HomeMy WebLinkAbout1101RESOLUTION N0. 1 1 0 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK. OF THE CITY OF AUBURN, TO EXECUTE A
CONSTRUCTION AND MAINTENANCE AGREEMENT AND EASEMENT FOR IMPROVEMENT
OF A STREET S.E.,BETGdEEN THE CITY OF AUBURN AND BURLINGTON NORTHERN,
INC.
THE: CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR
MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
THE Mayor and City Clerk. of the City of Auburn, are hereby authorized
to execute a Construction and Maintenance Agreement and Easement for improvement
of A Street S.E., between the City of Auburn and Burlington Northern, Tnc. A
copy of said Agreement is attached hereto, denominated as Exhibit "A" and made
a part hereof as though- set forth i'n full herein.
DATED and SIGNED this 7th day of duly, 1980.
CITY OF AUBURN
~.
A Y O R
ATTEST:
Ll. C
City Jerk.
Resolution No. 1101
6-11-80
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CONS~fRUCTION AND MAINTENANCE Ar,REEMENT
t:f;~tr~t~v i turf. ii~irriUytritrv i OF r," S i ntE i
AUBURN, WASHINGTON
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AGREEMENT made thi s ; ~~ r ~ day of ~ ~~. ~~, 19 ~~, by and
between the City of Auburn, a muni ci pal corpora .x n ofjtthe State of Washington,
hereinafter called the "City," and the Burling~gn Northern Inc., a Delaware
corporation, hereinafter called the "Railway":
WITNESSETH:
WHEREAS, the City is proposing to widen and improve "A" where it
parallels our yard facilities along "A" Street from approximately MP 21.9 to
approximately MP 2 3.9, on 'the Pacific 3rd Subdivision at Auburn, Washington,
t~
~~ and to construct a storm water retention pond near the yard office, at the
r location shown on map marked Exhibit "A" attached hereto and made a part hereof;
B
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,
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and
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' WHEREAS, in connection therewith the City desires to acquire an
easement for said street improvement and said retention pond; and
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~~ WHEREAS, the Railway will be required to perform certain work on its
~ - facilities• and
~~y WHEREAS, the parties hereto desire the project for th,e construction of
`~~~~ the said Street im provement and retention pond, to be performed in accordance
with plans and specifications to be prepared by the City; and
WHEREAS, the City is willing to undertake the construction of said
project with City funds and such Federal funds as may be available for this
purpose pursuant t o the Federal Highway Acts applicable thereto, and the Railway
is willing to cons ent to the execution of said project upon the terms and
conditions herein stated and not otherwise; and
WHEREAS, the parties hereta desire to contract with reference to the
work to be done by each of those in connection therewith., the protection of the
Railway facilities and the payment of costs and expense therein involved.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, it is mutually agreed as follows:
I•
The Railway shall grant to the City, for and in consideration of the
sum of $137,300.00 b.y separate instrument an easement for said roadway
improvement upon the surface of the Railway's right-of-way as shown outlined in
green and for said retention pond as shown in said yard area as outlined in -
orange, both on said Exhibit "A".
II
The City shall perform its work in accordance with detailed plans and
specifications which shall be prepared by the City and sr~bmitted to the
Assistant Vice President Engineering of the Railway for approval and approved
by it when such plans and specifications are applicable or affect any right-of-
way or facility of the Railway, and no work, pursuant to said plans and
specifications shall be performed on the right-of-way of the Railway prior to
receipt of notices to proceed given by the said Assistant Vice President
Engineering to the City Engineer or their respective authorized representatives
Nothing provided in this agr•eerrrent with respect to said plans and specifica-
tions shall he construed or deemed to be a ratification or an adoption by the
Railway of either or both said plans as its- own.
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III
follows:
PART A
The City and the Railway will perform various items of work as
WORK TO BE PERFORMED BY CITY OF AUBURN
OR ITS CONTRACTOR AT CI
PART B
1. Except as otherwise herein provided, furnish all plans,
engineering, supervision, labor, material, supplies and
equipment necessary for construction of the project.
