIGNED BY B KIRKMAN as xwnet N 0,' R L Washington State 6XC°' ENTERED BY U DATTA -.., OR P 0 P SPOKANE COUNTY -MP 8.43 CHECKED BY B SHEA comm.xo. . Department of Transportation DS ortatlon v PRO/.ENGR 8 MARSHALL A ,y i �L AMMA �... ,.ma REGIONAL ADM. M GRIBNER REVISION DATE 0Y "+-;4P N,J . r . `P;.e l _,_ PAVING PLAN ... .... .... .... .... .... .... .... .... .... .... .... .... .... .... 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P F 212+80 213+00 214+00 215+00 216+00 217+00 - 218-00 219+00 220+00 221+00 222+00 223,00 224+00 225+00 226+00 FILE NAME c5pwworkInglwe.t81Id2172361APINES-_PS PR_RD 003A8n THE 10:28:42 AM e.moN nn` %.I.NP 'NANNL NUN NCF.No. DATE ws/zoze SR2901SR2T PLOTTED BY EMOGUIRE 10 WASH �, ,�- � l]py �I/ PINES RD BNSF GRADE SEPARATION RP3 DESIGNED BY B KIRKMAN JO.MINER N E1 4 A• •/ R ,,,,, ENTERED BY u oaTTa /"' Washington State SPOKANE COUNTY -MP 8.43 CHECKED BY s SHEA CONT..CT NO 1.0.11011 + ` -) Department of Transportation PROJ.ENGR. S MARSHALL CON . -,I CT •`I ..,, .�w. REGIONAL ADM. M GRIBNER REVISION DATE BY r wN ROADWAY PROFILE ••• •••• .... •••• •••• •••• •••• •••• .... •••• •••• .... •••• •••• •••• •••• •••• ._. .••• ••.• •••• •••• •••• •••• •••• •••• •••• •••• •••• •••• •••• •••• •••• •••• •••• -•• .. .... .... • .... • .... .... • .... .... .... .... .... .... .... • .... • .... • .... • .... .... .... .... .... .... • .... .... • .... .... .... .... .... .... .... .... .... • .... .... .... .... . . .••• •••• •••• •••. •••• •••• •••• •••• •••• •••• •••• .••• •••• •..• .... ...• .••• •••• •..• .... •••• •••• •••• .... .... ..•• •••• .... •••• •••• •••• •••• •••• •••• •••• •••• •••• .. RUAUWAY SAL lILR RUACWAT SECTION .... .... .... .... .... .... P2.. .... .... .... .... .... P3.. .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .. 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TIME 10:29:08 AM ^eo' � J.N r C — w kw.xa DATE 915/2024 ;� • olCane SR290/SR27 PLOTTED BY EMCGUIRE 10 WASH �' „ alleyr �I/ PINES RD BNSF GRADE SEPARATION RP4 DESIGNED BY B IOR MAN JO'wMa N • ENTERED BY U DATTA Washington State SPOKANE COUNTY -MP 8.43 CHECKED BY 8 SHEA CONTRACT I-) Department of Transportation PROD.ENGR. S MARSHALL Rw�w■ �, B6�tr,. onrz REGIONAL ADM. M GRIBNER REVISION DATE BY 'r` "?'*�3 N -CT�°r* ..r a�. ROADWAY PROFILE .+peers BNSF File No. BF-20221321 Spokane Valley, WA DOT 82823D Pines Road Underpass EXHIBIT"B" UNDERPASS EASEMENT AGREEMENT FOR BNSF FILE No.: BF-20221321 THIS EASEMENT AGREEMENT FOR PINES ROAD ("Easement Agreement") is made and entered into as of the .204 day of November, 2024 ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and CITY OF SPOKANE VALLEY municipal corporation of the State of Washington ("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of Spokane, County of Spokane, State of Washington, at Mile Post 62.76, as depicted on Exhibit "A" attached hereto and described on Exhibit"A-1" made a part hereof(the "Premises"). B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement dated as of November 2, 2024 concerning improvements on or near the Premises (the"C&M Agreement"). C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the Easement Purpose (as defined below). D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set forth in this Easement and in the C&M Agreement incorporated herein as if fully set forth in this instrument which terms shall be in full force and effect for purposes of this Easement even if the C&M Agreement is, for whatever reason, no longer in effect. NOW,THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1 Granting of Easement. 1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the C&M Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to herein as"Improvements"and shall be constructed, located, configured and maintained by Grantee in strict accordance with the terms of this Easement Agreement and the C&M Agreement. 1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement("Easement") under 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 C&M Agreement. 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor and any other parties who may obtain written permission or authority from Grantor: (a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or structures of like character (collectively, "Lines") upon, over, under or across the Premises; (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and 1 Easement Agreement Form 704CM; Rev. 03/23/2019 B/'VSF BNSF File No. BF-20221321 iVA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass (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, INCLUDING ENVIRONMENTAL CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the Improvements. Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder. Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor,the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s)of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee must mark 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 2 Easement Agreement Form 704CM; Rev. 03/23/2019 SNSF{ BNSF File No. BF-20221321 NA.L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass 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 Environmental Laws (as defined below). 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 Materials (as defined below) on or about the Premises. 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 Materials on, from, or affecting the Premises. Grantee shall use its best efforts to immediately respond to any release on or from the Premises. Any violation of Environmental Laws or any inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises must be immediately reported to Grantor at EnvironmentalLeases@bnsf.com. Grantee also shall give Grantor prompt notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure a 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. 7.4 Soils and Materials Management. (a) If during the construction or subsequent maintenance of the Improvements or any other soil-disturbing activities, soils or other materials considered to be environmentally impacted are encountered, Grantee will stop work immediately and notify Grantor. After consultation with Grantor, Grantee shall, at Grantee's expense, characterize any such impacted soils. Upon receiving sampling results, Grantee shall, at Grantee's expense in consultation with Grantor, manage, remove, and/or dispose any such impacted soils offsite at an appropriately-licensed facility in accordance with Environmental Laws. Soil characterization and applicable disposal requirements, shall be in accordance with applicable federal, state, and local Environmental Laws or in consultation with an agency having the capacity and authority to make such a determination. (b) All soils and materials to be removed from the Grantor's property or right of way must be properly characterized, managed, transported, and disposed at an appropriately-licensed facility, at Grantee's expense, in accordance with all Environmental Laws. Grantee shall be the "Generator" of any and all such materials and waste, as such term is defined in Environmental Laws. (c) All fill materials to be imported to Grantor's property shall be certified clean fill or from a BNSF-approved source. 7.5 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 all reasonable actions 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 3 Easement Agreement Form 704CM; Rev. 03/23/2019 8AP1W.. „APc- BNSF File No. BF-20221321 RAILWAY Spokane Valley, WA DOT 982823D Pines Road Underpass obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 7.6 Evidence of Compliance. Upon request by Grantor, Grantee agrees to furnish Grantor with proof satisfactory to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor may, at its option, terminate this Easement Agreement if (1) Grantor serves Grantee with notice of said noncompliance and Grantor's intent to terminate, and (2)Grantee does not cure the alleged noncompliance within thirty(30)days after being served with said notice. Upon termination, Grantee shall remove the Improvements and restore the Premises as provided in Section 9. 7.7 Notwithstanding anything in this Section 7,the parties agree that Grantor has no duty or obligation to monitor Grantee's use of the Premises to determine Grantee's compliance with Environmental Laws, it being solely Grantee's responsibility to ensure that Grantee's use of the Premises is compliant. Neither the exercise nor the failure by Grantor to exercise any rights granted in this Section will alter the liability allocation provided by this Easement Agreement. 7.8 "Environmental Law(s)"shall mean any federal,state, local,or tribal law,statute,ordinance,code, rule, regulation, policy, common law, license, authorization, decision, order, or injunction which pertains to health, safety, any Hazardous Material, or the environment (including but not limited to ground, air, water, or noise pollution or contamination,and underground or above-ground tanks)and shall include,without limitation, CERCLA 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., CERCLA; the Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and Community Right-to-Know Act,42 U.S.C. 11001 et seq.;the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been amended from time to time, and any other federal, state, local, or tribal environmental requirements, together with all rules, regulations, orders, and decrees now or hereafter promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future. 7.9 "Hazardous Material(s)"shall include but shall not be limited to any substance, material, or waste that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or tribal governmental authority because of toxic,flammable, explosive, corrosive, reactive, radioactive or other properties that may be hazardous to human health or the environment, including without limitation asbestos and asbestos- containing materials, radon, petroleum and petroleum products, urea formaldehyde foam insulation, methane, lead-based paint, polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i) substances, (ii) materials, or (iii) wastes of any kind, including without limitation those now or hereafter defined, determined, or identified as "hazardous chemicals", "hazardous substances," "hazardous materials," "toxic substances," or "hazardous wastes" in any Environmental Law. Section 8 Default and Termination. 8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or remove any interference with the activities or property of Grantor, or anyone or anything present on the rail corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this Easement Agreement. Grantor may, at its option, terminate this Easement Agreement byservingThirty Abandonment. p 9 Y (30) days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to 4 Easement Agreement Form 704CM; Rev. 03/23/2019 S/"V'SF BNSF File No. BF-20221321 RA/1WAY Spokane Valley, WA DOT 982823D Pines Road Underpass 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 C&M Agreement, at law or in equity. Section 9 Surrender of Premises. 9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement, whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense, immediately perform the following: (a) remove all or such portion of Grantee's Improvements and all 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, including, but not limited to, environmental damage; (c) remedy any unsafe conditions on the Premises created or aggravated by Grantee; and (d) leave the Premises in the condition which existed as of the Effective Date. 9.2 Limited License for Entry. If this Easement Agreement is 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 the Premises are surrendered. Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 10 or any other section of this Easement Agreement. Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an exchange under Section 1031 of the Internal Revenue Code. In such event, Grantor shall provide Grantee with a Notice of Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of receipt of such notice. Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft. 5 Easement Agreement Form 704CM; Rev. 03/23/2019 B/'VSF BNSF File No. BF-20221321 RA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass 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. 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 90 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. 14.5 This Easement Agreement and the C&M Agreement, which is incorporated herein, is the full and complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Grantee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. 14.6 Time is of the essence for the performance of this Easement Agreement. Section 15. Administrative Fee. Grantee acknowledges that a material consideration for this agreement, without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this Easement Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of$2,500.00 over and above the agreed upon acquisition price. Said fee shall be made payable to BNSF Railway Company by a separate check. Witness the execution of this Easement Agreement as of the date first set forth above. 6 Easement Agreement Form 704CM; Rev. 03/23/2019 B/VS.F BNSF File No. BF-20221321 NA.L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Chris Danos Title: Assistant Vice President Economic Development GRANTEE: CITY OF SPOKANE VALLEY municipal corporation of the State of Washington By: 4/!! ._ Name: `,011rt l hmW•� Title: C--i+y v %ttAGt9t r 7 Easement Agreement Form 704CM; Rev. 03/23/2019 B/VSF• BNSF File No. BF-20221321 qA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass EXHIBIT "A" Premises 110 ...,",u.......—...,...w......«,..sw�x..».r.w.e...,.....nwn..«. ".e..r:nw.r....�wwn,.,, n 11i �`, t e S � �' " 7 I . .ill."...,,,, i 1 i ,t, ' '$6.s'‘''''''..%*-'NN\V,''''\.:';‘,, X<N,'\.\ -; 4 , ,,,,,,,,,,,,,z,,,,,;sk,:k„,,,,,"k„,,,,,,,,,1-,..,-.:*,...,k„,,,,,', Iso y � R 4 '$ ccz igZ li T 1 gil '. 2 w=p' ' fiis: rn § � � 2 Q 3 s F rz M W ;� 6 z N 1 Easement-Exhibit A Form 704CM; Rev. 03/23/2019 S«!SF BNSF File No. BF-20221321 ,9.4/LYYAY Spokane Valley, WA DOT 982823D Pines Road Underpass EXHIBIT "A-1" Legal That portion of the Southwest Quarter of Section 3, Township 25 North, Range 44 East, WM. lying 30 feet East of the centerline of Pines Road, South of the South right of way line of Trent Road(SR 290) and Northerly of the following described line; Beginning at the intersection of a line 30 feet east of the West line of the Southwest Quarter of said Section 3 and the South line of the Burlington Northern Santa Fe Railroad right of way; thence N63°03'47"E, 272.50 feet, along said South right of way line; thence N01°42'11"E, 251.74 feet; thence N52°12'54"E, 43.38 feet; thence N70°04'19"E, 561.64 feet; thence N35°17'38"W, 249.89 feet to the Southerly right of way line of Trent Road. (Contains 225,674 SF) 2 Easement-Exhibit A Form 704CM; Rev.03/23/2019 7386141 11/25/2024 03:07:59 PM Rec Fee:$307.50 Page 1 of 5 Easement SIMPLIFILE LC E-RECORDING Spokane County Washington eRecorded RETURN NAME and ADDRESS City of Spokane Valley 10210 E. Sprague Ave. Spokane Valley, WA 99206 Please Type or Print Neatly and Clearly All Information Document Title(s) Memorandum of Easement Reference Number(s) of Related Documents Grantor(s) (Last Name,First Name,Middle Initial) BNSF Railway Company Grantee(s) (Last Name,First Name,Middle Initial) City of Spokane Valley Legal Description(Abbreviated form is acceptable,i.e.Section/Township/Range/Qtr Section or Lot/Block/Subdivision) Ptn. SW'/, Sec. 3, T25N, R44E. W.M. Assessor's Tax Parcel ID Number APN 45047.0001 The County Auditor will rely on the information provided on this form. The Staff will not read the document to verify the accuracy and completeness of the indexing information provided herein. Sign below only if your document is Non-Standard. I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some parts of the text of the original document. Fee for non-standard processing is$50. 7386141 Page 2 of 5 11/25/2024 03:07:59 PM BNSF File No.BF-20221321 Spokane Valley,WA DOT 82823D Pines Road Underpass MEMORANDUM OF EASEMENT THIS MEMORANDUM OF EASEMENT is hereby executed this as day of November, 2024, 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 CITY OF SPOKANE VALLEY municipal corporation of the State of Washington Grantee"whose address for purposes of this instrument is 10210 E. Sprague Ave. Spokane Valley, WA. 99206, 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 Spokane County, Washington as depicted on Exhibit "A" attached hereto and described on Exhibit "A-1" made a part hereof and incorporated herein by reference (the"Premises'); WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated November 09.0 , 2024 (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. END OF PAGE—SIGNATURE PAGE FOLLOWS 1 7386141 Page 3 of 5 11/25/2024 03:07:59 PM B.rILCSF. BNSF File No. BF-20221321 AMMU! HA/LivAY Spokane Valley,WA DOT 982823D Pines Road Underpass IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to as of the date and year first above written. GRANTOR: BNSF RAILW Y OM A Y, a Delaware corporation By: Name: Chris Danos Title: Assistant VicP President Economic Development STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of November , 202�, by Chris Danos (name) as AVP Economic Development (title) of BNSF RAILWAY COMPANY, a Delaware corporation. RtWNDABuittOn t N to Public ( \? Notary iD t3474616 � d ( Tao. My Commission Expires p 9A-//2,0 Goi September 21,2oza_t My a ointment expires: • ----- - --- (Seal) GRANTEE: CITY OF SPOKANE VALLEY municipal corporation of the State of Washington By: "1:4 ----. Name: -7-0+6✓ A/ '-.',.✓ Title: r. rX lwr.,.�sGt✓+— STATE OF ivv i 5 41 )l `0 § § COUNTY OF aP::4. is § 29 This instrument was acknowledged before me on the 1". day of Lit. £=1 ,2-923, by .30 {-{oHM.A,r3 (name)as (i fl' MA NA(;' (title)of C.t t) c C-7i i'i�A7^w- V sALA-G ,a ft+(;.i,v"!L t "r Li?",.,'` . id)i,;:' ilitil:fri - /•Tit..1,1 4pigl-- Not Public / af My appointment 0 1 L)7- 1t, �:. *.YERS.1 /fit (Seal) . ,,....swiiii,Fy /j o,���o7gg J-'lc., '/i i So24023457`% i ( AUDoci _c 2 / 1:, ,,,..gzi„," „ ,,ropw„,.. ....„ iii,,,,,„..... 2 7386141 Page 4 of 5 11/25/2024 03:07:59 PM BNSF File No. BF-20221321 Spokane Valley,WA DOT 82823D Pines Road Underpass EXHIBIT"A" Premises •- #5603 ''- ' 90) �r � ossF a'E':} # N2 .\a9 8 / RBA RIB 4,100a rls2125 11' a; .. 43.38 $0� �r1S� . 1 ,- 1�E- :5°= -----". 3\ -\\ .\„E...... ✓i 1 1 _� ce �'s, a .1 3-0 0-ro. cm, _ - 6 .00K 128, d 6ys� . 2�0 � 308 y i F \\\\ st, __ --1 —'" /' , S et:-94 1 t ) \til t s 32iAr - 310 �dIP.A A- — I! I EXHIBITf. Ewa oFx `;° '- 7 EASEMENTS ii :4„, f. '•. 5. :o 0 150 300 600 6' 34151 � rsr��°• . s rounded 1946 FOR: CITY OF SPOKANE VALLEYT5') impson Engineers, Inc. JOB NO. 17061 CIVIL ENGINEERS & LAND SURVEYORS DATE: 4/25/2023 N. 909 ARGONNE ROAD, SPOKANE VALLEY WA., 99212-2789 PHONE (509) 926-1322 FAX C509) 926-1323 7386141 Page 5 of 5 11/25/2024 03:07:59 PM BNSF File No. BF-20221321 Spokane Valley,WA DOT 82823D Pines Road Underpass EXHIBIT"A-1" Legal That portion of the Southwest Quarter of Section 3, Township 25 North, Range 44 East, WM. lying 30 feet East of the centerline of Pines Road, South of the South right of way line of Trent Road(SR 290) and Northerly of the following described line; Beginning at the intersection of a line 30 feet east of the West line of the Southwest Quarter of said Section 3 and the South line of the Burlington Northern Santa Fe Railroad right of way; thence N63°03'47"E, 272.50 feet, along said South right of way line; thence N01°42'11"E, 251.74 feet; thence N52°12'54"E, 43.38 feet; thence N70°04'19"E, 561.64 feet; thence N35°17'38"W, 249.89 feet to the Southerly right of way line of Trent Road. (Contains 225,674 SF) 4 BA/.SF BNSF File No. BF-20221321 HA it WAY Spokane Valley, WA DOT 982823D Pines Road Underpass EXHIBIT "C" CONTRACTOR REQUIREMENTS 1) General A. 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 Pines Road Underpass Project. B. 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. C. The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. D. 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: 5 of 72 B/V'SF BNSF File No. BF-20221321 RAILWAY Spokane Valley, WA DOT 982823D Pines Road Underpass E. 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. F. The Contractor must notify Agency at ( ) and Railway's Manager Public Projects, telephone number ( ) at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file G. For any bridge demolition and/or faisework 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. H. 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. 2) Contractor Safety Orientation A. 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 6 of 72 B/VSF BNSF File No. BF-20221321 i4A/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 3) Railway Requirements A. 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. B. The Contractor must notify the Railway's Division Engineer at ( ) 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. C. 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 D. Upon completion of construction, the following clearances shall be maintained: • 25' Horizontally from centerline of nearest track • 23' 6" Vertically above top of rail E. 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. F. 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. 7 of 72 B/VSF BNSF File No. BF-20221321 AA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass G. 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. H. 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. I. 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. J. 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. 4) Contractor Roadway Worker on Track Safety Program and Safety Action Plan A. 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.BNSFContractor.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. B. 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 8 of 72 RNSF BNSF File No. BF-20221321 AA/LWAY Spokane Valley, WA DOT 982823D Pines Road Underpass 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. i) 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. ii) 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. iii) 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. iv) 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. 5) Railway Flagger Services A. The Contractor must give Railway's Roadmaster (telephone ) 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. B. 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: i) When, upon inspection by Railway's Representative, other conditions warrant. 9 of 72 BNSF BNSF File No. BF-20221321 AA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass ii) 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. iii) When work in any way interferes with the safe operation of trains at timetable speeds. iv) 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. v) Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. C. Flagging services will be performed by qualified Railway flaggers. i) 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. ii) Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. iii) 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. iv) 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. 6) Contractor General Safety Requirements A. 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. 10 of 72 B/VSF BNSF File No. BF-20221321 NA/LwAY Spokane Valley, WA DOT 982823D Pines Road Underpass B. 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 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). C. 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. D. 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. E. 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. F. 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. G. 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. H. 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 11 of 72 BASF BNSF File No. BF-20221321 HA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass — Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) I. 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 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. J. 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) K. 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. L. 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. 7) Excavation A. 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 ( ). 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. B. 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 12 of 72 B/V'�'►F BNSF File No. BF-20221321 RAILWAY Spokane Valley, WA DOT 982823D Pines Road Underpass 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. C. 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. D. Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 8) Hazardous Waste, Substances and Material Reporting: A. 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. 9) Personal Injury Reporting A. 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. 13 of 72 B/I SF BNSF File No. BF-20221321 FA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass 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) Non-employee (N) (i.e., emp of another railroad, or, non-BNSF emp involved in vehicle accident, including company vehicles) Contractor/safety Contractor/non-safety sensitive (G) Volunteer/safety Volunteer/other non-safety sensitive (I) sensitive (H) 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.Center(aa.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 83 U.S.C. 490 14 of 72 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION Please complete this form and provide to the BNSF supervisor,who will input this information into the EHS Star system.For questions, call(817)352-1267 or email Safety.IncidentReportinq(@.BNSF.com. Accident City/State: Date: Time: County: Temperature: Weather: (if non-BNSF location) Name(Last/First/MI): Age: Gender(if available): Company: eRailsafe Badge Number: Expiration Date: BNSF Contractor Badge Number: Expiration Date: Injury: Body Part: (e.g., laceration) (e.g.,hand) Description of accident(including how accident occurred,potential cause,etc.): Work activity in progress at time of accident: Tools,machinery, or hazardous materials involved in accident: Treatment: First Aid Only H Required Medical Treatment Other Medical Treatment: Dr. Name: Date: Dr. Street Address: City: State: Zip: Hospital Name: Hospital Street Address: City: State: Zip: Diagnosis: THIS REPORT IS PART OF BNSF'S ACCIDENT REPORT PURSUANT TO THE ACCIDENT REPORTS STATUTE AND,AS SUCH SHALL NOT"BE ADMITTED AS EVIDENCE OR USED FOR ANY PURPOSE IN ANY SUIT OR ACTION FOR DAMAGES GROWING OUT OF ANY MATTER MENTIONED IN SAID REPORT...."49 U.S.C.§20903.See 49 C.F.R.§225.7(b). B/VSF BNSF File No. BF-20221321 AA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass EXHIBIT "C-1" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR Railway File: Agency Project: , (hereinafter called "Contractor"), has entered into an agreement (hereinafter called "Agreement") dated with the City of Spokane Valley (Agency) for the performance of certain work in connection with the following project: BF-20221321. 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 Spokane Valley (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. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of Railway or its contractors, agents or employees; Provided, that if the claims or damages are caused by or result from the concurrent negligence or other acts or omissions of (a) Railway, its 8/VSF BNSF File No. BF-20221321 qA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass 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. A. 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. B. 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. C. 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. D. 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. E. 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 SNSF BNSF File No. BF-20221321 RA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass A. This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. 3) INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: 4) SALES AND OTHER TAXES A. In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway ("Sales Taxes"), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway; provided, however, that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. B. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in Railway's own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway's sole cost and expense, contest in Contractor's own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. B/M S►F BNSF File No. BF-20221321 qA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass C. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. 5) EXHIBIT "C" CONTRACTOR REQUIREMENTS A. The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit "C" attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (http://www.bnsf.com/communities/faqs/permits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 6) TRAIN DELAY A. Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. B. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. C. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or BNSF." BNSF File No. BF-20221321 RAILWAY Spokane Valley, WA DOT 982823D Pines Road Underpass other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. D. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. E. Contractor and its subcontractors must give Railway's representative ( ) ( ) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. F. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. SIGNATURE PAGE FOLLOWS B/V'SF BNSF File No. BF-20221321 RAILWAY Spokane Valley, WA DOT 982823D Pines Road Underpass IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officer the day and year first above written. BNSF RAILWAY COMPANY CONTRACTOR Signature: Signature: Printed Name: Printed Name: Title: Manager Public Projects Title: Accepted and effective Contact Person: Address: City: State: Zip: Fax: Phone: E-mail: B/VSF BNSF File No. BF-20221321 AA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass EXHIBIT D Description Cost Railroad Flagging Protection — 260 Days Estimated $465,855.00 Inspector / Coordinator Services — 260 Days Estimated $332,909.00 Railroad Work — Track and Bridge Labor/ Material $6,700,000.00 Total $7,498,764.00 Bmir- F BNSF File No. BF-20221321 HA/LK-.4,- Spokane Valley. WA DOT 982823D Pines Road Underpass AUTHORrTY FOR EXPENDITURE LOCATION: IRVIN LINESEGMENT: 45 AFE NUMBER: PLANT I EM NUMBER:97802(001 MILEPOST: 65.0 REA NUMBER: 5955224 PROPERTY OF: BNSF RAILWAY COMPANY DIVISION: NW CPAR NUMBER.CB960024 OPERATED BY: BNSF RAILWAY COMPANY SUBDIVISION: SPOKANE BUDGET YEAR: 2024 JOINT FACILITY:CITY OF SPOKANE VALL TRACK TYPE:9 BUDGETCLASS: 7 BILLABLE(+t.): 100,0 TAX STATE: WA RE PORTING OFF ICE: 716 SPONSOR: VP ENGINEERING CENTER/ROLLUP: 29125 INSP NWE DIV SPOKANE SUB LS 45 MP 63-SPOKANE VALLEY WA PINES RD GRADE SEPARATION UNDERPASS PURPOSE.JUSTIFICATION AND DESCRIPTION -FLAGGING AND I/C FOR THE CITY'S PORTION OF GRADE SEPARATION WORK.100%BILLABLE TO THE CITY OF SPOKANE VALLEY PRIMARY FUNDINGSOURCE IS CITY FUNIH. ••BUY AMERICAIN)APPLIES•• PI 1N ITEM 1.1yI H , III ;RIP I NOM!' IRK NISH BEGIN STATION ENDSTATION I'It1Ul("I IN PI III UI I.1R l 978020001 45 ;0 'I IRVIN IRVIN INSPECTOR'COORDINATOR 2024 CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS LABOR COSTS 0 0 0 0 465.855 465.ms% MATERIAL COSTS 0 0 0 0 0 OTHER COSTS 0 0 0 0 332,909 337-hr.] TOTALS 0 0 11 0 790,764 794,764 SYSTEM MAINTENANCE AND PLANNING PRINTED ON:07'092024 ESTIMATE REF.NUMBER: 5953724 ESTIMATED BY: SMFTH2 COSTING DATE: 0109,2024 PRINTED BY: SMITH? Page 1 of 2 S`NS/c BNSF File No. BF-20221321 /7A.LYYA1" Spokane Valley, WA DOT 982823D Pines Road Underpass '•^• 6IAINtAIN I'ItOEKI1:IARY CONFIDENTIAL'II BNSF RAILWAY CGMPANY FI IPM ESTIMATE-FOR CITY OF SPOKANE VALE LOCATION IRVIN DETAILS OF ESTIMATE PLAN ITEM: 9711020091 1-I K'I4 I PURPOSE .it S71VICA11ON AND DESCRIPTION INSP NWE DIV SPOKANE SUB LS43 MP 61-SPOKANE VALLEY WA PINES RDGRADE SEPARATION UNDERPASS CONSTRUCT TWO MAINLINE BRIDGES ON BEIIALEOF SPOKANE VALLEY TO ACCOMMODATE PROPOSED UNDERPASS. 100%BILLABLE 1O CITY OF SPOKANE VALLEY. REQUESTED BY KYLE LEATHAM OF163i24 PRIMARY FUNDING SOURCE IS CITY FUNDS ••BUY AMERICAIN)APPLIES•• DESCRIPTION QUANTITY UrM COST TOTALS H•NH•N LABOR FLAGGING OTHER R.G.W.CAP 31200 MU 126A54 PAYROLL ASSOCIATED COSTS II2 650 DA OV FR II IA I)S 106.772 EQUIPMENT EXPENSES 44,916 INSURANCE EXPENSES 25.061 TOTAL LABOR COST 4653155 4n;,5 ••!a•••n••• MATERIAL TOTAL MATERIAL COST II •••N•••N OTI IER •••••••••• INSPECTOR COORDINATOR 2600 EA 325000 TOTAL OTIIER ITEMS COST 125,00 125ANN1 PROJECT SUBTOTAL 79055 CONTINGENCIES 0 BILL PREPARATION FEE 7,909 GROSS PROJECT COST 79R.764 LESS COST-MID BY BNSF `I TOTAL BILLABLE COST Page 2 of 2 B/VSF BNSF File No. BF-20221321 AA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass MifIRIRITY FOR EXPENDITURE LOX ATION: IRVIN LINE SRtIMENT:I$ AI,E MJ MR ER: PLANITEM NUMBER;978020000 MILEPOST; 63.0 RFA NUMB ER 5949824 PROPERTY OF: BNSF RAILWAY COMPANY DIVISION: NW CPAR NUMBER: C0000 EI9 OPERATED BY: RNSF RAILWAY COMPANY sUBDIVISION: SPOKANE BUIXIET YEAR: 2(24 JOINT FACILITY: an SPOKANE VALLEY TRACK TYPE: 9 BUDGET CLASS: 7 %BILLABLEI+'-)s 100.0 TAX STATE: WA REPORTING OFFICE: 716 SPONSOR: VPENDINEERINO cENTER'ROI..LU . 29125 PURPOSE.JUSTIFICATION AND DESCRIPTION PI PNWE DIV SPOKANE SUB LS 45 MP63-SPOKANE VALLEY WA PINES RD CRADE.SEPARATION UNDERPASS-BNSF TO BUILD NIW BRIDGES A AND II OVER PINES RD.I0014 RE-BILLABLE TO CITY OF SPOKANE VALLEY. PRIMARY FUNDING SCRs RC E I S CI TY FUNDS ••BUY AMERICACN)APPLIES•" PLANITEM LINE SEG BEG MP END MP TRKNKR BEGIN STATION ENDSTATION PROJECT TYPE lu'DYEAR 970020000 45 63.0 63.0 9 IRVIN IRVIN PUBLIC IMPROVEMENT PRO:4 L `I'4 4 'OH c\VITAL NONCA'II(..:\Ii 1 5,1. 41PI ktI1,4,GXP REMOVAL COSTS BILLABLE TOTALS L1BOR 1<4tilti 0 tl 0 0 1154968 3.154,9(8 MATERIAI.COSTS 0 0 0 0 1.714,779 1.714.779 OTHER('OSTS 0 0 II 0 1.830253 I.k;n`R TOTALS 0 0 0 0 6,700,000 6,�i,i0i1 SYSTEM MAINTENANCE AND PLANNING PRINTED ON: 0400 3124 ESTIMATE REF,NUMBER: 5949037 ESTIMATED BY; SMITN2 COST1NODATE,06t1iv2t2a PRINTED BY: SMITN2 Page 1 o13 B/VSF BNSF File No. BF-20221321 A HA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass ••••• M.IINTAIN PROPRIETARY('t l*i 11U1 NO NI IO} BNSF RAILWAY)OMP AN I' FHPM ESTIMATE FOR 1'1T Y SPOKANE VALLEY 104 +. I''. Iv.'