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HomeMy Public PortalAboutORD15971BILL NO. 2019-066 SPONSORED BY Councilman Hussey ORDINANCE NO. /5c/ 1/ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH COLE COUNTY FOR THE RECONSTRUCTION OF THE MILITIA DRIVE RAILROAD CROSSING AS PART OF THE MORRIS DEVELOPMENT PROJECT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute a Supplemental Agreement to the Morris Development Project with Cole County. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:/71-1/-P,Ywbe,t' ISS 2011 Approved: ivr. t?( v/cj Presiding Officer ATTEST: APPROVED AS TO FORM: ECONOMIC DEVELOPMENT PROJECT MORRIS DEVELOPMENT PROJECT ADDENDUM 2 EXHIBITA THIS AGREEMENT is an addendum to the contract, by and between the City of Jefferson, hereinafter called "City" and the County of Cole, Missouri hereinafter called "County" for the cooperative project identified as the Morris Development Project. The following additions/amendments are made to the original agreement: 1. The following addition is made: Militia Drive Rail Crossing Replacement. For the purposes of replacing the crossing on Militia Drive which is in poor condition. a. The City desires to add the rail crossing replacement to the project for completion in 2019. b. The City shall bear all costs associated with the rail crossing replacement as estimated by RailWorks Track Services, Inc. in Attachment A. The final cost will be determined after completion. c. The County shall add the estimated cost of the rail crossing replacement to the contract with RailWorks Track Services, Inc. via change order. d. The City shall process payment to the County in the amount of the final cost for the rail crossing replacement within 14 calendar days upon completion. e. All inspection services needed for the construction of the rail spur crossing replacement shall be performed or administered by the City. f. All coordination services necessary between Union Pacific and/or its contactor shall be performed or administered by the City. g. All public notices for necessary road closures shall be issued by the City. 2. Agreement Binding. This agreement is to be binding on the successors and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. 3. Applicable Law. The Laws of the State of Missouri shall govern the validity, performance, and enforcement of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year indicated below. Executed this0`i day of 2019 Executed this MA day of iltIWY)13er 2019 On behalf of the County of Cole, Missouri On behalf of the City of Jefferson, Missouri .cLent-TxtsClicv.4 Tefuoa,(A,t__ Bushman, Presiding Commissioner Carrie Ter in ief-/;&ut County Clerk Cole Csunty Au 'tor I certify that there is a balance otherwise unencumbered to the credit of the appropriation to which it is to be charged and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be incurred. Approved as to form: Mayor g 1 /I., 43.. 1/ .; Cit rClerk Approved as to form: Jill C. LaHue, County Counselor Rya A. M%ehlman, City Counselor RAILWORKS® TRACK SERVICES RailWorks Track Services, Inc - 4301 Bridgeton Industrial Dr. - Bridgeton, MO 63044 - Ph: 314-291-2233 Fax: 314-291-2266 RailWorks Track Services, Inc - 2739 S. Old US 41 - Vincennes, IN - Ph: 812-886-0290 Fax: 812-886-0294 Submitted To: County of Cole Missouri 301 East High Street, Jefferson City, MO 65101 Eric Landwehr eiandwehr a( colecounty.org Date: 9/16/2019 Quote #: 410-19-093 Militia Drive Crossing ITEM NO. ARTICLES OR SERVICES QUANTITY UNIT UNIT PRICE AMOUNT RailWorks is pleased to quote the following work: Base Bid 01 Mobilization a. Mobilize Crew, Equipment, and Material to Project Location 1 LS $14,250.00 $14,250.00 02 Militia Drive Crossing (Asphalt Approach Option) a. Remove existing railroad crossing, including precast concrete panels, ties, rail, OTM, concrete approaches, and fouled ballast b. Install compacted subballast section . c. Install 6" perforated drain pipe on top of subballast section to run on south side of crossing for the entire length d. Install new track including; (2) new 80' pcs. 115RE Rail, New 1 LS $126,750.00 $126,750.00 7"x9"x10' composite ties, pandrol plates and fasteners, anchors and drive spikes. e. Shoot Thermite welds as needed to eliminate rail joints near crossing f. Machine tamp track to ensure track elevation, cross level and alignment are in compliance with drawings provided g. Install precast concrete crossing panels with new hardware h. Others to install asphalt approaches \ I I Notes: Pricing Valid for 15 Days Pricing Based on No Delays Material subject to availability at time of order Accepted by By Date 1.5% Interest per month on invoices over 10 days past due County of Cole Missouri Respectfully submitted, RailWorks Track Services, Inc By Andrew C. Rolf, Estimator THIS QUOTE AND ANY RESULTING SALE ARE SUBJECT TO THE ATTACHED TERMS AND CONDITIONS OF SALE TRACKKS® I Al �SERVICES�� 9/16/2019 Clarifications for Militia Drive Crossing Project RailWorks Track Services, Inc. 4301 Bridgeton Industrial Drive Bridgeton, MO 63044-1204 