HomeMy WebLinkAboutIowa Department of Transportation-6/29/2015 (2)Please reeuvn 4 copy eo:
City Clerk & Finance Dept.
715 Mulberry St.
Waterloo, IA 50703
9, IOWA ■r State of Iowa
® State - Aid
Fom, 291308 (01-15) Grade Crossing Surface Repair Fund
Office of Rail Transportation
800 Lincoln Way Ames, IA 50010 Force Account Agreement
Chicago Central and Pacific Railroad Company
Rejection Reason
Railroad Crossing Location Information
County: 07 BLACK HAWK FRA No: 307180C
Location: W AIRLINE HWY Waterloo
Street Name
Contact Information
Highway Authority Contact: Jeff Bales
Office Phone No:
City Name
307180C43
Project Number
Email Address: jeffbales@waterloo-ia.org
Railroad Company Contact: TOM BOURGONJE
Office Phone No: 3192369205 Email Address: ARIANS@CN.CA
Iowa DOT Program Manager: Matthew Law
Office Phone No: 515-239-1108 Email Address: Matthew.Law@dot.iowa.gov
Iowa DOT Project Inspector: Travis Tinken
Office Phone No: 515-290-5055 Email Address: Travis.Tinken@dot.iowa.gov
Page 1 of 8
FRA No:
307180C
THIS AGREEMENT, entered into pursuant to Iowa Code Ch. 327G and 761 Iowa
Administrative Code, Chapter 821, is between Waterloo, Iowa, hereinafter referred to as HIGHWAY
AUTHORITY, and the Chicago Central and Pacific Railroad Company, hereinafter referred to as
COMPANY, and Iowa Department of Transportation, hereinafter referred to as DEPARTMENT.
The HIGHWAY AUTHORITY and the COMPANY agree to repair the at -grade crossing
located at W AIRLINE HWY, Iowa, and further agree as follows.
SECTION I. Work Statement and Performance. The COMPANY and the HIGHWAY
AUTHORITY have determined the extent of the repair to be performed at this crossing, including
railway, roadway approach modifications, and replacement of existing sidewalks and/or recreational
trails. This repair shall conform to the COMPANY and HIGHWAY AUTHORITY Standards. The
agreed work, generally described in the Work Statement identified as Exhibit "A" attached hereto and
made part of this Agreement, is to be performed by COMPANY forces. In the absence of specific
COMPANY standards that have been accepted by the DEPARTMENT, BNSF/Union Pacific Railroad
common crossing standards shall be used as guidance. Current standards are at the following website
and considered as part of this agreement: http://www.iowadot.gov/iowarail/pdfs/UP-BNSF%
20road_xings%20Std.pdf
The HIGHWAY AUTHORITY will be responsible to have existing sidewalk(s) and/or
recreational trail(s) replaced by a contractor or their own forces, in accordance with the Americans with
Disabilities Act (ADA) requirements. In the absence of specific HIGHWAY AUTHORITY standards
that are acceptable to the COMPANY, the DEPARTMENT's Standard Road Plan MI -220 shall be used.
As per Standard Road Plan MI -220, the detectable warning is to be installed 12' from the edge of the
nearest rail, and the sidewalk is a minimum width of 5'. The project will include the cost of an
additional two feet of sidewalk and/or recreational trail, or to the nearest sidewalk and/or recreational
trail joint, whichever is less, beyond the detectable warning. Any additional new sidewalk and/or
recreational trail beyond that point will be paid by the HIGHWAY AUTHORITY and is not part of this
project. Truncated domes are the only detectable warnings allowed by ADA Accessibility Guidelines.
Grooves, exposed aggregate, and other designs intended for use as detectable warning are too similar to
pavement textures, cracks, and joints and are not considered equivalent facilitation, and do not comply
with ADA requirements. Future maintenance of the sidewalk(s) and detectable warning device will be
the responsibility of the HIGHWAY AUTHORITY.
The HIGHWAY AUTHORITY will coordinate and have the approaches completed according to
the Exhibit "A" of this agreement. The HIGHWAY AUTHORITY will pay the contractor and submit a
detailed invoice billing to the COMPANY for 100% of the approach costs, along with costs for the
sidewalk, and/or recreational trail. Copies of the contractors invoice(s) should be included with the
HIGHWAY AUTHORITY's billing. The COMPANY will reimburse the HIGHWAY AUTHORITY at
100%. These costs will then be included in the final billing to the DEPARTMENT and HIGHWAY
AUTHORITY.
If the HIGHWAY AUTHORITY chooses to place the approaches, sidewalk(s) and/or
recreational trail(s) with their own forces, they will submit an itemized billing for 100% of their costs to
the COMPANY. The COMPANY will reimburse the HIGHWAY AUTHORITY at 100%. These costs
will then be included in the final billing to the DEPARTMENT and HIGHWAY AUTHORITY.
The COMPANY will have the asphalt contractor chosen by the HIGHWAY AUTHORITY
place the underlayment in the track opening as per the UP/BNF specifications. The billing for all
asphalt will be included in the invoice the contractor submits to the HIGHWAY AUTHORITY and
Page 2 of 8
FRA No:
307180C
handled the same as stated above.
SECTION II. Cost Estimate. The estimated cost of the project work is itemized on Exhibit "B"
attached hereto, and made part of this Agreement.
SECTION III. Work Start and Completion. The date this agreement is signed by the
DEPARTMENT is the COMPANY's authorization to proceed with the work. The COMPANY
shall begin the construction of the project as soon as possible after the date the DEPARTMENT signs
this agreement and shall complete the project within 18 months. Costs incurred prior to the
DEPARTMENT signing the agreement are not reimbursable under this Agreement. Cost incurred more
than 18 months after the DEPARTMENT signs this agreement will not be reimbursed unless the
COMPANY has requested in writing, prior to expiration of the agreement, and received from the
DEPARTMENT a written extension of time for completion. The DEPARTMENT shall have complete
discretion, and be the sole authority to grant or deny extensions. Costs incurred for work following the
extension time will not be reimbursed.
SECTION IV. Traffic Control. The roadway will be closed during repair. Exhibit "A"
describes specific closure conditions. The HIGHWAY AUTHORITY is responsible for the
establishment and payment for traffic control (i.e.: barricades, signing, detours, detour damage, and
runarounds).
The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1) a minimum of
60 days in advance of the approximate starting date to allow the HIGHWAY AUTHORITY to
implement the detour; and 2) 14 days in advance of the actual starting date to allow the HIGHWAY
AUTHORITY adequate time to provide and install appropriate signs on the detour.
SECTION V. Work Notification. The COMPANY shall notify the DEPARTMENT and the
HIGHWAY AUTHORITY's Contact Person no later than 14 days prior to the start of its work at the
crossing. The HIGHWAY AUTHORITY shall be given ample opportunity to document the materials,
equipment, and labor required to complete the project. The DEPARTMENT and HIGHWAY
AUTHORITY shall have the right to inspect the project work at any time. The HIGHWAY
AUTHORITY shall perform on-site inspection of the project work each day.
SECTION VI. Project Completion. After the COMPANY has completed the required work, the
COMPANY shall so notify the DEPARTMENT and the HIGHWAY AUTHORITY in writing or
by email within 30 days of completion. The DEPARTMENT shall arrange an inspection with the
HIGHWAY AUTHORITY, and the COMPANY in order for all parties to determine whether the
project work has been completed in accordance with the terms of this Agreement or Amendments
thereto. Pavement markings and stop lines shall be placed by the HIGHWAY AUTHORITY as
required by Part 8 of the Manual on Uniform. Traffic Control Devices for Streets and Highways. If the
existing traffic control devices at a multiple track: highway -rail grade crossing become improperly
placed or inaccurate because of removal. of some •o •the tracks, the existing devices shall be relocated
and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices,
Part 8. If the roadway is widened or relocated, the existing devices shall be relocated and/or modified at
HIGHWAY AUTHORITY expense pursuant to the Manual On Uniform Traffic Control Devices, Part
8. Relocation of the traffic control devices will be completed prior to removal of the detour. When the
work has been completed in accordance with the Agreement, the COMPANY, DEPARTMENT, and
the HIGHWAY AUTHORITY shall sign a Certificate of Completion and Acceptance form at the
project site following final inspection.
SECTION VII. Reimbursable Costs. The COMPANY will keep an accurate and detailed
account of actual and necessary reimbursable costs incurred under this Agreement. Replacement of
Page 3 of 8
FRA No:
307180C
•
existing sidewalk(s) and/or recreational trail(s), and subcontracted work costs shall be included in detail
with the COMPANY billing. The cost of labor, material, all associated additives and subcontracted
work costs are reimbursable, and shall be billed on a force account basis in accord with Title 23 Code of
Federal Regulations, Part 140, Subpart I. Labor additives reimbursed are to be exclusive of indirect
and overhead costs as elected by the DEPARTMENT and provided for by 23 CFR 140.907(a). The
cost of preliminary project engineering, construction inspection, track inspection, relocation of existing
signals, signal wires, and switches, or the construction of runarounds will not be eligible project
reimbursable costs.
