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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 '~ ~ . • ~ ~ . CONS~fRUCTION AND MAINTENANCE Ar,REEMENT t:f;~tr~t~v i turf. ii~irriUytritrv i OF r," S i ntE i AUBURN, WASHINGTON / , ~~ -, 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 /L , ~ , ,- and ~ ' WHEREAS, in connection therewith the City desires to acquire an easement for said street improvement and said retention pond; and '~ ~~ ~~ 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. sarfenglg6 1 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. sarfengl g6 ~ ~ ~ ~~ 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. sarfengl g6 3 ,, t0-..~~ 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, sarfengl g6 4 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. sarfengl g6 5 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. - sarfengl g6 b ~['~ 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." sarfenglg6