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HomeMy WebLinkAboutR-1999-114 Safety Improvements for five railroad crossingsRESOLUTION NO. R = 99 -114 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Burlington Northern Santa Fe Railway Company (BNSF), for the joint construction of supplemental safety improvements for five . railroad crossings in the City of Yakima. WHEREAS, the City of Yakima acknowledges the requirements of the Federal Railroad Administration and the Burlington Northern Santa Fe Railway to provide Supplemental Safety Measures at five crossings in the city; and WHEREAS, the Yakima City Council deems it to be in the best interest of the city that the attached agreement document be executed by the City of Yakima, accordingly; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Burlington Northern Santa Fe Railway Company (BNSF) for the purpose mentioned above, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 7 day of September,1999 ATTEST: September 2, 1999 J, , City Clerk ohn Puccinelli, Mayor AGREEMENT PILOT STUDY FOR WHISTLE BAN YAKIMA, WASHINGTON THIS AGREEMENT, made and entered into by and between THE BURLINGTON NORTHERN AND SANTA FE BNSF COMPANY, hereinafter referred to as "BNSF", and the CITY OF YAKIMA, WASHINGTON, a municipal corporation, hereinafter referred to as the "City." WITNESSETH: WHEREAS, BNSF operates a number of trains through the City over at least five at -grade crossings with City streets at all times of day and night, and WHEREAS, BNSF trains operate loud whistles or horns as they approach and pass through the at -grade crossings, and WHEREAS, the loud whistles or horns constitute significant disturbance to people at residences and businesses near the BNSF tracks, especially during hours when most people sleep, and WHEREAS, the City has requested the Federal Railroad Administration (the "FRA"), to authorize the City to perform a whistle ban study (the "Project"), which could establish sufficient supplemental safety improvements to certain at -grade crossings to enable the FRA and the Washington Utilities and Transportation Commission ("WUTC") to authorize BNSF to operate trains through those crossings without sounding whistles or horns in advance, and WHEREAS, BNSF agrees to cooperate and work with the City in the construction of the Project. WHEREAS, the City and BNSF desire that the work to be performed by the City in connection with the Project be performed in accordance with plans and specifications prepared by the City, and WHEREAS, the Project will require BNSF to perform certain work on its facilities, and WHEREAS, BNSF and the City are willing to undertake the construction of the Project with BNSF and City each funding their own work as described in this agreement, and identified in Exhibit "A" attached. NOW THEREFORE, in consideration of the matters stated above and the mutual promises made below, the parties agree and promise as follows: SECTION 1: The Project shall occur in three phases, as described below. The parties shall use their best efforts separately and cooperatively to initiate Phase 1 as soon as possible, to avoid any gaps between phases, and to accomplish the establishment of a permanent whistle ban at the earliest possible date. Phase 1: The City shall install camera equipment at strategic locations in both approaches to the crossings at "I" and "D" Streets and at the crossing of Yakima Avenue. C:\word\city-utilities-services\engineering\whistleban\bnsf city k 9-2.rtf Last printed 09/02/99 2:21 PM WHISTLEBAN PROJECT AGREEMENT Page 1 of 5 Driver behavior at the crossings shall be monitored by video cameras for the next four months. Phase 2: BNSF shall remove designated tracks from at -grade crossings at "D" and "1" Streets and shall then relocate the arttomatic f achinrr light f. o :n control devices -.--.-. .+.., ww�vaaaw aa�. aawvaau ab aria a.--f-fic control devi es at each crossing identified. Upon the issuance by the WUTC of an order approving the proposed crossing signals and the proposed construction and design for each crossing, the City shall construct supplemental safety measures (median barriers and warning signs). Driver behavior at the crossings shall be monitored by video cameras with the supplemental safety measures and other crossing traffic control devices in place for the next four months. As early as it becomes appropriate, the partie ls shall jointly request the FRA to issue an order for a four-month temporary whistle ban Phase 3: Upon the issuance by the FRA of an order for a four-month temporary whistle ban, BNSF trains shall not operate whistles or horns as they approach and pass through the crossings. Driver behavior shall be monitored by the video cameras with the supplemental safety measures and other crossing traffic control devices in place during the temporary whistle ban. As early as it becomes appropriate, the parties shall jointly request the FRA order a permanent whistle ban for the crossings. SECTION 2: A. The City or its contractor shall, at the City's expense, furnish all work to be performed and all necessary materials as follows. 1. Except as otherwise -provided herein, plans, engineering, supervision, labor, material, supplies, and equipment necessary for construction of the supplemental safety measures included in the Project. 