TC Res. No. 1997-28RESOLUTION NO. 97-28
A RESOLUTION AUTHORIZING A CONTRACT WITH THE
DENVER AND'RIO GRANDE WESTERN RAILROAD
COMPANY RELATING TO THE TOWN'S ROUNDABOUTS
PROJECT
WHEREAS, the Town Council has heretofore authorized the
construction of five roundabouts on Avon Road (State Highway 70
H), hereinafter referred to as "the Project"; and
WHEREAS, The Denver and Rio Grande Western Railroad
Company is willing to enter into an agreement for a temporary
railroad crossing on West Beaver Creek Boulevard to provide
alternative access to the Town in connection with construction of
the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, AS FOLLOWS:
1. An agreement with The Denver and Rio Grande Western
Railroad Company for a temporary railroad crossing on West Beaver
Creek Boulevard is hereby authorized, subject to approval of the
town attorney and the Colorado Intergovernmental Risk Sharing
Agency, as to insurance coverage; and subject further to addition
of a completion date of May 31, 1997.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Avon on the 8th day of April, 1997.
TOWN OF AVON
By: I~
Mayo
PHC 880706 47584.PHC
FORM APPROVED, AVP-LAW
Agreement Number
New Temporary Public Highway Crossing
on Railroad Property at Milepost
WA 309.0, Tennessee Pass Subdivision
Town of Avon, Eagle County, Colorado
THIS AGREEMENT, made and entered into as of the
day of April,-1997, by and between THE DENVER AND RIO
GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation to be
addressed at 1416 Dodge Street, Omaha, Nebraska 68179
(hereinafter the "Railroad") and the TOWN OF AVON, a municipal
corporation of the State of Colorado to be addressed at P. O. Box
975, Avon, Colorado 81620 (hereinafter the "Political Body"),
WITNESSETk:
RECITALS:
The Political Body desires to undertake as its project -
the establishment of a temporary public road crossing at Avon,
Colorado, for use as access by the general public during
reconstruction of Avon Road improvements (hereinafter the
"Project").
The Political Body desires the right to use for the
Project that portion of the right-of-way.of the Railroad at
Milepost WA 309.0, Tennessee Pass Subdivision, at Avon, Eagle
County, Colorado (hereinafter the "Crossing Area") shown on the
attached print dated March 14, 1997, marked Exhibit A.
i
NOW, THEREFORE, it is mutually agreed by and between
the parties hereto as follows:
Article 1. RAILROAD GRANTS RIGHT.
For and in consideration of the Political Body's
agreement to perform and abide by the terms of this Agreement,
including Exhibits A, B, B-1 and C, attached hereto and hereby
made a part hereof, the Rail-road hereby grants to the Political
Body, the right to establish, construct, maintain, repair, renew
and use a public highway at grade over and across the Crossing
Area, together with the right of entry to control and remove from
the Railroad's right-of-way, on each side of the Crossing Area,
weeds and vegetation which may obstruct the view of motorists
approaching the Crossing Area to any trains that may also be
approaching the Crossing Area.
Article 2. COMPENSATION.
In consideration of the rights granted herein, the
Political Body does hereby agree to pay to the Railroad the sum
of TEN DOLLARS ($10.00).
Article 3. CERTIFICATE OF INSURANCE.
A. Before any work on the Premises begins, the
Political Body (as defined in Section 8(a) of Exhibit B to this
Agreement) will provide the Railroad with a Certificate issued by
its insurance carrier providing the insurance coverage required
pursuant to Exhibit B-1 of this Agreement in a policy containing
the following endorsement:
"The Denver and Rio Grande Western Railroad Company is
named as additional insured with respect to all
liabilities arising out of insured's performance of the
work required for construction of a temporary public
road crossing at Avon, Colorado."
B. The Political Body WARRANTS that this agreement has
been thoroughly reviewed by its insurance agent(s)/broker(s) and
that said agents(s)/broker(s) has been instructed to procure
insurance coverage and an endorsement as required herein.
C. All insurance correspondence shall be directed to:
Union Pacific Railroad Company, 1416 Dodge-Street, Room 1100,
Omaha, Nebraska 68179, with reference to Folder No. 475-84.
D. The Political Body may self-insure all or a portion
of the insurance coverage required hereunder, subject to
Railroad's review and approval. However, the Political Body's
contractor/subcontractor (if any) shall obtain and provide
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evidence of insurance coverage pursuant to Exhibit B-1 of this
agreement.
Article 4. IF WORK IS TO BE PERFORMED-BY CONTRACTOR.
If a contractor is to perform any of the work on the
Project (including initial construction and subsequent relocation
or substantial maintenance and repair work), then the Political
Body shall require its contractor to execute the Railroad's Right
of Entry Agreement. Political Body acknowledges receipt of a
copy of the Right of Entry Agreement and understanding of its
terms, provisions, and requirements, and will inform its
contractor of the need to execute the Agreement. Under no
circumstances will Political Body's contractor be allowed onto
Railroad.'s premises without first executing the Right of Entry
Agreement.
Article 5. WORK-TO BE PERFORMED BY RAILROAD.
A. The Railroad may make any and all changes,
alterations or relocations, whether temporary or permanent, and
may provide flagging and other protective services and devices,
which'in the Railroad's judgment may be or become necessary or
expedient within the Railroad's right-of-way because of the
Project. Such work shall include,`without limitation, Temporary
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installation and removal of 40-foot concrete crossing surfaces
and temporary installation and removal of signals as ordered by
the Colorado Public Utilities Commission.
B. The Political Body agrees to pay the Railroad 100%
of the actual cost of the Railroad's work performed and materials
supplied as hereinabove set forth, which is estimated to be
$151,263.00. Actual costs to the Railroad include customary
additives to materials and services provided by the Railroad as
shown on Exhibit C, attached hereto and hereby made a part
hereof.
Article 6. EFFECTIVE DATE: TERM.
This Agreement shall become effective as of the date
first herein written, or the date work commences on the Project,
whichever is earlier, and shall continue in full force and effect
through November 30, 1997, unless terminated earlier upon
completion of the Project.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed in duplicate as of the date first herein
written.
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THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
By:
Title:
TOWN OF AVON
By:
Mayor
i
Pursuant to Resolution dated
April, 1997, attached hereto.
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EXHIBIT "A"
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IC 880301
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EXHIBIT B
Public Highway Crossing
action 1. CONDITIONS AND COVENANTS.
(a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances.
ie Political Body shall not use or permit use of the Crossing Area for any purposes other. than those described in this
Ireement. Without limiting the foregoing, the Political Body,shall not use or permit use of the Crossing Area for
ilroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under
thority of the Political Body for the purpose of conveying electric power or communications incidental to the Political
idy's use of the property for highway purposes shat! be constructed in accordance with specifications and
quirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the
lilroad or its licensees now cr hereafter located upon said property. No nonparty shall be admitted by the Political
idy to use or occupy any part of the Railmad's property. without the Railroad's written consent. Nothing herein shall
rigate the Railroad to give such consent.
(b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required
-its convenience or purposes in such manner as not unreasonably to interfere with its use as a public highway. In the
ant the Railroad shall place tracks upon the Crossing Area. the Political Body shall, at its sole cost and expense,
odify the highway to conform with the rail line. .
(c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private),
corded or not, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the
)perty or rights of nonparties in, upon or relating to the railroad property. unless the Political Body at its own expense
ttles with and obtains releases from such nonparties.
(d) The Railroad reserves the rightto use and to grantto others the right to use the Crossing Area for any
rpcse not inconsistent with the right hereby granted, Including, but not by way of limitation, the right to construct,
:enstruct, maintain, operate, repair, after, renew and replace tracks, fatalities and appurtenances on the properly: and
;o the right to cross the Crossing Area with all ldnds of equipment. The Railroad further reserves the right to attach
Inai, communication or power.lines to arty highway facilities located upon the property, provided tt.at such attachments
all comply with Polibcal Body's specifications and will not interfere with the use of the Crossing Area.
