HomeMy WebLinkAboutR-1991-D5875 Washington Central RailroadRESOLUTION NO. D-5875
A RESOLUTION authorizing the execution of three construction
and maintenance agreements for railroad -highway
grade crossing improvements.
WHEREAS, in the interest of public safety and motor
vehicle traffic safety, the City of Yakima desires to improve
three railroad -highway grade crossings located at North First
Street and "G" Street, North First Street and "H" Street, and
West "I" Street in Yakima, Washington; and
WHEREAS, the City of Yakima has an opportunity to obtain
state and federal funding for said railroad -highway grade
crossing improvements; and
WHEREAS, the Washington Central Railroad Company, Inc. is
willing to enter into the attached Construction and Mainte-
nance Agreements with the City of Yakima for said railroad -
highway grade crossing improvements; and
WHEREAS, the City Council deems it to be in the best
interest of the public and the City of Yakima to enter into
the attached Construction and Maintenance Agreements, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized
and directed to execute the three attached and incorporated
agreements entitled "Construction and Maintenance Agreement
Railroad -Highway Grade Crossing" with the Washington Central
Railroad Company, Inc.
ADOPTED BY THE CITY COUNCIL this 12th day of February ,
1991.
gt.e
Mayor
ATTEST:
City Clerk
(res/mntnce.rp)
CONSTRUCTION AND MAINTENANCE AGREEMENT
RAILROAD -HIGHWAY GRADE CROSSING
"G" St.
MP 0.59
Name o S ree
Mi e Pos
Loca ion
Yakima , WASHINGTON
(City or County Name)
THIS AGREEMENT, made this pp- day of , 1991 , by
and between the City of Yakima, Washington , hereinafter called
the "Local Agency," and the WASHINGTON CENTRAL RAILROAD COMPANY,
INC., hereinafter called the "Railway."
WITNESSETH:
WHEREAS, in the interest of public safety and motor vehicle traffic,
the Local Agency is improving a highway -railroad grade crossing
located at Nn_ First St. @ "G" St., in Yakima , Washington
as shown on Exhibit "A", attached hereto and made a part hereof; and
WHEREAS, the Railway is either unable or unwilling to perform the
construction of the crossing improvement project; and
WHEREAS, the parties hereto desire that the work to be performed by
the Local Agency in connection with said project be performed in
accordance with plan and specifications to be prepared by the Local
Agency; and
WHEREAS, the Local Agency is willing to undertake the construction of
said project with State and/or Local 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, there is certain work in connection with the project which
needs to be performed by the Railway and it is deemed by the parties
that it is in the best public interest for the Railway, as owners of
the track or tracks, to perform said work; and
WHEREAS, the parties hereto desire to contract with each other with
reference to the work to be performed by each of them in connection
with the project, specifically the protection of Railway facilities
and the payment of costs and expenses therein involved; and
WHEREAS, the Local Agency and the Railway agree that the Railway will
receive no benefits from the project; and
WHEREAS, the Local Agency is obligated to reimburse the Railway in
the manner herein described for all or part of the costs incurred by
the Railway in undertaking specific work as described in Article II.
1 Agreement Number �� !
NOW THEREFORE, in consideration of the terms, conditions, covenants
and performances herein contained or attached and incorporated and
made a part hereof, it is mutually agreed as follows:
I
This Agreement will be governed by the applicable sections of Title
23, U.S. Code, Highways; Federal -Aid Highway Program Manuals, Volume
6, Chapter 6, Section 2, Subsections 1 and 2; Volume 1, Chapter 4,
Section 3; Volume 1, Chapter 7, Section 2; and amendments thereto.
These references are incorporated hereby and made a part of this
Agreement for all intents and purposes as if fully set forth herein.
II
The Railway hereby grants to the Local Agency, its contractor and
successors, the right of entry on Railway right of way for all
purposes connected with the construction of the project as herein
described.
In addition, the Local Agency and the Railway shall perform the
various items of work as follows:
A. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE LOCAL
AGENCY OR ITS CONTRACTOR AT LOCAL AGENCY EXPENSE.
Except as otherwise herein provided, furnish all plans,
engineering, supervision, labor, material, supplies,
and equipment necessary for the construction of the
project.
B. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILWAY
AT LOCAL AGENCY EXPENSE.
1. Participate with the State and Local Agency in
meetings and discussions and furnishing data to
complete the final plans, specifications and
estimates prior to the Local Agency advertising of
the project.
2. Review and approve all plans and specifications and
contractors submittals to insure compliance with railroad
engineering specifications and operating practices.
3. Schedule train operations so as to minimize
disruptions to train operations and construction.
4. Participate in a "megger test" and a final "walk
- through" inspection of the system prior to final
acceptance of the contractor's work.
2 Agreement Number
5. Perform flagging and furnish protective services and
devices because of the operations of the Local
Agency or its contractor, when deemed necessary by
the Local Agency and Railway.
6. Training of Railway's personnel required as result
of the equipment installed under this project.
7. Perform preliminary, construction, and special
engineering and inspection, including field and
office work and preparation of bills.
8. Perform all other work not specifically mentioned,
but similar to the above work, to be performed by
the Railway necessary for the project to be
completed.
III
If the system includes motion sensing devices of a design not
familiar to our signal maintenance personnel, the vendor must provide
a reasonable training period in diagnosis and maintenance of the
system. Notice of training requirement will be given as part of the
plan review process.
IV
The Railway agrees not to commence work until receipt of notice to
begin work in writing by the Local Agency and that reimbursement will
be limited to those costs incurred subsequent to the date of such
notification.
V
The Local Agency, in consideration of the faithful performance of the
work to be done by the Railway, agrees to pay the Railway the lump
sum amount of Twenty Five hundred dollars ($2,500.00). The lump sum
amount shall be full payment for furnishing all labor, materials,
tools, and equipment necessary for the Railway to perform the work
shown in Article IIB. An itemized estimate of cost for work to be
done by the Railway at the Local Agency's expense marked Exhibit B is
attached hereto and by this reference made a part of this agreement.
Following execution of this Agreement, progress bills may be
submitted to the Local Agency to cover costs incurred, and the Local
Agency shall pay such progress billings promptly upon receipt.
Progress bills are not to be submitted more frequently than one (1)
per month.
The progress billing will be supported by a statement that describes
the work that was performed by the Railway during the billing period.
3 Agreement Number
Final billing shall be made by the Railway and furnished to the Local
Agency within ninety (90) calendar days of project completion, and
the Local Agency shall pay all eligible amounts of such bill, less
progress payments previously made.
During the progress of construction and for a period not less than
three years from the date of final payment to the Railway, the
records and accounts pertaining to the construction of the project
and accounting therefor are to be kept available for inspection and
audit by the state of Washington, Local Agency and/or Federal
Government, and copies of all records, accounts, documents or other
data pertaining to the project will be furnished upon request. If
any litigation, claim or audit is commenced, the records and accounts
along with supporting documentation shall be retained until all
litigation , claim, or audit finding has been resolved, even though
such litigation, claim or audit continues past the three-year
retention period.
VI
All contracts between the Local Agency and its contractor, either for
the construction herein provided or for maintenance work 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 or
using the Railway's right of way or line of railroad against all
loss, liability and damage arising from activities of the contractor,
its forces or any of its subcontractors or agents; and shall further
provide that the contractor shall:
A. Furnish to the Railway a Railroad Protective Policy in the form
provided by FHPM 6-6-2-2. The combined single limit of said policy
shall not be less than Two Million Dollars ($2,000,000) for all
damages arising out of bodily injuries to or death of any person or
persons and for all damages arising out of the loss or destruction of
or injury or damage to property in any one occurrence during the
policy period, and subject to that limit a total (or aggregate) limit
of not less than Six Million Dollars ($6,000,000) for all damages
during the policy period. Said insurance policy is to be executed by
a corporation qualified to write the same in Washington State, 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 contractor.
B. Carry regular Contractor's Public Liability and Property Damage
Insurance as specified in FHPM 6-6-2-2 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
4 Agreement Number
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 which specifically names the Railway as an
additional insured and contains a thirty (30) day advance written
notice to the Railway in the event of cancellation, nonrenewal or
material change of policy, and executed by a corporation qualified to
write the same in Washington State and 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 theRailway's property by
the contractor.
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 Local Agency in the
event its contractor or the insurance carriers fail to repair or
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 contractor shall
specifically and expressly agree 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 or damages, including
environmental damage, hazardous materials damage or penalties or
fines that may be assessed, caused 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 contractor shall further agree 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 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.
The Railway, will protect, save and hold harmless the Washington
State Department of Transportation and its authorized agents and
employees, and the Local Agency and its authorized agents and
employees, from all claims, actions, costs, damages or expenses of
any nature whatsoever by reason of the acts or omissions of the
Railway, its assigns, agents, contractors, licensees, invites,
employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this contract. The Railway
5 Agreement Number
further agrees to defend the Washington State Department of
Transportation and its agents or employees, and the Local Agency and
its authorized agents and employees, in any litigation, including
payment of any costs or attorney's fees, for any claims or actions
commenced thereon arising out of or in connection with acts or
activities authorized by this contract. This obligation shall not
include such claims, costs, damages or expenses which may be caused
by the sole negligence of the Washington State Department of
Transportation or its authorized agents or employees or the Local
Agency or its authorized agents or employees; Provided that, if the
claims or damages are caused by or result from the concurrent
negligence of (a) the Washington State Department of Transportation
or the Local Agency, its agents or employees, and (b) the Railway,
its agents or employees, and involves those actions covered by RCW
4.24.115, this indemnity provision shall be valid and enforceable
only to the extent of the negligence of the purchaser, its agents or
employees.
VII
If the Railway enters into a contract or agreement with a contractor
and/or consultant to perform any of the work which the Railway is
required to perform under the terms of this Agreement, the Railway,
for itself, its assigns and successors in interest, agrees that it
will not unlawfully discriminate in its choice of contractors and
will include all the nondiscrimination provisions set forth in
Exhibit "C" attached hereto and made a part hereof, in any such
contract or agreement.
The Railway agrees that it will follow the provisions of Title 23,
U.S. Code, Highways, Part 172 and Federal -Aid Highway Program Manual
Volume 1, Chapter 7, Section 2 when selecting the services of a
contractor and/or consultant.
The Railway also agrees to include all of the provisions of this
Agreement between the Railway and Local Agency in every contract and
subcontract or purchase order so that such provisions will be binding
upon each contractor, subcontractor or vendor.
The Railway's contract with the contractor and/or consultant is
subject to approval of the Washington State Department of
Transportation.
VIII
Upon completion of the project, the Local Agency, at its sole cost
and expense, shall maintain all improvements, other appurtenances,
advance warning signs, standard pavement markings and guardrails with
the exception of the crossing which will be maintained by the Railway
and Local Agency as provided by law.
6 Agreement Number
Upon completion 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.
IX
In the event the signal system installed under this agreement is
partially or wholly destroyed and the cost of repair or replacement
cannot be recovered from the person or persons responsible for such
destruction, then, in that event the cost of repair or replacement
shall be borne by the Local Agency and the Railway at the same ratio
under which the signals were installed.
In the event that either highway or railway changes will necessitate
revisions of the signals by rearrangement, replacement or additions
at the said location, the party whose changes cause said revisions
will bear the entire cost of the same without obligation to the
other.
X
If for any reason signals shall no longer be required at said grade
crossing, the Railway, on the approval of the Washington State
Department of Transportation and the Local Agency, may remove said
signals. If in the opinion of the Railway said signals are not
obsolete, they may, as agreed to by the Washington State Department
of Transportation and the Local Agency and the Railway under separate
agreement, be reinstalled at some other State or Local Agency
Highway -railroad grade crossing. If no other crossing is agreed upon
by the Washington State Department of Transportation and the Local
Agency and the Railway, and prescribed by public authority, the
Washington State Department of Transportation and the Local Agency
will be credited with the salvage value for the material not
previously replaced by the Railway during maintenance, less cost of
removal.
Ownership of the signals vests in the Railway or the Washington State
Department of Transportation or the Local Agency, whichever one paid
for the signals.
XI
Upon completion of the execution of this Agreement, the Railway
hereby grants the Washington State Department of Transportation and
the Local Agency the right of entry to the areas outlined in green on
said Exhibit "A" subject to conformance of the conditions stated in
Article VI of this Agreement.
7 Agreement Number
XII
This Agreement shall inure to the benefit of and be binding on the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the day and year first hereinabove written.
APPROVED AS TO FORM WASHINGTON CENTRAL RAILROAD
COMPANY, INC.
19 qr By:
it16 of Counsel for LA)
Title:
Date:
/ 02 /9 --990
City of Yakima
[ Local Agency]
BY : C C��°��
Richard A. Zais, Jr., City Manager
ATTEST: a a
City Clerk
'3" J CONTRACT W0,G I - i i /6 5) . S S' 76
8 Agreement Number cI l -1////D - s �7S
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EXHIBIT B
WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILWAY AT
LOCAL AGENCY EXPENSE.
1. Participate with the State and Local Agency in meetings and
discussions and furnishing data to complete the final plans,
specifications and estimates prior to the Local Agency advertising
of the project.
2. Review and approve all plans and specifications and contractors
submittals to insure compliance with railroad engineering
specifications and operating practices.
3. Schedule train operations so as to minimize disruptions to train
operations and construction.
4. Participate in a "megger test" and a final "walk-through"
inspection of the system prior to final acceptance of the
contractor's work.
5. Perform flagging and furnish protective services and devices
because of the operations of the Local Agency or its contractor,
when deemed necessary by the Local Agency and Railway.
6. Training of Railway's personnel required as result of the
equipment installed under this project.
7. Perform preliminary, construction, and special engineering and
inspection, including field and office work and preparation of
bills.
8. Perform all other work not specifically mentioned, but similar to
the above work, to be performed by the Railway necessary for the
project to be completed.
Labor Classification Rate per hour
Roadmaster - Engineer $34.00
Signalman $28.90
Laborer $20.40
Dispatcher $20.40
Flagman $20.40
Clerical $13.60
9 Agreement Number
EXHIBIT B
(Con"t)
SUMMARY OF COST
Item No. Quantity Unit Unit price
1
2
2 hours $34.00
4 hours $28.90
2 hours $34.00
2 hours $28.90
3 1 hour $34.00
1 hour $28.90
2 hours $28.90
4
5
6
10 hours $20.40
1 hour $34.00
3 hours $28.90
7 10 hours $34.00
20 hours $28.90
8 hours $13.60
8 2 hours $34.00
2 hours $28.90
Total
Total
Total
Total
labor (unit price includes overhead)
equipment, materials, and tools
travel and per diem cost
Lump Sum Price
Amount
$ 68.00
$115.60
$ 68.00
$ 57.80
$ 34.00
$ 28.90
$ 57.80
$204.00
$ 34.00
$ 86.70
$340.00
$578.00
$108.80
$ 68.00
$ 57.80
$1,907.40
$ 400.00
$ 192.60
$2,500.00
The Railway will perform the above work for the lump
twenty five hundred dollars ($2,500.00). The lump s
be full payment for furnishing all labor, materials,
equipment, and incidentals necessary for the Railway
work.
sum amount of
um amount shall
tools,
to perform the
10 Agreement Number
EXHIBIT C
Nondiscrimination Provisions of Title VI 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 Regulations: The Contractor will comply with
the regulations of the Department of Transportation relative to
nondiscrimination in federally assisted programs of the
Department of Transportation (Title 49, Code of Federal
Regulations, Part 21, hereinafter referred to as the
"Regulations"), which are herein incorporated by reference and
made a part of this contract.
*2. Nondiscrimination: The Contractor, with regard to the work
performed by it after award and prior to completion of the
contract work, will not discriminate on the grounds of race,
color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases
of equipment. The Contractor will not participate either
directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendices "A",
"B"0 and "C".
3. Solicitations for Subcontracts, Including Procurements of
Materials and Equipment: In all solicitations either by
competitive bidding or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements
of materials or equipment, each potential subcontractor or
supplier shall be notified by the Contractor of the Contractor's
obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national
origin.
4. Information and Reports: The Contractor will provide all
information and reports required by the Regulations or orders
and instructions issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information,
and its facilities as may be determined by the State Highway
Department or the Federal Highway Administration to be pertinent
to ascertain compliance with such Regulations, orders, and
instructions. Where any information required of a Contractor is
in the exclusive possession of another who fails or refuses to
furnish this information, the Contractor shall so certify to the
State Highway Department or the Federal Highway Administration
as appropriate and shall set forth what efforts it has made to
obtain the information.
11 Agreement Number
EXHIBIT C
(Con't)
5. Sanctions for Noncompliance: In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this
contract, the State Highway Department shall impose such
contract sanctions as it or the Federal Highway Administration
may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the
contract until the Contractor complies, and/or
b. Cancellation, termination, or suspension of the contract,
in whole or in part.
6. Incorporation of Provisions: The Contractor will include the
provisions of paragraphs 1 through 6 in every subcontract,
including procurements of materials and leases of equipment,
unless exempt by the Regulations, orders, or instructions issued
pursuant thereto. The Contractor will take such action with
respect to any subcontract or procurement as the State Highway
Department or the Federal Highway Administration may direct as a
means of enforcing such provisions including 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 of the United
States.
* PROHIBITION OF DISCRIMINATION ON THE BASIS OF SEX.
Sec. 162. (a) Chapter 3 of Title 23, United State Code, is
amended by adding at the end thereof the following new section:
S 324, Prohibition of discrimination on the basis of sex.
No person shall on the ground of sex be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal
assistance under this title or carried on under this title.
This provision will be enforced through agency provisions and
rules similar to those already established, with respect to
racial and other discrimination, under Title VI of the Civil
Rights Act of 1964. However, this remedy is not exclusive and
will not prejudice or cut off any other legal remedies available
to a discriminatee.
12 Agreement Number
CONSTRUCTION AND MAINTENANCE AGREEMENT
RAILROAD -HIGHWAY GRADE CROSSING
No. First St. @
"H" St., MP 6.7
(Name of Street,
Yakima
Mile Post Location)
(City or
, WASHINGTON
County Name)
THIS AGREEMENT, made this l`-//4- day of -e_� r , 19°H , by
and between the City of Yakima, Washington , hereinafter called
the "Local Agency," and the WASHINGTON CENTRAL RAILROAD COMPANY,
INC., hereinafter called the "Railway."
W ITNESSET H:
WHEREAS, in the interest of public safety and motor vehicle traffic,
the Local Agency is improving a highway -railroad grade crossing
located at No. First St. @ "H" St., in Yakima , Washington
as shown on Exhibit "A", attached hereto and made a part hereof; and
WHEREAS, the Railway is either unable or unwilling to perform the
construction of the crossing improvement project; and
WHEREAS, the parties hereto desire that the work to be performed by
the Local Agency in connection with said project be performed in
accordance with plan and specifications to be prepared by the Local
Agency; and
WHEREAS, the Local Agency is willing to undertake the construction of
said project with State and/or Local 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, there is certain work in connection with the project which
needs to be performed by the Railway and it is deemed by the parties
that it is in the best public interest for the Railway, as owners of
the track or tracks, to perform said work; and
WHEREAS, the parties hereto desire to contract with each other with
reference to the work to be performed by each of them in connection
with the project, specifically the protection of Railway facilities
and the payment of costs and expenses therein involved; and
WHEREAS, the Local Agency and the Railway agree that the Railway will
receive no benefits from the project; and
WHEREAS, the Local Agency is obligated to reimburse the Railway in
the manner herein described for all or part of the costs incurred by
the Railway in undertaking specific work as described in Article II.
