HomeMy WebLinkAboutCSX Charlestown Pike Project City of Jeffersonville
Government Contract Coversheet
Please note: All information MUST be completely filled out and submitted to Clerk's Office
within 48 hrs of execution.
Date Submitted to Clerk: ( oh 423
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Department: "'ul,e\J&t
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Vendor Name: ��i .
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Sign Date: `/h-(123
Ending Date:
Amount of Original Contract: 3/4-i 7/ C
Is this an amendment or change order
to original contract? Yes or NO
Amended Contract Amount:
Purpose: Ofraft(f6113-1*
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For Clerk's Office to fill out
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JEFFERSONVILLE,CLARK COUNTY,INDIANA
ROADWAY RECONSTRUCTION
UTICA-SELLERSBURG ROAD AT CSX AT-GRADE CROSSINGS
CSXT HOOSIER SUBDIVISION,MILEPOST B-47.06&B-038
CSXT OP NUMBER 1N1209
PRELIMINARY ENGINEERING AGREEMENT
fF Y) Preliminary Engineering Agreement (this "Agreement") is made as of
f 1 ' t , 20 r by and between CSX TRANSPORTATION, INC., a Virginia
coiporation with its principal place of business in Jacksonville, Florida ("CSXT', and the CITY OF
JEFFERSONVILLE,a body corporate and political subdivision of the State of Indiana("Agency").
EXPLANATORY STATEMENT
1. Agency wishes to facilitate the development of the proposed Utica-Sellersburg Road roadway
reconstruction project, including where Utica-Sellersburg Road crosses CSXT at-grade (DOT#
153152U), in the vicinity of CSXT Hoosier Subdivision, Nabb Branch milepost B-47.06 and
crosses CSXT at-grade (DOT# 153182L), in the vicinity of CSXT Hoosier Subdivision,
Jeffersonville Branch milepost B-0.38,all as located in Jeffersonville,Clark County,Indiana(the
"Project").
2. Agency has requested that CSXT proceed with certain necessary engineering and/or design
services for the Project to facilitate the parties'consideration of the Project.
3. Subject to the approval of CSXT, which approval may be withheld for any reason directly or
indirectly related to safety or CSXT operations, property, or facilities, the Project is to be
constructed,if at all,at no cost to CSXT,under a separate construction agreement to be executed
by the parties at a future date.
NOW,THEREFORE,for and in consideration of the foregoing Explanatory Statement and other
good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties
and incorporate by reference,the parties agree as follows:
1. Scope of Work
1.1. Generally. The work to be done by CSXT under this Agreement shall consist of: (i) the
preparation or review and approval of preliminary and final engineering and design plans,
specifications, drawings, agreements and other documents pertaining to the Project, (ii) the
preparation of cost estimates for CSXT's work in connection with the Project, and (iii) the
review of construction cost estimates, site surveys, plats, legal descriptions, assessments,
studies, easements, agreements and related construction documents submitted to CSXT by
Agency for the Project(collectively,the "Engineering Work"). Engineering Work may also
include office reviews, field reviews, attending hearings and meetings, and preparing
correspondence, reports, and other documentation in connection with the Project. Nothing
contained in this Agreement shall oblige CSXT to perform work which,in CSXT's opinion, is
not relevant to CSXT's participation in the Project.
1.2. effect of CSXT Approval or Preparation of Documents. By its review,approval or preparation
of plans, specifications,drawings or other documents pursuant to this Agreement(collectively,
the"Plans"),CSXT signifies only that the Plans and the Project proposed to be constructed in
accordance with the Plans satisfy CSXT's requirements. CSXT expressly disclaims all other
representations and warranties in connection with the Plans, including, but not limited to, the
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JEFYPRSONVujg,CLARKCowry,tNOfANA
ROADWAY RECONSTRUCTION
U11CA.SPr I Fit cm'RO ROAD AT CSX AT-GRADE CRcanxa
CSXT Roos=SusOrvrsiow,Mnerosr 0-47.06&B-0.31
CSXTOPMum I14I209
integrity,suitability or fitness for the purposes of Agency or any other persons of such Plans or
the Project constructed in accordance with the Plans.
2. Project Construction. Nothing contained in this Agreement shall be deemed to constitute CSXTs
approval of or consent to the construction of the Project,which approval or consent may be withheld
for any reason directly or indirectly related to safety or CSXT operations,property, or facilities. The
Project if constructed is to be constructed, if at all, under a separate construction agreement to be
executed by the parties at a future date. Furthermore, the PUBLIC AGENCY acknowledges and
understands that any estimated cost to construct the Project shall only be good for a limited period of
time and that any delays to move to construction,if CSXT agrees to such construction,shall result in
increased costs.