SECTION VIII. Cost Sharing. The HIGHWAY AUTHORITY and COMPANY each shall pay
twenty percent (20%) of the reimbursable costs defined in SECTION VII for work described in Exhibit
"A". The DEPARTMENT will use the Grade Crossing Surface Repair Fund to reimburse the
COMPANY for sixty percent (60%) of the total eligible costs for this project. The DEPARTMENT's
CERTIFICATE OF AUDIT shall establish eligible reimbursable project costs.
SECTION IX. Progressive Payments. The COMPANY may submit accurate progressive bills
to the DEPARTMENT for sixty percent (60%) of its material, labor and any subcontracted costs
included in Exhibit "B", for each crossing location. The billing for material shall be for those materials
that have been delivered to the project location or specifically purchased and delivered to the
COMPANY for use on the project. The DEPARTMENT and HIGHWAY AUTHORITY may make
progressive payments to the COMPANY for one -hundred percent (100%) of each party's billed
participation, or the HIGHWAY AUTHORITY may elect to retain a percentage of their billed
participation.
SECTION X. Final Billing. If applicable, the HIGHWAY AUTHORITY will submit a detailed
billing to the COMPANY for the actual sidewalk and/or recreational trail replacement costs. Upon
completion of the project the COMPANY shall submit an accurate final and complete, itemized,
electronic billing. Final bill shall include a detailed summary of all incurred costs.
SECTION XI. Final Payment. The DEPARTMENT, upon receipt of the final bill and
Certificate of Completion and Acceptance form, shall review, and forward the final bill to the
DEPARTMENT'S Office of Audits for final audit. Reimbursement to the COMPANY shall be
governed by the DEPARTMENT'S Certification of Audit. The DEPARTMENT shall make payment to
the COMPANY equal to 60 percent (60%) of the final reimbursable amount, less previous payment.
The COMPANY shall promptly reimburse the DEPARTMENT in the amount of any overpayments.
The HIGHWAY AUTHORITY shall make payment equal to 20 percent (20%) of the
COMPANY final billing or the estimated cost noted on Exhibit "B" of the agreement, less previous
payment, within 30 days of its receipt of the COMPANY final billing. In the event of overpayment by
the HIGHWAY AUTHORITY as determined by the DEPARTMENT audit of COMPANY records, the
COMPANY shall pay the HIGHWAY AUTHORITY the amount of overpayment within 30 days of its
receipt of the DEPARTMENT final audit.
SECTION XII. Maintenance and Abandonment. Upon completion of the project, the
COMPANY shall maintain the crossing surface to provide a safe and sufficient crossing for vehicular
travel. If the track is removed from both sides of the crossing, the COMPANY shall remove the surface
material, rail and cross ties from the crossing and shall restore the roadway void to the satisfaction of
the HIGHWAY AUTHORITY, all at COMPANY expense. If the existing traffic control devices at a
multiple -track highway -rail grade crossing become improperly placed or inaccurate because of removal
of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense
Page 4 of 8
FRA No:
307180C
pursuant to the Manual on Uniform Traffic Control Devices, Part 8. . Future maintenance of the
sidewalk(s) and detectable warning device will not be the responsibility of the COMPANY.
SECTION XIII. Standard Title VI Assurances. The COMPANY shall comply with all
applicable DEPARTMENT and Federal laws, rules (including the administrative rules adopted by the
DEPARTMENT for the IPPP Program - 761 Iowa Administrative Code, chapter 201), ordinances,
regulations, and orders. The COMPANY, and ' all agents of the COMPANY that participate in the
project, shall also comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to Title 49, Code of Federal
Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 - to the end that
no person in the United States shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity receiving financial assistance from the DEPARTMENT.
SECTION XIV. Successor and Assigns. This agreement shall be binding upon all successors or
assigns. The COMPANY shall provide written notice to the HIGHWAY AUTHORITY and the
DEPARTMENT of any assignment of this Agreement.
SECTION XV. Project Contact Persons. All notices and communications essential to complete
the work required by this Agreement shall be made to the Contact Persons and the DEPARTMENT
specified on the cover page of this Agreement.
SECTION XVI. Integration and Amendment. This Agreement and its exhibits constitute the
entire Agreement between the DEPARTMENT, the COMPANY, and the HIGHWAY AUTHORITY
concerning this project. If the DEPARTMENT determines a substantial change is to be made in
the project work described in Exhibit "A", the DEPARTMENT will furnish the written approval
of the change.
SECTION XVII. Termination Due to Lack of Funds. Notwithstanding anything in this
Contract to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have
the right to terminate this Contract without penalty and without any advance notice as a result of any of
the following: 1. The federal government, legislature or governor fail in the sole opinion of the
DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its
obligations under this Contract or to operate as required and to fulfill its obligations under this Contract;
or 2. If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds
or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or
unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3. If the
DEPARTMENT's authorization to conduct its business or engage in activities or operations related to
the subject matter of this Contract is withdrawn or materially altered or modified. The DEPARTMENT
shall provide the HIGHWAY AUTHORITY and COMPANY with written notice of termination
pursuant to this section. The DEPARTMENT will.pay the COMPANY for the DEPARTMENT share
of the non -cancelable obligations allowable under the Agreement and properly incurred by the
COMPANY prior to termination.
SECTION XVIII. Merged Documents. This agreement may be executed and delivered in three
or more counterparts, each of which so executed and delivered shall be deemed to be an original, and all
shall constitute but one and the same instrument.
If any section, provision, or part of this Agreement shall be found to be invalid or
unconstitutional, such judgment shall not affect the validity of any section, provision, or part thereof not
found to be invalid or unconstitutional.
Page 5 of 8
FRA No:
307180C
IN WITNESS WHEREOF the COMPANY, the HIGHWAY AUTHORITY and the
DEPARTMENT hereto have caused this Agreement to be executed by their duly authorized officers as
of the dates indicated below.
Executed by the COMPANY
By: 70/1% 80GfiT0#cTE
Name
Chicago Central and Pacific Railroad
03-23-2015
Execute. the HIGHWAY A HO Waterloo, Iowa
By:�g�,Z
Name
Executed by the DEPARTMENT this
By:
Tamara Nicholson, Director
Office of Rail Transportation
Page 6 of 8
Date
Iowa Department of Transportation
Date
1OWADOT
Form 040016 (01-15)
FRA No:
307180C
EXHIBIT "A" - WORK STATEMENT
Iowa Grade Crossing Surface Repair Fund and
Federal -Aid RailHighway Crossing Surface Repair
Meeting Date: 11-19-2014 FRA No: 307180C
County: 07 BLACK HAWK City: Waterloo
Highway Authority:Waterloo RR Company: Chicago Central and Pacific Railroad Company
Location: W AIRLINE HWY
Road
1. Crossing(s) Reconstructed
A. COMPANY will reconstruct 1 crossings of 108 total feet that include 76 feet of Rubber surface material
through the traveled roadway and 32 feet of Rubber surface material through the shoulder or sidewalk area. As
a minimum, the crossing must extend beyond the edge of the traveled roadway and through the shoulder if not
curbed.
B. Existing rail weight through crossing(s) 115
2. Traffic Controls (check below)
❑ A highway runaround will be constructed to permit two-lane traffic during repair.
The highway will be closed for 7 days during repair.
It
NOTE: The HIGHWAY AUTHORITY is responsible for placement and cost of barricades, signing, detours, detour
damage, and runarounds.
A. The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person:
1). A minimum of sixty (60) days in advance of the approximate starting date to allow the HIGHWAY
AUTHORITY to implement the detour.
2). Fourteen (14) days in advance of the actual starting date to allow the HIGHWAY AUTHORITY adequate
time to provide and install appropriate signs on the detour.
The COMPANY shall advise the STATE PROJECT INSPECTOR fourteen (14) days in advance of the actual
starting date.
3. Track Elevation Relative to Existing Road Pavements (check below)
❑ Tracks will be constructed to meet existing road grade.
❑ Roadway will be reconstructed to meet a proposed new track grade (roadway work is not covered by this
Agreement.)
Ej Tracks will be elevated 1 inches above the adjacent roadway requiring a taper (complete item 4A and 4B.)
In any event, the parties agree to provide a smooth crossing.
4. Roadway Work -- Must be sufficient to provide a smooth crossing.
A. Approach Length (estimated)
A 35 foot taper on the East side of the crossing and a 35 foot taper on the West side of the crossing, requires
of PCC material (estimated). Taper length should not exceed 25 feet for each inch of track raise.
This work will be completed by (mark with an )0:
O COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY contractor ® HIGHWAY AUTHORITY'S contractor
Page 7 of 8
B. Track Opening in the Roadway (mark with an .,ij
❑ Existing track opening will be maintained.
❑ Track opening of 21 feet will be required involving the following described roadway modifications. Est.
