HomeMy WebLinkAbout20122938.tiff RESOLUTION
RE: APPROVE SUPPLEMENTAL AGREEMENT REGARDING PAYMENT OF COSTS
FOR CONSTRUCTION OF IMPROVEMENTS TO COUNTY ROAD 80 CROSSING
AND AUTHORIZE CHAIR TO SIGN - UNION PACIFIC RAILROAD COMPANY
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 Supplemental Agreement Regarding
Payment of Costs for Construction of Improvements to County Road 80 Crossing between 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, and Union Pacific Railroad Company,
with terms and conditions being as stated in said supplemental agreement, and
WHEREAS, after review, the Board deems it advisable to approve said supplemental
agreement, 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 Supplemental Agreement Regarding Payment of Costs for
Construction of Improvements to County Road 80 Crossing between 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, and Union Pacific Railroad Company be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said supplemental agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of October, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CO
ATTEST: Pft 1 `� .�` — c________Sean P. way, Chair
WeId-County lerk to - • •� ` ',
1/42 CIA
am , William . Garcia, Pro-Tpm
Deputy Clerk to the •�'C•r �. j s )� � 4/1{-ly -
r /
Ba ra Kirkmeyer
VEDAS M: c ' --,,\7 z; 0
Douglmac er
Date of signature: k:/-2-5-
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iD -Si- &G/4' 2012-2938
EG0066
MEMORANDUM
To the Board of County Commissioners:
Please indicate below whether you would like a Work Session to further discuss this issue.
This agreement is a supplement to the MOU entered into between Weld County and Union
Pacific Railroad Company (UPRR) on January 28, 2011.
That Agreement covered three (3) railroad crossings, including one located on Weld County
Road 80. That particular crossing was to be up-graded to a crossing with electronic signals. The
project was to be paid for in part with funds from the Highway-Rail Signalization Fund.
Weld County and UPRR had been required to have a hearing before the Public Utilities
Commission to obtain approval of the project before the funds could be awarded. That hearing
was held and the PUC did approve the project; the Administrative Judge's Order required Weld
County to notify the PUC when the project was completed, and to submit the final billing
documents with a request for payment from the Highway-Rail Signalization Fund.
In keeping with prior agreements with UPRR, the County had agreed in the MOU and in the
Construction Agreement to pay UPRR expenses as UPRR sent its statements. The parties
expected that the County would be reimbursed with the PUC funds. Copies of the Agreements
(the MOU and the Construction Agreement) were provided to the PUC for its review and
approval.
Approximately a month ago, as the County and UPRR were nearing the completion of the
project, a PUC representative informed UPRR and the County that the PUC did not contemplate
payment of the money from the Highway-Rail Signalization Fund directly to the County. This
led to conversations with UPRR as to whether the bills from UPRR to the County should
continue to be paid by the County or simply held until the project funds were paid out. As the
earlier Agreement between the parties contemplated the County's payment, it was agreed that the
contract provisions should govern this issue. To remedy the awkward situation created by the
PUC's announcement, UPRR agreed to enter into this Supplemental Agreement to reimburse the
County when the Highway-Rail Signalization Funds were paid to it.
As the attached document reflects, UPRR has signed the Supplemental Agreement. The Public
Works staff and the County Attorney's office recommend that the Board also sign this
Agreement.
Thank you— Stephanie Arries
Work Session No Work Session 2012-2938
Sean Conway ✓
William Garcia
Barbara Kirkmeyer
Dave Long d
Doug Rademacher 17-
. .
Supplemental Agreement Regarding Payment of Costs
For Construction of Improvements to WCR 80 Crossing
THIS AGREEMENT is made this 2. day of October, 2012, by and between the County of
Weld, State of Colorado, by the Board of County Commissioners of Weld County, a body politic
of the State of Colorado, (hereinafter "Weld County "), and Union Pacific Railroad Company, a
Delaware Corporation, (hereinafter"UPRR").
WHEREAS, Weld County and UPRR entered into a Memorandum of Understanding on the 28`h
day of January, 2011, (hereinafter " the MOU" whereby each agreed that one railroad crossing
would be closed and two railroad crossings would be upgraded and improved, and
WHEREAS, the MOU established certain obligations and procedures concerning payment of the
costs associated with the three MOU projects, and
WHEREAS, pursuant to the terms of the MOU, Weld County and UPRR executed a "Public
Highway At-Grade Crossing Improvements Agreement" addressing the improvements to be
constructed at Weld County Road 80, (hereinafter, referred to as the " WCR 80 Project"), which
was one of the three projects contemplated by the MOU, and
WHEREAS, the payment procedure timing contemplated by the MOU and the Improvements
Agreement has been subsequently disapproved by the Colorado Public Utilities Commission
(hereinafter referred to as the "CPUC"), and
WHEREAS, a portion of the costs for the Weld County Road 80 project is to be paid by the
Highway-Rail Signalization Fund, after the project has been completed and accepted by the
CPUC, and
WHEREAS, Weld County and UPRR wish to address the manner in which the expenses of the
WCR 80 project will be paid,
NOW THEREFORE, the parties stipulate and agree as follows:
1. UPRR may submit to Weld County a statement of all expenses which are subject to
reimbursement by either Weld County or the Highway-Rail Signalization Fund on a monthly
basis.
