HomeMy WebLinkAboutContract CONSTRUCTION AND MAINTENANCE AGREEMENT
WIDEN & IMPROVE BRONSON WAY GRADE CROSSING (MP 2.67)
RENTON, WASHINGTON
Agreement made this ff;,2day of . 1995 , between the city of
REl�lTON, ' 4lA5HING 1'ON, a rnunic�pai corporat1o7nir-e-inafter called the 'Agency.', and
the BURLINGTON NORTHERN RAILRC:'.4D COMPA , a Delaware corporation,
hereinafter called the "Railway"
WITNESSETH:
WHEREAS. in the interest of aiding motor vehicle traffic,the Igen is
proposinc, to widen and improve the Bronson Wan public grade crossir C :ocated on the
Woodinville Subdivision of the Cascade Division. The crossing is located at Railway
Survey Station 672+99, Milepost 2 x-3265" EMR 2.62), in the Se 114 of the NW Ida of
Section 17, T. 23 N., R. S E.,W.M., in Renton, Washington, at the location shown on map
marked Exhibit .AF attached hereto and made a part hereof, and
WHEREAS, the Railway will be required to perforin certain work on its
far'l"tties; and
WHEREAS, the parties hereto desire that the work to be performed by the
Agency in connection with laid widening be perform ed in accordance wan plans and
specifications to be preparers by the Agency, and
WHEREAS, thea parties hereto agree that the Railway wibl receive no
ascertainable benefit from the construction of said project, and
WHEREAS, the Agency is willing to undertake the construction of said project
with Agency funds and such federal funds as may be available for this purpose pursuant
to the federal Highway Acts applicable thereto, and the Railway is willing to consent to
the execution of the said project upon the terms:and conditions herein stated and not,
otherwise, and
WHEREAS, the parities hereto desire to contract with reference to the work
to be done by each of them in connection therewith the protection of Railway facilities
and the payment of costs and expenses therein involved;
NOW. THEREFORE. in consideration of the mutual covenants herein
contained" it is mutually agreed) as follows:.
l
!t rs understood between the Railway and the Agency if the title report
reveals that an +eas+emen, is required for the widened arnd �, or existing Bronson Way
crommg, The Railway shall grant to the Agency,for and in consideration of a dollar
amount, to be furiher negotiated under separate instrument.an easement for roadway
purposes only upon and across the surface of the Railway's right-of-way, The Agency
agrees io promptly submit payment to the Railway fair the e�asem- ent consideration, The
easement consideration well be addressed in a supplement to the agreement, attached
thereto and made a pax t hereof,.
Upon the complete execution of this agreement, the presentation to the
Radwav of the Cont.ractat's Public Liability Insurance certificate, and the RaRread
Pffotectrve Insurance Po iscy as adcltessedi in this a9teemenc, the Anent,ks hereby
granted a right-of entry onto the Raflwaay"s property as shown ori Exhibit "A"attached,
,and rs authorlied to cttrnm.enwe construct-in work for said prole.
ll
The Aqt' its work. m accordance with detailed plans and
sp t nrcatro�ts whech s lh b prepared by& e Agency,and submitted to the Vanager
E.ngtrr�e+ r ng or' the I'Sa lwt Ilor �ipFoov,0 and approwved by it w�eher� such plans and-
s cHfi-ati;an't are applicat��a��n � �he+�+t axwy Kigiht•r�fiv�ay or facility cif the Radway,, a!r nso
work pursujtnt 40t*11d pNaaws and pe urxc t hons Shaul beperfo�nwd on the ryg!ht:of.way
of th.-ty Rah1t ay poor to rrvicer--pt of rout es to PmKeed gmen by the saidMa+nager
in r r l iirf,pthey a er �y�� it inn tt or tlrnenr roipecti m+e authorv:ed r eprewntawEksF_
l��tnang prex�r�d�d i� ti�rl�-Kts��tte<�rftr �t itl� rtct uosa� pli�6t�,�artd��ecef�catMo�s half
bit s��d plan;s�s i�t� wb:
V1
The Agency, without expense to the Railway, shalll secure from the owner or
owners of that certain property lying adjacent to and outside of the Railway's right-of-
way all necessary easements, permits or other interest therein necessary for the
occupancy and use of said property during the construction, maintenance and
operation of the roadway and its appurtenances.