(e) So far as it lawfully may do so. the Political Body will assume, bear and pay all taxes and assessments
whatsoever nature or kind (whether general, Iota! or special) levied or assessed upon or against the Crossing Area,
cepting taxes levied upon and against the property as a component pert of the Railroad's operating property.
(1) If any property or rights other than, the right hereby granted are necessary for the construction,
akrtenance and use of the high-nay and its appurtenances, or for the performance of any work in connection with the
Died the Political Body will acquire all such other property and rights at its own expense and without expense to the
lilroad.
clion 2. CONSTRUCTION OF HIGHWAY
(a) The Political Body, at its own,expense, vAlt apply for and obtain all public authority required by law,
finance, rule or regu!abon for the Project, and will furnish the Railroad upon request with satisfactory evidence that
ch authority has been obtained.
(b) Except as may be otherwise specifically provided herein, the Political Body, at its own expense, will
nish all necessary labor, material and equipment. and shall construct and complete the highway and all
purtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning
does (except those installed by the Railroad within its right-of-way), and all necessary and proper drainage facilities,
and rails or barriers, and right of way fences between the highway and the railroad tracks. Upon completion of-the
;HIBIT B
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roject, the Political Body shall remove from the Railroad's property all temporary structures and false work, 2nd will
!ave the C. ossing Area in a cond;tion satisfactory to the Railroad.
(c) The Railroad will receive no ascertainable benefit from the construction of the Project, and, except as
lay be specifically provided herein, shall not be required to pay or contribute any part of the cost thereof. if tha Project
to be financed in whole or in part by Federal funds. all construction work by the Political Body shall be performed, and
iy reimbursementto the Railroad forwork it performs shall be made, in accordance with the appiicable Federal acts,
Igulations. and this Agreement.
(d) All construction work of the Political Body upon the Railroad's property (including, but not limited to,
)nstruction of the highway and all appurtenances and all related and Incidental work) shall be performed and
)mpleted in a manner satisfactory to the Chief Engineer of the Railroad or his authorized representative and in
=rdance with detailed plans and specifications prepared by and at the expense of the Political Body, and approved
writing by the Railroad's Chief Engineer.
- (e; All construction work of the Political Body shall be performed diligently and completed within a
asonable time, and in any event within three (3) yearsfrom the effective date of this Agreement, or within such further
iriod of time as may be specified in writing by the Railroad's General Manager. No part of the Project shall be
rsaended, discontinued or unduly delayed without tha Railroad's written consent, and subject to such reasonable
mditions as 'he Railroad may specify. it is understood that the Railroad's tracks at and in the vicinity of the work will
in constant or frequent use during progress of the wo. k and that movement or stoppage of trains, engines or cars
sy cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and
;reel that no claims for damage on account of any delay shall be made against the Railroad.
.M. If the Project includes construction of a structure over which trains are to be operated, or for which the
alroad has any responsibility for maintenance, the Political Body shall Purnish the Railroad permanent reproducible
tits of all design and shop drawings as soon as possible after approval by the Chief Engineer of the Railroad or his
rthorized representatve. Upon completion of construction, the Political Body shall furnish the Railroad two sets of "as
instructed" prints and, in addition, upon request of the Chief Engineer of the Railroad, "as constructed" permanent
(producible prints of all or any portion of the structure.
ection V LURY ANO DAMAGE TO PROPERTY.
Ifthe Political Body, in the performance of ary work contemplated by this Agreement or by the failure
do or perform anything forwhich the Political Body is responsible under the provisions of this Agreement. shall injure.
amage or destroy any property of the Railroad or cf any other person lawfully occupying or using the property of the
ailroad, such property shalt be replaced or repaired by the Political Body at the Political Body's own expense, or by
e Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Chief Engineer.
action 4. PAYMENT FOR WORK BY THE RAILROAD COMPANY
(a) Bills for work and materials shall be paid by the Political Body promptly upon receipt thereof. The
ailroad will submit to the Political Body current trills for flagging and outer protective services and devices during
ogress of the Project The Railroad will submit final billing for flagging and other protective services within one
indred and twenty (120) days after completion of the Project, provided the Political Body advises the Railroad of the
rmmencement of the 120-day period by giving the Railroad written notification of completion of the Project.
(b) The Railroad may contract for the performance of any of its work by other than railroad forces. The
ailroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the
3ilroad's work is to be performed on a foxed price basis, the Political Body shall reimburse the Railroad for the amount
'the contract.
(HIBIT a
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section S. MAINTENANCE.
(a) If the Project involves a grade crossing:
0 ) The Political Body shall, at its cwn sole expense. maintain, repair, and renew. or cause to be
iaintained, repaired and renewed. the entire Crossing Area, except the portions between the track tie ends, which shall
e maintained by and at the expense of the Railroad.
(2) If, in the future, the Political Body elects to have the surfacing material between the track tie
nds, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some
urfacing material other than timber planking, the Railroad, at the Political Body's expense, shall install such
!placement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by-repair
r rehabilitation of the Railroad's tracks through trie Crossing Area, the Political Body shall bear the expense of such
Dpairs or replacement.
(b) If the Project involves a public highway crossing under the Railroad's tracks:
(1) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be
Maintained, repaired and renewed, the entire substructure of the highway-railroad grade separation structure.
(2) The Railroad shall, at its sole expense, maintain and repair, or cause to be maintained and
!paired, the entire substructure of the highway-railroad grade separation structure.
(c) If the Project involves a public highway crossing over the Railroad's tracks, the Political Booy shall, at
s own §ole expense, maintain, repair, and renew, or cause to be maintained, repaired, and renewed, the entire
ighway-railroad grade separation structure.
'action 6. CHANGES IN GRADE.
N at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade
f all or any portion of the track or tracks located on the Crossing Area. the Political Body shalt, at its own expense,
onform the public highway ?n the Crossing Area to conform with the change of grade of the trackage.
'section 7. REARRANGEMENT OF WARNING DEVICES.
If the change or rearrangement of any waming device installed hereunder is necessitated for public
r Railroad convenience or on account of improvements for either railroad, highway or both, the parties will apportion
tie expense incidental thereto between themselves by negotiation. agreement or by the order of a competent authority
efore the change or rearrangement is undertaken.
Action S. SAFETY MEASURES PROTECTION OF RAILROAD COMPANY OPE..RATlONS.
It is understood and recognized that safety and continuity of the Railroad's operations and
ammunications are of the utmost importance, and in order that the same may be adequately safeguarded, protected
rid assured, and in order that accidents may be prevented and avoided, it is acreed with respect to all of said work of
ie Political Body that the work will be performed in a safe manner and in conformity with the following standards:
(a) Definitions. All references in this Agreement to the Political Body shall include the Political Body's
ontractors. subcontractors, officers. agents and employees, and others acting under its or their authority; and all
:terences in this Agreement to work of the Poibcal Body shall include work both within and outside of railroad property.
(b) Compliance With Laws. The Political Body shall comply with all applicable federal, state and local
1ws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent
pith safety, both as concerns the Political Body, the Political Body's agents and employees, the officers. agents.
mployees and property of the Railroad and the public in general, The Political Body (without limiting the generality of
1e foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulaticns.
n Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises.
XHI81T B
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any failure by the Political Body to comply with any such laws, regulations, and enactments. shall result in any fine,
enalty, cost or charge being assessed. imposed or charged against the Railroad, the Political Body shall reimburse
rid indemnify the Railroad for any such fine. penalty, cost or charge, including without limitation attorney's fees, court
osts and expenses. The Political Body further agrees in the event of any such action. upon notice thereof being
mvided by the Railroad, to defenc such action free of cost, charge, or expense to the Railroad.
(c) No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may
xtruct endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any
rmmunication or signal lines, insmilations or any appurtenances thereof, or the operations of others lawfully occupying
' using the Railroad's property or facilities.
(d) SuRervision. T he Polkal Body, at its own expense, shall adequately police and supervise ail work to
performed by the Political Body, and shall not inflict injury to persons, or damage to property for the safety of wrom
of which the Railroad may be responsible, or to property of the Railroad. The responsibii'ity of the Political Body for
ife conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the
silroad's approval of plans and specifications. or by the Railroad's collaboration in performance of any work, or by the
esence at the work site of the Railroad's representatives, or by compiiance by the Political Body with ary requests or
commendations made by such representatives If a representative of the Railroad is assigned to the Project. the
Mitical Body will give due consideration to suggestions and recommendations made by such representative for the
lfety and protection of the Railroad's property and operations.
(e) Suspension of Work. If at any time the Political Body's engineers or the Chief Engineer of the Railroad
their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be
me or prosecuted without due regard and precaution, for safety and security, the Political Boay shall immediately
ispend the work until suitable, adequate and proper protective measures are adopted and provided.
(0 Removal of Debris. The Pol'iticat Body shall not cause, suffer or permit material or debris to be
!posited or cast upon, or to slide or fall upon any property or facilities of the Railroad: and any such material and debris
call be promptly removed from the Ralroad's omperty by the Political-Body at the Political Body's own expense or by
e Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be
owed or cast upon the Railroad's property during snow removal from the Crossing Area.
(g) Exclosh, The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's
openy withoutthe prior consent of the Railroad's Chief Engineer. which shall not be given if. In the sole discretion of
e Railroad's Chief Engineer, such discharge would be dangerous or would interfere with the Railroad's property or
cilities. For the purposes hereo`, the "vicinity of the Railroad's property" shall be deemed to be any place on the
silroad's property br in such dose proximity tc the Railroad's property that the discharge of explosives could cause
ury to the Railroad's employees or other persons, or cause damage to or interference oath the facilities or operations
i the Railroad's property. , be Railroad- reserves the right to impose such conditions, restrictions or limitations on the
iitisporation, handling, storage, security and use of explosives as the Railroad. in the Railroad's sole discretion, tray
mm to be necessary, desirable or appropriate. In addition to any conditions, restrictions or limitations as may be
ecifically imposed:
(1) Unless the Railroad's Chief Engineer agrees otherwise, the Political Body shall provide no,ess
than 48 hours notice, excluding weekends and holidays. before discharging any explosives.
(2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be
discharged on the same day during daylight hours, and st mutually acceptable times.
(3) The Political Body. at its own expense, shall take all precautionary measures and construct
all temporary shelters necessary to guard against danger of damage, destruction or interference arising out
of or connected with any blasting or any transportation, hanaling. storage, security or use of explosives.
(4) The Political Body shall require explosives to be transported, handled, stored or otherwise
secured and used in a manner satisfactory to the Railroad and in accordance with local, state and Federal laws
rules and regulations, including, without limitation, United States Department of Labor, Bureau of Labor
Standards, Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U-"Blasting and the
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Use of Explosives". and occupational Safety and Health Administration Occupational Safety and Health
Standards, 29 CFR Part 1910, Subpart M-"Hazardous Materials".
(h) Obstructions to View. Except as otherwise specifically provided herein, the Political Body shall not
ruse or permit the view along the tracks of the Railroad to be obstructed. nor place any combustible material on the
emises, nor erect any structures thereon. If public law or regulation requires control or removal of weeds or vegetation
i each side of the Crossing Area, the Political Body will perform such control or removal work without expense to the
ailroad or, N the Political Body may nct lawfully perform the control or removal work, reimburse the Railroad for the
at of performing such control or removal. If the crossing is not equipped with automatic train activated warning devices
th gate arms:
(1) The Political Body shall control or remove weeds and vegetation within and on each side of the
Crossing Area so that the view of approacning motorists to approaching trains is not obstructed by weeds or
vegetation; and
(2) Insofar as it may lawfully may do so. the Political Body will not permit non-parties to construct sight
obstructing buildings or other permanent structures on property adjacent to the ight-of-way.
Of Excavation. The Political -Body shall not excavate from existing slopes. nor construct new slopes which
e excessive and may create hazards of slides or falling reek, or impair or endanger the clearance between existing
new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will
may disturb the stability of any area or adversely affect the Railroad's tracks or facilides. The Political Body, at is own
pence, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the
Atical Body in connection with con= action. maintenance or other work. The shoring and cribbing shall be constructed
id maintained with materials and in a manner approved by the Railroad's Chief Engineer to withstand all stresses likely
be encountered, including any stresses resulting from vibrations caused by the Railroad's operations In the vicinity.
6) Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable
a'Gties for draining the highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow
collect upon property of the Railroad. The Political Body, at ire Poetical Body's own expense, shall provide adequate
issageway for the waters of any streams. bodies of water and drainage facilities (either natural or artificial, and
:hiding water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities
work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property
the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing
tomes or drainage facilities.
(k) Notice. Before commencing any work, the Political Body shall provide 48 hours prior notice (excluding
sekends and holidays) to the Railroad's Chief Engineer.
m Fiber Optic Cables. Fiber optic cable systems maybe buried on the Railroad's property. Protection
the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in
isiness interruption and loss of revenue and profits. Political Body shall telephone the Railroad at 1-800-336-9193
24-hour number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the
iefical Body. If d is. Political Body will telephone the telecommunications company(ies)t volved, arrange fora cable
rotor. and make arrangements for relocation or other protection of the fiber optic cabal rior to beginning any work
the Railroad's premises. gall at ?olitical Body's expense,
action 9. INTERIM WARNING MACES.
If at anytime 4 is determined by a competent authority, by the Political Body, or by agreement between
parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political
idy shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to
otect the motoring public until the new or improved devices have been installed.
CHIBIT B
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Pec6on 10. OTHER RAILROADS.
AR protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad
nd any other railroad company lawfully using the Radroad's property or facilities.
section 11. REMEDIES FOR BREACH CR NONUSE.
(a) If the Political Body shall fail, refuse'or neglect to perform and abide by the terms of this Agreement,
we Railroad, In addition to any other rights and remedies, may perform any work which in the judgment of the Railroad
necessary to place the highway and appurtenances in such condition as will not menace, endanger or interfere with
+e Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the
aiiroad for the expenses thereof.
(b) Nonuse by the PcGtical Body of the Crossing Area for public roadway purposes continuing at any time
it a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of
II rigjts.of the Political Body hereunder.
(c) The Political Body will surrender peaceable possession of the crossing Area upon termination of this
greement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parses, accrued
r otherwise, which may have arisen prior to termination.
action 12. MODIFICATION - ENTIRE AGREEMENT.
No waiver, modification or amendment of this agreement shall be of any force or effect unless made
writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such
aiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or
ipair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part
ereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any
for negodations, understandings or agreements, whether written or oral; with respect to the work or any part thereof.
ection 13. ASSIGNMENT: SUCCESSORS AND ASSIGNS.
T eis 3ment shall not be assigned without the written consent of the Railroad. Subject hereto, this
;regiment shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns.
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EXHIBIT B-1
Public Road
Insurance Requirements
The Political Body and/or its Contractor/Subcontractor shall, at its own and/or its Contra ctor's/Subcontractor's
ist and expense, procure the following ldnds of insurance and promptly pay when due all premiums for that insurance.
ailroad Protective Insurance described in Paragraph D below only needs to be obtained and kept in force during the
n of construction or major reconstruction of the highway located on the Premises. The other insurance coverage
led in Paragraphs X B and C below shall be kept in force by the Political Body during the We of this Agreement
A. General Public Liability insurance providing bodily injury, including death, personal injury and property
damage coverage with a combined single limit of at least 52,000,000 each occurrence or claim and a general
aggregate limit of at least $4.000,000. This insurance shall provide Broad Form Contractual Liability covering
the indemnity provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage,
a waiver of governmental immunity (ISO Form GL 24 14 or equivalenq, severability of interests and name
Railroad as an additional insured with respect to all liabilities arising out of Political Body's obligation to Railroad
in the Agreement. If coverage is purchased an a "claims made" basis it shall provide for at least a three (3)
year extended reporting or discovery period, which shall be invoked should Insurance covering the time period
of this Agreement be cancelled.
