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Home My WebLink About20121002.tiff RESOLUTION RE: APPROVE CONTRACT TO FURNISH AND INSTALL FLASHING LIGHT SIGNALS, GATES, BELLS,CONSTANT WARNING TIME, NEW CABIN AND CROSSING SURFACE FOR UNION PACIFIC RAILROAD CROSSING ON COUNTY ROAD 42 AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract to Furnish and Install Flashing Light Signals, Gates, Bells, Constant Warning Time, New Cabin and Crossing Surface for Union Pacific Railroad Crossing on County Road 42 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, the Union Pacific Railroad Company, and the Colorado Department of Transportation, commencing upon full execution, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract to Furnish and Install Flashing Light Signals, Gates, Bells, Constant Warning Time, New Cabin and Crossing Surface for Union Pacific Railroad Crossing on County Road 42 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, the Union Pacific Railroad Company, and the Colorado Department of Transportation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. q,I l a et, 2012-1002 EG0066 CONTRACT TO FURNISH AND INSTALL FLASHING LIGHT SIGNALS, GATES, BELLS, CONSTANT WARNING TIME, NEW CABIN AND CROSSING SURFACE FOR UNION PACIFIC RAILROAD CROSSING ON COUNTY ROAD 42 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of April, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:** ,,e.424.....716-2„,,,, Sean P. Co 6y, Chair Cr Weld County Clerk to the Board (7 • -41 E d /` William F Gar ia, Pro- en BY: a A /a!3. �i`t: Deputy C e k to the Boa : .g!', - ")� 4:-rbara Kirkmeyer i C , APPROVE/AS M: �® ' a,, David E. Long -- unty Atto ney S IAA DOuglaademach r Date of signature: S //-/ 9- 2012-1002 EG0066 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Contract between CDOT, County and UPRR for Installation of Flashing Light Signals, Gates, Bells, Controls Cabinet at WCR 42 and UPRR Tracks, near Gilcrest. DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: April 11, 2012 PERSON REQUESTING: Michael Bedell, Senior Engineer Brief description of the problem/issue: Public Works Department made application to CDOT requesting Federal funds of Railroad-Highway Crossing Improvement projects for WCR 42. The Public Utilities Commission (PUC) has approved this proposed work. This Contract defines the responsibilities of FHWA, CDOT, Weld County and the Union Pacific Railroad Company. Weld County's signature is needed to complete the process. All cost of work will be paid 100% with Federal funds. The County's responsibility is to provide the signing and pavement marking, and to approve the work and railroad billings for payment by CDOT. CDOT plans to construct a traffic signal at the intersection of WCR 42/SH 85 in the near future, which will be interconnected to the UPRR crossing signal. What options exist for the Board? The Board may choose approve or not approve this contract. Recommendation to the Board: The Department recommends the Board approve this contract between CDOT, Weld County and the UPRR. Approve Schedule Recommendation Work Session Comments Sean P. Conway, Chair William F. Garcia, Pro-Tem Barbara Kirkmeyer David E. Long ,I Douglas Rademacher -0\ Attachments: Four-original copies of the contract //Ay b/� 2012-1002 CDOT Project No. SRP C030-039, 17697 CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION, WELD COUNTY AND THE UNION PACIFIC RAILROAD COMPANY COVERING FURNISH AND INSTALL FLASHING LIGHT SIGNALS, GATES, BELLS, CONSTANT WARNING TIME, NEW CABIN AND CROSSING SURFACE AT RAILROAD MILE POST 41.03 CDOT Project No. SRP C030-039, 17697 MC No. 804-348N IN WELD COUNTY COLORADO aoig-iaa SRP C030-039, 17697 County Road 42, Weld County DOT No. 804-348N UPRR M.P. 41.03, Greeley Subdivision CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM THIS CONTRACT, made thirs9y day of , 2012, by and among the STATE OF COLORADO for the use and benefit of the STATE -PARTMENT OF TRANSPORTATION, DIVISION OF ENGINEERING, DESIGN AND CONSTRUCTION ("State"), WELD COUNTY, of the State of Colorado "(Local Agency)", and UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad") WI-IEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Function 3987, GL Account No. 4231100011, WBS Element 17697.20.10, Contract Encumbrance Amount $329,673.00; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, this contract is executed by the State under authority of section 43-1-110, C.R.S., by both the State and Local Agency under the authority of sections 29-1-203 and 43-2- 144, C.R.S., and by the Local Agency pursuant to an appropriate ordinance or resolution duly passed and adopted by the Local Agency; and WHEREAS, pursuant to Title I, Subtitle A, Section 1 108 of the "Transportation Equity Act for the 21st Century" of 1998 (TEA-2I) and/or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU) of 2005, and to applicable provisions of Title 23, United States Code, and the regulations promulgated thereunder, certain federal funds have been and will in the future be made available for the elimination of hazards at certain highway/railroad grade crossings on the Federal-aid Urban System and on roads not on any Federal-aid System, by the installation of warning devices, such projects being hereinafter referred to as the Section 130 Program. WHEREAS, projects selected under the Section 130 Program are eligible for funding at the rate of 100% Federal-aid funds, provided the project costs are incurred in accordance with the conditions set forth herein, all without cost to the State and the Railroad Company, it being understood that such ratio applies only to such costs as are eligible for Federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%; and WHEREAS, Federal regulations (23 CFR§§646.200 et.seq. (2009))require the State to contract with railroad companies on Federal-aid projects involving use of railroad property or adjustment to railroad facilities; and WHEREAS,the State is responsible for the administration of the Section 130 program and will act in the relative position of the Federal Highway Administration(FHWA)in reviewing and approving highway/railroad projects and in authorizing expenditure of Federal-aid funds on said projects; and WHEREAS,the FHWA has determined that the use of a free-party contract is required in order for the State to fulfill its administrative responsibilities, including the responsibility of assuring that work is not performed prior to authorization by the State; and WHEREAS,the Local Agency and the Railroad understand that,pursuant to 23 CFR §646.220,the State is responsible for issuing written authorization for all phases of the work described herein, and that the costs for such work will be eligible for reimbursement only if the work is performed after written authorization by the State; and WHEREAS,the Local Agency has initiated this Section 130 Program project numbered SRP C030-039, 17697; and WHEREAS,the project is not located on the State Highway System,but is under the legal jurisdiction of the Local Agency;and WHEREAS,this contract provides for highway/railroad grade crossing improvements consisting of: installing flashing light signals, gates,bells, constant warning time circuitry, and crossing surface as more specifically described herein; and WHEREAS,the proposed improvements provided for herein are located on County Road 42, Weld County, Colorado, at the Railroad's track,National Inventory Crossing No. 804-34W, Railroad milepost 41.03; and WHEREAS,the Local Agency is responsible for complying with all terms and conditions of this contact for project SRP C030-039, 17697; and WHEREAS,the Railroad has agreed to be responsible for the installation and operation of the crossing warning devices installed hereunder; and WHEREAS,the Railroad is adequately staffed and suitably equipped to undertake and satisfactorily complete the