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RES NO 11-04-1980 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 4 -11 -1980 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY TO COVER MODIFICATION OF THEIR BRIDGE NO. 410.2 SO THAT WASHINGTON STREET COULD BE IMPROVED. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: I. THAT, the Mayor is hereby authorized and directed to execute the agreement to cover modification of the St. Louis -San Francisco Railway Company Bridge No. 410.2 dated the 12th day of November, 1980, and the City Clerk is authorized and directed to attest the same and to impress the seal of the City of Van Buren, Arkansas, thereto. II. THAT a copy of said agreement dated November 12, 1980, is attached hereto and made a part hereof. PASSED AND APPROVED THIS 24th DAY OF November 19 80 0 4/6.(4,712 MAYOR -'ATTESTED.; CITY CLERK- REASURER CONTRACT This CONTRACT, made and entered into by and between the CITY OF VAN RUREN, CRAWFORD COUNTY, ARKANSAS, a municipal corporation (hereinafter called the "City"), and the ST. LOUIS SAN FRANCISCO RAILWAY COMPANY, a corporation existing under the laws of the State of Missouri (hereinafter called the "Railroad concerning the construction of the St. Louis San Francisco railway bridge located as indicated in Article II, Paragraph 1, below. ARTICLE 'I —GENERAL 1. The project will consist of-the reconstruction of an underpass grade separation structure known as "Dridge No. 410..2" with necessary railroad and roadway approaches thereto, including necessary drainage structures; the neces- sary utility relocations; the removal of the existing underpass structure; the temporary or permanent removal of Railroad or Railroad Lessee's facilities; the restoration of Railroad facilities; and the preparation of all necessary plane. 2. The City will delegate its responsibilities for"the administration of all construction activities 4ncluding payments under this Agreement to the. Van Buren Urban Renewal Agency ('hereinafter called "Local Public Agency" or LPA) 3, Detailed plans, specifl,cations, and construction procedure, or any changes therein, of all work involved in the project, shall be subject to the approval of the respective chief engineers of the parties hereto. The chief engineer to act on behalf of the City will be designated by the LPA. ARTICLE Railroad agrees to furnish all material and labor and do the following work as the progress on the construction of Project requires and in accordance with plans, specifications and construction procedures. 1. Railroad does hereby convey to the City for good and valuable consid- eration, solely to the extent of its rights and authority to do so, without any warranty, expressed or implied, the right to construct, reconstruct, and main- tain a roadway currently "Washington Street and the necessary drainags.facilities thereat across right -of -way owned by Railroad in the City of Van Buren, Crawford-County, Arkansas, more particularly described as follows: That part presently owned by Railroad of Lots 7, 8, 9 and 10 of Block 22, and that part presently owned by Railroad of Lots 14, 15 and 16 of Block 27, original town site plat, Van Buren, Arkansas. Railroad, its successors and assigns, reserves unto itself, the right to maintain/operate and renew any existing telephone, telegraph, power and 0 signal lines and poles, tracks, roadways, pipe lines and facilities of similar or different character now located on, above or beneath said premises and the right to hereafter construct or install and thereafter maintain, operate and renew additional facilities of the aforesaid types of necessary appurtenances thereto. Railroad agrees to replace and /or repair in like condition any damage to City facilities occuring as a result of the aforementioned operations. 2. Construct its portion of the new structure as set out on the detailed bridge plans and contract specifications, which by reference are made a part of this contract. The Railroad work shall be coordinated with the City's con— tractor's work so completion of this project is accomplished without undue delay. 3. Furnish protective services to safeguard Railroad operations and prop- erty as provided in Article III, Paragraph 9, and bill the City's contractor each month, if possible, for actual costs of such services provided during the previous month. 4. Promptly upon completions of the Project, submit eight copies of a statement of cost of the work performed by Railroad under Paragraphs 2 and 3 a Bove. 5. Maintain, at its expense, the overhead structure and all railroad facilities. ARTICLE•III CITY City agrees to furnish all material and labor and do the following work as required by the progress on the construction of the Project and in accord— ance with plans, specifications, and construction procedure: 1. Secure all neede, -1ght —of —way. 2. Secure all necessa. approvals of governmental agencies. 