3. Reimbursement of CSXT Expenses.
3.1. Reimbursable Expenses. Agency shall reimburse CSXT for all costs and expenses incurred by
CSXT in connection with the Engineering Work, including, without limitation: (i) all out of
pocket expenses, (ii) travel and lodging expenses, (iii) telephone, facsimile, and mailing
expenses, cry) costs for equipment, tools,materials and supplies, (v) sums paid to consultants
and subcontractors, and (vi) labor, together with labor overhead percentages established by
CSXT pursuant to applicable law(collectively,the"Reimbursable Expenses").
3.2. Estimate. CSXT has estimated the total Reimbursable Expenses for the Project to be
approximately S34,760.00 (the "Estimate" as amended or revised). In the event CSXT
anticipates that actual Reimbursable Expenses may exceed such Estimate, it shall provide
Agency with the revised Estimate of total Reimbursable Expenses for Agency's approval and
confirmation that sufficient bands have been appropriated to cover the total Reimbursable
Expenses as reflected in the revised Estimate. CSXT may elect, by delivery of notice to
Agency,to immediately cease all further Engineering Work, unless and until Agency
such approval and confirmation. gY provides
33. Payment Terms.
33.1. Advance Payment in Full. Upon execution and delivery of this Agreement by
Agency,Agency will deposit with CSXT a sum equal to the Reimbursable E ,
as shown by the Estimate. Agency shall submit advance deposit payment to CSXT
for Reimbursable Expenses in the amount set forth in Section 3.2 Estimate, with a
copy of the CSXT Schedule PA form attached to this agreement,to the address on
the CSXT Schedule PA form. If CSXT anticipates that it may incur Reimbursable
Expenses in excess of the deposited amount,CSXT will request an additional deposit
equal to the then remaining Reimbursable Expenses which CSXT estimates that it
will incur. CSXT shall request such additional deposit by delivery of invoices to
Agency. Agency shall make such additional deposit within thirty(30)days following
delivery of such invoice to Agency.
33.2. Following completion of all Engineering Work, CSXT shall reconcile the total
Reimbursable Expenses incurred by CSXT against the total payments received from
Agency and shall submit to Agency a final invoice if required. Agency shall pay to
CSXT the amount by which actual Reimbursable Expenses exceed total payments,as
shown by the final invoice, within thirty (30)days following delivery to Agency of
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JEFPERSONVn.r.B,CLWX COMM,INDLwA
U77GSm,v.sv ROADWAY R8o6NSTRUCnON
URQ ROAD AT CSX AT-GRADE CROSsni6s
CSXT Roos=SuanwtsioN,Mwosr 8-47.06 k B-0.38
CSXT OP Num=INI209
the final invoice. CSXT will provide a refund of any unused deposits if the deposit
exceeds the incurred Reimbursable Expenses for the Project
3.33. In the event that Agency fails to pay CSXT any sums due CSXT under this
Agreement (i)Agency shall pay CSXT interest at the lesser of 1.0%per month or
the maximum rate of interest permitted by applicable law on the delinquent amount
until paid in Rill; and (ii)CSXT may elect, by delivery of notice to Agency: (A)to
immediately cease all further work on the Project,unless and until Agency pays the
entire delinquent sum, together with accrued interest and/or (B) to terminate this
Agreement
3.4. Effect of_Termination. Agency's obligation to pay CSXT Reimbursable Expenses in
accordance with this Section shall survive termination of this Agreement for any reason.
4. Appropriations. Agency represents to CSXT that: (i)Agency has obtained appropriations sufficient
to reimburse CSXT for the Reimbursable Expenses encompassed by the initial Estimate;(ii)Agency
shall use its best efforts to obtain appropriations necessary to cover Reimbursable Expenses
encompassed by subsequent Estimates approved by Agency; and(iii)Agency shall promptly notify
CSXT in the event that Agency is unable to obtain such additional appropriations.
5. Termination.
5.1. By Agency. Agency may terminate this Agreement,for any reason, by delivery of notice to
CSXT. Such termination shall become effective upon the expiration of fifteen(15)calendar
days following delivery of notice to CSXT or such later date designated by the notice.