proposed improvements,and can perform the Railroad Work more advantageously and more cost effectively than the State; and WHEREAS, it is in the public interest that the Railroad Work be performed by the Railroad's forces, on a Force Account basis; and 2 NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained,and the faithful performance thereof,the parties hereto promise and agree as follows: ARTICLE I GENERAL PROVISIONS SECTION A. DEFINITIONS 1. FHWA - U. S. Department of Transportation Federal Highway Administration 2. CFR - Code of Federal Regulations 3. MUTCD - The Manual on Uniform Traffic Control Devices for Streets and Highways,Year 2003 Edition 4. PUC - Public Utilities Commission of Colorado 5. CRS - Colorado Revised Statutes 6. The term"Eligible Charges" shall include only those actual incurred costs, as provided in 23 CFR, Part 140, which are directly attributable to Project No. SRP C030-039, 17697,including,without limitation,all applicable Federal additives which are incurred following written authorization by the State for the various work functions, except as provided in Article II, Section A. 7. The term "Railroad Work" shall consist of work done by Railroad forces and shall include the following: Furnish and install flashing light signals,gates,bells,constant warning time circuitry,new cabin, and crossing surface, including,but not limited to, all preliminary engineering design and review. 8. The term"Project" shall mean State Project No. SRP C030-039, 17697 SECTION B. EXHIBITS The exhibits listed below are attached hereto and made a part of this contract: Exhibit A - PUC Recommended Decision of ALJ Exhibit B - Print Showing Crossing Location 3 Exhibit C - The Railroad Company's Force Account Estimate Exhibit C-1 - The Railroad's Crossing Surface Estimate Exhibit D - Civil Rights Exhibit SECTION C. REFERENCE DOCUMENTS The following are made a part of this contract by reference the same as if attached hereto including any supplements or amendments thereto dated prior to date of this contract: 23 CFR §§140.900 et.seq. (2010) 23 CFR§§646.101 et. seq. (2010) 23 CFR§§646.200 et. seq. (2010) MUTCD,Dated 2009 SECTION D. DESIGN DATA The Project provided herein consists generally of installing highway/railroad grade crossing improvements consisting of flashing light signals, gates,bells, constant warning time circuitry, new cabin and concrete crossing pads, located on County Road 42, Weld County, Colorado and the Railroad's track,National Inventory Crossing No. 804-348N,Railroad milepost 41.03. ARTICLE II COMMITMENTS ON THE PART OF THE LOCAL AGENCY SECTION A. PRE-CONTRACT ADMINISTRATIVE TASKS Certain administrative tasks are necessary to be performed prior to execution of this contract and the Local Agency agrees that the costs of those tasks,whether incurred by the Local Agency or the State shall be eligible for reimbursement from Project funds. Said tasks include, but are not limited to, attending pre-design meetings,help obtaining FHWA approvals and preparation of this contract. In the event Federal-aid funds are not made available, or are withdrawn for the project,the Local Agency shall reimburse the State for costs incurred by the State, subject to the limits provided in Article IV, Section B., in administering this contract. 4 SECTION B. PUC APPLICATION The Local Agency will make application to the Public Utilities Commission requesting a PUC order providing for the improvement provided for herein. The Local Agency shall include a copy of this fully executed contract with the PUC application or submit it to the PUC as a late- filed exhibit. The Local Agency shall participate in any hearing before the PUC in this matter. The State's issuance of authorization to proceed with the Railroad Work shall be contingent upon the PUC approval. SECTION C. UTILITIES The Local Agency shall be responsible for obtaining proper clearance or approval,in writing,or formal agreement if utility adjustments are required,from utility companies which may be involved in the project. The Local Agency shall furnish the State with documentation of such clearance or approval prior to installation of the proposed improvements. SECTION D. RIGHT-OF-WAY The Local Agency shall provide written certification to the State that the proposed project will be constructed on existing right-of-way or that if right-of-way is acquired for the completion of the project that such acquisition was made in accordance with FHWA and State regulations. SECTION E. COST ESTIMATES Prior to execution of this contract,the Local Agency shall review the Railroad's plan and estimate(Exhibits C and C-1) for the Railroad Work defined in Article I, Section A,and shall notify the State, in writing whether the estimate is not acceptable as a basis for reimbursing the Railroad for eligible charges. The Local Agency shall also provide the State, if requested, with the Local Agency's cost estimate for construction zone signing, including detouring of traffic if required,pavement marking, and any other work the Local Agency will be responsible for in connection with this crossing improvement. The State will assist in determining these costs if requested by the Local Agency. SECTION F. CROSSING IMPROVEMENT WORK The Local Agency shall coordinate crossing improvement work and shall inspect the Railroad Work performed by Railroad forces. The Local Agency shall not initiate or authorize any crossing improvement work, including the Railroad Work until the State has issued the Notice to Proceed,Article IV, Section A,to the Local Agency and the Railroad. In the event that such work is initiated by the Local Agency prior to issuance of the notice to proceed,the Local Agency shall be solely responsible for all costs incurred for work performed prior to such issuance. The Local Agency shall be responsible for providing a traffic control plan that meets the criteria of the most current edition of the MUTCD. The Local Agency shall submit a traffic control plan to the Region 4 Utility Engineer before the Notice to Proceed will be issued. 5 SECTION G. RAILROAD COMPANY REIMBURSEMENT Upon receipt of the Railroad's billings from the State's Railroad Coordinator,the Local Agency shall review and verify the billings for the Railroad Work performed hereunder to ensure that the billings are for eligible charges for work actually performed. After Local Agency verification,the designated representative from the Local Agency shall send written confirmation to the Region 4 Utility Engineer and the State's Railroad Program Manager that the work has been accomplished. The Railroad bill,whether a progress billing or a final billing shall be paid by the State within forty-five (45)days of the State's receipt of the Railroads bill, subject to the continued availability of sufficient encumbered funds therefor as provided in Article V, Section A. The Region 4 Utility Engineer will approve the bill for payment by the State to the Railroad. SECTION H. MAINTENANCE Upon completion of this Project,the Local Agency shall maintain the roadway approaches of County Road 42,to the crossing described in Article I, Section D. Roadway approaches shall be considered that section of roadway in the vicinity of the crossing beginning at the railroad crossing advance warning signs and extending to the ends of the railroad track cross ties. The Local Agency shall also be responsible for maintaining advance warning signs and,pavement markings. The Local Agency shall not be responsible for maintaining the Railroad's facilities. SECTION I. INSPECTION AND AUDIT The Local Agency shall, during all phases of the work,permit duly authorized agents and employees of the State and the FHWA to inspect the project and to inspect,review and audit the project records. The Local Agency shall maintain all books,documents, papers, accounting records, and other evidence pertaining to costs incurred and to make such materials available at all reasonable times during the construction of the project and for three (3)years from the date of final payment. Copies of such records shall be furnished by the Local Agency if requested. ARTICLE III COMMITMENTS ON THE PART OF THE RAILROAD COMPANY SECTION A. CROSSING AT GRADE 1. Warning Devices. The Railroad agrees to accomplish by force account all the Railroad Work defined in Article I, Section A, as provided hereunder,provided that the Railroad shall obtain written notice to proceed from the State before it starts to perform or authorizes the performance of such railroad force account work. In the event that such work is initiated prior to the issuance by the State of the written notice to proceed,the Railroad shall be solely responsible for all costs incurred for such work. 6 2. Railroad Participation. The Railroad will participate in the cost of the Surface project (Exhibit C-1)per Colorado Public Utilities Regulation 7211, (a). 