HomeMy WebLinkAboutChicago Central & Pacific Railroad Company-5/7/2012Please return this copy to:
City Clerk & Finance Department
715 Mulberry Street
Waterloo, IA 50703
COOPERATIVE SURFACE REPAIR
FORCE ACCOUNT AGREEMENT
Between
Chicago Central & Pacific Railroad Company
And
City of Waterloo Iowa
For construction of surface improvements at the West Donald Street
railroad crossing located on CCP Railroad Company's track
County: Blackhawk
FRA No: 307174Y
Road: West Donald Street, Waterloo, IA
.41
DIRECT ALL COMMUNICATIONS REGARDING THIS PROJECT TO:
HIGHWAY AUTHORITY
Contact Person: Jeff Bales, Associate Engineer
Address: City of Waterloo, Engineering Department
715 Mulberry Street
Waterloo, IA 50703-5783
Office Telephone No.: 319-291-4312
COMPANY
Contact Person: Harlan Arians, Manager Public Works
Address: Chicago, Central and Pacific Railroad Company
1006 East Fourth Street
Waterloo, IA 50703
Office Telephone No.: (319) 236-9205
COOPERATIVE SURFACE REPAIR
FORCE ACCOUNT AGREEMENT
This AGREEMENT is between CITY OF WATERLOO, IOWA, hereinafter referred to as
the HIGHWAY AUTHORITY, and CHICAGO, CENTRAL AND PACIFIC RAILROAD
COMPANY, hereinafter referred to as the COMPANY.
The HIGHWAY AUTHORITY and the COMPANY agree to repair the at -grade crossing
located at West Donald Street, Waterloo, 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 any 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 performance of other required incidental work.
The HIGHWAY AUTHORITY will be responsible to have any existing sidewalk(s) and/or
recreational trail(s) replaced by a contractor or their own forces, in accordance with the Americans
with Disabilities Act requirements. In the absence of any specific HIGHWAY AUTHORITY
standards that are acceptable to the COMPANY, the Iowa Department of Transportation's Standard
Road Plan MI -220 shall be used. As per Standard Road Plan MI -220, the detectable warning is to be
installed twelve feet (12') from the edge of the nearest rail, and the sidewalk is a minimum width of
five feet (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 not be the responsibility of
the COMPANY.
The HIGHWAY AUTHORITY will coordinate and have the approaches completed. The
HIGHWAY AUTHORITY will provide copy of such invoice(s) provided by the contractor(s) for
costs for the sidewalk, and/or recreational trail, and approach work to the COMPANY. Eighty percent
(80%) of these costs will be applied as a credit in the final billing by the COMPANY to the
HIGHWAY AUTHORITY.
SECTION II. Cost Estimate. The overall estimated cost of the project work, which shall be
provided by the COMPANY, is itemized on Exhibit "B" attached hereto and made a part hereof.
Exhibit "B" shall also include an amount equal to the HIGHWAY AUTHORITY' s cost estimate for
the asphalt and sidewalk and/or recreational trail costs.
SECTION III. Work Start and Completion. The COMPANY shall begin the construction of
the project as soon as possible after the date the HIGHWAY AUTHORITY signs this Agreement.
Costs incurred by either party directly related to the project prior to the HIGHWAY AUTHORITY
signing the Agreement may be reimbursable under this Agreement. Cost incurred by the COMPANY
more than eighteen (18) months after the HIGHWAY AUTHORITY signs this Agreement will not be
reimbursed unless the COMPANY has requested in writing, prior to expiration of the Agreement,
and received from the HIGHWAY AUTHORITY a written extension of time for completion. The
HIGHWAY AUTHORITY 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 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.
SECTION V. Work Notification. The COMPANY shall notify the HIGHWAY
AUTHORITY's Contact Person no later than fourteen (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 HIGHWAY AUTHORITY
shall have the right to inspect the project work at any time on -track protection is provided by the
COMPANY.
SECTION VI. Project Completion. After the COMPANY has completed the required work,
the COMPANY shall notify the HIGHWAY AUTHORITY in writing. The HIGHWAY
AUTHORITY shall arrange an inspection with the COMPANY to determine whether the project work
has been completed in accordance with the terms of this Agreement or Amendments thereto.
EXHIBIT "A" — WORK STATEMENT
Iowa Grade Crossing Surface Repair Fund and Federal -Aid Rail/Highway
Crossing Surface Repair
County: Blackhawk Meeting Date: 5/01/12
FRA No: 307174Y Highway Authority: Waterloo
State Crossing No: 1730 RR Company: CCP
Location: West Donald Street
1. Crossing(s) Reconstructed
A. COMPANY will reconstruct 1 crossing(s) of 54 total feet that include 42 feet of Rubber surface
material through the traveled roadway and 12 feet of Rubber surface material through the
shoulder, sidewalk, and/or trail 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 (mark with an X)
❑ The highway will be closed for 33=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 f sixty (60) days in advancc f thc -appr ximatc starting datc t all w the
IIIGIIWAY AUTH RITY t implcmcnt thc dct ur.
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.
rat 1. •/
advancc f the actual starting datc.