2. Install video cameras as appropriate for monitoring driver behavior. 3. Install median barriers and any warning devices required by WUTC or FRA. 4. Design and construct such additional supplemental safety measures as parking lot gates or other devices as may be necessary to effectively control motor vehicle traffic leaving parking lots or other premises near the crossings and traveling toward the crossing. B. BNSF or its contractor shall, at the BNSF's expense, furnish all work to be performed and all necessary materials as follows. 1. "I" Street Remove industrial track and most easterly siding track from the crossing. Relocate automatic flashing light traffic control devices as required. 2. "D" Street: Remove westerly siding track and remove easterly siding track from the crossing. Relocate easterly siding track switch. Relocate automatic flashing light traffic control devices as required. C.\word\city-utilities-services\engineering\wlvstleban\bnsf city k 9-2.rtf Last printed 09/02/99 2:21 PM WHISTLEBAN PROJECT AGREEMENT Page 2 of 5 SECTION 3: The approximate daily train traffic on the subject line is 6 freight trains, maximum speed 49 MPH, and no passenger trains. A. All contracts between the City and its contractor(s), for either the construction herein provided for or maintenance work on the roadway within any easement area described herein or shown on the exhibits attached hereto, shall require the contractor to indemnify and hold harmless the BNSF and any other railroad company occupying or using the BNSF's right-of-way or line of railroad against all loss, liability and damage arising from activities of the contractor, its forces or any of its subcontractors or agents; and shall further provide that the contractor shall: 1. Furnish to BNSF 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 ($ 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 damages during the policy period. Said insurance policy executed by a corporation qualified to write the same in the state of Washington,- shall be in the form and substance satisfactory to the BNSF company and shall be delivered to and approved by the BNSF prior to the entry upon or use of its property by the contractor. 2. Carry regular Contractor's Public Liability and Property Damage Insurance as specified in 23 CFR 646A providing for a limit of not less than One Million Dollars ($ 1,000,000) for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total limit of not less than Two Million Dollars (2,000,000) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and providing for a limit of not less than One Million Dollars ($1,000,000) for all damages to or destruction of property in any one accident and subject to that limit a total (or aggregate) limit of not less than Two Million Dollars ($2,000,000) for all damages to or destruction of property during the policy period. A certificate of insurance providing proof of Contractor's Public Liability and Property Damage Insurance containing a thirty (30) - day advance written notice to the BNSF in the event of cancellation, nonrenewal or material change of policy, executed by a corporation qualified to write the same in the state of Washington, in form and substance satisfactory to the BNSF shall be delivered to and approved by the BNSF prior to the entry upon or use of the BNSF's property by the contractor. BNSF shall be a named insured under the above policy. B. The City, its contractor(s), subcontractor(s) or agent(s), shall, during the term of this Agreement, at its/their own expense, obtain and maintain in force Worker's Compensation Insurance or coverage as required under the "Workers Compensation Act" of the State of Washington. The Policy should include occupational disease to required statutory limits, employer's liability of One Million Dollars ($1,000,000) to include FELA, if appropriate. BNSF shall not be a named insured in the above policy. SECTION 4: Nothing in this agreement is intended to be construed as a requirement for the indemnification against the sole negligence of the BNSF, its officers, employees or C:\word\city-utilities-services\engineering\whistleban\bnsf city k 9-2.rtf Last printed 09/02/99 2:21 PM WHISTLEBAN PROJECT AGREEMENT Page 3 of 5 for for any work relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, performed in the State of Washington. Indemnification against liability for damages arising out of bodily injury to persons or damage to property for any work relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, performed in the State of Washington and caused by or resulting from the concurrent negligence of the BNSF and the City and its agents or employees will be enforceable only to the extent of the negligence of the City and its agents and employees. The indemnification obligation shall include all claims brought by contractor's employees against the BNSF, its agents, servants, employees or otherwise, and contractor expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. SECTION 5: The City's contractor(s) shall prosecute and complete work according to contractor's own manner and methods and with and by contractors own means and employees, free from any supervision, inspection, or control whatsoever by the BNSF, except only as may be necessary to enable the BNSF to