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HomeMy WebLinkAbout11 Agreement covering Construction of New Overhead Highway Bridgel ~ V T t ~,~a 1VVl . a 4 • AGREEMENT COVERING CONSTRUCTION OF NEW OVERHEAD HIGHWAY BRIDGE Structure: Veterans Parkway Draft of September 10, 2002 Project: SIB-C730(011) THIS AGREEMENT. made and entered into by and between the CITY OF JEFFERSONVILLE, State of Indiana, acting by and through its, Board of Public Works, hereinafter called the "CITY", and LOUISVILLE & INDIANA RAILROAD COMPANY, hereinafter called the "RAILROAD". WITNESSETH WHEREAS, the CITY proposes to construct a new highway, designated Veterans Parkway, connecting Clarksville and Jeffersonville in Clark County, Indiana; • WHEREAS, in the interest of public safety and convenience the CITY desires to construct an overhead bridge and approaches to carry highway traffic over and across US 31 and the RAILROAD's existing track and right-of-way; WHEREAS, the Indiana Department of Transportation will recommend this project to the Federal Highway Administration for construction with the aid of Federal funds apportioned to the State as authorized by Title 23, United States Code, (Public Law 85-767, 85th Congress) or any other Acts supplemental thereto or amendatory thereof, and WHEREAS, the Indiana Department of Transportation will award the contract and supervise the construction of the project and act as liaison agent for the CITY with the. Federal Highway Administration. (Where the word "INDOT" appears in this agreement it will indicate that the Indiana. Department of Transportation is performing an act for the CITY as required by the Federal Highway Administration). NOW, THEREFORE, in consideration of the premises and the mutual dependent covenants • herein contained, the parties hereto agree as follows: 1-8 R • ILROAD insofar as its title enables it to do so, and subject to the Section 1. The RA , rights. of the RAILROAD to operate and maintain its RAILROAD and appurtenances along and over its right-of-way, grants. the CITY, the CITY's successors and assigns and the CITY's contractor, without any compensation other than the performance of this agreement, the right to enter upon the RAILROAD's property to construct and maintain the- overhead highway bridge, including the approaches thereto, over and across its tracks and operating right-of-way including in accordance with the general plans and specifications. for Project SIBC-C730(011), which are incorporated and made a part hereof by reference, at the location shown in Exhibit 1 attached hereto. It is understood that the actual conveyance of any lands or rights, if Indiana State. Law requires such, shall be by means of other instruments to be negotiated between the CITY and the RAILROAD. Section 2. Detailed plans and specifications for the structure and approaches thereto, shall be prepared by the CITY and approved by INDOT. All plans, specifications, and contract awards affecting the interests of the RAILROAD shall be subject to approval by the Chief • Engineer of the RAILROAD before work is started. No changes in the plans affecting the interests of either party hereto shall be made without the written consent of said party. Section 3. The parties hereto shall construct or cause to be constructed in substantial accordance with the plans and specifications, the following items of work: (a) Work by the CITY: The CITY shall be responsible for causing construction of the overhead bridge structure, approach fills, roadway surfacing, roadway drainage, including other drainage made necessary by the construction of the roadway facilities. (b) Work by the RAILROAD: The RAILROAD shall perform, or cause to be performed, such temporary and permanent alterations of communication lines, signal lines, signals, and other facilities on its operating right-of-way, and do such other work and furnish such services, as are required by the installation of the grade separation improvement, in accordance with the estimate of force • account work marked Exhibit 2, attached hereto and made a part hereof. This work shall be 2-8 performed by the RAILROAD with its own forces on a force account basis. If the RAILROAD is not equipped to perform any part of the work with its own forces, it may request the permission of the CITY and INDOT to do the work by contract. After receiving written approval of the method of selection the RAILROAD may proceed, subject to written concurrence by the CITY and INDOT, to award a contract for the work. The provisions of Appendix"A" of the 1964 Civil Rights Act,. attached hereto, shall apply to any portion of the work, including engineering services, which the RAILROAD may perform by the contract method. The RAILROAD shall keep complete records of the cost of the above work to be performed by it and shall submit to the CITY and INDOT on request such .information as it may require concerning the cost and other details of the work. The RAILROAD's accounts shall be kept in such manner that they may be readily audited and actual costs readily determined, and such accounts shall be available for audit by representatives of the CITY, INDOT, and Federal Highway Administration fora period of three years