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Agreement for Preliminary Engineering Services - City to Reimburse the Railroad Costs for Engineering – Norfolk Southern Railway Company
1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 8, 2020 Mr. Eldridge Chambers Norfolk Southern Engineer Public Improvements 1200 Peachtree Street NE Atlanta, GA 30309 RE: Agreement for Preliminary Engineering Services Dear Mr. Chambers: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on September 8, 2020, approved the above referenced agreement for the City to reimburse the railroad costs for engineering review of the Olive St. reconstruction project, Phase II, in the amount of $7,447. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to iiie��slc 'Osotalibc��Idiri,u v. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES This agreement made by and between The City of South Bend, Indiana (hereinafter called "CITY"), and Norfolk Southern Railway Company, (hereinafter called "COMPANY"). The CITY will submit plans and specifications to said COMPANY for work which will involve or affect COMPANY facilities at the following location: Town, County, State: South Bend, St. Joseph County, Indiana AAR-DOT#: DOT # 522741D Street Bridge Name: Olive St. Description: Olive Street Improvements Mile Post Mileposts PY-0.99 Preliminary Engineering Cost Estimate: $7,447 Therefore, in consideration of the benefits moving to each of the parties hereto, they do mutually agree as follows: ARTICLE 1. REIMBURSEMENT. The CITY agrees to reimburse the COMPANY for actual cost of preliminary engineering necessary in connection with the project. The COMPANY shall submit to the CITY fair and reasonable costs of the aforesaid work performed as evidenced by detailed invoices acceptable to the CITY. The CITY shall reimburse the COMPANY in the amount of the approved costs so submitted. ARTICLE 2. EFFECTIVE DATE OF AGREEMENT. This agreement shall take effect at the time it is approved and signed by both the CITY and the COMPANY. ARTICLE 3. STARTING OF WORK. This agreement covers preliminary engineering services performed starting July 1, 2020. The COMPANY agrees to provide preliminary engineering services at the request of the CITY or its agent, whether written or verbal. ARTICLE 4. SCOPE OF WORK. The scope of this agreement is limited to review by the COMPANY of the plans and specifications to provide information to the COMPANY and the CITY regarding the project. This agreement does not constitute the COMPANY's approval of the project. IN WITNESS WHEREOF, the CITY and the COMPANY have caused these presents to be signed by their duly authorized officers: BOARD OF PUBLIC WORKS Cary A. ( lot, Pi ident Th- J. Doran, Member Elizabeth A. Mnradiyk, Mc7nbcr Rndan V. Crashers, M©mbu COMPANY Signature: Name: David Becker Title: Chief En2r. Design & Construction Date: .Joseph R. Mohm , Meanb. �rir� cRLnrn, Linda M. Mnrlin, Clcrk Work to be Performed By: For the Account of: Project Description: Location: Project No.: Milepost: File: Date: FORCE ACCOUNT ESTIMATE Norfolk Southern Railway Company The City of South Bend Olive St. Reconstruction South Bend, St Joseph County, Indiana DES # 1400637 PY-099 CX1113040 July 23, 2020 SUMMARY ITEM A - Preliminary Engineering 6,323 ITEM B - Construction Engineering 0 ITEM C - Accounting 1,124 ITEM D - Flagging Services 0 ITEM E - Communications Changes 0 ITEM F - Signal & Electrical Changes 0 ITEM G - Track Work 0 ITEM H - T-Cubed 0 GRAND TOTAL $ 7,447 ITEM A - Preliminary Engineering (Review plans and special provisions, prepare estimates, etc.) Labor: Labor Additives: Travel Expenses: Services by Contract Engineer: 10 Hours @ $60 / hour= 600 472 0 c �ci NET TOTAL - ITEM A S 6,323 ITEM B - Construction Engineering (Coordinate Railway construction activities, review contractor submittals, etc.) Labor: 0 Hours @ $60 / hour= 0 Labor Additives: 0 Travel Expenses: 0 Services by Contract Engineer: 0 NET TOTAL - ITEM B $ - ITEM C - Administration Agreement Construction, Review and/or Handling: 850 Accounting Hours (Labor): 5 Hours @ $30 / hour= 150 Accounting Additives: 124 NET TOTAL - ITEM C 1.124 ITEM D - Flagging Services (During construction on, over, under, or adjacent to the track.) Labor: 1 Flagging Foreman 0 days @ 3 10. 00 per day= 0 (based on working 10 hours/day) Labor Additive: 0 Travel Expenses, Meals & Lodging: 0 days @ $100/day= 0 Rental Vehicle 0 months @ $950/month= 0 NET TOTAL - ITEM D $ - ITEM E - Communications Changes Material: 0 Labor: 0 Purchase Services: 0 Subsistence: 0 Additive: 0 NET TOTAL - ITEM E $ - ITEM F - Signal & Electrical Changes (see attached summary) Material: Labor: Purchase Services: Other: NET TOTAL - ITEM F ITEM G - Track Work Material: (see attached summary) Labor: (see attached summary) Additive: (see attached summary) Purchase Services: (see attached summary) D&C (Lump Sum): (see attached summary) NET TOTAL - ITEM G ITEM H - T-CUBED Lump Sum (see attached summary) NOTES 1. For all groups of CONTRACT employees, the composite labor surcharge rate used in this estimate (including insurance) is 185.81%. Self Insurance - Public Liability Property Damage is estimated at 16.00%. Work will be billed at actual current audited rate in effect at the time the services are performed. 2. For all groups of NON -CONTRACT employees, the composite labor surcharge rate used in this estimate (including insurance is 78.59%. Self Insurance - Public Liability Property Damage is estimated at 16.00%. Work will be billed at actual current audited rate in effect at the time the services are performed. s. An appucaDie salvage items aue me lieparlment wlll De mane avanaDle LO IL aL Lne IODSILe loI ILS QISDOSAI. 4. The Force Account Estimate is valid for one (1) year after the date of the estimate (07/23/2020). If the work is not performed within this time frame the Railway may revise the estimate to (1) include work not previously indicated as necessary and (2) reflect changes in cost to perform the force account work. 0 0 0 0 0 0 0 0 0 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/31/2020 Name Leslie Biek, PE Department Engineering BPW Date 9/8/2020 Phone Extension Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ and Inclusion Officer Officer Name BPW Attorney ❑ Attorney Name Dept. Attorney ® Attorney Name Clara McDaniels Purchasing ❑ Check the Appropriate Item Type — Required for All Submissions ❑ Professional Services Agreement ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. ❑ Other: ® Contract ❑ Proposal ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Award ❑ Reject Bids/Quotes ❑ C/O & PCA No. ❑ PCA ❑ Traffic Control ❑ Resolution ❑ Ease./Encroach Reauired Information Company or Vendor Name Norfolk and Southern ❑ Yes ❑ If Yes, Approved by Purchasing New Vendor ® No Yes MBE MBE/WBE Contractor Completed E-Verify Form Attached ❑ ❑ No Project Name Olive Reconstruction Ph 2 Project Number 114-064 Funding Source RWDA TIF Account No. 324-10-102-121-442001 Amount $7,447 Terms of Contract Starting 7/1/2020 until complete Purpose/Description This is an agreement stating the City will reimburse the Railroad costs for engineering review of the Olive Ph 2 plans. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Combletion Date: