HomeMy WebLinkAboutContract .. � • �jidR� ; • CAG-93-027
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CONSTRUCTIDN AND MAtNTENANCE AGREEMENT .
tONSTRUtTlON OF THE BOElNG ACCESS GRAOE CROSSINGS(MP 3.90&3.93)
RENTON,WASHINGTON .
Agreement made this�Q,day of�.1� , 1993,between RENTON,
WASHiNG70N,a municipal corporat+on, hereinaf�r called the "Agency",and the
BURLINGTON NORTHERN RAILROAD�OMPANY,a Delaware corporation,hereinafter
called the"Railway":
WITNESSETH:
WHEREAS,in the inte�est of aiding motor vehicle t�affic,the Agency is
proposing the construction of two public grade crossings,designated as the Boe�ng
Access Road,where the centerline of the�oadway will cross the Railway's right-of•way
and tracks at two locations on the Pacific Woodinville Subdivision. The crossings are
(ocated at Railway Survey Station 742�22,MP 3+5334',MP 3.90,and at Railway Survey
Station 740+22,MP 3+5134',MP 3.93, ��lot 1,of Section 8 Twp.23N..Rge.SE.,W.M.,
in Renton,Washington,at the location shown on map marked Exhibit'A-1`attached
hereto and made a part he�eof;and
WHEREAS,the Agenc�r desires to acquire an easement for roadway purposes
across the surface of the Raitway s right-of-way; and
WHEREAS,in connection with tfie project for the construction of the Boeing
Access Road crossings,it will be necessary to install automatic flashin�lic�ht traffic
control devices,four shoulder mount type,with Z gates and train actrvation devices
hereinafter to be caUed "Signats"; and
WHEREAS,the Railwaywill be required to perform ceRain work on its
facilities;and
WHEREAS,the parties hereto desire that the work to be performed by the
Agency in connection with said construction be performed in accordance with plans and
specifications to be prepared by the Agency,and
WHERFAS,the parties hereto desire that the plans and specifications for the
installation of said Signals be prepared by the Railway;and
WHEREAS,the pa►ties hereto agree that the Railway will receive no
ascertainable benetit from the construdion of said project,and
WHEREAS,the Agency is willing to undertake the construction of said project
with Ag ency funds and such federal funds as may be available for this�urpose pursuant
to the federal HighwayActs 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
othervvise;and
WHEREAS,the parties hereto desire to contract with�eference 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,7HEREFORE,in consideration of the mutual covenants herein
contained,it is mutually agreed as follows:
I
7he Railway shall grant to the Agency,for and in consideration of$ 38,300.00
by separate instrument an easement for roadway purposes only upon and across the
surface of the Railway's rigFit-of-way as shown on Exhibit"A" attached hereto and
made a part hereof.
The Railway shall grant to the Agenc�r,for and in cansideration of S 13,700.00
by separate instrument a temporary construdion permint for roadway purposes only
upon and across the surface of the Ra�lway's right-of-way as shown on Exhibit"A"
attached hereto and made a part hereof.
11
The Agency shall perform its work in accordance with detailed plans and
specifications which shall be prepared by the Agency and submitted to the Manager
. • , • • . . � . .
En ineerin of the Railway for approval and a roved b it when such plans and III
specifications are applicable or affect any right�-of-way o�facility of the Raiiway,and no
work pursuant to said plans and specifications shal!be performed on the right-of-way �
of the Railway prior to receipt of notices to proceed given by the said Manager
Engineering to the Agency engineer or their respective authorized representatives.
Nothing provided in this agreement with respect to said plans and specifications shall
be construed or deemed ta be a ratification or an adoption by the Railway or either or
both said plans as its own.
NI
The Agency and the Railway shall perform the various items of work as
fof lows:
I. WORK TO BE PERfORMED AND MATERIALS T�BE FURNISHED BY THE AGENGY OR
ITS CONTRACTOR AT AGENCY EXPENSE.
1. Except as otherwise herein provided,furnish all plans,engineering, I
supervision,labor,material,supplies and equipment necessary for
construction of ihe project.
