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HomeMy WebLinkAboutAgreement - Install Bells in West Side Quiet Zone - Canadian National - Grand Trunk Western Railroad Company1316 COh INTY-C[TY BUILDING °C 4' w a PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD �� a„ �� FAX 574/ 235-9171 SOUTH BEND_ INDIANA 46601-1930 • �. � `° , et X" CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS November 12, 2019 Mr. Chad A. Anderson Grand Trunk Western Railroad Company 700 Pershing Rd. Pontiac, MI 48340 RE: Agreement for Canadian National Dear Mr. Anderson: The Board of Public Works, at its meeting held on November 12, 2019, approved the above referenced agreement to install bells in West Side Quiet Zone in the amount of $29,371. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely,. Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU AGREEMENT FOR LOCAL AGENCY HIGHWAY -RAILWAY CROSSING IMPROVEMENTS THIS AGREEMENT, made and entered into this 121h day of November, 2019, by and between City of South Bend, Indiana, by and through its Board of Public Works (hereinafter the "LOCAL AGENCY") and the Grand Trunk Western Railroad Company, with its address located at 17642 S. Ashland Avenue, Homewood, IL 60430 (hereinafter referred to as "RAILROAD"); WITNESSETH: WHEREAS, in the interest of public safety and convenience, the parties hereto propose to perform installation of crossing bells on existing RAILROAD crossings at Ford Street and Walnut Street on the South Bend Subdivision at railroad milepost 99.18 and 99.33 as identified in Exhibit A; and WHEREAS, the parties mutually agree to accomplish the proposed improvements in part through the use of LOCAL AGENCY funds which are provided as an appropriation by the LOCAL AGENCY; WHEREAS, the RAILROAD has committed to perform installation of crossing bells to crossings at a Lump Sum cost of $29,371 to the LOCAL AGENCY; NOW THEREFORE, in consideration of the promises and of the mutual covenants and agreements of the parties hereto, to be by them respectfully kept and performed as hereinafter set forth, it is hereby agreed as follows: ARTICLE I. For the purpose of identifying the plans, specifications, estimates and other documents, this project will be designated as "Road Crossing Improvements at Grand Trunk Western Railroad Company's Milepost 99.18 and 99.33, at/near South Bend, Indiana". ARTICLE II. The project covered under this Agreement shall be subject to all applicable federal, state, and local laws, rules, regulations, orders and approvals pertaining to agreements, specifications, award of contracts, acceptance of work and general engineering practices. With respect to reimbursement by the LOCAL AGENCY to the RAILROAD, as hereinafter provided, for any work or portion thereof performed by the RAILROAD, the LOCAL AGENCY and the RAILROAD shall be governed by the applicable provisions of the Federal -Aid Policy Guide (FAPG), as currently amended, which is also made a part of this Agreement by reference. ARTICLE III. The proposed improvements to be accomplished shall be in accordance with attached Exhibit A. The RAILROAD's portion of the work for the proposed improvements, listed under "WORK TO BE PERFORMED BY RAILROAD" on Exhibit A, shall be in accordance with the plan and the cost attached hereto as Exhibit A. No approved plan or specification shall be changed by the RAILROAD without written permission from the LOCAL AGENCY, excepting for minor changes necessitated by actual field conditions encountered at the time of construction or substitutions of equivalent materials as may be agreed upon by RAILROAD's and LOCAL AGENCY's respective representatives. ARTICLE V. All items of work listed under "WORK TO BE PERFORMED BY RAILROAD" on Exhibit A may be performed by the RAILROAD with its own forces on a force account basis, countinuing contract, or by contract. In the event the RAILROAD elects to engage a contractor to perform all or a substantial portion of the work, the RAILROAD shall furnish LOCAL AGENCY the name of the contractor whose services will be used to perform the work. Such contracts will be in compliance with any applicable State statutes and implementing rules and regulations prohibiting discrimination in the solicitation or selection of contractors or subcontractors on the basis of race, color, national origin or sex. ARTICLE V. The LOCAL AGENCY shall prepare any required detailed drawings, plans and specifications as may be required for any proposed improvements listed under "WORK TO BE PERFORMED BY LOCAL AGENCY" on Exhibit A, and shall perform or arrange for the performance of said items of work at its sole cost, risk and expense, except as may otherwise be specifically provided for in this Agreement. ARTICLE VI. In the event the work to be performed by LOCAL AGENCY is to be let by contract, the LOCAL AGENCY shall require its contractor(s) enter into the current standard RAILROAD right of enrty agreement. The LOCAL AGENCY will enter into the current standard RAILROAD right of enrty agreement in regards to any work to be performed by LOCAL AGENCY's own forces, excepting the provisions thereof pertaining to the furnishing of certificates of insurance or as may be otherwise provided in this agreement. ARTICLE VII In the event the work to be performed by the LOCAL AGENCY on or in close proximity to the RAILROAD's property, tracks or other facilities is let by contract, the LOCAL AGENCY shall require its contractor or contractors to furnish evidence of Workmen's Compensation coverage and to maintain at all times during the performance of any construction or reconstruction work the following types of insurance: (A) Contractors' Public Liability and Property Damage Liability Insurance, including automobile coverage, with a combined single limit of $5,000,000 per occurrence with an aggregate limit of $10,000,000 for the term of the policy; (B) if subcontractors are involved, Contractors' Protective Public Liability and Property Damage Liability Insurance with the limits prescribed in (A) above; and (C) Railroad Protective Public Liability and Property Damage Liability Insurance with the limits prescribed in (A) above. The Railroad Protective policy shall name the Grand Trunk Western Railroad Company as the insured, shall be in a form acceptable to the RAILROAD and said insurance shall be primary as it relates to the this contract. The LOCAL AGENCY shall require its contractor(s) to furnish to the RAILROAD the original Railroad Protective policy and certificates evidencing the other insurance coverage specified herein. The Railroad Protective policy and all other insurance certificates must meet with the RAILROAD's approval before any work may be started on the RAILROAD's property or in close proximity of RAILROAD's tracks or other facilities by the said contractor or contractors. 2 ARTICLE VII. Subsequent to the award of any contract or contracts by the parties, and before any work commences on this project, a conference shall be held between the representatives of the LOCAL AGENCY, the RAILROAD and the interested contractor(s), at a mutually convenient time and place, for the purpose of coordinating the work to be performed, and at which time a schedule of operations will be adopted. Such schedule of operations will provide sufficient lead time for the RAILROAD to order and assemble their respective materials. ARTICLE IX. Upon execution of this agreement, the RAILROAD shall promptly assemble the necessary materials and, as soon as possible thereafter, arrange to perform its work consistent with the schedule of operations adopted and in accordance with the approved plans and specifications, and shall notify the agencies listed on Exhibit "A" before commencing work. ARTICLE X. The RAILROAD shall bill the LOCAL AGENCY at a fixed cost Lump Sum of $29,371.00 for the work of installing bells cost to complete the work of the crossings at milepost 99.18 and 99.33 of the South Bend Subdivision. The Local Agency will be billed 50% of the cost or $14,685.50 on the end of the month when work starts at the site and the remaining 50% or $14,685.50 upon completion of bell installation work. ARTICLE XI. The LOCAL AGENCY hereby certifies that for payment of its obligations incurred in connection with the construction of the proposed improvements, the necessary appropriations have been made and are evidenced by the attached resolution. ARTICLE XII. In the event that delays or difficulties arise in securing any necessary approvals, acquiring rights -of -way, settling damage claims, or for any other cause which in the opinion of the LOCAL AGENCY renders it impracticable to proceed with the construction of the project, then at any time before the construction is started, LOCAL AGENCY may serve formal notice of cancellation upon the RAILROAD and this Agreement shall thereupon terminate. In the event of cancellation, LOCAL AGENCY shall reimburse the RAILROAD for all eligible cost and expense incurred by the RAILROAD prior to receipt of notice of cancellation and payment by LOCAL AGENCY. ARTICLE XIII. This Agreement shall be binding on the parties hereto, their successors and assigns to the extent permitted under law. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate counterparts, each of which shall be considered an original, by their duly authorized officials as of the day and date first written above. 