determine whether work performed complies with the requirements of this agreement and conforms to the plans and specifications, it being the intention of the parties hereto that the contractor shall be and remain an independent contractor and that nothing herein contained shall be constructed as inconsistent with that status. All provisions of Exhibit "B" (Contractor Requirements) are hereby incorporated and made part hereof. All contracts between the City and its contractor, for the construction herein provided for or shown on the exhibits attached hereto, shall require the contractor to conform to the requirements of Exhibit "B". SECTION 6: The City shall" require its contractor(s) to comply with all requirements and regulations of every Federal, State, Local, or other governmental authority with respect to the performance of work for the safety of the employees engaged therein, and of the public; shall take all necessary precautions for the safety of contractor, subcontractors and the employees and property of each; and shall protect contractor, subcontractors and the employees and tools of both while engaged in said work. BNSF's engineer or designee may advise contractor or contractor's work site supervisor that an agent or employee of contractor or of a subcontractor is working in an unsafe manner or may potentially work in an unsafe manner, in which event, contractor's work site supervisor shall cause said agent or employee to leave the work site and BNSF's property. Transit shall require that its contractor assume all responsibility for the safe work method and practices of its agents and employees and agree to indemnify and hold harmless BNSF from and against any and all claims arising from or in any manner connected with the removal of the agents and employees of contractor from the work site and BNSF's property for safety reasons. C:\word\city-utilities-services\engineering\whisdeban\bnsf city k 9-2.rtf Last printed 09/02/99 2:21 PM WHIS T LEBAN PROJECT AGREEMENT Page 4 of 5 SECTION 7: Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: City of Yakima c/o City Engineer City Hall 129 North 2nd Street Yakima, WA 98901 TO BNSF: BNSF c/o Mike Cowles Manager Public Projects 2454 Occidental Ave. S., Ste. 1-A Seattle, WA 98902 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. SECTION 8: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. SECTION 9: The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as the dates below indicated. EXECUTED by BNSF this day of ,1999 THE BURLINGTON NORTHERN AND SANTA FE COMPANY By: Name Printed: Title: Vice President and Chief Engineer EXECUTED by the City this day of ,1999 THE CITY OF YAKIMA, WASHINGTON By: Dick Zais, City Manager Attest Karen Roberts, City Clerk C.\ word \city-utilities-services\engineering\whisdeban\bnsf city k 9-2.rtf WHISTLEBAN PROJECT AGREEMENT Last printed 09/02/99 2:21 PM Page 5 of 5 C:\land Projects\Yakima Rail Crossings\dwg\Combined 5heet.dwg Wed Jun 09 08:55:09 1999 dFord YAKIMA SAFETY STUDY - FIVE RAIL CROSSINGS 1 SITE VICINITY & SHEET LAYOUT 2 WEST 'I' STREET / NORTH FRONT STREET 3 'D' STREET / FRONT STREET 4 LINCOLN AVENUE / FRONT STREET 5 'B' STREET / FRONT STREET 6 WEST YAKIMA AVENUE / FRONT STREET C:\Land Pro)ects\Yakima Rail Crossings \dwg \Combined Sheet dwg Vied Jun 09 08:56:21 1999 dFord 0 0, (a E a 0, 01 .0 44_� 0 (0 I oc c r w 110,0C 10 Olt 010100 POWER POLE CONCRETE OOLL ARDS (4) CHAN LINK FENCE CH. '11Y CIRCE Q43---LIAILOOM INZIMINS11•1•0111110011011 110. Antal 110001 POWER PM RR SIGN /. D 7,7,R NOW AMMO 1111 WAX 0111: 40 CAW 0 PO Enowrn OHS( CON MCLER CABINET DEL MONIE BUILDING GENERAL NOTES 1 SIGNAL / CATE TO BE MOVED TO 15 FROM CENTERLINE OF TRACY 2. TRACK REMOVAL BY OTHERS. 3. END OF GATE TO MEET END OF BARRIER. fl(1.10.111 f {11(1.1i r ,11•111! A • WASHINGTON FRUIT BLDG. GENERAL NOTES 1. SIGNAL / GATE TO BE MOVED TO 15 FROM CENTERLINE OF .neacit. 2. MACK REMOVAL BY OTHERS. 3. END OF GATE TO MEET END OF BARRIER. 11111ACATZ Mal CIT ORM) 7. RDA:A/ABLE FREIGHT CONTAIN( RS CR.VEL/DiRi TUT - AA SGNAL OA It RR 4701 'D. STREET FRUIT WARFHOUSE MOE CC ASPHALT RR BCNXt. CCHIROL BOXES 2 3-7/2RR 1-170.0,15 0 ' RR SIGN. BOKR le 0471' - POLE DIRT— - MMUT.47:111 L BOBER POI f EINSI MOROI IR COW, /// :7* 44 .0 7n71 /2 01i 'API 0 EC u_ GENERAL NOTES 1. SIGNAL /mTE TO BE MOVED TO 15 FROM CENTERLINE OF TRACK. 2. TRACREMOVAL 8? OTHERS. 3. END OF GATE TO MEET END OF BARRIER. 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END OF GATE TO MEET END OF BARRIER. 1— Tn 1- z 0 R 0 co 0,> YEp (d 0) >- E 0 0 C_ > �w o U C:\Land Protects\Yakima Rail Crossings\dwg\Combined Sheet dwg Wed Jun 09 08:57;05 1999 dFord i Pelee IRACN 29 SfAII0NARY <BAIN OAR OR OLD IR0CNS RE1A11 STORES 10001 cn 1- 0z PACIFIC FRUIT J SIORAE- RvLl BARRIER RR RR SIONAI CA 1`00--71V:�AK@{IA/�1 AVE -- A —__— _—n iB 111111411100110 m" A g O m r P9901501 I �_ CAICN BASIN W BA RR MT[ SONµAP BIP WALL 9O maw NBT CI HEW WM RETAR SON 011180A. GENERAL NOTES 1 SIGNAL / GATE TO BE MOVED TO 15 FROM CENTERLINE OF TRACK. 2. TRACK REMOVAL 8Y OTHERS. 3. END OF GATE TO MEET END OF BARRIER. 