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HomeMy WebLinkAboutPW1996-0204 - Original - Burlington Northern Railroad Company - Widen & Improve S. 212TH ST at Railroad MP 14.19 - 04/02/1996BURLINGTON NORTHERN RAILROAD COMPANY Ken Langholtz Design Engineer Engineering Dept. 229 - 4th Avenue So. Kent, WA. 98032-5895 Dear Mr. Langholtz: 2000 First Interstate Center 999 3rd Avenue Seattle, WA. 98104-4080 (206) 467-3284 (206) 467-3315 (fax) April 2, 1996 Concerning the city's project to widen and improve 212th Street. The crossing is located at railroad MP 14.19. The WUTC has issued an order, TR-951230, dated 3-13-96 for the construction of this project. Attached to this letter is the city's copy of the construction and maintenance agreement. The agreement has been fully executed. By copy of this letter we will inform the appropriate railroad personnel on the approval for construction. Any questions, please call me. cerely, M (Mike) Cowles anager Public Projects JMC cc: Butch Lasser Russ Frazier Mike Nuorala Ron Kazen Art Althauser File: AFE 95-3297 - surface AFE 95-3251 - signal CONSTRUCTION AND MAINTENANCE AGREEMENT WIDEN AND IMPROVE THE SO.212TH STREET GRADE CROSSING (MP 14.19) KENT, `_^JASHINGTON uA at Agreement made this2 day of L , 1�between KENT, WASHINGTON, a municipal corporation, hereinafter called the "Agency", and the BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called the "Railway": WITNESSETH: WHEREAS, the existing cantilevered signals and gates were installed under an agreement designated as Northern Pacific Railway Company Docket number 26359, dated 1-30-69 between the Northern Pacific Railway Company and the Agency. WHEREAS, the Railway is successor in interest by merger to the Northern Pacific Railway Company; and WHEREAS, in the interest of aiding motor vehicle traffic, the Agency is proposing to widen and improve South 212th Street where it crosses the Railway's Seattle Subdivision, of the Pacific Division located at Railway Survey Station 863 +94.5, MP 14+982.5' (MP 14.19). The crossing is located in the SW1 /4 of the NE1 /4 of Section 12, Twp. 22 N.. Rge. 4 E., W.M., in Kent, Washington, at the location shown on map marked Exhibit'A' attached hereto and made a part hereof; and WHEREAS, in connection with the widening of the crossing, it will be necessary to remove the existing cantilevered signals and install new automatic flashing light traffic control devices, cantilever and shoulder mount type, with gates, hereinafter to be called "Signals"; and WHEREAS, the Railway will be required to perform certain work on its facilities; and WHEREAS, the parties hereto desire that the work to be performed by the Agency in connection with said construction be performed in accordance with plans and specifications to be prepared by the Agency, and WHEREAS, the parties agree that the plans and specifications for the installation of said Signals will be prepared by the Railway; and WHEREAS, the parties agree to contract with each other to perform the respective work and allocate the costs and expenses thereof. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is mutually agreed as follows: The Agency shall perform its work in accordance with detailed plans and specifications which shall be prepared by the Agency and submitted to the Manager of Engineering of the Railway for approval and approved by it when such plans and specifications are applicable or affect any right-of-way or facility of the Railway, and no work pursuant to said plans and specifications shall be performed on the right-of-way of the Railway prior to receipt of notices to proceed given by the said Manager of Engineering to the Agency engineer or their respective authorized representatives. Nothing provided in this agreement with respect to said plans and specifications shall be construed or deemed to be a ratification or an adoption by the Railway or either or both said plans as its own. The 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 AGENCY OR ITS CONTRACTOR AT AGENCY EXPENSE. Accept as otherwise herein provided, furnish all plans, engineering, supervision, labor, material, supplies and equipment necessary for construction of the roadway widening and improvement project. pawaagency 2. Do all grading of the roadway approaches tothe crossing and furnish and place asphaltic concrete paving up to the crossing. 3. Provide all drainage structures under the roadway, if required. 4. Furnish and place advance warning signs and standard pavement markings for railroad grade crossings. 5. Perform all other work not specifically mentioned as work to be performed by the Railway necessary to complete the project in accordance with the plans and specifications. B. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILWAY AT AGENCY EXPENSE. 1. Crossing Work Remove 3 - 66 crossings. Replace 160TF of 115# rail with 160TF of 132# CWR. Rehabilitate crossing areas with new ties, ballast, fastenings and fabric. Place 3 - 114' OMNI improved concrete crossings on 10' ties. 2. Signal Work Remove existing cantilevered signals and install automatic flashing light traffic control devices, cantilever and shoulder mount type, with gates. Relocate signal bungalow. 3. Engineering and Preparation of Bills Perform preliminary and special engineering and inspection, including field and office work and preparation of bills. 4. Flagging, Protective Services and Devices Perform flagging and furnish protective services and devices during construction, account operations of the Agency or its contractor, as deemed necessary by the Railway. All work herein provided for, to be done by the Agency or its contractors on the Railway's right-of-way, shall be performed by the Agency or its contractors in a manner satisfactory to the Railway and shall be performed at such time and in such manner as not to interfere unnecessarily with the movement of trains or traffic upon the tracks of the Railway. The Agency or its contractors shall use all care and precaution necessary to avoid accident, damage, or interference to the Railway's tracks or to the trains or traffic using its tracks and notify the Railway a sufficient time in advance whenever it is about to perform work adjacent to any track to enable the Railway to furnish flagging and such other protective services and devices as might be necessary to ensure safety of Railway operations, and the Railway shall have the right to furnish all such flagging or protective services and devices as in its judgment is necessary, and the Agency shall reimburse the Railway for the cost thereof. The Railway will submit bills for flagging and other protective services and devices currently during progress of the work contemplated by this agreement. The Railway will submit complete billing for flagging and other protective services and devices at the earliest practical date, and the Agency shall pay such bills promptly. Attached hereto, marked Exhibit "B", and by this reference made a part hereof, is a statement of conditions when flagmen and protective services and devices will be furnished by the Railway. Wherever the safeguarding of trains or traffic of the Railway is mentioned in this agreement, it is intended to cover and include all users of the Railway's tracks having permission for such use. All work provided for herein to be done by the Railway or its contractors outside of the Railway's right of way shall be performed by the Railway or its contractors in a manner satisfactory to the Railway and shall be performed at such time and in such manner as not to interfere unnecessarily with the movement of traffic upon South 212th Street. The Railway or its contractors shall use all care and precaution necessary to avoid accident, damage, or interference to the Agency's street or to the traffic using its street and notify the Agency a sufficient time in advance whenever it is about to perform work on or adjacent to the street to enable the Agency to furnish flagging or other protective services and devises as in its judgement is necessary. pawaagency 2 IV 5 Im V The Signals shall be installed at the Railway grade crossing shown on Exhibit "A" in accordance with plans and estimates furnished by the Railway. ft It is understood that Exhibit "C", attached hereto and made a part hereof, is a current estimate of the cost of the work to be performed by the Railway at Agency expense and is for informational purposes only. The Agency shall reimburse the Railway for actual costs and expense incurred by the Railway in connection with the construction work as indicated in this agreement. The Railway may submit progress bills to the Agency during the progress of the work included in this agreement for the actual cost of services and expenses and the Agency shall pay such bills promptly. It is further agreed that a final and complete billing of all actual incurred costs and expenses, ascertained in accordance with the provisions of 23 CFR 140 I, which by this reference is incorporated in this agreement, shall be made at the earliest practical date. The Agency shall, upon presentation of final billing promptly reimburse the Railway for the cost of services and expenses of work included in this agreement. Preliminary engineering costs incurred subsequent to March 9 1994 may be charged against this project. All progress and final bills submitted tot the Agency by the Railway shall include supporting documentation of costs incurred by the Railway. If the actual cost will excede 10% of estimated cost, the Railway will furnish the Agency a written explanation of the reason for the additional cost that is in excess of 10%. VII All contracts between the Agency and its contractor, for either the construction herein provided for or maintenance work on the highway within any easement area described herein or shown on the exhibits attached hereto, shall