HMA tonnage
This work will be completed by (mark with an :
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY contractor ® HIGHWAY AUTHORITY'S contractor
5. Existing Sidewalk(s) and/or Recreational Trail replacement by HIGHWAY AUTHORITY
The quadrants requiring upgrades to meet ADA requirements (mark with an "19:
Sidewalk (5' width required) * Rec Trail (10' width)
❑ NE (feet) ❑ SE (feet) ❑ NE (feet) ❑ SE (feet)
❑ NW (feet) ❑ SW (feet) ❑ NW (feet) ❑ SW (feet)
* Recreational trail footage will be doubled because we use the sidewalk 5' width cost for reimbursement.
This work will be completed by (mark with an A.
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY'S contractor ❑ HIGHWAY AUTHORITY's contractor
6. Crossing(s) Permanently Retired and Removed
A. COMPANY will retire and remove crossing(s).
B. Voids in pavement will be filled with material requiring (units).
This work will be completed by (mark with an )0.
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY'S contractor ❑ HIGHWAY AUTHORITY's contractor
7. Drainage (mark with an A9
A. ❑ Present drainage is adequate.
B. ❑ Drainage work required. Specify work to include materials and outlet.
C. ® Clean all four (4) quadrants for good surface drainage.
8. Additional Construction and Traffic Control Conditions; i.e., Road Closure Limitations - Construction at this
crossing included with this project, and not described above. Only ACC or PCC will be placed one (1) foot from the
railroad surface material.
State Project Manager: Additional Attendees:
Travis Tinken Harlan Arians
515-290-5055 (cell phone) Jeff Bales
7 a ' 77/4/( 03-23-2015
Name Date
Page 8 of 8
$12,868 1
$44,8941
TOTAL
$22,275
$2,586
$24,8611
(107,472.00)
(107,472.00)1
Estimate:
Location:
Company Name:
Subdivision Name:
Mile Post:
State
Network #
Operations Special Capital Project Estimate
NEW RUBBER @ W AIRLINE HWY 307180C
NEW RUBBER @ W AIRLINE HWY 307180C
WATERLOO
CCP
WATERLOO
279.57
IA
x
Southern Region
Design & Construction
Homewood, IL
Date created: February 9, 2015
Date revised: February 9, 2015
Status: FINAL
Description
LABOR
Unload/Distribute Material
Construct Track
Surfacing
Welding
Install Crossings
S&C Labor
Remove Crossings
(TOTAL DIRECT LABOR
GANG SIZE
5
5
3
2
7
1
7
UM QTY PRICE
Days MD
2 10 $263
2 10 $263
2 6 $278
3 6 $268
1 7 $263
2 2 $325
1 7 $263
TOTAL)
$2,631
$2,631
$1,666
$1,608
$1,842
$650
$1,842
Description
MATERIAL
UM QTY PRICE
Rail New
Field Welding
Spikes
Anchors
Tie Plates
Minor OTM
Track Ties
Switch Ties
Ballast
Crossing Materials
S&C Material
ITOTAL DIRECT MATERIAL
TOTAL)
$6,286
$1,003
$62
$1,560
$6,946
$4,679
$405
$5,558
$2,699
$21,962
$557
$51,717 1
Description
OTHER
UM QTY PRICE
Per Diem (Mandays)
Rental Equipment
Approach work/asphalt
Contingency
(TOTAL OTHER
1
SUM 48 $82.71
SUM 1 $8,277
SUM 1 $26,249
5% $127,943
TOTAL(
$3,970
$8,277
$26,249
$6,397
(ADDITIVES
UM QTY PRICE
Labor Surcharges (IaDOT approved 07-19-2012)
Material Surcharges
(TOTAL ADDITIVES (EXCLUDES * ITEMS)
$12,868 173.10%
$51,717 5.00%
(DONATION
Recoverable Donation to CN
Amount
(107,472.00)
TOTAL(
(TOTAL DONATION
TOTAL PROJECT COST
$134,340
1 of 3
MATERIAL
Material Description
`NEW 115# - US MADE RAIL
THERMITE KIT 115 #
SPIKE TRACK 5/8' X 6", 50 Ib Keg
RAIL ANCHOR 115
TIE PL DS 7-112X14 BASE 5-1/2N
PLATE TIE MSR 7-1/2" X 15-1/2" 100-115#
SS5 SCREW TIE HEAT TREATED
E -CLIP GAVLANIZED 110-136#
RAIL TRANSITION 8MM 19'-6" OR R 20'-0" 115#
TRACK 7"X9 X8'6" HWD#1
SWITCH TIE - 10' HW
BALLAST ROAD (80T per car)_
RUBBER CROSSING MATERIAL - 115# (Per Quote)
ASPHALT - ROADWAY APPROACH
SIGNAL MATERIALS (Per Signal Dept Estimate)
FORECAST
Operations Special Capital Project Estimate
FOR:
NEW RUBBER @ W AIRLINE HWY 307180C
Southern Region
Design & Construction
Homewood, IL
NEW RUBBER @ W AIRLINE HWY WATERLOO 280
307180C
State Tax UM QTY Unit Price Total
5.00% LF 320 18.71 $6,286-
5.00%
865 00% EA 10 95.51 $1,003
5.00% CN 2 29.50 $62!,
5.00% EA 1,000 1.49 $1,560
5 00% EA 16 9.07 $152
5 00%EA 172 37.62 $6,794
5.00%
EA 688 1.41 $1,020
5.00% EA 344 3.18 $1,150
5.00% EA 4 597.46 $2,509'
5 00% EA 8 48.24 $405,
5.00% EA 86 61.55 $5,558'
5.00% TON 285 9.02 $2,699'
5.00% TF 108.0 193.67 -$21,962
5.00% TN 139 180.41 $26,249;
5.00% SM 1 1,061.21 $557
2 of 3
Operations Special Capital Project Estimate
NEW RUBBER @ W AIRLINE HWY 307180C
STATE COST SUMMARY
Estimate: NEW RUBBER @ W AIRLINE HWY 307180C
Location: WATERLOO
Company Name: CCP
Subdivision Name: WATERLOO
Mile Post: 279.57
February 9, 2015
LABOR $38,224
MATERIAL $57,018
EQUIPMENT $11,537
APPROACH WORK $27,561
OTHER $Q
PROJECT TOTAL $134,340
3 of 3
Southern Region
Design & Construction
Homewood, IL
Form 291308 (01-15)
Office of Rail Transportation
800 Lincoln Way Ames, IA 50010
Rejection Reason
State of Iowa
State - Aid
Grade Crossing Surface Repair Fund
Force Account Agreement
Chicago Central and Pacific Railroad Company
Railroad Crossing Location Information
County: 07 BLACK HAWK FRA No: 307180C
Location: W AIRLINE HWY Waterloo
Street Name
Contact Information
Highway Authority Contact: Jeff Bales
Office Phone No:
City Name
307180C43
Project Number
Email Address: jeff.bales@waterloo-ia.org
Railroad Company Contact: TOM BOURGONJE
Office Phone No: 3192369205 Email Address: ARIANS@CN.CA
Iowa DOT Program Manager: Matthew Law
Office Phone No: 515-239-1108 Email Address: Matthew.Law@dot.iowa.gov
Iowa DOT Project Inspector: Travis Tinken
Office Phone No: 515-290-5055 Email Address: Travis.Tinken@dot.iowa.gov
Page 1 of 8
FRA No:
307180C
THIS AGREEMENT, entered into pursuant to Iowa Code Ch. 327G and 761 Iowa
Administrative Code, Chapter 821, is between Waterloo, Iowa, hereinafter referred to as HIGHWAY
AUTHORITY, and the Chicago Central and Pacific Railroad Company, hereinafter referred to as
COMPANY, and Iowa Department of Transportation, hereinafter referred to as DEPARTMENT.
The HIGHWAY AUTHORITY and the COMPANY agree to repair the at -grade crossing
located at W AIRLINE HWY, Iowa, and further agree as follows.
SECTION I. Work Statement and Performance. The COMPANY and the HIGHWAY
AUTHORITY have determined the extent of the repair to be performed at this crossing, including
railway, roadway approach modifications, and replacement of existing sidewalks and/or recreational
trails. This repair shall conform to the COMPANY and HIGHWAY AUTHORITY Standards. The
agreed work, generally described in the Work Statement identified as Exhibit "A" attached hereto and
made part of this Agreement, is to be performed by COMPANY forces. In the absence of specific
COMPANY standards that have been accepted by the DEPARTMENT, BNSF/Union Pacific Railroad
common crossing standards shall be used as guidance. Current standards are at the following website
and considered as part of this agreement: http://www.iowadot.gov/iowarail/pdfs/UP-BNSF%
20road xings%20Std.pdf
The HIGHWAY AUTHORITY will be responsible to have existing sidewalk(s) and/or
recreational trail(s) replaced by a contractor or their own forces, in accordance with the Americans with
Disabilities Act (ADA) requirements. In the absence of specific HIGHWAY AUTHORITY standards
that are acceptable to the COMPANY, the DEPARTMENT's Standard Road Plan MI -220 shall be used.