6 st " stoma AVCMu9 36" 12" EXISTING ROADWAY 97016.01 REV 3/21/97 11:\97\97016\CAD\GRAPHIC (0) MIN MUM 1" i •j • • ' a • • • . a• FLEXIBLE DELINEATOR SPACED 5' ON CENTER PORTLAND CEMENT CONCRETE • 14" 18" s Yakima Figure 3 Safety Study Median Barrier Cross -Section 5 Rail Crossings The TRANSPO Group, Inc. EXHIBIT "B" CONTRACTOR'S RIGHT OF:ENTRY AGREEMENT FOR CONSTRUCTION PROJECTS ON OR ADJACENT TO PROPERTY OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Gentlemen: 'The undersigned, hereinafter referred to as Contractor, has entered into a Contract dated 199 with the Department of Transportation ("State") for the performance of certain work in connection with the project. The construction of the in the performance of which work the Contractor will necessarily be required to conduct operations within THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY ("Railway"), right of way and property ("Railway Property"). The Contract provides that no work shall be commenced within Railway Property until the Contractor employed in connection with said work for State executes and delivers to Railway an Agreement, in the form hereof, and shall have provided insurance of the coverage and limits specified in said Contract and Section 2 of this Agreement. If this Agreement is executed by other than the Owner, General Partner, President or Vice President of Contractor, evidence is furnished to you herewith certifying that the signatory is empowered to execute this Agreement for the. Contractor. Accordingly, as one of the inducements to and as part of the consideration for Railway granting. permission to Contractor to enter upon Railway Property, Contractor, effective on the date of said Contract, has agreed and does hereby agree with Railway as follows: SECTION 1. RELEASE OF LIABILITY AND INDEMNITY Contractor agrees to release Railway from any claims arising from the performance of this Agreement which Contractor or any of its employees, subcontractors, agents or invitees could otherwise assert against Railway, regardless of the negligence of Railway, except to the extent that such claims are proximately caused by the intentional misconduct or gross negligence of Railway Contractor shall indemnify and hold harmless Railway for all judgments, awards, claims, demands, and expenses (including attomey's fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or failure to perform any obligation hereunder. THE LIABILITY ASSUMED BY- CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it shall adjust and settle all claims made against Railway, and shall, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway shall give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor shall proceed to adjust and handle to a conclusion such claims, and in the event of a brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, shall defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, RIGHT OF ENTRY STATE OF APRIL 14, 1999 PAGE 1 judgments, decrees; attorneys fees, costs, growing of or resulting from -incident t to andexpenses outv resulting or iiiciUGiii any such claims OI' suits. It is mutually understood and agreed that the assumption of liabilities and indemnification' provided for in this Agreement shall survive any termination of this Agreement. SECTION 2. INSURANCE. (a). Before commencing any work under this Agreement, Contractor must provide and maintain in effect throughout the term of this Agreement insurance, at Contractor's expense, covering all of the work and services to be performed hereunder by Contractor and each of its subcontractors, as described below: (1). Workers' Compensation coverage as is required by State law. THE CERTIFICATE MUST CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMPANY'S SUBROGATION RIGHTS AGAINST THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, (2). Commercial General Liability insurance covering liability, including but not limited to Public Liability, Personal Injury, Property Damage and Contractual Liability covering the obligations assumed by Contractor m Section 1, with coverage of at least $2,000,000 per occurrence and $4,000,000 in the aggregate. Where explosion, collapse, or underground hazards are involved, the X, C, and U exclusions must be removed from the policy. (3). Automobile Liability insurance, including bodily injury and property damage, with coverage of at least $1,000,000 combined single limit or the equivalent covering any and all vehicles owned or hired by the Contractor and used in performing any of the services under this agreement. (4). Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway Company is the Named Insured covering all of the liability assumed by the Contractor under the provisions of this Agreement with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. Coverage shall be issued on a standard ISO form CG 00 35 01 96 and endorsed to include ISO form CG 28 31 10 93 and the Limited Seepage and Pollution Endorsement (see attached copy) (b). The average train traffic per 24-hour period on this route is freight trains at a timetable speed of MPH and passenger trains at a timetable speed of MPH and _ switch engine movements. (c). All insurance shall be placed with insurance companies licensed to do business in the States in which the work is to be performed, and with a current Best's Insurance Guide Rating of A- and Class VII, or better. (d). In all cases except Workers' Compensation and Railroad Protective Liability coverage the certificate must specifically state that THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY IS AN ADDITIONAL INSURED. (e) Any coverage afforded Railway, the Certificate Holder, as an Additional Insured shall apply as primary and not excess to any coverage issued in the name of Railway. RIGHT OF ENTRY STATE OF APRIL 14, 1999 PAGE 2 (f). Such insurance shall be approved by the Railway before any work is performed on Railway's Property and shall be carried until all work required to be performed on or adjacent to Railway's Property under the terms of the contract is satisfactorily completed as determined by Department of Transportation, and thereafter until all tools, equipment and materials not belonging to the Railway, have been removed from Railway's Propertyand Railway Property is left in a clean and presentable condition. The insurance hereinrequired shall be obtained by the Contractor and Contractor shall furnish Railway with an original certificate of insurance, signed by the insurance company, or its authorized representative, evidencing the issuance of insurance coverage as prescribed in (a) 1, 2 and 3 above, plus the original Railroad Protective Liability insurance policy to: Attention: Maintenance Field Support The Burlington Northern and Santa Fe Railway Company Maintenance Field Support 4501 Kansas Avenue Kansas City, Kansas 66106 (g). The certificate of insurance shall guarantee that the policies will not be amended, altered, modified or canceled inso far as the coverage contemplated hereunder is concerned, without at least thirty (30) days notice mailed by registered mail to Railway. (h). Full compensation for all premiums which the Contractor is required to pay on all the insurance described hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the Contract, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under SECTION 1 will not in any way be limited to or affected by the amount of insurance obtained and carried by the Contractor in connection with said Contract. SECTION 3. CONTRACTOR REQUIREMENTS (a). While on or about Railway Property, Contractor shall fully comply with Railway's "Contractor Requirements", including (but not Limited to) clearance requirements and personal protective equipment requirements. Contractor shall be responsible for fully informing itself as to Railway "Contractor Requirements". (b). Prior to entering Railway Property, each person providing labor, material, supervision, or services connected with the work to be performed on or about Railway Property shall attend a Safety Orientation session conducted or approved by Railway. Contractor shall contact Manger Public Projects, , telephone fax , at least thirty (30) calendar days in advance to arrange the necessary safety orientation session(s). (c). Prior to entering Railway property, the Contractor shall prepare and implement a safety action plan acceptable to Railway. Contractor shall audit it's compliance with that plan during the course of it's work. A copy of said plan and audit results shall be kept at the work site and shall be available for inspection by Railway at all reasonable times SECTION 4. PROTECTION OF RAILWAY FACILITIES AND RAILWAY FLAGGER SERVICES (a). The Contractor shall give a minimum of at least thirty (30) working days notice to the Railways Roadmaster at telephone , in advance of when flagging services will be required to bulletin the flaggers position and shall provide five (5) working days notice to the Roadmaster to abolish the position per union requirements. (b). Railway flagger and protective services and devices will be required and furnished when Contractor's work activities are located over or under of and within twenty-five (25) feet measured horizontally from center line of the nearest track and when cranes or similar equipment positioned outside of 25 -foot horizontally from track center line that could foul the track in the event of tip over or other catastrophic occurrence, but t nClt limited thereto Ior the I011owing conditions: (1). When in the opinion of the Railways representative, it is necessary to safeguard Railway's Property, employees, trains, engines and facilities. (2). When any excavation is performed below the bottom of tie elevation, if, m the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. (3). When work in any way interferes with the safe operation of trains at timetable speeds. (4). When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. (5). Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. (c). Flagging services will be performed by qualified Railway flaggers. The base cost per hour for (1) flagger is $50.00 which includes vacation allowance, paid holidays, Railway and Unemployment: Insurance, Public Liability and Property Damage Insurance, health and welfare benefits, transportation, meals, lodging and supervision, for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. These rates are subject to any increases which may result from Railway Employees -Railway Management negotiations or which may be authorized by Federal authorities. State/Contractor will be billed on actual costs in effect at time work is performed. (l). A flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railway's representative. (2). Each time a flagger is called, the minimum period for billing shall be the eight (8) hour basic