2. Do all grading of the roadway approaches to the crossing and furnish and
place paving up to the crossing. - - '
3. Provide al)drainage strudures under the roadway,if required.
. 4. Furnish and place advance warning signs and standard pavement markings
for raiiroad grade crossings. �
5. Perform all other work not specifically mentioned as work to b=-performed
by the Railway necessary to complete the project in accorctance with the
. plans and specifications.
II. WORK TO BE PERFORMED AND MATERIAlS TO BE FURNISHE�BY THE RAILWAY
ATAGENCY EXPENSE.
1. Track and Crossinq Worlc
Crossinq at MP 3.90
' Place a 48'rubber crossing,replace 120TF of 115#rail with 120TF of 115#
CWR,and rehabilitate crossmg area with new ties,ballast,fastenings and
� engineering fabric for dreinage purposes.
' Crossina at MP 3.93
Place a 48'rubbe�crossing,replace 120TF of 115#rai)with 12aTF of 115�
CWR,and rehabilitate crossi�g area with new ties,ballast,fastenings and
engineering fabric for drainage purposes.
2. Siqnal Work
Crossinq at MP 3.90
Install t automatic flashing light traffic control device.shoulder mount type
with a gate and train adivation devices.
Crossinq at MP 3.93
Insta113 automatic flashing light traffic control devices,shoulder mount
type,with a gate and train activation devices.
• [rossina of�ake washinaton Boulevard at MP 3.97
Upgrade train adivation devices.
3. Flaqaina,Protective Services and Devices
Perform flagging and furnish protective services and devices during '
construction,account operations of the Agency or its contractor,as deemed
neceuary by the Railway.
4. Enqineerinq and Prepa�ation of Bills
Perform preiiminary and special engineering and inspection,including field
and office work and preparation of bills.
, •• � . • • - .
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 contrador5 in a
manner satisfadoryto the Railway and shall be perfa�med 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 contradors shall use all care and precautian
necessary to avoid accident,damage,or interference to the Railway's tracks or to the
t�ains or traffic using its tracks and noti the Railway a sufficient time in advance
whenever it is about to perform work a jacent to any track to enable the Railway to
furnish flagging and such other protective services and devices as might be necessary to
ensure safety of Railway.operations,and the Railway.shall have the right to furnish all
such fiagging or protect+ve services and devices as in its judgment is necessary,and the
A9ency shall reimburse the Railway for the cost the�eof.7he Railway wiU submit bills for
. flagging and other protective services and devices currently during proc�ress of the work
j" contemplated by this agreement.The Railway will submit complete billing for flagging �
and other protectwe senrices and devices at the earliest p�actical date,and the Agency
shall pay such bills promptly. Attached hereto,marlced 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 t�affic of the Railway is mentio�ed in this agreement,it is
intended to cover and include al{users of the Railway's tracks having permission for
such use.
V
In accordance with FHPM 6-6-2-1,which by this reference is incorpo�ated in this
agreement,the Railway will receive no ascertainable net benefits from said project and.
therefore,is not required to contribute tu the cost of said project.
VI
The Agency,without expense to the Raitway, shall secure from the owner or owners
of that certain property lying adjacent to and outside of the Railway's�ight-of-way all
necessary easements,permits or ather interest therein necessary for the occupancy and
use of said property duri�g the construction,maintenance and operation of the
roadway and its appurtenances.
` � VII
The Signals shall be installed at the Railway grade crossings shown on Exhibit
"A-1"in accordance with plans and estimates furnished by the Railway.
The Railway shall,with its own forces and under its own laboragreements,install
the Signals and the crossings. The Agency,with its own forces,shall furnish and install
advance warning signs and standard pavement markings for railroad crouings. The
Railway shall furnish all materials for the necessary Railway work from its store stock,or
by purchase,in accordance with the provisions of FHPM 1-4-3 and any amendments and
supplements thereto.
VIII
It is understood that Exhibit"C",attached hereto and made a part hereof,is a
cur�ent estimate of the cost of the work to be performed by the Railway at Agency
expense and is for informational purposes only.
The Agency shaN reimburse the Railway for all cost and expense 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 adual 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 actua!incurred costs and
expenses,ascertained in accordance with the provisions of FHPM t-4-3,which by this
reference is incorporated in this agreement,shall be made at the earliest practica{date.
The Agency shail,upon presentatian of final billing promptly reimbu�se the Railway for
the cost of services and expenses of work included in this agreement.Preliminary
engineering costs incurred subsequent to September 17, 1991,may be charged against
, this projed.
. • � . � • ' '
IX
All contracts between the Agency and its contractor,for either the construction
herein provided for or maintenance wo�k on the highway within any easement area
described herein or shown on the exhibits attached hereto,shall require the contractor
to protect and hold harmless the Railway and any other railroad company occupying o�
using the Railway's right-of-way or line of railroad agamst al!loss.liability and damage
arising from activities of the contractor,its forces or any of its subtontractors o�agents.
Such indemnity provision shail be in accordance with RCW 4.24.115 as amended by cfi.
305,laws of 1986. The contract shall further provide that the contractor shall:
t. . Furnish to the Railway a Railroad Protective Policy in the form provided by
FHPM 6-6-2-2. The combined singie limit of said policy shall not be(ess than Two Million
Dollars($2,000,000)forall damages arisin�out of bodily injuries to or death of any
person or persons and for all damages ansing out of the loss or destruction of or in�ury
o�damage to property in any one occurrence during the policy period,and subject to
that limit a total tor aggregate)limit of not iess than Six Million Dollars(56,000,000)for
all damages during the�policy period. Said insurante 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 Railway company and shall be delivered to
and approved by the Railway prior to the entry upon or use of its property by the
cont�actor. � .
2. Carry�egular Contrador's Public Liability and Property Damage lnsurance as
specified in FHPM 6-6-2-2 providing for a limit of not less than One Miltion Dollars
(51,000,000)for all damages arising out of bodily injuries to o►death of one person,
and,sub'ect to that limit for each person,a total limit ot not less than Two M�Ilion
Dollars(�2,000,000)for aN damages arising out of bodily injuries to o�death of two or
more persons in an one accident;and providing for a limit of not less than�ne Million
Dollars(S1,OO�,OOO�for all damages to or destruction of property in any one accident
and subject to that limit a total{or aggregate)limit of not less than Two Million Dollars
(�2,000,000)for al)damages to or destrudion of property during the policy period. A
certificate of insurance providing proof of Contractor's Public Liability and Property
Damage Insurance cantains a thirty(30)-day advance written notice to the Railway in
the event of canceiEation,nonrenewal o�material change of policy,executed by a
corporation qualified to write the same in the state in which the work is to be
performed,in form and substance satisfactory to the Railway shall be delivered to and
approved by the Railway prior to the entry upon or use of the Railway's property by the
contrador. The Raifway shall not be a named msured in the above policy.
If the Agency,its contractor,subcontractors or agents,in the performance of the
' work herein provided#or or by the failure to do or perform anything for which it is
responsible unde�the provisions hereof,shalf damage or destroy a�y property of the
Railway,such damage or destruction shaU be correded by the Agency in the event its
contractor or the insurance carriers fail to repair or restore the same.
For any wor{c performed in the State of Washington,nothing in this a9reement is •
intended to be construed as a requirement for an indemnification against the sole
negligence of the Railway,iis officers,employees or agents.Moreover,for any work
performed in the state of Washington,the contractor shall specifically and expressly
agree to indemnify the Railway and any other railroad company occupying or using the
Ra�lway's right•of-way or line of railroad against all iost,liability and damages,
including environmental damage,haza�dous materials damage,or penalties or fines
that may be assessed,caused by or resulting from ihe concurreM negl�gence ot(aj the I
Railway or the Railway's officers,employees or agents,and(b)the contracto�or the ',
contracto�'s employees,agents or subcontractors. ,
The contractorshali furtheragree that it has a duty to defend at its own expense,
in the name and on behalf of the Railway,all claims or suits for inluries o�death of
persons or damage to property arisin�or growing out of the work ca�ried on under this
agreement.for which the Raifway is fiabie or is atleged 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 cont�actor in the same percentage
for the costs involved in defending the suit.
X
Upon completion of the project,the Agency,at its sole cost and expense,shall
maintain all improvements,other appunenances,advance warning signs,and standa�d '
pavement markings with the exception of the crossing which will be maintained by the
Railway and Agency under the foltowing terms.
; . .� . • . . . .
Highway traffic contro)whenever necessary for Railway maintenance wo�k on the
roadway crossing shall in all cases be performed by the Agency at its sole cost and
expense.
The Railway agrees ta bear the cost of maintaining the roadway crossing pursuant
to RCW 81.53.090 only until such time as the statue is repealed or interpreted as Lo
relieve the Railway of the obligation to bear any expense of maintenance work on the
crossing.
When the Railway is no longer obtigated to hear any expense for the maintenance,
the Agenty will reimburse the Railway for 100 percent of the annual maintenance cost
for both crossings,including the cost of removal and reinstallation for periodic track
maintenance work as well as renewals as�equired,amounting to S15 per track foot for
each crossing installed under this agreement. 7he trossings in this proposed installation
amounts to 48 tracic fee#per crossing(96 track feet)at S15 per foot =
$ 1,440 annual maintenance cost based upon 1992 tosts. Adjustments to the annual
maintenance charge will be made annually commencing July 1, 1993,and wiH be based .
upon the percentage of change in the Association of American Railroad's�ost Recovery
Index Series RCR(1977=100),Table A for the Western Distrid Material P�ices,Wage
Rates and Supplements Combined(excluding fuel)o�successor index mutually agreed
upon by the parties,trom the year 1992 which shall be used as a base year for the
calender yea�immediately prior to the year in which the change is to be made effective.
The above provision is separate and distinct from the other provisions contained
herein and should it or the calcufation used to allocate the maintenance cost be found
unlawful or othen�vise invalid,the remaining provisions of the agreement which afe
supported by independent consideration,shall not be invalidated,but remain effective
and in fu{I force.
XI
Upon comptetion of the installation of said Signals,the Railway at its sole cost and
expense shall operate and maintain said Signals,provided however that the Railway
shall be entitled to receive reimbursement for any or all of the cost of such maintenance
, as may be made available by reason of any law,order,regulation or otherwise
providing for the reimbursement of said costs.
XI I
Either party hereto may assign any receivables due them under this agreement
p�ovided,however,such assignments shall not relieve the assignor of a�y of its rights or
obi�gations under this ag�eement.
X{I I
In the event the Signals installed under this agreement are partially or wholly
destroyed and the cost of repair or replacement cannot be recovered from the person or �
persons respansible for such destruction,then,in that event the cost of repair or
replacement shafl be borne by the Agency.
In the event the Signals,or a portion of the Signals installed�nder this agree'ment
cannot,through age,be maintained,or by virtue of their obsoiescence requ�re �
replacement,then in either event,the cost of instaltation of new Signa(s sfiall be bome '
by the Agency
• " XIV
!n the event that either highway or Railway changes will necessitate revisions ot
the Signals by rearrangement,replacement,or additions at the said location,the party
whose changes cause said revisions will bear the enti�e cost of the same without
obligation to the other. � '
XV
In case said road shall at any time cease to be used as a public road,or shall by
operation of law become vacated or abando�ed,the rights and benefits to the Agency
under this agreement shall immediately cease,and the Railway shall be entitled to
repossess the land to which it has executed agreements and permits to the Agency and
to use the same thereafter as if this agreement had never been executed,without the
necessity ot any further legal proceedings.
' , • ' ' • • . . . . I
XV)
If,for any reason,said Signals shali no longer be required at the said grade
uossing,the Railwa�,on the approval of the Agency,may remove said eguipment,and
credit the Agency with the salvage value less cost of removal.
XVII .
If the Railway enters into a contract or agreement with a contractor to perform
any of the work,which the Railway is required to perform under the terms of this
agreement by reason of the construction of the Agency's project,the Railway,for itself,
its auigns and successors in interest,agrees that it will not discriminate in its choice of
tontractors and will include all the nondiscrimination provisions set forth in Exhibit"D"
attached hereto and made a part hereof,in any suth contract or agreement.
- XVitt �
� This agreement shall inure to the benefit of and be binding on the parties hereto,
theirsuccessors and assigns.
• IN WITNE55 WHEREOF,the parties have caused this agreement to be executed the
day and year first hereinabove written. �
ATTEST: ' ' � RE N,WASHiNGTON �
. -' . • � ��-
$Y _ BY
.
tt B � Cjeric � :[ayor_
APPROVED AS FORM: BURIINGTON NORTHERN RAILROAD
. COMPANY �
BY G%��� �,/
. City ttorney By
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. . .. .... . i . �� � ��
.i-''..' - ''' .. .. . S
.. . . . . . '•6` � if1
: !i - �. ': � : �; ties,fasten 4 �
�""....-�"'�•.''•r'��'"1:�,,,,' ' �r�� With rtew
.�r::';: ^�,.,-, � ..�� > � �'r4`,f• � ��' � REHABILiSATE�
•.:.qi��:..�-;;;:�;:.;.::.:':. {abrit.
f���°:::;� •� � `� , ..= ineeri�9
:`::.�i�c,F�'::`�:r:;.:.,:. :' . A : � ` hallast and e�9
-:::�,t:'::. ••:::.::a_,. . ,� •`�•.��: �; . httraffic
...,.::.�2F',=::;:;.::,, . �i� : � aticttasfiinglig
~.°.i`s:'::,:i:�3';':;::.�';i�( . 5.`� ; ` �: � �` tl- Oneauto derrtiount�YPe�withgate
� MSTA
.``�t.:._�...,,".y •:�'�y •�• � f� a ih-32,5 � `` �onuo4 device,shou e devices.
�::::::::::: ..:-Q ........:.....:.,�- �..-';•'.�.`, 'f : //� 5_a ` - andtrainaccivationtyP
.r f.. � r i
�%ss�._�,-�+J�� � ; i // � \ . . ..- .
',kj; ��, �. ' l I 1� \ . � _• :c'r.;'4.'.. . .
•, �• . ''�." ��( t ,._.._�.,---..�
`,� ` �
- p1 •). i•.w
,- ?Y� . .�;;., � a.
..j. . " /�.�� �
��`� / 1
�-� �' ; �/ � ... . - � NtBiT`p►.
. � /.�' t ti�:f�` � �./�
'. �f+,�j . . . .,`,/: I f r 1LR�AOCOMPANY
��•�::•..,c..`' � � � S•N•� .W041�If3ViU.�S11801V5f0t1 r,,$
.., j . . .
� RRSta.7A2+2x G�Gcossin9' .� PACIf1CON15fON
5334`lMP 3.so) r QNSSRU��ON O�TH�o451N�A� ;
� MP3+ . � ;: � t'� , � �ppD GRAD��R '
` i��°:',:��'. : f ��' f� ,` r' (MF�•9U���A� . I
i
!1/�� � . / � 7�4 rS;..��,� . (���"(' „�40�
��4 t / ,` , r.o , ' scA��: � ,Na� $.22-9�
�� �� ' S�` I ` � L���3.3 y '� MANAGER E�IGINEEAiN��SEA�V' t0-10-g1 ,
��.. JJ �(/�
/ :.1'• l� ! �'r'r`< <1�` _ y
; . . . � . . - .
EXHIBIT"B"
STATEMENT OF CONDITtONS WHEN FLAGMEN,PROTECTtVE SERViCES
AND DEVICES WIIL BE FURNISHED BY THE RAILWAY �
Railway ffagmen,protedive services,and devices wiil be furnished but not limited
thereto fo�the foliowing conditions:
(1) When in the opinion of the Raiiway 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 aperation of trains at usuat speeds or
threatens,damages or endangers track or Railway facilities.
(4) When an�r hazard is presented to Railway communications,sig naf,efectricai,or
otherfacilities either due to person,material,equipment,or blasting in the
vicinity.
(5) Where or when material is being hauled across tracks. Special clearance must be
obtained from the Railway before moving heavy or cumbersome objects and
equipment which might result in making the track impassable.