from the date final payment has been received by the RAILROAD. Except as .otherwise provided in this agreement, the CITY, through INDOT, shall reimburse the RAILROAD for the actual cost of the above work performed by it which is estimated to be Seventy One Thousand Three Hundred Fourteen Dollars ($71,314.00).. In the event there are increases in the extent of the work or changes in methods of performing the work, this amount may be increased by mutual agreement. The eligibility for reimbursement of costs of changes to the RAILROAD's facilities and facilities jointly owned or used by the RAILROAD and utility companies shall be determined in accordance with the regulations as set forth in the Federal-Aid Policy Guide 23 CFR, Part 140, Subpart I, Subchapter B, and 23 CFR, Part 646, Subpart B issued December 9, 1991, and subsequent amendments ar supplements thereto, which are incorporated herein by reference. It is agreed that progress payments will be made by the CITY, through INDOT, to the RAILROAD for the total amount of work done as shown on monthly statements or when the amount due the RAILROAD equals $1,000.00 or more, said progress billing to be paid within thirty-five (35) days of receipt of the. RAILROAD's progress billing. Upon receipt of the final bill, the RAILROAD shall be reimbursed for such items of project work and project expense, in such amounts as are proper and eligible for payment, and the project shall be submitted for final audit by INDOT. In the event final audit discloses that INDOT or CITY has reimbursed the RAILROAD more than the amount due under the terms of this agreement, the RAILROAD shall promptly repay INDOT or CITY the amount overpaid by INDOT or CITY. Billings from 3-8 • RAILROAb or his authorized representative, and shall be performed at such times and in such manner as not to interfere unnecessarily with the movement of trains or traffic upon the track and proposed future tracks of the RAILROAD. The CITY and INDOT agree to .require the Contractor to use all reasonable care and precaution in order to avoid accident, damage, or unnecessary delay or interference with the RAILROAD's trains or other property. Section 7. The CITY and INDOT shall require the Contractor, upon completion of the work of such Contractor, to remove from within the limits of the RAILROAD's operating right-of-way all machinery, equipment, surplus materials, falsework, rubbish, or temporary buildings of such Contractor, and to leave the operating right-of-way in a neat condition, satisfactory to the Chief Engineer of the RAILROAD or his authorized representative. Section 8. The CITY and INDOT shall require the Contractor to take out, before work is commenced and to keep in effect until work is completed and accepted, a RAILROAD Protective Public Liability Policy of Insurance in the name of the RAILROAD, said policy to be in the form specified in Federal-Aid Policy Guide 23 CFR, Part 646A, Subchapter G, issued • December 9, 1991, and any subsequent amendments or supplements thereto. The maximum dollar amounts of coverage with respect to bodily injury, death, and property damage, is limited to a combined amount of $2,000,000.00 per occurrence with an aggregate limit of $6,000,000.00 for the term of the policy. The policy of insurance specified in this section shall be with a company authorized to do business in the State of Indiana. Section 9. Upon completion of the project, the CITY shall at its own cost and expense maintain, or by agreement with others provide for the maintenance of the bridge structure, approach grades and all other highway facilities including the drainage thereof, except that in the event of RAILROAD derailments, accidents, or collisions resulting in damage to the bridge structure the CITY shall make the repairs necessary to restore the structure substantially to it's former condition, and the RAILROAD agrees to reimburse the CITY for the cost of such repairs, if said derailments, accidents, or collisions are caused solely by the negligence of the RAILROAD, its agents or servants. The RAILROAD shall at-its own cost and expense maintain its own roadway and tracks, the structure supporting the same and the drainage thereof. • Section 10. In the event that delays or difficulties arise in securing necessary approvals, 5-8 or in acquiring necessary right-of-way, or in settling damages or damage claims, or for other reasons, which in the opinion of the CITY render it impracticable to utilize funds from current appropriation for the construction of the .project, then at any time before actual construction is started by INDOT or CITY or the Contractor pursuant to proper approval or authority, the CITY through INDOT may serve formal notice of cancellation upon the RAILROAD and this agreement shall thereupon become null and void. The CITY, through INDOT shall reimburse the RAILROAD for all costs incurred by it at the written request of INDOT or CITY on account of the project prior to cancellation. , Section 11. Pursuant to Indiana Code 22-9-1-10, the RAILROAD, its Contractor and Contractor's subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of this agreement, with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of the agreement. Section 12. It is understood that the project herein contemplated is to be financed with the aid of funds appropriated by the Federal Government and expended under Federal regulations; that all plans, estimates of cost, specifications, awards of contracts, acceptance of work, and procedures in general are subject at all times to all Federal laws, rules, regulations, orders, and approvals applying to it, as a Federal project. This Agreement shall be binding upon the parties hereto, their successors or assigns. 