7211 (a)A railroad, railroad corporation,rail fixed guideway,transit agency, or the owner of the track shall maintain the grade crossing surface from the outside end of the tie to the outside end of the tie at single track crossings. The roadway authority shall bear the cost of the materials to maintain,repair, or replace the crossing surface. The railroad, railroad corporation,rail fixed guideway,transit agency, or owner of the track shall bear the cost of installation,maintenance,repair, or replacement of the crossing surface. Railroads,railroad corporations,rail fixed guideways,transit agencies, and owners of the track shall promptly assist any roadway authority to the extent required to maintain the roadway surface between tracks at multiple track locations. The Railroad's participation is labor, $19,962 in Exhibit C-1. 3. Plans and Force Account Estimate. Prior to execution of this contract,the Railroad shall submit a general plan showing the crossing,the type(s) and location of crossing warning devices to be installed, and the approximate approach lengths and/or warning time for the devices along with an itemized cost estimate(Exhibits C and C-1)for the proposed Railroad Work to the Local Agency and the State. Said estimate shall take into account the value of all existing material that can be salvaged. The Local Agency shall be afforded the opportunity to inspect salvaged material. The cost estimate shall conform to the requirements of 23 CFR,Part 140, Subpart I, and shall be of the form prescribed in 23 CFR,Part 646, Subpart B. 4. Changes in the Railroad Work. No change shall be made in the Railroad Work which will alter the character or scope of the Railroad Work without the prior written concurrence from the Local Agency and prior written authorization by the State. The Railroad shall be responsible for cost increases resulting from unauthorized changes in the Railroad Work. SECTION B. COORDINATION After receipt of the notice to proceed from the State,the Railroad shall notify the Local Agency and the State at least ten working days in advance of beginning the Railroad Work so that the Local Agency can arrange for construction zone traffic control and inspection. The Railroad shall also furnish the Local Agency and the State a copy of the completion notice the Railroad furnishes to the PUC. SECTION C. THE RAILROAD'S BILLINGS TO THE STATE Progress billings for"eligible charges" for the Railroad Work shall be acceptable in minimum amounts of$500 for each billing. The Railroad shall provide its final and complete billings of all incurred costs to the State's Railroad Program Manager within one-year following completion of the Railroad Work as described in Article I, Section C. The billing for such work shall reference the Project No. SRP C030-039, 17697 EACH INVOICE SHALL SPECIFICALLY STATE THE WORK PERFORMED AND SHALL BE THE SAME AS THE WORK AUTHORIZED. IF PAYMENT IS NOT MADE WITHIN 45 DAYS OF THE STATE'S RECEIPT OF AN INVOICE, THE STATE SHALL PAY INTEREST TO THE RAILROAD NOT TO EXCEED 1%PER MONTH UNTIL PAYMENT IS MADE SUBJECT TO THE TERMS AND CONDITIONS OF SECTION 24-30-202 (24), C.R.S. The State shall provide the Railroad with written notice of the completion of the work,thus marking the beginning of the one-year period. If the Railroad does not present the final bill to the State's Railroad Program Manager within that one-year time period,as required by 23 CFR §140.922(2010),then previous payments to the Railroad for the Railroad Work may be considered as final and complete reimbursement for that work, and the State may close out the project with no further financial obligation. Railroad's billings for incurred costs for the Railroad Work shall be audited by the State for compliance with 23 CFR§§140.900 et.seq. (2010). SECTION D. MAINTENANCE Upon completion of the work required under this contract,the Railroad shall thereafter operate,maintain,repair and keep its roadbed,track and appurtenances, including the railroad grade crossing warning devices installed hereunder, in proper working condition. In the event any federal, state or other funds become available for use in the operation, maintenance,or repair of the crossing warning devices installed hereunder,the Railroad shall be free to apply for such funds. SECTION E. CIVIL RIGHTS The Railroad, in the prosecution of the work herein prescribed, will adhere to the requirements of the Civil Rights(Exhibit D), and will include the provisions of the said Civil Rights Exhibit in every subcontract; including procurement of materials and leases of equipment, unless exempt by the regulations,orders or instructions issued pursuant thereto. ARTICLE IV COMMITMENTS ON THE PART OF THE STATE SECTION A. PROJECT ADMINISTRATION 1. Approvals by the State. The State,acting in the relative position of the FHWA, shall be responsible for approving the various work functions relative to this Project. The work functions include,but are not limited to,preliminary engineering,right-of-way,utility adjustments, Railroad Work, and work by the Local Agency. 2. Notice to Proceed. The State's Regional Utility Engineer,Region 4, shall issue written notice to proceed for the various work functions as may be required. Any work function performed by the Local Agency for the Railroad prior to the issuance of the notices to proceed shall not be eligible for reimbursement from Federal-aid funds. 8 3. Contract Management System. The provisions of Article V, Section L,relating to the requirements of the Contract Management System,are the sole responsibility of the State and not the Railroad or the Local Agency. SECTION B. STATE'S SUPPORT SERVICES AND CHARGES The State shall perform the support services necessary for the approval and administration of this contract. These services may be performed in preparation for any conditions or requirements of this contract,including prior FHWA approval of project work. At the request of the Local Agency, the State may also provide other assistance under this contract as agreed in writing. However, in the event that Federal funding is either not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to Project completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be at the sole expense of the Local Agency,not to exceed Two Thousand and 00/100 Dollars ($2,000.00). The Local Agency shall reimburse the State the actual costs incurred by the State in performing such assistance in an amount not to exceed Two Thousand and 00/100 Dollars ($2,000.00). ARTICLE V ADDITIONAL PROVISIONS SECTION A. FINANCIAL PROVISIONS 1. Contract Amount. The total encumbrance for this Project is$309,711.00. Federal funds are 100%of the amount. The State's maximum financial obligation for all Eligible Charges and other work costs under this contract is currently limited to that total encumbrance amount. The State will budget, appropriate and make funds