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HomeMy WebLinkAbout31-96 - Res. County Railway Agreement - Johns Prairie Road RESOLUTION NO. 31-96 COUNTY RAILWAY AGREEMENT - JOHNS PRAIRIE ROAD WHEREAS, there is a safety concern at the Johns Prairie Road railway crossing. WHEREAS, there is federal funding available for improvement of said railway crossing. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners to enter into a Local Agency Railway Agreement, Federal Aid Safety Projects, Highway-Railway Grade Crossing Warning Devices (Attachment A) PASSED this 27th day of February, 1996. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Mary J , Chair son ATTEST: M.L Faughender, mmissioner Rebecca S. Rogers, Clerk hf the Board William O. Hunter, Commissioner APPROVED AS TO FORM: Chief Prosecuting Attorney Michael Clift c: Clerk of the Board Public Works j:\resolute\31-96 Attachment A Washington State Local Age -.y Railway Agreemem Department of Transportation Highway-Railway Warning Devices Local Agency Mason County Project No. AC-STPX-2023(21) Railway Burlingthn Northern Railroad Company Agreement No. The above parties having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23,U.S.Code,Highways,(2)the regulations issued pursuant thereto,and(3)the Policies and Procedures promulgated by the Washington State Department of Transportation,relating to grade crossing warning devices,hereby agree to proceed with the accomplishment and completion of the project hereinafter described. Project Description Local Agency road name ,Tnhns Prairie Road, Location Shelton, Washington Radwayllnename Burlington Northern Railroad Company Location R Sta 78+70 MP 3+24131 (MP 3.45)• NE1/4 SW1/4 Sec 4, T20N, RN, WM r Pacific Division, Bangor Subdivision MUM 1AB 3.50) (DOT 96-577B Description of Work Remove flashers. Install Automatic flashing light traffic control devices, shoulder mount type, with gates and train activation devices® The site plan attached hereto as Exhibit C further describes the work. Construction is estimated to be completed in 365 days,following execution of this agreement and authorization to proceed. Estimate of Cost Type of Work Labor Non-Labor Total 1. Install warning devices(type) a. Freight material handling 6,825 6,825 b. Equipment rental 2 370 c. Expenses 370 2 9 62 d. Salvage e. Other 2. Engineering and accounting 1 876 3,05 05 4 3.0 3. Liability insurance 1,333 1 333 4. Labor surcharge 7,061 --- 5. Other work by railroad. --- --- M- Yes O No)p Exhibit A attached hereto 6. Total project costs 34,814 63 528 f *If detail is required,attached Exhibit A.Insert Exhibit A totals in this line. The above parties further stipulate that they agree to and will comply with the provisions set forth on the reverse hereof and made a part of this agreement. Where a franchise or permit exists,the parties shall determine to what extent the franchise or permit is superseded by this agreement.Such determination should be in writing and attached as part of the agreement. Repair or replacement of damaged or obsolete signals.The cost of repair or replacement of the signals shall be bome on the ratio of 75 percent Local Agency and 25_railway. This agreement shall inure to the benefit of and be binding on the parties hereto,their successors and assigns. Adopted by Resolution/Ordinance No. Railroad Official Local Agency Official_ Title r Date— Date Date DOT Form 140-044 Aewseo 3,S4 EXHIBiT "B" Appendix A Nondiscrimination Provisions of Title VI of the Civil Rights Act of 1964. During the performance of this contract, the contractor,for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agree as follows: (1) Compliance with Requiations: The contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally® programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations). is are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it a erawardandprior to completion of the contract work,will not discriminate on the ground ofrace, 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 inc(ucling employmA ant practices when the contract covers a program set forth in Appendix e and POC96. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: Ina solicitations either bycoFFp—etitive biddirig 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 ground of race, color or national origin. (4) information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for 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, tern. ination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materia and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions includin sanctions for noncompliance: Provided, however, that, in t.%e 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 States Code is amended by adding at the end thereof the following new section: "S 324, Prohibition of discrimination on the basis of sex. No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this title or carried on under this title. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964. Hovwever, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to discriminates." SUBM 971C3 l l � N 7"AL N I a 0 11 u (IJI 0 u LUr 1 _j 0 a3 ' -6 u u u o c So CX E 0 C) a 2) ` cm C3 LU LU =3 — 0ll < 0 .0 < Z M cr 0 Li Li Li 0 9 V) -i LU z< LL C7. 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