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CONSTRUCTION AND MAINTENANCE AGREEMENT
REMOVE AND RECONSTRUCT GRADY WAY OVERHEAD
BRIDGE AT BLACK RIVER, WASHINGTON
AGREEMENT made this /�.%7� day of �, 19_5 Tby and between
the STATE OF WASHINGTON, re nafter ca e e Late the —CITIES OF RENTON
AND TUKWILA, both municipal corporations of the State of Washington, hereinafter
called the "Cities"; OREGON-WASHINGTON RAILROAD d NAVIGATION COMPANY, a corpora-
tion of the State of Oregon, and its lessee, UNION PACIFIC RAILROAD COMPANY, a
corporation of the State of Utah (hereinafter jointly called "UPRR"); and the
BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation (hereinafter called
"BNRR"), (both UPRR and BNRR hereinafter collectively called the "Railways");
WITNESSETH:
WHEREAS, the existing Grady Way overhead bridge was constructed under an
agreement designated as Docket No. NP 16687, UPRR Audit 41215, dated June 10,
1936, between the State, King County, a political subdivision of the State of
Washington, hereinafter called the "County"; Henry A. Scandrett, Walter J.
Cummings and George I. Haight, Trustees of the property of the Chicago,
Milwaukee, St. Paul A Pacific Railroad Corpany, hereinafter called "Milwaukee";
Oregon -Washington Railroad d Navigation Company, a corporation of the State c
Oregon, and its lessee, Union Pacific Railroad Company, a corporation of the
State of Utah (hereinafter called "UPRR"), and Northern Pacific Railway Company,
a corporation of the State of Wisconsin (hereinafter called "Pacific"); and
WHEREAS, UPRR and Milwaukee, under an agreement dated July 20, 1936,
Audit 42424, granted to County the right to construct the existing Grady Way
overhead bridge over and across the right-of-way of said railroads in the
location described therein; and
WHEREAS, the Cities are successors to the County; and
WHEREAS, UPRR is successor to the Milwaukee; and
WHEREAS, the Burlington Northern Railroad Company is successor in interest
by merger to the Pacific; and
WHEREAS, the State and the Cities are proposing to remove and reconstruct
tH" existing Grady Way overhead highway bridge which crosses the Railways'
rights -of -way and tracks in Go•rernment Lot 8 in the N 112 of the SW 1/4 of
Section 24, Township 23 North, Range 4 East, W.M. at Black Riper, Washington,
as shown on rap marked Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, the Railways may be required to perform certain work on their
facilities; and
WHEREAS, the parties hereto desire the project for the construction of the
said overhead bridge to be performed in accordance with plans and specifications
to be prepared by the Cities; and
WHEREAS, the State and Cities are willing to undertake the construction r
said project with Cities' funds and such federal funds as may be available fc-
this purpose pursuant to the Federal Highway Acts applicable thereto and the
Railways are willing to consent to the execution of said project upon the terms
and conditions herein stated an, not otherwise; and
WHEREAS, the parties hereto desire to contract with reference to construc-
tion of the new Grady Way overhead bridge and the work to be done by each party
in connection therewith, the protection of the Railways' 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:
oc1283fpo1 I
1.
UPRR hereby grants to Cities and to State the right to remove the existing
Grady Way overhead bridge and the right to construct a new Grady Way overhead
bridge over and across UPRR right-of-way described as follow::
The tracts of land in Government Lot Eight (8), Section
Twenty-four (24), Township Twenty-three (23) North, Range Four
(4) East, M.N., being those portions of the 1DO-foot right-of-way
of the Railroads in said Government Lot Eight (8), lying within a
strip 100 feet in width, having 50 feet of such width on each
side of the following described center:ine of overpass:
A straight line drawn in an easterly -westerly direction
across said right-cf-way and intersecting the centerline of said
right-of-way at Station 45. plus 86.7 of the engineers station of
said right-of-way, with a northeasterly angle cf 16 degrees.
Said centerline of overpass also intersects the centerline
of the Railroad's main track at Station 451 plus 84.1 of the
enginee^s stations of said track.
BNRR hereby grants to Cities and to State the right to remove the existing
Grady May overhead bridge and the right to construct a new Grady Way overhead
bridge over and across BNRR's right-of-way as shown on said Exhibit "A".
11.
The Cities shall perform their work in accordance with the aelail. Y- ,
and specifications which shall be prepared by 'he Cities and submitted to the
Assistant Vice President Engineering of BNRR and the Chief Engineer of UPRR for
approval when such plans and specifications are applicable or affect any
rights -of -way or facilities of the Railways, and no work pursuant to said plans
and specifications shall be performed on the rights -of -ways of the Railways
prier to receipt of notices to proceed given by the said Assistant Vice
President Engineering and Chief Engineer to the Cities' Engineer or their
respective authorized representatives. Nothing provided in this agreement wit'
respect to said plans and specifications shalt be construed or deemed to be a
ratification or an adoption by the Railways of either or both said plans as
their own.
The Cities and the Railways agree to perform the following items of work:
A. WORK TO BE PERFORMED BY CITIES OR THEIR CONTRACTOR AT CITIES' EXPENSE
1. Execpt as otherwise herein provided, furnish all plans, engineering,
supervision, labor, material, supplies and equipment necessary for
constructior. of the project.
2. Remove and reconstruct the Grady May overhead bridge.
3. Provide all drainage away from the Railways' tracks to the satisfaction of
the Railways.
4. Perform all other work not specifically mentioned as work to be performed
by the Railways, necessary to complete the project in accordance with the
plans and specifications.
WORK TO BE PERFORMED BY THE RAILWAYS AT THE EXPENSE OF THE CITIES
,. Signal and Communication Work
Place S gnd an 'communication facilities in temporary location and restore
to c;en wire upon completion of said overhead bridge.
Engineeringand Bill Preparation
errfom preliminary and construction engineering including field and office
work, field inspection, and bill preparation.
�- 3
^r:2e3fpo: 2
7�
Flagggg ing
el or flagging and furnish protective services and devices during
construction as deemed necessary by the Railways.
IV.
All work herein provided for, to be done by the Cities or their contractors
on the Railways' rights -of -way, shall be performed by the Cities or their
contractors in a manner satisfactory to the Railways and shall be perfomed at
scch tines and in such manner as not tc interfere with the movement of trains or
traffic uron the tracks of the Railways. The Cities or their contractors shall
use all care and precaution necessary to avoid accident, damage, or interfererce
to the Railways' tracks or to the trains or traffic using their tracks and
notify the Railways a sufficient time in advance whenever they are about to
perform work adjacent to any track to enable the Railways to furnish flagging
and such other protective services and devices as might be necessary to ensure
safety of the Railways' operations, and the Railways shall have the right to
furnish all such flaggi„g or protective services and devices as in their judg-
ment is necessary, and the Cities shall reimburse the Railways for the cost
thereof. Wherever safeguarding of trains or traffic of the Railways is men-
tioned in this agreement, it is intended to cover and include all users o' the
Railways' tracks having permission for such use.
The parties hereto agree that the City of Renton is the leac a5ercj rV
're
Cities and, therefore, the Railways will submit all bills for flagging and for
construction to the City of Renton for payment.
The Railways will submit bills for flagging and other protective services
and devices currently during progress of the work conterplated by t'it agree-
ment. The Railways will submit complete billing for flagging and other proter
Live services and devices at the earliest practical date and the Cities shall
pay such bills promptly. All costs shall be paid by the Cities in accordance
with the provisions of FHPM 1-4-3. Attached hereto, marked Exhibit "B" and by
this reference made a part hereof, is a statement of conditions when flagmen,
protective services and devices will be furnished by BNRR. UPRR will furnish
flagmen, protective services and devices under comparable circumstances at ther
applicable charges.
V.
in accordance with FHPM 6-6-2-1, and by this reference made a part of this
agreement, the Railways will receive no ascertainable net benefits from said
project and, therefore, are not required to contribute to the cost of said
project.
VI.
It is understood that Exnibits "C-1" and "C-2" attached hereto are currer,
estimates of the cost of the work to be performed by BNRR and UPRR, respect
tively, at Cities' expense and are for information purposes only, and it is
further understood that, except for progress bills, billings made by the
Railways under the authority of this agreement will be on the basis of the
actual cost of the work performed.
Progress bills may be submitted by the Railways to the Cities during the
progress of the work Included in this agreement on the basis of the Railways'
Engineer's estimate of completion of the various cost reimbursable items shown
on Exhibits "C-1" and "C-2", and the Cities shall pay such bills promptly.
The Railways agree not to commence construction work for said project until
receipt from the Cities of written notice to proceed with the work and that
reimbursement will be limited to construction costs incurred subsequent to the
date of said notification.
It is further agreed that a anal and complete billing of all incurred
actual costs of the work performed by the Railways, including labor, additives,
materials, preliminary and construction engineering, preparation of bills, and
the cost of transportation of said materials, ascertained in accordance with the
provisions of the FHPM 1-4-3, shall be made at the earliest practical date.
oc1283fpoJ 3 L
Said FHPM 1-4-3 by this reference is made a part of this agreement. The Cities
shall, upon presentation of final billing, promptly reimburse the Railways for
the cost of the work included in this agreement. Preliminary engineering costs
incurred subsequent to April 11, 1980, may be charged against the project.
ffill
All contracts between the Cities and their contractor, for either the
construction herein provided for or maintenance work on the overhead bridge or,
or adjacent to the rights -of -way of the respective Railways, shall require the
contractor to protect and hold harmless the Railways and any other railroad
company occupying or using the Railways' rights -of -way or line of railroad
against all loss, liability and damage arising from activities of the contrac-
tor, its forces or any of its subcontractors or agents; and shall further
provide that the contractor shall;
1. Furnish to the Railways a Railroad Protective Policy in the form
provided by FHPM 6-6-2-2. The combined single limit of said policy shall not be
less than Two Million Dollars (S2,000,000) for all damages arising out of bodily
injuries to or death of any person or persons and for all damages arising out of
the loss or destruction of or injury or damage to property in any one occurrence
during the policy period, and subject to that limit a total (or aggregate) limit
of not less than Six Millior Dollars (S6,000,000) for all damage 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
the form and substance satisfactory to the Railways and shall be delivered to
and approved by the Railways prior to entry upon or use of their property by the
contractor. Each Such contractor also shall provide to Pailways a certificate
of contractors' general liability insurance with broad foie endorsement and with
Two Million Dollars ($2,000,000) single limit coverage, such certificate to
provide thirty (30) day advance notice of cancellation.
Vill.
Upon completion of the project, the Cities shall maintain said overhead
highway bridge including roadway, supporting steel, piers, abutments and
approaches thereto. The Cities agree that they will do nothing and permit
nothing to be done in the maintenance of said overhead bridge which will
interfere with or endanger facilities of the Railways. The Railways may make
changes in or additions to their existing facilities within the limits of the
said overhead bridge; provided, however, that the usefulness thereof, and the
purpose of said overhead bridge shall not thereby be impaired.
Ix.
Cities and State shall not do nor permit anything to be done to reduce the
horizontal or vertical clearances provided by the approved plans of the overhead
bridge.
In the event that the said overhead highway bridge shall at any time cease
to be used by the public as a highway, or shall, by operation of law, or other-
wise, become vacated or abandoned, the rights and benefits of the Cities under
this agreement shall immediately cease, and the Railways shall be entitled to
use said land as if this agreement and all prior agreements had never been
executed, without the necessity of any urther legal proceedings. If the
Railways so desire, the Cities shall re iove said overhead bridge at their own
cost and expense.
XI.
The Railways will contribute the sum of Fifty Thousand Dollars ($50,000)
toward the cost of construction of said project as payment in consideration of
being relieved of any further obligation to maintain the existing or proposed
structure. BNRR shall contribute Thirty -Three Thousand Three Hundred and
Thirty -Three Dollars ($33,333) and UPRR shall contribute Sixteen Thousand Six
Hundred and Sixty -Seven Dollars ($16,667) of said total sum,
oc1283fpc: 4
XII.
If the Railways enter into a contract or agreement with a contractor to
perform any of the work, which the Railways are required to perform under the
terms of this agreement by reason of the construction of the Cities' project,
the Railways, for themselves, their assigns and successors in interest, agree
that they will not discriminate in their choice of contractors and will include
all the nondiscrimination provisions set forth in Exhibit "D", attached hereto
and made a part hereof, in any such contract or agreement.
zl...
This Agreement cancels and supersedes the aforementioned agreements dated
June 10, 1936 and July 20, 1936.
xIV.
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.
STATE OF WASHINGTON
APPROVED AS TO FORM: DEPARTMENT OF TRANSPORTATION
VSSt. AttoRey beneral r iti e
.S7#rc �v G/r.
BuRLItXYORTFERN RAILROAD COMPANY
it e
OREGON-WASHINGTON RAMROAD 4
NAVIGATION COMPANY
UNION PACIFIC RAILROAD COMPANY
ATTEST.
By
F„General Manager
CITY OF RENTON
ATTEST:
rr, "Ili. By ,.., ek
Tit e ,.��
CITY OF TUKWILA
ATTEST:
By-jTr{T—
y
L;C7'43
ocl283fpol 5
EXHIBIT "B"
STATEMENT OF CONDITIONS WHEN FLAGMEN, PROTECTIVE SERVICES
AND DEVICES WILL BE FURNISHED BY THE B.N.R.R.
Railway flagmen, protective services, and devices will be furnished bud rot
limited thereto for the following conditions:
(1) When in the opinion of the Railway protection is necessary to safeguard tl.e
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 cumberscme cbiects
and equipment which might result in making the track impassable.
COST OF FLAGGING AND OTHER PROTECTIVE SERVICES AND DEVICE,
(a) (b) (c) (d)
NUMBER CLASSIFICATION BASE PAY HEADQUARTERS
Sectionmen $11.50 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 (cj will be th c sr
in effect at the time the work is undertaken.
(c) Shows base pay rate per man per hour for normal eight -hour shift it of°ect
September, 1983.
(d) Estimated tests 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 S per employee.
(e) In addition, p-otective 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 Cities _ and its
Contractors to notify the Railway's Division Supenn en ent at least forty-
eight (48) hours in advar.ce 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 ^stimating purposes only, these additives collec-
tively may be considered as a,,proximating 45 S of direct labor costs.
ocl283fpol 6
EXHIBIT "D"
Appendix A
Nondiscrimination Provisions of Title VI of the Civil Rights Act of 1964.
During the performance of this contract, the contractor, for itself, its assign-
ees and successors in interest ;hereinafter referred to as the "Contractor"),
agrees as follows:
I) C�om liance with Regulations: The Contractor will comply with the
egR�ationsiT�e e�partment of TransDortattOn relative to nondis-
crimination 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: Tne Contractor, with regard to the work performed
VY-71-5757-5-WSR and prior to completion of the contract work, will
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 partici-
pate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices whey
the contract covers a program set forth in Appendix "A", "B" and "C
i3) Solicitations for SuDconiracts, Includin Procurements of Materials
_t�ui�men n a so citations eit er y competitive i ing
negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or equipment, earl,
Potential subcontractor or supplier shall be notified by the Contrac-
tor of the Contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the ground of race, tole,
or national origin.
f4) Irformation and Reports: The Contractor will provide all information
ind reports -_equire y 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 information, 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 Noncom liance: In the event of the Contractor's
noncomp fiance wit t e non iscrimination provisions of this contract,
the State Highway Department shall impose such contract sanctions as
it or the Federal Highway Administration may determine to be appro-
priate, 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.
oc1283fpo1 7
�' �43
(6) Incor oration of Provisions: The Contractor will include the provi-
sions o aragrap through (6) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by
the Regulations, order or instructions issued pursuant 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 in-
cluding sanctions for noncompliance: Provided. however, that, in the
event a Contractor becomes involved in or is threatened with litioa-
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.
• PROHIB,710h OF DISCRIMINATION ON 'HE 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 estab-
lished, 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."
BURLINGTON NORTHERN RAILROAD COMPANY
PACIFIC DIVISION 3RD SUBDIVISION
BLACK RiVER
STATE OF WASHINGTON VALUATION SECTION N-8
EXHIBIT "C-1"
Estimated cost to remove and reconstruct Grady
Way overhead
bridge as per
Exhibit "A".
ESTIMATED COST
LABOR
NON -LABOR
1. Signal and Communication Work
Place signal b communication lines in
temporary cable
S 3,260
S 3,830
4estore to open wire
2.630
600
Material Handling
---
315
Equipment Rental
...
970
Freight
---
45
Expenses
600
Subtotals Without Labor Surcharges
S 5,890
S 6.360
2. Engineering and Preparation of Bills
Preliminary and construction engineering
and office work
S 1.580
S ---
Field Inspection
2.000
_
Preparation of Bills
590
Subtotals Without Labor Surcharges
S 4.170
$ ---
3. Flagging
Not estimated per Exhibit "B"
...
...
SUMMARY
1. Signal and Communication Work
S 5,890
S 6.360
2. Engineering and Bill Preparation
4,170
---
3. Flagging per Exhibit "E"
...
...
4. Liability Insurance
1,057
51G.060
S 7,417
.. Labor Surcharges
Vacation Pay, Paid Holidays, Railroad
Retirement, Unemployment Insurance,
Health and Welfare Benefits S 5,241 S
TT57M 1-M
15,301
TTl,7T8
Contingencies 2 272
rew
State of Washington Tax - 5.12 310
Salvage i1,765)
'otal B/C vs. City of Rentor. S23,535
Office of Chief Engineer
Seattle, Washington
October 13, 1983
cc1283fpol 9
EXHIBIT C-2
MATERIAL AND FORCE ACCOUNT ESTIMATE
FOR THE
CITY OF RENTON, WASHINGTON
RELOCATE SIGNAL AND COMMUNICATION LINES TEMPORARILY AND RESTORE TO OVERHEAD
A -'ER COMPLETION OF NEB GRADY NAY OVERHEAD VIADUCT, DOT NO. 396-569M,
M.P. 172.68, BLACK RIPER., WASHINGTON, SEATTLE MAIN LINE.
Oregon Division May 3, 1983
Job No. Description Labor Material Total
COl. Engineering
Engineering Office 600
Engineering inspection 12000
Labor additive 6046
Equipment rental 1300
18648 19948
Relocate Signal Pole Line
CO2 Relocate signal lines U.G. 4800 8095
Additives 2304 1245
Contingencies 480 810
Equipment rental 600
7584 10$00 18 3F 4
Signal Pole Line Permanent
002 Relocate to O.H. 2400 1275
Additives 1152 204
Contingencies 240 128
3792 1607 5399
Relocate Communication
Line Temporarily
004 Rel xate communication line 1200 1495
Additives 576 224
Contingencies 120 150
Equipment rental 120
1896 TM 3885
Relocate Communication
Line Permanent
Relocate communication line 1200 100
Additives $76 15
Contingencies 120 10
Equipment rental 120
Z —iQ5 2141
006 Flagging
Flagging or roadway watchman service performed for the state o,
state's contractor and recollectible from state will be reported on
Form 1054, "Labor Report."
The above figures are estimates only and subject to fluctuation. In the event
of an increase or decrease in the cost or amount of material and labor requirec,
the state will be billed fer actual construction costs at the current rates
effe^Live thereof.
oc1283fpc' 10
Renton City council • • `'� �{
august 22, 1983
nags three
BUSINESS
Community Services Committee Chairman Reed PISe•,ed a report
Co�7nu_ity_ Services
recommending ccncurrence in the Public Works Dep..r tme^t's
Committee
reca�mendotion to approve the supplemental agreement for the
City of Renton old
P-1 Channel
transfer of lead agency from King County to
M.
NC EO
Agreement
authorize the mayor and City Clerk to sign the agreement.
COMMUNE"
BY MATHEWS, SECONDED By CLYMER. COUNCIL CONCUR IN THE
5 ERVICES COMMITTEE RECOMMENDATION. CARRIED.
7 ran soo•tat 'ron.
'ransDortation Co^amlttee Cheir-an Stredicke presented a repo t
Northern/Union Pac tf is
Comrmittee
recmlmendinS acceptance of the Burlington
'on 0f the SW Grady Wa>
6urlington
Railroad Agreement regarding construct
Public Works Department's recommendation and
Northern:Urlo^
Pacific Railroad
bridge per the
authorize the Mayor and City Clerk to sign the agreement. MOVED
IN THE TRCNS-
Acreeme^;
By STREDICKE, SECONDED By ROCKNILL, COUNCIL CONCUR
PORTATION COMMITTEE REPORT REGARDING THE BLRLINGTON NORTHER'.
UNION PACIFIC RAILROAD AGREEMENT. CARRIED.
JOD-a ste• Co -pan,
Transportation Committee Chairman Stredicke presented a reD-,t
Jolsmaster Company Lease, LAG 31-73,
lease LAG 01.73
Addenqur 02-83
recommending aPPfnval of the
Addendum 02-83 establishing a renegotiated rental rate increase
and corrected lease area square Footage and authorize the Mayor
and Ci�Clerk to sign the agreement. MOVED By STREDICKE.
SECONDED eY MATHEWS, COUNCIL CONCUR IN THE TRANSPORTATION CC""IrTEE
REPORT IN REGARD TO THE JOBMASTER LEASE. CARRIED.
Lo^gacres Councilman Stredicke requested additional information reca•d ing
As`essmer[ D, the assessment on LOngacres p-ppeftY by King County and questioned
King Cour:y the basis of authority allowing this King County action, red JctiOn
c` local jurisdiction, and lack of public knowledge. Mayor 5hinpoch
assured Councilman Stredicke that information would Dt fortl,,;hS
fror the City Attorney.
Cabaret Lnsc pJblic Safety Committee Chairman Hughes reported that a meeting
=narce scheduled for 8/17 to discuss the Cabaret license Ordinance had
beer postponed awaiting review b, the City Attorney of all D'slness
license ordinances.
'Rad;oactive-
Councilman Clymer questioned the presence of a City '^
'
c is
the parking lot with "radioactive' warning signs. Ad- „t
is usec o, ' , Jhl,tthe
Assistant Parness explained that thi, vehicle
Works Department to transport a densimeter, used to deter -
density of compaction of subbase material prior to paving. rmc
dersimtter is stored in a vault. Iran sported in the vehicle, and
the radiation level is low.
ORDIN4NCES AND
Ways and Means Committee Chairman Clymer presented a report
final
RESOLJTIONS
recommending the following ordinance for second and readings:
Crdinance r 745
An ordinance was read repealing Section 4-720 and a subsection of
Regulations) and enact; ng new
Re Dee of
Section 4-2204, Title IV (Building
Sections 4-709A and 4-7098, Title IV, rtlating to
Section 4.720
subsections to
MOVED BY CLYMER., SECONDED BY HUGHES, COUNCIL ADOPT THE
and Portiors or
Section 4-2204
zoning.
ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
Ways and Means Committee Chairman Clymer presented a report
submitting the following resolution for reading:
Resolution 92524
A resolution was read pro,iding for the transfer of funds it the
for
transfer of ponds
amount of S11,331 from Contingency Fund/Operating Traw a^s
MOVED BY HUGHES. SECONDED
Public Works
purchase of an Ozalid blueprint machine.
COUNCIL ADOPT THE RESOLUTION AS PRESENTED.
Oza'id Machine
BY ROCKMILL, lic Works
Hughes noted his support of this purchase due to
Director Houghton', recommendation based or his familiarity with
tie ozalic mac"t's performs•... , and ability. ROLL CALL: 4 4YES:
MATHEWS, REED, ROCKMLLL, HUGHES. 3 NAYS: TRIMM, STREDICKE, HUGHES.
MOTION CARRIED.
TRANSPORTATION (AVIATION) COMMITTEE REPORT
MEETING: Monday, August 22, 1983, 7:3U
I. The committee discussed the proposed Burlington Northern/Union Pacific
Railroad Agreement ref. construction of S.W. Grady Way Bridge. Renton
and Tukwila City Attorneys had questioned certain of the agreement
clauses. The State Department of Transportation was unable to proceed
with bid advertising on August 15, 1983 due to lack of executed
Railroad Agreement.
Bid date has been postponed indefinitely pending agreement execution.
The City of Tukwila has now agreed to the signing of this agreement.
Although the agreement does seem to be weighted in favor of the rail-
road it is basically the standard agreement that the City has signed
on previous occasions; therefore, the committee recomrends the agree-
ment be accepted as per the Public Works Department's recommendations
and the Mayor and City Clerk ue authorized to sign.
2. The committee reviewed the Jobmaster Company lease LAG 01-73 Addendum
#02-83 which establishes a renegotiated rental rate increase and
corrects the leased area square footage.
The Committee recommends that this lease LAG 01-73 Addendum a02-83
be approved.
/1'j
Richard Stredicke, Chairman
'--1a, , 1 -�'Yl cJ�i7et..-i—
Nancy Math.-s
t Rand ockh i 1 I
• 0
TRANSPORTATION (AVIATION) COMMITTEE REPORT
MEETING: Monday, August 22, 1983, 7:30
I. The committee discussed the proposed Burlington Northern/Union Pacific
Railroad Agreement ref. construction of S.W. Grady Way Bridge. Renton
and Tukwila City Attorneys had questioned certain of the agreement
clauses. The State Department of Transportation was unable to proceed
with bid advertising on .August 15, 1983 due to lack of executed
Railroad Agreement.
Bid date has been postponed indefinitely pending a ement execution.
The City of Tukwila has now agreed to the signing ofrethis agreement.
Although the agreement does seem to be weighted in favor of the rail-
road it is basically the standard agreement that the City has signed
on previous occasions; therefore, the committee recommends the agree-
ment be accepted as per the Public Works Department's recommendations
and the Mayor and City Clerk be authorized to sign.
2. The committee reviewed the Jobmaster Company lease LAG 01-73 Addendum
902-83 which establishes a renegotiated rental rate increase and
corrects the leased area square footage.
The Committee recommends that this lease LAG 01-73 Addendum A'02-83
be approved.
C '
Richard Stredicke, Chairman
n y Mat ��e- �
N
L
6_fta=n= ockhill
Renton City Council •
August 15, 1983
Page Two
6Alt,aA jP A6j0-F.
AUDIENCE COMMENT Roc.hill supported the new policy which increases accountability
Continued [r the Mayor for ethical behavior of city employees. Councilman
Committee of Whole StrediCke felt inclusion of city employees as committee +embers
Code o>' EM-cs may increase I;abiI ity or conflict d•x to friendships. Original
continued motion restated. ROIL CALL: 4 AYES: TRIMM, MATNEWS, IIDC KMILL.
HUGHE S. 3 NAYS: REED, STREDIC KE. CL VMER, MOTION CARAIED. Mrs.
Motion Car•ied Mattson thanked Council members who voted her preference.
AG.ance tc Charles Fenton, Asst. Gen. Mgr., Dietagen Coroo•a;ion 235-9tm
Core sponde^ce Avenue N., Seattle, requested permission tc address the COunc
regarding Correspondence item 6.c. on the Council Agenda. MOWEC
BY CLYMEll, SECONDED BY REED, COUNCIL SLSPEND THE RULES AND A04ANCE
'0 ITEM 6.c. CARRIED.
Purchase
Correspondence was read from Public Yorks Director Richard C.
Blueprint
Houghton requesting authorization to purchase a new blueprint
Machine -
machine to replace 15-year old Ozal;d product. Mr, Houghton
It.6.c.
explained four farms contacted for price quotes, with two
Correspondence
Subm;sSlpna acceptable IO the depar trer.t. His personal decision
to purchase trot, Ozal;d at S11,330.89 rather than D;etzgen at
SID 640.32 was based upon past perfor-mange record of existing
Ozalid machine used by the department. Mr. Charles Fenton
described his product, indicated his fir - has been ir. busiress
for 95 yews ;n the horthwest, and noted the b;d subm;ttee by
his firm was lower by SOO 57 for a product offering similar
service. Upon inquiry by Councilman Stredicke, Attorney Kellogg
and Finance Director Mulcahy advised competitive bidding process
'eq. red by State law for public works contracts over SI0,000
and waLtrwgrk5 DrVjettS Over $15, 000 ;n scope, Nowt,"'. ;nfcrm.al
bidding process has bee- acceptable for othe• Du -chases and would
.oply tc the subject request.
Mr. Houghton indicated that neither company had been promised
purchase of the'• Dr Oduct Oa see upon Low Did (later confirmed
by Hr, Fenton , and upon inquiry by Councilman Stria icke, he
stared that a S2.000 d-'fference in bid price -ay have ;rtlue^cec
the decision O` the depa•Lmert t0 purchase the machine.
MOVED By REED, SECONDED By HUGHES, COUNCIL CONCUR IN THE AE:_E3T
Of THE PUBLIC WORKS DIRECTOR TO PURCHASE THE 02ALID BLUEPRINT
MAC NINE. CARRIED. MOVED By CLVM Ell, SECONDED Cy REED, THIS
MATTER BE REFERRED TO THE WAYS AND MEANS COMMITTEE FOR TRANSFER
OF CONTINGENCY FUNDS. CARRIED. Councilman Stredicke questioned
whether sufficient funds exist ;r the Contingency Fund to, the
Purchase. Ass✓antes were v-, ded t• mayor ShinpOCn and E,^a^ce
Director mmu•cany.
"N>E NT AGENDA
MOVED By STPEDICKE, SECONDED By REED, CONSEN- AGENDA ITEM 5.c.
BE REMOVED FRO- THE CONSEN- AGENDA FOP SEPARATE CoASm DEIIAT10N.
CARRIED.
Items on the Consent Agenda are adopted by One notion wh c-
follows the I, sting.
City [ode
Legal Department submitted new City Cc de recently rev:sad it a^
Recodif;ca:�
effort to reduce size and conols.:ty o` :' doc anent. Ref e• :=
Warms and Neans Commit tee.
Grady War B•idge
Public Works Department requested execut or of Grady Way B•c9e
Replacement RP
Replacement Railroad Agreement to f.x the relationships of the
Agr eeme^:
cities of Tukwila and Renton with eurl;ngtor Northerr and U- on
Pacific Railroad Corpan;es. Refer to Tra^sDortatlor,Cone, :tee.
State Aud-:
City Clerk submits F;fty-sixth Exami",.;on of Washington State
1982
Aud;tor for the period from I/i/82 through 12/31/82. Informa:-0-
Bouche- Clain
Clamor fe, damages in the amoun• of S13.00 filed by FiOrence _.
CL-27-83
Boothe•, ;6823 Renton•lssaquar Road. Renton, for knee ;
sustained ;n a full allegedly caused by space left in s^dena'.
(8/03/83'. Refer to City Attorne, a^_ s. a^_e ca•r_e•.
Sau's Cla
Claim for daroges in the amount of SZ'" -c n _eonard w.
C L•29-83
Sauls, 33703-207tn Place SE. Awb_•• '_ -. e d allegedly
broker by rock throw^ by city mo— _ :; .. We- tc Cam:
Attorney and insurance conr;t-.
AGENDA ITEM
RENTON CITY COUNCIL MEETING
SUBMITTING
Dept./Div./Bd./Comm. Pubiic Work-
Staff Contact Ri Fha Strom
Name
SUBJECT: Grady Way Bridge Replacement
Railroad aerepnenr
Exhibits: (Lega! Descr., Maps, Etc.)Attach
A. Agreement
e. City Attorney Correspondence
C.
I For use By City Clerk's Office Only
11l A 1.
r Agenda Of
Meeting Date
=jenda Status:
Consent
Public Hearing
Correspondence
Ordinance/Resolution
Old Business
New Business
Study Session
Other
r_vdI
Legal Dept. Yes_ No_ N/A_
COUNCIL ACTION RECOMMENDED: ,Lawrers.a}..i Finance Dept. Yes No N/A
r. Other Clearance
_:wr►neweRt eiter '4.� Trc..iPeri.-
FISCAL IMPACT: Already budgeted in (,rady Way Bridge Vrni
Expenditure Req,;red S Amount S Appropriation- S
Budqeted Transfer Required
SUMMARY (Backgrcund information, prior action and effect of in•ple-entat.on)
fAttac.!� additional pages if necessary.)
The Railroad Agreement is the document that fixes the relationships of the
City of Tukwila and the City of Renton with the two railroads, Burlington
Northern and Union Pacific. The agreement, while generally not favorable for
the City, is the standard used by the railroads on all such bridge replacement
projects. To move the Crady Way Bridge Project ahead, we must sign the agreement.
A supplvmvnt will be prepared later con(erniny, utilities and surface Improvements.
PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED:
SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION-
A 0
;A`? City of ?Tukwila
Public Works Department 433-1850
LESOURD & PATTEN
ATTORNE"S AT LAW
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July 29, 1983
Mr. By Sneva
Public Works Director
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Proposed Railroad Agreement -Grady way Brid�ce
Dear By:
This letter su^vnarizes our discussions about the proposed
railroad agreement for the Grady Way bridge replacement project
following review of Lawrence Warren's letter of July 14, 1983
and the proposed railroad agreement. Before discussing
specific suggestions, I wish to reaffirm that the ability to
change substantive provisions in the agreement depends upon the
negotiating power of the Cities of Tukwila and Renton and the
lead agency (the State).
Much of the agreement can be modified to the benefit of the
Cities and still meet concerns of the railroads. Generally,
the railroads are concerned about two matters: (1) interference
with or injury to their operations or facilities, and (2)
vicarious liability for negligence of the contractor. I
believe that we can meet these concerns and still give the
Cities control over the project.
I also have a concern over an item not addressed in the
propcsed agreement. it is unclear to me whether the railroads
or their predecessors -in -interest ever granted an easement for
the Grady way Bridge. The City should contact the State to
obtain copies of any grants or deeds providing for an easement
Mr. By Sneva
July 29, 1983
Page 3
"3. The Cities shall not worsen the drainage
away from the Railways' tracks so as to adversely
affect the rights -of -way or facilities of the
Railways during construction, and at completion
of construction, the drainage away from the
Railways' tracks shall be comparable to the
drainage that would have existed if construction
had not occurred."
Paragraph II., Part II (page 2).
Item No. 1 includes the term "open wire" which Renton's
City Attorney wishes to have defined. I concur.
Item No. 2 concerns engineering and bill preparation work
to be performed by the Railroads and charged to the Cities. If
any of the work described necessarily belongs to the Railroads,
then there should be a better definition of the scope of work
to be performed by the Railroads. It is my assumption that
this kind of work will be actually performed by an engineering
firm, not the Railroads, and that the engineering firm will be
paid for such work.
Item No. 3 indicates that the "flagging" services will be
performed by the Railroads. I believe that it is a good idea
to have the Railroads perform flagging and protective services
for two reasons: (1) they have expertise in this area and have
easy access to railroad schedules, and (2) performing such
duties would make them liable for damages or injury arising out
of negligence in performing such duties. Although I think this
item should be included, I would suggest a change in the
language to the following:
"The Railways shall provide flagging and
protective services and devices during
construction. Such flagging, protective services
and devices shall be mutually agreed upon by the
Cities and the Railways. The cost of any
flagging, protective services or devices provided
by the Railways which have not been approved by
the the Cities shall be charged to the Railways
without expense to the Cities."
Mr. By Sneva
July 29, 1983
Page 5
Paragraph IV. (page 3).
I concur with the Renton City Attorney in his opinion that
paragraph IV should be deleted in its entirety. This paragraph
also makes a reference to FHPM 6-6-2-1, which I have not had a
chance to review.
Paragraph V. (page 3).
The second and third paragraphs of this section require the
Cities to pay the Railroads' bills promptly. Wherever there is
any statement that the Cities shall promptly pay or reimburse
the Railroads, there should be a qualification added to the
words "bill" or "billing". I would add the +ord "proper". The
last sentence of this section provides that "preliminary
engineering costs incurred subsequent to April 11, 1980, may be
charged against the project". What are these costs? Was there
any previous committment to pay such costs? The financial
impact of this particular provision should be checked before
the City commits to it.
Also, the last paragraph of this section makes references
to Fr.PM 1-4-3, which again I have not had a chance to review.
Paragraph VI. (pages 3-41.
Unlike the Renton City Attorney, I do think that it is
worthw:ile to have a indemnification and hold harmless clause
for injury or damage arising from the sole negligence of the
contractor. Such a clause would meet a reasonable concern of
the Railroads. Further, I would think the Cities would require
a similar clause in their contracts with the contractors such
that the contractors will indemnify and hold harmless the
Cities for any negligence arising out of the contractors' sole
negligence. With this in mind, I recommend the following
change in language to that part of the first paragraph of this
section which states "against all loss, viability and damage
. . . as follows:
'against all loss, liability and damage solely
arising from the negligence of the contractor,
its subcontractors or agents;"
• •
1Lq wq City of Tukwila
o SZ
a l 4
2
1908 Public Works Department
'{r. wick Ho.ghton, ;irector of Public Works Department
City c= Penton
C. pox 626
100 Sc. 2nd Street
Renton, WA 98057
2--- : Railroad Agreerent - Grady clay Bridge
'ear Lick:
-ne City Attorney and •yself have reviewed the proposed agreement
between the two cities and the Union Pacific Railroad Company. We
ind that there are numerous areas in the agreement that need clarification
and tnese are pointed out in the attached letter dated July 29, 1983 from
the Citr Attorney of 'ukwila to myself. The letter should lend support
-c you efforts and those of the State Highway Department in reaching a
utual satisfactory agreement that recognizes the importance of all parties
�s involved equitably.
t.,..th,:r 'UPPort.
1
3
LESOURD & PATTEN
ATTOPNEV$ AT LAN
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Ju'v 29. .983
Mr. By Sneva
Public Works Director
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
RE: Proposed Railroad Agreement -Grady Way Bridge
Dear By:
This letter summarizes cur discussions about the proposed
railroad agreement for the Grady Way bridge replac, ;en t project
following review of Lawrence Warren's letter of July 14, 1983
and the proposed railroad agreement. Before discussing
specific suggestions, I wish to reaffirm that the ability to
change substantive provisions in the agreement depends upon the
negotiating power of the Cities of Tukwila and Renton and the
lead agency (the State).
Much of the agreement can be modified to the benefit of the
Cities and still meet concerns of the railroads. Generally,
the railroads are concerned aoout two matters: (1) int a rierence
with or injury to their operations or facilities, and (2)
vicarious liability for negligence of the contractor. I
believe that we can meet these concerns and still give t h e
Cities control over the project.
I also have a concern over an item not addressed in he
proposed agreement. It is .::clear to me whether the railroads
or their predecessors -in -interest ever granted an easement for
the Grady Way Bridge. The City should contact the State to
obtain copies of any grants or deeds providing for an easement
•
Mr. By Sneva
July 29, 1983
Page 2
for the bridge. Language in any such documents, if they exist,
may help determine what rights the state and cities have by
prior grants.
With these general comments in mind, following is a list of
suggestions to the specific paragraphs of the proposed
agreement:
Para raph I. (page 2).
If the railroad has final approval authority for plans and
specifications, then they should not be allowed to escape
liability for such authority. In other words, the last
sentence should be deleted if the railroads are given the right
of final approval. However, in lieu of the existing language,
I propose the following:
"The Cities shall perform their work in
accordance with plans and specifications. Any
plans and specifications which can adversely
affect any rights -of -way or facilities of the
Railways shall be provided to the assistant vice
President Engineering of the Railways for review
by the Railways. Prior to commencing any work
which the Railways believe will adversely affect
their rights -of -way or facilities, the Cities and
the Railways shall together modify any such plans
and specifications to avoid such adverse affect.
The Railways have five days to notify the Cities
of any objection to plates and specifications
submitted to the Railways. If no objections are
made within five days, then the Cities may
perform their work in accordance with such plans
arl specifications."
Paragraph II., Part I (page 2).
With respect to the drainage requirement of item 3, I
suggest that the language be modified to requre the Cities to
provide no better drainage than if the construction work had
not been performed. In other words, the Cities will not worsen
the drainage so as to adversely affect rights -of -way or
facilities of the Railroads. I suggest the following language:
Mr. By Sneva
July 29, 1983
Page 3
"3. The Cities shall not worsen the drainage
away from the Railways' tracks so as to adversely
affect the rights -of -way or facilities of the
Railways during construction, and at completion
of construction, the drainage away from the
Railways' tracks shall be comparable to the
drainage that would have existed if construction
had not occurred."
Paragraph II., Part II (page 2).
Item No. 1 includes the term "open wire" which Renton's
City Attorney wishes to have defined. I concur.
Item No. 2 concerns engineering and bill preparation work
to be performed by the Railroads and charged to the Cities. If
any of the work described necessarily belongs to the Railroads,
then there should be a better definition of the scope of work
to be performed by the Railroads. It is my assumption that
this kind of work will be actually performed by an engineering
firm, not the Railroads, and that the engineering firm will be
paid for such work.
Item No. 3 indicates that the "flagging" services will be
performed by the Railroads. I believe that it is a good idea
to have the Railroads perform flagging and protective services
for two reasons: (1) they have expertise in this area and have.
easy access to railroad schedules, and (2) performing such
duties would make them liable for damages or injury arising out
of negligence in performing such duties. Although I think this
item should be included, I would suggest a change in the
language to the following:
"The Railways shall provide flagging and
protective services and devices during
construction. Such flagging, protective services
and devices shall be mutually agreed upon by the
Cities and the Railways. The cost of any
flagging, protective services or devices provided
by the Railways which have not been approved by
the the Cities shall be charged to the Railways
without expense to the Cities."
Mr. By Sneva
July 29, 1983
Page 4
Paragraph III. (pages 2-3).
Much of paragraph III deals with the flagging and
protective services to be provided by the railroads. Rather
than the language currently in paragraph III, I suggest the
following:
"The Cities cr their contractor.,cshall _se
reasonable care to avoid injury or accident
during construction. Such duty of reasonable
care includes reasonable notice to the Railways
of anticipated work in order for the Railways to
provide flagging, protective services and
devices. work performed by the Cities shall be
scheduled to avoid unreasonable interference with
the movement of trains or traffic upon the tracks
of the Railways.
"The Railways intend to provide flagmen,
protective services and devices as set forth in
Exhibit "B", which is by this reference made a
part hereof. As previously stated in paragraph
II, Part II, Item 3, any flagmen, protective
services or devices furnished by the Railways
which are not approved by the Cities will not be
charged to the Cities. Moreover, Railways will
indemnify and hold harmless the Cities for any
injury or damage arising from their negligence in
providing or, failing to provide flagmen,
protective services or devices even though not
set forth in Exhibit "B".
"The parties hereto agree that the City of Renton
is the lead agency for the Cities and, therefore,
the Railways will submit all bills for flagging,
protective services and devices to the City of
Renton for payment. Cities shall timely pay any
proper bills."
Currently, paragraph III has a requirement that "all costs
shall be paid by the Cities in accordance with the provisions
of "FHPM 1-4-3". Since I do not know what "FHPM 1-4-3"
requires, I cannot determine whether or not this language is
acceptable.
Mr. By Sneva
July 29, 1983
Page 5
Paragraph 1V. (page 3).
I concur with the Renton City Attorney in his opinion that
paragraph IV should be deleted in its ent4.rety. This paragraph
also makes a reference to FHPM 6-6-2-1, which I have not had a
chance to review.
Paragraph V. (page 3).
The second and third paragraphs of this section require the
Cities to pay the Railroads' bills promptly. Wherever there is
any statement that the Cities shall promptly pay or reimburse
the Railroads, there should be a qualification added to the
words ''bill" or "billing". I would add the word "proper". The
last sentence of this section provides that "preliminary
engineering costs incurred subsequent to April 11, 1980, may be
charged against the project". What are these costs? Was there
any previous ^_ommittment to pay such costs? The financial
impact of this particular provision should be checked before
the City commits to it.
Also, the last paragraph of this section makes references
to FHPM 1-4-3, which again I have not had a chance to review.
Para ra h VI, __(Qages_3-4).
Unlike the Renton City Attorney, I do think that it is
worthwhile to have a indemnification and hold harmless clause
for injury or damage arising from the sole negligence of the
contractor. Such a clause would meet a reasonable concern of
the Railroads. Further, I would think the Cities would require
a similar clause in their contracts with the contractors such
that the contractors will indemnify and hold harmless the
Cities for any negligence arising out of the contractors' sole
regl:ze.^.ce. With this in mind, I recommend the fol_owing
change in language to that part of the first paragraph of this
section which states "against all loss, liability and damage
. . . as follows:
"against all loss, liability and damage solely
arising from the negligence of the contractor,
its subcontractors or agents;"
• . i
Mr. By Sneva
.;uly 29, 1983
Paze 5
As a quid pro quo for such an indemnification clause, I
believe that the Cities should require the Railroads in their
turn to indemnify and hold harmless the City from damages or
injury arising out of the sole negligence of the Railroads or
arising out of their assumption of flagging and protective
services. I have already suggested one indemnification clause
in paragraph III. I suggest the following new paragraph to be
added .o the agreement:
The Railways shall nde-.ify and hcld :armless
the Cities for any injury or damages arising from
(1) the sole negligence of the Railways, or (2)
the acts or omissions of the Railways in
providing flagg_ng, protective servi,:es and
devices. -
I emphasize again that if the Railroads want to assume
-otal authority over flagging, protective services ar.d the
like, then they should indemnify the Cities for any negligence
:n their part.
Paragraph_VII. (page 4).
In order to properly analyze *--his provision, we need to
find out whether the Railroads or their predecessors had
previously granted any easements for the highway bridge. Also,
apparently railro,:d operations can cause da-::-• the bridge,
and the Renton City Attorney refers to an c:.. dispute with
the railroads over maintenance requirement:,. suggested
option, the foil.... q •anguaga -nig. _ be
'The Cities shall have primary responsibility to
maintain said overhead highway bridge. However,
the Railways have responsibility to repair or
maintain the overhead highway bridge for any
damage or deterioration caused by operations cf
she Railways (including, but not iimitc to,
chemical wear and tear, physical collision).
Any repair or maintenance performed by the
Cities which are the obligations of the Railways
shall be paid by the Railways. The Fai:ways m.y
make charges in or additions to their existing
facilities within the limits of the overhead
bridge; provided, however, that the usefulness
thereof, and the purpose of said overhead bridge
shall not thereby be impaired."
• 0
Mr. By Sneva
July 29, 1983
Pace 7
:he above suggested change may be further modified if the
Renton City Attcrnev is correct "that the law requ-rt-s them
(the Railroads) to keep the underpinnings of the bt_:ge in good
shape".
Paragraph VI I I _,_ (Page_ 4) .
I suggest the following modification:
No party shall do nor permit anything to be done
to reduce the horizontal or vertical clearances
provided by the approved plans without the
consent of the other parties. The Railways may
make such ballast raises as, in their opinion,
may be justified, so long as there is prior
written approval by the Cities."
2aragr_aph IX. _(page 4).
I concur with the Renton City Attorney s advise to delete
this paragraph. If no prior easement have been granted by the
railroads or their predecessors, then a new paragraph IX shall
be included which requires the Railways to grant appropriate
easements for the overhead highway bridge, its construction,
its maintenance, its use, and its replacement. In no event
should the last sentence ("if the Railways so desire, the
Cities shall remove said overhead bridge at their cwn cost and
expense") be included in the final agreeaent without
qualification. There does not appear to be any limitation for
this requirement, nor is it certain that the bridge should be
removed without cause.
Paragraph X. (paae 4).
1 have no opinion about the $50,000 figure. Since I do not
know whether there has been any previous grant of easement, it
is uncertain what bargaining power the railroads have to
prevent construction of this bridge. I also wonder where the
figure and split came from; was this figure and the
one-third/two-thirds split the result of previous negotiations?
• . A
Mr. By Sneva
July 29, 1983
Page 8
Paragraph XI. (page 4).
:::is paragraph shall be modified to give tle Cities the
right to approve or disapprove of any third-pa_ry contract
proposed to be entered into by the Railroads for performance of
work required by the Railroads ender the proposed agreement.