3 GRAND TRUNK WESTERN RAILROAD COMPANY Chad A. Anderson Southern Regional Engineer CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORDS Gary r^ Gilot, Presi ent . w ........... ..... — - - — ---- aura O' Sullivan, Member Genevieve E. Miller, Member Therese J. Dorau, Member W Elizabeth A. Mara Member ATTES ,F "Lis la M. Martin, Clerk 4 RESOLUTION NO. BE IT RESOLVED, that the City of South Bend, Indiana, by and through its Board of Public Works (the "City"), hereby authorizes execution of an Agreement dated 12, November, 2019 with the Grand Trunk Western Railroad Company, copy attached, covering "Ford" and "Walnut" Road Crossing Improvements at Grand Trunk Western Railroad Company's Milepost 99.18 and 99.33, at/near South Bend, Indiana;" on behalf of said City by affixing their signature to each of two (2) original counterparts of said Agreement, the same to be attested by the Board of Public Works Clerk; and it is herein and hereby certified and affirmed that funds have been appropriated and are available for the payment by the City of any amounts agreed to be paid by it under the terms of said Agreement. BE IT FURTHER RESOLVED a certified copy of this resolution be transmitted to the Grand Trunk Western Railroad Company. **************************************************** 11 —mm............. ............................. _ Clerk of the City of South Bend Board of Public Works, do hereby certify the foregoing to be a true and correct copy of a resolution adopted by the said Board of Public Works of the City of South Bend, Indiana, at a meeting on November 12, 2019; that said resolution is still in effect; that the Agreement referred to therein, attached thereto, is in the form presented to said meeting and in the form executed. WITNESS the seal of said 2019. and my signature this _day of............_ ............... _ ,, (SEAL) Clerk, Board of Public Works City of South Bend, Indiana 5 EXHIBIT A CA-0-� (r jQEdNTIERKA- 11 ON: RAILROAD: Grand Trunk Western Railroad Company RR MILEPOST: 99.18 and 99.33 ROAD NAME: Ford Street and Walnut Street LOCATION South Bend, IN r)EW: Rml 1-Q . Er "FORK 3O I F PI�RI"O*OR14 F BY RAILROAD: 1. Upgrade relay flasher control circuits to solid state crossing controllers to add bells. 2. Incidental work necessary for completion of above. Iit11'"L'14I lµ,µl I31 l llllal% _I3 is LC1=AL 1. Incidental work necessary for completion of above. TOTAL LUMP SUM COST OF WORK BY RAILROAD: $29,371 LOCAL AGENCY's SHARE OF RAILROAD COST: 100% NOTIFY BEFORE COMMENCING WORK: Grand Trunk Western Railroad City of South Bend, IN c/o Mr. Michael Burgett Manager of Signals 700 Pershing Road Pontiac, MI 48340 ............... ph. (248) 452-4851 ph. Page 1 of 2 � � �4��� �kG,� b� GRAND TRUNK WESTERN RAILROAD COMPANY A WHOLLY OWNED SUBSIDIARY OF CANADIAN NATIONAL RAILWAY COMPANY HIGHWAY -RAIL GRADE CROSSING SIGNAL ESTIMATE Roadway Name: Location: Railroad Region: Railroad Subdivision: Railroad Milepost: DOT Crossing No.: Ford St & Walnut St South Bend, IN Southern South Bend 099.18 & 099.33 283328K & 283340S Date: July 25, 2018 Est: 18-E022 Prepared By: Todd Ferguson Description of Work: Upgrade relay flasher control circuits to solid state crossing controllers to add bells to Ford St. & Walnut St. Ford St & Walnut St Page 2 South Bend, IN 18-EO22 MISCELLANEOUS MATERIAL Item Quanjity Units, Unit Cow Cost Signal Material 2 LOT $ 500,00 $ 1,000.00 SUBTOTAL MISCELLANEOUS MATERIAL $ 1,000.00 QRMING PACKAGE M6IERIAL Item Qiaoifty Units Onit Cq§ Cost SSCC IV 40A Crossing Controller 2 EACH $ 2,429.00 $ 4,858.00 Bell, Electronic 2 EACH $ 385.00 $ 770.00 SUBTOTAL CROSSING PACKAGE MATERIAL $ 5,628.00 TOTAL MATERIAL $ 6,628.00 LABOR -SIGNAL LAD Item Man Days o sue, Cost Signal Maintainer/Inspector 10 $ 345.00 $ 3,450.00 SUBTOTAL SIGNAL LABOR $ 3,450.00 OTHER Item Quantity Units Unit.g9sl cost Freight on Crossing Package 1 L.S. $ 500.00 $ 500.00 Construction Engineering (Contracted) 2 L.S. $ 5,000.00 $ 10,000.00 Sales Tax on Material (7%) 1 L.S. $ 394.00 $ 394.00 TOTAL OTHER $ 10,894.00 TOTAL DIRECT COSTS $ 20,972.00 Ford St & Walnut St South Bend, IN Material Material Additive Signal Labor Signal Labor Additive Other TOTAL DIRECT COSTS TOTAL FHWA ADDITIVES GRAND TOTAL FHWA BASIS FHWA ADDITIVES 5.00% 233.85% $ 6,628.00 $ 3,450.00 $ 10, 894.00 $ 20,972.00 Page 3 18-E022 $ 331.00 $ 8,068.00 $ 8,399.00 $ 29, 371.00 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/5/2019 Department Public Name Becca Plantz Works BPW Date 5/28/19 Phone Extension 5998 Required Prior to Submittal to Board BPW Attorney Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing F-] Check the Apprqprie Ite ItemType l� F] Professional Services Agreement F] Contract E] Open Market Contract EJ Amendment/Addendum F] Bid Opening EJ Bid Award ❑] Quote Opening Quote Award EJ Proposal Opening n C/O & PCA No. n Chg. Order, No. E] Traffic Control El Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description wired Information All Submissions Proposal Special Purchase, QPA [] Req. to Advertise F-] Reject Bids/Quotes n PCA ❑ Resolution Ease./Encroach ❑ Title Sheet Canadian National ..__.�............... ❑ Yes F] If Yes, Approved by Purchasing ❑ No MBECompleted E-Verify Form Attached ❑ No West Side Quiet Zone .. _....................... 117-114 LRSA Ca iital _Proiects 251-0608-431.42-96 mmm $29,371 Lump Sum Agleement with Canadian National to install bells at Ford Street and Walni Street For Change Orders On1�IT . � ... ..�............W Amount of Increase $ n Decrease ($ ) Previous Amount $ .................. Increase Increase % Current Percent of Change: Decrease ( % New Amount $ Increase % ................................. Total Percent of Change: Decrease Time Extension Amount: New Completion Date: