HomeMy WebLinkAboutIowa Department of Transportation-Grade Crossing Surface Repair Force Account Agreement(Conger St.)-03.12.2007 3 /C 'O7
A18137
{ STATE OF IOWA
FEDERAL - AID
GRADE CROSSING SURFACE REPAIR
FORCE ACCOUNT AGREEMENT
for the construction of surface improvements
at the railroad crossing located
on Company's track and for reimbursement
under 23 USC Section 130
County: Black Hawk FRA No: 307-869-J
Road: Conger Street Project No.: RRP-SF00(58)-8A-07
DIRECT ALL COMMUNICATIONS REGARDING THIS PROJECT TO:
HIGHWAY AUTHORITY Contact Person: Jeff Bales
Address: 715 Mulberry Street,Waterloo, IA 50703-5783
Office Telephone No.: 319/291-4323
Railroad COMPANY Contact Person: Greg Bastian
Address: Chicago, Central&Pacific Railroad, 1006 East Fourth Street, Waterloo, IA 50703
Office Telephone No.: 319/236-9205
State Contact Person: Mary Jo Key, Program Manager—Telephone No. 515-239-1108
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 all three (3) fully executed Agreements to Modal
Division, Office of Rail Transportation, for each crossing project. Exhibit "A"- Work Statement is to be
attached. Prepare a cost estimate for each crossing and attach to the Agreement labeled as Exhibit B.
(Revised 12/12/06)
1
STATE OF IOWA
FEDERAL-AID
GRADE CROSSING SURFACE REPAIR
AGREEMENT
THIS AGREEMENT, is between Waterloo, Iowa, hereinafter referred to as the Highway Authority,
and Chicago, Central &Pacific Railroad., hereinafter referred to as the Company, and Iowa Department of
Transportation, hereinafter referred to as the Department.
The Highway Authority and the Company agree to repair the at-grade crossing located at Conger
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 and roadway approach
modifications. 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.
SECTION H. Cost Estimate. The estimated cost of the project work is itemized on Exhibit"B"
attached hereto, and made part of this Agreement.
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 the 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
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
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comjlete 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 so notify the Department and the Highway Authority in writing. 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 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, Department, and the Highway Authority shall
sign a Certificate of Completion and Acceptance form.
SECTION VII. Reimbursable Costs. The COMPANY will keep an accurate and detailed account of
actual and necessary reimbursable costs incurred under this Agreement. The cost of labor, material, all
associated additives and subcontracted work costs are reimbursable, and shall be billed on a force account
basis in accord with Title 23 Code of Federal Regulations, Part 140, Subpart I. The cost of 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 shall pay twenty percent
(20%)of the reimbursable costs defined in SECTION VII for work described in Exhibit "A". It is
understood the Department will use Federal-Aid 23 USC 130 funds 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
"B", 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.
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SECTION X. Final Billing. Upon completion of the project the Company shall submit an accurate
final and complete itemized billing in three (3) counterparts. Final bill shall include a 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 Iowa Department of
Transportation's Office of Audits for final audit. Reimbursement to the Company shall be governed by the
DEPARTMENT's CERTIFICATE OF AUDIT for each project location. 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 and 20 percent, respectively, of the final
reimbursable amount, less previous payment. The Company shall promptly reimburse the Department and
Highway Authority 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 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.
SECTION XIII. Standard Title VI Assurances. The COMPANY shall comply with all applicable
Department and Federal laws, rules (including the administrative rules adopted by the Department for the
IPPP Program— 761 Iowa Administrative Code, chapter 201), ordinances, regulations, and orders. The
COMPANY, and all agents of the COMPANY that participate in the project, shall also comply with Title VI
of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements
imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21 —to the end that no person in the United States shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity receiving financial assistance from 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
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. 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
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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 nonappropriation of federal 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 federal funds. 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 noncancellable 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.
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&Pacific Railroad
7 day of/ rZ 4 / , 200 7 By /61.1--t-
Name and Title
Director of Contracts&Administration
Executed by the HIGHWAY AUTHORITY this City of Waterloo, Iowa
I a day of rha rc,)'1 , 2000 7 By
Name and title
1-i'm 8utit11 rhayo(
Executed by the DEPARTMENT this STATE OF IOWA
Iowa Department of Transportation
day of , 200
By
lAPPROVGP AS TO Peggy Baer, Director
Office of Rail Transportation
Wi tnrIs. PManatement ___._.—.--..--4-----.._.
Atx' elfin -___- ........._.,,,._.__------------------
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EXELJTioN
• Form 040016
2-03
(tiowa Department of Transportation
EXHIBIT "A"—WORK STATEMENT
Iowa Grade Crossing Surface Repair Fund and Federal-Aid Rail/Highway
Crossing Surface Repair
County: Black Hawk Meeting Date: 3-14-06
FRA No: 307-869 J Highway Authority: Waterloo
State Crossing No: 12450 RR Company: CC
Location: Conger
1. Crossing(s)Reconstructed
A. COMPANY will reconstruct 1 crossings of 85 total feet that includes 65 feet of star track surface
material through the traveled roadway and 20 feet of star track 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.
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 barricades, signing, detours, detour damage,
and runarounds.
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 advise the STA 1'h PROJET INSPECTOR fourteen(14) days in advance
of the actual starting date.
3. Track Elevation Relative to Existing Road Pavements(mark with an X)
I Tracks will be constructed to meet existing road grade.
(l Roadway will be reconstructed to meet a proposed new track grade(roadway work is not covered
by this Agreement.)
® Tracks will be elevated 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 50 foot taper on the west side of the crossing and a 50 foot taper on the east side of the
crossing, requires 50 tons of asphalt material(estimated). Taper length should not exceed 25 feet
for each inch of track raise.
This work will be completed by(mark with an X)
II COMPANY forces Z COMPANY's contractor
HIGHWAY AUTHORITY forces n HIGHWAY AUTHORITY's contractor
FRA No. 307-869 J
B. Track Crossing Opening in the Roadway(mark with an X)
0 Existing track opening will be maintained.
►1 Track opening of 20-25 feet will be required involving the following described roadway
modifications. saw cut so as to remove headers back fill with asphalt in three lifts to get
good density
This work will be completed by(mark with an X).
n C• OMPANY forces COMPANY's contractor
n H• IGHWAY AUTHORITY forces n HIGHWAY AUTHORITY's contractor
5. Existing Sidewalk(s)Within Scope of Project
A. Approximately 5 feet of existing sidewalk will be replaced along the west side of the tracks and 5
feet along the east side of the tracks. 1/2 vd
B. This work will be completed by(mark with anX).
n COMPANY forces ® COMPANY's contractor
❑ HIGHWAY AUTHORITY forces 0 HIGHWAY AUTHORITY's contractor
6. Crossing(s)Permanently Retired and Removed
A. COMPANY will retire and remove N/A crossing(s).
B. Voids in pavement will be filled with material requiring (units).
This work will be completed by(mark with an X).
0 C• OMPANY forces 0 COMPANY's contractor
0 HIGHWAY AUTHORITY forces ❑ 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 to get good surface drainage.
City will look at working on side walk over intake in north west
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 place one(1)foot from the railroad surface material. maintain positive dranage , Asphalt
under layment will use 100tons asphalt
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.
Greg Bastian Jeff Bales
Railroad Representative Highway Authority Representative
4
or5, j
Signature Signatur�
State Project Inspector—Ernest R Corbin Additional Attendees:
Office No. 515-239-1055
Cell No. 515 290-2784
Signature
Copy of Exhibit"A"will be given to the Hwy Authority,RR company and the State at the crossing site. Revised 03/02/05
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Install 85-ft.Startrack II Concrete Crossing Surface Southern Region
cN
Technical Services
Homewood, IL
Estimate: Install 85-ft.Startrack II Concrete Crossing Surface
Location: Conner St..Waterloo,IA, FRA#307-869J
Company Name: Chicago Central&Pacific R. R.
Subdivision Name: Waterloo Date created: December 6,2006
Mile Post: 0.76 on John Deere Lead Date revised: January 16,2007
State IA Status: x
Network#
Description UM QTY PRICE TOTAL 1
- - -- ,,.. ., ' ,. GAN SIZE Days MD
Unload/Distribute Material 5 1 5 $221 $1,105
Construct Track 5 1 5 $221 $1,105
Install Turnouts 5 0 0 $221 $0
Destress Track 5 0 0 $221 $0
Surfacing 3 0 0 $227 $0
Welding 2
2 4 $226 $904
Flagging 1 0 0 $211 $0
Install Crossings 5 3 15 $221 $3,315
B&S Labor 0 0 0 $220 $0
S&C Labor 1 0 0 $277 $0
Open Line 0 0 0 $221 $0
Open Line 0 0 0
$221 $0
Open Line 0 0 0 $221 $0
Open Line 0 0 0 $221 $0
Open Line
0 $221 $0
'TOTAL DIRECT A&R _ � 1
Description UM QTY PRICE TOTAL I
MATERIAL j
Rail New
Rail PW $4,131
$0
Field Welding
Spikes $366
$67
Anchors $100
Tie Plates
Minor OTM $724
$2,932
Major OTM $0
Turnouts $0
Track Ties
$0
Switch Ties $1,386
Ballast $893
Crossing Materials $56,242
Structures Material $0
S&C Material $0
Open Line $0
Open Line $0
Open Line $0
Open Line $0
Open Line $0
(TOTAL DIRECT MATERIAL $66,841 I
Description UM QTY PRICE TOTAL I
Per Diem (Mandays) SUM 29 $68.50 $1,987
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
Utilities SUM 0 $0 $0
Welding-Contractor EA 0 $350 $0
1 of 3
operations special Capital Project Estimate
Install 85-ft.Startrack II Concrete Crossing Surface Southern Region
EI\J Technical Services
Homewood, IL
Rental Equipment SUM 1 $7,500 $7,500
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
Open Line SUM 0 $0 $0
Open Line • 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 $10,071 $10,071
UM QTY PRICE TOTAL
'
Labor Surcharges $6,429 120.39% $7,740
Material Surcharges $66,841 5.00% $3,342
Accounting&Equipment Additive $76,328 9.00% $6,869
DONATION Amount TOTAL
Recoverable Donation to CN 0.00 0.00
(TOTAL DONATION 0.00 I
TOTAL PROJECT COST $110,779
LLai A T E R I A L FORECAST FOF Install 85-ft Startrack II Concrete Crc Waterloo 0.76 on John Deere Lead
!Material Description State Tax I UM 1 QTY t Unit Price Total
NEW 115# 5.00% LF 270 ' 14.57 $4,131
THERMITE KIT 115# 5.00% EA 4 58.00 $244
THERMITE KIT 90# 5.00% EA 2 58.00 $122
SPIKE TRACK 5/8'X 6",50 lb Keg 5.00% CN 3 21.28 $67
'RAIL ANCHOR 115 5.00% EA 92 1.04 $100
PLATE TIE PANDROL 7-3/4X 15"-5-1/2115# 5.00% EA 48 9.07 $457
Galvanized e-dip for Pandrol Tie Plate 5.00% EA 96 2.65 $267
Ss5 SCREW TIE HEAT TREATED,38 per can 5.00% CN 6 47.45 $299
'TRACK BOLT wdodtnut 115# 5.00% EA 24 1.85 $47
TRACK WASHER 100/115# 5.00% EA 24 0.37 $9
;ANGLE BARS 5.00% EA 12 4.50 $57
TAPERED RAIL RH 115#-90#25' 5.00% EA 1 1,200.00 $1,260
TAPERED RAIL LH 115#-90#25' 5.00% EA 1 1,200.00 $1,260
SWITCH TIE-9'HW 5.00% EA 8 55.00 $462
SWITCH TIE-10'HW 5.00% EA 8 55.00 $462
SWITCH TIE-11'HW 5.00% EA 8 55.00 $462
BALLAST YARD 5.00% TON 100 8.50 $893
CONCRETE CROSSING MATERIAL(Per Quote) 5.00% TF 85 260.00 $23,205
BLACKTOP 5.00% TON 150 170.00 $26,775
RUBBER FLANGEWAY FILLER 5.00% EA 85 70.00 $6,248
2 of 3
Operations Special Capital Project Estimate
Install 85-ft.Startrack II Concrete Crossing Surface Southern Region
0\J Technical Services
Homewood, IL
STATE COST SUMMARY
Estimate: Install 85-ft.Startrack II Concrete Crossing Surface
Location: Conger St.,Waterloo, IA, FRA#307-869J
Company Name: Chicago Central & Pacific R. R.
Subdivision Name: Waterloo
Mlle Post: 0.76 on John Deere Lead
January 16,2007'
LABOR $14,169
MATERIAL $70,183
OTHER $19,557
PROJECT TOTAL $103,909
STATE SHARE(60%): $62,346
ROAD AUTHORITY SHARE(20%): $20,782
CCP SHARE(20%): $20,782
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