3. Track Elevation Relative to Existing Road Pavements (mark with an X)
Tracks will be c nstructcd t mcct existing r ad grade.
❑ Tracks will be elevated 00-11 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. Taper Length (estimated)
A 5 foot taper on the North side of the crossing and a 5 foot taper on the South side of the
crossing, requires 32 tons of HMA material (estimated). Taper length should not exceed 25 feet
for each inch of track raise. Approach shall comply with HIGHWAY AUTHORITY
specifications.
This work will be completed by (mark with an X)
❑ COMPANY forces ❑ HIGHWAY AUTHORITY f rcca
❑GONGMEWgs=emir=aoter ❑ HIGHWAY AUTHORITY's contractor
FRA No. 307174Y
B. Track Opening in the Roadway (mark with an X)
Existing track opening will be maintained.
rnodificati ns. Est. HMA tonnage
This work will be completed by (mark with an X).
❑ COMPANY forces ❑ IIIGIIWAY AUTH RITY f rccs
❑ CO "" ' e - otcr n IIIGHWAY AUTHORITY's c ntract r
Th quadrants r qui ring upgrad 3 t m
Sidewalk (5' width required)
NE (fret) SE _(feet)
NW (feet) SW (feet)
•&I_111\Y
t ADA r quir m nt3 (mark with an X).
*Rcc' Trail (10' width) NE 16(feet)
NE _(feet) SE _(feet)
NW (feet) SW (feet)
This w rk will be c mplctcd by (mark with an X).
❑ C MPANY f rccs HIGHWAY AUTH RITY f rccs
❑ C NIl'ANY's c ntractor J HIGHWAY AUTH RITY's c ntract r
A. COMPANY will rctirc and remove cr ssing(s).
B. Voids in pavement will be filled with material requiring (units).
This w rk will be c mplctcd by (mark with an X).
HIGHWAY AUTHORITY f rccs
❑ COMPANY's c ntract r HIGHWAY AUTHORTTY's c ntract r
7. Drainage (mark with an X)
A. ❑ Present drainage is adequate.
B. 0 Drainage work required. Spccify work to include materials and outlet.
Clean all f ur (11) quadrants f r g d surface drainage.
❑ COMPANY f rccs
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 will
be placed five (5) foot from the railroad surface material.
9. Signature Block
Signatures indicate agreement on all items on Work Statement. If the Agreement is not reached
at the field meeting, Highway Authority should hold the form, and set target resolution date.
Railroad Representative Date Highway Authority Representative Date
Operations Special Capital Project Estimate
(1 TRK) @ W DONALD ST
307174Y
Estimate:
Location:
Company Name:
Subdivision Name:
Mile Post:
State
Network #
Southern Region
Technical Services
Waterloo, IA
INSTALL RUBBER SURFACE (1 TRK) @ W DONALD ST 307174Y
WATERLOO
CCP
WATERLOO
277.98
IA
x
Description
LABOR
Date created: April 18, 2012
Date revised: April 30, 2012
Status: PRELIM
UM QTY PRICE TOTAL'
GANG SIZE
Unload/Distribute Material 3
Construct Track 5
Destress Track 5
Surfacing 3
Welding 2
Install Crossings 5
S&C Labor 1
Remove Crossings 5
Engineering 1
II9LAL DIRECT LABOR
Days MD
0.5 1.5
1 5
0.5 2.5
1 3
1 2
1 5
1
0.5 2.5
1
$242
$242
$242
$255
$246
$242
$299
$242
$401
$363
$1,209
$605
$766
$493
$1,209
$299
$605
$401
$5,949 I
Description
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
$4,576
$584
$150
$1,590
$4,222
$649
$1,032
$3,136
$2,877
$11,539
$541
$30,896 I
Description
OTHER
UM QTY
PRICE
TOTAL'
Per Diem (Mandays)
Rental Equipment
Approach work/asphalt
Contingency
'TOTAL OTHER-'
SUM 24
SUM 1
SUM 1
10%
'ADDITIVES`
Labor Surcharges (IaDOT approved 03-08-2012)
Engineering Labor Surcharges
Material Surcharges
$5,548
$401
$30,896
$80.25
$3,901
$5,709
$57,542
PRICE
131.97%
83.29%
5.00%
Amount
(12,659.00)
(TOTAL ADDITIVES (EXCLUDES * ITEMS)
"DONATION
Recoverable Donation to CN
$1,886
$3,901
$5,709
$5,754
$7,322
$334
$1,545
$9 2o1.1
TOTAL'
(12,659.00)
(12,659.00)1
'TOTAL DONATION
TOTAL PROJECT COST
$63,296
1 of 3
Operations Special Capital Project Estimate
(1 TRK) @ W DONALD ST
307174Y Southern Region
Technical Services
Waterloo, IA
MATERIAL
Material Description
FORECAST
- R INSTALL RUBBER SURFACE (1
FOR IRK) WDONALD ST 307174Y
WATERLOO
278
State Tax UM QTY _ ' Unit Price Total
NEW 115#5.00% LF 240 18.16 $4,576
THERMITE KIT 115 # 5.00% EA 6 92.70 $584
5"
' R
-SPIKE TACK 5/8 X 6, 50 Ib Keg 00% CN
. _ _ _ 5 28.63 _... $150
RAILANCHOR 115 5.00% EA 1,050 1.44 $1,590
TIE PL DS 7-1/2X14 BASE 5-1/2N 5.00% EA 42 8.81 $388
----------
PLATE TIE MSR 7-1/2" X 15-1/2" 100-115# 5.00%EA 100 36.51 $3,834
E -CLIP GAVLANIZED 110-136# 5.00% EA € 200 3.09 $649
TRACK 7" X 9" X 8' 6" HWD #1 5.00% EA 21 .._ _.._ 46.82 $1 032
SWITCH TIE - 10' HW 5.00% _.. EA 50 59.74 $3,136
BALLAST ROAD (80T per car) 5.00% TON 190 14.42 $2,877
