HomeMy WebLinkAboutIowa Northern Railway Company-4/1/2013 (2)County: Blackhawk
Road: West 8th Street
STALL OF IOWA
GRADE CROSSING SURFACE REPAIR FUND
FORCE ACCOUNT AGREEMENT
At the railroad crossing located
FRA No.: 607579E
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 agreement 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.
1
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 8th 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 xingspdf
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 fmal 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 Iowa Northern Railway Company
day of PA ce-"t , 201 3
Executed by the HIGHWAY AUTHORITY this City of W loo, Iowa
7
day of , 201
B
Name and Title Aurr
Executed by the DEPARTMENT this Iowa Department of Transportation
day of , 201 By:
Tamara Nicholson, Director
Office of Rail Transportation
7
Iowa Department of Transportation
vo Form 040016 (10-11)
County
FRA No.:
RR Company:
Location:
E
4111:
IT "A" - WORK STATEMENT
Iowa Grade Crossing Surface Repair Fund and
Federal -Aid Rail/Highway Crossing Surface Repair
Blackhawk Meeting Date: 04/02/2012
607579E Highway Authority Waterloo
IANR
West 8th Street Waterloo
Street Name City Name
1. Crossimg(s) Reconstructed i/5 r
A. COMPANY will reconstruct 1 cro ofotal feet that include 34 feet of Concrete surface material
through the traveled roadway andtfeet 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 5 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 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 foot taper on the side of the crossing and a foot taper on the side of the crossing, requires of
material (estimated). Taper length should not exceed 25 feet for each inch of track raise.
c1
This work will be completed by (mark with an X):
0 HIGHWAY AUTHORITY forces
HIGHWAY AUTHORITY'S contractor
FRA No.: 607579E
B. Track Opening in the Roadway (mark with an Xj
❑ Existing track opening will be maintained.
Track opening of 20 feet will be required involving the following described roadway modifications. 80 Est.
HMA tonnage
This amount will cover the HMA underlayment and header/approach area to meet existing roadway
This work will be completed by (mark with an X):
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY contractor 121. 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 (feet) ❑ SE (feet) ❑ NE (feet) ❑ SE (feet)
❑ NW (feet) 0 SW (feet) 0 NW (feet) 0 SE (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).
❑ 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 X).
❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces
❑ COMPANY'S contractor ❑ HIGHWAY AUTHORITY's contractor
7. Drainage (mark with an X)
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; Le., 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.
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:
Rodney Tudor
Highway Authority Representative:
Jeff Bales
Name Name
State Project Manager: Additional Attendees:
Travis Tinker
515-239-1876 (office phone)
515-290-5055 (cell phone)
EXHIBIT" B "
Estimated cost to Install a 45 ft. Concrete Crossing at 8th St. in the City of Waterloo, IA
Material Quantity Unit Price Total
115 Ib. Rail 160 ft $21.50 $3,440.00
7" x 9" x 10' Track Ties 41 ea $155.50 $6,375.50
E -Clips 164 ea $4.40 $721.60
115 -110 Comp. Bars 0 pr $400.00 $0.00
7x8 Track Ties 15 ea $43.90 $658.50
Track Spikes 1 keg $81.50 $81.50
Track Bolts & Washers 16 ea $2.63 $42.08
Thermit Weld 0 ea $150.00 $0.00
Concrete Crossing 45 ft $222.00 $9,990.00
Ballast 75 ton's $54.10 $4,057.50
Geogrid 60 ft $3.00 $180.00
Drain Tile 100 ft $8.00 $800.00
Signal Material 1 ea $300.00 $300.00
Recovered Scrap 3 ton's ($150.00) ($450.00)
Labor
Remove Crossing 45 ft $13.00 $585.00
Renew Ties 56 ea $13.00 $728.00
Replace Rail 160 ft $5.00 $800.00
Surface Track 200 ft $3.00 $600.00
Install Concrete 45 ft $20.00 $900.00
Weld Rail 0 ea $200.00 $0.00
Other
Contractor ( Signal )
Contractor ( haul material )
Contractor( Asphalt )
Machine Usage
1 @
1@
75 ton's
1@
$500.00
$1,000.00
$150.00
$4,070.00
$26,196.68
$3,613.00
$500.00
$1,000.00
$11,250.00
$4,070.00
$16,820.00
Additive
Labor 74.84% of $3,613.00 $2,703.97
$2,703.97
Total $49,333.65