As per Standard Road Plan MI -220, the detectable warning is to be installed 12' from the edge of the
nearest rail, and the sidewalk is a minimum width of 5'. The project will include the cost of an
additional two feet of sidewalk and/or recreational trail, or to the nearest sidewalk and/or recreational
trail joint, whichever is less, beyond the detectable warning. Any additional new sidewalk and/or
recreational trail beyond that point will be paid.by the HIGHWAY AUTHORITY and is not part of this
project. Truncated domes are the only detectable warnings allowed by ADA Accessibility Guidelines.
Grooves, exposed aggregate, and other designs intended for use as detectable warning are too similar to
pavement textures, cracks, and joints and are not considered equivalent facilitation, and do not comply
with ADA requirements. Future maintenance of the sidewalk(s) and detectable warning device will be
the responsibility of the HIGHWAY AUTHORITY.
The HIGHWAY AUTHORITY will coordinate and have the approaches completed according to
the Exhibit "A" of this agreement. The HIGHWAY AUTHORITY will pay the contractor and submit a
detailed invoice billing to the COMPANY for 100% of the approach costs, along with costs for the
sidewalk, and/or recreational trail. Copies of the contractors invoice(s) should be included with the
HIGHWAY AUTHORITY's billing. The COMPANY will reimburse the HIGHWAY AUTHORITY at
100%. These costs will then be included in the final billing to the DEPARTMENT and HIGHWAY
AUTHORITY.
If the HIGHWAY AUTHORITY chooses to place the approaches, sidewalk(s) and/or
recreational trail(s) with their own forces, they will submit an itemized billing for 100% of their costs to
the COMPANY. The COMPANY will reimburse the HIGHWAY AUTHORITY at 100%. These costs
will then be included in the final billing to the DEPARTMENT and HIGHWAY AUTHORITY.
The COMPANY will have the asphalt contractor chosen by the HIGHWAY AUTHORITY
place the underlayment in the track opening as per the UP/BNP specifications. The billing for all
asphalt will be included in the invoice the contractor submits to the HIGHWAY AUTHORITY and
Page 2 of 8
FRA No:
307180C
handled the same as stated above.
SECTION II. Cost Estimate. The estimated cost of the project work is itemized on Exhibit "B"
attached hereto, and made part of this Agreement.
SECTION III. Work Start and Completion. The date this agreement is signed by the
DEPARTMENT is the COMPANY's authorization to proceed with the work. The COMPANY
shall begin the construction of the project as soon as possible after the date the DEPARTMENT signs
this agreement and shall complete the project within 18 months. Costs incurred prior to the
DEPARTMENT signing the agreement are not reimbursable under this Agreement. Cost incurred more
than 18 months after the DEPARTMENT signs this agreement will not be reimbursed unless the
COMPANY has requested in writing, prior to expiration of the agreement, and received from the
DEPARTMENT a written extension of time for completion. The DEPARTMENT shall have complete
discretion, and be the sole authority to grant or deny extensions. Costs incurred for work following the
extension time will not be reimbursed.
SECTION IV. Traffic Control. The roadway will be closed during repair. Exhibit "A"
describes specific closure conditions. The HIGHWAY AUTHORITY is responsible for the
establishment and payment for traffic control (i.e.: barricades, signing, detours, detour damage, and
runarounds).
The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1) a minimum of
60 days in advance of the approximate starting date to allow the HIGHWAY AUTHORITY to
implement the detour; and 2) 14 days in advance of the actual starting date to allow the HIGHWAY
AUTHORITY adequate time to provide and instal! appropriate signs on the detour.
SECTION V. Work Notification. The COMPANY shall notify the DEPARTMENT and the
HIGHWAY AUTHORITY's Contact Person no later than 14 days prior to the start of its work at the
crossing. The HIGHWAY AUTHORITY shall be given ample opportunity to document the materials,
equipment, and labor required to complete the project. The DEPARTMENT and HIGHWAY
AUTHORITY shall have the right to inspect the project work at any time. The HIGHWAY
AUTHORITY shall perform on-site inspection of the project work each day.
SECTION VI. Project Completion. After the COMPANY has completed the required work, the
COMPANY shall so notify the DEPARTMENT and the HIGHWAY AUTHORITY in writing or
by email within 30 days of completion. The DEPARTMENT shall arrange an inspection with the
HIGHWAY AUTHORITY, and the COMPANY in order for all parties to determine whether the
project work has been completed in accordance with the terms of this Agreement or Amendments
thereto. Pavement markings and stop lines shall be placed by the HIGHWAY AUTHORITY as
required by Part 8 of the Manual on Uniforrn.'Fra_ffi_c Control Devices for Streets and Highways. If the
existing traffic control devices at a multiple -track highway -rail grade crossing become improperly
placed or inaccurate because of removal. of some.or.the tracks, the existing devices shall be relocated
and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices,
Part 8. If the roadway is widened or relocated, the existing devices shall be relocated and/or modified at
HIGHWAY AUTHORITY expense pursuant to the Manual On Uniform Traffic Control Devices, Part
8. Relocation of the traffic control devices will be completed prior to removal of the detour. When the
work has been completed in accordance with the Agreement, the COMPANY, DEPARTMENT, and
the HIGHWAY AUTHORITY shall sign a Certificate of Completion and Acceptance form at the
project site following final inspection.
SECTION VII. Reimbursable Costs. The COMPANY will keep an accurate and detailed
account of actual and necessary reimbursable costs incurred under this Agreement. Replacement of
Page 3 of 8
FRA No:
307180C
existing sidewalk(s) and/or recreational trail(s), and subcontracted work costs shall be included in detail
with the COMPANY billing. The cost of labor, material, all associated additives and subcontracted
work costs are reimbursable, and shall be billed on a force account basis in accord with Title 23 Code of
Federal Regulations, Part 140, Subpart I. Labor additives reimbursed are to be exclusive of indirect
and overhead costs as elected by the DEPARTMENT and provided for by 23 CFR 140.907(a). The
cost of preliminary project engineering, construction inspection, track inspection, relocation of existing
signals, signal wires, and switches, or the construction of runarounds will not be eligible project
reimbursable costs.
SECTION VIII. Cost Sharing. The HIGHWAY AUTHORITY and COMPANY each shall pay
twenty percent (20%) of the reimbursable costs defined in SECTION VII for work described in Exhibit
"A". The DEPARTMENT will use the Grade Crossing Surface Repair Fund to reimburse the
COMPANY for sixty percent (60%) of the total eligible costs for this project. The DEPARTMENT's
CERTIFICATE OF AUDIT shall establish eligible reimbursable project costs.
SECTION IX. Progressive Payments. The COMPANY may submit accurate progressive bills
to the DEPARTMENT for sixty percent (60%) of its material, labor and any subcontracted costs
included in Exhibit "B", for each crossing location. The billing for material shall be for those materials
that have been delivered to the project location or specifically purchased and delivered to the
COMPANY for use on the project. The DEPARTMENT and HIGHWAY AUTHORITY may make
progressive payments to the COMPANY for one -hundred percent (100%) of each party's billed
participation, or the HIGHWAY AUTHORITY may elect to retain a percentage of their billed
participation.
SECTION X. Final Billing. If applicable, the HIGHWAY AUTHORITY will submit a detailed
billing to the COMPANY for the actual sidewalk and/or recreational trail replacement costs. Upon
completion of the project the COMPANY shall submit an accurate final and complete, itemized,
electronic billing. Final bill shall include a detailed summary of all incurred costs.
SECTION XI. Final Payment. The DEPARTMENT, upon receipt of the final bill and
Certificate of Completion and Acceptance form, shall review, and forward the final bill to the
DEPARTMENT'S Office of Audits for final audit. Reimbursement to the COMPANY shall be
governed by the DEPARTMENT'S Certification of Audit. The DEPARTMENT shall make payment to
the COMPANY equal to 60 percent (60%) of the final reimbursable amount, less previous payment.
The COMPANY shall promptly reimburse the DEPARTMENT in the amount of any overpayments.
The HIGHWAY AUTHORITY shall make payment equal to 20 percent (20%) of the
COMPANY final billing or the estimated cost noted on Exhibit "B" of the agreement, less previous
payment, within 30 days of its receipt of the COMPANY final billing. In the event of overpayment by
the HIGHWAY AUTHORITY as determined by the DEPARTMENT audit of COMPANY records, the
COMPANY shall pay the HIGHWAY AUTHORITY the amount of overpayment within 30 days of its
receipt of the DEPARTMENT final audit.
SECTION XII. Maintenance and Abandonment. Upon completion of the project, the
COMPANY shall maintain the crossing surface to provide a safe and sufficient crossing for vehicular
travel. If the track is removed from both sides of the crossing, the COMPANY shall remove the surface
material, rail and cross ties from the crossing and shall restore the roadway void to the satisfaction of
the HIGHWAY AUTHORITY, all at COMPANY expense. If the existing traffic control devices at a
multiple -track highway -rail grade crossing become improperly placed or inaccurate because of removal
of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense
Page 4 of 8
FRA No:
307180C
pursuant to the Manual on Uniform Traffic Control Devices, Part 8. . Future maintenance of the
sidewalk(s) and detectable warning device will not be the responsibility of the COMPANY.
