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HomeMy WebLinkAboutIDOT - Nevada St RR Crossing Repair-4/24/2017(4. Kw/mum Form 201308 (04-18) Office of Rall Transporlallon 00D Lincoln Way, Amos, IA 50010 Railroad Crossing Location Information County: Blacldiawk Location: State o£ Iowa State a Aid Grade Crossing Surface Repair Fund Force Account Agreement RR name Label for Amr,•ees ent 2 (Agreement for BNSF, UP, DME, (CRANDIC) CIC, CC, CEDR, IAIS) FRA No: 3071220 East 4th Street City of Waterloo Street Name City Name 307122044 Project Number Contact Information Highway Authority Contact: Jeff Bales Office Phone No: (319) 291-4312 Email Address: _jeff.bales@ aterloo-ia,org Railroad Company Contact: Harlan Arians Office Phone No: (319) 236-9205 Email Address: arians@cn,ca Iowa DOT Program Manager: Kristopher Klop Office Phone No: 515-239-1108 Email Address: Kristopher.Klop@dot.iowa.gov Iowa DOT Project Inspector: Travis Tinicen Office Phone No: 515-290-5055 Email Address: Travis.TinIcen@dotiowa.gov dot.iowa,gov Page 1 of 0 Rr3 FRA No: 307122G THIS AGREEMENT, entered into pursuant to Iowa Code Ch. 327G and 761 Iowa Administrative Code, Chapter 821, is between the City of Waterloo, Iowa, hereinafter referred to as HIGHWAY AUTHORITY, and the Chicago Central & Pacific Railway 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 East 411' Street in 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 orossing, 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" attaohed 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.iowadoiaov/iowarail/odfs/UP- BNSF%20road xings%20Std.adf If the COMPANY chooses to utilize contract company forces to perform the work, the COMPANY must obtain detailed itemized bids for the work to be completed. The COMPANY must provide the bids to the DEPARTMENT and HIGHWAY AUTHORITY for review and approval. The DEPARTMENT and HIGHWAY AUTHORITY shall approve the bid prior to the contraot company performing any repair work. In the event that a contract company is utilized by the COMPANY, Exhibit B of this document is in effect and must be followed. Page 2 of 9 Rr3 FRA No: 307122G 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 12'45' 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 sidewallc 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. If the HIGHWAY AUTHORITY chooses to utilize contract company forces to perform the sidewalk or recreational trail work referenced in the above paragraph, the HIGHWAY AUTHORITY must obtain detailed itemized bids for the work to be completed. The HIGHWAY AUTHORITY must provide the bids to the DEPARTMENT for review and approval. The DEPARTMENT shall approve the bid prior to the contract company performing any repair work. 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® 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 fmal billing to the DEPARTMENT and HIGHWAY AUTHORITY. The COMPANY shall 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 handled the same as stated above. SECTION II. Cost Estimate. The estimated cost of the project work is itemized on Exhibit "E" attached hereto, and made part of this Agreement. The DEPARTMENT shall not make total project payment exceeding 10% of the cost estimate provided by the COMPANY in the engineered estimate. Any accrued costs more than the 10% cap must be provided to the DEPARTMENT and HIGHWAY AUTHORITY for review and approval, 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 Page of Rr3 FRA No: 3071220 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 rehnbursed 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 rlmarounds). The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1) aminimurn 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 Contaot Person no later than 14 days prior to the startof 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 VL Project Completion. After the COMPANY has completed the required worlc, 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 bus 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. 