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HomeMy Public PortalAboutORD09416 +,7 BILL NO. INTRODUCED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY TO EXECUTE A WRITTEN AGREEMENT FOR RESTORATION OF AN ABANDONED RAILROAD CROSSING WITH THE MISSOURI STATE HIGHWAY AND TRANSPORTATION COMMISSION ON WEST MAIN STREET, JEFFERSON CITY, MISSOURI , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City to execute a written agreement for restoration of an abandoned railroad crossing with the Missouri State Highway and Trans- portation Commission on West Main Street, Jefferson City, r Missouri. SECTION 2. Said agreement shall read in words and figures as follows : (SEE ATTACHED) SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval, Passed: w S� Approved: In A e 4de M ?ATTEST: r-- 1 r• r C ty C1 I: el RESTORATION OF ABANDONED SRAILROAD CROSSINGS AGREEMENT This Agreement made and entered into by and between the Missouri Highway and Transportation Commission, hereinafter called "Commission", and the City of Jefferson City, Missouri, hereinafter called "Agency", WITNESSETH: The United States Government has appropriated funds under Section 203 of the Surface Transportation Act of 1978 for the restoration of roadways at abandoned railroad grade crossings, said funds having been assigned to Commission for admin- istration and distribution from the Highway Trust Fund. The restoration work contemplated under the aforementioned grant and referred to in this Agreement is the removal of rails and ties with the rebuilding of the d base and surface to match the adjoining roadway. ,Abandoned grade crossings in the Agency qualify for restoration of the road- way under the requirements and conditions of aforementioned Highway Safety Act. The location, extent, and lump sum cost of the work to be installed as per this Agreement are shown on Exhibit A, attached hereto and incorporated herein. In consideration of the mutual covenants and promises contained herein to be faithfully kept and performed by the parties hereto and each of them, it is agreed as follow: 1. Agency shall have sole responsibility for the work but shall complete the work in the manner approved by Commission's District Engineer. 2. After construction and installation, all obligations of Commission under Agreement shall thereupon cease and terminate. Agency shall keep, control and maintain the roads the same as and for all purposes, a part of the Agency's road system at its own cost and expense and at no cost and expense whatsoever to Commission. • ,r O 3, ,Agency shall indemnify and save harmless Commission from damages or claims 40or damages growing out of or in connection with the herein contemplated Agreement. mn is to assume no liability for the completion or maintenance of the herein contemplated improvements. 4. The cost is to be $3,048.35 for the work covered by this Agreement. This total cost is an agreed lump sum for the work listed on Exhibit A, attached hereto and incorporated herein. The costs recited in this paragraph and in the attached Exhibit A shall include the cost of all materials and all installation costs. 5. If any substantial change is made in the original plan and extent of the work, Agency agrees that reimbursement therefor shall be limited to costs covered by a supplemental agreement or change order having approval of the Commission PRIOR to the performance of the work, as set out in Paragraph 7f of Policy and Procedure AlIhmorandum 30-4. 6, The cost of the improvement contemplated herein will be borne by the United States Government and by ,Agency or Railroad. 7. After completion of the work listed on Exhibit A, Agency will certify that the installations are complete by signing a copy of Exhibit A and returning this copy to Commission's District Engineer. Commission will reimburse Agency for 90% of the agreed lump sum cost after the Federal Government has reimbursed the Commis- sion pursuant to the terms and conditions of Section 203 of the Surface Transportation Act of 19.78. 8. Commission and the Federal Highway Administration shall have the right to make a final inspection of the work covered by this Agreement. • 9. Agency agrees that it .wi.11 not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Agency further agrees it will abide by all State and Federal Civil Rights laws, rules and regulations including, but not limited to, Title VI of the Civil Rights Act of 1964 and the provisions of 49 CFR Part 21 and 23 CFR 710.405(b) . -2- 10.. This Agreement is made and entered into subject to the approval of the Federal Highway Administration, IN WITNESS 'WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, The City executed this instrument pursuant to Ordinance No, Z-z of said City, approved the day of , l0o, Executed y Commission the day of 1.980, Executed by City the /,4�' day of , 1980, CITY OF JEFFERSON CITY, MISSOURI MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION By Mayor Chief Engineer ATTEST: (SEAL) ATTEST: (SEAL) f C� ty Clerk Secretary APPROV TO FORM: APPROVED AS TO FORM: 7 C y Attorney Counse 0 i -3- RESTORATION OF ABANDONED RAILROAD CROSSINGS AGREEMENT This Agreement made and entered into by and between the Missouri Highway and Transportation Commission, hereinafter called "Commission", and the City of Jefferson City, Missouri, hereinafter called "Agency", WITNESSETH; The United States Government has appropriated funds under Section 203 of the Surface Transportation Act of 1978 for the restoration of roadways at abandoned railroad grade crossings, said funds having been assigned to Commission for admin- istration and distribution from the Highway Trust Fund. The restoration work contemplated under the aforementioned grant and referred to in this ,Agreement is the removal of rails and ties with the rebuilding of the road base and surface to match the adjoining roadway. Abandoned grade crossings in the Agency qualify for restoration of the roadT way under the requirements and conditions of aforementioned Highway Safety Act. The location, extent, and lump sum cost of the work to be installed aq per this Agreement are shown on Exhibit A. attached hereto and incorporated herein. In consideration of the mutual covenants and promises contained herein to be' faithft. 