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HomeMy WebLinkAboutIDOT - E. 4th Street RR Crossing Repair-4/24/20170[IOWA MN Rom) 291300 (04-16) Office of Rall Transportallon 000 Lincoln Way, Ames, IA 60010 Railroad Crossing )Location Information County: 13laelchawlc Location: State 4 Aki Ureide Crr©s1 6ki j Surrfact Respah. Fund FORA) Account " gN'Qt�i1711©it L' R man Label far Agreemord 2 (Agreement for BMW, UP, ®ME, (CF ANf3IC) CIC, CC, CUR, IAIS) Nevada Street FRA No: 307117K City of Waterloo Street Name City Name 307117K45 Project Number Contact Information Highway Authority Contact: Jeff Bales Office Phone No: (319) 291-4312 Email Address: ieff.bales@waterloo-ia.org Railroad Company Contact: IFlarlan Arians Office Phone No: (319) 236-9205 Email Address: ariansQcn,ca Iowa DOT Program Manager; ISristopher Klop Office Phone No: 515-239-1108 Email Address: ICristopher.Klop@dot,iowa,gov Iowa DOT Project Inspector: Travis Ti liken Office Phone No: 515-290-5055 Email Address: Travis,Tiaken@dotiowa.gov Page 1 of 9 Rr3 PRA No: 307117K 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 Nevada Street in Waterloo, Iowa, and further agree as follows. SECTION I. Work Statement and�'erformance. 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. 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: htta://www.iowadot,aov/iowaraiUpols/tJP- BNSP/o2Oroad xings%20Std.ndf If the COMPANY chooses to utilize contract company forces to perforin 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 FIIO}IWAY .AUTHORITY shall approve the bid prior to the contract 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, Page2of9 Rr3 FRA, No: j07117I( The HIGHWAY AUTHORITY will be responsible to have existing sidewalk(s) and/or recreational trails) 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 wanting is to be installed 12'-15' from the edge of the nearest rail, and the sidewalk is a minimuin width of S'. 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 AUTI IOR1TY 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 sidewallc(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 sidewallc 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 HICIIIWAY 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(s) should be included with the HIGHWAY AUTHORITY's billing. The COMPANY will reimburse the HIOIIWAY 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 talks) 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 final 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 "13" 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 1DEPART1V1ENT is the CONf'ANY'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 3ofO Rr3 FRA No., 307117K DEPARTMENT signing the agreement are not reimbursable under this Agreement. Cost incurred more than 18 months atter the DEPARTMENT signs this agreement will not be reimbursed unless the COMPANY has requested in waiting, 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. Banc 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 VL Paojgct ComRletion. After the COMPANY has completed the required work, the COMPANY shall so notify the DEPARTMENT and the HIGFIVVAV AUTHORITY hi 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 has been completed in accordance with the terms of this Agreement or Amendments thereto. Pavement markings and stop lines shall bo placed by the HIGHWAY AUTHORITY as required by Pari 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. lithe 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 construction of r•unarounds will not bo eligible project reimbursable costs. Page 4 of Rr3 FRA No: 307117K 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 Fuld 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 "8", 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. 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 final and complete, itemized, electronic billing, Final bill shall include a detailed sumrnary of all incurred costs, SECTION XI. FkaillaymeaLThe DEPARTMENT, upon receipt of the final bill and Certificate of Completion and Acceptance form, shall review, and forward the final bill to the DEPARTMENT'S Office of Audits for final audit. Reimbursement to the COMPANY shall be governed by the DEPARTMENT'S Certification of Audit. The DEPARTMENT shall make payment to the COMPANY equal to 60 percent (60%) of the final reimbursable amount, less previous payment, The COMPANY shall promptly reimburse the DEPARTMENT in the amount of any overpayments, The HIGHWAY AUTHORITY shall make payment equal to 20 percent (20%) of the COMPANY final billing or the estimated cost noted on Exhibit "B" of the agreement, less previous payment, within 30 days of its receipt of the COMPANY final billing. in the event of overpayment by the HIGHWAY AUTHORITY as determined by the DEPARTMENT audit of COMPANY records, the COMPANY shall pay the HIGHWAY AUTHORITY the amount of overpayment within 30 days of its receipt of the DEPARTMENT final audit. SECTION XII. Maintenance and Abandonment. Upon completion of the project, the COMPANY shall maintain the crossing surface to provide a safe and sufficient crossing for vehicular travel. If the track is removed from both sides of the crossing, the COMPANY shall remove the surface material, rail and cross ties from the crossing and shall restore the roadway void to