V:1
It is understood that Exhibit "C", attached hereto and made a part hereof, is a
current estimate of t ►e cast of the work to be performed by the Railway at Agency
expense and is for informational purposes only_
The Agency shall reimburse the Railway for all cost and exiiense incurred by the
Railway in connection with the construction work as indicated in this agreement. The
Railway may submit progress bills to the Agency during the progress of the work
included in this agreement for the actual cost of services and expenses and the Agency
shall pay such bills promptly.
It is further agreed that a final and complete billing of all actual incurred costs and
expenses, ascertained in accordance with the provisions of 23 CFR 1401, which by this
reference is incorporated in this agreement, shall be made at the earliest practical date.
The Agency shall, upon presentation of final billing promptly reimourse the Railway for
the cost of services and expenses of work included in this agreement. Preliminary
engineering costs P.icurred subsequent to July 22,1994 maybe charged against this
projc ct -
Vill
All contracts between the Agency and its contractor, for either the construction
herein provided for or maintenance work on the highway within any easement area
described herein or shown on the exhibits attached hereto, shall require the contractor
to prole;t and hold harmless the Railway and any other railroad company occupying or
us . . tate Railway's right-of-way or lint, of railroad against all loss, liability and damage
arising from at Wities of the contractor, its forces or any of its subcontractors or agents,
and shall further provide that the contractor shall-
1. Furnish to the Railway a Railroad Protective Policy in the form provided by
23 CFR 646 A. The combined single limit of said policy shall not be less than 'Two Million
Dollars('S2.0000.000) 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 for aggregate) limit of not less than Six Million Dollars C$6.f .000) for
all damages 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 forgo and sub4t,14nce satisfactory to the Railway company and shall be delivered to
and approved by the Railway prior to the entry upon or use of its property by the .
contractor,
2.. Carry regular Contra(tor's Public Liability and Property Dams age Insurance as
If led in 23 CFR 646 A providing for a limit of not less than One Mui Ilion Dollars
(r.0_i00.000) for all damages arising out of bodily injuries to or death of once person,
and, sub ect.to that limit.for each person, a total limit of not less than Two Million
Dollars C 2.000.000) #or all damages ansing out of bodily 0iurves to or death of two or
more persons in.yrs one acodent, and providing for a larnit of not less than One Million
Dollars(S�I.tliD0,00{) for all damages to or destruction of-prop-rty in anyone accident
and subject to that linnet a total (cr aggregate) limit of not less than Twit Million Dollars
$2,000.000)for all damages to '"- dirstruction of property during the policy period A
certificate of insurance provldrng ,toot of Contractor's Nib"ic Liability and Property
Damage Insurance containing a thirty(30).day.advance wrytten to the Railway in
the event of cancellation, nonrenewal or material change of pcih(y„ executed by a
corporation clualif ied to write the same in the state ire which the work is to be
pelcirmt ed,, in form and substance satisfactory to the Railway shad be delivered to and
approved by the Railway prior to the cote y upon or use of the Radway"s property by the
cbntr«actor.. The Ra0way shy ill not he a named insured under the above polery..
The Agency; its con liactor;,subcontractors or agents..shall at its own expe°ni ,
obtapn itnd molnC, m iii force during the terns zl this'Agreement the fo0owing
IEI
The Agency and the Railway shall perform the various items of work as
follows:
I. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE AGENCY OR
ITS CONTRACTOR AT AGENCY EXPENSE.
1. Except as otherwise herein provided, furnish all plans, engineering,
supervision, labor, material, supplies and equipment r!ecessary for
construction of the project.
2, Do all grading of the roadway approaches to the crossing, and furnish and
place asphaltic concrete paving up to the crossing.