COST OF FIAGGING AND OTHER PROTECTIVE SERVICES AND DEVICES
(a) {b) (cy (d)
NUMBER CLASSIFICATION BA5E PAY NEADQl1ARTERS
. 3 Sedionmen $13.50/hour! Seattte,WA.
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 requtred or a lesser number may be sufficient.
, However,addittonal personnel,wch as communications linemen and/or
signalmen may be used to protect communications and signal facilities,it deemed
necessary by the Railway.
(b) The Clauification is shown solely for the prospective bidder s information,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.
{cy Shows base pay rate per man per hour for normal eight-hour shift in effect
Feb�uary 1993.
(d) Estimated costs for travel per employee from headquarters to job site and return is
f 19.00 pe�round trip. The estimated daily cost for meals and other
accommodations is S --- per employee.
(e) In addition,protective devices,such as uossing sic�nals,indicators,telltales,lights,
telephone,etc.,may be required. In this connection telltales may be installed by
the Railway,at iu option,as a condition of its approval of any proposed '
restrictions of vertical clearance during construction to less than 22-1/2 feet.
(� It shall be the duty and responsibiliry of the A�ency and its Contractors to notify
the Railway's Division Superintendent at least forry-eight(48)hours in advance of
when flagmen or other protective services and devices are required.
To all dired labor costs there shail be additional charges for Vacation Allowance,Health
and Welfare,Railroad Retirement and Unemployment Taxes; Public Liability,Property
Damage and Workmen's Compensation Insurance; and accountin�and billing. For
estimating purposes o�ly,these additives collectively may be considered as
approximating SS% of direct labor costs.
: . � � . � s - �� � �- -
BURLINGTON NORTHERN RAILRUAD COMPANY
PACIFlC DIVISIDN WOODINVILLE SUBDIVISION
RENTON,WASHINGTON
STATE OF WASHINGTON VALUATION SECTI(�N WA 4A-P
EXHIBIT"C"
Estimated cost for the construction of the Boeing Access Road grade crossings lacated at
MP 4.90 and MP 4.93 as per Exhibit"A-1".
ES7IMATED COST LABOR NON-IABOR
PAR7!•-Not Estimated
PART il
1. 7rack and Crossinq Work
Crossing at MP 3.90-Place 48'rubber crossing �
Replace 12�TF of 115#rail with 120TF of 115# '
CWR. Rehabilitate crossing area with new ties,
fastenings,baliast,and engmeering fabric.
Crossi»g at MP 3.93-Place 48'rubber crossing. �
Replace 120T�of 115�rail with t 20TF of 115#
CWR. Rehabilitate crossing a�ea with new ties,
fastenings,ballast,ahd engineering fabric.
$ 7,680 b 33,380
Material Handling 2,522
Freight 1,659
Equipment Renta) 2,304
• Salvage {1,424)
Subtotal Without Labor Surcharges S 7,680 $.3$,441
2. S-i-��n-a- l-s ' �
r� ossing at MP 3.90-tnstalt 1 automatic
flashing light traffic control device,shoulder
mount type with a gate and train activation
devices. � `
Crossing at MP 3.93-Install 3 automatic
flashing light traffic control devices,shoulder �
mount type with 1 gate and train activation
devices. �
Crossing(Lake Washington Blvd.)at MP 3.97- •
Upgrade train activation devices.
519,604 5 80,326
Material Nandling 6,104
Equipment Rental 4,704
•Freight 4,016
Business Expense 5,881
Subtotal Without LaborSufcharges S 19,604 S 101,031
3. Flaqqinq,Protective Services and Devices
lVot estimated--See Exhibit"B" $----------- $---------•---
. • � ' • . • �
4. EnQineerinQ and Preparation of Bills
Preliminary and Speciai Engineering $ 1,687 $ -----
Construction En�ineering 2,140 -----
Preparation of 6ills 818 -------
------------ ----------------
Subtota!Without Labor 5urcharges $a,645 $ -----
SUMMARY
1. Track and Crossing Work $ 7,680 $ 38,441
2. Signal Work 19,604 101,031
3. Flagging,Protedive Services and�evices —__M ___.._____
4. Engineenng and Bifl Preparation 4,645 ------
5. Liability Insurance ------- 5,401
7otals S 31,929 5 144,873. I
6. Labor Surcharqes
Vacation Pay,Paid Holidays,Railroad
Retirement,Unemployment tnsurance,
Health and Welfare Benefits S 19,174 � ------
� 51,103 $ 51,103
144,873
$ 195,976
Contingencies . 768
$ l�i,�
State of Washington Tax 7,909
Total 6/Cvs.Renton,Washington $ 204,653
Office of Manager Engineering
Seattle,Washington
. - � � - � � • .