B. Automobile Public Liability insurance providing bodily injury and property damage with a combined single
limit of at least $2.000.000 each occurrence or claim. This insurance shall provide contractual liability by
endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and non-owned,
mobile equipment to the extent it may be excluded from general liabMity insurance, severabilrty of interests and
name Railroad as an addi'ti'onal insured with respect to all liabilities arising out of Political Body's obligation to
Railroad in the Agreement
C. Wartcer*s Compensation insurance covering the statutory liability-as determined by the compensation laws
of the state(s) affected by this Agreement and Employers' Liability with a limit of at least $1,000,000. Also
compliance with all laws of states which require participation in their state workers' compensation fund.
D. Railroad Protective Liability insurance naming Railroad as insured with a combined single limit of $2,000,000
per occurrence with a $6,000,000 aggregate. Thd policy form shall be AAR-AASHTG with broad form
coverage for "Physical Damage to Property" (ISO Form GL 00 30) or as revised iSO-R1MA (Form CG 00 35)
and include pollution arising out of fuels and !ubricants brought to the job site (ISO Form CG 2831 or
equivalent). If the Lloyd's London policy form is used. limits shall be $3,000,000 per occurrence with a
$9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the
original policy period plus one year to the policy expiration date.
The Political Body and/or its Contractor(s)/Subcontractor(s) hereby waive their right of subrogation, as respects
ve insurance policy(Ie,3), against Railroad for payments made to or on behalf of employees of Political Body or its agents
ontractor(s)/Subcontractor(s) and for loss of their owned or leased property or property under their care, custody and
while on or near Railroad's right-of-way or other real property. Political Bodys and/or Its Contractor's/Subcontractoes
ice shall be primary with respect to any insurance carried by Railroad.
Political Body and/or its Contmctor(s)/Subcontractor(s) shall furnish to Railroad certificate(s) of insurance
ing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies.
3urance companypes) issuing such policy(es) shall notify Railroad in writing of any material alteration Including any
in the retroactive date in any "claims-made" policies or substantial reduction of aggregate limits, if such limits apply, or
ation thereoi at least thirty (30) days prior thereto.
The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to
A or with a current Best's Insurance Guide Rating of 8 and Class VII or better. Such insurance company shall be
tied to transact business in the state(s) affected by this Agreement.
B-1
of 1
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IGNAL ESTIMATE AVON ROAD (MMP), AVON,-WA-309.00 FILE 909 6281321.2
MWERIAL
UNIT
OTY
LABOR
MATERIAL
OTHER
4SULATED BOND TRAND
FT
1000
0
'ONDUIT 8 FITTINGS
FT
300
COND. 88
FT
8000
$2160
CO D. # 0
FT
4000
ILL MATERIAL
LT
000
_
,C SERVICE MTL
LT
1
1`112150
II-SC NAL WTL
LT
1
OT L
0,480,
ABOR COSTS -
.1-PECTRICAL LABOR
$1,250
SIGNAL LABOR
$26.250
RAVEL-EXPENSE
.
$1750
IRELIMINARY ENGINEERING
D BILLING
TA LAB R
150,250
'ERSONAL EXPENSE
$14,700
,ONTRACT PLANS
$3 $00
IUB TOTAL
$35,250
8,48
- $,200
.QUIPME T RENTAL
$12.338
`REIGHT
ABOR ADDITIVES 122.61%
220
;ONTINGENCIES
$3 525
8
. $7,384
"JONAL WORK
439,775"
$9,328
$81,227
-
3ROSS~ OS
$129,330
)ESIT RECOLLECTIBLE
$129,330
;IN 655
1
02-10-97
TOTAL PAGE.03