1 Agreement Number
NOW THEREFORE, in consideration of the terms, conditions, covenants
and performances herein contained or attached and incorporated and
made a part hereof, it is mutually agreed as follows:
I
This Agreement will be governed by the applicable sections of Title
23, U.S. Code, Highways; Federal -Aid Highway Program Manuals, Volume
6, Chapter 6, Section 2, Subsections 1 and 2; Volume 1, Chapter 4,
Section 3; Volume 1, Chapter 7, Section 2; and amendments thereto.
These references are incorporated hereby and made a part of this
Agreement for all intents and purposes as if fully set forth herein.
II
The Railway hereby grants to the Local Agency, its contractor and
successors, the right of entry on Railway right of way for all
purposes connected with the construction of the project as herein
described.
In addition, the Local Agency and the Railway shall perform the
various items of work as follows:
A. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE LOCAL
AGENCY OR ITS CONTRACTOR AT LOCAL AGENCY EXPENSE.
Except as otherwise herein provided, furnish all plans,
engineering, supervision, labor, material, supplies,
and equipment necessary for the construction of the
project.
B. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILWAY
AT LOCAL AGENCY EXPENSE.
1. Participate with the State and Local Agency in
meetings and discussions and furnishing data to
complete the final plans, specifications and
estimates prior to the Local Agency advertising of
the project.
2. Review and approve all plans and specifications and
contractors submittals to insure compliance with railroad
engineering specifications and operating practices.
3. Schedule train operations so as to minimize
disruptions to train operations and construction.
4. Participate in a "megger test" and a final "walk
- through" inspection of the system prior to final
acceptance of the contractor's work.
2 Agreement Number
5. Perform flagging and furnish protective services and
devices because of the operations of the Local
Agency or its contractor, when deemed necessary by
the Local Agency and Railway.
6. Training of Railway's personnel required as result
of the equipment installed under this project.
7. Perform preliminary, construction, and special
engineering and inspection, including field and
office work and preparation of bills.
8. Perform all other work not specifically mentioned,
but similar to the above work, to be performed by
the Railway necessary for the project to be
completed.
III
If the system includes motion sensing devices of a design not
familiar to our signal maintenance personnel, the vendor must provide
a reasonable training period in diagnosis and maintenance of the
system. Notice of training requirement will be given as part of the
plan review process.
IV
The Railway agrees not to commence work until receipt of notice to
begin work in writing by the Local Agency and that reimbursement will
be limited to those costs incurred subsequent to the date of such
notification.
V
The Local Agency, in consideration of the faithful performance of the
work to be done by the Railway, agrees to pay the Railway the lump
sum amount of Twenty Five hundred dollars ($2,500.00). The lump sum
amount shall be full payment for furnishing all labor, materials,
tools, and equipment necessary for the Railway to perform the work
shown in Article IIB. An itemized estimate of cost for work to be
done by the Railway at the Local Agency's expense marked Exhibit B is
attached hereto and by this reference made a part of this agreement.
Following execution of this Agreement, progress bills may be
submitted to the Local Agency to cover costs incurred, and the Local
Agency shall pay such progress billings promptly upon receipt.
Progress bills are not to be submitted more frequently than one (1)
per month.
The progress billing will be supported by a statement that describes
the work that was performed by the Railway during the billing period.
3 Agreement Number
Final billing shall be made by the Railway and furnished to the Local
Agency within ninety (90) calendar days of project completion, and
the Local Agency shall pay all eligible amounts of such bill, less
progress payments previously made.
During the progress of construction and for a period not less than
three years from the date of final payment to the Railway, the
records and accounts pertaining to the construction of the project
and accounting therefor are to be kept available for inspection and
audit by the state of Washington, Local Agency and/or Federal
Government, and copies of all records, accounts, documents or other
data pertaining to the project will be furnished upon request. If
any litigation, claim or audit finding has been resolved, even though
such litigation, claim or audit continues past the three-year
retention period.
VI
All contracts between the Local Agency and its contractor, either for
the construction herein provided or for maintenance work 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 or
using the Railway's right of way or line of railroad against all
loss, liability and damage arising from activities of the contractor,
its forces or any of its subcontractors or agents; and shall further
provide that the contractor shall:
A. Furnish to the Railway a Railroad Protective Policy in the form
provided by FHPM 6-6-2-2. The combined single limit of said policy
shall not be less than Two Million Dollars ($2,000,000) for all
damages arising out of bodily injuries to or death of any person or
persons and for all damages arising out of the loss or destruction of
or injury or damage to property in any one occurrence during the
policy period, and subject to that limit a total (or aggregate) limit
of not less than Six Million Dollars ($6,000,000) for all damages
during the policy period. Said insurance policy is to be executed by
a corporation qualified to write the same in Washington State, 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 contractor.
B. Carry regular Contractor's Public Liability and Property Damage
Insurance as specified in FHPM 6-6-2-2 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
4 Agreement Number
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 which specifically names the Railway as an
additional insured and contains a thirty (30) day advance written
notice to the Railway in the event of cancellation, nonrenewal or
material change of policy, and executed by a corporation qualified to
write the same in Washington State and 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 theRailway's property by
the contractor.
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 Local Agency in the
event its contractor or the insurance carriers fail to repair or
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 contractor shall
specifically and expressly agree 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 or damages, including
environmental damage, hazardous materials damage or penalties or
fines that may be assessed, caused 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 contractor shall further agree 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 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.
The Railway, will protect, save and hold harmless the Washington
State Department of Transportation and its authorized agents and
employees, and the Local Agency and its authorized agents and
employees, from all claims, actions, costs, damages or expenses of
any nature whatsoever by reason of the acts or omissions of the
Railway, its assigns, agents, contractors, licensees, invites,
employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this contract. The Railway
5 Agreement Number
further agrees to defend the Washington State Department of
Transportation and its agents or employees, and the Local Agency and
its authorized agents and employees, in any litigation, including
payment of any costs or attorney's fees, for any claims or actions
commenced thereon arising out of or in connection with acts or
activities authorized by this contract. This obligation shall not
include such claims, costs, damages or expenses which may be caused
by the sole negligence of the Washington State Department of
Transportation or its authorized agents or employees or the Local
Agency or its authorized agents or employees; Provided that, if the
claims or damages are caused by or result from the concurrent
negligence of (a) the Washington State Department of Transportation
or the Local Agency, its agents or employees, and (b) the Railway,
its agents or employees, and involves those actions covered by RCW
4.24.115, this indemnity provision shall be valid and enforceable
only to the extent of the negligence of the purchaser, its agents or
employees.
VII
If the Railway enters into a contract or agreement with a contractor
and/or consultant to perform any of the work which the Railway is
required to perform under the terms of this Agreement, the Railway,
for itself, its assigns and successors in interest, agrees that it
will not unlawfully discriminate in its choice of contractors and
will include all the nondiscrimination provisions set forth in
Exhibit "C" attached hereto and made a part hereof, in any such
contract or agreement.
The Railway agrees that it will follow the provisions of Title 23,
U.S. Code, Highways, Part 172 and Federal -Aid Highway Program Manual
Volume 1, Chapter 7, Section 2 when selecting the services of a
contractor and/or consultant.
The Railway also agrees to include all of the provisions of this
Agreement between the Railway and Local Agency in every contract and
subcontract or purchase order so that such provisions will be binding
upon each contractor, subcontractor or vendor.
The Railway's contract with the contractor and/or consultant is
subject to approval of the Washington State Department of
Transportation.
VIII
Upon completion of the project, the Local Agency, at its sole cost
and expense, shall maintain all improvements, other appurtenances,
advance warning signs, standard pavement markings and guardrails with
the exception of the crossing which will be maintained by the Railway
and Local Agency as provided by law.
6 Agreement Number
Upon completion 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.
IX
In the event the signal system installed under this agreement is
partially or wholly destroyed and the cost of repair or replacement
cannot be recovered from the person or persons responsible for such
destruction, then, in that event the cost of repair or replacement
shall be borne by the Local Agency and the Railway at the same ratio
under which the signals were installed.
In the event that either highway or railway changes will necessitate
revisions of the signals by rearrangement, replacement or additions
at the said location, the party whose changes cause said revisions
will bear the entire cost of the same without obligation to the
other.
X
If for any reason signals shall no longer be required at said grade
crossing, the Railway, on the approval of the Washington State
Department of Transportation and the Local Agency, may remove said
signals. If in the opinion of the Railway said signals are not
obsolete, they may, as agreed to by the Washington State Department
of Transportation and the Local Agency and the Railway under separate
agreement, be reinstalled at some other State or Local Agency
Highway -railroad grade crossing. If no other crossing is agreed upon
by the Washington State Department of Transportation and the Local
Agency and the Railway, and prescribed by public authority, the
Washington State Department of Transportation and the Local Agency
will be credited with the salvage value for the material not
previously replaced by the Railway during maintenance, less cost of
removal.
Ownership of the signals vests in the Railway or the Washington State
Department of Transportation or the Local Agency, whichever one paid
for the signals.
XI
Upon completion of the execution of this Agreement, the Railway
hereby grants the Washington State Department of Transportation and
the Local Agency the right of entry to the areas outlined in green on
said Exhibit "A" subject to conformance of the conditions stated in
Article VI of this Agreement.
7 Agreement Number
XII
This Agreement shall inure to the benefit of and be binding on the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the day and year first hereinabove written.
APPROVED AS TO FORM WASHINGTON CENTRAL RAILROAD
COMPANY, INC.
_2--( 199/ By:
���a•-�-
Title:
(Title of Counsel for LA)
Date:
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City of Yakima
[Local Agepcy]
By:
Richard A. Zais, 9r., City Manager
ATTEST. / Crr,�
City Clerk
8 Agreement Number G/ -/QA -5g 75
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EXHIBIT B
WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILWAY AT
LOCAL AGENCY EXPENSE.
1. Participate with the State and Local Agency in meetings and
discussions and furnishing data to complete the final plans,
specifications and estimates prior to the Local Agency advertising
of the project.
2. Review and approve all plans and specifications and contractors
submittals to insure compliance with railroad engineering
specifications and operating practices.
3. Schedule train operations so as to minimize disruptions to train
operations and construction.
4. Participate in a "megger test" and a final "walk-through"
inspection of the system prior to final acceptance of the
contractor's work.
5. Perform flagging and furnish protective services and devices
because of the operations of the Local Agency or its contractor,
when deemed necessary by the Local Agency and Railway.
6. Training of Railway's personnel required as result of the
equipment installed under this project.
7. Perform preliminary, construction, and special engineering and
inspection, including field and office work and preparation of
bills.
8. Perform all other work not specifically mentioned, but similar to
the above work, to be performed by the Railway necessary for the
project to be completed.
Labor Classification Rate per hour
Roadmaster - Engineer $34.00
Signalman $28.90
Laborer $20.40
Dispatcher $20.40
Flagman $20.40
Clerical $13.60
9 Agreement Number
EXHIBIT B
(Con"t)
SUMMARY OF COST
Item No. Ouantity Unit Unit price Amount
1 2 hours $34.00 $ 68.00
4 hours $28.90 $115.60
2 2 hours $34.00 $ 68.00
2 hours $28.90 $ 57.80
3 1 hour $34.00 $ 34.00
1 hour $28.90 $ 28.90
4 2 hours $28.90 $ 57.80
5 10 hours $20.40 $204.00
6 1 hour $34.00 $ 34.00
3 hours $28.90 $ 86.70
7 10 hours $34.00 $340.00
20 hours $28.90 $578.00
8 hours $13.60 $108.80
8 2 hours $34.00 $ 68.00
2 hours $28.90 $ 57.80
Total labor (unit price includes overhead)
Total equipment, materials, and tools
Total travel and per diem cost
Total Lump Sum Price
$1,907.40
$ 400.00
$ 192.60
$2,500.00
The Railway will perform the above work for the lump sum amount of
twenty five hundred dollars ($2,500.00). The lump sum amount shall
be full payment for furnishing all labor, materials, tools,
equipment, and incidentals necessary for the Railway to perform the
work.
10 Agreement Number
EXHIBIT C
Nondiscrimination Provisions of Title VI 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 Regulations: The Contractor will comply with
the regulations of the Department of Transportation relative to
nondiscrimination in federally assisted programs of the
Department of Transportation (Title 49, Code of Federal
Regulations, Part 21, hereinafter referred to as the
"Regulations"), which are herein incorporated by reference and
made a part of this contract.