day. (3) The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the State/Contractor. (4). The average train traffic per 24-hour period on this route is freight trains at a timetable speed of MPH and — passenger trains at a timetable speed of _ MPH and switch engine movements. SECTION 5. TRAIN DELAYS No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Railway, it's lessees, licensees or others, unless specifically permitted under this agreement , or specifically authorized in advance by the Railway Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof. When not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railway's nearest track, and there shall be no vehicular crossings of Railway's track except at existing open public crossings. Contractor shall be responsible to Railway, including its affiliated railway companies, and its tenants for damages for any unscheduled delay to freight or passenger trains that are caused by the Contractor as follows: (a). Train Delay Damages, Passenger Trains (1). Contractor will be billed and Contractor shall pay Railway within 30 days, as provided below, for the actual economic losses arising from loss of contractual incentive pay and bonuses, and contractual penalties resulting from passenger train delays, whether caused by Contractor, or subcontractors, or by the Railway performing Railway Work associated with this project. Railway agrees that it will not perform any act to unnecessarily cause passenger train delay (2). Passenger trains operate under incentive/penalty contract with the Railway. Under these arrangements. if Railway does not meet its contract service commitment, Railway may suffer loss of performance or incentive pay or be subject to a penalty payment. Contractor shall be responsible for any passenger train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a passenger train delay caused by Contractor, or subcontractors. (3). As example, a passenger train arrives 30 minutes after its contract service commitments with the Railway and Railway is assessed damages per terms of the contract. Contractor, and/or it's subcontractors, caused a 29 minute delay to the passenger train and therefore the Contractor is not responsible for passenger train performance incentives, penalties or other contractual economic losses actually incurred by Railway. (4). As example, a passenger train arrives 30 minutes after its contract service commitment and Railway is assessed damages per terms of the contract. Contractor, and/or it's subcontractors, caused a 31 minute delay to the passenger train and therefore the Contractor is 100% responsible for any passenger train performance incentive, penalties or other contractual economiclosses actually incurred by Railway. (5). The contractual relationship between Railway and its passenger customers is proprietary and confidential. In the event of a passenger train delay covered by this Agreement, Railway will share information relevant to any passenger train delay to the maximum extent consistent with Railway confidentiality obligations. Damage for passenger train delays for certain passenger trains could be as high as $50,000.00 per passenger train. (b). Train Delays Damages, Freight Trains (1). Contractor will be billed and Contractor shall pay Railway within 30 days, as provided herein, for the damages for freight train delays, whether caused by the State, its contractors or subcontractors, or by the Railway working for the State. The Contractor will be billed at a rate of $304.28 (for 1998) per freight train hour for each freight train delayed as determined from Railway's records. Each delay may cause delays to more than one freight train at the same time. These rates will be updated annually and Contractor will be billed at rate per hour in effect at the time the delay occurred. Kindly acknowledge receipt of this letter by signing and returning to the undersigned two original copies of this letter, which, upon execution by Railway, shall constitute an Agreement between us. Yours truly, (Contractor) The Burlington Northern and Santa Fe Railway Company By By Vice President and Chief Engineer (Title) Address City, State, Zip Accepted this day of 199 LIMITED SEEPAGE, POLLUTION AND CONTAMINATION COVERAGE ENDORSEMENT WORDING In ,-nnsir1aratinn of the premium c.h rged it . .. 1e,r t,.o ..«.1 agreed that Exclusion r _r Coverage __ .ion o the premium vuuage L ai. is understood and agI u ulal. t ..luJluii 1. of H. of this Policy shall -not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by: a) unintended fire, lightning or explosion: or b) a collision or overturning of a road vehicle: or c) a collision or overturning or derailment of a train. Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to: 1. loss of, damage to or loss of use of property directly or indirectly resulting from sub -surface operations of the Insured, and/or removal of, loss of or damage to sub -surface oil, gas or any other substance; 2. any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substances; 3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances; 4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and /or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured. Notwithstanding the foregoing, Item 1 does not apply to tunnels. Red Apple Motet 416 N. First Street • Yakima, WA 98901 • 1-509-248-7150 • Fax: 1-509-248-3155 ?LAG rM Y, Gx,f N60 i The Honorable Jolene M. Molitoris, Administrator United States Department of Transportation. 