Loading...
HomeMy WebLinkAboutChicago Central and Pacific Railroad Co-5/10/2010STATE OF IOWA */\ Pcm-v\o%A-1-li GRADE CROSSING SURFACE REPAIR FUND County: Black Hawk Road: Glenwood Street FORCE ACCOUNT AGREEMENT y 1 ��� j v��,�L� At the railroad crossing locatedOAPR ��2ii0 FRA No.: 307-119-Y DIRECT ALL COMMUNICATIONS REGARDING THIS PROJECT TO: HIGHWAY AU`1.JIORITYContact Person: Jeff Bales, Associate Engineer Address: 715 Mulberry Street, Waterloo, IA 50703-5783 Office Telephone No.: 319-291-4323 Railroad COMPANY Contact Person: Harlan Arians, Engineer - Technical Services Address: 1006 East Fourth Street, Waterloo, IA 50703 Office Telephone No.: (319) 236-9205 E -Mail: harlan.arians@cn.ca DEPARTMENT Contact Person: Mary Jo Key, Program Manager Telephone No. 515-239-1108 E-mail address: mary.jo.key@dot.iowa.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: Complete and return three fully executed Agreement forms to Iowa Department of Transportation, Office of Rail Transportation, for each crossing project. Exhibit "A" - Work Statement, and Exhibit "B" - Cost Estimate. EQUIPADD, Surface 1/1195 (Revised. 10/27/09) 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 City of Waterloo, 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 Glenwood 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 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 the roadway approach work or other required incidental work. In the absence of specific COMPANY standards, BNSF/Union Pacific Railroad common crossing standards shall be used as guidance. 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 RB -6 shall be used. As per Standard Road Plan RB -6, the detectable warning is to be installed 12' from the edge of the nearest rail. 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. SECTION II. Cost Estimate. The estimated cost of the project work is itemized on Exhibit "B" attached hereto, and made part of this Agreement. 2 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 extension time will not be reimbursed. SECTION W. 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 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. 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 3 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 these costs. SECTION IX Progressive Payments. The COMPANY may submit 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. SECTION X Final Billing. Upon completion of the project the COMPANY shall submit an accurate final itemized billing in three (3) counterparts. 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 4 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 (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 o1 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 5 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. 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. 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 Chicago, Central and Pacific Railroad Company day of ,201C7 By. r +9J`' �l e..(N. U�� Q� Executed by the HIGHWAY AUTHORITY this � , Iowa day of , 201 ( By: Executed by the DEPARTMENT this Name and Title 6 . C.t o- Iowa Department of Transportation day of , 201_ By: Tamara Nicholson, Director Office of Rail Transportation 6 Fenn 040016 8-07 iNIowa Department of Transportation EXHIBIT "A" — WORK STATEMENT Iowa Grade Crossing Surface Repair Fund and Federal -Aid Rail/Highway Crossing Surface Repair County: Black Hawk FRA No: 307119Y State Crossing No: 12388 Location: Glenwood Street Meeting Date: 10/28/08 Highway Authority: Waterloo RR Company: CN 1. Crossing(s) Reconstructed A. COMPANY will reconstruct 2 crossings of 168 total feet that include 76 feet of Rubber surface material through the traveled roadway and 92 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) fl A highway runaround will be constructed to permit two-lane traffic during repair. The highway will be closed for 8-10 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 also advise the STATE PROJE I INSPECTOR fourteen (14) days in advance of the actual starting date. 3. Track Elevation Relative to Existing Road Pavements (mark with an X) 0 Tracks will be constructed to meet existing road grade. 0 Roadway will be reconstructed to meet a proposed new track grade (roadway work is not covered by this Agreement.) ® Tracks will be elevated 1-2 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 25 foot taper on the East side of the crossing and a 25 foot taper on the West side of the crossing, requires 75 tons of INA 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 forces l51 COMPANY'S contractor I-1 HIGHWAY AUTHORITY'S contractor 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. Est HMA tonnage 40 This work will be completed by (mark with an X). fl COMPANY forces ❑ HIGHWAY AUTHORITY forces ® COMPANY'S contractor n HIGHWAY AUTHORITY'S contractor 5. Existing Sidewalks) 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 ) IZ NE 14 (feet). DISE 14 (feet). ❑ NE (feet). OSE _ (feet). ❑ NW (feet). NSW 14 (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). n COMPANY forces ❑ HIGHWAY AUTHORITY forces El COMPANY'S contractor ❑ HIGHWAY AUTHORITY'S contractor 6. Crossings) 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). n COMPANY forces 11 HIGHWAY AUTHORITY forces ❑ COMPANY'S contractor n 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. ►1 FRA No. 307119Y 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. 