SECTION XIII. Standard Title VI Assurances. The COMPANY shall comply with all
applicable DEPARTMENT and Federal laws, rules (including the administrative rules adopted by the
DEPARTMENT for the IPPP Program - 761 Iowa Administrative Code, chapter 201), ordinances,
regulations, and orders. The COMPANY, arid 'all agents of the COMPANY that participate in the
project, shall also comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to Title 49, Code of Federal
Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 - to the end that
no person in the United States shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity receiving financial assistance from the DEPARTMENT.
SECTION XIV. Successor and Assigns. This agreement shall be binding upon all successors or
assigns. The COMPANY shall provide written notice to the HIGHWAY AUTHORITY and the
DEPARTMENT of any assignment of this Agreement.
SECTION XV. Project Contact Persons. All notices and communications essential to complete
the work required by this Agreement shall be made to the Contact Persons and the DEPARTMENT
specified on the cover page of this Agreement.
SECTION XVI. Integration and Amendment. This Agreement and its exhibits constitute the
entire Agreement between the DEPARTMENT, the COMPANY, and the HIGHWAY AUTHORITY
concerning this project. If the DEPARTMENT determines a substantial change is to be made in
the project work described in Exhibit "A", the DEPARTMENT will furnish the written approval
of the change.
SECTION XVII. Termination Due to Lack of Funds. Notwithstanding anything in this
Contract to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have
the right to terminate this Contract without penalty and without any advance notice as a result of any of
the following: 1. The federal government, legislature or governor fail in the sole opinion of the
DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its
obligations under this Contract or to operate as required and to fulfill its obligations under this Contract;
or 2. If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds
or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or
unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3. If the
DEPARTMENT's authorization to conduct its business or engage in activities or operations related to
the subject matter of this Contract is withdrawn or materially altered or modified. The DEPARTMENT
shall provide the HIGHWAY AUTHORITY and COMPANY with written notice of termination
pursuant to this section. The DEPARTMENT will,pay the COMPANY for the DEPARTMENT share
of the non -cancelable obligations allowable under the Agreement and properly incurred by the
COMPANY prior to termination.
SECTION XVIII. Merged Documents. This agreement may be executed and delivered in three
or more counterparts, each of which so executed and delivered shall be deemed to be an original, and all
shall constitute but one and the same instrument.
If any section, provision, or part of this Agreement shall be found to be invalid or
unconstitutional, such judgment shall not affect the validity of any section, provision, or part thereof not
found to be invalid or unconstitutional.
Page 5 of 8
FRA No:
307180C
IN WITNESS WHEREOF the COMPANY, the HIGHWAY AUTHORITY and the
DEPARTMENT hereto have caused this Agreement to be executed by their duly authorized officers as
of the dates indicated below.
Executed by the COMPANY
By: OR,8OG1iept/cT
Name
Chicago Central and Pacific Railroad
03-23-2015
Executed the HIGH AY AJTHORITY Waterloo, Iowa
By: .e/E:a
Name
Executed by the DEPARTMENT this
By:
Tamara Nicholson, Director
Office of Rail Transportation
Page 6 of 8
Date
Iowa Department of Transportation
Date
Form 040016 (01-15)
Meeting Date: 11-19-2014
FRA No:
307180C
EXHIBIT "A" - WORK STATEMENT
Iowa Grade Crossing Surface Repair Fund and
Federal -Aid Rail/Highway Crossing Surface Repair
FRA No: 307180C
County: 07 BLACK HAWK City: Waterloo
Highway Authority:Waterloo RR Company: Chicago Central and Pacific Railroad Company
Location: W AIRLINE HWY
Road
1. Crossing(s) Reconstructed
A. COMPANY will reconstruct 1 crossings of 108 total feet that include 76 feet of Rubber surface material
through the traveled roadway and 32 feet of Rubber surface material through the shoulder or sidewalk area. As
a minimum, the crossing must extend beyond the edge of the traveled roadway and through the shoulder if not
curbed.
B. Existing rail weight through crossing(s) 115
2. Traffic Controls (check below)
❑ A highway runaround will be constructed to permit two-lane traffic during repair.
The highway will be closed for 7 days during repair.
►1
NOTE: The HIGHWAY AUTHORITY is responsible for placement and cost of barricades, signing, detours, detour
damage, and runarounds.
A. The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person:
1). A minimum of sixty (60) days in advance of the approximate starting date to allow the HIGHWAY
AUTHORITY to implement the detour.
2). Fourteen (14) days in advance of the actual starting date to allow the HIGHWAY AUTHORITY adequate
time to provide and install appropriate signs on the detour.
The COMPANY shall advise the STATE PROJECT INSPECTOR fourteen (14) days in advance of the actual
starting date.
3. Track Elevation Relative to Existing Road Pavements (check below)
❑ Tracks will be constructed to meet existing road grade.
❑ Roadway will be reconstructed to meet a proposed new track grade (roadway work is not covered by this
Agreement.)
® Tracks will be elevated 1 inches above the adjacent roadway requiring a taper (complete item 4A and 4B.)
In any event, the parties agree to provide a smooth crossing.
4. Roadway Work -- Must be sufficient to provide a smooth crossing.
A. Approach Length (estimated)
A 35 foot taper on the East side of the crossing and a 35 foot taper on the West side of the crossing, requires
of PCC material (estimated). Taper length should not exceed 25 feet for each inch of track raise.
This work will be completed by (mark with an X):
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY contractor ® HIGHWAY AUTHORITY'S contractor
Page 7 of 8
B. Track Opening in the Roadway (mark with an X)
❑
Existing track opening will be maintained.
• Track opening of 21 feet will be required involving the following described roadway modifications. Est.
HMA tonnage
This work will be completed by (mark with an X) :
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY contractor ® HIGHWAY AUTHORITY'S contractor
5. Existing Sidewalk(s) and/or Recreational Trail replacement by HIGHWAY AUTHORITY
The quadrants requiring upgrades to meet ADA requirements (mark with an X):
Sidewalk (5' width required) * Rec Trail (10' width)
o NE (feet) ❑ SE (feet) ❑ NE (feet) D SE (feet)
❑ NW (feet) 0 SW Net) ❑ NW (feet) ❑ SW (feet)
* Recreational trail footage will be doubled because we use the sidewalk 5' width cost for reimbursement.
This work will be completed by (mark with an J).
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY'S contractor ❑ HIGHWAY AUTHORITY's contractor
6. Crossing(s) Permanently Retired and Removed
A. COMPANY will retire and remove crossing(s).
B. Voids in pavement will be filled with material requiring (units).
This work will be completed by (mark with an X).
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY'S contractor ❑ HIGHWAY AUTHORITY's contractor
7. Drainage (mark with an J�
A. ❑ Present drainage is adequate.
B. ❑ Drainage work required. Specify work to include materials and outlet.
C. ® Clean all four (4) quadrants for good surface drainage.
8. Additional Construction and Traffic Control Conditions; i.e., Road Closure Limitations - Construction at this
crossing included with this project, and not described above. Only ACC or PCC will be placed one (1) foot from the
railroad surface material.