5.2. )3v CSXT. CSXT may terminate this Agreement(i)as provided pursuant to Section 3.33.,or
(ii)upon Agency's breach of any of the terms of,or its obligations under,this Agreement and
such breach continues without cure for a period of ninety(90)days after written notification
from CSXT to Agency of such breach.
5.3. Consequences of Termination. If the Agreement is terminated by either party pursuant to this
Section or any other provision of this Agreement, the parties understand that it may be
impractical to immediately stop the Engineering Work. Accordingly,both parties agree that,
in such instance a party may continue to perform Engineering Work until it has reached a
point where it may reasonably and/or safely suspend the Engineering Work. Agency shall
reimburse CSXT pursuant to this Agreement for the Engineering Work performed, plus all
costs reasonably incurred by CSXT to discontinue the Engineering Work and all other costs
of CSXT incurred as a result of the Project up to the time of full suspension of the
Engineering Work. Termination of this Agreement or Engineering Work on the Project, for
any reason,shall not diminish or reduce Agency's obligation to pay CSXT for Reimbursable
Expenses incurred in accordance with this Agreement In the event of the termination of this
Agreement or the Engineering Work for any reason, CSXT's only remaining obligation to
Agency shall be to refund to Agency payments made to CSXT in excess of Reimbursable
Expenses in accordance with Section 3.
6. Subcontracts. CSXT shall be permitted to engage outside consultants,counsel and subcontractors to
perform all or any portion of the Engineering Work.
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JEFFERSONVILLE.CLAR[Count%baxANA
ROADWAY RBOONSTMICZION
UflG-4ELLERSBURO ROAD AT CSX AT-GRADE CROSSINOS
CSXT HooszER SummvrscoN,Mazeasr B447.06&B-0.38
CSXTOPNinon 1N1209
7. N_ otices. All notices, consents and approvals required or permitted by this Agreement shall be in
writing and shall be deemed delivered(i)on the expiration of three(3)days following mailing by first
class U.S.mail,(ii)on the next business day following mailing by a nationally recognized overnight
carrier, or (iii) on the date of transmission, as evidenced by written confirmation of successful
transmission,if by facsimile or other electronic transmission if sent on a business day(or if not sent
on a business day,then on the next business day after the date sent),to the parties at the addresses set
forth below, or such other addresses as either party may designate by delivery of prior notice to the
other party:
If to CSXT: CSX Transportation,Inc.
4802 Decoursey Pike
Taylor Mill,Kentucky 41015
Project Manager—Public Projects
If to Agency: City of Jeffersonville
500 Quartermaster Court
Jeffersonville,Indiana 47130
Attention: Andy Crouch,City Engineer
8. Entire Agreement. This Agreement embodies the entire understanding of the parties,may not be
waived or modified except in a writing signed by authorized representatives of both parties, and
supersedes all prior or contemporaneous written or oral understandings, agreements or
negotiations regarding its subject matter. In the event of any inconsistency between this
Agreement and the Exhibits,the more specific terms of the Exhibits shall be deemed controlling.
9. Waiver. If either party fails to enforce its respective rights under this Agreement,or fails to insist
upon the performance of the other party's obligations hereunder, such failure shall not be
construed as a permanent waiver of any rights or obligations in this Agreement.
10. Assianment. CSXT may assign this Agreement and all rights and obligations herein to a
successor in interest, parent company, affiliate, or future affiliate. Upon assignment of this
Agreement by CSXT and the assumption by CSXT's assignee of CSXT's obligations under this
Agreement, CSXT shall have no further obligations under this Agreement. Agency shall not
assign its tights or obligations under this Agreement without CSXT's prior written consent,
which consent may be withheld for any reason.
11. Auplicable Law. This Agreement shall be governed by the laws of the State of Indians,
exclusive of its choice of law rules. The parties further agree that the venue of all legal and
equitable proceedings related to disputes under this Agreement shall be situated in Duval County,
Florida,and the parties agree to submit to the personal jurisdiction of any State or Federal court
situated in Duval County,Florida.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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JEFFERSONVILLE,CLARK COUNTY,INDIANA
ROADWAY RECONSTRUCTION
UTICA-SELLERSBURG ROAD AT CSX AT-GRADE CROSSINGS
CSXT HOOSIER SUBDIVISION,MILErosr B47.06&B-0.38
CSXT 6P NUMBER[N 1209
BY SIGNING THIS AGREEMENT, I certify that there have been no changes made to the content of
this Agreement since its approval by the CSXT Legal Department on October 27,2021.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate, each by
its duly authorized officers,as of the date of this Agreement.