.I*. DITAILS OF ESTIMATE PLAN REM: 070020000 VERSION 6 PURPOSE.JUSTIFICATION AM):I`dRI PD ONi PIPNWE.DIV SPOKANE SUB LS 45 MP61•SPOKANE VALLEY WA PINES RDCAADE.SEPARATICON UNDERPASS.BNSF'TO BUILD NEW BR ID(R!S A AND B C7NER PINES RD.1004 R I}HILL.ABE T:TO CITY OF SPOKANE VALLEY. TURNOUT IS A MANUAL 4IS•RAIL SIZE,FRCOCO TYPE,AND HAND IINKTAVN AT THIS TIME REQUESTED BY KYLE LEATIAM ON63'21 PR IMARY FUNDING SOURCE IS CITY FUNDS ••BUY AMERICA(N)APPLIES•• DISC'RIPTION QUANTITY WM COST TOTALS LABOR DRIVE PILES 116310 MH 447A63 FINALIZE PROJECT 14101 NH 57103 PLACE CAPS MC SI11 PI.ACE FIELD WELDS-CAP1760 NH 6.991 PLACE SPANS 3215 MH 31.61M ICI.ACE TRACK PANELS-ADDITION•CAP 3544 NH 11.971 PREPARE FOR STRUCTURE CHANGCRJT 2046..1 MB 71.714 REMOVEREPLACE TRACK 1534 MH 5.900 REPLACE CROSS TES•CAP IOTA NGI 3374 SIGNAL FIIID LABOR-CAP 500 MH 2,196 UNLOAD BALLAST•REPLACEMENT-CAP 2920 MH 10377 UNLOAD MATERIAL 3N7.1 MH 14.892 PAYROLL ASSOCIATED COSTS 466.661 DA OVERHEADS 1051,561 EQUIPMENT EXPENSES 773347 INSURANCE EXPENSES 141507 TOTAL LABOR COST 3,151,963 3.131.963 MATERIAL BALE AST NT.SYSTEM AVERAGE COST 24330 NT•• 35015 PNLTR K40FT GENERIC FOR BRIDGE PROJECTS 550 EA•• 230630 RAIL,TRANS.IWN:132W;40 FT,UNVRSL 120 EA 14.772 SIGNAL MATERIAL 11000 EA•• 1,100 TIE IOFTPRE-PLATED.PANDROL.NN.SQ HOLE 400 EA 9300 WE.DKIT,GENERIC FOR ALL RAIL.WU(IIITS 3111 KT•• 1,330 315 MANUAL TURNOUT•RAIL SIZE.FROG TYPE.AND 10 LS•• 111.347 BRIDGE.MATERIAL 1A LS•• I.042A011 MATERIAL HANDLING 72.331 ONLINE TRANSPORTATION 17169 USE.TAX 119 7N6 OFF UNE TRANSPORTATION 17057 TOTAL MATERIAL COST 1.714,719 1.714,779 OTHER HI%OPERATING CCONTINGT.NCY 1.0 LS 117337 CONTRACTED SERVICES IA LS 729010 EQUIPMENT RENTAL 1.0 LS I25000 LEASED VEHICLE 5A DAY 250 TOTAL.OTTER ITE KS COST 1.072,137 1.072.137 PROJECT SUBTOTAL 5.9413114 CONTINGENCIES 691,779 BILL PREPARATION FEE 66337 Page 2of3 GROSS PROJECT COST 6.700.000 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 6,700.000 BNSF BNSF File No. BF-20221321 qA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass Exhibit E [Public Projects Manager's letterhead] Date: William Helbig City of Spokane Valley [Name of Agency Here] 10210 E Sprague Avenue [Address for Agency] Spokane Valley, WA 99206 Re: Final Approval of Plans and Specifications dated , 20 , drafted HDR, 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 the Pines Road Underpass Project. This final written approval is given to the City of Spokane Valley ("Agency") pursuant to Article III, Section 1 of that certain Underpass Agreement between BNSF and Agency, dated , 20 . If the Plans and Specifications are revised by Agency subsequent to the date set forth above, this letter shall no longer serve as final written approval of the Plans and Specifications and Agency must resubmit said Plans and Specifications to BNSF for final written approval. Regards, B/VSF BNSF File No. BF-20221321 RAILWAY Spokane Valley, WA DOT 982823D Pines Road Underpass EXHIBIT F Grade Separations 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 the Pines Road Underpass Project. • 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, "I/C" 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 Operationally Critical, (OC) Work being performed on BNSF property or above tracks being operated by BNSF Railway: BNSF BNSF File No. BF-20221321 AA/LWAY Spokane Valley, WA DOT 982823D Pines Road Underpass 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) Agency shall refer to the requirements of the UP/BNSF Guidelines on Grade Separation Projects when designing a grade 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 B/VSF BNSF File No. BF-20221321 FA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass 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. The I/C has authority to remove a contractor's 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 B/VS►F BNSF File No. BF-20221321 AA/L wAY Spokane Valley, WA DOT 982823D Pines Road Underpass Demolition Plan Temporary Shoring Plan 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 requires 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 engineer. 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 B'/VSF BNSF File No. BF-20221321 RA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass 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 the cost of the project. At the discretion of the RE, 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. g♦ ia BNSF File No. BF-20221321 ,9A/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass EXHIBIT G Pines Road!BNSF Grade Separation 6155 PIN B.40 MP TOL75 MP Prc d t 0,3SMtks MAN *mista Total Unit Item Description Unit Rate Total Price '°Special Quantity .. PREPARATION -1 0001 STDITM LS. MOBILIZATION _____$1,942ft.51-- ------------------- ------------------------------------------------------------------------ -- 2 0025 STOaSM ACRE CLEARING AND GRUBBING 8,250A0----1570-__-__Si23,750_-- ___0047_ soecwau?, EACH REMOVING MANH(7LE------_--_----------_-------_-------103.00 --_-40_---_--$?B04---- 4 0050 LTD.65PITEM U. R€MOVALOF STRUCTURESANDOBSTRUCTIONS 88,00000 1.0 588,000 5 0090 GSPITLM S.Y. REMMOVING CEMENT C¢NC 01AVEMENT -_3333_00 _65 6 0 0 Iecsd(Ya_ S.V.S.Y. REMOVING coCEMENTNCSIDEWALK .00__- 7 0108 soeaoaPm L.F. REMOVINGCEMENTCONCCURBANDGUTT€R 15_00 1,149,0- 8 0110 65PITEM LF. REMOVING CEM€NT CONC CURB 5.00 123.0 9 0UO GSPITEM S.Y. REMOVING ASPHALT CO NC.PAVEMENT 33.00 4p91.0- $58383 30 0150 eaxaro:_S.Y. REMOVING TRAFFIC ISLAND3_00 -1i -017G sto rms I.E. REMOVING GUNFi)RAIL -------- 10.00 633.0 $12,660 ----------------------------------------------------------------------MOM -- ---------------------- 12 MOMEACH REMOVING GUARDRAIL ANCHOR - 650A-0__-__5.0 -- $3,250--- 13 0185 ti*o i*n,. EACH REMOVING GUIDE POST _ -3.0- 527 -- i4 0167 STDITM LF. REMVI ONG PAINT UNE _3.00 150.0 7 -- 15 0199 STD ITM EACH REMOVING PAINTEDTRAFFIC MARKING 50.00---_ - 1-6 0203 STDITM S.F. REMOVING PAINTEDCROSSWALK LINE -3AD----_ 200.0 _----$600--- 27 0215 GSPITEM L5. REMOVING MISCEU.ANEOUSTRAFFItREM __ - 18 0220 smc+alaw. L.F. REMOVING CHAIN LINK FENCE GRADING --------10 -----------, ROADWAY ME L,------------------------------------.------------------------- 19 0310 STDITM C.Y. ROADWAY EXCAVATION INCL HAUL --- 95.75 101,149A 59,684,788 2-0 0470 gaewlaa_ C.Y. EMBANKMENTCOMPACTION 7.00 2A94.0 _ $14,658 _ _ 21---N/A spet;a2 L5. PACKAGED STORMWATER PUMPSTATION--_------------------ 125,500,00-_--3.0 ---- 5125,54D 22_- 1054 Wet:0Pra. EACH GRATE INLET TYPE 2 9,000.00 8.0 572pOD 23 1062 STDITM EACH PRECAST CONCRETE DRYWELL TYPE A ______SA00_00 -_10.0 550A00 __ 24 N/A tests EACH MODIFIED PRECAST CONCRETEDRYWELLTYPEB 40,ODQOO 1.0 540,000 25 1085 STDIT)A C.Y. QUARRYSPALLS __-_85_04 -�_55_0 __- $4,615-__ ------------ 26 3091 STDiTM EACH CATCH BASIN TYPE 1 -_-- ----____-- 2,750A0 -_380-----5104,500 27 3105 SrooTM EACH CATCH BA$INTYPE 2481N.DIAM -_____-_ 5,400.00 4.4 $?1,600 Y8 3153 room LF, TESTING STORM SEWER PIPE _ 4668.0---S2fi,774 - ------------------------------------------------------------------------- 29�_H/A - sa«s--LF_ PVC PRESSURE PIPE 10IN.DIAM__----_____-__-_____- 4020---556 280 30 3541 _STDITM__IF. SCHEDULEASTORMSEWERPIPE121N.DLRM. 31 -3542- siloM LF_ SGF �ULEASTOKMSEWERPIP_18IN,DIM ---------- 90.00 653_0 S58_774 ----- -- ----- --- - --- --------------- -- - 32 3551 STDITM IF. SCHEDULEBSTORMSEWERPBIE18IN.DIAM. -_-----10000---- 520A----$52A00 --------------------------------------------------------------------- 33 70D6 STDITM C.Y. STRUCTUREEXCAVATIONCLASSBINCLHAUL ----_ 118A0 1,834.0 $216,412 34 7008 STD:tM S.F. SNORING OR EKTRA EXCAVATION CLA55 B _2.OD- 42,22fi.0 $84,452 35 7017 stDrTM C.Y. GRAVEL BACKFILL FOR PIPE 70NE BETi)INC; __--_36.00 1045.0_--S37 fi56--- ------------------ ------ ------- ---------------------------------------- 36 73 0_ sTDITM EACH MANHOLE 48IN.DIAM,TYP€ ----' $L7 7,400A0---- 7.0_--__$51,BOD--- 3-7 -- 7554 STDITM S.Y. CONSTRUCTIONGEOTEXFLE FOR PERMANENT EROSION CONTROL 5.50 500.0 50--- 38 N/A SPaul EACH CATCH BASIN TYPE 1L __2.750A0---- ___- 39 N/A__ )ietl�r__ EACH CURB INLET TYPEI 55000 24.0 St3,240 - ------------------------------------------------------------------------------------- 40 N/A Seeual EACH CURB INLET TYPE 2 _--_-2,500A0---- 2.0---_A 55,000-_- SANITARY SEWER 42 3152_ _sTosms___LF. T_ESTIN_G SE_W_ER PIPE 9.00 822.0_ 57,398_ 43 3766 tTDITM L.F, PVCSANITARY SEWER PIPE 6IN.DIAM. --- ----- 75,00 178.0----513,350 -------------------------------------------------------------------------------------€747---- ------- 44 3772 STDITM L.F. DUCTILE IRONSEWER PIPE B IN,DIAM. --- 86.00__---644.0 44 3935 SR)ITM LF. PVC PIKE F¢R WATER MAIN 8 IN.DIAM -_--_7S_00 To" _ ----------------------------------------------------------------------- 45 73Ei0 SrD)nn EACH MANHOLE 48IN,DIAM.)Ypt __--3,300A0_-_-3A ------------------------------------------------------------------------ ------ WATER UNES ------------------------------------------------------------------------------------------------------- 45 3846 SRIITM EACH HYDRANT ASSEMBLY ------------- -------------------------------------------- ------ 47 3866 STDITM LF. DUCTILE IRON PIPE FOR WATER MAIN fi IN.DIAM. ___---_80_00__-_ 22.0-- --_-51,760---- 4B 3867 mom_ LF, DUCTILE IRON PIPE FOR WATER MAIN 81N.DIAM. 88,40 6510.0 560,724 -- ------------------ ------------ ------------------------------------------------------------------ 49 6155 STD ITN €ACH GATE VALVE 6 IN. 2,40900 1.0-_-_----52A00__-- B/V'SF BNSF File No. BF-20221321 RA/Z W.41 Spokane Valley, WA DOT 982823D Pines Road Underpass #� .. _ -,.