the satisfaction of the HIGHWAY AUTHORITY, all at COMPANY expense. If the existing traffic control devices at a multiple -track highway -rail grade crossing become improperly placed or inaccurate because of removal of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices, Part 8, . Future maintenance of the sidewalk(s) and detectable warning device will not be the responsibility of the COMPANY. SECTION XIII. Standard Title VI Assurances. The COMPANY shall comply with all applicable 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 5 of 9 i Rr3 FRA No: 307117K 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 from the DEPARTMENT. SECTION XIV. $uccessor and Assigns. This agreement shall be binding upon all successors or assigns. The COMPANY shall provide written notice to the I3IGHWAY 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 and the DEPARTMENT specified on the cover page of this Agreement. SECTION XVI. rg�ation 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 Pae Heade in the project work described in Exhibit "A", the DEPARTMENT will furrnish 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: L 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. lithe 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 instrument. 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 6ono Rr3 FRA. No: 307117K 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 OMPANY By: r•-• Na e Executed by HIGHWAAUTHO TY By: �/ w Name Execute the DEPARTMENT Stuart Andra . n, Director Dale Office of Rall Transportation By: 95 i 97it4f 71://y57— Date 'jDate Date Page 7 of 8 41, Iowa DepartmentoPTransportatIon form 010010 (04.11) EXHIBIT "A" WORK STATEMENT llowa Grade Crossing Surface Repair Fund and 'Federal -Aid Rail/Highway Crossing Surface Repair County Black Hawk Meeting Date: 10/27/2015 FRA No.: 307117IC Highway Authority City of Waterloo RR Company: CN Location: Nevada Street Street Name Waterloo City Name 1, Crossing(s) Reconstructed A. COMPANY will reconstruct 1 crossings of 75 total feet that include 60 feet of Rubber surface material through tate traveled roadway and 15 feet of Rubber surface material *Iliough the shoulder or sidewalk area. As a run innun, 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) 0 A highway runaround will be constructed to permit two-lane traffic during repair. IZ 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 nutarounds. A. The COMPANY shall advise the HIGHWAY AUTI[ORITY Contact Person: 1). A minimum of sixty (60) days hi advance of tho upproxhnate 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:) [l Tracks will be constructed to meet existing road grade. D Roadway will be reconstructed to meet a proposed new track grade (roadway work is not covered by Mis Agreement) EJ Tracks will be elevated 4 inches above the adjacent roadway requiring a taper (complete item 4A and 4B) In any event, tate 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 4 foot taper on the North side of the crossing and a 50 foot taper on the South side of the crossing, requires 25 of 11MA material (estimated). Taper length should not exceed 25 feet for each inch of track raise. This work will be completed by (mark with an .70: O IIIGHWAY AUTHORITY forces 123 HIGHWAY AUTHORITY'S contractor FRA No.: 30/117KK B, Track Opening in the Roadway (markwith an 10 ® Existing track opening will be maintained. El Track opening of 20 feet will be required involving the following described roadway modifications. 25 Est. .HMA tonnage This work will be completed by (mark with an X): El COMPANY fomes © HIGHWAY AUTHORITY forces [] COMPANY contractor ® 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) [ J N13 16 (feet) jJ SE 16 (feet) 0 NE 0e0 0 SE (feet) ® NW (fess) ® SW (feet) NW (feel) CJ SE (feet) Recreational trail footnge will be doubled beuause we use the sidewalk 5' width cost for rehnbtusement. This work will be completed by (mark with an X). 0 HIGHWAY AUTHORITY forces [tj HIGHWAY AUTHOITY' 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 (anis). This work will be completed by (mark with an X). ® COMPANY forces 0 HIGHWAY AUTHORITY forces fl HIGHWAY AUTHORITY's contractor El COMPANY'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 snake drainage. HMA U/L will be reviewed at time ofproject. If this crossing is found to not have an underlayment per RR it will he required for the project due to the drainage issues and the dynamics of train operations threw this area. Has had a history of track settlement due to poor aubtrade, 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 fi•om the railroad surface material. City will review prior to project to schedule any manhole repairs prior to overlay. With the proposed track raise the manholes will need to be raised rougly 3" or covered with the overlay. The track raise is required to match the track to the north that has already been done by the RR. This project will only be doing (1) of the (2) hada at this location, 9. Attendees The following attendees agree on all items of this work statement, This work statement will be included as part of the executed agreement. Railroad Representative: Highway Authority Representative: Harlan Arians Jeff Bales Nance Nnino State Project Manager: Additional Attendees: Travis Tinker 515-239-1876 (office phone) 515-290-5055 (cell phone)