Paragraph XII. (page 4).
I would like to see the agreement dated June 10, 1936, to
determine what duties and obligations were assumed by the
Railroads and their predecessors. What exactly are we
superseding? It may be that the Cities have additional
bargaining power from specific provisions in the earlier
agreement.
If you have any questions about any of these proposals or
co=ents, please do not hesitate to call.
Very truly yours,
LeSOURD 5 PATTEN
Daniel D. Woc
^e,uty City .._!7ornc
. /jsc
.;789
cc: Mayor Gary VanDusen
Charles Dibble
Council Chairperson Mabel Harris
Ik 'To Provide Faster Service
at Lower CO � f - -1
REVH'W COMMI'NTS
GRADY WAY BRIDGE REPLACEMENT
DOT, CITIES OF TIIKWILA AND RENTON
AND THE UP AND B&N RArLROAD COMPANIES
1. Which is the lead railroad in this agreement? Section 1, pare 2, requires
approval by the Vise President. The Vice President of which railroad?
2. Section V, page 3, includes a progress payment pro%ision of 100 percent of
estimated cost. The Department's stand has been actual or 60 percent of
estimated. What is State Aids desire?
5. Section X states that the railways will contribute $50,000.00 toward the cost
of this project but does not include a payment clause explaining how and
when this payment would be made.
4. Need copy of agreement dated June 10, 1936 to see if the $50,000.00
payment is reasonable and to see if we should concur in cancelling this
agreement.
5. Section IV, page 3, states that "... the railways will receive no ascertainable
net benefits from said project and, therefore, are not required to contribute
to the cost of said project. Section X states railways wi!I contribute
$50,000.00 to the project."
These two provisions seem to be in con`.hct. As we know from past
experience, the railroads do not contribute to anything unless they are
required to.
7/PD(!`OR)-1
I STA"
f,ssl
Are?
Area En-
A ►ee Vr
Admm F
woad Pm-- .
AUC a a
` COPY 0
y L 1, l ,
MIJ AGSICZlYl:7
...1 Latveen the STAT.: r.
1.1 ray Delvtment here:...
- `_1JO, a municipal ocr- -
h0relnafte: called the •C
Lin:a. J. OUlLVI1,-J and aLvYt,;L 1.
.. ::/ f
q the Oblca o ullwaukee 7t.
v:tlon
J1A ORMON-'AA R}NOTON RAILA,-AC f 71 :.T:.;T
of the State of Cregon, Ara Its lessee,
CoHpn1.7, a oor;aratllon of the State `
Utnh, :a :...,T!;.JIG
PAcula fLi1L'ep; JJMFANf, a C-p.rr_tt:n
cf tLe 811te of "soor-
eir., sold :ruytees ard. Bald :net vaned
th-ce .orpordtl:.s be-
1:.g heralnaiter referred to ad t... 'Rallrcdds•;
tLe at:.._ la
P.Iblic a,.rke ndministratiol.
t:
construct a bridge for carryln- c� tv
R-, " .h.
No. °�), L'nrwn se the Black Slier Ou+o..
.. ._ F16i.tcr. road,
ever the :racks :,f the Rall:`a+e in Covtrnmer.t
Lot 6, Section
ZL, Townuhip 23 Borth, Ran,;o 4 d.1+.,
at the 1:.eltl;r. shown
rcd ::nos on the map date: 'toe
?.,vt. C'.tef ;�:near,
'e..ttlF t, 1-1 Tebruar 1%, . �
lzi.it,:t o■ dttaobed
Lereto aid ride a put ere'f,'.. :+•:•!
exlm.L trade
:o.1e1� , ar¢i uFderpase..r >,
a;.:•,. ,,".erelr.
;.rovlded tor;
Now, VERIFORE, ;ncor•'.r.
dnd agreement• bereln sntsr,:.^- :+,t: ..
t:.
hvrete mutually agree as
rat-t lU'• for th'
vehicular travel, and sal: a ,•. w:::
f:r r:tt- •crkj
Program Grade Oross'r.�: furA:, a :: ; i ie.
b r•yc::; Jrer n. r1.i,
1:, aoocrdarmo with reuala:i-r_ >v-r...
+.'--...:.ze r ei-
t.,rda ant to tLe extent ears
with brie Program General
by TLomae H. McDonald, Chief cf -J-e 1.
11.L•f•. r.s2 ..1te3
States Department of Atrlc...'-.
_tl: .. ote ail ..
t• vox -..
-
:.1a,
-.1 tLe at;'r.acneo the.at
n th•r
... `al_
-a e �f syld bridge w111
Ireoec
;.1'.c .. :1-
or struo-
t.Lre. The entire dock
}..
will be of concrete. oa_'',,:
e
.chic rl``
•-�
the location shown on the
:-...y beret
.. :lrkel
t.:L1e
■B■ and the oorstruat' -n
:t
n-11
Le do:.a unier the di: it:
n�
.erefor propsrel b; � to '!.
n•
_. ,
a:. -.p-roved by the il1-:�'
n.._
_
•be
?sate, ..•. cc,::.ty Ln-1
1.
Sw tuo Rai r 13
the itate -to efflolals, aCents m:
tl-* Value of t..�I-
7- 1 %,.
r or: Igo and
wa, tr.0 t&*.?, f,
whats,eve: to a6cj p—:t7 w,;&t-ictr!r 1,;-3, t
ani obIleall-t.,
It is Wood that after 0001Pietlon and acceptance by !
the State the bridge and Its s;-proaohsa shall be the property
of the County, and that the cost of malntalnlrtr the :ems shall
be an obllgstion of the Oaunty.
VII.
This agreamemt is ezeouted Oy and o!all Le Eroding
upon ROMP A. Boaadrett, Walter J. Ou=,.Ings and George I. Haight,
not as Irdlvl:uals, but solely as Trustees of the pr,r. rty of
the Chicago, Ylllauiee, 8t. yau.1 and Pacific Railroad ;om;ar�y, i
under authority of the Court in certain proceedsnn��a under i
amended fleotion 77 of the Bankruptoy nut in the Dletriot a•-,rt
of the United States for the Per trier:: DSetri,;t o"linoie,
Eastern Divis' n, entitled eln the natter of 011io"o, Illleaukep '
0" w ers and representatives thereinto duly authorized
and year her ainat.cvs written.
■=TNY89L'B: BTATi OT WASHINGTON
" - By: L. V. e,.nrew,
D1rro•ur ! 111j'hways
ODUATY I.Y K1.1
Wl 111111kin Dyl Imuls Naeh,
Clerk of Board Its Acting Chairman
CLas. J. Tam
Leputy (KCAL)
HURT A. JOAKDRCTT NALTd' J. OU10(INGS
and OWROY I. HAIAT, Truateea of tho
property of ';tUC-GO UILVAUKCC, dT.
h. 41tt PAUL AND PACIFIC HAUROAD COYPpHT
R, a ,.-eyes BY By• J. T. Gilllok,
.to Chief O;erstlLg ulfl0er
GRFGON-.,;¢F:iINGT !: H.:ILHG.0 A NAVIGA-
TION COLPwRY -
E Z. h'es UNION PACIFIC RA:LHCAD Jur[ANY
By: Mm. Jeffers,
Ita 8:eoutl4e Vice Pr:sident
HOhTHaN PACIFIC RAILAA'(
L L Ledding By: H, L. dtavens
b. L VanV:Jrhie Itd Vice Pros;rent.
CONSTRUCTION AND MAINTENANCE AGREEMENT
REMOVE AND RECONSTRUCT GRADY WAY OVERHEAD
BRIDGE AT BLACK RIVER, WASHiNGTON
A,.,., tY.;ST made this day of , 19 by
.,J between the STATE OF WASH-10IN, hereinafter called the 'State; The CiTiES
F PENTON AND TUKWILA. both municipal corporations of the State of Washington,
hereinafter called the 'Cities'; OREGON-WASHINGTON RAILROAD AND NAVIGATION
at+ol. of the SLatn of Or rgon, and it•. Ic s•.r.•, tINIt1N I'AI.II:I,
a corporation of the State of Utah; and the BURLINGTON
-,AD COMPANY, a Delaware corporation, hereinafter collectively
WITNESSETH:
WHEREAS, the existing Grady Way overhead bridge was constructed under
aq—t4nent designated as Railway Docket No. NP 166H1 dated June 10, 1936.
..elween the State, King County, a political subdivision of the State of
Wa ;h,ngtnn, hereinafter called the "County"; Henry A. Seandrett, Walter J,
_ummIhgs and George I. Haight, Trustees of the property of the Chicaqo,
w,lwauk e.•, St, Paul b Pacific Railroad Company, here rafter eal:wl 'Milwaukee•';
r egor-Washirgton Railroad b Navigation Company, a corporation of the State 0'
,egon, and its lessee, Union Pacific Railr-ad Company, a corporation of the
�tdte Of !Itdh and Northern Pacific Railway Company, a corporation Of the Stale
,t WisCgns+n, hereinafter called "Pacific"; and
WHEREAS, the Cities are successors to the County; and
WHEREAS, the Oregon -Washington Railroad & Navigation Company and its
;essee, Union Pacific Railroad Company are also successors to the Milwaukee;
and
WHEREAS, the Burlington Northern Railroad Company is successor in
,acres: by merger to the Pacific; and
WIiEw LA„ the State and the Cities are proposing to remove and
he reconstruct texisting Grady Way Overhead highway bridge which crosses the
gnilwa vs' rights -of -way and tracks in Government Lot fl in the N1/? of the SW:i4
f Section 24, Township 23 North, Range 4 East, W.M, at Black River, Washington,
Shown on map marked Exhibit "A' attached hereto and made a part hr• ; and
WnEWEAS, the Railways may be required to perform certain work on their
1:11 it ies; and
WHEREAS, the parties hereto desire the project for the Con StruCtior
• the said overhead Driege to be performed in accordance with plans and
.,ecifications to be Prepared by the Cities; and
WItFRW. ton State and Cities are willing to „ndertdk. tl,e •�,•�.,
t saki Pro?ecl with Cities' funds and such federal rundS as may be ava,�d'le
far in,% P,fp w pursuant to the Federal Highway Art, ippl ir•il,l,. th—, • ar. : .•
a+iwav, .v oil lirW to Consent to the execution of sa:: project apo, :ne
and Conditions herein stated and not otherwise; and
w�E%EAS, the parties hereto desire to contract with rvfernrr,• t.,
•+ :e wine by each of those in connection therew,lh, , , �, _
o Iways' 01c ll itieS and the payment of costs and expense therein i•
>(.., TriLPEFORE, in Consideration of the mutua: covroants rr v
•s ,rutually agreed as fD!low;:
I
The Cities Shall perform their work in accord mite with the detailed
plant and Specifications which Shall be prepdr e0 by the Cities Jnd Submitted
to the Assistant Vice President Engineering of the Railways for appr oval and
approved by them when Such plans and specifications are applicable or affect any
,,ants -of -way or facilities of the Railways, and no work, pursuant to said plans
anti specifications $hatI be performed on the rights -of -way of the Railways prior
to receipt of notices to proceed given by the said Assistant Vice President
Engineering to the Cities' Engineer or their respective authorized represtnt-
a!,ves. Nnthing provided in this agreement with respect to said plans and
Specifications shall be construed Or deemed t0 be a ratification Or an adopt ,ne
by the Railways Of either or both Said plans as their own.
II
f0ilprt: The Cates and the Railways will perform various items of work at
VEM
WORK TO BE PERFORMED BY CITIES
OR THEIR CCNTRACTOR-XT71�1,S.
1. Except as otherwise herein provided, furnish all pld^s,
engineering, supervision, labor, material, supplie'• and
equipment necessary for construction of the project,
;V„uve the existing and reconstruct the Grady Way overhead
hr idite.
3• Provide all drainage away from the Rai hays• tracks to the
satisfaction of the Railways.
a. Perform all Other work not sPeCificallymentioned a, .art
to be performed by the Railways, necessary to Complete the
Project to accordance with the plans and specificationt.
sORK TO BE PERFORMED BY THE RAILWAYS
I. Signal antl Communication Work
ace sig na an communication facili;,es in ter por ary
location and restore to open wire upon completion of said
overhead bridge.