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. Harlan Arians State Project Manager- Travis Tinken Office No. 515-239-1876 Cell No. 515.290-5055 u' Eric Thorson way Authority Representative Additional Attendees: Louie .Bouchard Copy of Exhibit "A" will be given to the Hwy Authority, RR company and the State at the crossing site. Revised 08/29/07 ...120091CMCN 307119Y.dgn 11/6/2008 7:08:43 AM 1 a m 1 •1 1 1 Ms1 7 - m1 1 11i1 ii111111111111i. �o n �- z� -am c mMf) Z m A 25' HMA TAPER REQUIRED FOR THE l-2' TRACK RAISE n n • 7.1 n a 0 N � D a 0 N C 0 1 m n Fence el 2 TIE STAGGER .12111 11ri111ti1111.117111i• 11•1111M111111.1111111111 imaima 11i11Qti1[11i1111ii1t1a1111i ■i i1t11;i11aihalalel;i;iih:iili,i ,13 D .zin dm m N 76' THRU RD / 92' THRU SHOULDER 156 SETS) 32' APPROACH WI DTH A 25' APPROACH TAPER REQUIRED FOR THE 1-2' TRACK RAISE. ,..._.■1011■.....1■..01 f emce fA eF 7 19 0 h 3 co GI R m m o e. i zao. , c • -con 0..c S e. 0 0 rr0 Exhibit B New Full Depth Rubber Crossing, Glenwood Street Southern Region Technical Services Homewood, IL Estimate: New Full Depth Rubber Crossing, Glenwood Street Location: Waterloo Company Name: Chicago, Central & Pacific Railroad Co. Subdivision Name: Waterloo Date created: February 1.2010 Mile Post: 275.11 Date revised: February 1. 2010 State IA Status: x DOT # 307119Y Description UM QTY PRICE TOTAL LABOR Unload/Distribute Material Construct Track Install Tumouts Destress Track Surfacing Welding Flagging Install Crossings B&S Labor S&C Labor Open Line Open Line Open Line Open Line Open Line (TOTAL DIRECT LABOR GANG SIZE 3 5 5 5 3 2 1 5 0 1 0 0 0 0 0 Days MD 3 9 $230 $2,070 4 20 $230 $4,600 0 0 $230 $0 0 0 $230 $0 4 12 $243 $2,916 4 8 $235 $1,880 0 0 $230 $0 4 20 $237 $4,740 0 0 $237 $0 5 5 $284 $1,420 0 0 $230 $0 0 0 $0 $0 0 0 $0 $0 0 0 $0 $0 0 0 $0 $0 $17,626 Description MATERIAL UM QTY PRICE TOTAL Rail New Rail PW Field Welding Spikes Anchors Tie Plates Minor OTM Major OTM Tumouts Track Ties Switch Ties Ballast Crossing Materials Structures Material S&C Material Open Line Open Line Open Line Open Line Open Line 'TOTAL DIRECT MATERIAL $8,568 $0 $1,210 $262 $7,081 $12,301 $0 $0 $0 $794 $12,226 $2,856 $59,722 $0 $0 $0 $0 $0 $0 $0 $105,020 Description 0T+IER UM QTY PRICE TOTAL Per Diem (Mandays) Permitting Engineering Consulting/Design Grading Flagging - Contractor (Mandays) Land Purchase/Real Estate Fees 1 SUM 74 $72.00 $5,328 SUM 0 $0 $0 SUM 0 $0 $0 SUM 0 $0 $0 SUM 0 $840 $0 SUM 0 $0 $0 Exhibit B New Full Depth Rubber Crossing, Glenwood Street Track Construction Welding - Contractor Paving & Approach Work - Contractor B&S Contracts Other Culverts Sheet Piling S&C Contracts Other Directional Boring Fiber Optic Utilities - Electrical/Gas Shipping Open Line Open Line Open Line • Contingency TF EA SUM SUM SUM SUM SUM SUM SUM SUM SUM SUM SUM SUM SUM 0 0 1 0 0 0 0 0 0 0 1 0 0 0 1 Southern Region Technical Services Homewood, IL $30 $600 $29,000 $0 $0 $0 $0 $0 $0 $0 $1,000 $0 $0 $0 $19,866 $0 $0 $29,000 $0 $0 $0 $0 $0 $0 $0 $1,000 $0 $0 $0 $19,866 TOTAGOTHHER $55,194 Labor Surcharges Material Surcharges Accounting & Equipment Additive UM QTY $17,626 $105,020 $157,974 PRICE 120.39% 5.00% 9.00% TOTAL $21,220 $5,251 $14,218 TOTAL PROJECT COST $218,529 MATERIAL FORECAST FOI307119Y Material Description NEW 115# THERMITE KIT 115 # SPIKE TRACK 5/8' X 6", 50 Ib Keg RAIL ANCHOR 115 Galvanized Clips (per bag) Lag Screws (per bucket) PLATE TIE PANDROL (MSR) 115# TRACK 7" X 9" X 8' 6" HWD#1 SWITCH TIE - 10' HW BALLAST ROAD RUBBER CROSSING MATERIAL (Per Quote) DRAIN PIPE 45 degree Elbow for 6" PVC Perforated Pipe State Tax 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 2 Waterloo 275.11 UM QTY Unit Price Total LF 480 17.00 $8,568 EA 16 72.00 $1,210 CN 11 22.72 $262 EA - 640 1.40 $941 EA 11 336.00 $3,881 EA 30 71.70 $2,259 EA 284 41.25 $12,301 EA 18 42.00 $794 EA 142 82.00 $12,226 TON 320 8.50 $2,856 TF 168 3.25.00 $57,330 FT 268 8.45 $2,378 EA 2 6.50 $14 Exhibit B New Full Depth Rubber Crossing, Glenwood Street STATE COST SUMMARY Southern Region Technical Services Homewood, IL Estimate: New Full Depth Rubber Crossing, Glenwood Street Location: Waterloo Company Name: Chicago, Central & Pacific Railroad Co. Subdivision Name: Waterloo Mile Post: 275.11 DOT # 307119Y February 1, 2010 LABOR $38,846 MATERIAL $110,271 OTHER $69,412 PROJECT TOTAL $218,529 State Cost (60%): $131,117 Highway Authority Cost (20%): $43,706 Railroad Cost (20%): $43,706 3 S� V