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 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 construotion of runarounds will not be eligible project reimbursable costs. Page 4 of 9 Rr3 FRA No: 3071220 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 "0", 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. )anal 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, alcohon&G billing. Final bill shall include a detailed summary of all incurred costs. SECTION XL 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, Reitnbursement 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 bitting. 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 XIL )vlaintenance 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 Dross 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 Grossing 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 Page o of 9 Rr3 FRA. No: 307122G 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 hum 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 assigrunent 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 n..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 instalment. 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 6of9 Rr3 FRA No: 307122G 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: Netne is ExecutedAry HIGHWA AUTHO Y By: �. - Nama Executed �ay the DEPARTMENT By: Stuart Ander on, Director Office of Rall Traneportallon Page 7 of Date 4/1�q/l2 Date Date /, Iowa Department of Transportation L., form 040016 (04.11) • EXHIBIT "A" - WORK STATEMENT Iowa Grade Crossing Surface Repair Fund and Federal -Aid Rail/Hlgitway Crossing Surface Repair County Blaok Hawk Meeting Date: 10/27/2015 FRA No.: 307122G Highway Authority City of Waterloo RR Company: CN Location: East 4th Street Waterloo street Name City Nano 1. Crossing(s) Reconstructed A. COMPANY will reconstruct 3 crossings of 288 total feet that Include 64 feet of Rubber surface material through the traveled roadway and 224 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 crossings) 115 2. Traffic Controls (check below) D 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 ofsixty (60) days in advance of the approxhnate 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. A. Taper Length (estimated) A 50 foot taper on the North side of the crossing and a 50 foot taper on the South side of the crossing, requires 85 of HMA material (estimated). Toper length should not exceed 25 feat for each inch of track raise. This work will be completed by (I►arkwll{: an Ji): ❑ HIGHWAY AUTHORITY forces ® HIGHWAY AUTHORITY'S contractor Operations 311ec1a1 Capital Project Estimalb RENEW St UPGRADE PAST 4TH STREET DOTIt 3071226 Location: Company Name: Subdivision Name: Mlle Post: State: Survey Network Number: Truck Network Number: Signal Network Number: Buy American Certification Required? Agency: Labor Additive Type: WATERLOO Chicano, Ce mal & pacific J.iallroad Comnany WATERLOO 275.95 LA Yas Iowa MOW DOT Agency/CN Approved Southern Region Design Conslruclion Homewood, IL tabor Material Other Total Capital Cost PW Material Donation TOTAL PIWJECT COST Created Ry: Revised Dy: Created Date: Date Revised: March 10.2017 Status: $105,444 $196,069 $92,610 $394,123 $o -$315,798 $78,026 Description GANG SIZE DAYS MANDAYS PRICE TOTAL C— LIBOR Unload/Distribute Material Construct Track Surfacing Welding Install Crossings S&C Lobar Remove STAR T RAK I1 conc )(logs TOTAL DIRECT TABOR 3 5 3 2 7 6 7 4 12 $330 6 30 $330 5 9 $830 3 6 $330 3 21 $330 3 18 $330 3 21 $330 MD: 117 Description $3,960 $9,900 $2,970 $1,980 $6,930 $5,940 $6,930 X33,610 — TOTAL a MATERIAL New Rall Field Welding Track Spikes Rall Anchors Tie Plates Minor OTM Track Ties Ballast Crossing Materials Signal & Communications Material $21,759 $2,015 $354 $1,956 $16,945 $31,032 $20,665 $0,565 $71,461 $3,100 Subtotal New/Capltellzed Material TOTAL DIRECT MATERIAL $186,732 306,7:32 Description UM TOTAL QTY PRICE OTHER .. Engineering Real Estate Grading CantractorTracic Construction Utilities Signal and Communications Bridge & Structures Hauling/DIsposal -r– TotalEngineering Total Real Estate Total Grading Holland Flash Butt Welds Install Pavement Remove Pavement Total Contractor Track Construction Total Utilities Total signal and Communications Total Bridge & Structures Offsite Disposal of Debris 1 of 3 EA TON TON 6 155 155 $395 $258 $31 $0 $0 $2,370 $39,990 $4,305 $47,165 $0 $0 $0 LS 1 $5,000 $5,000 FRA No.: 3071220 B. Track Opening in the Roadway (mark with an X) ❑ Existing track opening will be maintained, ® Track opening of 48 feet will be required involving the following described roadway modifications. 