2. Weld County shall pay all such expenses to UPRR within thirty (30) days of the receipt
of said statement of expenses.
3. All statements of expenses currently held by Weld County which have not paid shall be
paid within fifteen (15) days of the parties' execution of this Agreement.
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4. Following the CPUC's approval of the WCR 80 Project, Weld County shall file a motion
with the CPUC requesting payment of the funds approved from the Highway-Rail Signalization
Fund.
5. The parties agree that if the funds awarded by the Highway-Rail Signalization Fund are
paid to UPRR and result in the payment of expenses previously reimbursed by Weld County,
UPRR will repay those dollars to Weld County within sixty (60) days of its receipt of the funds
paid to UPRR.
Weld County and Railroad have executed this Agreement this day of October, 2012.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By
PA G. F •I•EL
Senior •' .i age r Contrac
COUNTY:
ATTEST ,,BOARD OF COUNTY COMMISSIONERS
Weld County Cl rk to the Board WELD COUNTY, COLORADO
By: n _ By: �� .
Deputy er. t!" :ha Sean P. Conway, Chairman
as OCT 012
1661 '. -' �.
int
2
RESOLUTION
RE: APPROVE PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT
AGREEMENT FOR COUNTY ROAD 80, REIMBURSEMENT OF INCURRED COSTS,
AND AUTHORIZE CHAIR TO SIGN - UNION PACIFIC RAILROAD COMPANY
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 Public Highway At-Grade Crossing
Improvement Agreement and Reimbursement of Incurred Costs of $1,000.00, between 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, and Union Pacific Railroad Company,
commencing upon full execution, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Public Highway At-Grade Crossing Improvement Agreement
and Reimbursement of Incurred Costs of $1,000.00, between 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, and Union Pacific Railroad Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of December, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:'.G+M-• {%&.tai_ 2
arbara Kirkmeyer Chair
Weld County Clerk to the Board
/ F LO can 3Tc ",Pro-Tern
BY:
Deputy &1-rk to the Boa ^'`•: ✓J
rsisr . Garcia
APPRPVYDR5S ORM: O c,'�'� 4 \
avid E. Long
I
min Attorney r� (tar
ouglas ademach r
Date of signature: I-
o� S} cmuL( A
C�- Poi 2011-3302
-a.2 -// �_I1.I EG0064
UNION PACIFIC RAILROAD COMPANY MON
PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA'
Non-Standard Form-Approved.AVP-Law 10/18/11
Exhibit B Railroad's Material and Force Account Estimate
Exhibit C Railroad's Form of Contractor's Right of Entry Agreement
SECTION 2.
The Railroad, at County's expense, shall furnish all labor, material, equipment and
supervision for the Crossing Area improvements, including:
• The installation of flashing lights, gates, and a cabinet at Weld County Road 80;
• Engineering; and
• Flagging.
SECTION 3.
A. The work to be performed by the Railroad, is described in the Railroad's Material and Force
Account Estimate(s) attached hereto as Exhibit B:
B. The Railroad,if it so elects,may recalculate and update the Estimate submitted to the County
in the event the County does not commence construction on the portion of the Project located
on the Railroad's property within six (6) months from the date of the Estimate.
C. The County acknowledges that the Estimate does not include any estimate of flagging or
other protective service costs that are to be paid by the County or the Contractor in
connection with flagging or other protective services provided by the Railroad in connection
with the Project. All of such costs incurred by the Railroad are to be paid by the County or
the Contractor as determined by the Railroad and the County. If it is determined that the
Railroad will be billing the Contractor directly for such costs,the County agrees that it will
pay the Railroad for any flagging costs that have not been paid by any Contractor within
thirty(30) days of the Contractor's receipt of billing.
D. The County agrees to reimburse the Railroad for eighty percent (80%) of all actual costs
incurred by the Railroad in connection with the Project including,but not limited to,actual
costs of preliminary engineering review,construction inspection,procurement of materials,
equipment rental, manpower and deliveries to the job site and all of the Railroad's normal
and customary additives(which shall include direct and indirect overhead costs)associated
therewith.