11y kept and performed by the paxties hereto and each of them, it is agreed. as foll.owt: 1. Agency shall have sole responsibility for the work but shall complets.,he work in the manner approved by Commission's District Engineer. 2. After ,construction and installation, all obligations, of Commission .under ' �a Agreement shall thereupon cease and terminate. Agency shall keep, control and maintain the roads the same as and for all purposes, a part of the Agency's road system at its own cost and expense and at no cost and expense whatsoever to Commission, t 3. Agency shall indemnify and save harmless Commission from damages or claims for damages growing out of or in connection with the herein contemplated Agreement. 10ommission is to assume no liability for the completion or maintenance of the herein contemplated improvements. 4. The cost is to be $3,048.35 for the work covered by this Agreement. This total cost is an agreed lump sum for the work listed on Exhibit A, attached hereto and incorporated herein. The costs recited in this paragraph and in the attached Exhibit A shall include the cost of all materials and all installation costs. 5. If any substantial change is made in the original plan and extent of the work, Agency agrees that reimbursement therefor shall be limited to costs covered by a supplemental agreement or change order having approval of the Commission PRIOR to the performance of the work, as set out in Paragraph 7f of Policy and Procedure emorandum 30-4. 6. The cost of the improvement contemplated herein will be borne by the United States Government and by Agency or Railroad. 7. After completion of the work listed on Exhibit A. Agency will certify that the installations are complete by signing a copy of Exhibit, A and returning this copy to Commission's District Engineer. Commission will reimburse Agency for 90% of the agreed lump sum cost after the Federal Government has reimbursed the Commis- sion pursuant to the terms and conditions of Section 203 of the Surface Transportation Act of 1978, 8. Commission and the Federal Highway Administration shall have the right, to make a final inspection of the work covered by this Agreement, 16 9. Agency agrees that it will not discriminate against any employee orapplieant for employment because of race, color, religion, sex, or national origin, Agency further agrees it will abide by all State and Federal Civil Rights laws, rules and regulations including, but not limited to, Title Y1 of the Civil Rights Act of 1964 and the provisions of 49 CFR Part 21 and 23 CFR 710.405(b). -2- 10. This Agreement is made and entered into subject to the approval of the Federal Highway Administration. . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers. The City executed this instrument pursuant to Ordinance No. of said City, approved the day of , 1980, Executed y Commission the day of 1480. Executed by City the fz day of �.�. , 1480. CITY OF JEFFERSON CITY, MISSOURI MISSOURI HIGHWAY AND TRANSPORTATION CQ MISSION By By Mayor Chiei gineer ATTEST: (SEAL) ATTEST: (SEAL) ty Clerk Secretary APPROV TO FORM: APPROVED AS TO FORM: y City Attorney Counsel Y -3- ACKNOWLEDGMENT BY COMMISSION STATE OF MISSOURI ) ss. COUNTY OF COLE ) On this day of , 1980, before me personally appeared , to me known, who, being by me duly sworn, did say that he is the of the MISSOURI HIGHWAY AND TRANS- PORTATION COMMISSION and that the seal affixed to the foregoing instrument is the official seal of said Commission, and that said instrument was signed and sealed in behalf of said Commission by authority of the State Highway Commission and said acknowledged said instrument to be the free act and deed of said Commission. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, at my office in Cole County, .the day and year. first above written. Notary Public My Commission expires . ESTIMATED COST BREAKDOWN Re ; Removal of railroad crossing at old MFA Building on W. Main Street , Jefferson City, Missouri Missouri Pacific Crossing No. 442 6343 Equipment Time Compressor . . . . . . . . . 2 hrs @ 10 . 00/hr. _ $ 20 . 00 Highlift . . . . . . . . . . 8 hrs @ 10. 00/hr. = 80. 00 Trucks . . . . . . . . . . . 16 hrs @ 10 . 00/hr. = 160 . 00 Backhoe . . . . . . . . . . 4 hrs @ 10 . 00/hr. = 40 . 00 Boomtruck . . . . . . . . . 4 hrs @ 10. 00/hr. = 40. 00 Grader . . . . . . . . . . . 8 hrs @ 10 . 00/hr. = 80 . 00 Roller . . . . . . . . . . . 8 hrs @ 10 . 00/hr. 80. 00 060 Material Base Rack . . . . . . . . 60 Ton @ 3. 50/Ton =$ 210. 00 Asphalt . . . . . . . . . 81 Ton @ 20 . 00/Ton = 1620.00 $183 Labor 144 hrs @ 5 . 78/hr. =$ 832 . 32 27% overhead Grand Total $3387 . 05 Federal Cost (90% of $3,387.05) _ $3,048.35 City Cost (10% of $3,387.05) _ $ 338.70 a 1 • ' .' EXHIBIT A Agency CITY OF'JEE'FEriSON CITY • R.R. Crossing Street or County Lump gum Inventory No. Road 442 6345 West Main Street $3,387.05 A Totals $3,387.05 Total Reimbursable Cost (90% of Total Costs) MUEST FOR PAYMENT BY AGENCY f hereby certify that the above work has been completed in accordance with the Restoration; of Abandoned Railroad Crossings Agreement and this is a request for paymeat of 90% of..the agreed lump sum cost. Name Title MISSOURI HIGHWAY DEPAR7KENT VERIFICATION OF INSTALLATION I hereby verify that the above work has been completed in accordance with the Restoration of Abandoned Railroad Crossings Agreement with the affected Agency. • District Engineer • s