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Home My WebLink About5579ORDINANCE NO. 5 5 7 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY AND THE BURLINGTON NORTHERN SANTA FE RAILWAY FOR PR 529, 3RD STREET SW GRADE SEPARATION AS PREVIOUSLY APPROVED BY ORDINANCE NO. 5352 AND AMENDED BY ORDINANCE NO. 5406. WHEREAS, the City of Auburn adopted Ordinance No. 5352 on March 6, 2000, accepting Burlington Northern Santa Fe Railway (BNSF) funds as provided in the Construction and Maintenance Agreement between the City of Auburn and BNSF; and WHEREAS, the City of Auburn adopted Ordinance No. 5406 on June 19, 2000, amending the Construction and Maintenance Agreement to address the value of the proposed and existing easements necessary from the Burlington Northern Santa Fe Railway; and WHEREAS, during construction of the PR 529 project, it was determined that BNSF's existing northern bungalow was required to be relocated and was not addressed in the existing agreement; and WHEREAS, BNSF and the City of Auburn have agreed to split the actual costs of completing this additional work at 50% each. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 5579 August 16, 2001 Page 1 Section 1. Purpose. To modify the Construction and Maintenance Agreement by increasing the amount to be reimbursed to the City of Auburn by the Burlington Northern Santa Fe Railway by 50% of the actual costs for the relocation of the northern bungalow. This amount of this work is currently estimated to be $373,897 of which Burlington Northern Santa Fe Railways 50% share is estimated to be $186,949. Section 2. The Mayor and City Clerk are hereby authorized to execute Supplement #2 to the Construction and Maintenance Agreement between the City and the Burlington Northern Santa Fe Railway approving said Supplemental Agreement, a copy of which is attached hereto as Exhibit "1" and is incorporated herein by reference, the Mayor is also hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. Ordinance No. 5579 August 16, 2001 Page 2 DATED this 4th day of September, 2001. INTRODUCED: September 4, 2001 PASSED: SePtember 4, 2001 APPROVED: SePtenber 4, 2001 ( 0. GoG- CHARLES A. BOOTH MAYOR ATTEST: Dam Ile E. Daskam City Clerk APPROVED AS TO FORM: zbs A Michael J. Reynolds City Attorney PUBLISHED: 9-9-01 Ordinance No. 5579 August 16, 2001 Page 3 SUPPLEMENT #2 CONSTRUCTION AND MAINTENANCE AGREEMENT 3RD STREET S.W. OVERHEAD HIGHWAY BRIDGE (NIP 21.60) AUBURN, WASHINGTON RAILWAY Contract No. File No THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, desires to supplement the agreement entered into with CITY OF AUBURN, WASHINGTON, a municipal corporation, and executed on July 25, 2000 . All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: ARTICLE I Article I, Item 2, is amended as follows: 2. In accordance with 23 CFR 646 B, which by this reference is incorporated in this agreement, the RAILWAY will receive certain ascertainable benefits from said project and, therefore, will be required to contribute to the cost of said project. In consideration for the closure of the grade crossing, the RAILWAY will contribute 5% of the project costs consistent with 23 CFR 646.210(b)(3). Based on the Project Cost Estimate, the Railway's share is determined to be $1,185,000. In addition, the RAILWAY will contribute 50% of the actual costs for The Agency shall prepare and submit progress payments and the Railway shall tender payment within sixty days after the receipt of a billing from the agency, according to the following schedule. a) Award of the Contract by Agency $395,000 b) Project at 50% completion $395,000 c) Project completion $581,949 includes 50% of the estimated costs for the bunoalow relocation work. During construction, the Agency will make direct payments to its prime contractor Article I, Item 4, paragraph 3, second sentence is amended as follows: The agency will then pay progress bills within 30 45 days after receipt of a properly submitted bill. Article I, Item 4, under 'Construction of the Project shall include the following work by Railway:' the following is added: (f) Relocation o1 the north wye Auburn control point bungalow. Exhibit B-1 has been revised to include the additional work by the RAILWAY and is attached hereto and made a part hereof. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below. gOinglen k4rtiwrn sari• F6 Levi �::.ufiTrw'llt Michael J. Reynolds City Attorney Exhibil'1' Ordinance No. 5579 THE BURLINGTON NORTHERN AND SANTA LW COMPANY By !� tce resident -Engineering AUBURN, WASHINGTON J By (fid/ I" r Charles A. Booth Mayor EXHIBIT B-1 ................................................................................................................... ••••• MAINTAIN PROPRIETARY CDNFIDENIIAL17V ••••• ...................................................................................................................... THE 1. N. S. F. RAILWAY COMPANY r. FMFN ESTIMATE FOR STATE OF YA ....................................................... ..................................................................... LOCATION - AUBURN DETAILS OF ESTIMATE ............................................................................................................................ FURFOSE, JUSTIFICATION AND DESCRIPTION STATE OF WAZHIN470N IS CLOSING 3RD. ST. SE. (RO551N6 IN AUBURN. MA. AND BUILDING AN OVERPASS. ENSF SIGNAL INVOLVEMENT 15 11 RELOCATE NORTH NYE AUBURN CDNTROL POINT IUMGALOM. 6 21 REMOVE ALL CROSSING EOUIPMENT ASSOCIATED NITN 3RD. ST. 5M. DESCRIPTION ............................................. OUANTITY U/M. .......... ........ ..... LABOR COMMUNICATIONS IABOA - OFFICE BLOCS Se.00 MM ELECTRICAL LABOR F/FOVER TRANS SYS SA.00 MM SIGNAL FIELD LAID& 1600.00 MH SIGNAL SMDF LABOR 160.00 MN PAYROLL ASSOCIATED COSTS EOUIPHEMT E)PINSES SUPERVISION EAFENSES PERDIEM E)FENSE3 INSURANCE EYPENSES TOTAL LABOR COST •......... MATERIAL ...... I... COMMUNICATION MATERIAL COMPLETE ELECTRICAL MATERIAL COMPLETE NO LINK HYD -3R2 (2) AND MISC. C90551NS MATERIAL $FARE 6 MISC. MATERIAL VMLC E.O.S. LESS/SN K SIGNALS STORE EIFENSES USE TAK OFFLINE TRANSPORTATION 707AL MATERIAL COST ......... 07HER .......... COMMUNICATION OUTSIDE LABOR CONTRACT ENGR. DIRECT SNIFFING EOUIFMENT RENTAL TOTAL BILLABLE COST Fa.27201 24K TOTAL DINER ITEMS COST PROJECT SVITOTAL CONTI46ENCIES BILL PREPARATION FEE 6RDS5 PROJECT COST LESS COST PAID IT INSF 1.00 EA 1.00 LS 1.00 LS N 1.00 LS N 1.00 LS 1.00 LS N 1.00 EA 30000.00 LS N 1670.00 N1 1.00 EA COST 70TAL S .. ........... ........... 1.223 1,140 36,147 3,265 25,571 7,056 26,667 13,337 6,264 ........... ........... 123,060 123,050 5.200 1.500 12.000 50.000 10.000 62.000 414 9.374 1.772 ........... ........... 152,340 152,340 6.250 30.000 6,545 20,000 ........... ........... 64,795 6Y.795 ••••331.213 33.321 1.361 ....373.397 0 373.397