require the contractor to waive its immunity under RCW 51 and 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: 1. Furnish to the Railway a Railroad Protective Policy in the form provided by 23 CFR 646 A. The combined single limit of said policy shall not be less than Two Million Dollars ($2,000,000) for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of the loss or destruction of or injury or damage to property in any one occurrence during the policy period, and subject to that limit a total (or aggregate) limit of not less than Six Million Dollars ($6,000,000) for all damages during the policy period. Said insurance policy executed by a corporation qualified to write the same in the state in which the work is to be performed, 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. 2. Carry regular Contractor's Public Liability and Property Damage Insurance as rcified in 23 CFR 646 A providing for a limit of not less than One Million Dollars ,000,000) for all damages arising out of bodily injuries to or death of one person, and, subJject 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 anyone accident; and providing for a limit of not less than One Million Dollars ($1,000,OOO) for all damages to or destruction of property in anyone accident and subject to that limit a total (or aggregate) limit of not less than Two Million Dollars ($2,000,000) for all damages to or destruction of property during the policy period. A certificate of insurance providing proof of Contractor's Public Liability and Property Damage Insurance and contains a thirty (30)-day advance written notice to the Railway in the event of cancellation, nonrenewal or material change of policy, executed by a corporation qualified to write the same in the state in which the work is to be performed, in form and substance satisfactory to the Railway shall be delivered to and approved by the Railway prior to the entry upon or use of the Railway's property by the contractor. pawaagency The Agency, its contractor, subcontractors or agents, shall at its own expense, obtain and maintain in force during the term of this Agreement the following insurance. (a) Business Automobile Policy Insurance, including owned, non -owned, and ired vehicles with minimum limits for bodily injury and property damage of One Million Dollars ($ 1,000,000) each occurrence, on all vehicles which the Agency or any of its agents or employees may use at any time in connection with the performance of this Agreement. (b) Worker's Compensation Insurance or coverage as required under the "Worker's Compensation Act" of the State of Washington. The policy should include occupational disease to required statuatory limits, employer's liability of One Million Dollars ($ 1,000,000) to include FELA, if appropriate, and an "all states" endorsement. Railway shall not be a named insured under the contractor's public liability and property damage insurance, the business automobile policy, or the worker's compensation insurance. 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 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 and 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. N111 The contractor shall prosecute and complete work according to Contractor's own manner and methods and with and by Contractor's own means and employees, free from any supervision, inspection, or control whatsoever by the Railway, except only as may be necessary to enable the Railway to determine whether work performed complies with the requirements of this agreement and conforms to the plans and specifications, it being the intention of the parties hereto that contractor shall be and remain an independent contractor and that nothing herein contained shall be construed as inconsistent with the status. IX The contractor shall comply with all requirements and regulations of every Federal, State, Local, or other governmental authority with respect to the performance of work for the safety of the employees engaged therein, and of the public; shall take all necessary precautions for the safety of contractor, subcontractors and the employees and property of each; and shall protect contractor, subcontractors and the employees and tools of both while engaged in said work. pawaagency 4 The Railway's engineer or designee may advise contractor or contractor's work site supervisor that an agent, servant, or employee of contractor or of a subcontractor is working in an unsafe manner or may potentially work in an unsafe manner, in which event, contractor's work site supervisior shall cause said agent, servant, or employee to leave the work site and Railway's property. The contractor assumes all responsibility for the safe work method and practices of its agents, servants, and employees and does, therefore, agree to indemnify and hold harmless the Railway from and against any and all claims arising from or in any manner connected with the removal of the