3. Provide all drainage structures under the roadway, if required.
4. Furnish and place advance warning signs and standard pavement markings
for railroad grade crossings.
5. Perform all other work not specifically mentioned as work to be performed
by the Railway necessary to complete the project in accordance with the
plans and specifications.
11. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILWAY
AT AGENCY EXPENSE.
1. Track and Crossin Work
Extendthe existing rub`ber crossing by 6`. Rehabilitate crossing area with
new ballast, ties, fastenings. Remove and Relay 80TF of existing rail.
2. Flaqqinq, Protective Services and Devices
Perform flagging and f urnish protective services and devices during
construction, account of the operations of the Agency or its contractor, as
deemed necessary by the Railway.
3. Enqine.erin-q and Preparation of Bills
Perform preliminary and spc en ineering and inspection, including field
and office work and preparation oldbills.
IV
All work herein provided for, to be done by the Agency or its contractors on
the Railway's right-of-way, shall be performed by the Agency or its contractors in a
manner satisfactory to the Railway and shall be performed at such time and in such
manner as not to interfere unnecessarily with the movement of trains or traffic upon
the tracks of the Railway. The Agency or its contractors shall use all care and precaution
necessary to avoid accident; damage, or interference to the Railway's tracks or to the
trains or traffic using its tracks and notify the Railway a sufficient time in advance
whenever it is about to perform work adjacent to any track to enable the Railway to
furnish flagging and such other protective services and devices as might be necessary to
ensure safety of Kai,,vay operations, and the Railway shall have the right to furnish all
such flagging or protective services and devices as in its judgment is necessary, and the
Agency shall reimburse the Railway for the cost thereof. The Railway will submit'bills for
flagging and other pro' --tive services and devices currently during progress of the work
contemplated bi,*his agreement. The Railways will submit complete billing for flagging
and other proterive services and devices at the earliest practical date, and the Agency
shall pay such bills promptly. Attached hereto, marked Exhibit."B", and by this
reference made a part hereof, is a statement of conditions when flagmen and
protective services and devices will be furnished by the Railway. Wherever the
safeguarding of trains or traffic of the Railway is mentioned in this agreement, it is
intended to cover and include all users of the Railway's tracks having permission for
such use.
V
In accordance with 23 CFR 646 B, which by this reference is incorporated in this
agreement, the Railway will receive no ascertainable net benefits fro-a said project and,
therefore, is not required to contribute to the cost of said project.
(a) Business Automobile Policy Insurance, including owned, non-owned, and hired
vehicles with rninimurn limits for bodily injury and property damage ofOne Million
Dollars ($ 1,000,000) each occurrence, on all vehicles which the Agency or any of its
agents or employees may use at any time in connection with the performance of this
Agreement. Railway shall not be a named insured in the above policy.
(b) Worker's Compensation.Insurance or coverage as required under the
"Worker's Compensation Act" of the State of Washington. The policy should include
occupational disease to required statuatory limits, employer's liability of One Million
Dollars($ 1,000,000) to include FELA, if appropriate, and an "all states" endorsement.
Railway shall not be a named insured in the above policy.
If the Agency, its contractor, subcontractors or agents, in the performance of the
work herein provided for or by the failure to do or perform anything for which it is
responsible under the provisions hereof, shall damage or destroy any property of the
Railway, such damage or destruction shall be corrected by the Agency in the event its
contractor or the insurance carriers fail to repair nr.restore the same.
For any work performed in the State of Washington, nothing in this agreement is
intended to be construed as a requirement for an indemnification against the sole
negligence of the Railway, its officers, employees or agents. Moreover, for any work
performed in the state of Washington, the Agency will require its contractor to
indemnify the Railway and.any other railroad company occupying or using the Railway's
right-of-way or line of railroad against all loss, liability and damages, including.
environmental damage, hazardous materials damage, or penalties or fines that may be
assessed, c Bused by or resulting from the contractor s negligence, provided, however, if
such loss, liability, damage, penalties or fines are caused by or result from the
concurrent negligence of (a) the Railway or the Railway's officers, employees or agents,
and (b) the contractor or the contractor s employees, agents or subcontractors, such
indemnity shall be valid and enforceable only to the extent of the negligence of the
contractor or the contractor's employees, agents or subcontractors.