State Project Manager: Additional Attendees:
Travis Tinken Harlan Arians
515-290-5055 (cell phone) Jeff Bales
%oys 7;44 03-23-2015
Name Date
Page 8 of 8
$12,8681
Estimate:
Location:
Company Name:
Subdivision Name:
Mile Post
State
Network #
Operations Special Capital Project Estimate
NEW RUBBER @ W AIRLINE HWY 307180C
NEW RUBBER @ W AIRLINE HWY 307180C
WATERLOO
CCP
WATERLOO
279.57
IA
x
Unload/Distribute Material
Construct Track
Surfacing
Welding
Install Crossings
S&C Labor
Remove Crossings
(TOTAL DIRECT LABOR
GANG IZE Days
5 2
5 2
3 2
2 3
7 1
1 2
7 1
MD
10
10
6
6
7
2
7
Southern Region
Design & Construction
Homewood, IL
Date created: February 9, 2015
Date revised: February 9, 2015
Status: FINAL
$263
$263
$278
$268
$263
$325
$263
$2,631
$2,631
$1,666
$1,608
$1,842
$650
$1,842
cription
MATERIAL
UM QTY PRICE
TOTAL
Rail New
Field Welding
Spikes
Anchors
Tie Plates
Minor OTM
Track Ties
Switch Ties
Ballast
Crossing Materials
S&C Material
TOTAL DIRECT MATERIAL
$6,286
$1,003
$62
$1,560
$6,946
$4,679
$405
$5,558
$2,699
$21,962
$557
Per Diem (Mandays)
Rental Equipment
Approach work/asphalt
Contingency
'TOTAL OTHER
SUM
SUM
SUM
48
1
1
5%
$82.71
$8,277
$26,249
$127,943
$3,970
$8,277
$26,249
$6,397
$44,894
Ai3DITlV€S, =-
Labor Surcharges (IaDOT approved 07-19-2012)
Material Surcharges
$12,868 173.10%
$51,717 5.00%
$22,275
$2,586
LUDw7lmm.5)
1DONATION
Amount
Recoverable Donation to CN
[TOTAL DONATION
(107.472.00)
TOTAL
(107,472.00)
(107,472.00)1
TOTAL PROJECT COST
1 of 3
$134,3401
MATERIAL
Operations Special Capital Project Estimate
FORECAST FOR:
Material Description
NEW 115#- US MADE RAIL
THERMITE KIT 115 #
SPIKE TRACK 5/8'X 6", 50 Ib Keg
RAIL ANCHOR 115
TIE PL DS S 7-112X14 BASE 5-1/2N
PLATE TIE MSR 7-1/2" X 15-1/2" 100-115#
SS5 SCREW 11E HEAT TREATED
E -CLIP GAVLANIZED 110-136#
RAIL TRANSITION 8MM 19'-6" OR 20'-0" 115#
TRACK T' X 9" X 8' 6" HW D#1
SWITCH 11E - 10' HW
BALLAST ROAD (80T per car)
RUBBER CROSSING MATERIAL - 115# (Per Quote)
NEW RUBBER @ W AIRLINE HWY 307980C
Southern Region -
Design & Construction
Homewood, IL
NEW RUBBER @ W AIRLINE HWY WATERLOO 280
307180C
State Tax UM QTY Unit Price Total
5.00% LF 320 18.71 $6,286
5.00% EA 10 95.51 $1,003
5.00% CN 2 29.50 $62
5.00% EA 1,000 1.49 $1,560
5.00% EA 16 9.07 $152
5.00% EA 172 37.62 96,794
5.00% EA 688 1.41 $1,020
5.00% EA 344 3.18 $1,150
5.00% EA 4 597.46 $2,509.
5.00% EA 8 48.24 $405
5.00% EA 86 61.55 $5,558
5.00% TON 285 9.02 $2,699
5.00/ TF 108.0 193.67 $21,962
ASPHALT - ROADWAY APPROACH 5.00% TN 139 180.41 $26,249
SIGNAL MATERIALS (Per Signal Dept Estimate) 5.00% SM 1 1,061.21 $557
2 of 3
Operations Special Capital Project Estimate
NEW RUBBER @ W AIRLINE HWY 307180C
STATE COST SUMMARY
Estimate: NEW RUBBER @ W AIRLINE HWY 307180C
Location: WATERLOO
Company Name: CCP
Subdivision Name: WATERLOO
Mile Post: 279.57
February 9, 2015
LABOR $38,224
MATERIAL $57,018
EQUIPMENT $11,537
APPROACH WORK $27,561
OTHER $.0
PROJECT TOTAL $134,340
3 of 3
Southern Region
Design & Construction
Homewood, IL
Form 291308 (01-15)
Office of Rail Transportation
800 Lincoln Way Ames, IA 50010
Rejection Reason
State of Iowa
State - Aid
Grade Crossing Surface Repair Fund
Force Account Agreement
Chicago Central and Pacific Railroad Company
Railroad Crossing Location Information
County: 07 BLACK HAWK FRA No: 307180C
Location: W AIRLINE HWY Waterloo
Street Name
Contact Information
Highway Authority Contact: Jeff Bales
Office Phone No:
City Name
307180C43
Project Number
Email Address: jeff.bales@waterloo-ia.org
Railroad Company Contact: TOM BOURGONJE
Office Phone No: 3192369205 Email Address: ARIANS@CN.CA
Iowa DOT Program Manager: Matthew Law
Office Phone No: 515-239-1108 Email Address: Matthew.Law@dot.iowa.gov
Iowa DOT Project Inspector: Travis Tinken
Office Phone No: 515-290-5055 Email Address: Travis.Tinken@dot.iowa.gov
Page 1 of 8
FRA No:
307180C
THIS AGREEMENT, entered into pursuant to Iowa Code Ch. 327G and 761 Iowa
Administrative Code, Chapter 821, is between Waterloo, Iowa, hereinafter referred to as HIGHWAY
AUTHORITY, and the Chicago Central and Pacific Railroad Company, hereinafter referred to as
COMPANY, and Iowa Department of Transportation, hereinafter referred to as DEPARTMENT.
The HIGHWAY AUTHORITY and the COMPANY agree to repair the at -grade crossing
located at W AIRLINE HWY, Iowa, and further agree as follows.
SECTION I. Work Statement and Performance. The COMPANY and the HIGHWAY
AUTHORITY have determined the extent of the repair to be performed at this crossing, including
railway, roadway approach modifications, and replacement of existing sidewalks and/or recreational
trails. This repair shall conform to the COMPANY and HIGHWAY AUTHORITY Standards. The
agreed work, generally described in the Work Statement identified as Exhibit "A" attached hereto and
made part of this Agreement, is to be performed by COMPANY forces. In the absence of specific
COMPANY standards that have been accepted by the DEPARTMENT, BNSF/Union Pacific Railroad
common crossing standards shall be used as guidance. Current standards are at the following website
and considered as part of this agreement: http://www.iowadot.gov/iowarail/pdfs/UP-BNSF%
20road_xings%20Std.pdf
The HIGHWAY AUTHORITY will be responsible to have existing sidewalk(s) and/or
recreational trail(s) replaced by a contractor or their own forces, in accordance with the Americans with
Disabilities Act (ADA) requirements. In the absence of specific HIGHWAY AUTHORITY standards
that are acceptable to the COMPANY, the DEPARTMENT's Standard Road Plan MI -220 shall be used.
As per Standard Road Plan MI -220, the detectable warning is to be installed 12' from the edge of the
nearest rail, and the sidewalk is a minimum width of 5'. The project will include the cost of an
additional two feet of sidewalk and/or recreational trail, or to the nearest sidewalk and/or recreational
trail joint, whichever is less, beyond the detectable warning. Any additional new sidewalk and/or
recreational trail beyond that point will be paid by the HIGHWAY AUTHORITY and is not part of this
project. Truncated domes are the only detectable warnings allowed by ADA Accessibility Guidelines.
Grooves, exposed aggregate, and other designs intended for use as detectable warning are too similar to
pavement textures, cracks, and joints and are not considered equivalent facilitation, and do not comply
with ADA requirements. Future maintenance of the sidewalk(s) and detectable warning device will be
the responsibility of the HIGHWAY AUTHORITY.
The HIGHWAY AUTHORITY will coordinate and have the approaches completed according to
the Exhibit "A" of this agreement. The HIGHWAY AUTHORITY will pay the contractor and submit a
detailed invoice billing to the COMPANY for 100% of the approach costs, along with costs for the
sidewalk, and/or recreational trail. Copies of the contractors invoice(s) should be included with the
HIGHWAY AUTHORITY's billing. The COMPANY will reimburse the HIGHWAY AUTHORITY at
100%. These costs will then be included in the final billing to the DEPARTMENT and HIGHWAY
AUTHORITY.
If the HIGHWAY AUTHORITY chooses to place the approaches, sidewalk(s) and/or
recreational trail(s) with their own forces, they will submit an itemized billing for 100% of their costs to
the COMPANY. The COMPANY will reimburse the HIGHWAY AUTHORITY at 100%. These costs
will then be included in the final billing to the 'DEPARTMENT and HIGHWAY AUTHORITY.
The COMPANY will have the asphalt contractor chosen by the HIGHWAY AUTHORITY
place the underlayment in the track opening as per the UP/BNF specifications. The billing for all
asphalt will be included in the invoice the contractor submits to the HIGHWAY AUTHORITY and
Page 2 of 8
FRA No:
handled the same as stated above.
307180C
SECTION II. Cost Estimate. The estimated cost of the project work is itemized on Exhibit "B"
attached hereto, and made part of this Agreement.
SECTION III. Work Start and Completion. The date this agreement is signed by the
DEPARTMENT is the CO ANY's authorization to proceed with the work. The COMPANY
shall begin the construction of the project as soon as possible after the date the DEPARTMENT signs
this agreement and shall complete the project within 18 months. Costs incurred prior to the
DEPARTMENT signing the agreement are not reimbursable under this Agreement. Cost incurred more
than 18 months after the DEPARTMENT signs this agreement will not be reimbursed unless the
COMPANY has requested in writing, prior to expiration of the agreement, and received from the
DEPARTMENT a written extension of time for completion. The DEPARTMENT shall have complete
discretion, and be the sole authority to grant or deny extensions. Costs incurred for work following the
extension time will not be reimbursed.
SECTION IV. Traffic Control. The roadway will be closed during repair. Exhibit "A"
describes specific closure conditions. The HIGHWAY AUTHORITY is responsible for the
establishment and payment for traffic control (i.e.: barricades, signing, detours, detour damage, and
runarounds).
