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HomeMy WebLinkAboutIowa Northern Railway Company-4/1/2013County: Blackhawk Road: West 7th Street STATE OF IOWA GRADE CROSSING SURFACE REPAIR FUND FORCE ACCOUNT AGREEMENT At the railroad crossing located FRA No.: 607580Y Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 DIRECT ALL COMMUNICATIONS REGARDING THIS PROJECT TO: HIGHWAY AUTHORITY Contact Person: Buck Clark, Mayor Office Telephone No.: 319-291-4323 E-mail address: Railroad COMPANY Contact Person: Rod Tudor Office Telephone No.: 641-816-5949 E -Mail: rodtudor@omnitelcom.com DEPARTMENT Contact Person: Mary Jo Key, Program Manager Telephone No. 515-239-1108 E-mail address: mary.jo.key@dotiowa.gov Iowa Department of Transportation Office of Rail Transportation 800 Lincoln Way Ames, IA 50010 Travis Tinken — Project Inspector, Iowa DOT — Telephone No. 515-290-5055 AGREEMENT SUBMITTAL: Exhibit "A" - Work Statement is attached, and Exhibit "B" - Cost Estimate will be prepared and attached to the aereement by the Railroad. The Railroad will sign and forward the agreement to the highway authority. The complete and signed Agreement is to be sent to the Iowa Department of Transportation, Office of Rail Transportation, for each crossing project. STATE OF IOWA GRADE CROSSING SURFACE REPAIR FUND FORCE ACCOUNT AGREEMENT THIS AGREEMENT, entered into pursuant to Iowa Code Ch. 327G and 761 Iowa Administrative Code, Chapter 821, is between the City of Waterloo, hereinafter referred to as HIGHWAY AUTHORITY, and the Iowa Northern Railway Company,h ereinafter 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 West 7th Street, Waterloo,I owa, 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, except the COMPANY may subcontract other required incidental work. BNSF/Union Pacific Railroad common crossing standards shall be used. Current standards are at the following website and considered as part of this agreement: (http://www.uprr.com/aboutup/operations/specs/attachments/amended/road xings.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 railroad, 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. The HIGHWAY AUTHORITY will coordinate and have the approaches completed according to the Exhibit "A" of this agreement. They can choose to use their asphalt contractor or one used by the railroad. The HIGHWAY AUTHORITY will pay the contractor and submit 2 an invoice billing the railroad 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. 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 DEPARTMENT signing this 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 expiration date of 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 notify the DEPARTMENT and the HIGHWAY AUTHORITY in writing. The DEPARTMENT shall arrange an inspection with the HIGHWAY AUTHORITY and the COMPANY to determine whether the project work has been completed in accordance with the terms of this Agreement or Amendments thereto. Pavement markings 3 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, HIGHWAY AUTHORITY, and DEPARTMENT 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 existing sidewalk(s) and/or recreational trail(s), and subcontracted work costs shall be included in 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. The cost of COMPANY equipment, equipment rental, accounting, accounting additives and bill reproduction are reimbursable, but shall not be included directly in the force account billing. Those costs shall be billed as an additive amount equal to nine (9) percent of the total force account billed less final audit exceptions. 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 agree to incur a cost equal to twenty percent (20%) of the reimbursable costs defined in SECTION VII for work described in Exhibit "A". The DEPARTMENT agrees the Grade Crossing Surface Repair Fund shall be used to pay the remaining 60 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 electronic accurate progressive bills prior to project completion to both the DEPARTMENT and HIGHWAY AUTHORITY for material, labor, and subcontracted costs included in Exhibit "B." The billing for material shall be for those materials that have been delivered to the project site 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. 4 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 electronic final itemized billing in one (1) counterpart. The final bill shall include a 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 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 State and Federal laws, rules, 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 5 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 XVI. 