available to pay the Railroad for additional work on this Project as long as the additional work is legitimate and the Railroad has communicated with the State Project Engineer to allocate more funds. The State Project Engineer will allocate more funds using a Funding Letter described below. The Railroad must communicate with the State regarding the allocation of more funds before the work is performed if practicable. Additional work is work that falls under the definition of"Railroad Work" contained in Article I(A)(7) and includes increases in costs of"Railroad Work"due to labor and materials. It is specifically agreed that Railroad labor costs can include as additives,prorated equipment costs as specified in 23 CFR§140.910. The State shall not be responsible for any unauthorized extra work. Extra work is work that does not fall under the definition of"Railroad Work"contained in Article I (A) (7). If Project costs under-run the estimated total budget,the Federal portion of such under-run shall be reallocated within the framework of the State's Section 130 Program as mutually agreed upon by the State and the FHWA. SECTION B. REPRESENTATIVES 1. To Local Agency: Mike Bedell,Project Manager 9 Weld County Public Works PO Box 758 Greeley, CO 80632-0758 Phone: 970-356-4000, ext. 3742 2. To Railroad: Kelly Abaray Manager—Industry and Public Projects Union Pacific Railroad Company 1400 West 52"d Avenue Denver, CO 80221-1589 Phone: 303-964-4099; fax: 303-964-4054 3. To State: Rudy Sipnefski Region 4 Utility Engineer Colorado Department of Transportation 1420 2"d Street Greeley, CO 80631 Phone: 970-350-2164 4. Billings Sent To: Bill Snowden Railroad Program Manager Safety and Traffic Engineering Branch Colorado Department of Transportation 4201 East Arkansas Avenue, 3`d Floor Denver, CO 80222 Phone: 303-757- 9268; fax: 303-757-9219 SECTION C NO BENEFITS TO THE RAILROAD In accordance with 23 CFR§646.210 (b)(l) (2010),it is determined that the improvements herein provided will not result in ascertainable benefits to the Railroad and, consequently, liability for the cost thereof shall not be required of the Railroad,except as previously agreed in Article III(A)(2). SECTION D. CANCELLATION In the event delays or difficulties arise in securing necessary approvals,or in acquiring necessary right of way, or in settling damages or damage claims,or for any other reason,which, in the opinion of the State render it impracticable to utilize funds from the current appropriation for the construction of the project,then at any time before actual construction is started pursuant to proper approval or authority,the State may serve formal notice of cancellation upon the Railroad and this contract shall thereupon become null and void. In the event of any such 10 cancellation,the State shall reimburse the Railroad for all related preliminary engineering costs incurred by the Railroad prior to the effective cancellation date. SECTION E. FUTURE USE OF WARNING DEVICES If,hereafter,by agreement,negotiation, or order of competent public authority,the grade crossing warning devices are rendered unnecessary,undesirable or improper by closing of said crossing,by relocation,by separation of grades, or by developments or improvements in crossing protection or otherwise, such devices shall be removed,and if by mutual agreement the grade crossing warning devices are deemed suitable for reuse at another location, they shall be reinstalled at that location by the Railroad under a separate agreement for relocation between the State,Local Agency, and the Railroad, as approved by the PUC. If the Local Agency widens the highway, or makes any changes therein which require relocation of said devices,the Local Agency will bear the entire cost of making such changes. Whenever by reason of Railroad changes said devices are removed,relocated or replaced,the entire cost thereof shall be borne by the Railroad. SECTION F. TERM The term of this contract, except for the provisions regarding roadway maintenance and future use of warning devices, shall continue through completion and final acceptance of this project by the State and the FHWA. The covenants regarding roadway maintenance and future use of warning devices constructed under this contract shall remain in effect in perpetuity or until such time as the Local Agency or the Railroad is,by law or otherwise, relieved of such responsibility. SECTION G. FEDERAL AID PROJECTS It is understood that the project herein contemplated shall be financed from funds made available by the federal government and expended under federal regulations;that all plans, estimates of cost, specification, authorizations, awards of contracts, acceptances of work and procedures in general are subject at all times to all federal laws,rules, regulations, orders and approvals applying to federal projects. SECTION H. SUCCESSORS AND ASSIGNS All of the covenants and provisions hereof shall inure to the benefit of and be binding upon the parties hereto,their successors and assigns. SECTION I. SIGNATURE AUTHORITY The Railroad represents and warrants that it has taken all actions that are necessary or that are required by its procedures,bylaws,or applicable law,to legally authorize the undersigned signatory to execute this contract on behalf of the Railroad and to bind the Railroad to its terms. 11 SECTION J. EXCEPTIONS TO SPECIAL PROVISIONS 1. The parties hereto agree that the final sentence of paragraph 4, Independent Contractor. (4 CCR 801-2) of Section L., Special Provisions, is replaced with the following: Contractor shall provide and keep in force such types of Workers' Compensation Insurance,in the amounts required by law(and provide proof of such insurance, if such insurance is required by law,when requested by the State) and Unemployment Compensation Insurance,if required by law, in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees,and agents. 2. The parties hereto agree that the first sentence of paragraph 6, Choice Of Law,of Section L., Special Provisions,is replaced with the following: The laws of the State of Colorado and rules and regulations issued pursuant thereto,to the extent not preempted by federal law, shall be applied in the interpretation, execution, and enforcement of this contract. 3. The parties hereto agree that paragraph 10,Vendor Offset. (CRS §§ 24-30-202 (1) & 24-30-202.4) shall apply to this contract,to the extent not preempted by federal law. SECTION K. SPECIAL PROVISIONS Revised 01/01/09 1. Controller's Approval. (CRS §24-30-202(1)). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. Fund Availability. (CRS §24-30-202(5.5)). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied,of any of the immunities,rights,benefits,protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act,28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. Independent Contractor. Contractor shall perform its duties hereunder as an independent contractor and not as an employee.Neither Contractor nor any agent or employee of Contractor shall be deemed to be an 12 agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied,to bind the State to any agreement,liability or understanding,except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b)provide proof thereof when requested by the State, and (c)be solely responsible for its acts and those of its employees and agents. 5. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,rules, and regulations in effect or hereafter established,including,without limitation, laws applicable to discrimination and unfair employment practices. 6. Choice of Law. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws,rules, and regulations shall be null and void.My provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law,whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution. 7. Binding Arbitration Prohibited. The State of Colorado does not agree to binding arbitration by any extra judicial body or person.Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. Software Piracy Prohibition. (Governor's Executive Order D 002 00). State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that,during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision,the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing 13 restrictions. 9. Employee Financial Interest/Conflict Of Interest. (CRS §§24-18-201 and 24-50-507). The signatories aver that to their knowledge,no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect,that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. Vendor Offset. (CRS §§24-30-202(1) and 24-30-202.4). Subject to CRS §24-30-202.4 (3.5),the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a)unpaid child support debts or child support arrearages; (b)unpaid balances of tax, accrued interest,or other charges specified in CRS §39-21-101,et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and(e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. Public Contracts For Services. (CRS §8-17.5-101,102). Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or'the Department program established pursuant to CRS §8-17.5-102(5)(c),Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor(a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and(d) shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 14 12. Public Contracts With Natural Persons. (CRS §24-76.5-101). Contractor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)shall comply with the provisions of CRS §24-76.5-101 et seq., and (c)has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. SECTION L. SPECIAL PROVISIONS. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at anytime thereafter,this § L applies. Contractor agrees to be governed, and to abide,by the provisions of CRS §24-102-205, §24-102- 206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101,and State Fiscal Rules,Policies and Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include,but shall not be limited to quality,cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review,and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder,the Executive Director of the Colorado Department of Personnel and Administration(Executive Director),upon request by the Colorado Department of Transportation, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation,Review and Rating by: (a)filing rebuttal statements,which may result in either removal or correction of the evaluation(CRS §24-105-102(6)), or(b)under CRS §24-105- 102(6),exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202,which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. 15 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT STATE OF COLORADO UNION PACIFIC RAILROAD COMPANY JOHN W.HICKENLOOPFR,GOVERNOR Timothy J.Harris,P.E. Chief Engineer Tit e. _ V p L 1rst aiefir i1 Attest r v-i Id 0 Douglas street Maureen Fong Hinners Omaha,NC 68179 Assistant Secretary WELT)COUNTY,COLORADO Attest fly Sean P. Conway Chair, Board of J,leld Co Title Commissioners ApR 1 8 2012 APPROVED: JOHN SLITHERS Attorney General A QV- Ey ,; t AAA • - Katiyn oung Aita: {(,i.cts Assistant Attorney General lezo/aRAL.A wr� uQ CRS§21.30-202 requires that the Slate Controller approve till state contracts. This contract is not valid until the State Controller,or such assistant as he may delegate,sign it. Except for preliminary engineering review performed by the Railroad the Local Agency or their conlrnctor as set forth In this Contract,the Railroad is not authorized to begin performance until the Contract Is signed and tinted below. Except for preliminary engineering review performed by the Railroad,Local Agency or Its contractors as set forth in this Contract,ifperformanco begins prior to the dale below,the State of Colorado may not be obligated to pay for the goods and/or services provided. State Controller David J.McDermott By.--C•74) C Controller 16 c>,Wa ilea EXHIBIT A To Contract PUC Recommended Decision by ALJ Decision No. R10-0728 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO DOCKET NO. 10A-257R IN THE MATTER OF WELD COUNTY, FOR THE AUTHORITY TO INSTALL NEW FLASHING SIGNALS AND AUTOMATIC GATES ARMS WELD COUNTY ROADS 22,40, AND 42 AT UNION PACIFIC RAILROAD. RECOMMENDED DECISION OF ®9 ADMINISTRATIVE LAW JUDGE G.HARRIS ADAMS CA GRANTING APPLICATION y UNDER MODIFIED PROCEDURE J°≥38 Mailed Date: July 14,2010 0 usa I. STATEMENT 8111.. 1. On April 21, 2010, the Weld County Public Works Department (Weld County) 6B filed an application seeking authority to install flashing lights, gates, bells, new cabin, and a. 62 constant warning time circuitry at each of the three crossings of Weld County Road (WCR) 22, C.9) WCR 40, and WCR 42 with the Union Pacific Railroad Company (UPRR) Greeley Sub, ad 63 National Inventory Nos. 804329J (WCR 22), 804345T (WCR 40), and 804348N (WCR 42), in Weld County,State of Colorado. 2. Notice of the application was provided by the Commission to all interested parties,including adjacent property owners pursuant to §40-6-108(2),C.R.S.,on April 29,2010. 3. On May 27, 2010, UPRR filed an Entry of Appearance and Notice of Intervention. UPRR objects to the Application as filed stating that there are a number of terms that Weld County has inserted in the Application that cannot be accepted by UPRR including: 1)UPRR cannot be limited to be reimbursed for costs set by a contract with Weld County; Before the Public Utilities Commission of the State of Colorado Decision No.R10-0728 DOCKET NO.10A-257R 2)UPRR's personnel will not be administering the crossing improvements; and 3)Weld County has misrepresented the Commission's rules in the Application. 4. On June 15, 2010, pursuant to Decision No. C10-0591, the Commission deemed the application complete and referred the matter, including the intervention to the undersigned Administrative Law Judge(ALT) for disposition. 5. By Decision No. R10-0609-I, the ALT set a prehearing conference for July 1, 2010. 6. By Decision No. RI0-0614-I, the ALT ordered Weld County to either obtain legal counsel and have said counsel enter an appearance in this matter by June 30, 2010, or in the alternative, make a filing showing that under Rule 1201(b)(II), 4 Code of Colorado Regulations (CCR)723-1 that Weld County could proceed in this matter without an attorney. 7. On June 23, 2010, Weld County filed an Amendment to Application, Entry of Appearance and Response to UPRR Notice of Intervention. Weld County Attorney Bruce T. Barker entered an appearance on behalf of Weld County Department of Public Works, amended information contained in the original application, and stated that Weld County believed that the objections of the UPRR were met with the additional filing. 8. On July 1, 2010, a prehearing conference was called to order. No parties appeared at the prehearing conference,and the conference was concluded. 9. By Decision No. R10-0692-I, the ALT established a procedural schedule for this matter and set a hearing in this matter for September 14,2010. 10. On July 9, 2010, UPRR filed a Response to Amendment to Application and Amended Intervention. UPRR states that the Amendment to Application filed by Weld County 2 Before the Public Utilities Commission of the State of Colorado Decision No.R10.0728 DOCKET NO.104.257R essentially removes the matters to which UPRR had objected, and therefore UPRR withdraws its original objections. 11. Based on the Amendment to Application filed by Weld County and the Response to Amendment to Application and Amended Intervention by UPRR, the Application is now uncontested and may be processed under the modified procedure, pursuant to § 40-6-109(5), C.R.S., and Rule 4 CCR 723-1-1403,without a formal hearing. 12. In accordance with § 40-6-109, C.R.S.,the undersigned ALT now transmits to the Commission the record in this proceeding along with a written recommended decision. II. FINDINGS AND CONCLUSIONS 13. The Commission has jurisdiction in this matter pursuant to §§ 40-4-106(2)(a) and 40-4-106(3)(a), C.R.S. 14. Weld County is the road authority that is duly authorized to construct, maintain, and operate public roads within Weld County. Weld County is the Applicant. 15. UPRR is the railroad company that owns the tracks in question at the crossings with WCR 22,National Inventory No. 804329J;WCR 40, National Inventory No. 804345T; and WCR 42,National Inventory No. 804348N. UPRR is an intervenor. 16. Weld County and UPRR are the only parties in this matter. 17. With this application, Weld County is seeking authority to have active warning consisting of installation of new flashing lights, gates, bells, new cabin, and constant warning time circuitry installed at the three crossings of WCR 22,WCR 40, and WCR 42 with the UPRR Greeley Sub as part of the Federal Section 130 railroad/highway hazard elimination program. The three crossings are currently stop sign controlled. 3 Before the Public Utilities Commission of the State of Colorado Decision No.R10.0728 DOCKET NO.10A-257R 18. Weld County states that 2009 average daily traffic volumes using the crossings are 1,209 vehicles per day (VPD) at WCR 22, 228 VPD at WCR 40, and 258 VPD at WCR 42. Traffic volumes are projected to increase to 2,165 VPD at WCR 22, 408 VPD at WCR 40, and 462 VPD at WCR 42 by 2019. Speeds on all three Weld County Roads are posted at 55 miles per hour (MPH). UPRR currently runs approximately 20 trains per day with a maximum timetable speed of 60 MPH for freight and 79 MPH for passenger. No projections for future growth were provided. 19. Weld County states that work at the crossings is expected to begin June 1, 2010 and be completed by October 1, 2011. The Commission will require Weld County to inform the Commission in writing that the crossing changes are complete and operational within ten days of completion. The Commission will initially expect the letter sometime around October 1, 2011. However, the Commission does understand that this letter may be provided earlier or later than this date depending on changes or delays to the construction schedule. 20. Weld County provides cost estimates for each of the projects. WCR 22 is estimated to cost$183,727, WCR 40 is estimated to cost$284,065, and WCR 42 is estimated to cost$224,028. Federal Section 130 funds will pay for 100 percent of eligible costs and Colorado Department of Transportation funds will pay for non-participating and indirect costs. Weld County requests to late-file the finalized construction and maintenance contracts. 21. The Commission does not expect construction on these projects to begin until all of the proper agreements have been entered into by the parties. The Commission will require Weld County to file copies of the signed Construction and Maintenance Agreements as soon as possible, but no later than August 31, 2010 so the Commission knows that construction on these projects will begin. 4 Before the Public Utilities Commission of the State of Colorado Decision No.R10.0728 DOCKET NO.10A-257R 22. UPRR will be required to file copies of the updated US DOT Inventory forms for the three crossings in this proceeding once construction of the new signals is complete. The Commission will expect these updated inventory forms to be filed at the completion of construction of the project around October 1,2011. 23. Weld County shall be required to maintain the roadway approaches to the end of ties, and all advance warning signing and striping to the crossings at its expense pursuant to 4 CCR 723-7-7211(c). UPRR shall be required to maintain their track, ties, warning devices, train communications equipment, and appurtenances at its expense pursuant to 4 CCR 723-7- 7211(a). 24. In accordance with § 40-6-109,C.R.S.,the AIJ recommends that the Commission enter the following order. III. ORDER A. The Commission Orders That: 1. The unopposed application filed by Weld County Public Works Department(Weld County) filed on April 21, 2010 as amended on June 23, 2010, seeking authority to install flashing lights, gates, bells, new cabin, and constant warning time circuitry at each of the three crossings of Weld County Road (WCR) 22, WCR 40, and WCR 42 with the Union Pacific Railroad Company(UPRR) Greeley Sub, National Inventory Nos. 804329J (WCR 22), 804345T (WCR 40),and 804348N(WCR 42),in Weld County,State of Colorado is granted. 2. Weld County is authorized and ordered to proceed with the installation of active warning devices at the three crossings of WCR 22, WCR 40, and WCR 42, all in Weld County, Colorado. 5 Before the Public Utilities Commission of the State of Colorado Decision No.R10-0728 DOCKET NO.10A-2578 3. Weld County is required to maintain the approaches to the crossing surface up to the outside end of the ties, and signage and striping to the crossings at its expense pursuant to Rule 4 Code of Colorado Regulations (CCR)723-7-7211(c). 4. UPRR is required to maintain the crossing surfaces, track, ties, appurtenances, and active warning equipment at its expense pursuant to Rule 4 CCR 723-7-7211(a) and 723-7- 7301(a). 5. Weld County is required to file signed copies of the Construction and Maintenance Agreement as soon as possible, but no later than August 31, 2010 and construction work is not expected to begin until these signed agreements are filed. 6. Weld County is required to inform the Commission in writing that the crossing changes are complete and operational within ten days after completion. The Commission shall expect this letter sometime around October 1, 2011. However,the Commission understands this letter may be provided earlier or later than this date depending on changes or delays to the construction schedule. 7. UPRR shall be required to file copies of the updated US DOT Inventory forms for the three crossings in this proceeding once construction of the new signals is complete. The Commission will initially expect these updated inventory forms by October 1,2011. 8. The Commission retains jurisdiction to enter further orders as necessary 9. The hearing scheduled to commence in this matter on September 14, 2010 is vacated. 10. This Recommended Decision shall be effective on the day it becomes the Decision of the Commission,if that is the case,and is entered as of the date above. 6 Before the Public Utilities Commission of the State of Colorado Decision No.R10.0728 DOCKET NO. 10A-257R 11. As provided by §40-6-109, C.R.S., copies of this Recommended Decision shall be served upon the parties, who may file exceptions to it. a) If no exceptions are filed within 20 days after service or within any extended period of time authorized, or unless the decision is stayed by the Commission upon its own motion, the recommended decision shall become the decision of the Commission and subject to the provisions of§40-6-114,C.R.S. b) If a party seeks to amend, modify, annul, or reverse basic findings of fact in its exceptions, that party must request and pay for a transcript to be filed, or the parties may stipulate to portions of the transcript according to the procedure stated in § 40-6-113, C.R.S. If no transcript or stipulation is filed, the Commission is bound by the facts set out by the administrative law judge and the parties cannot challenge these facts. This will limit what the Commission can review if exceptions are filed. 7 Before the Public Utilities Commission of the State of Colorado Decision No.R10.0728 DOCKET NO,10A-257R 12. If exceptions to this Decision are filed, they shall not exceed 30 pages in length, unless the Commission for good cause shown permits this limit to be exceeded. (S E A L) THE PUBLIC UTILITIES COMMISSION Of COLp� OF THE STATE OF COLORADO cis G. HARRIS ADAMS tit Administrative Law Judge L'1 urrt0 ATTEST: A TRUE COPY Doug Dean, Director Document(:SRS 8 EXHIBIT B To Contract Print Showing Crossing Location fl DELORME XMap® 7 IIc m Prc n X N W 41 n 4'750 w Western Mutual a Western Mutual Ditch 256 256 258) 5 Wester Mutlia ' ` a 74 rfd N 8 M/ I Ms a F It A85 / i O n 9 o \ 75 wi 1 ka / 3 --i: i _Pg ID- . ; 1 D-4 \ - WELDCOUNTYRD 42 f� 804-348NFA (111ST ( L� W;l II N)153/4 . —\. c 517, 7 \h� �I G+ , t"/ 6 F[57 un m m 5 / P CR 40 ST 4 o • 40 c WEIA COUNTY RD 40 85 .!,,T p .w _1/ r � � re•--„,.,......... ." 4o0 Gip V n 73 N CR 38 L - WELD COUNTY RD CR 38 CR 3.8 IAED COUNTILRD 38 - __ l I / II Data use subject to license. in Scale 1 : 25,000 * o liaq © DeL0rme. XMapC� 7. MNcs.7� u ° oo ,eoot 3000�� eoo e� 1000m www.delorme.com 1" = 2,083.3 ft Data Zoom 13-0 EXHIBIT C To Contract Railroad Company's Force Account Estimate DATE; 3012-01-25 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THS ONION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS '2012-07-25 DESCRIPTION OF WORK; INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS WITH GATES AT GILCREST, CO. CR 42 M.P. 41.04 ON TIME GREELEY SUBDIVISION DOTR 942434814 AORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW' SIGNAL - CODOT - 1003 ESTIMATED USING FEDERAL ADDITIVES W/O OVERHEAD AND INDIRECT CONSTRUCTION COSTS - SIGNAL • 105.61% SERVICE UNIT; 14 CITYt GILCREST STATE; CO DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING WORK ENGINEERING 6058 6059 6058 LABOR ADDITIVE 105.61% 11489 11489 11489 BIG-HWY %NO 4821 4021 4821 TOTAL ENGINEERING 2236R 22368 22360 SIGNAL MORK. BILL PREP. 900 900 900 CONTRACT 7669 7669 7669 LABOR.ADDITIVE 105.61% 47698 47698 47690 MAT.STORE EXPENSE 9 9 9 PERSONAL EXPENSES 24960 2496D 24960 POWER TINS RAISE 15000 15000 15000 ' ROCX/GRAVEL/PILL 1900 1900 1900 SIGNAL 44264 76690 120962 120962'. TRANEP/IB/OE/ACLU COWER 11627 11627 11627 TOTAL SIGNAL 92862 137863. 230725 230725 TRACK fi SURFACE WORK ENVIRONMENTAL - PERMITS 1 1 1 TOTAL TRACK 4 SURFACE 1 1 1 LABOR/MATERIAL EXPENSE 115230 137864 RECOLLECTIBLE/UPRR EXPENSE 253094 0 ESTIMATED PROJECT COST 253094 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OP AN INCREASE OR.DECREASE IN THE COST OR QUANTITY OP MATERIAL OR LABOR REQUIRED. UPAR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE PATE. FORM 30-1 PACE 01 MORE PORE ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROJ NO: 71397 A.W.O. NO: 13412 W.O. NO: RAILROAD: OM CO. H.I. Na, 1161410 LOCATIDN: -OELOREST:CO.CR 42 STATE2 CO DEPARTMENT: ENGINEERING SERVICES SERVICE UNIT: 14 VAL SEC: 0503 INSTALL AUSODWTIC PLASHING LIGHT CROSSING SIGNALS WITH GATES AT OILCREST, CO. CR 42 M.P. 41.04 ON THE GREELEY SUBDIVISION DOTS 5.04340N __-_ SIGNAL - COOOT - 1004 • FORM 30-1 PAGE 02 MORE MORE ORDER AUTKORIEATION-DETAIL OP ESTIMATED EXPENDITURES' PROD NOT 77387 A.N.0 NOT 13415 1.7.0. $0: RAILROAD: &PER Cp,. E,.I. NOT 1121110 IOCATIONF Si,1GCREETrco,tR 4$. 5TlvTBT CO D➢PAEIMENL'6'SNDINEERINO.SERVICES -VAG SECT 0503 ---- SCOPE OF WORK NUMBER SEC STATE 'RRON TO SEGMENT FACILITY 77397 6503 CO 91:04 41,04 .4646 FORM 30-1 PAGE 04 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROJ NO: 77397 A.W.O. HOt 13412 W.O, NO, RAILROAD, UPER CO. 8.1. NO: 1181410 LOCATION; OILCREST,CO,CR 42 STATE, CO DEPARTMENT' ENGINEERING SERVICES VAL SECt 0503 STOCK MATERIAL PLAN NUMBER DESCRIPTION COST OTT UM MAIL $ . 02040590 BATTERY,ONB, 90019, 472 AN. 273.50 13 EA 1556 09011240 CABLE TIE, NYLON 1 1/6' 14AX. DIA. 0.02 200 EA 4 09011980 CABLE TIE, NYLON 3 1/2' MAK. DIA. 0.19 20 EA 4 09014950 CIRCUIT BRKR,120/240Y 20A 2 POLE 14.65 1 BA 15 09015270 CIRCUIT BREAKER, 1200/2408 20A AC .6.46 3 EA 6 09054360 RELAY, OEN.PURP08E 120V. TAO 856 5.38 1 EA S 09057650 SOCKET,P-B 276122 TAB 816A 6 856 2,21 I EA 2 09065700 TAPE, ELECTRICAL PLASTIC 3.80 2 R B 09066900 TEPJ4INAL,SPADE,10-12 WIRE,08 STUD 0.17 10 EA 2 09137100 TSRM.LUO 3/16 CABLE-1/4 POST 2412 0.55 30 EA 17 09215100 33466 TERMINAL, RING TONGUE AMP 0.19 44 EA 8 09224750 216-101 TERMINAL,PERRULE,FOR 810 0.05 20 EA 1 09224800.216-104 TERMINAL, FERRULE, W 0.02 50 EA 1 09260350 TERNINAL,N16-14 88 SPADE 0.07 35 EA 2 09261420 321524-1 TERMINAL,TEST 16-22 A 1.78 4 EA 7 09261570 321527-1 TERMINAL, TEST 1.72 15 EA 26 09401140 ADAPTER, 4 INCH CARLON PLASTIC 2.95 -2 EA 6 09409820 BUSHING, 4' PLASITC,INSULATING 0.82 2 EA 2 09424920.CONDUIT, 4', PVC, TYPE 40 1.90 70 LF 133 09467930 LDCKNUT, 4 INCH, GALVANIZED 5.82 2 EA 12 09844170 ORODND ROD, 5/8 INCH X 8 FEET 9.10 10 EA 91 09846750 GRND.ROD CNN. 4WAY ONESHOT. 5.20 10 EA .52 09904000 WIRE, 02 TWO 3 CND 300 FT.BPCL 5.87 300 LF 1761 09908640 WIRE,116 ANO.1 COND.COPPER,SOLID 0.48 250 LF 120 09912200 WIRE 116 AW0 2 CND 500'ROLL SHIELD 2,05 3200 LF 6660 09913200 WIRE,06, 5 CONE 500'ROLL SHIELDED 4,00 500 LF 2000 09914550 WIRE,86, 5 CONO 1000'ROLL SHIELDS 4.09 1000 LF 4090 09915610 WIRE ES AND 1 CND COPPER, STRAW 0,77 210 LP 162 09930550 WIRE 810 ANTI 1 CORD COPPER, STRAW 0,24 550 LP 132 09932310 WIRE 010 AND 1 COED COPPER, TWIST 0.55 290 LP 160 09946100 WIRE 814, 7 CND 500' ROLL SHIELDS 1.66 500 LF 830 09980090 WIRE 816 AND I CONG COPPER, STRAW 0,10 1050 LP 106 09976180 WIRE,1122,TW.Pk. BELDEN 08761 0.13 20 LP 3 13547870 SHEET METAL SCREW, 010 X 1 INCH 3,53. 1 BE 4 13552450 SHEET METAL SCREW,012 X 3/4' 2.10 2 BX 4 13553150 SHEET 14ETAL SCREW 1112 X 1' 3.08 2 BX 6 17061400 PADLOCK,SIGNAL,WITHOUT KEY,AMERIC 15.10 12 EA 181 28033210 CARTON, 39 1/8'L X 23 1/4'W X 17 6.50 1 EA 7 28031230 CARTON, 47 3/4'L X 39 1/2'W X 18' 12.28 1 EA 12 28041880 PALLET, 48 X 40 INCH 2/WAY 9.90 2 EA 20 FORM 30.1 PAGE 05 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROJ NO: 77397 A.W.O. NO,. 13412 W.Q. NO: RAILROAD, OPER CO. B.I. NO, 115010 LOCATION: OILCREST,00,CR 42 STATE: CO DEPARTMENT: ENGINEERING SERVICES VAL SEC, 0503 33013860 OAKUM, TREATED PLUMBER SPUN 6.63 5 LB 33 35040020 PLASTER OF PARIS, NORP 10308 3.03 4 EX 12 39340220 SIGN. HIGHWAY CROSSINO,STANDARD 50.00 2 SA 100 hE2001a•rn-4tmn>+m.. .,n-+•mm^,w-•mm'SES___ 52003630 POWER CABLE, CABIN 70 OENERATOR - 96.44 1 EA 96 6200570D BOND MIRE,' STRANDS 100 LP. ROLL 0.87 250 LF 218 52016830 WIRE DUCT, 2%3 8.68 8 BA 69 52016940 WIRE DUCT, 3X3. 10.23 7 EA 72 52011510 WIRE DUCT WVSR 2'16' 1.88 8 SA 15 52017620 MIRE DUCT COVER 3'X6' 2.78 6 SA 17 52019530 ENCLOSURE,SR01(T,POLE MOUNTED.24X2 197.40 3 EA 592 52019560 EQUALIZER, H.D. TAB 583 9.30 11 BA 102 52021550 POUNDATION,4',STE&L,POR PLSHR/OAT 334.74 2 EA 669 52025270 HOUSE, 6K6, N/TIE, W/CLI)ATE CANT 8056.19 1 EA 8056 52027350 CLIP HOARD - FOR SIGNAL PRINTS 8.03 1 EA 8 52027430 STEP BOK 16.34 1 EA 16 52026420 LIONININO ARRESTOR,CLR-COMM TAB 3 7.00 41 EA 287 52030010 LIGHTNING ARRESTOR CONN.STRIP 7.86 4 EA 31 52039210 ASCTI'PLER,20EC,12V,TAB575 279.07 2 EA 558 52042650.POET, MOUNTING, FOR SHUNT HOUSING 19.50 6 EA 117 52069650 TERMINAL, 86 - 5 WIRE - RING TYPE 0.16 55 EA 9 52070010 TERMINAL,.112.10 MIRE,RING TONGUE 0.22 300 SA 66 52071600 TERMINAL,.820-16 WREATHE TON00S 0,09 150 EA 14 52072280 TERMINAL BLOCK, SIGNAL 2 POST BAK 4.57 28 EA 128 52072740 TERMING BLOCK,SIONAL.12 WET 6 UN 16.16 1 BA 16 52072960 TERMINAL BLACK, SIGNAL 12 PEST 15.56 12 EA 187 52674570 TEST LINK, 1' CENTER 70 CENTER 1.53 22 EA 34 52074580 TEST LINE. 2.3/68 CENTER TO CRETE 1.89 1 EA 2 52079550 WIRE TAG, PLASTIC - WHITE 0.14 200 EA 28 52079560 PARKING PRN(PQR WHITE TAG( 1,95 1 EA 2 52108120 LED FL/DATE ASSY.2 FIAT LIGHTS 6700.46 1 SA 6700 52108220 LED-EL/GATE ASSY..2WY41W45FL&FR 8271.53 1 EA 8272 52109370 GATE ARM, ADJ.16.32' 428,07 2 EA :856 52122140 HIGH WIND BRACKET 5'OR 48 65.77 2 EA 132 52136380 SHEAR BOLT,7408297-1,NE0 5.48 2 BA 11 52136480 SHEAR IIN,74082W-2,NEG 4.73 2 EA 9 52137160 GUARD RAIL, 728 DIA. SEMICIRCLE 672.06 2 BA 1344 52207100 ORDRNO FADER OCP4000 211C.MAX L4/S6 14744.06 1 L, 14744 52214260 DU/24Y LOAD, 4000. FT. TAB 644 78,61 1 EA 39 52250960 NEB, TAB 640; 62775-0621 489.73 3 EA 1469 52263600 SURGE ARRESTOR,METER LOOP. 30.97 1 EA 31 52262690 SURGE PANEL - TAB 619 122.28 1 EA 122 52264040 SURGE PANEL - TAB 618 183.32 1 FA 183 52264500 TRACK FILTER - TV 86 226.70 2 EA 454 52264520 TRACK FILTER • TF 114 226.70 2 EA 453 52267200 TRANSCEIVER M7OULE. FOR OCP 4000 2757.62 2 EA 5515 I i ® 0121'di 01 2133O03c a . �yy _ 33t e• o�' P d X Yi BnBF d C l3 t y tl j R lk 1 gEE [[ g i LI ti 0 i Emplii d =4g a a e e a e a e uto a idle n N N I• � • F j 9333 �� tll -- R®EICDFSF®. Iear it:ata I P 1 Ell f u i �.a 1 „„ Y f l -- 'C, ti L # f aaa. 3 g F •• 4 "'PiE L— A syi 3Q ® gmi ` F • B lib `1 w ., AT I It p9 • i ,, • tale b III a g 0Ical T tI I B YI 4105 W I_ S- niz* !o F SYg c7JbE�f an iLi:141 Ili, ' "<, Fie call 8i'F ip " 7A@ i •. a o 3 IT0 p gg 2 a �� ( 0.3 1 ( — '___ e 3T 1 . ® il Ola"02 VW 01 Sl]7NN07 0 O I I J AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS ESTIMATED MAINTENANCE COSTS FOR PID# 77397 BUILDING AM1CAe Mille me THE UNION PACIFIC RAILROAD STREET CR42 TOWN GILCREST,CO MILEPOST 41.03 SUBDIVISION GREELEY c RlDL19:111G1— — ...— —A0434851 . WORK ORDER!, 13412 DESCRIPTION UNIT VALUE QUANTITY UNITS NON-CODED TRK.CIRCUIT,lemma.AFTAcor Rini te) 2 0 0 SUPERIMPOSED CIRCUIT(irrac)/DETECTION LOOP 2 0 0 HIGHWAY GRADE CROSSING SIGNAL 2 4 8' (ONE PAIROF FLASHING LIGHTS) ADDITIONAL PAIR OF LIGHTS 1 2 2 GATE MECHANISM,AUTOMATIC 8 2 16 WITH ARM UP TO 26 FT GATE MECHANISM,AUTOMATIC 10 0 0 WITH ARM OVER 26 FT GCP/HXP(Camlantnanlae dnice,per lnrkdreml) 15 2 30 EXIT GATE MANAGEMENT SYSTEM RACK" 10 0 0 MOVEMENT DETECTOR(PMD) 6 0 0 MOVEMENT DETECTOR(STANDBY UNIT) 3 0 0 RADIO DATA LINK,PER UNIT 1 0 0 PREEMPTION CIRCUIT 2 1 2 DATA RECORDER 1 0 0 REMOTE MONITORING DEVICE* 2 1 2 BONDED RAIL JOINTS (per ink,nub ne,W,pebonded) 1 0 0 BATTERY AND CHARGER(penal) I 2 2 TOTAL UNIT COUNT 62 PAVEMENT RESTORATION COSTS (Actual) Annual Mnlntennnee Coal nt SIT6/Unit $10,540 'UP supplied Unit Value January 25,2012 EXHIBIT C- 1 To Contract Railroad Crossing Surface Material Estimate DATE: 2012-02-01 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2012-08-01 DESCRIPTION OF WORK: 2010 RECOLLECTIBLE PROJECT GREELEY SUB / MP 41.03 GILCREST, CO. / CR 42 / DOT #804348W INSTALL 16 TF OF CONCRETE CROSSING SURFACE WITH RAIL AND TIES COST: MATERIAL 100% CDOT / LABOR 100% ESTIMATED USING FEDERAL ADDITIVES WITHOUT INDIRECT AND OVERHEAD - 142% PID: 68163 AWO: 04217 MP,SUBDIV: 41.03, GREELEY SERVICE UNIT: 14 CITY: GILCREST STATE: CO DESCRIPTION QTY UNIT LABOR MATERIAL RECOIL UPRR TOTAL ENGINEERING WORK ENGINEERING 1000 1000 1000 LABOR ADDITIVE 142% 1420 1420 1420 TOTAL ENGINEERING 2420 2420 2420 TRACK 6 SURFACE WORK BALAST 2.00 CL 702 1651 1651 702 2353 BILL PREP 900 900 900 ENVIROMENTAL PERMITS 10 10 10 EQUIPMENT RENTAL W/OFER 10000 10000 10000 FIELD WELD 1027 1027 1027 FOREIGN LINE FREIGHT 200 200 200 HOME LINE FREIGHT 900 900 900 LABOR ADDITIVE 142% 7379 7379 7379 MAIL STORE EXPENSE 1190 1190 1190 OTM 842 11208 11208 842 12050 RAIL 160.00 IF 189 4040 4040 189 4229 • RDXING 16.00 TF 767 15454 15454 767 16221 SALES TAX 1476 1476 1476 TRAFFIC CONTROL 5000 5000 5000 TRK-SURF,LIN 2741 2741 2741 WELD 684 574 574 684 1258 WORK TRAIN 510 510 510 WT/CS ADDITIVE 295% 1504 1504 1504 XTIE 74.00 EA 1197 4014 4014 1197 5211 - TOTAL TRACK 6 SURFACE 17542 56617 56617 17542 74159 LABOR/MATERIAL EXPENSE 19962 56617 RECOLLECTIBLE/UPRR EXPENSE 56617 19962 ESTIMATED PROJECT COST 76579 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. 1 PORN 30-1 PAGE 01 MORE WORK ORDER AUTHORIZATION-DETAIL OP ESTIMATED EZPENDIIVRSS PROJ NO: 66163 A.N.O. NO: 04217 N.O. NO: RAILROAD: UPER CO. H.I. NO: 101000 LOCATION: GILCREST,CO,CR 42 STATE: CO DEPARTMENT: ENGINEERING SERVICES SERVICE UNIT: 14 VAL SEC: 0503 2010 RECOLLECTIBLE'PROTECT • GREELEY SUB / MP 41.03 GILCREST, CO. / CR 42 / DOT 6804340N INSTALL 16 TP OP CONCRETE CROSSING SURFACE WITH RAIL AND TIES UNWAD BALLAST / SURFACE TRACK COST: MATERIAL 1006 COOT / LABOR 100% DPRR ESTIMATED USING STANDARD RAILROAD LABOR ADDITIVES - 1426 • • PORN 30-1 PAGE 02 MORE WORK ORDER AUTHORIZATION-DETAIL OP ESTIMATED EXPENDITURES i . PROJ NO: 68163 A.W.O. NO: 04217 W.O. NO: RAILROAD: UPRR CO. B.I. NO: 10@!10 LOCATION: GILCREST,CO.CR 42 STATE: CO DBPARTNENT: ENGINEERING SERVICES VAL SEC: 0503 SCOPE OP WORK PROJECT VAL H.P. N.P. JOINT NUMBER SEC STATE PROM TO SEGMENT FACILITY 66163 0503 CO 41.03 41.03 4645 PROJECT NUMBER 68163 N.P. N.P. TRACK SEGMENT NUMBER NUMBER OF TNS OF TRACK FROM TO TYPE NUMBER OF ATIES SWIFTER BALAST FEET luBE 41.03 41.03 SI7B1 4645 0 0 190 0 0 1 I FORM 30-1 PAGE 04 MORE WORK ORDER AUTHORIZATION-DETAIL OP ESTIMATED EXPENDITURES PROJ NO: 68163 A.W.O. NO: 04217 M.O. NO: RAILROAD: UPRE CO. H.I. NO: 106N10 LOCATION: GILCREST,CO,CR 42 STATE: CO DBPAR1M62A': ENGINEERING SERVICES VAL SEC: 0503 STOCK MATERIAL PLAN ITEM ITEM UNIT DIRECT NUMBER DESCRIPTION COST QTY UM MATL $ 13054000 TIMBER SPIKE, TORXNEAD 3/4° X 12' 1.85 36 EA 67 50210000 SNITCH TIE 7' X 9" X 10' 65.02 20 EA 1300 50279910 CROSS TIE NO DRILL 7° X 9" X 9' N 50.26 54 EA 2714 50361010 ECL2055 GALA RH B-CLIP PANDROL 2.45 80 EA 196 50386210 WOOD SCREW SPIRE 15/16 X 6-1/2 1.66 160 EA 266 50390200 TIE PLATE 7.75 X 16, 6° BASE E-CL 11.22 40 EA 449 54002000 ASPHALT, CROSSING FILL 90.00 144 TN 12960 54013010 131-141# CONC XING 8'L (10' WOOD? 1214.00 2 ST 2428 55016500 RAIL ANCHOR 6° BASE UNIT 1.32 216 BA 285 55067070 TRACK SPIKES 5/8 X 6 - 150# KEGS 79.54 2 KE 191 55113900 RAIL 136# BC Hi NEW BBB 25.25 160 LF 4040 55243930 TRANSITION RAIL, 136#N/133#W 37.5 2160.61 4 RA 8642 55255260 FIELD WELD KIT, 133# ONE SHOT 59.02 4 EA 236 55255300 FIELD WELD KIT, 136# ONE SNOT 58.88 5 EA 294 55264570 PACKING SAND, PRE-MIXED (PER SACK 22.35 1 CA 40 55264930 REFRACTORY PASTE 1.84 2 EA 4 55432400 TIE PLATE 7-3/4 X 16, 6" EASE 6H 10.92 108 EA 1179 56207660 BALLAST, CLASS 1 °D° 8.69 190 TN 1651 TOTAL 36,942 MAIL STORE SXP 1,191 SALES TAX 1,477 EXHIBIT D To Contract Civil Rights Exhibit CIVIL RIGHTS EXHIBIT In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself,its assignees and successors in interest, agree as follows: A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation(Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the"Regulations"), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination. The Contractor, with regard to the work performed by it after ward and prior to completion of the contract work, will not discriminate on the ground of race,color,sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts,Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractors' obligations under this contract and the Regulations relative to nondiscrimination of the ground of race, color, sex,mental or physical handicap or national origin. D.Information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books,records, accounts, other sources of information,and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information,the Contractor shall so certify to the State,or the FHWA as appropriate,and shall set forth what efforts have been made to obtain the information. E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract,the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate,including, but not limited to: (1) Withholding of payments to the Contractor under the contract until the Contractor complies,and/or; (2) Cancellation, termination or suspension of the contract, in whole or in part. F. Incorporation of Provisions. The Contractor will include the provisions of Paragraphs A through F in every subcontract,including procurement of materials and leases of equipment,unless exempt by the Regulations, orders or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however,that, in the event the Contractor becomes involved in,or is threatened with,litigation with a Subcontactor of supplier as a result of such direction,the Contractor may request the State to enter such litigation to protect the interests of the State and,in addition, the Contractor may request FHWA to enter into such litigation to protect the interest of the United States. Hello