The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1) a minimum of
60 days in advance of the approximate starting date to allow the HIGHWAY AUTHORITY to
implement the detour; and 2) 14 days in advance of the actual starting date to allow the HIGHWAY
AUTHORITY adequate time to provide and install appropriate signs on the detour.
SECTION V. Work Notification. The COMPANY shall notify the DEPARTMENT and the
HIGHWAY AUTHORITY's Contact Person no later than 14 days prior to the start of its work at the
crossing. The HIGHWAY AUTHORITY shall be given ample opportunity to document the materials,
equipment, and labor required to complete the project. The DEPARTMENT and HIGHWAY
AUTHORITY shall have the right to inspect the project work at any time. The HIGHWAY
AUTHORITY shall perform on-site inspection of the project work each day.
SECTION VI. Project Completion. After the COMPANY has completed the required work, the
COMPANY shall so notify the DEPARTMENT and the IHGHWAY AUTHORITY in writing or
by email within 30 days of completion. The DEPARTMENT shall arrange an inspection with the
HIGHWAY AUTHORITY, and the COMPANY in order for all parties to determine whether the
project work has been completed in accordance with the terms of this Agreement or Amendments
thereto. Pavement markings and stop lines.• shall, be placed by the HIGHWAY AUTHORITY as
required by Part 8 of the Manual on Uniform. Traffic Control Devices for Streets and Highways. If the
existing traffic control devices at a multiple track highway -rail grade crossing become improperly
placed or inaccurate because of removal. of some:,of•the tracks, the existing devices shall be relocated
and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices,
Part 8. If the roadway is widened or relocated, the existing devices shall be relocated and/or modified at
HIGHWAY AUTHORITY expense pursuant to the Manual On Uniform Traffic Control Devices, Part
8. Relocation of the traffic control devices will be completed prior to removal of the detour. When the
work has been completed in accordance with the Agreement, the COMPANY, DEPARTMENT, and
the HIGHWAY AUTHORITY shall sign a Certificate of Completion and Acceptance form at the
project site following final inspection.
SECTIC)N VII. Reimbursable Costs. The COMPANY will keep an accurate and detailed
account of actual and necessary reimbursable costs incurred under this Agreement. Replacement of
Page 3 of 8
FRA No:
307180C
existing sidewalk(s) and/or recreational trail(s), and subcontracted work costs shall be included in detail
with the COMPANY billing. The cost of labor, material, all associated additives and subcontracted
work costs are reimbursable, and shall be billed on a force account basis in accord with Title 23 Code of
Federal Regulations, Part 140, Subpart I. Labor additives reimbursed are to be exclusive of indirect
and overhead costs as elected by the DEPARTMENT and provided for by 23 CFR 140.907(a). The
cost of preliminary project engineering, construction inspection, track inspection, relocation of existing
signals, signal wires, and switches, or the construction of runarounds will not be eligible project
reimbursable costs.
SECTION VIII. Cost Sharing. The HIGHWAY AUTHORITY and COMPANY each shall pay
twenty percent (20%) of the reimbursable costs defined in SECTION VII for work described in Exhibit
"A". The DEPARTMENT will use the Grade Crossing Surface Repair Fund to reimburse the
COMPANY for sixty percent (60%) of the total eligible costs for this project. The DEPARTMENT's
CERTIFICATE OF AUDIT shall establish eligible reimbursable project costs.
SECTION IX. Progressive Payments. The COMPANY may submit accurate progressive bills
to the DEPARTMENT for sixty percent (60%) of its material, labor and any subcontracted costs
included in Exhibit "B", for each crossing location. The billing for material shall be for those materials
that have been delivered to the project location or specifically purchased and delivered to the
COMPANY for use on the project. The DEPARTMENT and HIGHWAY AUTHORITY may make
progressive payments to the COMPANY for one -hundred percent (100%) of each party's billed
participation, or the HIGHWAY AUTHORITY may elect to retain a percentage of their billed
participation.
SECTION X. Final Billing. If applicable, the HIGHWAY AUTHORITY will submit a detailed
billing to the COMPANY for the actual sidewalk and/or recreational trail replacement costs. Upon
completion of the project the COMPANY shall submit an accurate final and complete, itemized,
electronic billing. Final bill shall include a detailed summary of all incurred costs.
SECTION XI. Final Payment. The DEPARTMENT, upon receipt of the final bill and
Certificate of Completion and Acceptance form, shall review, and forward the final bill to the
DEPARTMENT'S Office of Audits for final audit. Reimbursement to the COMPANY shall be
governed by the DEPARTMENT'S Certification of Audit. The DEPARTMENT shall make payment to
the COMPANY equal to 60 percent (60%) of the final reimbursable amount, less previous payment.
The COMPANY shall promptly reimburse the DEPARTMENT in the amount of any overpayments.
The HIGHWAY AUTHORITY shall make payment equal to 20 percent (20%) of the
COMPANY final billing or the estimated cost noted on Exhibit "B" of the agreement, less previous
payment, within 30 days of its receipt of the COMPANY final billing. In the event of overpayment by
the HIGHWAY AUTHORITY as determined by the DEPARTMENT audit of COMPANY records, the
COMPANY shall pay the HIGHWAY AUTHORITY the amount of overpayment within 30 days of its
receipt of the DEPARTMENT final audit.
SECTION XII. Maintenance and Abandonment. Upon completion of the project, the
COMPANY shall maintain the crossing surface to provide a safe and sufficient crossing for vehicular
travel. If the track is removed from both sides of the crossing, the COMPANY shall remove the surface
material, rail and cross ties from the crossing and shall restore the roadway void to the satisfaction of
the HIGHWAY AUTHORITY, all at COMPANY expense. If the existing traffic control devices at a
multiple -track highway -rail grade crossing become improperly placed or inaccurate because of removal
of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense
Page 4 of 8
FRA No:
307180C
pursuant to the Manual on Uniform Traffic Control Devices, Part 8. . Future maintenance of the
sidewalk(s) and detectable warning device will not be the responsibility of the COMPANY.
SECTION XIII. Standard Title VI Assurances. The COMPANY shall comply with all
applicable DEPARTMENT and Federal laws, rules (including the administrative rules adopted by the
DEPARTMENT for the IPPP Program - 7.61 Iowa Administrative Code, chapter 201), ordinances,
regulations, and orders. The COMPANY, arid 'all agents of the COMPANY that participate in the
project, shall also comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to Title 49, Code of Federal
Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 - to the end that
no person in the United States shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity receiving financial assistance from the DEPARTMENT.
SECTION XIV. Successor and Assigns. This agreement shall be binding upon all successors or
assigns. The COMPANY shall provide written notice to the HIGHWAY AUTHORITY and the
DEPARTMENT of any assignment of this Agreement.
SECTION XV. Project Contact Persons. All notices and communications essential to complete
the work required by this Agreement shall be made to the Contact Persons and the DEPARTMENT
specified on the cover page of this Agreement.
SECTION XVI. Integration and Amendment. This Agreement and its exhibits constitute the
entire Agreement between the DEPARTMENT, the COMPANY, and the HIGHWAY AUTHORITY
concerning this project. If the DEPARTMENT determines a substantial change is to be made in
the project work described in Exhibit "A", the DEPARTMENT will furnish the written approval
of the change.
SECTION XVII. Termination Due to Lack of Funds. Notwithstanding anything in this
Contract to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have
the right to terminate this Contract without penalty and without any advance notice as a result of any of
the following: 1. The federal government, legislature or governor fail in the sole opinion of the
DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its
obligations under this Contract or to operate as required and to fulfill its obligations under this Contract;
or 2. If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds
or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or
unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3. If the
DEPARTMENT's authorization to conduct its business or engage in activities or operations related to
the subject matter of this Contract is withdrawn or materially altered or modified. The DEPARTMENT
shall provide the HIGHWAY AUTHORITY and COMPANY with written notice of termination
pursuant to this section. The DEPARTMENT will.pay the COMPANY for the DEPARTMENT share
of the non -cancelable obligations allowable under the Agreement and properly incurred by the
COMPANY prior to termination.
SECTION XVIII. Merged Documents. This agreement may be executed and delivered in three
or more counterparts, each of which so executed and delivered shall be deemed to be an original, and all
shall constitute but one and the same instrument.
If any section, provision, or part of this Agreement shall be found to be invalid or
unconstitutional, such judgment shall not affect the validity of any section, provision, or part thereof not
found to be invalid or unconstitutional.
Page 5 of 8
FRA No:
307180C
IN WITNESS WHEREOF the COMPANY, the HIGHWAY AUTHORITY and the
DEPARTMENT hereto have caused this Agreement to be executed by their duly authorized officers as
of the dates indicated below.