*2. Nondiscrimination: The Contractor, with regard to the work
performed by it after award and prior to completion of the
contract work, will not discriminate on the grounds of race,
color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases
of equipment. The Contractor will not participate either
directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendices "A",
"B", and "C".
3. Solicitations for Subcontracts, Including Procurements of
Materials and Equipment: In all solicitations either by
competitive bidding or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements
of materials or equipment, each potential subcontractor or
supplier shall be notified by the Contractor of the Contractor's
obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national
origin.
4. Information and Reports: The Contractor will provide all
information and reports required by the Regulations or orders
and instructions issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information,
and its facilities as may be determined by the State Highway
Department or the Federal Highway Administration to be pertinent
to ascertain compliance with such Regulations, orders, and
instructions. Where any information required of a Contractor is
in the exclusive possession of another who fails or refuses to
furnish this information, the Contractor shall so certify to the
State Highway Department or the Federal Highway Administration
as appropriate and shall set forth what efforts it has made to
obtain the information.
11 Agreement Number
EXHIBIT C
(Con't)
5. Sanctions for Noncompliance: In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this
contract, the State Highway Department shall impose such
contract sanctions as it or the Federal Highway Administration
may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the
contract until the Contractor complies, and/or
b. Cancellation, termination, or suspension of the contract,
in whole or in part.
6. Incorporation of Provisions: The Contractor will include the
provisions of paragraphs 1 through 6 in every subcontract,
including procurements of materials and leases of equipment,
unless exempt by the Regulations, orders, or instructions issued
pursuant thereto. The Contractor will take such action with
respect to any subcontract or procurement as the State Highway
Department or the Federal Highway Administration may direct as a
means of enforcing such provisions including 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 of the United
States.
* PROHIBITION OF DISCRIMINATION ON THE BASIS OF SEX.
Sec. 162. (a) Chapter 3 of Title 23, United State Code, is
amended by adding at the end thereof the following new section:
S 324, Prohibition of discrimination on the basis of sex.
No person shall on the ground of sex be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal
assistance under this title or carried on under this title.
This provision will be enforced through agency provisions and
rules similar to those already established, with respect to
racial and other discrimination, under Title VI of the Civil
Rights Act of 1964. However, this remedy is not exclusive and
will not prejudice or cut off any other legal remedies available
to a discriminatee.
12 Agreement Number
CONSTRUCTION AND MAINTENANCE AGREEMENT
RAILROAD -HIGHWAY GRADE CROSSING
West "I" Street MP 91.00
(Name of Street, Mile Post Location)
Yakima , WASHINGTON
(City or County Name)
THIS AGREEMENT, made this !Tr- day of `9--e.br�A-+-j , 19q/ , by
and between the city of Yakima, Washington , hereinafter called
the "Local Agency," and the WASHINGTON CENTRAL RAILROAD COMPANY,
INC., hereinafter called the "Railway."
WITNESSETH:
WHEREAS, in the interest of public safety and motor vehicle traffic,
the Local Agency is improving a highway -railroad grade crossing
located at West "I" Street, in Yakima , Washington
as shown on Exhibit "A", attached hereto and made a part hereof; and
WHEREAS, the Railway is either unable or unwilling to perform the
construction of the crossing improvement project; and
WHEREAS, the parties hereto desire that the work to be performed by
the Local Agency in connection with said project be performed in
accordance with plan and specifications to be prepared by the Local
Agency; and
WHEREAS, the Local Agency is willing to undertake the construction of
said project with State and/or Local 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, there is certain work in connection with the project which
needs to be performed by the Railway and it is deemed by the parties
that it is in the best public interest for the Railway, as owners of
the track or tracks, to perform said work; and
WHEREAS, the parties hereto desire to contract with each other with
reference to the work to be performed by each of them in connection
with the project, specifically the protection of Railway facilities
and the payment of costs and expenses therein involved; and
WHEREAS, the Local Agency and the Railway agree that the Railway will
receive no benefits from the project; and
WHEREAS, the Local Agency is obligated to reimburse the Railway in
the manner herein described for all or part of the costs incurred by
the Railway in undertaking specific work as described in Article II.
1 Agreement Number
NOW THEREFORE, in consideration of the terms, conditions, covenants
and performances herein contained or attached and incorporated and
made a part hereof, it is mutually agreed as follows:
I
This Agreement will be governed by the applicable sections of Title
23, U.S. Code, Highways; Federal -Aid Highway Program Manuals, Volume
6, Chapter 6, Section 2, Subsections 1 and 2; Volume 1, Chapter 4,
Section 3; Volume 1, Chapter 7, Section 2; and amendments thereto.
These references are incorporated hereby and made a part of this
Agreement for all intents and purposes as if fully set forth herein.
II
The Railway hereby grants to the Local Agency, its contractor and
successors, the right of entry on Railway right of way for all
purposes connected with the construction of the project as herein
described.
In addition, the Local Agency and the Railway shall perform the
various items of work as follows:
A. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE LOCAL
AGENCY OR ITS CONTRACTOR AT LOCAL AGENCY EXPENSE.
Except as otherwise herein provided, furnish all plans,
engineering, supervision, labor, material, supplies,
and equipment necessary for the construction of the
project.
B. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILWAY
AT LOCAL AGENCY EXPENSE.
1. Participate with the State and Local Agency in
meetings and discussions and furnishing data to
complete the final plans, specifications and
estimates prior to the Local Agency advertising of
the project.
2. Review and approve all plans and specifications and
contractors submittals to insure compliance with railroad
engineering specifications and operating practices.
3. Schedule train operations so as to minimize
disruptions to train operations and construction.
4. Participate in a "megger test" and a final "walk
- through" inspection of the system prior to final
acceptance of the contractor's work.
2 Agreement Number
5. Perform flagging and furnish protective services and
devices because of the operations of the Local
Agency or its contractor, when deemed necessary by
the Local Agency and Railway.
6. Training of Railway's personnel required as result
of the equipment installed under this project.
7. Perform preliminary, construction, and special
engineering and inspection, including field and
office work and preparation of bills.
8. Perform all other work not specifically mentioned,
but similar to the above work, to be performed by
the Railway necessary for the project to be
completed.
III
If the system includes motion sensing devices of a design not
familiar to our signal maintenance personnel, the vendor must provide
a reasonable training period in diagnosis and maintenance of the
system. Notice of training requirement will be given as part of the
plan review process.
IV
The Railway agrees not to commence work until receipt of notice to
begin work in writing by the Local Agency and that reimbursement will
be limited to those costs incurred subsequent to the date of such
notification.
V
The Local Agency, in consideration of the faithful performance of the
work to be done by the Railway, agrees to pay the Railway the lump
sum amount of Twenty Five hundred dollars ($2,500.00). The lump sum
amount shall be full payment for furnishing all labor, materials,
tools, and equipment necessary for the Railway to perform the work
shown in Article IIB. An itemized estimate of cost for work to be
done by the Railway at the Local Agency's expense marked Exhibit B is
attached hereto and by this reference made a part of this agreement.
Following execution of this Agreement, progress bills may be
submitted to the Local Agency to cover costs incurred, and the Local
Agency shall pay such progress billings promptly upon receipt.
Progress bills are not to be submitted more frequently than one (1)
per month.
The progress billing will be supported by a statement that describes
the work that was performed by the Railway during the billing period.
3 Agreement Number
Final billing shall be made by the Railway and furnished to the Local
Agency within ninety (90) calendar days of project completion, and
the Local Agency shall pay all eligible amounts of such bill, less
progress payments previously made.
During the progress of construction and for a period not less than
three years from the date of final payment to the Railway, the
records and accounts pertaining to the construction of the project
and accounting therefor are to be kept available for inspection and
audit by the state of Washington, Local Agency and/or Federal
Government, and copies of all records, accounts, documents or other
data pertaining to the project will be furnished upon request. If
any litigation, claim or audit is commenced, the records and accounts
along with supporting documentation shall be retained until all
litigation , claim, or audit finding has been resolved, even though
such litigation, claim or audit continues past the three-year
retention period.
VI
All contracts between the Local Agency and its contractor, either for
the construction herein provided or for maintenance work 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 or
using the Railway's right of way or line of railroad against all
loss, liability and damage arising from activities of the contractor,
its forces or any of its subcontractors or agents; and shall further
provide that the contractor shall:
A. Furnish to the Railway a Railroad Protective Policy in the form
provided by FHPM 6-6-2-2. The combined single limit of said policy
shall not be less than Two Million Dollars ($2,000,000) for all
damages arising out of bodily injuries to or death of any person or
persons and for all damages arising out of the loss or destruction of
or injury or damage to property in any one occurrence during the
policy period, and subject to that limit a total (or aggregate) limit
of not less than Six Million Dollars ($6,000,000) for all damages
during the policy period. Said insurance policy is to be executed by
a corporation qualified to write the same in Washington State, 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 contractor.
B. Carry regular Contractor's Public Liability and Property Damage
Insurance as specified in FHPM 6-6-2-2 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
4 Agreement Number
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 which specifically names the Railway as an
additional insured and contains a thirty (30) day advance written
notice to the Railway in the event of cancellation, nonrenewal or
material change of policy, and executed by a corporation qualified to
write the same in Washington State and 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 theRailway's property by
the contractor.
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 Local Agency in the
event its contractor or the insurance carriers fail to repair or
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 contractor shall
specifically and expressly agree 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 or damages, including
environmental damage, hazardous materials damage or penalties or
fines that may be assessed, caused 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 contractor shall further agree 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 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.
The Railway, will protect, save and hold harmless the Washington
State Department of Transportation and its authorized agents and
employees, and the Local Agency and its authorized agents and
employees, from all claims, actions, costs, damages or expenses of
any nature whatsoever by reason of the acts or omissions of the
Railway, its assigns, agents, contractors, licensees, invites,
employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this contract. The Railway
5 Agreement Number
further agrees to defend the Washington State Department of
Transportation and its agents or employees, and the Local Agency and
its authorized agents and employees, in any litigation, including
payment of any costs or attorney's fees, for any claims or actions
commenced thereon arising out of or in connection with acts or
activities authorized by this contract. This obligation shall not
include such claims, costs, damages or expenses which may be caused
by the sole negligence of the Washington State Department of
Transportation or its authorized agents or employees or the Local
Agency or its authorized agents or employees; Provided that, if the
claims or damages are caused by or result from the concurrent
negligence of (a) the Washington State Department of Transportation
or the Local Agency, its agents or employees, and (b) the Railway,
its agents or employees, and involves those actions covered by RCW
4.24.115, this indemnity provision shall be valid and enforceable
only to the extent of the negligence of the purchaser, its agents or
employees.
VII
If the Railway enters into a contract or agreement with a contractor
and/or consultant to perform any of the work which the Railway is
required to perform under the terms of this Agreement, the Railway,
for itself, its assigns and successors in interest, agrees that it
will not unlawfully discriminate in its choice of contractors and
will include all the nondiscrimination provisions set forth in
Exhibit "C" attached hereto and made a part hereof, in any such
contract or agreement.
The Railway agrees that it will follow the provisions of Title 23,
U.S. Code, Highways, Part 172 and Federal -Aid Highway Program Manual
Volume 1, Chapter 7, Section 2 when selecting the services of a
contractor and/or consultant.
The Railway also agrees to include all of the provisions of this
Agreement between the Railway and Local Agency in every contract and
subcontract or purchase order so that such provisions will be binding
upon each contractor, subcontractor or vendor.
The Railway's contract with the contractor and/or consultant is
subject to approval of the Washington State Department of
Transportation.
VIII
Upon completion of the project, the Local Agency, at its sole cost
and expense, shall maintain all improvements, other appurtenances,
advance warning signs, standard pavement markings and guardrails with
the exception of the crossing which will be maintained by the Railway
and Local Agency as provided by law.
6 Agreement Number
Upon completion 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.
IX
In the event the signal system installed under this agreement is
partially or wholly destroyed and the cost of repair or replacement
cannot be recovered from the person or persons responsible for such
destruction, then, in that event the cost of repair or replacement
shall be borne by the Local Agency and the Railway at the same ratio
under which the signals were installed.
In the event that either highway or railway changes will necessitate
revisions of the signals by rearrangement, replacement or additions
at the said location, the party whose changes cause said revisions
will bear the entire cost of the same without obligation to the
other.
X
If for any reason signals shall no longer be required at said grade
crossing, the Railway, on the approval of the Washington State
Department of Transportation and the Local Agency, may remove said
signals. If in the opinion of the Railway said signals are not
obsolete, they may, as agreed to by the Washington State Department
of Transportation and the Local Agency and the Railway under separate
agreement, be reinstalled at some other State or Local Agency
Highway -railroad grade crossing. If no other crossing is agreed upon
by the Washington State Department of Transportation and the Local
Agency and the Railway, and prescribed by public authority, the
Washington State Department of Transportation and the Local Agency
will be credited with the salvage value for the material not
previously replaced by the Railway during maintenance, less cost of
removal.