3. Prepare detail 'plans railroad bridge structure modifications, roadway approaches, drainage fat. 11.ti.es, and utility relocations. 4. Provide all resident eng,neering services, field and shop inspections, and field and laboratory testing. —2— 5. Grant the Railroad the right of inspection of all materials and workmanship Incorporated in the Grade Separation, together with the right to refuse to accept materials and workmanship not in accordance with the plans and specifications. 6. Construct its portion of the new bridge structure as set out on the plans and in the specifications, roadway drainage structures, and roadway approaches and all incidentals therefor. 7. Require its contractor to remove and dispose of all temporary false— work construction and materials as shown on the detail plans, including that portion furnished and constructed by the Railroad. 8. Require its contractor, in performing the work of the construction of the underpass structure, to provide a minimum lateral clearance of 8 feet 6 inches from the centerline of track to the closest temporary construction obstructions. 9. Require its contractor to notify the Railroad and arrange for adequate protection of Railroad property and operations under the following situations and conditions: (a) When performing any work or operation closer than twelve feet (12 feet) from centerline of railroad's operating track; (b) When performing grading work along railroad's track, and to reimburse Railroad for the cost of protective services re— quired by the Railroad for the protection of Its property and operations under such situations and conditions, such cost to be determined on the basis of rates of pay and other related costs actually in existence at the time protective services are furnished. The schedule of present rates of pay and other costs and information related thereto is attached hereto and made a part hereof as Exhibit A. 10. Require its contractor, in respect to all work performed upon, over, or under Railroad right —of —way, to provide Railroad Protective Liability Insurance in a form acceptable to the Railroad, with Bodily Injury Liability Insurance providing for: (a) A limit of not less than $1,000,000 for all damages arising out of bodily injuries to or death of one person, and _3— (b) Subject to that limit for each person a total 11mlt of $2,000,000 for all damages arising out of bodily injuries to or death of two or more persona in any one accident; and Property Damage Liability' and Physical Damage to Property Insurance providing for a limit of not less than $1,000,000 for all damages arising out of injury to or destruction of property in any one accident, and subject to that limit per accident a total or aggregate limit of $2,000,000 for all damages or losses arising out of injury to or destruction of property during the annual policy period. 11. Reimburse the Railroad for the actual cost of the work performed by it as outlined in Article II, Paragraph 2 and 3 as determined by an audit of the Railroad's detailed statement of cost and supporting accounting records. 12. Maintain, at its expense all roadway and drainage facilities. ARTICLE IV CONCLUSION 1. It is agreed and understood that the Railroad has no liability in connection with the cost of the Project, therefore, no contrititlon by Railroad will be required. 2. This agreement shall be effective to bind the parties hereto, their successors or assigns, and Section 5 of Article II and Section 12 of Article III of said contract shall continue in force so long as the City maintains said roadway at said location as a par; of the City street system. 3. During the performance of this Contract, the Railroad agrees as follows: (a) The Railroad will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Railroad will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; re, 'fitment or recruitment advertising; layoff or termination; r. 's of pay or other forms of compensation; and 0 selection for training, including apprenticeship. The Railroad agrees to post in conspicuous places, available to.employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. -4- (b) The Railroad will, in all solici tations or advertisements for employees placed by or on behalf of the Railroad, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The Railroad will send 'to each labor union or representative of workers with which the Railroad has a collective bargaining 0 agreement or other contract or understanding, a notice advising the labor union or worker's representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspic- uous places available to employees and applicants for employment (d) The Railroad will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Railroad will furnish all Information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto and will permit access of his books, records and accounts by the Local Public Agency, the Secretary of Housing and Urban Development, and the Secretary of Labor for purposes of inves- tigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the