400 Seventh Street Southwest Washington, DC 20590 Re: City of Yakima Pilot Project Proposal Dear Ms. Molitoris: I am writing to urge your support in expediting the City of Yakima's pro- posal that the FRA approve andfund a pilot project for a Train Whistle Quiet Zone in the City of Yakima similar to the existing Quiet Zones in the much larger cities of Spokane and Seattle, which seem to work very well and safely. The Burlington Northern / Santa Fe Railroad Tracks run through the very center of the Yakima Business District, which includes approximately 18 Motels, of which we are one, and numerous other Restaurants and other Tourist related facilities. The increased Train traffic is severely impacting our business and the Motel and Convention Business in Yakima. Our revenues, thus our Tax Liabilities, and ability to employ numerous staff, who also pay taxes, are way down as a result of Guests being disturbed by the loud nightly Train Whistles. We are having to refund Room Rentals and lase their Future Business - some guests have stayed regularly at our Motel for 40 years, but no longer,. due to the disturbance of their sleep, which is the main reason to rent a Motel Room! We are seriously wondering if we will still be in business next year if this problem is not solved immediately. We urge you to support and expedite this Pilot Project in order for us to continue to serve Yakima and contribute to the economy. Sincerely, f3ob 4damS Bob Adams, General Manager Ed WdLS:ZT 6661 T2 '6nd SS12817?60ST : .ON 2NOHd 81ddd : WaId ° 004' fillr �U ccr i i The Ilonorable Jolene M. Motitoris, Administrator t Inited States Department of Transportation 400 Seventh Street Southwest `w ashington, VC 20590 ltc: City of Yakima Pilot Project Proposal Dear Ms. Molitoris, 1 am the new General Manager for the Motel 6 in Yakima. Fhave been here for 9 months now and have been approached numerous times regarding the train whistles throughout the night. Many of our regular guests know that they need to request a room away from the train noise. We arc able to accommodate those requests but how many guests have we lost because they don't know to ask for that. As a member of the Yakima Visitors and Convention Bureau. loan honestly speak for many other businesses -that the sound oldie train whistles at night is a definite downfall to the beauty of our city. I know that my Motel is not the only cine that is affected by the sound because of the number of hotels/motels that are backed up to -the tracks. Any assistance that we can receive to quiet the tt-ain whistles down would be greatly appreciated. W; thank ye,d, ibr your support in advance to help keep out City of 'Yakima a beautiful one. Sincerely. Afig Mark Eberhart General Manager Sd Wd8S:ZT 6661 12 'End SS1Z8bZ60S1 : '0N BNOHd 3 _! .A I �tt•c'o�t"• 81ddti Gal : WOZId _• RED LION INN YAKIMA -1 o Whom It May Concern. The Yakima, Washington -Red Lion is localcd approximately one block from the train tracks utilized by the Burlington Northern - Santa Fc Railroad. The whistle noise that is produced by the engines at all hours, day or night, is simply unacceptable. Man I hinter, the previous General Manager, was very active in the implementation of the "Yakima Train Whistle Quiet Zone" Pilot Project Since my arrival in June of 1997, 1 have had numerous cots tplaiitts about the whistle and have lost an unknown number ofguests. Complaints about the whistle are received on a daily basis. The nuuthet of guests that simply do not return, are even greater, The loss of revenue is substantial. Any assistance, on your behalf, in resolving this matter will be greatly appreciated. if 1 can do anything to further the success of this project, plus advise, Thank you for your time and consideration Sincir'ely, -j(i Kathy 1.entons (ietteral Manager r.., • ..� t'd Wd6S:ZT 666T T£ '6nd SST£8bZ60ST : '0N BNOHd Tlddtj GBH : Wald BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of September 7, 1999 ITEM TI I'LE: Agreement with BNSF for Whistle Ban and Safety Measures SUBMI I"1'ED BY: William Cook, Dept. of Community and Economic Development CONTACT PERSON/TELEPHONE: Robert Desgrosellier, Acting Engineering Division Manager / 575-6228 SUMMARY EXPLANATION: The Federal Railroad Administration (FRA) and the Burlington Northern Santa Fe Railway (BNSF) have indicated that in order to allow the trains through town without sounding whistles or horns for the street crossings, "Supplementary Safety Measures" must be in place at each crossing. The City of Yakima and BNSF developed a construction plan with and acceptable to the Federal Railroad Administration (FRA) and the Washington State Utilities and Transportation Commission (WSUTC) to make safety improvements. ( Continued ) Resolution X Ordinance Contract X Other (Specify) Agreement Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the attached resolution approving the Agreement with Burlington Northern Santa Fe Railway Company (BNSF) BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: September 2, 1999 With safety measures under the pilot study, it was agreed to video monitor the crossings at Yakima Avenue, "D" Street and "I" Street for sixteen weeks prior, to crossing modifications and sixteen weeks immediately following crossing changes. In the near future the City of Yakima will petition the WSUTC to discontinue blowing of train -whistles byBNSF. Assuming that petition will be approved, BNSF can discontinue the blowing of the train whistles in the northern portion of the city. Video monitoring will continue at the three crossings for a final sixteen -week period. The attached agreement with BNSF specifies work that will be completed by both parties of the agreement. 