'• Engineering and Bill Preparation
or er m pre iminary and con SLruction engir.eericp inr i�,q,.
field and office work, field inspection, and bil: prepdr_
ation.
J. F'aggin
Pe�flagging and furnish Protective services ann
devices during Construction as deemed necessary py in,
Railways.
III
Al: wOrk herein provided for, to be done by the C,!,es +-
:ontractOrs on the Railways' rights-of.way, shall be perfurrr,.,!
or ;heir contractors in a manner satisfactory to the Railwa_
orrf,—eC it Such timp and in such manner as eut t,. •.. (•r
"lent of ;rains or traffic upon the tr o-._r ,..
" their contractors shall use all care an,!
accident, damage. Or interference to the Railways' tra:r
tr o'rs or traffic using their tracks and notify the Ro•. +.e v.
wnx,never they are about to perform work adiarent
enable the Railways to furnish flagging and such other protective services and
devices es might be necessary to ensure safety of the Railways' operations,
and the Railways shall have the right to furnish all such flagging or protective
services and devices as In their judgment is necessary, and the Cities shall
reimburse the Railways for the cost thereof. Wherever safeguarding of trains
or traffic of the Railways is mentioned in this agreement, it is intended to
.,ver and :nr.We all users of the Railways' track-. having penni;•.ua fur •.uch
use.
'he Parties hereto agree that the City of Renton is the lead agency
for the Cities and, lherefori', the Railways wilt submit all bills for flagging
and for construction to the City 0f Renton for payment.
The Railways will submit bills for flagging and Other protective
services and devices currently during progress of the work contemplated by this
agreement. The Railways will submit complete billing for flagginn and other
yotect ive services and devices at the earliest practical date and the Cities
Shall pav such hills Promptly. All costs shall he paid by the F.itiws in
•v Adnu• will' lh,• it uvi;iu n; of Ilil'M 1-4-3. Att-hed hereto, marked lxhib,t
'R• and by this reference made a part hereof, is a statement of conditions when
f taxmen, protective services and devices will be furnished by the Railways.
In accordance with FHPM 6-6-2-1, and by this reference made a part of
'his agreement, the Railways will receive no ascertainable net benefits frnr
aid Project dod, therefore, are not required to contribute to the cost of
Project.
:t is understood that Exhibit •C• attached hereto is a current etc
the cost of the work to be performed by the Railways at Cities' expens.`
for information purposes only, and it is further understood that, except
progress Dills, billings made by the Railways under the authority of this
dgr,•rynenl will be on the basis of the actual cost of the work performed.
Progr,.s bills may be submitted by the Railways to the Citi,•; Our
the progress of the work included in this agreement On the basis Of the
Railways' Engineer's estimate of completion of the various cost reimbursao
items shown on Exhibit •C', and the Cities shall pay such bills promptly.
The Railways agree not to commence construction work for said prc_
until receipt from the Cities Of written notice to proceed with the work an,.
that reimhursiment will be limited to construction costs incurred subsequent r
the date of said notification.
:t is further agreed that a final and complete billing of all incorrect
actual costs of the work performed by the Railways, including labor, additives,
materials, preliminary and construction engineering, preparation of bills, an -
the cost of transportation of said materials, ascertained in accordance with the
provisions of the FHPM 1-4.3. shall be made at the earliest Practical date.
Said FHPM 1-4-3 by this reference is made a part of this agreement. 'he C••
shall, upon presentation of final billing, promptly reimburse the-naitway,
the cost of the work included in this agreement. Preliminary engineering
nr,rred subsequent to April 11, 1980, may be Charged against the prole(!,
VI
All contracts between the Cities and their contractor, for P+'n•"' 'n•'
,' .trix tion herein provided for or maintenance wori un the hulhway
easement area described herein shall require the contractor to prom
ndrmless the Railways and any other railroad company occupy
sways' rights-of.way or line of railroad against a:1 1.,,
ca-doe arisinq from activities of the contractor, i-
,,,,n , a-i Drs or agents; and Shall further prove'
1. Furnish to the Railways a Railroad
v ided by FMPM 6-6-2-2. The Combined single li,
. Mill ion Dollars M.000,000) for a'
'. PG'
injuries to or death of any person ur persons and for all ddmages arisinq out of
the loss or destruction of or injury or damage t0 property in any one occurrence
dur ing the p<�1 icy period, and subject to that 1 imit a total (or aggregate) 1 imil
of not less than Six Millicn Dollars (S6,000,000) for ail damage during the pol-
icy period. Said insurance policy, executed by a corporation qualified to write
th.• Sarre in this state in which the work is to be performed, shall be in the form
and substance satisfactory to the Railways and shall be delivered to and
approved by the Railways prior to the entry upon or use of their properly by the
contractor,
VI:
Upon completion of the project, the Cities shall maintain said overhead
highway bridge. The Cities agree that they will do nothing and permit nothing
to he done in the maintenance of said overhead hridqe which will interfern wit,"
or endangrr facilities of the Railways. The Railways may make changes in or
additions to their existing facilities within the limits of the ;aid Overhead
bridge; provided, however, that the usefulness thereof, and the purpose of sale
Overhead !fridge Shall not thereby be impaired.
vlll
No party shall do nor permit anything to be done to reduce the hori-
zontal or vertical clearances provided by the approved plans; provided, however,
that the Railways reserve the right to make such hallast raises as, in their
uolnion, may be justified.
:X
:n the event that the said overhead highway bridge shall at any time
cease to be used by the public as a highway, or shall, by operation of law, or
otherwise, become vacated Or abandoned, the rights and benefits Of the Cities
under this agreement shall immediately cease, and the Railways shall be entitled
to use said land as if this agreement had never been executed, without the
necessity of any further legal proceedings. If the Railways So desire, tho
Cities shall remove said overhead bridge at their own cost and expense.
X
The Railways collectively will contribute Fifty Thousand Dollars
(S50,00D) toward the cost of said project as payment in consideration of being
relieved of any further obligation to maintain the existing or proposed
structure. The Burlington Northern Railroad Company shall be responsible for
^irty Three Thousand Three Hundred and Tnirty Three Do%larS (S33,333; and tr..
Oregon -Washington Railroad b Navigation Company shall be responsible for Sixteen
Thousand Six Hundred and Sixty Seven Dollars (S16,661) of said contribution.
XI
If the Railways enter into a contract or agreement with a contractor
perfor•r any of the work, which the Railways are required to perform under the
terms of !his agreement by reason of the construction of the Cities' proiert,
the kdilwdys, for themselves, their assigns and successors in interest, agree
that they will not discriminate in their choice of contractors and will in:li;r,
all the nondiscrimination provisions set forth in Exhibit "D," attdChed herrtc.
and made a part hereof, in any such contract or agreement.
XII
Thi` Agretnnent cancels and supersedes that certain dgrees:ent
June 10, 936.
X:..
his Agreement shell inure to the benefit of and be ;,inding un the
Parties Hereto, their successors and assigns.
1
0
s WITNESS WHEREOF, the parties nave causes this Agreement to he
.r 'no day and year first hereinabove v itten.
STATE OF 4ASHj%GTON
'P�DYE' AS 70 FORM DEPARTMENT OF TRANSPORTAT:ON
By
a. atorney Genera .it e
BURLINGTON NORTHERN RAILROAD COMPANY
By
("tie)
OREGON-WASHINGTON RAILROAD A
NAVIGATION COMPANY
UNION PACIFIC RAI:ROAO COMPANY
By
(Title)
CITY OF RENTON
By
(Title)
C:T• OF ^.:v.:,A
EXHIBIT 'B'
`.TATEMENT OF CONDITIONS WHEN FLAGMEN, PROTECTIVE SERVICES
AND DEVICES WILL BE FURNISHED BY THE RAILWAY
-al'.way flagmen, protective Services, and devices will be furnished but not
-Ited thereto for the following Condit tons:
when In the opinion of the Railway protection is necessary to safeguard the
gdwiwdy'S trains, engines, faCillt+PS, and Prooerty,
when any work is performed over, u le ar in close proximity to tracks or
a'f ka+lway facilities.
weer, work in any way interferes with the operation of train% at usual
Speeds or threatens, damages or endangers track or Railway facilities.
oei• any hazard is Presented t0 Railway Ca-imunicattgns, s+ghd', ..'e,
.' uther facilities either due to person, material, equipment, or blasting
the v,c,n,•y,
w'nere or when n.Iter+al is being hauled across tracks. %per wal ,I, :rand.
+v t be obtained from the Railway before moving heavy or cumbersome objects
equipment which might result in making the track impassable.
COLT OF F;AriGING AND OTHER PROTECTIVE $ERVICES AND DFVICE'
%:MBEk CLASSIFICATION BASE PAY HEAnOJAkTER$
Sectionmen $10.50 per hour Kent, 6A
per 8 hour day
Plus additives.
,. .11 tugging crew generally consists of tore,. ^•, ,r,t,r ,
unnwtions more than three men may be required or alesser number may Br
it f we lent. However, additional personnel, such as communications Iinemer.
a n.^,1pr s•gnalmen may be used to protect Communications and s+gra� fact'-
' , ,' aeemen necessary by the Railway,
^•' Classification IS Shown solely for the prospective bidder's inform.a-
there 'S no guarantee that the above ''assps of
• stied Y tnat the rates of pay Shot, n 'Olueri ;(� w�. I., t ,",
++ of reel et the lime the work is undertaken.
�ws ?ase pay rate per man per hour for normal eight -hour Shift 'r effe
: s'lmate.1 Costs for travel per employee from headquarters to jot) '. tte an^,
- 's S.9.00 Der round trip. The estimated doily cost for m. a,„
rr accommodatiers is S Der employee.
:Or, protective devices, such as crossin, signals, indica;urs,
lights, telephone, etc., may be requ•red. In th;. - ,
'.lit axes may be installed by the Railway, at ,.S option, at,a ccnd+t pr.
s approval of any Proposed restrictions of vertical r:e, a c,• I
to less than 22-112 feet,
shed be the duty and responsibility of the `ities
act , s to not,fy the Pat l way'% Div Is to,.
+. hours ,n advance of when flagmen ;r - Dot-,,_
., r
- _, -" are re" ,reo.
'door cysts there shall be addlt,Ona'' chdrues fur 7aCe!,
Health and welfare, Railroad Retirement and rnemj1.1menr
t r Fr „ pn t y ii,n,.nx• amp Wurmmen' ; :
.. ,, 01 r.-., For est•rta:ing purposes-
., dppr,:.rimating i.
BURLiNGTON NORTHERN RAILROAD COMPANY
PACIFIC DIVISION
3rd SUBDIVISION
BLACK RIVER
'ATE OF WASHINGTON
VALUATION SFCTiON N-A
EXHIBIT "C"
Estimated Cost t0 rtYnove and reconstruct Grady
Way overhead bridqe as per
Exhibit "A".
ESTIMATED COST
LABOP
NON -LABOR
_1gnal and Communication Work
Place signal 6 communication lines in
temporary cable
S 3.260
3,83n
—ture to open wire
2,630
600
"iterial Handlinq
---
315
moment Rental
...
970
-e fight
...
45
-"Denies
600
Subtotals Without Labor Surcharges
S 5.890
S 6.360
En.7lneerinq and PreDardti0n of Bill;
Preliminary and construction engineering
end office Work
S "SAn
$ -
Field Inspection
2,n00
Praparalion of Bills
590
Subtotals 'Without Labor Surcharqes
S 4,170
', ao"Ir.
Not Estimated per Exhibit "B"
.Wpv
rignal and CommuniCation Work
S S
Engineering and Bill Preoaratior
a,l 71)
- 'agq'n; per Exhibit "B"
---
.+ability Insurance
.,(.