Railroad's noncompliance with the non- discrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be cancelled, terminated or suspended In whole or in part and the Railroad may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of 0 Labor, or as otherwise provided by law. (g) The Railroad will include the provisions of paragraph (a) through (g) in every subcontract or purchase order unless exempted by rules, regulctionc or orders of the Secretary of ..zno+nsv .z ---n< .;ro rat T 1___ Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Railroad will take such *notion with respect to any subcontract or purchase order as the Local Public Agency or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however; that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Local Public Agency or the Department of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 4. During the performance of this Contract, the Railroad agrees to include the conditions of the Van Buren Urban Renewal Agency Labor Standards Provisions, which is attached hereto as Exhibit B, in all subcontracts for construction work; provided, however, that the foregoing provisions of this paragarph shall have no application if the Railroad is covered by the Railway Labor Act and if the work contemplated herein is performed by and with the Railroad's own work force. ,�JJ Executed by City thisc day of /1/O0Crtt 1980. CITY OF V BUREN, ARKANSAS By: I AV A. 4.0-I ATTEST: Mayor City Clerk Executed by Railroad thi; day of del/eltirfiER 1980. ST. LOUIS -SAN FRANCISCO RAILROAD CO. By. I Senior Vice '41-s. rations' (SEAL) ATTEST: kal lead Seer as y ST. LULUS SAN rNANU1bt.0 1tALLWAI t:Ufl ANI SPECIAL PROVISION FOR FLAGGING Schedule of Rates of Pay and Dither Related Costs for Protective Services provided by Railroad. (1) Flagmen will be required when Contractor's equipment or materials are located where they could endanger train operations, such as operation of equipment whore boom or tail swing could foul trains, when setting girders or other materials over tracks, including placement and removal of forma or when equipment is crossing tracks at other than a public crossing. If conditicns are encountered or created during construction on or over Railroad right -of -way, which, in the opinion of Railroad's Superintendent or his designated representative, can reasonably be expected to endanger Railroad facilities or operation, additional flagmen may be required. (2) One or more flagmen will be required to protect Railroad's operation and property, under situations and conditions set out below: (a) When performing any work or operation closer than twelve feet (12;') from centerline of Railroad's track; (b) When performing any work on that portion of the structure located over Railroad's track; (c) When using any temporary crossing of Railroad's track; and to reimburse Railroad for any temporary crossing of its track and for the protective services required by the Railroad for the protection of its property and operations under such situations and conditions, such cost toibe determined on the basis of rates of pay and other related costs actually in existence at the time proteotive services are furnished. (3) Flagmen are classified as Track Laborers. (1 E k- A 2 p• %e s 0 (4) The total cost per hour for one flagman, is $Js,tn This rate is based on current wa-je scales for an eight -hour basis day, excluding any additional pay for overtime, rest days and holidays, and is subject to any increases which may result from railroad] employees- railroad management negotiations, or which may -be authorized by Federal authorities. (5) One and one -half times basic rate is paid for overtime,Sahrdays, 0 Sundays and two and one -half times basic rate for holidays. (6) Related cost in addition) to basic hourly rates 44.ZS%, (7) Headquarters of employees to be used as flagmen T Ark (8) Travel expense, meals and accommodations No „a furnished for flagmen. (9) Arrangements for flagmen are to be made 24 hours in advance with Railroad's Division Engineer, b.A, ekt I67 Norlk GS8t 'r� e v� t+� I'll r\ LTilcf 411_86'+ -840 (10) Reimbursement to Railroad will be required covering the full eight -hour day during Witch any flagman is furnished, unless he can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which he is engaged in other work. Reimbursement will also be required for any day not actually worked by said flagman following his assignment to work on the project for which Railroad is required to pay flagman_ and which could not reasonably be avoided by the Railroad Company by assignment of such flagman to other work, even though the Contractor may not be working during such time. (11) Normal train operations over the crossing consist of Li-- trains daily. Details regarding train operations required or desired by the Contractor may be obtained by consulting the Railway Company's Division Engineer at the above reference office location in paragraph 9.