2. Do all grading for the street widening and retention pond.
Place fencing around retention pond and along right-of-way
of Railway as shown on Exhibit "A".
3. Provide driveways into Railway property as shown on said
'Exhibit "A" and relocate trees as required on Railway property
to satisfaction of Railway.
4. Perform all other work not specifically mentioned as work to be
performed by the Railway, necessary to complete the project in
accordance with the plans and specifications.
WORK TO BE PERFORMED BY THE RAILWAY
AT ITS EXPEN
1. Relocate tracks as required.
2. Engineering and Accounting
3. Flagging
Perform flagging and furnish protective services and devices
during construction as deemed necessary by the Railway Company.
IV
All work herein provided for, to be done by the City or its
contractors on the Railway's right-of-way, shall be perf ormed by the City or
its contractors in a manner satisfactory to the Railway and shall be performed
at such time and in such manner as not to interfere unnecessarily with the
movement. of trains or traffic upon the tracks of the Railway. The City or its
contractors shall use all care and precaution necessary to avoid accident,
damage, or interference to the Railway's tracks or to the trains or traffic
using its tracks and notify the Railway a sufficient time in advance whenever
it is about to perform work adjacent to any track to enable the Railway to
furnish flagging and such other protective services and devices as might be
necessary to ensure safety of railway operations, and the Railway shall have
the right to furnish ail such flagging or protective services and devices as in
its judgment is necessary. Attached hereto, marked Exhibit "B", and by this
reference made a part hereof, is a statement of .the conditions when flagmen and
protective services and devices will be furnished by the Railway. Wherever the
safeguarding of trains or traffic of the Railway is mentioned in this
agreement, it is intended to cover and include all users of the Railway's.
tracks having permission for such use.
V
The Railway will perform certain work on its facilities at its expense
as indicated in Article III, Part B, of this agreement.
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VI
All contracts between the City and its contractor, for either the
construction herein provided for or maintenance work on the highway within any
easement area described herein or shown on the exhibit attached hereto, shall
require the contractor to protect .and hold harmless the Railway and any other
railroad company occupying or using the Railway's right-of-way or line of
railroad against all loss, liability and damage arising from activities of the
contractor, its forces or any of its subcontractors or agents; and shall
further provide that the contractor shall:
1. Furnish to the Railway a Railroad Protective Policy in the form
provided by FHPM 6-6-2-2. The limits of said policy shall not be less than
Two Million Dollars ($2,000,000) for all damages arising out of bodily injuries
to or death of any one person, and subject to that limit for each person a
total of not less than Two Million Dollars ($2,000,000) for all damages arising
out of bodily i n jury to or death of two or more persons i n any one accident;
and not less than Two Million Dollars ($2,000,000) for all damages arising out
of injury to. or destruction of property in any one accident and subject to that
limit for any one accident a total limit of not less than Four Millian Dollars
($4,000,000) for all damages arising out of injury to or destruction of
property during the policy period. Said insurance policy executed by a
corporation qualified to write the same in the state in which the work is to be
performed shall be in form and substance satisfactory to the Railway and shall
be delivered to and approved by the Railway prior to the entry upon use of its
property by the contractor.
2. Carry regular Contractor's Public Liability and Property Damage
Insurance as specified in FHPM 6-6-2-2 providing fora limit of not less than
One Million Dollars ($1,000,000) for all damages arising out of bodily injuries
to or death of one person, and, subject to that limit for each person, a total
limit of not less than Two Millian Dollars ($2,000,000) for all damages arising
out of bodily injuries to or death of two or more persons in any one accident;
and providing for a limit of not less than One Millian Dollars ($2,000,000) for
all damages to or destruction of property in any one accident and subject to
that limit a total (or aggregate) limit of not less than Two Millian Dollars
($2,000,000) for all damages to or destruction of property during the policy
period. A certified copy of the policy providing said Contractor's Public
Liability and Property Damage Insurance, executed by a corporation qualified to
write the same in the state in which the work is to be performed, in form and
substance satisfactory to the Railway shall be delivered to and approved by
the Railway prior to the entry upon or use of the Railway's property by the
contractor.
If the City, its contractor, subcontractors or agents, in .the
performance of the work herein provided for or by the failure to do or perform
anything for which it is responsible under the provisions hereof, shall damage
or destroy any property of the Railway, such damage or destruction shall be
corrected by the City in the event its contractor or the insurance carriers
fail to repair or restore the same.
VII
The City, without expense to the Railway, shall secure from the .owner..
or owners of that certain property lying adjacent to and outside of the
Railway's right-of-way all necessary easements, permits, or other interest
therein necessary for the occupancy and use of said property during the
construction, maintenance, and operation of the roadway and its appurtenances.
VIII
Upon completion of the project, the City, at its sole cost and expense, shall
maintain the retention pond and fences.
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IX
In case said property shall at any time cease to be used far said
street or retention pond, or shall by operation of law become vacated or
abandoned, the rights and benefits to the City under this agreement shall
immediately cease, and the Railway shall be entitled to repossess the 1-and to
which it has executed easements and permits to the City, and to use the same
thereafter as if this agreement had never been executed, without the necessity
of any further legal proceedings.
X
If the Railway enters into a contract or agreement with a contractor
to perform any of the work, which the Railway is required to perform under the
terms of this agreement by reason of the construction of the City's project,
the Railway, for itse lf, its assigns and successors in interest, agrees that it
will not discriminate in its choice of contractors and will include all the
nondiscrimination provisions set forth in Exhibit "C", attached hereto and made
a part hereof, in any such contract or agreement "C".
XI
This agreement shall inure to the benefit of and be binding on the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed the day and year first hereinabove written.
CITY OF,Akt6 RN, WASHINGTON
/. _
Attest: ~. t ~i By // .. - ~ ~ / / ?t~--
it e
•i
BURLINGTON NORTHERN INC
,, ,p
gy : %, ,
Titie
Vice Pres., Mtce. & Engr,
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EXHI8IT "B"
STATEMENT OF CONDITIONS WHEN FLAGMEN, PROTECTIVE SERVICES
AND DEUICES WILL BE FURNISHED BY THE RAILWAY
Railway flagmen, protective services and devices will be furnrished but not
limited thereto for the Following conditions:
(1) When in the opinion of the Railway protection is necessary to safeguard
the Railway's trains, engines, facilities and property.
(2) When any work is performed over, under, or in close proximity to tracks or
any Railway facilities.
(3) When work in any way interferes with the operation of trains at .usual
speeds or threatens, damages,- or endangers track or Railway facilities.
(4) When any hazard is presented to Railway communications, signal,
electrical, or other facilities either due to person, material, equipment
or blasting in the vicinity.
(5) Where or when material is being hauled across tracks. Special clearance
must be obtained from the Railway before moving heavy or cumbersome
objects and equipment which might result in making the track impassable.
COST OFI FLAGGING AND OTHER PROTECTIVE SERVICES AND DEVICES
(a) (b) (c) (d)
NUMBER CLASSIFICATION BASE PAY HEADQUARTERS
3 Sectionmen $8.27 per hour Kent, WA
per 8 hour day
plus additives.
NOTES:
(a) A full flagging crew generally consists of three men. Under certain
conditions more than three men may be required or a lesser number may be
sufficient. However, additional personnel, such as communications linemen
and/or signalmen may be used to protect. communications and signal facil-
ities, if deemed necessary by the Railway.
(b) The Classification is shown solely for the prospective bidder's informa-
tion, and there is no guarantee that the above classes of labor will
actually be used or that the rates of pay shown in column (c) will be
those in effect at the time the work is undertaken.
(c) Shows base pay rate per man per hour for normal eight-hour shift in effect
April 1980.
(d) Estimated costs for travel per employee from headquarters to job site and
return is $ 18.00 per round trip. The estimated daily cost for
.meals and other accommodations is $ ----- per employee.