1C, 2 — September 2, 1999 City of Yakima Engineering Division MEMORANDUM September 7, 1999 To: Dick Zais, City Manager, and Members of the City Council SUPPLEMENTAL INFORMATION FOR ITEM NO. 9 From:_ Robert Desgrosellier, Acting Engineering Division Manager Subject: Whistle Ban Shared Costs & Work Descriptions City Project Number 1813 In June of 1998 the five mainline railroad crossings of Yakima Avenue, "B" Street, Lincoln Avenue, "D" Street and "I" Street were reviewed by City Staff along with the Federal Railroad Administration (FRA), the Washington State Utilities and Transportation Commission (WSUTC) and the Burlington Northern Santa Fe Railway Company (BNSF). At all of these sites, necessary road modifications were discussed, reviewed and a concensus was reached for each crossing. The consensus reached for each crossing was: Yakima Avenue The BNSF will work together with the city to implement railroad pre-emption for the existing traffic signal at Front Street. (Outside of this agreement, BNSF will eliminate the rail crossing on the west side of the mainline and move existing signal crossing equipment to the east in conjunction with improvements on "D" and "I" Streets.) The City will install median curb, barrier curb and sidewalk in accordance with the location shown on the submittal drawing prepared by The Transpo Group. The existing one way configuration of the parking area adjacent to the tracks must be reversed to allow an entrance only and northbound movement through this portion of the lot. • An alternative to this proposal must be developed to further prevent crossing violations if the first and second phases of the pilot study demonstrate crossing violations from this access point. One suggested alternative is to close the eastern access. • Another alternative is to install an exit gate for westbound traffic. This crossing will be monitored for all phases of the pilot study. Monitoring will be provided by ASTI and funded by the FRA. B Street and Lincoln Avenue The City will install barrier curb and sidewalk in accordance with the the submittal drawing prepared by The Transpo Group. These crossings do not require monitoring. Page 1 D Street The City will install median curb and barrier curb in accordance with the submittal drawing prepared by The Transpo Group. The BNSF will relocate a rail switch to the north of the crossing and remove the crossing on the west side of the mainline. Both crossing changes allow for moving existing crossing signal equipment closer to the mainline. This crossing will be monitored for all phases of the pilot study. Monitoring will be provided by ASTI and funded by the FRA. I Street The City will install median curb and barrier curb in accordance with the submittal drawing prepared by The Transpo Group. The BNSF will remove one crossing on each side of the mainline. Both crossing changes allow for moving existing crossing signal equipment closer to the mainline. This crossing will tentatively be monitored for portions of the pilot study. ASTI will provide monitoring. Other Issues The FRA and WSUTC noted our desire to shorten the study periods from 16 weeks to 8 weeks each, but they did not agree. The basis for the study period length is not related to the vehicle crossing volume but to the number of gate closures in a study period. The study period length must remain at 16 weeks for each of three periods. The median curb detailed in the Transpo submittal calls for 12" tall median curb. Mr. Ries and Mr. Rowswell indicate that 6" to 9" tall curb is preferred. We have no objections, final median height will be determined this month. A breakdown of estimated costs for participants follows on the next page: Page 2 Railroad Supplementary Safety Measures City Project 1813 City BNSF FRA I Street Safety $40,300 Measures Camera $40,000 Move Switch $16,500 Remove Crossing $5,000 Relocate Signal $40,000 $40,300 $61,500 $40,000 D Street Safety $38,300 Measures Camera $40,000 Move Switch $16,500 Remove Crossing $5,000 Relocate Signal $40,000 $38,300 $61,500 $40,000 Lincoln Avenue $0.00 $0.00 $0.00 B Street Safety $23,400 Measures $0.00 $0.00 Yakima Avenue Safety $20,700 Measures Camera New Gate $40,000 $20,700 $0.00 $40,000 Costs $122,700 $123,000 $120,000 The City project is budgeted in the "Cumulative Reserve for Capital Improvement Fund" (392) Page 3 z2 - T a -rrrcitelc.on_N_. Lam' St. Wauitt soaTLas posaihte_for their gtestsm. an undisturbed,SS w__peaceful night of sleep and in turn be able to bring in better revenues to the IiiULeis ell_h asthe-city. city. We -need ilr,nrediate attentioirirrbringing--abuut a quiet zone arnr tri-stre & L_ ntr yaufl L'your pick treti in_this -n .tter Ed wd22:TO 666T 20 °daS SST2017Z6OSI : '0N 6N0Hd 0lddd Q9JI : woad