RUBBER CROSSING MATERIAL (Per Quote) 5.00% TF 54 187.98 — $10,658
BLACKTOP 5.00% TON € 31.1 175.10 $5,709
DRAIN PIPE CONNECTIONS 5.00% FT 15 18.03 $284
PERFORATED PIPE, underdrain 6" PVC 5.00% LF 188 2.88 $569
45 degree Elbow for 6" PVC Perforated Pipe 5.00% EA 4 6.70 $28
SIGNAL MATERIALS (Per Signal Dept Estimate) 5.00% SM 1 1,030.00 $541
2 of 3
Operations Special Capital Project Estimate
(1 TRK) @ W DONALD ST
307174Y Southem Region
Technical Services
Waterloo, IA
STATE COST SUMMARY
Estimate: INSTALL RUBBER SURFACE (1 TRK) @ W DONALD ST 307174Y
Location: WATERLOO
Company Name: CCP
Subdivision Name: WATERLOO
Mile Post: 277.98
April 30, 2012
LABOR $15,755
MATERIAL $35,685
EQUIPMENT $5,576
APPROACH WORK $6,280
OTHER
PROJECT TOTAL $63,296
3 of 3
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 and 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. 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 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 agrees to incur a cost equal to
twenty percent (20%) of the reimbursable costs defined in SECTION VII for work described in
Exhibit "A".
SECTION IX. Progressive Payments. The COMPANY may submit accurate progressive bills
prior to project completion to the 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 HIGHWAY AUTHORITY will make progressive payments to the COMPANY for one
hundred percent (100%) 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, and
asphalt approach costs. Upon completion of the project the COMPANY shall submit an accurate final
itemized billing. The final bill shall include a summary of all incurred costs.
SECTION XI. Final Payment. The HIGHWAY AUTHORITY shall make payment equal to
twenty percent (20%) of the COMPANY final billing, less previous payment, within thirty (30) days
of its receipt of the COMPANY fmal billing. In the event of overpayment by the HIGHWAY
AUTHORITY as determined by an audit by the HIGHWAY AUTHORITY audit of COMPANY
records, the COMPANY shall pay the HIGHWAY AUTHORITY the amount of overpayment within
thirty (30) days of its receipt of the HIGHWAY AUTHORITY fmal audit. The HIGHWAY
AUTHORITY shall perform any desired audit within one hundred eighty (180) days of fmal billing.
After the one hundred eighty (180) day period without an audit being made by the HIGHWAY
AUTHORITY, the COMPANY's expenses and work as submitted shall be considered reasonable,
proper, and final.
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 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 fmancial assistance from the HIGHWAY AUTHORITY.
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 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 COMPANY and the HIGHWAY AUTHORITY concerning this
project. If the HIGHWAY AUTHORITY determines a substantial change is to be made in the
project work described in Exhibit "A", the HIGHWAY AUTHORITY will furnish the written
approval of the change.
SECTION XVII. Termination Due to Lack of Funds. Notwithstanding anything in this
Agreement to the contrary, and subject to the limitations set forth below, the HIGHWAY
AUTHORITY shall have the right to terminate this Agreement without penalty and without any
advance notice as a result of any of the following: 1) if funds are de -appropriated, reduced, not
allocated, or receipt of funds is delayed, or if any funds or revenues needed by the HIGHWAY
AUTHORITY to make any payment hereunder are insufficient or unavailable for any other reason as
determined by the HIGHWAY AUTHORITY in its sole discretion; or 2) if the HIGHWAY
AUTHORITY's authorization to conduct its business or engage in activities or operations related to
the subject matter of this Agreement is withdrawn or materially altered or modified. The HIGHWAY
AUTHORITY shall provide the COMPANY with written notice of termination pursuant to this
section. The HIGHWAY AUTHORITY will pay the COMPANY for the HIGHWAY
AUTHORITY' s 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
(2) 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.
IN WITNESS WHEREOF the COMPANY and the HIGHWAY AUTHORITY hereto have
caused this Agreement to be executed by their duly authorized officers as of the dates indicated below.
Executed by COMPANY this Chicago, Central and Pacific Railroad Company
day of , 2012 By
Name and Title
Executed by HIGHWAY AUTHORITY this City of Waterloo, Iowa
day of
Name and Title