6-8 n I~ Phelps H. Klika Chief, Division of Design Indiana Department of Transportation APPROVED Date t IN WITNESS WHEREOF, the parties have caused these presents to be executed by their proper officers thereunto duly authorized. ATTEST: ATTEST: LOUISVILLE & INDIANA RAILROAD COMPANY By ~.~ ~ ~~~ ~~ Member APPROVED AS TO FORM AND LEGALITY For the CITY OF JEFFERSONVILLE ~/ Chief Counsel 7-8 CITY OF JEFFERSONVILLE a ACKNOWLEDGEMENT for RAILROAD STATE OF INDIANA, COUNTY OF CLARK, SS: Before me, the undersigned Notary Public, in and for said County, personally appeared John K. Secor and John H. Sharp, in their official capacity as President and General Superintendent of LOUISVILLE & INDIANA RAILROAD COMPANY, and acknowledged the execution of the foregoing Agreement on this 13`" day of September, "2002, and acknowledged and stated that they are the parties authorized by LOUISVILLE & INDIANA RAILROAD COMPANY to execute the foregoing Agreement. Witness my hand and seal the said last named date. ~ ~- My Commission Expires: June 13, 2008 ~.3~---~-~-~ ~~~~~~ Notary Public StJE 5tL~ K(:z~~"~*•Z N01'AAYRU~i's.Ii.:~;'.~7ce iTw~~"~t~7~1 ~OTT"CX3JP37 fi' County of Residence: Scott Sue Silakowski, Notary Public MY OOMMI~IQN GXP~ Jtty~ 136&3 ACKNOWLEDGEMENT for CITY STATE OF INDIANA, COUNTY OF CLARK, SS: Before me, the undersigned Notary Public, in and for said County, personally appeared: respectively, of the Board of Public Works of the City of Jeffersonville, and acknowledged the execution of the foregoing Agreement on this ~ day of , 20 Q~ Witness my hand and seal the said last named ate. ' ion Ex fires: ~ ^ ~ My C~mmiss p Notary Public ~~~ ~~~ County of Residence Print or type name 8-8 ^cJ E80S-BRA-7'Q .~o7ac uuor dTi.:-~n ~n n~ gnu January 6, 197$ • July 26, 1983, Revised APPENDIX "A" During the performance of this contract, the contractor, (for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1 )Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2)Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall 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 Appendix B of the Regulations. (3)Solicitations for Subcontracts Including Procurements of Materials and Eauipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under asub-contract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractors obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. (4)Information and Reports: The contractor shall provide all information and reports required by -the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Indiana Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. 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 Indiana Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Notwithstanding any of the provisions or terms of Appendix "A" as contained within this agreement, it is agreed that the Company does not waive any of its substantive or procedural rights or any of its legal, procedural or factual defenses which it may have under any present or subsequently enacted or modified Federal or State statute, regulation or order. (5)Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Indiana Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may • determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract in whole or in part. (6)Incorporation of Provisions: The contractor shall include the provision of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor or procurement as the Indiana Department of Transportation or the Federal Highway Administration may. direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter such litigation to protect the interests of the United States. (7)Nonsegregated Facilities: By submission of this bid, the execution of this contract or subcontract, or the consummation of this materials supply agreement, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, or materials supplier, as appropriate, certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his. control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained.. He agrees that a breach of this certification is a violation of the Equal Opportunity Gause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He agrees that (except where he has obtained identical certifications from proposed subcontractors and material suppliers for specific time periods), he will obtain identical certification from proposed subcontractors or material suppliers prior to the award of subcontracts or the consummation of material supply agreements, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Gause, and that he will retain such certifications in his files. • January 6, 1978 • July 26, 1983, ~2evised APPENDIX "A" During the performance of this contract, the contractor, (for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations)., which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall 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 Appendix B of the Regulations. (3) Solicitations for Subcontracts• Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under asub-contract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Indiana Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. 