The Agency will require its contractor to defend at its own expense, in the name
and on behalf of the Railway, all claims or suits for injuries or death of persons or
damage to property arising or growing out of the work carried on under this
agreement, for which the Railway is liable or is alleged to be liable. However, upon a
final determination in a court of law in which a percentage of negligence is attributed
to the Railway, the Railway agrees to reimburse the contractor in the same percentage
for the costs involved in defending the suit.
IX
Upon completion of the project, the Agency, at its sole cost and expense, shall
maintain all improvements, other appurtenances, advance warning signs, and standard
pavement markings, with the exception of the crossing which will be maintained in
accordance with State law.
X
Either party hereto may assign any receivables due them under this agreement
provided, however, such assignments shall not relieve the assignor of any of its rights or
obligations under this agreement.
XI
If the Railway enters into a contractor agreement with a contractor to perform
any of the work, which the Railway is required to perform under the terms of this
agreement by reason of the construction of the Agency's project, the. Railway, for itself,
its assigns and successors in interest, agrees that it will not discriminate in i cs choice of
contractors and will include all the nondiscrimination provisions set forth in Exhibit "D"
attached hereto and made apart hereof, in any such contract or agreement.
Xli
This agreement shall inure to the benefit of and be binding on the parties hereto,
their successors and assigns.
took
IN WITNESS WHEREOF, the parties have caused this agreement to be executed the
day and year first hereinabove written.
ATTEST: a Ma
RE N, WASHINGTON
ay By
Tlt e , y ,1erk It yor
BURLINGTON NORTHERN RAILROAD
COMPANY
By
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EXHI
STATEMENT OF CONDITIONS WHEN FLAGMIEN, PROTECTIVE SERVICES
AND DEVICES WILL BE FURNISHED BY THE RAILWAY
Railway flagmen, protective services, and devices will be furnished but not Limited
theretr- 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 am work is performed over, under or in close proximity to tracks or any
Railway facilities.
(3) When work in anyway interferes with the operation of trains at usual speeds or
3 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 `ff
obtained from the Railway before moving heavy or cumbersome objects and k=,
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 513.80/hour/ Seattle,WA.
5 8-hour slay 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 facilities, if deemed
necessary by the Railway. ,.
; I
(b) The Classification is shown solely for the prospective bidder's information,and
f 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
I undertaken.
(c) Shows base pay rate per man per hour for normal eight-hour shift in effect
January, 1995.
(� (d) Estimated costs for travel per employee from headquarters to job site and return is
i $19.00 per round trip. The estimated daily cost for meals and other
accommodations is 5 --- per employee.
(e) In addition, protective devices,such as crossing signals, indicators,telltales, lights,
telephone, etc., may be required. In this connection telltales may be installed by
the Railway, at its option,.as a condition of its approval of any proposed
restrictions of vertical clearance during construction to less than 22-1/2 feet.
(f) It shall be the duty and responsibility of the Agency and its Contractors to notify
the Railway's Division Superintendent at least forty-eight(48) hours in advance of
when flagmen or other protective services and devices are required.
To all direct labor costs there shall be additional charges for Vacation Allowance, Health
and Welfare, Railroad Retirement and Unemployment Taxes; Public Liability, Property
Damage and Workmen's Compensation Insurance; and accounting and billing. For
estimating purposes only,these additives collectively may be considered as
approximating 55% of direct labor costs.
pawaagency
BURLINGTON NORTHERN RAILROAD COMPANY
CASCADE DIVISION WOODINVILLE SUBDIVISION
RENTON, WASHINGTON
STATE OF WASHINGTON VALUATION SECTION WA 4-P
EXHIBIT "C"
Estimated cost for the widening and improvements to the Bronson Way North grade
crossing located at railroad MP 2.62, as per Exhibit"A".