S10,060
S 7,4;
..Dow Surcharqes
Vdcdtlor Pay, Paid Holidays, Railroad
t.,t irement, Unemployment Insurance,
.•� aW Welfare Benefits
S'5 241
nt indenc fie%
ate of Washington Tax - S.IY
-
, aqr
- ton
IxH;s-•o•
Appendix A
NnnnisCriminatton Provisions of Title VI of the Civil Rights Act of 1964•
itself- its
purino the performance of this CC Lr d(heCt. the contractor. erredp to as the
aSsianPes and SuCCe550rs to 1n LCrCst (h¢rC to after
•Contractor'), aareeS as follors:
with Reaulat ions: The Contractor will Comply with the
(11 {Crn, it tang the epar tmenl of Transporlal ton relative to non4i5-
iteap dt ions 0 y- p rAnS Of the Department of
irimtnation in federal assisted Pr aRe9ulalions, Part 21,
Tr do SDor cation (Title 69, Code of Federalwhich are herein
made d part Of this COnifaCt-
nrrein of to referred to as the 'Requl at ions' ,
tnCOPorated by reference and
with regard to the work performed
for to completion
of the Contract work, will
i21 bNondiscrimination:id 'or Contractor. nat ona1 origin in
by u a ter arar and Or t race, color or procurements
not discriminate 00 the around 0 incluc inq
Tne Contractor will not parttci-
tne selection and retention of supcOntrac o• .
of materials and leases Of Prectly i l Cnt on aPr es when
pate e,tt•er directly ar indirectly in thQ discftmtnat on prohibited Y
Section 11.5 of the Requlutions. Including rmD OY'. .A.. •a- and "C"
D
rraran Set forth in Appendix
the Contract Covers d
3) Solic it at tons for Subc on. -acts, lncludtnq Procurements of Ma ten ats a^�
n a so uuai+ons it er Y CanPQ 1 ive 11 ng o
E du foment:rformed under a
thQ Contractor for rprk CO DC DP edCn
nea Oi tat ton made DY procurements Of matey idly Or eaut pmnet�pntr ac tar
subcontract, incl ud trio D tier shall De notified by
potential supcontr actor Or sons n this contract and the ReOui•ations
,•,f the Contractor's OD1 +C at tons under
relative to nondiscnm v,at,on on the grounn of rac.�, rotor 0r nations
or Igin.
(4) Information and Reports:tneThe
Conttactorortordersll vand instructionside all "I forma"
Ind reports require Y and will permit access to itsOns books,
Issued parsudnt thereto, ilities as mdY De
accounts. OthQf Sources Of information. and Its fM
dPterm lied by the State HiahraY De Dartment Or the Federal Nighwdy
Administration t0 be pertinent t0 d'Certd'n Cpmpl idOGe with SUCK
ReO Ul dt ions, orders. arA in sty uC dons. ♦1h PrP any information reWs ¢''.
Re a Contractor is in the nstrexclthe possession of another wno
falls
refuses C0 furnish [h t5 infOrmat lOn, L11C fancy K wa SAdmtniStrdtlonll So f astJ
the State Highway Department 0, the Federal Hit as
aDDr Opt tale and Sh ail set forth tAat efforts it has made LO Obta to Lr''
information.
;5) Sanctions for Noncompliance: in the CYent Of the COnfr this r Contract, `
lidnte rich the nondtsCriminatl0r provisions o
noncomD at...•
the State Highway DeparAginistration nay determiner tott.¢adppr0princtlonS as
or the Federal High way
inClud inC, but not limited t0;
al withholdinC 0f payments to the Contractor under
the Contractor Complies. and/cr
of nr t, to
(b) Cancellation, term in at ,on, or sic r:s'a° •. �.
or in Dart.
Uil lncorporat on of Provisions: The Contractor will include the provi-
sions o aragraph t rough (6) in every subcontract, including
Procurements of materials and leases of egulpaent, unless exempt by tnE Regulations, order or instructions issued pursuant thereto. The
Contractor will take Such action with respect t0 any Subcontract Or
procurement as the State Highway Department Or the Federal Highway
A0miniStration may direct as a means Of enforcing Such firovisions in-
cluding sanctions fur noncompliance: Provided, however, that, in the
event a Contractor becomes involved in or is threatened with litiga-
tion with a subcontractor or suppl ie 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 OISCRIMINATION ON THE BASIS OF SEX.
SEC. 162. (a) Chepter 3 of Title 23. United States Code is amended ::v
adding at the end thereof the following new section:
"S 324, Prohibition of discrimination on the basis of sex.
ho person shall on the ground of Sex be excluded from partitipd•
be denied the benefits of, or be subjected to discrimination undr- -
prograe or activity receiving Federal assistance under this title .+ carried on under this title. This provision will be enforced tf.,
agency provisions and rules similar to those already establishes.
respect to racial and Other discrimination, under Title vI of it.
Rights Act of 1964. However, this remedy is not exclusive and w,
not prejudice or cut off any other legal remedies available to a
niscriminatee.'
• 0 CAC 069-83
CONSTRUCTION AND MAINTENARCE AGREEMENT
REMOVE AND RECONSTRUCT GRADY WAY OVERHEAD
BRIDGE AT BLACK RIVER, WASHINGTON
AGREEMENT made this day of , 19 by and between
the STATE OF WASHINGTON, e-reinafter ca eTTe_J_tT_e 'state ; the—MIES OF RENTON
AND TUKWILA, both municipal corporations of the State of Washington, hereinafter
called the "Cities"; OREGON-WASHINGTON RAILROAD b NAVIGATION COMPANY, a corpora-
tion of the State of Oregon, and ics lessee, UNION PACIFIC RAILROAD COMP, Y, a
corporation of the State of Utah (hereinafter jointly called "UPRR'); and the
BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation (hereinafter called
"BNRR"), (both UPRR and BNRR hereinafter collectively called the 'Railways");
WITNESSETM:
WHEREAS, the existing Grady Way overhead bridge was constructed under ar
agreement designated as Docket No. NP 16687, UPRR Audit 41215, dated June 10,
1936, between the State, King County, a political subdivision of the State of
Washington, hereinafter called the "County% Henry A. Scandrett, Walter J.
Cummings and George I. Haight, Trustees of the property of the Chicago,
Milwaukee, St. Paul b Pacific Railroad Company, hereinafter called "Milwaukee";
Oregon -Washington Railroad 6 Navigation Company, a corporation cf the State of
Oregon, and its lessee, Union Pacific Railroad Company, a corporation of the
State of Utah (hereinafter called "UPRR"), and Northern, Pacific Railway Company,
a corporation of the State of Wisconsin (hereinafter called 'Pacific'); and
WHEREAS, UPRR and Milwaukee, under an agreement dated July 20, 1936.
Audit 42424, granted to County the right to construct the existing Grady Way
overhead bridge over and across the right-of-way of said railroads in the
location described therein; and
WHEREAS, the Cities are successors to the County; and
WHEREAS, UPRR is successor to the Milwaukee; and
WHEREAS, the Burlington Northern Railroad Company is successor in interest
by merger to the Pacific; and
WHEREAS, the State and the Cities are proposing to remove and reconstruct
the existing Grady Way overhead highway bridge which crosses the Railways'
rights -of -way and tracks in Government Lot 8 in the N 1/2 of the SW 1/4 of
Section 24, Township 23 North, Range 4 East, W.M. at Black River, Washington,
as shown on map marked Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, the Railways may be required to perform certain work on their
facilities; and
WHEREAS, the parties hereto desire the project for the construction of the
said overhead uridge to be performed in accordance with plans and specifications
to be prepared by the Cities; and
WHEREAS, the State and Cities are willing to undertake the construction of
said project with Cities' funds and such federal funds as may be available for
this purpose pursuant to the Federal Highway Acts applicable thereto and the
Railways are willing to consent to the execution of said project upon the terms
and conditions herein stated and not otherwise; and
WHEREAS, the parties hereto desire to contract with reference to construc-
tion of the new Grady Way overhead bridge and the work to be done by each party
in connection therewith, the protection of the Railways' 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:
ocl283fpol 1
I.
UPRR hereby grants to Cities and to State the right to remove the existing
Grady Way overhead bridge and the right to construct a new Grady Way overhead
bridge over and across UPRR right-of-way described as follows:
The tracts of land in Government Lot Eight (8), Section
Twenty-four (24), Township Twenty-three (23) North, Range Four
(4) East, M.N., being those portions of the 100-foot right-of-way
of the Railroads in said Government Lot Eight (8), lying within a
strip 100 feet in width, having 50 feet of such width on each
side of the following described centerline of overpass;
A straight line drawn in an easterly -westerly direction
across said right-of-way and intersecting the centerline of said
right-of-way at Station 451 p:us 86.7 of the engineers station of
said right-of-way, with a northeasterly angle of 76 degrees.
Said centerline of overpass al;o intersects the centerline
of the Railroad's main track at Station 451 plus 84.1 of the
engineers stations of said track.
BNRR hereby grants to Cities and to State the right to remove the existing
Grady Way overhead bridge and the right to construct a new Grady Way overhead
bridge over and across BNRR's right-of-way as shown on said Exhibit 'A'.
1I.
The Cities shall perform their work in accordance with the detailed plans
and specifications which shall be prepared by the Cities and submitted to the
Assistant Vice President Engineering of BNRR and the Chief Engineer of UPRR for
approval when such plans and specifications are applicable or affect any
rights -of -way or facilities of the Railways, and no work pursuant to said plans
and specifications shall be performed on the rights -of -ways of the Railways
prior to receipt of notices to proceed given by the said Assistant Vice
President Engineering and Chief Engineer to the Cities' Engineer or their
respective authorized representatives. Ncthing provided in this agreement with
respect to said plans and specifications shall be construed or deemed to tie a
ratification or an aOoption by the Railways of either or both said plans as
their own.
111.
The Cities and the Railways agree to perform the following items of work:
A. WORK TO BE PERFORMED BY CiTIL OR THEIR CONTRACTOR AT CITIES' EXPENSE
1. Execpt as otherwise herein provided, furnish all plans, engineering,
supervision, labor, material, supplies and equipment necessary for
construction of the project.
2. Remove and reconstruct the Grady Way overhead bridge.
3. Provide all drainage away from the Railways' tracks to the satisfaction of
the RaiL.ays.
4. Perform all other work not specifically mentioned as work to be performed
by the Railways, necessary to complete the project in accordance with the
pans and specifications.
B. WORK TO BE PERFORMED BY THE RAILWAYS AT THE EXPENSE OF THE CITIES
1' Si nal and Communicaticn Mork
ace s gna anoenwnication facilities in temporary location and restore
to open wire upon completion of said overheat bridge.
2. Engineering and Bill Preparaticr
�erfom___pr_eT7m`Tn`ary an construction engineering including field and office
work, field inspection, and bi11 preparation.
oc:283fpol 2
3. Fle�a qqiny
7erfdrm flagging and furnish protective services and devices during
construction as deemed necessary by the Railways.
IV.
All work herein provided for, to be done by the Cities or their contractors
on the Railways' rights -of -way, shall be performed by the Cities or their
contractors in a manner satisfactory to the Railways and shall be performed at
such times and in such manner as not to interfere with the movement of trains or
traffic upcn the tracks of the Railways. The Cities or their contractors shall
use all care and precaution necessary to avoid accident, damage, or Interference
to the Railways' tracks or to the trains or traffic using their tracks and
notify the Railways a sufficient time in advance whenever they are about to
perform work adjacent to any track to enable the Railways to furnish flagging
and such other protective services and devices as might be necessary to ensure
safety of the Railways' operations, and the Railways shall have the right to
furnish all such flagging or protective services and devices as in their judg-
ment is necessary, and the Cities shall reimburse the Railways for the cost
thereof. Wherever safeguarding of trains or traffic of the Railways is men-
tioned in this agreement, it is intended to cover and Include all users of the
Railways' tracks having permission for such use.
The parties hereto agree that the City of Renton is the lead agency for the
Cities and, therefore, the Railways will submit all bills for flagging and for
construction to the City of Renton for payment.
The Railways will submit bills for flagging and other protective services
and devices currently during progress of the work contemplated by this agree-
ment. The Railways will submit complete billing for flagging and other protec-
tive services and devices at the earliest practical date and the Cities shall
pay such bills promptly. All costs shall be paid by the Cities In accordance
with the provisions of FHPM 1-4-3. Attached hereto, marked Exhibit "B" and by
this reference made a part hereof, is a statement of conditions when flagmen,
protective services and devices will be furnished by BNRR. UPRR will furnish
flagmen, protective services and devices under comparable circumstances at then
applicable charges.