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 Indiana Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Notwithstanding any of the provisions or terms of Appendix "A" as contained within this agreement, it is agreed that the Company does not waive any of its substantive or procedural rights or any of its legal, procedural or factual defenses which it may have under any present or subsequently enacted or modified Federal or State statute, regulation or order. • (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Indiana Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract in whole or in part. (6) Incoroorafion of Provisions: The contractor shall include the provision of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor or procurement as the Indiana Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter such litigation to protect the interests of the United States. (7) Nonsegregated Facilities: By submission of this bid, the execution of this contract or subcontract, or the consummation of this materials supply agreement, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, or materials supplier, as appropriate, certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perfomt their services at any location, under his control, where segregated facilities are maintained. He agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilifies" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time-clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He agrees that (except where he has obtained identical certifications from proposed subcontractors and material suppliers for specific time periods), he will obtain identical certification from proposed subcontractors or material suppliers prior to the award of subcontracts or the consummation of material supply agreements, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. ' ~ TRANSPORTATION 3 ROAD PLANS INTER-CITY ROAD PROJECT CLARKSVILLE & JEFFERSONVILLE, INDIANA SIB-PROJECT No. C730 (009) P.E. _ ( ) RAW SIB-PROJECT No. C730 ( ) CONST. Beginning of o point opproximotely 202 feet west and 143 feet north of the centerline intersection of Intercity Road and Giltner Lone and proceeding in on easterly direction fora distance of 7,922.06 feet to the existing centerline of New Albany-Charlestown Pike opproximotely 34 feet southwest of the middle entrance to the River Valley Middle School in Survey No. 32, 33 and 34 of the Clark Military Grant all in Jeffersonville Township, Town of Clarksville, City of Jeffersonville, Clark County, Indiana. GROSS LENGTH: 1.500 MI. NET LENGTH: 1.420 MI. SCALES: MAX. GRADE: 4.00 PLAN:(LONG: 1"=50' PROFILE:jHORIZ: 1"=50' • TRANS: 1 "=50' €VERT: 1 "=10' • ~ ~~ ~~~ arv aio-rR~awi rvv. wo~wvy ~. 8+10.00"ICR" )+~~~,~~ I1A N O . e FEDERAL HIGHWAY ADMINISTRATION U.S. DEPT. OF TRANSPORTATION E APPROVED: Hl BI T••_ ATE JACOBI, TOOMBS AND LANZ, INC. sY: CONSULTING ENGINEERS 812-2E PHON. 8Y; APPROVED FOR LETTIi BRIDGE FILE No. BRIDGE FILE No. OVER I-65 JEFFERSONVILLE TOWNSHIP pvER U.5.31 and L & I RAILROAD PAVING EXCEPTION: CLARK COUNTY PAVING EXCEPTION: STA. 27+27.95 to STA. 29+11.47 "ICR" STA. 39+11.68 to STA. 41+35.53 "ICR" To be built under separate bridge contract To be built in combination with road contract f, LiRC 4 FARCE ACCOUNT EST111~ATE Page 1 E:ST'iMATE SU6JECT'I'C? RE~'iSlON AFTE's: 2/28/2Qfl3 Mt~.EPOST: 104.08 CITY: C!arks~~iilelJeffer~onvi(le C©!JNiY: Clark STATE: Ifs ~iE5C3ZIPT1OlV: ~Construciiora of new Intsrcify Road (1leteran's Parkway) over US ~ S 8 LIRC RrW. FIGEI`dCY PROJECT' PdUNiSER: S!&C73U iU'Oj PRELIMINARY ~NGIttEE(3t~;~6G` L.zbor (Nan Contract) ;surcharge 0.00°~S Expenses Contracted $. lldrrtirist*a;ive Er;g'~r,eering Services S u btctai CAiVSTRUCTiON EhIGIIVEERI[VC9JINSPE:C;TiCthi Labar ~?dcn Contract; ~itlrChargE 15.040 Expenses Contracted ~ P.dminis•tra•tive Er:rainezring Semi^..e.5 Subtotal t~l1~GGii~IG SERVICE: (Con.rect ~abur,+ labor (Ccnductar-Flagrr~ar,) • i.abor (Foreman,~lnspecTor) Surr_harge 3(1.35% (t'ransparta~iion Deparimeni} >urcharge 3Q.95°/a (Ectgineering Depai~tnr:ent} ~~er Diem (Enginee~ng Deaart~ent} F:xpe~ses Subtata! SlGIV~+,I- ~ Cl'3MMUIVICATiORIS U,F~YR~i: (Cetails Rtt~~aed) _'RAGK. SIVC3Rfi~: {Details AttGch~:d) f1GGOU~fTII~lG & BIL..LIM1IG: 3 - $ - 5 - $ - S 2,500 $ 3'S t; 4~c~ $ 49,860 Jv.o.Q $ 2,200 $ 2,20[3 $ 2,601 5 2,0~?1 5 i20 soa S 1 C, 022 S - S - t.a~~ar $ 80C ~urcl~srge SS.49°Jo S 6~4 Exi enses $ 120 S ubtatal ~ 1,604 F%l~tU,:ECT SUBTOTAL 5 64,831 ~:flNTiNC~3=IdGIES: 10.arJ"jz~ (Excludes Signori) S 6,483 C9RASVf2 TOTAL. wwwrwwawwaw++.awrNrwwwwwawNrwwwwwawrw..wr~.wwrraarrw~r.. g 7 i,3 i4 c)?five of Ja`~r Seco;, °resldeer;t :-gt~rneted Ey: DED i'ele~hcxre: 812-28&0940 L~AT~: 8/29i2Q02 REV;S£D: • EXHIBI T ~~~~ "~ EBOS-8P~-7'Q ..io~ac uuor dTi.~~n ~n nc gnu