ESTIMATED COST LABOR NON-LABOR,
PART 1--Not Estimated
PART 11
1. Track and Crossing Work
ExtencTthe existing rubber crossing by 6'.
Rehabilitate crossing area with new ties, ballast
and fastenings. Relay existing 80TF of rail.
$ 2,281 $ 2,227
Material Handling 173
Freight 111 9
Equipment Rental 683 s
Salvage (236) 1
Subtotal Without Labor Surcharges $ 2.281 2,9584yT
2. Flagging, Protective Services and Devices
Not estimated--See Exhibit "B" $----------- $--------------
3. Engineering and.Preparation of Bills
Preliminary and Special Engineering $ 91 $ -------
Construction.Engineering 113 --------
Preoaration of Bills 68 --------
Subtotal '011thout Labor Surcnarges 272 $
SUMMARY
1. Track and Crossing Work $ 2,281 $ 2,958
2. Flagging, Protective Services and Devices •
3. Enineering and Bill Preparation 272 --------
4. Liability Insurance ----- 307
Totals S 2,55 5__3_,2T5
6. Labor Surcharqes
Vacation Pay, Paid Holidays, Railroad
Retirement, Unemployment Insurance,
Health and Welfare Benefits 1,430 $ ------
$ ,983 3, 8
�
265
r248
Contingencies 227
$7
State of Washington Tax 178
Total B/C vs. Renton,Washington $ 7,653
Office of Manager Engineering
Seattle, WA.
pawaagency 7
EXHIBIT'D"
Appendix A
Nondiscrimination Provisions of Title V1 of the Civil Rights Act of 1964.
During the performance of this contract, the contractor, for itself, its assignees and
successors in interest(hereinafter referred to as the "Contractor"), agrees as follows:
(1)
Compliance with Rea ulations: The Contractor will comply with the
Regulations of t eepartment of Transportation relative to nondis-
crimination in federally-assisted programs of the Department of
Transportation (Title 49, Code of Federal Reulations, Part-2t,
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
pe�rorme y it a er award 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 i r
will not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment i;t
practices when the contract covers a program set forth in
Appendixes "A" "B" and
(3) Solicitations for Subcontracts Includina Procurements of Materials And
Eui me�rt: In a s-f(�icitations either y competitive bidd ing or
negotiation made by the contractor fnr work to be performed under a
subcontract, iriclud ing procurements of materials or equipment, each
potential subcontractor or supplier shall be notified.by the Contractor
of the Contractor's obligations under this contract and the Regulations
relative to nondiscrimination on the ground of race, color or national
origin.
(4) Information and Reports: The Contractor will-provide all.information
and reports required by the Regulations or orders and instructions
issued pursuant thereto, and will permit access to its books, recoras,
accounts, other sources of information, and its facilities as maybe
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 d Contractor is in the exclusive possession of another who fails or
refuses to furnish this information, the Contractor shallso certify to the
State Highway Department or the Federal Highway Administration as 5
apropriate and shall set forth what efforts it has made to obtain the
information.
(5) Sanctions for Noncompliance: In the event of the Contractor's
noncomp lance with the nondiscrimination provisions of this contract,
the State Highway Department shall impose such contract sanctions as .
it or the Federal Highway Administration may determine to be 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.
(6) Incorporation of Provisions: The Contractor will include the provisions
of paragraphs 1 t ro g 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 o:
procurement as the State Highway Departmentorthe 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 aecomes involved in or threatened with litigation
with a subcontractor or supplier as a result of such direction,the
Contractor may ,:_quest the State to enter into such litigation to protect
pawaagency g
:,
the interests of the State, and, in addition, the Contractor may request
the United States to enter into such litigations to protect the interes'
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 programa or activity
receiving Federal assistance under this title or carried on under this title. This
provision will be enforced through agency provisions and rules similar to those
already established,with respect to racial and other discrimination, under Title VI
of the Civil Rights Act of. 1964. However, this remedy is not exclusive and will nt z
prejudice or cut off any other legal remedies available to a discriminates."
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