Ownership of the signals vests in the Railway or the Washington State
Department of Transportation or the Local Agency, whichever one paid
for the signals.
XI
Upon completion of the execution of this Agreement, the Railway
hereby grants the Washington State Department of Transportation and
the Local Agency the right of entry to the areas outlined in green on
said Exhibit "A" subject to conformance of the conditions stated in
Article VI of this Agreement.
7 Agreement Number
XII
This Agreement shall inure to the benefit of and be binding on the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the day and year first hereinabove written.
APPROVED AS TO FORM WASHINGTON CENTRAL RAILROAD
COMPANY, INC.
1 O / By:
Title:
(T of Counsel for LA)
Date:
City of Yakima
-- 9&
[Local Aggncy]
By:
Richard A. Zais, Jr., City Manager
ATTEST: Ki r- /--4€ C k11
City Clerk
8 Agreement Number qr- i3/6 -5 S -2
VICINITY MAP
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EXHIBIT "A"
SHEET..............................OF ..
........................... *
EXHIBIT B
WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILWAY AT
LOCAL AGENCY EXPENSE.
1. Participate with the State and Local Agency in meetings and
discussions and furnishing data to complete the final plans,
specifications and estimates prior to the Local Agency advertising
of the project.
2. Review and approve all plans and specifications and contractors
submittals to insure compliance with railroad engineering
specifications and operating practices.
3. Schedule train operations so as to minimize disruptions to train
operations and construction.
4. Participate in a "megger test" and a final "walk-through"
inspection of the system prior to final acceptance of the
contractor's work.
5. Perform flagging and furnish protective services and devices
because of the operations of the Local Agency or its contractor,
when deemed necessary by the Local Agency and Railway.
6. Training of Railway's personnel required as result of the
equipment installed under this project.
7. Perform preliminary, construction, and special engineering and
inspection, including field and office work and preparation of
bills.
8. Perform all other work not specifically mentioned, but similar to
the above work, to be performed by the Railway necessary for the
project to be completed.
Labor Classification Rate per hour
Roadmaster - Engineer $34.00
Signalman $28.90
Laborer $20.40
Dispatcher $20.40
Flagman $20.40
Clerical $13.60
9 Agreement Number
EXHIBIT B
(Con"t)
SUMMARY OF COST
Item No. Quantity Unit Unit price
1
2
2 hours $34.00
4 hours $28.90
2 hours $34.00
2 hours $28.90
3 1 hour $34.00
1 hour $28.90
2 hours $28.90
4
5
6
10 hours $20.40
1 hour $34.00
3 hours $28.90
7 10 hours $34.00
20 hours $28.90
8 hours $13.60
8 2 hours $34.00
2 hours $28.90
Total
Total
Total
Total
labor (unit price includes overhead)
equipment, materials, and tools
travel and per diem cost
Lump Sum Price
Amount
$ 68.00
$115.60
$ 68.00
$ 57.80
$ 34.00
$ 28.90
$ 57.80
$204.00
$ 34.00
$ 86.70
$340.00
$578.00
$108.80
$ 68.00
$ 57.80
$1,907.40
$ 400.00
$ 192.60
$2,500.00
The Railway will perform the above work for the lump
twenty five hundred dollars ($2,500.00). The lump su
be full payment for furnishing all labor, materials,
equipment, and incidentals necessary for the Railway
work.
sum amount of
m amount shall
tools,
to perform the
10 Agreement Number
EXHIBIT C
Nondiscrimination Provisions of Title VI
1964.
During the performance of this contract,
its assignees and successors in interest
the "Contractor"), agrees as follows:
of the Civil Rights Act of
the contractor, for itself,
(hereinafter referred to as
1. Compliance with Regulations: The Contractor will comply with
the regulations of the Department of Transportation relative to
nondiscrimination in federally assisted programs of the
Department of Transportation (Title 49, Code of Federal
Regulations, Part 21, hereinafter referred to as the
"Regulations"), which are herein incorporated by reference and
made a part of this contract.
*2. Nondiscrimination: The Contractor, with regard to the work
performed by it after award and prior to completion of the
contract work, will not discriminate on the grounds of race,
color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases
of equipment. The Contractor will not participate either
directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendices "A",
"B", and "C".
3. Solicitations for Subcontracts, Including Procurements of
Materials and Equipment: In all solicitations either by
competitive bidding or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements
of materials or equipment, each potential subcontractor or
supplier shall be notified by the Contractor of the Contractor's
obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national
origin.
4. Information and Reports: The Contractor will provide all
information and reports required by the Regulations or orders
and instructions issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information,
and its facilities as may be determined by the State Highway
Department or the Federal Highway Administration to be pertinent
to ascertain compliance with such Regulations, orders, and
instructions. Where any information required of a Contractor is
in the exclusive possession of another who fails or refuses to
furnish this information, the Contractor shall so certify to the
State Highway Department or the Federal Highway Administration
as appropriate and shall set forth what efforts it has made to
obtain the information.
11 Agreement Number
EXHIBIT C
(Con't)
5. Sanctions for Noncompliance: In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this
contract, the State Highway Department shall impose such
contract sanctions as it or the Federal Highway Administration
may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the
contract until the Contractor complies, and/or
b. Cancellation, termination, or suspension of the contract,
in whole or in part.
6. Incorporation of Provisions: The Contractor will include the
provisions of paragraphs 1 through 6 in every subcontract,
including procurements of materials and leases of equipment,
unless exempt by the Regulations, orders, or instructions issued
pursuant thereto. The Contractor will take such action with
respect to any subcontract or procurement as the State Highway
Department or the Federal Highway Administration may direct as a
means of enforcing such provisions including 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 of the United
States.
* PROHIBITION OF DISCRIMINATION ON THE BASIS OF SEX.
Sec. 162. (a) Chapter 3 of Title 23, United State Code, is
amended by adding at the end thereof the following new section:
S 324, Prohibition of discrimination on the basis of sex.
No person shall on the ground of sex be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal
assistance under this title or carried on under this title.
This provision will be enforced through agency provisions and
rules similar to those already established, with respect to
racial and other discrimination, under Title VI of the Civil
Rights Act of 1964. However, this remedy is not exclusive and
will not prejudice or cut off any other legal remedies available
to a discriminatee.
12 Agreement Number