EXHIBIT"D"
Appendix A
Nondiscrimination Provisions of Title VI of the Civil Rights Act of 1964.
During the performance of this contract,the<ontractor,for itself,its assignees and
successors in interest(he�einafter referred to as the "Contractor"),agrees as follows:
(1) Complfance with Requlations: The Contractor will comply with the
Regulatio�s of the DePartment of transportation relative to nondis-
' crimination in federally-assisted p�ograms of the Oepartment of
Transportatio�(Title 49,Code of Federal Re utations,Part 21,
hereinafter referred to as the "Regulations'�,which are herein
incorporated by reference and made a part of this�ontract. �
* (2) Nondiscrimination: The Contractor,with regard to the wo�k
pertormed by it atter award and prior to completion of the contract
work,wifl not discriminate on the g�ound of race,color or national
origin in the selection and retentio�of subcontradors,inctuding
procurements of materials and leases flf equipment. The Contractor
wiN not participate either di�ectly or indirectly in the discrimination
prohibited by Section 21.5 of the Regul.ations,including employment
practices when the contract covers a program set forth in - -
Appendixes"A", "B"and "C".
(3) Soticitations tor Subcontracts,Includinq Procurements of Materials And
Equipment: !n all solicitations either by competitive bidding or
.negotiation made by the contractor for work to be perfo�med under a
subcontraet,including procurements of materials o�equipment,each
potential subcontractor or supplier shall be notified by the Contractor
of the Contractor's obligations unde�this contract and the Regulations
relative to nondiscrimination on the ground of race,color or nat�onal
origin.
(4) Information and Reports: The Contraciorwill provide all information
and reports required by the Regulations or orders and instructions
issued pursuant thereto,and will permit access to its books,records,
accounts,other saurces of information,and its facilities as may be
determined by the State Highway Department or the Federal Hig hway
Administration to be pertinent to ascertain compliance with such
Regulations,orders,and instructions. Where any�nfo�mation required
of a Contractor is in the exclusive possession of another who faits or
refuses to furnish this information,the Contrador shall so certify to the
State Hi�hway Department orthe Federal Highway Administ�ation as
appropriate and shalt set forth what efforts it has made to obtai�the
information.
(Sj Sanctions for Noncompliance: In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this contract,
, the State Highway Department shall impose such contract sanctions as
it or the Federal Highway Administration may determine to be appra
priate,in<luding,but»ot limrted to;
• '" (a) withholding of payments to the Contrador under the contract '
until the Contractor complies,and/or
(b) canceilation,termination,orsuspension of the contract,in whole �
ar in part.
(6) Incorporation of Provisions: The Contracto�will include the provisions �I
of paragraphs(1)through(6)in every subcontract,induding �
procurements of materials and leases of equipment,unless exempt by ,
the Regulations,orde�or instructions issued pursuant thereto. The I
Cont�actor will take such action with respeR 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-
ciuding sanctions for noncompliance: Provided,however,that,in the
event a Contractor becomes involved in or is threatened with litigation
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
afthe United States. �
* PROH1817lON OF DISCRIMINATIOfd ON 7HE SA515 OF SEX.
SEC. 162. (a) Chapter 3 of Title 23,United States Code,is amended by adding at
the end thereof the folfowing 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 discriminatio�under any program or activity
�eceiving Federal assistance under this title or carried on under this t�tle. This
provision will be enforced through agency provisio�s and rules similarto those
already established,with resped to racial and other discrimination,under Title VI
of the Civil Rights Act of 1964. Nowever,this remedy is not exclusive and will not
prejudice or cut off any other legal remedies available to a discriminatee."
� �