314-291-2233 1 Fax: 314-291-2266 1. Pricing based on this scope of work becoming a change order to Railroad Spur Extension — Project No. 2016-701-1 which includes the following assumptions; a. Missouri Annual Wage Order 25 will govern wages on this project b. This work will be tax exempt c. No additional insurance will be required d. Contract Time will be extended 2. Pricing based on the removal and replacement of the track and the approaches to occur on a non - holiday weekend 3. Traffic Control is INCLUDED a. For the base bid, it is assumed that Cole County will have their asphalt paving contractor scheduled to perform their work starting Sunday afternoon. Traffic Control to be taken down prior to 6AM Monday at the conclusion of the outage. b. For the alternate bid, Traffic control will remain in place the week following the weekend outage to allow for cast in place concrete installation and cure time. 4. Disposal of removed material(s) is INCLUDED 5. Excavation will be limited to removing materials until hard pan is found, removed fouled ballast materials will be replaced with clean crushed stone 6. Pricing based on an area being made available for RailWorks crew to construct an 80' track panel. This panel will be constructed the week leading up to the weekend outage. 7. The drawings provided do not show conduit location for the Signals. RailWorks EXCLUDES any costs associated with the relocation, repair, or modification to the Signal conduit, wiring, and function. RailWorks will make every effort to not damage existing utilities. 8. Permitting is EXCLUDED a. Owner to notify RailWorks if any permitting related to Stormwater, Road Closure, Material Disposal, or any other permit, is necessary for this project. If directed, RailWorks can obtain needed permits at an additional cost to the Owner. 9. Asphalt installation is EXCLUDED from the base bid option. a. Temporary asphalt work is INCLUDED in the Alternate Bid Option 10. Pavement Striping is EXCLUDED 11. Material Testing is EXCLUDED Thank you for considering RailWorks for this project. Should you have any questions, please reach out to me directly. Andrew C. Rolf Estimator RailWorks Track Services (314) 291-2233 Page 1 of 1 TERMS AND CONDITIONS OF SALE All sales are made solely upon the following terms and conditions as well as any additional terms and conditions that appear on the face of any quotation or order acknowledgement issued by us: 1 ORDERS: Terms and conditions on your order form at variance with or in addition to terms and conditions stated herein are binding upon us only if specifically accepted by us in writing. Your assent to these terms and conditions, and to the terms and conditions contained in our acceptance of your order, shall be presumed conclusively from your failure to object in writing within 30 days after receipt of our acceptance or from your acceptance of all or part of the goods and/or services hereunder. After acceptance, you may modify or cancel your order only upon written notice and payment to us of our costs resulting therefrom. 2. PRICE: Unless otherwise stated prices are net FOB, point of origin, exclusive of transportation and insurance, and are firm for thirty (30) days. Shipments will be billed at prices in effect on the date that we accept your order. Published prices are subject to change without notice and quoted prices are subject to adjustment if specifications or delivery requirements are changed after price is quoted. 3. TERMS OF PAYMENT: Unless otherwise stated, payments are due and payable net thirty (30) days from date of invoice. Invoices will be rendered (a) upon acceptance of your order for ten percent (10%) of the order value; (b) upon our receipt of major items of equipment or materials from our suppliers, (c) upon shipment of goods to you, and/or (d) the earlier of completion of services or monthly for the portion of work performed during the preceding month. For each thirty (30) days, or part thereof, that an invoice remains overdue, you will be charged interest on the unpaid balance at a rate not exceeding the maximum lawful rate. Partial shipments may be made at our option. If all items are not shipped on the same date, pro rata invoices will be rendered. 4. TAXES: Prices exclude all duties, taxes or other governmental charges which now are or hereafter may be imposed upon the sale or use of the goods and/or services herein. All such taxes or other charges paid by us shall be for your account and shall be added to the prices set forth herein. Any exemption claimed from the application of such taxes or charges should be plainly designated on the face of the orders placed with us and accompanied by exemption certificates where the law so requires. 