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 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 two 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 original. 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. 6 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 this l day of Pa ✓'!i"1 , 201 3 Executed by the HIGHWAY AUTHORITY this day of , 201 Iowa Northern Railway Company City of Waterloo, Iowa Name and Title Air - 1n3 Executed by the DEPARTMENT this Iowa Department of Transportation day of , 201 By: Tamara Nicholson, Director Office of Rail Transportation 7 Iowa impartment of Transportation Form 040018 (10-11) County FRA No.: RR Company: Location: EItHIBIT "A" - WORK STATEMENT Iowa Grade Crossing Surface Repair Fund and Federal -Aid Rail/Highway Crossing Surface Repair Blackhawk Meeting Date: 04/02/2012 607580Y Highway Authority Waterloo IANR West 7th Street Waterloo Street Name City Name •\l 1. Crossing(s) Reconstructed t, q� A. COMPANY will reconstruct 1 « y; jags of total feet that include 44 feet of Concrete surface material through the traveled roadway and %: feet of Concrete 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: 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. HIGHWAY AUTHORITY will coordinate and have approaches completed. Invoices will be sent to the COMPANY to be included in project costs, unless other reimbursement procedure is noted in the agreement. A. Taper Length (estimated) A 25 foot taper on the East side of the crossing and a 25 foot taper on the West side of the crossing, requires 35 of HMA 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): 0 HIGHWAY AUTHORITY forces ® HIGHWAY AUTHORITY'S contractor FRA No.: 607580Y B. Track Opening in the Roadway (mark with an X) ❑ Existing track opening will be maintained. ❑ Track opening of 20 feet will be required involving the following described roadway modifications. 75 Est. HMA tonnage This amount covers the HMA underlayment and header protion This work will be completed by (mark with an A9: ❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces ❑ COMPANY contractor } 1 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 4: Sidewalk (5' width required) * Rec Trail (10' width) NE 16 (feet) ❑ SE (feet) ❑ NE (feet) ❑ SE (feet) NW 16 (feet) ❑ SW (feet) • ❑ NW (feet) ❑ SE (feet) 1 * 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). ❑ HIGHWAY AUTHORITY forces ❑ 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 M. ❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces ❑ COMPANY'S contractor ❑ HIGHWAY AUTHORITY's contractor 7. Drainage (mark with ani) 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 two tie stagger required to cover roadway. Curb will need to be cut back to meet City requirements once roadway has been cut back the required 5'. 9. Attendees The following attendees agree on all items of this work statement. This work statement will be included as part of the executed agreement. Railroad Representative: Highway Authority Representative: Rodent Tudor JeffBales Name Name State Project Manager: Additional Attendees: Travis Tinken 515-239-1876 (office phone) 515-290-5055 (cell phone) EXHIBIT" B" Estimated cost to Install a 90 ft. Concrete Crossing at 7th St. in the City of Waterloo, IA Material Quantity Unit Price Total 115 Ib. Rail 240 ft $21.50 $5,160.00 7" x 9" x 10' Track Ties 77 ea $155.50 $11,973.50 E -Clips 308 ea $4.40 $1,355.20 115 -110 Comp. Bars 0 pr $400.00 $0.00 7x8 Track Ties 30 ea $43.90 $1,317.00 Track Spikes 1 keg $81.50 $81.50 Track Bolts & Washers 24 ea $2.63 $63.12 Thermit Weld 2 ea $150.00 $300.00 Concrete Crossing 90 ft $222.00 $19,980.00 Ballast 150 ton's $54.10 $8,115.00 Geogrid 110 ft $3.00 $330.00 Drain Tile 110 ft $8.00 $880.00 Signal Material 1 ea $300.00 $300.00 truncated domes (sidewalk) 2 ea $150.00 $300.00 Recovered Scrap 4.5 ton's ($150.00) ($675.00) $49,480.32 Labor Remove Crossing 90 ft $13.00 $1,170.00 Renew Ties 107 ea $13.00 $1,391.00 Replace Rail 240 ft $5.00 $1,200.00 Surface Track 200 ft $3.00 $600.00 Install Concrete 90 ft $20.00 $1,800.00 Weld Rail 2 ea $200.00 $400.00 Other Contractor ( Signal ) Contractor ( haul material ) Contractor ( sidewalk repair ) Contractor( Asphalt ) Machine Usage $6,561.00 1 @ $500.00 $500.00 1 @ $1,000.00 $1,000.00 1 @ $1,200.00 $1,200.00 80 ton's $150.00 $12,000.00 1 @ $6,800.00 $6,800.00 $21,500.00 Additive Labor 74.84% of $6,561.00 $4,910.25 $4,910.25 Total $82,451.57