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) .
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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
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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
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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