HomeMy WebLinkAbout2010-11-23; Municipal Water District; 20402; AGREEMENT AMTRAK DOUBLE TRACKING PROJECTCITY OF CARLSBAD
CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
AB# 20,402
MTG. 11/23/10
DEPT. UTIL
APPROVAL OF REIMBURSEMENT AGREEMENT
DCTAA/CCKI AMTDAlf AMH TUC OITV f~\C f^ADI CDAI~\DC 1 VvttlN AM 1 KAt\ AND 1 Mb wl 1 Y Ur UAKLoBAU
AND APPROPRIATION OF FUNDS FOR PROTECTING
CITY UTILITIES AS PART OF THE AMTRAK DOUBLE
TRACKING PROJECT, PROJECT NO. 5516
DEPT. DIRECTOR /^/^
CITY ATTORNEY *~$f(^
CITY MANAGER ^/
RECOMMENDED ACTION:
City Council of the City of Carlsbad Adopt Resolution No. 2010-256 approving the
reimbursement agreement between Amtrak and the City of Carlsbad and appropriation of funds for
protecting city utilities as part of the Amtrak Double Tracking Project.
Board of Directors of the Carlsbad Municipal Water District (CMWD) Adopt Resolution
No. 1405 approving the reimbursement of funds to the City for protecting CMWD utilities
as part of the Amtrak Double Tracking Project.
ITEM EXPLANATION:
Amtrak contracted with Patterson & Associates to prepare plans and specifications for the Carlsbad
Double Track Project, which will construct an additional track on the east side of the existing track
from milepost (MP) 229.4 to 231.8 (just south of Carlsbad Village Drive to just south of Cannon Road).
Amtrak is funding the Double Tracking project and has received construction bids and awarded the
contract to Kiewit Western Company.
The City and CMWD have several utilities that cross North County Transit District (NCTD) right of
way. The sewer and water lines need to be protected in place from the large loading of trains on the
second track. As part of the utility license agreements with NCTD, the City and CMWD are
responsible for the maintenance of their utilities during current and future track configurations on
NCTD property. The Kiewit Western Company construction contract includes the installation of
protective improvements for the Carlsbad utilities.
The City and Amtrak have prepared a reimbursement agreement (Agreement) for the Double
Tracking project. As part of the Agreement, the City will reimburse Amtrak for installing split steel
casings, concrete casing, including mobilization and demobilization (Utility Work) costs along with
general and administrative (G&A) costs equal to 7.16% of the construction costs. CMWD will
reimburse the City for costs related to protection of water utilities.
DEPARTMENT CONTACT: Mark Biskup (760) 602-2763. mark.biskup @carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA) per state CEQA
Guidelines Section 15275(b) - the institution of passenger or commuter service on rail lines already in
use. Furthermore, the project was identified in a Program EIR that was certified September 2007 for
rail corridor improvements.
FISCAL IMPACT:
The City appropriated $80,000 from the Water Replacement Fund and $120,000 from the Sewer
Replacement Fund for this project in the Fiscal Year 2010 - 2011 Capital Improvement Program
based on a preliminary estimate for construction costs. The awarded construction contract for Utility
Work costs is $228,093 as provided in Bid Schedule Section C, attached herein as Exhibit 4. Funding
sources and project costs for the water and sewer utilities are shown on Table 1 below.
TABLE 1
PROJECT COST SUMMARY
Water Utility Project Costs
(CMWD)
Engineering, Construction Managements Inspection Staff Overhead
Reimbursement to Amtrak for Construction Related Costs
Construction (City's Utility Work)
Construction Contingency (15%)
Amtrak's General and Administrative Costs (7.16%)
PROJECT COST
CURRENT APPROPRIATION (WATER REPLACEMENT FUND)
ADDITIONAL APPROPRIATION
Sewer Utility Project Costs
(City)
Engineering, Construction Managements Inspection Staff Overhead
Reimbursement to Amtrak for Construction Related Costs
Construction (City's Utility Work)
Construction Contingency (15%)
Amtrak's General and Administrative Costs (7.16%)
PROJECT COST
CURRENT APPROPRIATION (SEWER REPLACEMENT FUND)
ADDITIONAL APPROPRIATION
$3,240
$61,585
$9,238
$4,410
$78,473
$80,000
0
$8,760
$166,508
$24,976
$11,922
$212,166
$120,000
$92,166
The water portion of this project is sufficiently funded; however additional appropriation for the sewer
portion is necessary. Sufficient funds are available in the Sewer Replacement Fund to provide for the
additional cost of this project.
EXHIBITS:
1. Location Map.
2. Resolution No. 2010-256 city Council approving the reimbursement agreement
between Amtrak and the City of Carlsbad and appropriation of funds for protecting city utilities
as part of the Amtrak Double Tracking Project.
3. Resolution No. 1405 Board of Directors of Carlsbad Municipal Water District
approving the reimbursement of funds to the City for protecting CMWD utilities as part of the
Amtrak Double Tracking Project.
4. Copy of Reimbursement Agreement
5. Bid Schedule Section C, Utility-Protection/Casing Extension
LOCATION MAP
PACIFIC
OCEAN
y&^A^MKXb^KVwA1 UJtc\
SITE
NOT TO SCALE
SITE
VICINITY
MAP
NOT TO
SCALE
PROJECT NbMEREIMBURSEMENT AGREEMENTBETWENAMTRAKAND
THE CITY OF CARLSBAD AND APPROPRIATION OF
FUNDS FOR PROTECTING CITY UTILITIES AS PART OF
THE AMTRAK DOUBLE TRACKING PROJECT
PROJECT
NUMBER
5576
EXHIBIT
1
: SCOTT EVANS, CARLSBAD UTILITIES DEPT. 11/3/W C: \UTIUTIES DEPARTUENT\DESIGN DMSION\BISKUP\AUTRAK DOUBLE TRACK PROJECT\5516.DWG
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RESOLUTION NO. 2010-256
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, FOR THE APPROVAL OF
REIMBURSEMENT AGREEMENT BETWEEN AMTRAK AND
THE CITY OF CARLSBAD AND APPROPRIATION OF FUNDS
FOR PROTECTING CITY UTILITIES AS PART OF THE
AMTRAK DOUBLE TRACKING PROJECT. PROJECT NO. 5516.
WHEREAS, National Railroad Passenger Corporation (Amtrak) has entered into a
contract with North County Transit District to implement the Carlsbad Double Track Project form
MP 229.4 to MP 231.8 (Project), which includes construction of an additional railroad track and
extensions of protective casings for various City owned water and sewer pipelines, and protection
of two sewer manholes (City Utilities Protection) within the project area; and
WHEREAS, the Project is exempt from the California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15275(b) - the institution of passenger or commuter service
on rail lines already in use; furthermore, the Project was identified in a Program EIR that was
certified September 2007 for rail corridor improvements; and
WHEREAS, pursuant to various License Agreements between the City and owner of the
railroad right-of-way, the City is responsible for paying for the City Utilities Protection portion of the
7 Project; and
WHEREAS, Amtrak and the City of Carlsbad desire to enter a reimbursement
19 agreement to satisfy the City's responsibility for payment of the City Utilities Protection portion of
20 the Project; and
21 WHEREAS, at this time, there has been submitted to the City Council for review and
22 approval, a reimbursement agreement (Reimbursement Agreement) setting forth certain terms and
23 conditions, for work to be installed and reimbursed pursuant to the Reimbursement Agreement;
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25 WHEREAS, $80,000 from the Water Replacement Fund and $120,000 from the Sewer
26 Replacement Fund for a total of $200,000 were appropriated to Project No. 5516; and
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WHEREAS, Amtrak has contracted with a Kiewit Western to construct the Project and
the bid schedule for the costs of City Utilities Protection is $228,093; and
WHEREAS; the total projected cost to the City, including all City staff overhead,
construction contract cost including contingency for potential contract change orders and Amtrak
administrative fees is $290,639; and
and
WHEREAS; the additional costs are related to construction of sewer utility protection;
WHEREAS; staff request additional appropriation of $92,166 to Project No. 5516, from
the Sewer Replacement Fund for City Utilities Project costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
1. That the above recitations are true and correct.
2. That the Mayor is authorized to execute the Reimbursement Agreement.
3. That the Finance Director is authorized to appropriate an additional $92,166 from
the Sewer Replacement Fund, to Project No. 5516.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council and Carlsbad Municipal Water District Board of Directors, held on
the 23rd day of November, 2010, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Kulchin.
.X\\HII(//
ATTEST:
M. WOOD, City Clerk
1
RESOLUTION NO. 1405
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A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
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MUNICIPAL WATER DISTRICT (CMWD) APPROVING
REMIBUSEMENT OF FUNDS TO THE CITY FOR PROTECTING
CMWD UTILITIES AS PART OF THE AMTRAK DOUBLE
TRACKING PROJECT, PROJECT NO. 5516.
5 WHEREAS, National Railroad Passenger Corporation (Amtrak) has entered into a
6 contract with North County Transit District to implement the Carlsbad Double Track Project form
MP 229.4 to MP 231.8 (Project), which includes construction of an additional railroad track and
extensions of protective casings for various City owned water and sewer pipelines, and protection
of two sewer manholes (City Utilities Protection) within the project area; and
WHEREAS, the Project is exempt from the California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15275(b) - the institution of passenger or commuter service
on rail lines already in use; furthermore, the Project was identified in a Program EIR that was
certified September 2007 for rail corridor improvements; and
WHEREAS, pursuant to various License Agreements between the City and the owner of
the railroad right-of-way, and the Carlsbad Municipal Water District (CMWD) and the owner of the
railroad right-of-way, the City or CMWD is responsible for paying for the City Utilities Protection
portion of the Project; and
WHEREAS, Amtrak and the City of Carlsbad desire to enter a reimbursement
agreement to satisfy the City's and CMWD's responsibility for payment of the Utilities Protection
portion of the Project; and
WHEREAS, at this time, has been submitted to the City Council for review and
approval, a reimbursement agreement (Reimbursement Agreement) setting forth certain terms and
conditions, for work to be installed and reimbursed pursuant to the Reimbursement Agreement;
and
WHEREAS, a portion of the costs in Reimbursement Agreement are for work related to
the protection of CMWD utilities; and
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WHEREAS, staff request CMWD reimburse the City for the water facility portion of the
Utility Protection costs included in said reimbursement agreement; and
WHEREAS, Amtrak has contracted with a Kiewit Western to construct the Project and
the bid schedule for the costs of City Utilities Protection is $228,093; and
WHEREAS; the total projected costs for the protection of CMWD utilities is $78,473; and
WHEREAS, funds from the Water Replacement Fund are sufficient to complete the
water facility portion of the project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad
Municipal Water District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the President is authorized to execute the reimbursement of $78,473 to the
City for protection of CMWD utilities from the Water Replacement Fund.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council,
held on the 23rd day of November, 2010, by the following vote to wit:
AYES: Board Members Lewis, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Board Member Kulchin.
ATTEST:
"""n .........lNE M. WOOD, Secretary
AGREEMENT FOR REIMBURSEMENT OF COSTS
BETWEEN AMTRAK AND THE CITY OF CARLSBAD FOR THE CARLSBAD DOUBLE
TRACK PROJECT FROM MP 229.4 TO MP 231.8
Between
CITY OF CARLSBAD,
A MUNICIPALITY
AND
NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
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AGREEMENT FOR REIMBURSEMENT OF COSTS
BETWEEN AMTRAK AND THE CITY OF CARLSBAD FOR THE CARLSBAD DOUBLE
TRACK PROJECT FROM MP 229.4 TO MP 231.8
This Agreement for Reimbursement of Costs for the Carlsbad Double Track Project
from Milepost ("MP") 229.4 to MP 231.8, dated as of , 2010
("Agreement") is made by and between the CITY OF CARLSBAD ("City") and NATIONAL
RAILROAD PASSENGER CORPORATION ("Amtrak") ("Parties" to this Agreement) with
reference to the following recitals:
RECITALS
A. Amtrak has entered into a contract with the North County Transit District to
implement the Carlsbad Double Track Project from MP 229.4 to MP 231.8, ("Project"), which
includes construction of an additional railroad track, extension of protective steel casings for
various City-owned utilities, and protection of two (2) sewer manholes within the Project Area
(as hereinafter defined).
B. All references in this Agreement to the "Project Area" shall represent the area
along the railroad corridor from MP 229.4 to 231.8, which is from just south of Carlsbad Village
Drive to just south of Cannon Road.
C. Amtrak has engaged J. L. Patterson & Associates to prepare Plans and
Specifications for the Project ("Plans and Specifications") which have been reviewed and
approved by the City.
D. Amtrak has prepared an Engineer's Estimate for the Project. Schedule C of the
Schedule, attached hereto as Exhibit "A," includes the estimate for the utility work ("Utility
Work") to be performed by the Contractor (defined in Paragraph 2(b) below). The Parties
acknowledge that the Engineer's Estimate is for estimation purposes only.
E. Pursuant to various License Agreements between the City and owner of the
railroad right of way, the City is responsible for paying for the Utility Work to be performed for
the Project. Accordingly, the City's actual payments for the identified utility items under this
Agreement will be based upon the actual payment made by Amtrak to the Contractor
performing the Utility Work.
NOW, THEREFORE, for and in consideration of the promises and the mutual covenants herein
contained, and with the intent to be legally bound hereby, the City and Amtrak agree as follows:
1. Recitals. The Recitals, above, are true and correct and are incorporated herein by
this reference.
2. General Amtrak Obligations.
(a) Amtrak shall utilize the Plans and Specifications prepared by J. L.
Patterson & Associates, which have been reviewed and approved by the
City for the Project.
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(b) Amtrak shall solicit competitive bids for the Project. Amtrak shall contract
with a qualified contractor experienced in utility protection and utility steel
casing extensions (the "Contractor").
(c) Amtrak shall allow the City to review the Contractor's construction
submittals for items related to the construction or protection of the City-
owned utilities.
(d) Amtrak shall notify the City of the Contractor's bid amounts for the items
identified under Section 3(a) of the General City Obligations below and
promptly provide the City with written notice of Amtrak's award of the
Construction Contract (as hereinafter defined).
(e) Amtrak is responsible for procuring all applicable permits and approvals
from other agencies or stakeholders that may have jurisdiction.
(f) In the event of any proposed change order under the contract between
Amtrak and the Contractor (the "Construction Contract") which affects the
City's utilities, Amtrak shall give the City written notice of the proposed
change order and the opportunity to review and comment at least seven
(7) business days prior to Amtrak's authorization or approval of the
change order.
3. General City Obligations.
(a) The City shall reimburse Amtrak for all of the work that has been
performed on the utility items identified in Exhibit "A".
(b) The City shall maintain steel casings and sewer manhole protection
improvements that will be installed by the Contractor after the Project is
complete and the Contractor's warranty period has expired.
4. Payment of Reimbursement Amount.
(a) The City agrees to reimburse Amtrak for the actual Contractor costs plus
the expense related to the Amtrak General and Administrative (G&A)
services related to the Utility Work. The Amtrak G&A expense will be
calculated based on Amtrak's then current G&A overhead rate
percentage applied to the total actual Contractor costs. Amtrak's current
G&A rate is 7.16%.
(b) Amtrak shall submit an invoice to the City of Carlsbad for the items
identified in section 4(a) every thirty (30) days commencing on November
1, 2010. Upon receipt, verification and confirmation of such billing, the
City will promptly pay Amtrak the full amount invoiced but in no event
later than thirty (30) days after the receipt of such invoice. Payments will
be made by the City in full without deduction, setoff or counterclaim.
(c) Payments not made by the City by the due date shall be subject to an
interest charge of one and one-half (1 !4) percent per month.
Nonpayment of invoices pursuant to the terms of this Agreement shall
constitute a material breach of this Agreement and shall be cause for
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Amtrak to cease all work on this Agreement. The City will be responsible
for any and all costs incurred by Amtrak as a result of the City's breach.
5. Dispute Resolution
In the event of a dispute between the Parties regarding any aspect of this Agreement or
of the Project that cannot be resolved at the staff level, the Party raising the dispute
shall provide the basis of the dispute in writing to the other Party for referral to the City's
Transportation Director and to Amtrak's Chief Engineer or their respective designees.
This writing shall include the substance of previous communications on the dispute.
The Director and Chief Engineer shall meet within fifteen (15) working days of such
referral and shall endeavor promptly to resolve the dispute in question. If the dispute is
still not resolved within a reasonable time after such meeting, either Party may pursue
any right or remedy available to it by law or may propose a method of alternative dispute
resolution.
6. Assignment of Agreement. The City and Amtrak shall not assign this Agreement or any
part thereof or any monies due hereunder without the prior written consent of the other
Party, which approval shall not be unreasonably withheld.
7. Notices. Unless otherwise specifically provided herein, all notices, demands or other
communications given hereunder shall be in writing and shall be deemed to have been
duly delivered upon personal delivery, or by Federal Express (or similar reputable
express delivery service), or by facsimile transmission with back-up copy mailed the
same day, or as of the second business day after mailing by United States Certified
Mail, return receipt requested, postage prepaid, addressed as shown below.
Notices required to be given to Amtrak shall be addressed as follows:
Amtrak
Attention: Michael Albanese
603-C Garrison Street
Oceanside, CA 92054-4845
Telephone: 760-757-3908
FAX: 760-757-5338
Notices to City shall be delivered to the following:
CITY OF CARLSBAD
Attention: Transportation Director
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2730
FAX: (760)602-8562
Each Party shall notify the other immediately of any changes of address that would
require any notice delivered hereunder to be directed to another address.
8. Counterparts. This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed to be an original and all of
which counterparts taken together shall constitute one and the same instrument.
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9. Governing Law and Venue. This Agreement shall be interpreted and enforced under
the laws of the State of California, and venue shall reside in San Diego County,
California.
10. Complete Agreement. This Agreement contains the entire agreement between the
Parties with respect to the subject matter contained herein, and supersedes all
negotiations, discussions, and prior drafts with respect to this subject matter.
11. Amendment. This Agreement may be only amended by a written instrument executed
by both Amtrak and the City.
12. Term. This Agreement shall be effective as of the date first above written, and shall
extend for the life of the Project.
13. No Third Party Beneficiaries. This Agreement shall not be deemed to confer any rights
upon any individual or entity which is not a Party hereto, and the Parties hereto
expressly disclaim any such third-Party benefit.
14. Severability. The invalidity or unenforceability of any provision of this Agreement, as
determined by a court of competent jurisdiction, shall in no way affect the validity or
enforceability of any other provision hereof.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the date first above written.
NATIONAL RAILROAD PASSENGER
CORPORATION
By:
CITY,
HARRY STEELMAN, Division Engineer
ATTEST:
By:
(Sign here)^LORRAINE M. WOOD, Secretary
(Proper notarial acknowledgment of execution by National Railroad Passenger Corporation
must be attached).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorney
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State of California
County of
SHEILA RENAE COBIAN
Commission # 1848471
Notary Public - California z
San Diago County g
Mv Comm. Expires May 10,20131
before me,NotaryOn
Public, "personally appeared
personally' known to me of ived to me on the basis of jaTislagtory_eyJdencejto be the
person whose name is subscribed 16 the within instrument ana^icknovvledgied to"me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
State of California
County of
On
Public, personally appeared Claude Lewis
before me,_, Notary
personally known to me or proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
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C.1
C.2
C.3
C.4
C.5
C.6
C.7
C.8
Estimate of Bid Items
SCHEDULE C - UTILITY PROTECTION & CASING
EXTENSIONS
Mobilization (5% or less of Schedule C total)
Demobilization (2% or greater of Schedule C Total)
Sewer Manhole Protection, for 2 Manholes
Work includes, but is not limited to, excavation and
backfill, procuring and installing steel jackets and
concrete bases.
Extend 16" Split Steel Casing
Work includes, but is not limited to, excavation and
recompaction, procuring and installing casing, backfill,
welding, and replacement of surface hardscape, all to
NCTD Standards.
Extend 18" Split Steel Casing
Work includes, but is not limited to, excavation and
recompaction, procuring and installing casing, backfill,
welding, and replacement of surface hardscape, all to
NCTD Standards,
Extend 20" Split ifeel, Casing
Work includes, but is not limited to, excavation and
recompaction, procuring and installing casing, backfill,
welding, and replacement of surface hardscape, all to
NCTD Standards.
Extend 24" Split Steel Casing
Work includes, but is not limited to, excavation and
recompaction, procuring and installing casing, backfill,
welding, and replacement of surface hardscape, all to
NCTD Standards.
Concrete Casing
Work includes, but is not limited to, excavation and
recompaction, procuring, forming, and installing
reinforced concrete, backfill, and replacement of
surface hardscape* and all associated work to complete
the casing.
Est
Qty
1
1
1
38
31
16
30
25
Unit
LS
LS
LS
LF
LF
LF
LF
LF
Unit Price
$ 7,969
$ 3,984
$120,000
$ 225
$ 275
$ 300
$ 350
$280
Schedule C Construction Sub Total $171,328
Schedule C Bonds and Insurance $2,570
Schedule C Railroad & Liability Protective
Ins $857
1 0% Contingency $1 7, 1 33
SCHEDULE C CONTRACTOR PRICE $1 91 ,887
Amtrak G&A Cost $1 3,739
Total Estimated Cost $205,626
Total Price
$7,969
$3,984
$120,000
$8,550
$8,525
$4,800
$10,500
$7,000
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KIEWIT
^aftb^C" UffL;PROtECTIOWC&SWG EXTEN.
Mobilization
Demobilization
Sewer Manhole Protection, for 2 Manholes
Extend 16" Split Steel Casing
Extend 18" Split Steel Casing
Extend 20" Split Steel Casing
Extend 24" Split Steel Casing
Concrete Casing
Construction Total
RRP
Bonds/Insurance
^^^^^l^^^^j^^^^^S^^^^^^T'^V^XS^^^t ^^^ft|^/Sf J,' » ? ,** - "j« ~ft f *atf^ *^«S^^^raSPBl^^&'i^^^^*''*'%.v^r'**'/ ' :* *••-''". -*1
1
1
1
38
31
16
30
25
«. Hi" ' 4
LS
LS
LS
LF
LF
LF
LF
LF
IV "-;*«' - ' '
$5,750
$2,800
$100,000
$34,200
$31,000
$19,200
$24,000
$6,250
$223,200
$3,272
$1,621