agents, servants, and employees of Contractor from the work site and Railway's property for safety reasons. X In no event shall the Railway be required to make deductions from compensation or report earnings of employees of contractor or subcontractor, under any Social Security Act, Railroad Retirement Act, Unemployment Compensation or Insurance Act, or any other statute, Local, State, or Federal, purporting to levy a tax on payrolls or the compensation of employees; and contractor hereby agrees to indemnify and save the Railway harmless from any and all liability, cost or expense arising or growing out of Contractor's compliance or failure to comply with the provisions of any such law connected with the performance of this Agreement. The Agency without expense to the Railway, shall secure from the owner or owners of that certain property lying adgacent to and outside of the Railway's right-of- way all necessary easements, permits or other interest therein necessary for the occupancy and use of said property during the construction, maintenance and operation of the roadway and its appurtenances. XII The Railway shall, with its own forces and under its own labor agreements, install the Signals. The Agency, with its own forces, shall furnish and install advance warning signs and standard pavement markings for railroad crossings. The Railway shall furnish all materials for the necessary Railway work from its store stock, or by purchase, in accordance with the provisions of 23 CFR 1401 and any amendments and supplements thereto. M Upon completion of the project, the Agency, at its sole cost and expense, shall maintain all improvements, other appurtenances, advance warning signs, and standard pavement markings, with the exception of the crossing which will be maintained in accordance with State law. XIV In the event the Signals 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 Agency. QVIA 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. XVI If, for any reason, said Signals shall no longer be required at the said grade crossing, the Railway; on the approval of the Agency, may remove said equipment, and credit the Agency with the salvage value less cost of removal. pawaagency XVII Either party hereto may assign any receivables due them under this agreement provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this agreement. XVIII If the Railway enters into a contractor agreement with a contractor to perform any of the work, which the Railway is required to perform under the terms of this agreement by reason of the construction of the Agency's project, the Railway, for itself, its assigns and successors in interest, agrees that it will not discriminate in its choice of contractors and will include all the nondiscrimination provisions set forth in Exhibit "D" attached hereto and made a part hereof, in any such contract or agreement. XIX This agreement cancels and supersedes the existing agreement designated as Northern Pacific Railway Company Docket Number 26359, dated 1-30-69. 0:1 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. ATTEST: By A(Tite KENT, WASHINGTON C BURLINGTON NORTHERN RAILROAD COMPANY By U nl�, - i le) rna,,,, P pawaagency 6 � lu C) 71 I ) I rn 1N �s II if II Q I ',I 1<' W, R' R1 1 I { - S.L. 16 •NCwo,5 iI;III i III s uN°I I ^ 'f 24+75 }i - i 25+Q0 1 �'. STA. 25+,0, Ri. I • I I SIB_ 2 STA 11+O3 INSTALL RG-B INSTAL RS-111 I Ili. I V/ 9- 7 1 FT-1 r � I �fl � �Jr'IIAyI I I N �i iIi III I J I I � ,J I 25t84� (n ..19 STA. 23+97 j- 1 Z. I N _ _ -.�� 20+22 I I I } r r ° p STA_ 1L,P, L1_ INSTALL NN-6 76TH AVE. S. I v _ -1,3 - I I I I - 1 --,Ln � J _ I — L^' I l / 111 , U D �I. Nti'All R9 / 1 I LA O �J m W Z N v�� h I D mym2 Z oD = 4 m L^ D 2 7v s Z —� MATCH LINE STA. 28+50 SEE THIS SHEET m Q m p m D W 34+50 SEE SHEET 31 ° D v Sm n r- =� i' Dm O � �ocK O w D o A m < w � EXHIBIT "B" STATEMENT OF CONDITIONS WHEN FLAGMEN, PROTECTIVE SERVICES AND DEVICES WILL BE FURNISHED BY THE RAILWAY Railway flagmen, protective services, and devices will be furnished but not limited thereto for the following conditions: (1) When in the opinion of the Railway protection is necessary to safeguard the Railway's trains, engines, facilities, and property. (2) When any work is performed over, under or inclose proximity to tracks or any Railway facilities. (3) When work in any way interferes with the operation of trains at usual speeds or threatens, damages or endangers track or Railway facilities. (4) When any hazard is presented to Railway communications, signal, electrical, or other facilities either due to person, material, equipment, or blasting in the vicinity. (5) Where or when material is being hauled across tracks. Special clearance must be obtained from the Railway before moving heavy or cumbersome objects and equipment which might result in making the track impassable. COST OF FLAGGING AND OTHER PROTECTIVE SERVICES AND DEVICES (a) (b) (c) (d) NUMBER CLASSIFICATION BASE PAY HEADQUARTERS 3 Sectionmen $13.80/hour/ Tacoma, WA. 8-hour day plus additives. NOTES: (a) A full flagging crew generally consists of three men. Under certain conditions more than three men may be required or a lesser number may be sufficient. However, additional personnel, such as communications linemen and/or signalmen may be used to protect communications and signal facilities, if deemed necessary by the Railway. (b) The Classification is shown solely for the prospective bidder's information, and there is no guarantee that the above classes of labor will actually be used or that the rates of pay shown in Column (c) will be those in effect at the time the work is undertaken. (c) Shows base pay rate per man per hour for normal eight -hour shift in effect August, 1995. (d) Estimated costs for travel per employee from headquarters to job site and return is $19.00 per round trip. The estimated daily cost for meals and other accommodations is $ --- per employee. (e) In addition, protective devices, such as crossing signals, indicators, telltales, lights, telephone, etc., may be required. In this connection telltales may be installed by the Railway, at its option, as a condition of its approval of any proposed restrictions of vertical clearance during construction to less than 22-1 /2 feet. (f) It shall be the duty and responsibility of the Agency and its Contractors to notify the Railway's Division Superintendent at least forty-eight (48) hours in advance of when flagmen or other protective services and devices are required. To all direct labor costs there shall be additional charges for Vacation Allowance, Health and Welfare, Railroad Retirement and Unemployment Taxes; Public Liability, Property Damage and Workmen's Compensation Insurance; and accounting and billing. For estimating purposes only, these additives collectively may be considered as approximating 55% of direct labor costs. pawaagency 7 BURLINGTON NORTHERN RAILROAD COMPANY PACIFIC DIVISION SEATTLE SUBDIVISION KENT, WASHINGTON STATE OF WASHINGTON EXHIBIT "C" VALUATION SECTION WA 3-N Estimated cost for the widening and for the improvements to the South 212th Street grade crossing located at MP 14.19 as per Exhibit "A". ESTIMATED COST PART 1--Not Estimated PART II 1. Crossing Work LABOR NON -LABOR Remove 3 - 66' crossings. Replace 160TF of 115# rail with 160TF of 132# CWR. Rehabilitate crossing areas with new ties, ballast, fastenings and fabric. Place 3 - 114` OMNI improved concrete crossings on 10' ties. $ 51,840 $ 73,673 Material Handling 5,599 3,683 Freight Equipment Rental 15,552 (1,301) Salvage Subtotal Without Labor Surcharges $51,840 97,206 2. Signals Remove existing cantilevered signals and gates and install new automatic flashing light traffic control devices, cantilever and shoulder mount type, with gates. Relocate signal bungalow. $ 15,804 $ 66,295 Material Handling 5,171 3,792 Equipment Rental 1,146 Freight Expenses 4,741 Subtotal Without Labor Surcharges $15,804 81,145 3. Flagging, Protective Services and Devices Not estimated --See Exhibit "B" $----------- $ -------------- 4. Engineering and Preparation of Bills Preliminary Engineering $ 3,337 $ ----- Construction Engineering 3,856 ------ Preparation of Bills 2,029 -----"- Subtotal Without Labor Surcharges 9,222- ""-- SUMMARY 1. Crossing Work $ 51,840 $ 97,206 2. Signal Work 15,804 81,145 3. Flagging, Protective Services and Devices ---------- ------- 4. Engineering and Bill Preparation 9,222 ------- 5. Liability Insurance ------- 9,909 Totals 76,866 188,260 pawaagency 8 6. labor Surcharges Vacation Pay, Paid Holidays, Railroad Retirement, Unemployment Insurance, Health and Welfare Benefits Contingencies State of Washington Tax Total B/C vs. Kent, Washington Office of Manager Engineering Seattle, Washington $ 45,203 $ 122,069 $ ------ 122,069 188,260 $ 310,329 5,184 315,513 11,196 $ 326,709 pawaagency 9 EXHIBIT "D" 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"), agrees as follows: (1) Comelian�ce with Re ulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondis- crimination 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 y it after award and prior to completion of the contract work, will not discriminate on the ground 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 Appendixes "A", "B" and "C". (3) Solicitations for Subcontracts Including Procurements of Materials And Equipment: In a so icitations 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 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 appro- priate, 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 paragrap s 1 t roug (6) in every subcontract, including procurements of materials 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 in- cluding 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 pawaagency 10 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. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee." pawaagency 11