(e) In addition, protective devices, such as crossing signals, indicators,
telltales, lights, telephone, etc., may be required. In this connection
telltales may be installed by the Railway, at its option, as a condition
of its approval of any proposed restrictions of vertical clearance during
construction to less than 22-1/2 feet.
(f) It shall be the duty and responsibility of the City and its
Contractors to notify the Railway's Division Superintendent at least
forty-eight (48) hours in advance of when flagmen or other protective
services and devices are required.
To all direct labor costs, there shall be additional charges for Vacation
Allowance, Health and Welfare, Railroad Retirement and Unemployment Taxes;
Public Liability, Property Damage and Workmen's Compensation Insurance; and
accounting and billing. For estimating purposes only, these additives collec-
tively may bP cons~d?rPd a~ annroximating 45 ~, of direct labor costs.
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EXHIBIT "C"
Appendix A
Nondiscrimination Provisions of Title VI of the Civil Rights Act of 1964.
During the perf or~nance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
"contractor"), agree as follows:
(1) Compliance with Regulations: The contractor will comply with the
Regulations of the Department of Transportation relative to non-
discrimination in federally-assisted programs of the Department of
Transportation (Title 49, Code of Federal Regulations, Part 21,
hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this contract.
* (2) Nondiscrimination: The contractor, with regard to the work performed
by it after award and prior to completion of the contract work, wil l
not discriminate on the ground of race, color, or national origin in
the selection and retention of subcontractors, including procurements
of materials and leases of equipment. The contractor will not partic-
ipate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in Appendix "A", "S" and "C".
(3) Solicitations _f or Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive i Ong or
negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the contractor
of the contractor's obligations under this contract and the Regulations
relative to nondiscrimination on the ground of race, color or national
origin.
(4) Information and Reports: The contractor will provide all information
and reports required by the Regulations, or orders and instructions
issued pursuant thereto, and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the State Highway Department or the Federal Highway
Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required
of a contractor is in the exclusive possession of another who fails or
refuses to furnish this inf ormation~, the contractor shall so certify to
the State Highway Department, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain the
.information.
(5) Sanctions for Noncompliance: In the event of the contractor's
noncompliance with the nondiscrimination provisions of this contract,
the State Highway Department shall impose such contract sanctions as it
or the Federal. Highway Administration may determine to be appropriate,
including, but not limited to,
(a) withholding of payments to the contractor under the contract until
the contractor complies, and/or
(b) cancellation, termination or suspension of the contract, in whole
or in part. -
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~['~ T .L L I")~.. ' Tl~., L.~.. 11 ,• 1 1 LI
~v1 1i1CuiNCru~lv~l ui r1~VisiJ~1=.: 11-G CuntidC.w- Wi-f ~ii-C-UUG one
provisions of paragraph (1) through (6) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, order, or instructions issued p!.irsuant thereto. The
contractor will take such action with respect to any subcontract or
procurement as the State Highway Department or the Federal Highway
Administration may direct as a means of enforcing such provisions.
including sanctions for noncompliance: Provided, however, that, in the
event a contractor becomes involved in, or is threatened with, litiga-
tion with a subcontractor or supplier as a result of such direction,
the contractor may request the State to enter into such litigation to
protect the interests of the State, and, in addition, the contractor
may request the United States to enter into such litigations to protect
the interests of the United States.
* PROHIBITION OF DISCRIMINATION ON THE BASIS OF SEX.
SEC. 162. (a) Chapter 3 of Title 23, United States Code is amended by
adding at the end thereof the following new section:
"S 324, Prohibition of discrimination on the basis of sex.
No person shall on the ground of sex be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal assistance under this title or
carried on under this title. This provision will be enforced through
agency provisions and rules similar to those already established, with
respect to racial and other discrimination, under title VI of the Civil
Rights Act of 1964. However, this remedy is not exclusive and will not
prejudice or cut off any other legal remedies available to a
discriminatee."
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