V.
in accordance with FHPM 6-6-2-1, and by this reference made a part of this
agreement, the Railways will receive no ascertainable net benefits from said
project and, therefore, are not required to contribute to the cost of said
project.
VI.
It is understood that Exhibits "C-1" and "C-2" attached hereto are current
estimates of the cost of the work to be performed by BNRR and UPRR, respec-
tively, at Cities' expense and are for information purposes only, and it is
further understood that, except for progress bills, billings made by the
Railways under the authority of this agreement will be on the basis of the
actual cost of the work performed.
Progress bills may be submitted by the Railways to the Cities during the
progress of the work included in this agreement on the basis of the Railways'
Engineer's estimate of completion of the various cost reimbursable items shown
on Exhibits "C-1" and "C-2", and the Cities shall pay such bills promptly.
The Railways agree not to commence construction work for said project until
receipt from the Cities of written notice to proceed with the work and that
reimbursement will be limited to construction costs Incurred subsequent to the
date of said notification.
It is further agreed that a final and complete billing of all incurred
actual costs of the work performed by the Railways, including labor, additives,
materials, preliminary and construction engineering, preparation of bills, and
the cost of transportation of said materials, ascertained in accordance with the
provisions of the FHPM 1-4-3, shall be made at the earliest practical date.
oc 1283 f po 1 3
Said FHPM I-4-3 by this reference is made a part of this agreement. The Cities
shall, upon ,resentation of final billing, promptly reimburse the Railways for
the cost of the work included in this agreement. Preliminary engineering costs
incurred subsequent to April 11, 1980, may be charged against the project.
Vil.
All contracts between the Cities and their contractor, for either the
construction herein provided for or maintenance work on the overhead bridge on
or adjacent to the rights -of -way of the respective Railways, shall require the
contractor to protect and hold harmless the Railways and any other railroad
company occupying or using the Railways' rights -of -way or line of railroad
against all loss, liability and damage arising from activities of the contrac-
tor, its forces or any of its subcontractors or agents; and shall further
provide that the contractor shall:
1. Furnish to the Railways a Railroad Protective Policy in the form
provided by FHPM 6-6-2-2. The combined single limit 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 person or persons and for all damages arising out of
the loss or destruction of or injury or damage to property in any one occurrence
during the policy period, and subject to that limit a total (or aggregate) limit
of not less than Six Million Dollars ($6,000,000) for all damage during the
policy period. Said insurance policy, executed by a corporation qualified to
write the same 1n the state in which the work is to be performed, shall be in
the form and substance satisfactory to the Railways and shall be delivered to
and approved by the Railways prior to entry upon or use of their property by the
contractor. Each such contractor also shall provide to Railways a certificate
of contractors' general liability insurance with broad form endorsement and with
Two Million Dollars ($2,000,000) single limit coverage, such certificate to
provide thirty (30) day advance notice of cancellation.
Vill.
Upon completion of the project, the Cities shall maintain said overhead
highway bridge including roadway, supporting steel, piers, abutments and
approaches thereto. The Cities agree that they will do nothing and permit
nothing to be done in the maintenance of said overhead bridge which will
interfere with or endanger facilities of the Railways. The Railways may make
changes in or additions to their existing facilities within the limits of the
said overhead bridge; provided, however, that the usefulness thereof, and the
purpose of said overhead bridge shall not thereby be impaired.
IX.
Cities and State shall not do nor permit anything to be done to reduce the
horizontal or vertical clearances provided by the approved plans of the overhead
bridge.
X.
In the event that the said overhead highway bridge shall at any time cease
t0 be used by the public as a highway, or shall, by operation of law, or other-
wise, become vacated or abandoned, the rights and benefits of the Cities under
this agreement shall immediately cease, and the Railways shall be entitled to
use said land as if this agreement and all prior agreements had never been
executed, without the necessity of any further legal proceedings. If the
Railways so desire, the Cities shall remove said overhead bridge at their own
cost and expense.
Xl.
The Railways will contribute the sum of Fifty Thousand Dollars ($50,000)
toward the cost of construction of said project as p -ent in consideration of
being relieved of any iurther obligation to maintain a existing or proposed
structure. 8hRR shall contribute Thirty -Three Thousand Three Hundred and
Thirty -Three Dollars (f33,333) and UPRR shall contribute Sixteen Thousand Six
Hundred and Sixty -Seven Dollars (f16,667) of said total sum.
oc 1283fpol 4
X11.
If the Railways enter into a contract or agreement with a contractor to
perform any of the work, which the Railways are required to perform under the
terms of this agreement by reason of the construction of the Cities' project,
the Railways, for themselves, their assigns and successors in interest, agree
that they will not discriminate in their choice of contractors and will include
all the nondiscrimination provisions set forth in Exhibit "0", attached hereto
and made a part hereof, in any such contract or agreement.
XIII.
This Agreement crncels and supersedes the aforementioned agreements dated
June 10, 1936 and Ju'y 20, 1936.
XIV.
This Agreement !.hall inure to the benefit of and be bindinV 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,
STATE OF WASHINGTON
APPROVED AS TO FORM: DEPARTMENT OF TRANSPORTATION
Asst. Attorney enera
ATTEST:
ATTEST: y
G -
u�,,
ATTEST:
oc 1283f po 15
By
e
BURLiNGTON NORTHERN RAILROAD COMPANY
By
(Title)
OREGON-WASHINGTON RAILROAD d
NAVIGATION COMPANY
UNION PACIFIC RAILROAD COMPANY
By
enera pager
CITY OF RENTON
Byt
t e
CiTY OF TUKWILA
EXHIBIT "B"
STATEMENT OF CONDITIONS WHEN FLAGMEN, PROTECTIVE SERVICES
AND DEVICES WILL BE FURNISHED BY THE B.N.R.R.
Railway flagmen, protective services, and devices will be furnished 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
mist be obtained from the Railway before moving heavy or cumbersome objects
and equipment which might result in making the track impassable.
COST OF FLAGGING AND OTHER PROTECTIVE SERVICES AND DEVICES
(a) (b) (c) (d)
NUMBER CLASSIFICATION BASE PAY HEADQUARTERS
3 Sectionmen $11.50 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-
tinn, 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 mar per hour for normal eight -hour shift in effect
September, 1983.
(d) Estimated costs for travel per employee from headquarters to job site and
return is 518.00 per rouid trip. The estimated daily cost for meals and
other accommodations is E -- 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 thar. 22-112 feet.
(f) It shall be the duty and responsibility of ',he Cities and its
Contractors to notify the Railway's Division Superrn en ent 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 be considered as approximating 45 S cf direct labor costs.
ocl283fpol 6
BURLINGTON NORTHERN RAILROAD COMPANY
PACIFIC DIVISION 3RO SUBDIVISION
BLACK RIVER
STATE OF WASHINGTON VALUATION SECTION N-8
EXHIBIT "C-1"
Estimated cost to remove and reconstruct Grady
Way overhead
bridge as per
Exhibit "A",
ESTIMATED COST
LABOR
NON -LABOR
I. Signal and Communication Work
Place signal b communication lines in
temporary cable
S 3,260
S 3,830
Restore to open wire
2.630
600
Material Handling
---
315
Equipment Rental
---
970
Freight
---
45
Expenses
600
Subtotals Without Labor Surcharges
$ 5,890
$ 6.360
2. Engineering and Preparation of Bills
Preliminary and construction engineering
and office work
S 1.580
$ ---
Field Inspection
2,000
---
Preparation of Bills
590
Subtotals Without Labor Surcharges
S 4,170
$ ---
3. Flagging
Not estimated per Exhibit "B"
---
---
SUMMARY
1. Signal and Communication Work
S 5,890
$ 6,360
7. Engineering and Bill Preparation
4,170
---
3. Flagging per Exhibit "B"
---
---
4. Liability Insurance
�
1,057
SIG,060
S 7,417
5. Labor Surcharges
Vacation Pay, Paid Holidays, Railroad
Retirement, Unemployment Insurance,
Health and Welfare Benefits S E,241 S
T'rDT ';Td17
15,301
Contingencies TT�B
T7T:w
State of Washington Tax - 5.1: 310
Salvage T2r=
Total B/C vs. City of Renton $23,535
Office of Chief Engineer
Seattle, Washington
October 13, 1983
oc1283fp01 9
EXHIBIT C-2
MATERIAL AND FORCE ACCOUNT ESTIMATE
FOR THE
CITY OF RENTON, WASHINGTON
RELOCATE
SIGNAL AND COMMUNICATION LINES TEMPORARILY AND
RESTORE TO OVERhEAZ
AFTER COMPLETION OF NEW GRADY WAY OVERHEAD VIACUCT, DOT
NO. 396-569M,
M.P. 172.68,
BLACK RIVER, WASHINGTON, SEATTLE MAIN LiNE.
Oregon Division
May 3,
1983
Job No.
Description Labor Material
Total
001
Engineering
Engineering Office 600
Engineering inspection 12000
Labor additive 6048
Equipment rental
1300
18648
1300
19948
Relocate Signal Pole Line
G02
Relocate signal lines U.G. 4800
8095
Additives 2304
1295
Contingencies 48C
810
Equipment rental
600
7584 10800
18364
Signal Pole Line Permanent
_ ._ .__
003
Relocate to O.H. 2400
1275
Additives 1152
204
Contingencies 240
128
5399
Relocate Communication
line Temporarily
004
Relocate communication line 1200
1495
Additives 576
224
Cortingencies 120
150
Equipment rental
120
3885
Heiccate Communication
Line Pemanent
OC'_
Relocate communication tine 1200
100
Additives 576
15
Contingencies 120
10
Equipment rental
120
1896
2141
006
Flagging
Flagging or roadway watchman service perforried
for the state
or
state's contractor and recollectible from state will be reported on
Form 1054, "Labor Report."
The above figures are estimates only and subject to fluctuation. In the event
of an increase or decrease in the cost or amount of material anc labor required,
the state will be billed for actual construction costs at the current rates
effective thereof.
oc1283fpoI 10
EXH181T 'D"
Appendix A
Nondiscrimination provisions of Title VI of the Civil Rights Act of 1964.
During the performance of this contract, the contractor, for itself, its assign-
ees and successors in interest (hereinafter referred to as the 'Contractor-),
agrees as follows:
(1) Complince with Regulations: The Contractor will comply with the
gu a ions o t e partment of Transportation relative to nondis-
crimination 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
yTi a ter awar and prior t0 completion of the contract work, will
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 partici-
pate 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', "B' and "C".
Solicitatiors for Subcontracts, includingprocurements of Hatenals
FEE
n a sa c ations e t er y cOmpe rove ngor
made by the contractor for work to be performed under a
including procurements of materials or equipment, each
bcontractor or suDDl ter Sha11 be notified by the Contrac-
ontractor's obligations under this contract and the
relative to nondiscrimination on the ground of race, color
or national origin.
(A) Information and Re orts: The Contractor wi11 provide all Information
an reports requ re y the Reg"
1a Lions 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 requirrc
Of a Contractor is fr. the exclusive possession of another who fails or
refuses to furnish this information, 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.
IS) Sanctions for Noncom iance: In the event of the Contractor's
noa0mp iance wit t e non iscrimination provisions of this contrac•.
the State Highway Cepar tment shalt impose such Contract sanctions a'
't or the Federal Highway Administration may determine to be appro-
priate, including, but not limited to;
(a) withholding of payments to the Contractor under the contract
until the Contractor complies, and/or
(0) cancellation, termination, or suspension of the Contract, in
whole or in part.
oci263fpo'. 7
(6) Incor oration of Provisions: The Contractor will include the provi-
sions a aragrap through (6) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by
the Regulations, order or instructions issued pursuant 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 in-
cluding sanctions for noncompliance: Provided, however, that, in the
event a Contractor becomes involved it 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 estab-
lished, 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."
FILE TITLE
ENDING
OF FILE
.00001,
069 8,
CAG-069-83
GOV'T LOT d T. 23N RQ
W.
Ps COMPANY