<>.•Standard StaMado Total No. Unit Dssviptlon nitRatdT Total Price Item 5Po' Quantity 50 6167 StDITM EACH GATE VALVE 180000 1.0 51,500 51 WA 3.1w.4..... EACH SIRVICECONNLCIION 1-1/2IN,U44M, 3,90000 1.0 $3,500 5-2 N/A Special LS. IRRIGATION SERVICE,VAULT,VALVIMG 5,50000 1.0 55,500 53 N/A Spend LS. GATE VALVE 2 IN. 2,000.00 1.0 52,000 54 N.'A Spec l.5_RESTROOMSERVICE AND VAULT 11,00040 1.0 $11000 55 7007 5TD1TM S.F. SHORING OR EXTRA EXCAVATION TRENCH 2.00 229.0 5458 ------------------------------------------ ------------------------- _56 _WA_ Soeciat EACH WATER METER BOX 50000 2.0 S 57 —NIA ____SpmN LF. STEEL CASING IN.24 DIAM.---M—_---------- ----- 35000--_ 230.0 — Sum580,SW -- SUNFAC1NG 58 _5100__ __STOMA__TON_C_R_US_HED_S_URFACING_B_AS_E COURSE_ ___ _ ___ __33.00__ 16,086.0_ ____5530,8_38__ 59 5120— S10aitt TON CRLISHEDSURFACINGTOPCOURSE — — —� 33A0 545.0 $17,985 __ __ __ ___ C_EF _NT CONCRETE P_A_VE_MENT__ ____ __ _____ _�—_---__ —__- 60 WA — saert+al S.Y, TEXTUREDANDPIGMENTEDCTMENTCONCAETETRUCKAPRON 125A0 512.0 564,000 li 61 —N/A_ __Sow.0____S.Y TEXTURED AND PIGMENTED CEMENT CONCRET ETRAFFK:ISLAND— _ 12500 2,231.0__5278,875_— HOT RMX ASPHALT — -- 6-2 5766 5T0,GSPITEM TON HMA CL 3/81_N.PG 64H-2B_______ 13500 10,499.0 51,4_1_7365 5 5830 SJoa5 CALL 10B MiXCOMPLiANCE PRICE ADJUSTMENT---------- ------ 150 —_—_31,240A- — $31,240 — — 64 S835 STOMA CALC COMPACTION PRK.E ADJUSTMENT 1.00 20,826.0 520,826 65 5872 Sib 1TM TON HMA FOR APPROACH CL 3/8 IN.PG64H-28 13500 137.0 518,495 66 WA WOOl.i. 87INTADHESIVEFORBITUMINOUSPAVEMENT 2,50 11799,0 $29496 IRRIGATION AND WATER DISTRIBUTION 67 6071 STD/TM L.S. IRRIGATION SYSTEM 65,00000 1.0 565p00 __— —�—__ EROSION CONTROL AND ROADSIDE PLANTING __ _ _ __ _ __ _ _ _-_ {-$s-6373_, sioToo L.FSILT FENCE --^---------,--w .�— 5.50^—_S,E79.0_�— -9 4_9!t'-- 69 6403 STOMA DAY ESC LEAD 80A0 300.0 524000 70 6408 SWIM ACRE TOPSOIl.TYPE B 14,00000 8,0__ _ $112,000___ 71 6414 STOMA ACRE SEEDING,FERTIUZING,AND MULCHING 7,60000 8.0 5601100 :i 6468 StD1%1 S,Y, STABILIZEDCONSTRLICTION ENTRANt.E 22.00 S00.0 $11,000 73 _6471_ _STOITM_ EACH INLET_P_ROTEC_TIO_N_____ _______ _______ __ 14_0_00______71.0 ______59,94_0___-_ 7d 6690 CMITM EST. EROSION/WATERPOIiUTIONCONTROL —, — — lOQOD0.00 1.0 $10Q000 75 S __ET PANESTAB SHMENTSECONDYEAR _-_ 4000000L _-- $0A00 _-_ 76 -—NTT Sm., 11L. LANDSCAPING --! -75,0_00_ 1a $7AOD 77 N/A soma, 5.Y. WEED BARRIER __ _____ _ 7.50 1A00.0 57,500_ _7-8 _WA _~ Speut _C.V. BIO-INFILTRATON TREATMENT SOIL MI%—--___� 65.00__ 2,264.0 __ 5147,160__ _19 —WA __—toecew_ —C.V_ COSY SIO-INFILT9ATiONTREATMENTSOIL MI%—___— ___ --___ 65A0— 1332,0_—___$86_580___ TRAFFIC 8-0 6698 srn .l EACH R_O_UN_DAB_OU_TSPLLITT_ERISLAND_N_OSING_C_URB 27_5_00____13.0_____535_75___ 81 6699 ST011M LF. ROUNDABOUTCEMENTCONCRETECURBANOGUTTER 38.00 4,553.0 5173,014 8-2 _6701__ _S1Dt7M LF_CEMENTCONC_TRAFFICCUFi _________________ __ 38A0_—_ 536.0 -- 520368 -- 83 6707____STD tam LF. CEMENTCONC.PEDESTRIAN CURB________________ _ _38,03___ 196.0_____57,448___ 84- —6708 5T01TM L.F. ROUNDABOUTCENTRAL ISLANDCEME NT CONCRETE CURB -- — 11000 227.0 524,970 85 6709 5TD1TM LF. ROUNDABOUTTRUCKAPRONCEM.CONC-CURBANDGUTTER 50.00 801.0 540p50 86 6737__ _S1DIt1_ H B EACEAM GUARDRAIL BL NO ULSE TERMINAI 9,20000 1.0_ 59,200 87- —6757 sTDtml LF. BEAM GUARDRAIL TYPE 31 38.013 908.0 534,504 88 6760 STOMA EACH BEAM GUARDRAIL TRANSITION SECTION TYPE 23 4,803001.0 $4,8000— 89 _6760 _STOMA__EACH_BEAM_GUARDRAIL TRANSRK)NSECTION TYPE 24__--__ 3,21000 2.0 --- J . 6766 STDtTM_ EACH BEAM GUA_RDRAII ANCHOR TVPE 10______—___—___ -__2A011G0 ___19________ $2,000____ 91 6781— STOMA LF. TEMPORARY BARRIER _ 20,00 3,230,0 564,60D 92- 7 68D7 5TD1TM LF. PLASTK:LINE 3.50 6,834.0 $23919 93 -6813 5T01TM LF. GROOVED PLASTIC LINE --�--__---—_—__---�— 6.00 10,602.0 $63,612 94 6832— 51D1t5 EACH FLEXIBLE GUIDE POST 16500 24.0 $3,960 95 6833STO aTM EACH PLASTIC TRAFFIC ARROW _—_ 1,2000060__— 57,200_ 96 6890 MOMLS. PERMANENT SIGNING— — -- —110,000.00 1.0 5110,000 97 6898 S1D71M LS. CANTILEVERSIGNSTRUCTURENO. 130.000A0 1.0 5130.000 ------------- -- ------------- ---------------------------------------- -------------------------- 98 6904 STOMA L.S. ILLUMINATIONSYSTEM _450,000,00__iA___ 5450,000 9-9 6914 STDiml L.S. ITS 137,698.00 1.0 — 5137,698 100 —6956 -minim_—n t SEQUENTIAL ARROW SIGN __ ___ ____—_25.00— 2.0 _—__ 550 —__ BN.S/="' BNSF File No. BF-20221321 ' W4.�wA, Spokane Valley, WA DOT 982823D Pines Road Underpass Standard 5taa+dardor .. . - ., - cT• Item apa al Unit y ptt• �,UnftRata. q „Qua TautPrice 101 6973 STDITM HN OTHER TRAFFIC CONTROL LABOR MJ.tlD 1344.i1 580640 102 6974 IIM,GSPRI LS TRAFFIC CONTROL SUPERVISOR 70,0D 1,344.0 594,080 ----------•------------------------ROL SUPER------------- ----^ -- .03 —-- 4.0 ---640 103 6982 STDITM S.F. CONSTRUCTION SIGNS CLASS A 15.00 772,0 ---_511_58D ------- -----------R POR--------------------------------SUSS------SUSS--------- 104 6993 STDITM HR PORTABLECHANGEABLEMESSAGESIGN 7.00 19,200.0 $134,400 -----SUSS--`- ---------------------------•----------------------------------------------- 105 7440 Mimi EACH TEMPORARYIMPACTATTENUATOR 4,50000 4.0 518,000 --------------------------------------------SUSS-SUSS---------'SUSS--SUSS-^---------------------------- --- 106 WA 50ew EACH BARRICADE 50000 12.0 56,000 S USS--SUSS--•----------- -----------------•----•SUSSSUSS--SUSSSUSS-SUSS----^-SUSS---- -- --SUSS--•—SUSS----- 107 WA Spew EACH TRAFFIC SAFETY DRUMS 20. 0 330.0 56,600 SUSS----------------------------------------------•SUSS------SUSS------------------------------------------------ 108 N/A Spard LF. COSVCURBANDGUTTERTYPEB 38.00 5,185.0 5197,03D SUSS•--------------------•---------------------SUSSSUSS---SUSS---SUSS-SUSS---------- ----------------------- 109 WA a ua EACH TUBULAR MARKER 20000 200.0 540A00 ------------------------------------------------------------------SUSS-SUSS-•------------------------------ 110 WA Spew LF, GROOVED PLASTIC WIDE DOTTED EXTENSION LINE 20.00 100,0 52A00 T------------------------------------------------------------------SUSSPUSS—__lc -- ---00 111 N/A sa+Kd LF. GROOVED PLASTIC WIDE DOTTED ENTRY UNE 20.0D 255.0 $5,100 ------- ---`----------------------------------------------SUSS--------SUSS--------------SUSSSUSS--------- 112 N/A Spad S.F. GROOVED PLASTICCRt3SSWALK UNE 20.0D 1,112.0 522,240 SUSS SUSSSUSS------------------------------------------------------------------------------- --- -^------ ----- i13__K/A _ _spew EACM GROOVEDPLASfiICYIELDUNEYIdR04 20000 3.0 518,600 -- - --------- ---------------------------------------SUSS------- - --------------------------- 114 WA sec ai EACH GROOVED PLASTIC TRAFFIC ARROW 120000 18.0 521,600 ------- -------------OOVED------- ------------------------SUSS---SUSS---------------SUSS-- 115 N/A 5p¢u1 LF. GROOVED PLASTICCfpSSHATCHMARKING 11.50 260.0 $2990 -------------------------------------------------------- ---SUSS-^----------------------------- _116 _F{/A_ swam _LF. G_R_00_VED_PLASTICSTRONG LANEUNE 20.00 94.0 $1,880 117 WA �5p ci L.F. GROOVED PLASTIC WIDE LANE LINE-------_--•�---SUSS-----9.00 1,143.0 $10,287 --- 1-1$ N/A spew LF, GROOV€D PLASTIC WIDE DOTTED CIRCULATING LANE LINE _ _20.00 78.0 $1,560 ----_N/_-____5_-------------iTia i------------ --SUSS---•------------SUSS-- - ---SUSS--- 871 SUSS ---^----- 119 N/A Sp«d LF. GROOVED PLASTIC BICYCLE LANE SYMBOL 1,30D00 2.0 - 52,60D ---^---•---------------------------------------SUSS---SUSS--------------SUSS--SUSS--SUS----------- ------------ 120 -N/A --56«ut_ EACH ADA SYMBOL --------------—--------- _55000 —___1.0_ __ ___$550_____ OTHER ITEMS - - - ---------------------------SUSS------SUSS---------SUSS----SUSS-SUSS-----0------SUSS — 121 1945 SOecwP+a. LF. PEDESTRIAN HANDRAIL 15200 652.0 599,104 -•---------------- CH ADJUST 3080 STDITM EACH ADJUST MANHOLE 2,201100 2.0 $4,400 ---'----------- --------------------------- ----SUSS-----SUSS----SUSS---------------------------- 123 4148 STDITM LB. EPDXY-COATEDST.REINF.BAR FOR BRIDGE —2,40_ $4,900.0 5131,760 -----------------------------------------------------SUSS-----------SUSS-- - --------------------- --- 124 4230 STD ITMLS. STRUCTUR_AL_CAR_B_ON_S_TEEL_ _____ ___________ __ 56,0_0_0_00_ __1,0__ ___55_6.00_ - 1�- 4322 ___STOrnn_ C.Y._CONC,_CL_ASS_41100 TO ----------------------SUSS--_ 1,25006 41A-----_-$17SOD_-- 126 70D4 G51iT a —LS. TYPECPROGRESSSCHEDULE 11,00000 1.0 $11000 -- —_------------•------------------------------------•-------------SUSS----- —SUSS--------•- 127 7037 'prtM,Gsp_ LS. STRUCTURESURVEYINt ___-___ 55_00000_—__ 1.0 __— $55000 S USS--------------------------------------------------------- 128 7038 STDITM LS. ROADWAY SURVEYING 72,000.00 1.0 572A00 ---•------------------------------------------------SUSS-----SUSS---SUSS-SUSS -•---- ---- -------------- 129 7041 STDITM EACH BOLLARD TYPE 1,100.00 33.0 $36,300 130 7042 5Tt1 flM LS. ADA FEATURES SURVEYING SUSS-1.1_000.00SUSS 1.0 ---511,000 - ------------ __sm_T-----•----------------------- ----------------•---SUSS-- -----• 131 7054 STDITM S.F. DETECTABLE WARNING$URFACE 75,00 500.0 597,500 --^--------------------- - -------SUSSUSSSUSS—SUSS------SUSS-•------------------------------ 132 7055 STDITM S.Y. CEMENTCONC.SIDEWALK 60.00 3,329,0 $199,740 -----------------------------------SUSS-- --------SUSS-^----------------------- ---- 133 7058 STDITM EACH CEMENT CONC.CURB RAMP TYPE BIKE RAMP ------ 1,50000 —- 2.0_—_-__$3000 - ------ - -------------------------------SUSS-----SUSS-- 134 7058 STDITM EACH CEME NT CONC.CURB RAMP TYPE SIt4GLE DIRECEON 3,850.00 11.0 542,350 ----------------------------- ----- - -----------SUSSSUSS-----SUSS--SUSS--—--.i_"s_=w__'D_-o_-_-_::._.__- _I_3±.___7_o5_i_____ss_l_,i_y____sL___c_Eyfir__Z_5"N:c_Li:TRK,Ei/ATFtTfFT;aT'rrTf 7058 swD'TM EACH CEMENTCONC.CURBRAMPTYPEPARALLEL T,50000 3.0 530,501t SUSS-------------------•--------------------------------SUSS-SUSS---SUSS-SUSS---- --------•--------- ---------- 136 705� STDITM S,Y, CEMENTCONC.DRIVEWAY ENTRANCE TYPE R-110 10SA0 678.0 571,190 - -------------SUSS-------- ------- -- ------------------------------------•---------------- ---- 7059 S1b 1M S.Y. CEMENT CONC.DRIVEWAY ENTRANCE TYPE 3 SUSS 10500 81_0---—58505—_ -------------'-SUSS-------- ---- -----------— ----- 137 7085 STDITM L.F. COATE D CTiAIN ONE FENCE TYPE 3 10000 4,516.0 $45160D 13B 7097 5oec:alP+a EACH END,GATE,CORNER.AND PULLPOSTFORCHAINLMIKFENCE 90000 2.0 51800 ------------------- '-----------SUS ------------— -------- ----—•------ 139 7106 ADITM EACH DOUBL€20 FT,COATED CHAIN LINK GAT€ -52,500 ------ -----`---------------------- -------SUSS-------------SUSSSUSS-- �U��------- i40 7400 STDITM HR TRAINING 11.00__—__$OD_0 _$8,800-- ------------------------------------------------------SUSS----------------- 141 7562 STDITM EACH MAILBOX SUPPORT TYPE -----—-____ __-_ _- _ _ -USSR----------------------------- -----------------------------------------�'37500_ 8.0 $31AOD 142 7736 STDITM LS. SPCC PLAN 3,30IT00 1.0 53,300 -------_._ scH--SUSS ADJUST -------------------SUSS--—----- —--— ------'-------.• 143 WA spew EACH ADJUST EXISTING WATER VALVE 1,00000 2.0 $2A00 -----SUSS-------------------------------•------------------------------- --_------------•- 144 WA Sped EACH ADJUST EXISTING GAS VALVE 1,00000 2.0 $Zp00 -------•----------------------------------------------------------SUSS-------�------------ 145__WA _ Knew EACH ADJUST METER BOX LOS000 5.0 $5,250 --- `- SUSS-SUSS--------—---------—SUSS-SUSS----—------SUSS-SUSS--- 146 WA Spew EST, VERIFY UTILITY 1,00000 10.0 510J000 -•----SUSS--•-------_S.F. R------------ -----------------------•---------------------•---------- -- ----- 147 N/A 5p«,�. S.F. RETAINING WALL _ 14000 2,340.0 $327,600 ------------`---•-------SUSS------------------- ----------------------------^•------------------------- ----- 148---N/A—•--5p«.,---S.F_ RETAINING WALLIGRAVITVL--------------SUSS-------------^---55.00__ _-495.0__-_•-527,225 - _149 _W_A__ 5_pa a S.F. RETAININGWAII(AVISTA► 14000 _ 180_.0 _525,200 150 WA ~ Seec•is---LS. PREFABRICATED RESTROOM 271J,000.00 1.0----5270,000- -- -----r----SUSS----------------_—_-------------SUSS-—.SUSS-------------- 151 N/A 5pad U. 4x6'CPJERFLOWVALJL7 15,00000 1.0 S1Sp00 - ---------------------------SUSS---SUSS-----------SUSS-- ------------------------------- 152-__NA__-__SiI«I,aI U. CCTV CAMERA SUSS-—--------- 55_00000——3A SUSS--555000 -- 153 _ _�+ _ _b_4•_ _LS. E_V_CH_A_RGINGSYSTENI __ _ _________ ____ 12,OD000__ _"I_ ____$121000 154Ey/A--_-Mecw— LS. TRAILHEAD APPURTENANCESSUSS- - -----SUSS--10,O1MA0-- -1.0 SUSS--S10p00 .- 15S NA sped L5. TESTING TRAILER 70,00000 __ snow BNSF BNSF File No. BF-20221321 FA/LWAY Spokane Valley, WA DOT 982823D Pines Road Underpass Standard standard Of Total 1 ' 7 14o. Item !p¢cal Item Description Unit Rate . Quantity • Construction Total $21,366.956 —— ----— 8.9%Tax(Water and Sanitary Sewers------------ $28,310 --- ----— 20.00%Errglneering Cost---- — ——---- $4 27 9,054 --- 209, -------- ------ ---- -- —_ ----_ •15.00%ContingencyMil ill— $3, 290 __ $28,883,610 132 N/A Ie LS. UTILITIES-GAS MAIN RELOCATION-AVISTA S0,030.00 1.0 550A00 --- -------- -------- --- ___________-____-------___-------------------------- ---------- -------- _____________ 1-3 N/A _ww I.F. UTILITIES-FIBEROPtICRELOCATIONLUMEN+AT&T 56300 3,5500 51,998,650 --- -------- -------- -- ------ -- ----- - - - - - - ---- -------------- ---------- - - ---- — - ----- 134 WA so At L.F UTILITIES-TELECOMMUNICATION RELOCATION TWO BILE 275A0 400.0 5110,003 135 N/A ..., L.S. UTILITIES=PHIL LIPS 66YELLOWSTONEPIPEUNERELOCATION 1,100,030.00 1,0 51,100,003 —— —--— ----— —— Total project Cost S32,142,260 Bridge Cost $ 5,080,964 Bridge tent Encasement S 1,170,596 Total Roadway and RNSF Bridges Cost 5 38,393,820 Rap,' I...tn)).tr 5 38,393,821 BNSF File No. BF-20221321 NA/ZWAY Spokane Valley, WA DOT 982823D Pines Road Underpass EXHIBIT H ASSURANCE OF COMPLIANCE WITH APPLICABLE FEDERAL LAW During the performance of this Agreement, BNSF agrees to the following; provided, however, BNSF's acknowledgments and agreements made in this Exhibit H are each made subject to BNSF's limitations and disclaimer set forth in Article II, Section 8 of this Agreement. 1. Non-discrimination: BNSF, with regard to the work performed by it during the contract,will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. BNSF will not participate directly or indirectly in the discrimination prohibited by the non- discrimination authorities, including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 C.F.R. Part 21. 2. Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age of Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination based on the basis of age); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age B/V.S/=-' BNSF File No. BF-20221321 A/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,national origin discrimination include discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100). 3. Compliance with 23 C.F.R. Part 646, Subpart B: Because the Work to be performed by BNSF is to its own tracks and is to eliminate a highway-crossing by grade separation,the provisions of 23 C.F.R. Part 646, Subpart B apply (rather than 2 C.F.R. § 200.320 and other provisions of 2 C.F.R. Parts 200 and 1201) in regard to cost principles, labor procurement, and material procurement. This Agreement shall nonetheless be subject to the audit provisions of 2 C.F.R. Part 200 and the United States Department of Transportation implementing regulations at 2 C.F.R. Part 1202 (see 2 C.F.R. § 200.101). 4. Prohibition in Trafficking in Persons: BNSF and any contractor thereof performing Work identified in the Agreement shall not (a) engage in any form of trafficking in persons during the period of this Agreement; (b) procure a commercial sex act during the period of time that the award is in effect, or(c) use forced labor in the performance of this Agreement. This Agreement shall be terminated if BNSF, a contractor thereof, or any of their employees, officers, or officials is determined to have either violated any provision of this paragraph directly or through conduct imputed to the LOCAL AGENCY or BNSF pursuant to the standards set forth in 2 C.F.R. part 180, as implemented at 2 C.F.R. part 1200. BNSF and any contractors thereof performing Work identified in the Agreement shall notify the LOCAL AGENCY B/VSF* BNSF File No. BF-20221321 qA/[rrAY Spokane Valley, WA DOT 982823D Pines Road Underpass immediately if they receive information from any source alleging a violation of this paragraph during the term of this Agreement. 5. Federal Railroad Administration Review: Subject to Article V, Section 5 of the Construction and Maintenance Agreement, BNSF acknowledges that the Federal Railroad Administration(FRA)has the right to review or examine any services provided under or part of this Agreement(including subcontracts) while such services are in progress or upon completion. BNSF agrees to comply with all applicable provisions governing FRA's access to records, accounts, documents, information, facilities, and staff. 6. Minimum Wage Rates: To the extent applicable to BNSF's portion of the Work,the amounts paid by BNSF for labor in connection with the work identified in the Agreement shall meet or exceed the amounts predetermined by the United States Secretary of Labor, in accordance with the Davis-Bacon Act, 40 U.S.C. 3141-3148 (as supplemented by Department of Labor regulation in 29 CFR Part 5) and/or 23 U.S.C. 113, that contractors must pay to skilled and unskilled labor. Provided, however, that BNSF is not subject to those provisions of the Davis-Bacon Act and/or 23 U.S.C. 113 which, according to the terms of those statutes and pertinent legal authorities, would not otherwise apply to BNSF. 7. Buy America: a. Steel, iron, and manufactured goods used in the Project are subject to 49 U.S.C. 22905(a), as implemented by the Federal Railroad Administration, as if this award were to carry out chapter 229 of title 49, United States Code. BNSF acknowledges that this Agreement is neither a waiver of 49 U.S.C. 22905(a)(1) nor a finding under 49 U.S.C. 22905(a)(2). BNSF agrees to comply with 49 U.S.C. 22905(a)in performance of this Agreement. b. Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Publ. L.No. 117- 58, div. G,tit. IX, subtitle A, 135 Stat. 429, 1298 (2021), as implemented by OMB,USDOT, and FRA. BNSF acknowledges that this Agreement is neither a waiver of§ 70914(a)nor a finding under § 70914(b). BNSF agrees to comply with § 70914 of the Build America, Buy America Act in performance of this Agreement. c. Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, BNSF should,to the greatest extent practicable under this Agreement,provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States. BNSF shall include the requirements of 2 C.F.R. 200.322 in all contracts and purchase orders for work or products under this Agreement. 1 SMVS41=- BNSF File No. BF-20221321 RAIL WA Spokane Valley, WA DOT 982823D Pines Road Underpass 8. Foreign Market Restrictions: BNSF shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 9. Prohibition on Contracting with Entities With Delinquent Tax Liability or a Felony Conviction Under Federal Law: a. Before entry into this Agreement,Agency shall check the System for Award Management(the "SAM") at bttp://www.sam.gov/ for an entry describing BNSF. b. BNSF shall notify Agency of the identities of the third party entities with whom it will contract to complete work under the Agreement before entering into such contract. Agency shall check the System for Award Management"SAM") at http://www.sam.gov/for an entry describing that entity. c. By signing the Agreement, BNSF certifies that BNSF (i) does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (iii)was not convicted of a felony criminal violation under any Federal law within the preceding 24 months. d. All third party entities entering into an agreement with BNSF shall make the certifications in 16(c). e. Agency shall notify USDOT in writing: i. If the SAM entry for BNSF or any entity indicates BNSF or any entity has a tax delinquency or felony conviction; or ii. If BNSF or any entity provides affirmative responses to the certification in 16(c); or iii. If Agency knows that BNSF's or an entity's certification in 16(c) was inaccurate when made or became inaccurate after being made. f. If BNSF, or other entities provide affirmative responses related to the certifications in 16(c), or the certification by BNSF or other entities was inaccurate when made, or the Agency's check of SAM indicates that BNSF or such entity has a Tax Delinquency or Federal Conviction,then Agency or BNSF as the case may be shall not enter into the contract or continue performance under the contract with the third party unless the B/V.. -F• BNSF File No. BF-20221321 AMOOMIMINOMMONN f7A/LWAY Spokane Valley, WA DOT 982823D Pines Road Underpass USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government. 10. Certification Regarding Debarment, Suspension, and Other Responsibility Matters —Primary Covered Transactions. A. By executing this Agreement, BNSF certifies to the best of its knowledge and belief that it and its principals: (1) Is not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Has not within a three-year period preceding this proposal been convicted of or had a civil judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph(a)(2) of this certification; and (4) Has not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. B. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. C. BNSF shall require all subcontractors submitting bids or proposals to complete any work in connection with this Agreement to provide the following certification with its bid/proposal: (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 11. Prohibition on Providing Funds to the Enemy: B/VSF` BNSF File No. BF-20221321 AA/L WAY Spokane Valley, WA DOT 982823D Pines Road Underpass a. BNSF must: 1. Exercise due diligence to ensure that none of the funds, including supplies and services, received under this agreement are provided directly or indirectly (including through subcontracts)to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to entering into a contract; and 2. Terminate or void in whole or in part any contract with a person or entity listed is SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides written approval to continue the contract. b. BNSF may include the substance of this clause, including paragraph(a) of this clause, in contracts under this Agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. c. The Federal Railroad Administration(FRA)has the authority to terminate or void this Agreement, in whole or in part, if the FRA becomes aware that BNSF failed to exercise due diligence as required by paragraph 18(a) herein or if the FRA becomes aware that any funds received from the Federal government for work identified in the Agreement have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 12. 2 CFR Part 200,Appendix II: BNSF is subject all provisions identified in Appendix II to 2 CFR Part 200. Such provisions that are not otherwise identified in the Agreement or this exhibit are identified below: a. Equal Employment Opportunity. During the performance of this Agreement, BNSF agrees as follows: (1)BNSF will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. BNSF will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or 8'/VSF' BNSF File No. BF-20221321 IPA/LWAY Spokane Valley, WA DOT 982823D Pines Road Underpass termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (3) BNSF will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with BNSF's legal duty to furnish information. (5)To the extent applicable to BNSF's work under the Agreement, BNSF will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)To the extent applicable to BNSF's work under the Agreement, BNSF will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. (7)In the event of BNSF's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled,terminated, or suspended in whole or in part and BNSF may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. b. Copeland "Anti-Kickback"Act. To the extent applicable to BNSF's work under the Agreement, BNSF shall comply with 40 U.S.C. 3145 as supplemented by 29 C.F.R. Part 3. BNSF acknowledges that it is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. BNSF agrees to timely report all suspected or reported violations to the LOCAL AGENCY. Bnr. .F' BNSF File No. BF-20221321 HA/LI1'AY Spokane Valley, WA DOT 982823D Pines Road Underpass c. Contract Work Hours and Safety Standards Act. To the extent applicable to BNSF's work under the Agreement, BNSF shall comply with 40 U.S.C. 3701-3708. d. Compliance with Environmental Law. To the extent applicable to BNSF's work under the Agreement, BNSF shall comply with all applicable provisions of the Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended. e. Lobbying. BNSF certifies that it has not and will not use Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with the award of any Federal contract, the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement,then BNSF shall complete and submit the Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. f. Procurement of Recovered Material. To the extent applicable to the work identified in the Agreement,BNSF shall comply with 2 CFR § 200.323. g. Prohibition on Video Surveillance Equipment from Certain Foreign Entities. To the extent applicable to the work identified in the Agreement, BNSF shall comply with 2 CFR § 200.216. • B/VSF BNSF File No. BF-20221321 AA/L wAY Spokane Valley, WA DOT#982823D Pines Road Underpass [SIGNATURE PAGE 1 OF 1] 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 Signature: Printed Name: Title: CITY OF SPOKANE VALLEY Signature: mil/ Printed Name: ruH.ti. Title: c ,Ty -tea., C 20 of 72