80 Est. HMA tonnage This work will be completed by (Mark with an X): O COMPANY forces ❑ COMPANY contractor ► I HIGHWAY AUTHORITY'S contractor 5. Existing Sidewalk(s) and/or Recreational Trail replacement by HIGHWAY AUTHORITY The quadrants requiring upgrades to meet ADA requirements (track with an X): Sidewalk (5' width required) * Rec Trail (10' width) ® NE 16 (feet) ® SE 16 (feet) 0 NE (feet) ❑ SE ® NW 16 (feet) ® SW 16 (feet) 0 NW (feel) 0 SE * Recreational h'aIl footage will be doubled because we use the sidewalk 5' width cost forreimbursement. This work will be completed by (mark with an X). ❑ HIGHWAY AUTHORITY forces ® HI©HWAY AUTHOR1TY'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 (wits). This work will be completed by (warlc with an JQ. ❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces ❑ COMPANY'S contractor 0 HIGHWAY AUTHOR1TY's contractor 7. Drainage (mark with an X) A. 0 Present drainage is adequate. B. 0 Drainage work required. Specify work to include materials and outlet. C. ® Clean all four (4) quadrants for good staice drainage. 0 HIGHWAY AUTHORITY forces (feet) (feet) 8. Additional Construction and Traffic Control Conditions; l.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. All three (3) tracks will be at the same elevation at completion of project, 9. Attendees The following attendees agree on all items of this work statement. This work statement will be included as part of the exeeutcd agreement, Railroad Representative: Highway Authority Representative: Harlan Arians JeffBales Name Nnmc State Project Manager: Additional Attendees: Travis Tinken 515-239-1876 (office phone) 515-290-5055 (cell phone) Miscellaneous ,TOTAL OTHER Descri . tJon M DITI_ h.5 Operallans 8peeial Capital PTojaat EsIlmato RENEW & UPGRADE EAST 4T1-1 STREET DOT# 307122E Total Hauling/Dtsposat Per Dlem (BMWE Labor) Contingency Rental Equipment Total Miscellanaous Southem Region Design Conalrucllon Homewood, IL. MD 99 $87 SUM 5% $186,222 SUM 1 $20,000 $5,000 $0,613 $9,312 $20,000 $40,445 $92 610 Labor Capitalized Surcharges Material Capitalized Surcharges DD ATIDN Donation USD $30,610 TOTAL 173.10% $66,834 USD $186,732 5,00% $9 337 76,37,1 Amount TOTAL $315,298 - 315 298 TOTAL DONAM_N $315,298 TOTAL CAPITAL COST TOTAL NON•CAP/TALIZED COST (PW MATERIALS) TOTAL DONATION TOTAL PROJECT COST $394,123 $0 -$315,298 L8.11.5 2of3 Operations Speelal Capital Project Estimate RENEW & UPGRADE EAST 4TH STREET DOT# 307122G Soulhem Region Design Construction Homewood, IL (MATERIAL FORECAST FOR: Material Description 1 NEW RAIL State Tax 1 UM i QTY 1 UnitPrtce 1 Total RAIL 115 LO ALL MANUF/METAL/PROCESS 6.00% Fr FIELD WELDING 960 1 $18.59 TOTAL NEW RAIL 521,759 521,759 THERMITE KIT 115 N 6.00% FA TRACK SPINES 18 1 $105.59 TOTAL FIELD WELDING 52,015 52,013 SPIKE TRACK 5/BIN X 618 AREMA 60 PER CAN 6.00% CAN RAIL ANCHORS 11 1 526.35 TOTAL TRACK SPIKES $354 5354 ANCHOR RAIL 1158 RE HD PLAN 751313 6.03% EA TIE PLATES 1,150 1 $1.39 TOTAL RAIL ANCHORS 51,956 $1,956 PLATE TIE 7-1/21NX14IN5-1/2BASE TS5O1 6.00% EA 98 $9.26 $1,185 PLATE TIE CAST 1618-51/218 BASE CLEATED 6,00% EA 468 $27.76 515,839 TOTAL TIE PLATES $16,945 JOINT GLUED INS 115 FHH KEV 19' 6" RAIL TRANSITION 1158 19'6" OR 20'751110 SCREW SPIKE CMN STD 15/161N X 61/2IN Clip, Pandrol, 62055, Gelvn, 6.00% 12 51,047.68 $15,326 6.00% 12 $578.45 58,462 6.00% 1,872 51.83 6.00% 936 $3.39 TRACK TIES TOTAL MINOR OTM $4,173 $3,871 531,832 TIE TRACK 7" X 9" X 8' 6" 81 HWD TREATED Switch Tie 10 ft 6.00% 49 $66.36 $3,964 6.00% 234 $8659 $24,701 BALLAST TOTAL TRACK TIES $28,685 BALLAST -MAINLINE 6.00% TN i 8551 $9.45 I $8,565 CROSSING MATERIALS (CROSSING RECYCLED