Executed by the COMPANY
By: 7-0/4 80Repit Tt
Name
Chicago Central and Pacific Railroad
03-23-2015
Executed by e HIGHWAY A>U� TH R TTY Waterloo, Iowa
By:
Name
Date
Executed by the DEPARTMENT this Iowa Department of Transportation
By:
Tamara Nicholson, Director
Office of Rail Transportation
Page 6 of 8
Date
I T®OT
{
Form 040016 (01-15)
Meeting Date:
County:
11-19-2014
FRA No:
307180C
EXHIBIT "A" - WORK STATEMENT
Iowa Grade Crossing Surface Repair Fund and
Federal -Aid Rail/Highway Crossing Surface Repair
07 BLACK HAWK
FRA No: 307180C
City: Waterloo
Highway Authority: Waterloo RR Company: Chicago Central and Pacific Railroad Company
Location: W AIRLINE HWY
Road
1. Crossing(s) Reconstructed
A. COMPANY will reconstruct 1 crossings of 108 total feet that include 76 feet of Rubber surface material
through the traveled roadway and 32 feet of Rubber surface material through the shoulder or sidewalk area. As
a minimum, the crossing must extend beyond the edge of the traveled roadway and through the shoulder if not
curbed.
B. Existing rail weight through crossing(s) 115
2. Traffic Controls (check below)
❑ A highway runaround will be constructed to permit two-lane traffic during repair.
The highway will be closed for 7 days during repair.
NOTE: The HIGHWAY AUTHORITY is responsible for placement and cost of barricades, signing, detours, detour
damage, and runarounds.
A. The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person:
I). A minimum of sixty (60) days in advance of the approximate starting date to allow the HIGHWAY
AUTHORITY to implement the detour.
2). Fourteen (14) days in advance of the actual starting date to allow the HIGHWAY AUTHORITY adequate
time to provide and install appropriate signs on the detour.
The COMPANY shall advise the STATE PROJECT INSPECTOR fourteen (14) days in advance of the actual
starting date.
3. Track Elevation Relative to Existing Road Pavements (check below:)
El Tracks will be constructed to meet existing road grade.
❑ Roadway will be reconstructed to meet a proposed new track grade (roadway work is not covered by this
Agreement.)
Tracks will be elevated 1 inches above the adjacent roadway requiring a taper (complete item 4A and 4B.)
In any event, the parties agree to provide a smooth crossing.
4. Roadway Work -- Must be sufficient to provide a smooth crossing.
A. Approach Length (estimated)
A 35 foot taper on the East side of the crossing and a 35 foot taper on the West side of the crossing, requires
of PCC material (estimated). Taper length should not exceed 25 feet for each inch of track raise.
This work will be completed by (mark with an A ?:
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY contractor ® HIGHWAY AUTHORITY'S contractor
Page 7 of 8
B. Track Opening in the Roadway (mark with an X
❑ Existing track opening will be maintained.
❑ Track opening of 21 feet will be required involving the following described roadway modifications. Est.
HMA tonnage
This work will be completed by (mark with an X):
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY contractor ® HIGHWAY AUTHORITY'S contractor
5. Existing Sidewalk(s) and/or Recreational Trail replacement by HIGHWAY AUTHORITY
The quadrants requiring upgrades to meet ADA requirements (mark with an X):
Sidewalk (5' width required) * Rec Trail (10' width)
❑ NE Net) ❑ SE (feet) ❑ NE (feet) ❑ SE (feet)
❑ NW (feet) D SW (feet) ❑ NW (feet) ❑ SW (feet)
* Recreational trail footage will be doubled because we use the sidewalk 5' width cost for reimbursement.
This work will be completed by (mark with an X).
❑ COMPANY forces 9 HIGHWAY AUTHORITY forces
9 COMPANY'S contractor 9 HIGHWAY AUTHORITY's contractor
6. Crossing(s) Permanently Retired and Removed
A. COMPANY will retire and remove crossing(s).
B. Voids in pavement will be filled with material requiring (units).
This work will be completed by (mark with an .
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY'S contractor 9 HIGHWAY AUTHORITY's contractor
7. Drainage (mark with an X)
A. 9 Present drainage is adequate.
B. 9 Drainage work required. Specify work to include materials and outlet.
C. ® Clean all four (4) quadrants for good surface drainage.
8. Additional Construction and Traffic Control Conditions; i.e., Road Closure Limitations - Construction at this
crossing included with this project, and not described above. Only ACC or PCC will be placed one (1) foot from the
railroad surface material.
State Project Manager: Additional Attendees:
Travis Tinken Harlan Arians
515-290-5055 (cell phone) Jeff Bales
Vary' ? t#ey 03-23-2015
Name Date
Page 8 of 8
Estimate:
Location:
Company Name:
Subdivision Name:
Mile Post
State
Network #
Operations Special Capital Project Estimate
NEW RUBBER @ W AIRLINE HWY 307180C
NEW RUBBER @ W AIRLINE HWY 307180C
WATERLOO
CCP
WATERLOO
279.57
IA
x
Southern Region
Design & Construction
Homewood, IL
Date created: February 9, 2015
Date revised: February 9, 2015
Status: FINAL
Description
UM QTY PRICE TOTAL
LABOR
Unload/Distribute Material
Construct Track
Surfacing
Welding
Install Crossings
S&C Labor
Remove Crossings
GANG SIZE
5
5
3
2
7
1
7
Days
2
2
2
3
1
2
1
MD
10
10
6
6
7
2
7
$263
$263
$278
$268
$263
$325
$263
$2,631
$2,631
$1,666
$1,608
$1,842
$650
$1,842
Description
UM QTY PRICE
TOTAL
MATERIAL
Rail New
Field Welding
Spikes
Anchors
Tie Plates
Minor OTM
Track Ties
Switch Ties
Ballast
Crossing Materials
S&C Material
$6,286
$1,003
$62
$1,560
$6,946
$4,679
$405
$5,558
$2,699
$21,962
$557
(TOTAL DIRECT MATERIAL
$51,717 I
Description
OTHER
UM QTY PRICE
Per Diem (Mandays)
Rental Equipment
Approach work/asphalt
Contingency
[TOTAL OTHER
SUM 48 $82.71
SUM 1 $8,277
SUM 1 $26,249
5% $127,943
TOTAL(
$3,970
$8,277
$26,249
$6,397
$41468941
UM QTY PRICE
TOTAL(
Labor Surcharges (IaDOT approved 07-19-2012)
Material Surcharges
$12,868 173.10%
$51,717
hPWRIrgS GIpES TT€A6SJ ~:'
Recoverable Donation to CN
5.00%
Amount
(107,472.00)
$22,275
$2,586
(107,472.00)
TOTAL DONATION
(107,472.00)
TOTAL PROJECT COST
$134,340
1 of 3
Operations Special Capital Project Estimate = --
Southern Region -
NEW RUBBER @ W AIRLINE HWY 307180C Design & Construction
Homewood, IL
MATERIAL FORECAST FOR:
Material Description
NEW 115# - US MADE RAIL
THERMITE KIT 115 #
SPIKE TRACK 5/8' X 6", 50 Ib Keg
RAIL ANCHOR 115
TIE PL DS 7-112X14 BASE 5-1/2N
PLATE 11E MSR 7-1/2" X 15-1/2" 100-115#
SS5 SCREW TIE HEAT TREATED
E -CLIP GAVLANIZED 110-136#
RAIL TRANSITION 8MM 19'-6" OR 20'-0" 115#
TRACK 7"X9"X8'6" FWD#1
SWITCH TIE - 10' HW
BALLAST ROAD (80T per car)
RUBBER CROSSING MATERIAL -115# (Per Quote )
ASPHALT - ROADWAY APPROACH
SIGNAL MATERIALS (Per Signal Dept Estimate)
NEW RUBBER @ W AIRLINE HWY WATERLOO 280
307180C
State Tax
UM QTY Unit Price Total
5.00% LF 320 18.71 $6,286
5.00% EA 10 95.51 $1,003
5.00% CN 2 29.50 $62
5.00% EA 1,000 t49 $1,560
5.00% EA 16 9.07 $152
5.00% EA 172 37.62 $6,794
5.00% EA 688 1.41 $1,020
5.00% EA 344 3.18 $1,150
5.00% EA 4 597.46 $__2509
5.00% EA 8 48.24 $405
5.00% EA 86 61.55 $5,558
5.00% TON 285 _ 9.02 $Z699
5.00% TF 108.0 193.67 $21,962
5.00% TN 139 180.41 $26,249
5.00% SM 1 1,061.21 $557
2 of 3
Operations Special Capital Project Estimate
NEW RUBBER @ W AIRLINE HWY 307180C
STATE COST SUMMARY
Estimate: NEW RUBBER @ W AIRLINE HWY 307180C
Location: WATERLOO
Company Name: CCP
Subdivision Name: WATERLOO
Mule Post: 279.57
February 9, 2015
LABOR $38,224
MATERIAL $57,018
EQUIPMENT $11,537
APPROACH WORK $27,561
OTHER
PROJECT TOTAL $134,340
3 of 3
Southern Region
Design & Construction
Homewood, IL