CITY OF JEFFERSONVILLE,INDIANA
By: pdfe-o-ea''C;Z4—r---- -
Print Name) 1.--g..,1--
s
Title: rq, ry
CSX TRANSPORTATION,INC.
By: _11,2_41‘)-------
Bradley W.Armstrong
Project Manager—Public Projects
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JEFFERSONVILLE,CLARK COUNTY,INDIANA
ROADWAY RECONSTRUCI1ON
UTICA-SELLERSBURG ROAD AT CSX AT-GRADE CROSSINGS
CSXT HOOSIER SUBDIVISION,MILEPOST B-47.06&B-0.38
CSXT OP NUMBER IN 1209
CSXT Schedule PA
PAYMENT SUBMISSION FORM
Project Description:Proposed Utica-Sellersburg Road roadway reconstruction project,including where
Utica-Sellersburg Road crosses CSXT at-grade (DOT# 153I52U), in the vicinity of CSXT Hoosier
Subdivision,Nabb Branch milepost B-47.06 and crosses CSXT at-grade(DOT# 153182L),in the vicinity
of CSXT Hoosier Subdivision, Jeffersonville Branch milepost B-0.38, all as located in Jeffersonville,
Clark County,Indiana
CSXT OP#IN1209
******************************************************************************
Payment may be made via paper check or ACH/EFT payment as detailed below.
Payment due prior to work commencing.
*********Mail a Check********* *******ACH/EFT Payment*******
Mail this form(via USPS only), Submit Payment to:
along with your paper check(do not
send the Agreement)to the following
address:
OR CSXT Govt.Billing
P.O.Box 530192
CSX Transportation,Inc. Atlanta,GA 30353-0192
P.O.Box 530192
Atlanta,GA 30353-0192 Acct#1219082172
****************************** ACH ABA#267084199
When submitting payment VIA EITHER CHECK OR ACH/EFT,send a photocopy of the check
or associated ACH/EF T payment info,along with this form via email to:
Nicole Henning ,caz.com
AND
LShaw i@Benesch.com
***********************************************************,rat*****************
(All information below to be completed by Agency providing Payment)
Sponsor Name Payment Date Check# Amount
S34.760.00
Page 6
ACCT.CODE:709- IN1209 Form Revlalon
04/21/23
ESTIMATE SUBJECT TO REVISION AFTER: 8/8/2024
CITY: Jeffersonville DOT A 153152U,153182
COUNTY: Clerk STATE: IN
DESCRIPTION: Utica-Sellersburg Road Reconstruction(widening and pedestrian Improvements)-From Charteetown-
Jef►ersonvilie Pike to 200 feet west of Water Tower Road,
ZONE: Louisville SUB-DIV: Hoosier(Nabb Br,J vlUe Br) ILE POST: B 47.08,B-0.38
AGENCY PROJECT NUMBER: Job Number 20158
PRELIMINARY ENGINEERING:
212 Contracted&Administrative Engineering Services
Subtotal $3
,600
CONSTRUCTION ENGINEERING/INSPECTION:
212 Contracted&Administrative Engineering Services
Subtotal So
FLAGGING SERVICE:(Contract Labor1
70 Labor(Conductor-Ragman) Days @
50 Labor(Foremen/Inspector) $SO
0
Days
70 Additive (Transportation Department) $0
50 Additive (Engineering Department) $0
Subtotal $0
$0
SIGNAL&COMMUNICATIONS WORK: $0
TRACK WORK:
$0
PROJECT SUBTOTAL:
900 CONTINGENCIES: 10.00% $31.600
$3,160
PROJECT TOTAL ,,.R-• ,,,, $34,760
CURRENT AUTHORIZED BUDGET: $0
TOTAL SUPPLEMENT REQUESTED $34,760
DIVISION OF COST:
Agency 100.00% $34,760
Railroad 0.00% $0
NOTE: Estimate is based on FULL CROSSING CLOSURE during work by Railroad Fortes.
The*emits has been
pmPeposed based actualo ohs cost far men v won poreds,amber pace,labor rase.mereparw end resource aystlsbe,end abhor factors
known es of the Daisam Mat baud upon the epmra s req,ie:nen ar.a mrmacmta work
be eppare:once cenWWcddr aomawme or&Ong rid manna of Ow work Pis,arsLty aNer ommmns MI:
Office of Ganef Engineer Public Pia,Florida
Estimated prepared by: Benesch Approved by: BWA CUT Public Project Group
DATE: 08/09/23 REVISED: 01/00/00 GAS 08/10/23
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