RUBBER 115ft 10'TIES TOTAL BALLAST $6,565 1 6.00% EA1 i 286 I 5203.55 1 $71,461 Signals & Communlcattons Materiets TOTAL CROSSING MATERIALS $71,461 S&C MATERIALS (Per 5&C Dept Estimate) 6.00% 1 LS 1 33,000.00 1 $3,180 TOTAL SIGNAL & COMMUNICATIONS $3,180 TOTAL MATERIAL 1 $186,732 3 of 3 RETAINAGE AGREEMENT This Retainage Agreement ("AGREEMENT") is made and entered into by and between the CITY OF WATERLOO IOWA and the CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, effective as of the date of latest execution shown below: KNOWN ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Waterloo, Iowa (hereinafter referred to as HIGHWAY AUTHORITY) is a political subdivision organized and existing under the laws of the State of Iowa; that its official mailing address is 715 Mulbeny Street, Waterloo, Iowa, 50701; and WHEREAS, the Chicago, Central & Pacific Railroad Company (hereinafter referred to as COMPANY) is a corporation organized and existing under the laws of the State of Delaware and duly authorized to conduct business in the State of Iowa; that it operates a common carrier service by railroad between points in Iowa and between points in other states; that its principal offices are located at 17641 South Ashland Avenue, Homewood, Illinois 60430-1345; and WHBREAS, the HIGHWAY AUTHORITY initiated the request to the State of Iowa to secure said State of Iowa safety funds to assist in the costs of upgrading and reconstructing the CROSSING to an enhanced outface. The HIGHWAY AUTHORITY and COMPANY may become parties to a separate agreement being provided by the State of Iowa pursuant to Iowa Code Chapter 327G and 761 Iowa Adminstrative Code, Chapter 821 to upgrade and reconstruct the at -grade crossing (hereinafter referred to as the CROSSING) located at the location where East 4t Street (DOT No. 307122G) crosses over the COMPANY tracks in Waterloo, Iowa, which is attached hereto as Exhibit A. WHEREAS, the HIGHWAY AUTHORITY and COMPANY are entering into this AGREEMENT for the purpose of simply clarifying the maximum amount of retainage that HIGHWAY AUTHORITY may elect to retain when making progressive payments to COMPANY as provided under Section PC of the aforesaid separate agreement attached hereto as Exhibit A. NOW, THEREFORE, in consideration of the stated premises and the mutual covenants and agreements of the parties as herein contained and for other valuable consideration flowing unto the parties, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. The HIGHWAY AUTHORITY shall promptly reimburse the COMPANY in amount not less than NINETY-SEVEN per cent (97%) of any amount progressively billed by COMPANY to HIGHWAY AUTHORITY covering the upgrade and reconstruction of the CROSSING as aforementioned and provided for in Exhibit A. 2. The COMPANY shall agree to enter a separate tri -party agreement presented by the State of Iowa covering the upgrade and reconstruction of the CROSSING as aforementioned and provided for in Exhibit A.. It is agreed between the COMPANY and HIGHWAY AUTHORITY to incorporate by reference the "WHEREAS" clauses set forth above as if fully set forth herein, and each party agrees to be fully bound thereby. This AGREEMENT is binding upon all successors and assigns, and supersedes all other offers, negotiations, and agreements related to the PROJECT. Modifications to this AGREEMENT, and amendments or addenda thereto, must be agreed upon in writing by both parties and executed by both paries. IN WITNESS WHEREOF, the parties have executed this AGREEMENT after being duly authorized to do so. `N1 Authorized by the Council of the City of Waterloo, Iowa, on the oi%? day of li-C.{o : 20 per Resolution A311 —13 3 and executed by (g.Vf.rthrt. 44ort t , the rt_. of the Q. of W at- C.rio-c, , acting by and on ehalf of City of Waterloo, Iowa, this the 2-6441 day of fcb , 2011 City of Waterloo BY: Title IU If� , City of Waterloo ATTEST: Idd/bei--- lerk City of aterloo Approved by Tom L. Bourgonje, Regional Chief Engineer, of the Chicago, Central & Pacific Railroad Company, this the 30 day of March, 20 BY: R€gional Chi f E . . �. i eer 2