HomeMy WebLinkAboutIowa Highway Authority-Grade Crossing Surface Repair Agreement-02.23.2009 3--"cl A18379
STATE OF IOWA I�o '?L'• Zoo'
GRADE CROSSING SURFACE REPAIR FUND
FORCE ACCOUNT AGREEMENT
At the railroad crossing located
County: Black Hawk
Road: Maynard Avenue, Waterloo, IA FRA No.: 307-900-T
DIRECT ALL COMMUNICATIONS REGARDING THIS PROJECT TO:
HIGHWAY AUTHORITY Contact Person: Tim Hurley,Mayor
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 1/1/95 (Revised 04/29/08)
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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 Maynard Avenue, 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.
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SECTION III. Work Start and Completion. The COMPANY shall begin the construction of
the project as soon as possible after the date the DEPARTMENT signs this agreement, and shall
complete the project within 18 months. Costs incurred prior to DEPARTMENT signing this
agreement are not reimbursable under this Agreement. Cost incurred more than 18 months after the
DEPARTMENT signs this agreement will not be reimbursed unless the COMPANY has requested
in writing, prior to expiration of the agreement, and received from'the DEPARTMENT a written
extension of time for completion. The DEPARTMENT shall have complete discretion, and be the
sole authority to grant or deny extensions. Costs incurred for work following the extension time will
not be reimbursed.
SECTION IV. Traffic Control. The roadway will be closed during repair. Exhibit"A"
describes specific closure conditions. The HIGHWAY AUTHORITY is responsible for the
establishment and payment for traffic control(i.e. barricades, signing, detours, detour damage, and
runarounds). The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1) a
minimum of 60 days in advance of the approximate starting date to allow the HIGHWAY
AUTHORITY to implement the detour; and 2) 14 days in advance of the actual starting date to allow
the HIGHWAY AUTHORITY adequate time to provide and install appropriate signs on the detour.
SECTION V. Work Notification. The COMPANY shall notify the DEPARTMENT and the
HIGHWAY AUTHORITY'S Contact Person no later than 14 days prior to the start of its work at
the crossing. The HIGHWAY AUTHORITY shall be given ample opportunity to document the
materials, equipment, and labor required to complete the project. The DEPARTMENT and
HIGHWAY AUTHORITY shall have the right to inspect the project work at any time. The
HIGHWAY AUTHORITY shall perform on-site inspection of the project work each day.
SECTION VI. Project Completion. After the COMPANY has completed the required work,
the COMPANY shall notify the DEPARTMENT and the HIGHWAY AUTHORITY in
writing. The DEPARTMENT shall arrange an inspection with the HIGHWAY AUTHORITY and
the COMPANY to determine whether the project work has been completed in accordance with the
terms of this Agreement or Amendments thereto. Pavement markings 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
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existing sidewalk(s) and/or recreational trail(s), and subcontracted work costs shall be included in
the Company billing. The cost of labor,material, all associated additives and subcontracted work
costs are reimbursable, and shall be billed on a force account basis in accord with Title 23 Code of
Federal Regulations, Part 140, Subpart I. The cost of COMPANY equipment, equipment rental,
accounting, accounting additives and bill reproduction are reimbursable,but shall not be included
directly in the force account billing. Those costs shall be billed as an additive amount equal to nine
(9) percent of the total force account billed less final audit exceptions. The cost of preliminary
project engineering, construction inspection, track inspection, relocation of existing signals, signal
wires,and switches, or the construction of runarounds will not be eligible project reimbursable costs.
SECTION VIII. Cost Sharing. The HIGHWAY AUTHORITY and COMPANY each agree
to incur a cost equal to twenty percent(20%) of the reimbursable costs defined in SECTION VII for
work described in Exhibit"A". The DEPARTMENT agrees the Grade Crossing Surface Repair
Fund shall be used to pay the remaining 60 percent (60%) of 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 notify the
HIGHWAY AUTHORITY of the reimbursable amount after final audit. The DEPARTMENT and
HIGHWAY AUTHORITY shall make payment to the COMPANY equal to 60 percent (60%) and
20 percent (20%), respectively, of the final reimbursable amount, less previous payment. The
COMPANY shall promptly reimburse the DEPARTMENT and HIGHWAY AUTHORITY in the
amount of any overpayments.
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
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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 of, or be otherwise subjected to discrimination
under any program or activity receiving financial assistance from the DEPARTMENT.
SECTION XVI. Successor and Assigns. This agreement shall be binding upon all
successors or assigns. The COMPANY shall provide written notice to the HIGHWAY
AUTHORITY and the DEPARTMENT of any assignment of this Agreement.
SECTION XV. Project Contact Persons. All notices and communications essential to
complete the work required by this Agreement shall be made to the Contact Persons specified on the
cover page of this Agreement.
SECTION XVI. Integration and Amendment. This Agreement and its Exhibits constitute
the entire Agreement between the DEPARTMENT, the COMPANY, and the HIGHWAY
AUTHORITY concerning this project. If the DEPARTMENT determines a substantial change is
to be made in the project work described in Exhibit "A",the DEPARTMENT will furnish the
written approval of the change.
SECTION XVII. Termination for Convenience. In the event of non-appropriation of funds,
this Agreement may be terminated in whole, or in part,when the DEPARTMENT, HIGHWAY
AUTHORITY, and the COMPANY agree that the continuation of the Project would not produce
beneficial results commensurate with the future disbursement of funding. The DEPARTMENT,
HIGHWAY AUTHORITY, and COMPANY shall agree upon the termination conditions. The
COMPANY shall not incur new obligations after the effective date of the termination and shall
cancel as many outstanding obligations as reasonably possible. The DEPARTMENT will allow full
credit to the COMPANY for the DEPARTMENT share of the non-cancelable obligations allowable
under the Agreement and properly incurred by the COMPANY prior to termination.
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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
2/9 day of a.—C?in2 Gam. 200 47 By: /ccd—LA-C___
Name and Title
Region Director of Contracts&f,dministratic.
Executed by the HIGHWAY AUTHORITY this City of Waterloo, Iowa
a 3r)day of le-6rKc,ry 200 9 By:
Name and Title T' I-I k r k-ey, Wuty b
Executed by the DEPARTMENT this Iowa Department of Transportation
day of ,200 By:
Tamara Nicholson, P.E., Director
Office of Rail Transportation
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Fonn 040016
8-07
town Department of Transportation
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EXHIBIT"A"—WORK STATEMENT
Iowa Grade Crossing Surface Repair Fund and Federal-Aid Rail/Highway
Crossing Surface Repair
County: Black Hawk Meeting Date: 10/28/08
FRA No: 307900T Highway Authority: Waterloo
State Crossing No: 12899 RR Company: CN
Location: Maynard Street
1. Crossing(s)Reconstructed
A. COMPANY will reconstruct 1 crossings of 36 total feet that include 31 feet of Rubber surface
material through the traveled roadway and 5 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)
❑ A highway runaround will be constructed to permit two-lane traffic during repair.
® The highway will be closed for 5 days during repair.
NOTE:The HIGHWAY AUTHORITY is responsible for placement and cost of barricades, signing,
detours,detour damage, and runarounds.
A. The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person:
1) A minimum of sixty(60)days in advance of the approximate starting date to allow the
HIGHWAY AUTHORITY to implement the detour.
2) Fourteen(14)days in advance of the actual starting date to allow the HIGHWAY
AUTHORITY adequate time to provide and install appropriate signs on the detour.
The COMPANY shall also advise the STA 1'E PROJET INSPECTOR fourteen(14)days in
advance of the actual starting date.
3. Track Elevation Relative to Existing Road Pavements(mark with an X)
n 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.)
El Tracks will be elevated 0-1 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
A. Taper Length(estimated)
A 9 foot taper on the East side of the crossing and a 13 foot taper on the West side of the
crossing, requires 55 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)
fl COMPANY forces ❑ HIGHWAY AUTHORITY forces
COMPANY'S contractor HIGHWAY AUTHORITY'S contractor
FRA No. 307900T
B. Track Opening in the Roadway(mark with an X)
n Existing track opening will be maintained.
® Track opening of 20 feet will be required involving the following described roadway
modifications. Figured with approach wedge.Est. HMA tonnage
This work will be completed by(mark with an X).
n COMPANY forces n HIGHWAY AUTHORITY forces
® COMPANY'S contractor r HIGHWAY AUTHORITY'S contractor
5. Existing Sidewalk(s)and/or Recreational Trail replacement by HIGHWAY AUTHORITY.
The quadrants requiring upgrades to meet ADA requirements(mark with an X).
Sidewalk( 5' width required) *Rec' Trail( 10' width)
❑ NE (feet). ESE (feet). [ NE (feet). ESE (feet).
❑ NW (feet). ®SW 14(feet). [ NW (feet). nSW (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).
® COMPANY forces n HIGHWAY AUTHORITY forces
COMPANY'S contractor ❑ HIGHWAY AUTHORITY'S contractor
6. Crossing(s)Permanently Retired and Removed
A. COMPANY will retire and remove crossing(s).
B. Voids in pavement will be filled with material requiring (units).
This work will be completed by(mark with an X).
( COMPANY forces n HIGHWAY AUTHORITY forces
n COMPANY'S contractor n HIGHWAY AUTHORITY'S contractor
7. Drainage(mark with an X)
A. _ Present drainage is adequate.
B. n Drainage work required. Specify work to include materials and outlet.
C. ® Clean all four(4) quadrants for good surface drainage.
8. Additional Construction and Traffic Control Conditions; 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 Eric Thorson
Railro.3 Representative Highway Authority Representative
Signature ignature
State Project Manager-Travis Tinken Additional Attendees:
Office No. 515-239-1876 Louie Bouchard
Cell No_ 515-290-5055
Copy of Exhibit"A"will be given to the Hwy Authority,RR company and the State at the crossing site. Revised 08/29/07
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Exhibit B
New Full Depth Rubber Crossing, Maynard Ave Southern Region
CNN Technical Services
Homewood, IL
Estimate: New Full Depth Rubber Crossing, Maynard Ave
Location: Waterloo
Company Name: Chicago,Central&Pacific Railroad Co.
Subdivision Name: Waterloo Date created: December 13,2008
Mile Post: 277.7 Date revised: December 13,2008
State IA Status: x
DOT# 307 900T
Description UM QTY PRICE TOTAL
LABOR GANG SIZE Days MD
Unload/Distribute Material 5 1 5 $217 $1,085
Construct Track 5 1 5 $217 $1,085
Install Turnouts 5 0 0 $217 $0
Destress Track 5 0 0 $217 $0
Surfacing 3 2 6 $229 $1,374
Welding 2 2 4 $221 $884
Flagging 1 0 0 $217 $0
Install Crossings 5 2 10 $217 $2,170
B&S Labor 0 0 0 $217 $0
S&C Labor 1 2 2 $268 $536
Open Line 2 0 0 $217 $0
Open Line 0 0 0 $0 $0
Open Line 0 0 0 $0 $0
Open Line 0 0 0 $0 $0
Open Line 0 0 0 $0 $0
ITOTAL DIRECT LABOR $7,134 I
Description UM QTY PRICE TOTAL I
MATERIAL J
Rail New
$2,688
Rail PW $0
Field Welding $365
Spikes
Anchors $132
Tie Plates $243
$743
Minor OTM $3,360
Major OTM $0
Turnouts $0
Track Ties $617
Switch Ties
Ballast $3,358
$714
Crossing Materials $15,330
Structures Material $0
S&C Material $0
Open Line $0
Open Line
Open Line $0
$0
Open Line $0
Open Line $0
(TOTAL DIRECT MATERIAL $27,550 I
Description UM QTY PRICE TOTAL I
OTHER
Per Diem (Mandays) SUM 32 $72.00 $2,304
Permitting SUM 0 $0 $0
Engineering Consulting/Design SUM 0 $0 $0
Grading SUM 0
$0 $0
Flagging-Contractor(Mandays) SUM 0 $840 $0
Land Purchase/Real Estate Fees SUM 0 $0 $0
Track Construction TF 0 $30 $0
Welding-Contractor EA 0 $600 $0
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Exhibit B
New Full Depth Rubber Crossing, Maynard Ave Southern Region
CN Technical Services
Homewood, IL
Paving-Contractor SUM 1 $2,500 $2,500
B&S Contracts Other SUM 0 $0 $0
Culverts SUM 0
$0 $0
Sheet Piling SUM 0 $0 $0
S&C Contracts Other SUM 0 $0 $0
Directional Boring SUM 0 $0 $0
Fiber Optic SUM 0 $0 $0
Utilities-Electrical/Gas SUM 0 $0 $0
Shipping SUM 0 $0 $0
Open Line SUM 0 $0 $0
Open Line SUM 0 $0
$0
Open Line SUM 0 $0 $0
Contingency SUM 1 $5,301 $5,301
IT 1 ,Q1 i . ~.., ,
UM QTY PRICE TOTAL I
Labor Surcharges $7,134 120.39%
$8,589 Surcharges $27,550 5.00% $1,378
1,378
Accounting&Equipment Additive $39,488 9.00% $3,554
TOTAL PROJECT COST $58,309
MATERIAL FORECAST FOF307900T Waterloo 277.70
Material Description State Tax UM QTY Unit Price Total
NEW 115# 5.00% LF 160 16.00 $2,688
THERMITE KIT 115# 5.00% EA 6 58.00 $365
SPIKE TRACK 5/8'X 6",50 lb Keg 5.00% CN 6 22.72 $132
RAIL ANCHOR 115 5.00% EA 212 1.09 $243
PLATE TIE PANDROL 7-3/4X 15"-5-1/2 115# 5.00% "' EA 78 9.07 $743
NEW 115#FHH-GLUED JOINT 19'6" 5.00% EA 4 800.00 $3,360
TRACK 7"X 9"X 8'6" HWD#1 5.00% EA 14 42.00 $617
SWITCH TIE-10'HW 5.00% EA 39 82.00 $3,358
BALLAST ROAD 5.00% TON 80 8.50 $714
RUBBER CROSSING MATERIAL(Per Quote) 5.00% TF 36 385.00 $14,553
DRAIN PIPE 5.00% FT 86 8.45 $763
45 degree Elbow for 6"PVC Perforated Pipe 5.00% EA 2 6.50 $14
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Exhibit B
New Full Depth Rubber Crossing, Maynard Ave Southern Region
Cir\i Technical Services
Homewood, IL
STATE COST SUMMARY
Estimate: New Full Depth Rubber Crossing, Maynard Ave
Location: Waterloo
Company Name: Chicago, Central & Pacific Railroad Co.
Subdivision Name: Waterloo
Mile Post: 277.7
DOT# 307 900T
December 13, 2008
LABOR $15,723
MATERIAL $28,928
OTHER $13,659
PROJECT TOTAL $58,309
State Cost (60%): $34,985
Highway Authority Cost (20%): $11,662
Railroad Cost (20%): $11,662
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