5. DELIVERY: Shipment, delivery, and installation dates are estimated dates only, and unless otherwise specified, are calculated from the date of receipt of complete technical data and approved drawings, if required. In estimating such dates, no allowance has been made, nor shall we be liable directly or indirectly for delays of carriers or delays from labor difficulties, shortages, strikes or stoppages of any sort, fires, accidents, failure or delay in obtaining materials or manufacturing facilities, acts of government affecting us directly or indirectly, bad weather, or any cause beyond our control or causes designated Acts of God or force majeure by any court of law and when such delays arise, the estimated shipment, delivery and/or installation dates shall be extended accordingly. We will not be liable for any damages or penalties whatsoever, whether direct, indirect, special or consequential, resulting from our failure to perform or delay in performing unless otherwise agreed in writing by an authorized officer or his designee. The date of delivery of goods and equipment to be furnished hereunder is the date of delivery to the initial carrier. The date of delivery of work requiring installation and/or construction is the date of completion thereof. As of such date(s), risk of loss is transferred to you. You are solely responsible for claims for loss or damage thereafter, as well as for Loss or damage in transit. Claims for errors or shortages in shipments must be submitted to us, with adequate substantiation, within thirty (30) days after receipt. 6. TITLE: Except as otherwise agreed in writing, title to goods, materials and equipment furnished hereunder, or any part thereof, shall pass FORMS / Quotation Offer Acceptance Terms and Conditions to you as soon as all payments due have been fully made in cash. If default is made in any of the payments, we may retain all payments which have been made on account of the purchase price (up to 30% thereof) as liquidated damages, and we shall be entitled to the immediate re -possession of such goods, materials and equipment. We shall be free to enter the premises where the goods, materials and equipment may be located and remove them, without prejudice to our right to recover any further expenses or damages which we may suffer by reason of non-payment. 7. WARRANTY: Goods produced and services rendered by others and furnished by us are warranted only to the extent of the original supplier's warranty. Goods produced and services rendered by us for this order are warranted to conform to our published specifications therefor or to the technical description prepared by us for this order. We will correct at our expense any defect in goods produced and services rendered by us that results in a breach of this warranty under normal and proper use and service within twelve (12) months after the date of delivery thereof, provided that you promptly give written notice to us of such breach and we can confirm, under actual operating conditions, the condition which constitutes the alleged breach. All warranties shall be void and we shall not be responsible for the performance of any good or service that, after shipment or installation, is altered, tampered with, or repaired by anyone except personnel authorized by us; that is used under conditions varying materially from existing industry standards; that is damaged or fails to operate properly due to abrasion, corrosion or the influence of foreign energy or matter; or that proves unsuitable in an application of your choosing or a system of your design. THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE. IN PARTICULAR THERE SHALL BE EXCLUDED THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT IN ANY EVENT BE LIABLE FOR ANY COST OR EXPENSE, INCLUDING LABOR, IN CONNECTION WITH REMOVAL OR REINSTALLATION, FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR FOR ANY CLAIMS ARISING OUT OF THE SUPPLY OR USE OF ITEMS, DESIGNS OR SOFTWARE FURNISHED HEREUNDER, EXCEPT AS SET FORTH HEREIN. 8. REJECTION/RETURNS/CANCELLATION: Goods, materials or services may be rejected for cause only if you notify us in writing within thirty (30) days after the date of delivery. Failure to provide such notification constitutes acceptance of such goods, materials or services. Only orders for standard goods or materials may be cancelled and only standard goods or materials may be returned. No goods or materials may be returned more than 30 days after the date of delivery except with our written consent. An order for standard goods or materials may be cancelled prior to delivery and standard goods and materials may be returned within 30 days after the date of delivery, subject to a cancellation/re-stocking charge of 15% of the order value. An order involving installation or construction may be cancelled prior to on-site mobilization, subject to a cancellation charge of 25% of the order value. 9. RECORDS, AUDITS AND PROPRIETARY DATA: Unless otherwise specifically agreed to in writing signed by an authorized officer, neither you nor any representative of yours, nor any other person shall have any right to examine or audit our cost accounts, books or records of any kind or on any matter, or be entitled to or have control over any technical RAILWORKS TRACK SERVICES, INC. 4301 Bridgeton Industrial Drive Bridgeton, MO 63044-1204 (314) 291-2233 • (314) 291-2266 FAX