E. The Railroad shall submit progressive billing to the County during the course of the Project,
and within one hundred twenty(120)days after completion of the Project,the Railroad shall
calculate and send to the County a final billing of the total actual costs incurred by the
Railroad.
SECTION 4.
A. The County,at its expense,shall prepare,or cause to be prepared by others,the detailed plans
and specifications and submit such plans and specifications to the Railroad's Assistant Vice
President Engineering—Design,or his authorized representative, for review and approval.
The plans and specifications shall include all Roadway layout specifications,cross sections
and elevations, associated drainage, and other appurtenances.
B. The final one hundred percent (100%)completed plans that are approved in writing by the
11111111111111111111111 III 111111111111 III 11111 it IIII of 5 November 16,2011
3824845 02/14/2012 12:26P Weld County, CO
2 of 24 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
` DATE: 2012-01-12
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2012-07-12
DESCRIPTION OF WORK:
INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS
WITH GATES AT AULT, CO CR. 80 M.P. 61.99
ON THE GREELEY SUBDIVISION DOT# 804860T
WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW
SIGNAL - STATE - 80%
PID: 73138 AWO: 08927 MP,SUBDIV: 61.99, GREELEY
SERVICE UNIT: 14 CITY: AULT STATE: CO
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
ENGINEERING WORK
BILL PREP 900 720 180 900
CONTRACT 8067 6453 1614 8067
ENGINEERING 5422 4337 1085 5422
LABOR ADDITIVE 167.76% 105740 84592 21148 105740
PERSONAL EXPENSES 29775 23820 5955 29775
ROCK/GRAVEL/FILL 3000 2400 600 3000
SIG-HWY XNG 57608 46085 11523 57608
TRANSP/IB/0B/RCLW CONTR 12015 9612 2403 12015
TOTAL ENGINEERING 169870 52857 '_78019 44503 222527
SIGNAL WORK
MATL STORE EXPENSE 9 7 2 9
SALES TAX 3226 2581 645 3226
SIGNAL 80672 64538 16134 60672
TOTAL SIGNAL 83907 67126 16781 83907
TRACK & SURFACE WORK
ENVIRONMENTAL - PERMITS 1 1 1
TOTAL TRACK & SURFACE 1 1 1
LABOR/MATERIAL EXPENSE 169670 136765
RECOLLECTIBLE/UPRR EXPENSE 245146 61289
ESTIMATED PROJECT COST 306435
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 CR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED,
UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
I Il O 1111111111111N 111111111111 III IIIII IIII IIII
3824845 02/14/2012 12:26P Weld County, CO
9 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,
MEMORANDUM OF UNDERSTANDING REGARDING CROSSING CHANGES IN THE
INTERESTS OF PUBLIC SAFETY AT WELD COUNTY ROADS BY: REALIGNMENT
OF COUNTY ROAD 54 AND UNION PACIFIC TRACKS,
CLOSING OF AN EXISTING CROSSING,AND
SIGNAL INSTALLATION AT CROSSING ON COUNTY ROAD 80
THIS MEMORANDUM OF UNDERSTANDING("MOU") is made this;? day of
14v ' d/ , 2010, by and between the COUNTY OF WELD, State of Colorado by the Board
of County Commissioners of Weld County (hereinafter"Weld County"),and UNION PACIFIC
RAILROAD COMPANY, a Delaware Corporation(hereinafter"Railroad").
WITNESSETH:
WHEREAS, Weld County and Railroad are responsible for operating and maintaining their
respective roads and tracks within their respective boundaries, without detriment to the public
health and safety; and
WHEREAS, Railroad maintains certain of its railroad tracks within Weld County, which, at
several locations intersect with Weld County roads at crossings; and
WHEREAS, the road configuration,an offset alignment at Weld County Road(WCR) 54,
at or near where it intersects the Railroad's tracks, has caused traffic accidents on Weld County
Road 59, such that Weld County has sought Railroad cooperation in a reconfiguration of its
crossing; and
WHEREAS, the reconfiguration of WCR 54 to solve Weld County's traffic problem will
result in a relocated and skewed crossing that is of no benefit to the Railroad; and
WHEREAS, the Railroad has agreed to assist Weld County with its reconfiguration project
at WCR 54 and the construction of the realigned at grade railroad crossing thereon,provided that
Weld County participates in two additional projects which have been identified as priorities for both
of the parties to this MOU:
1. The installation of flashing lights, gates and a cabinet at the crossing on Weld
County Road 80, (hereinafter"WCR 801;
2. The closing of one crossing on the Greeley Subdivision as agreed upon by both
parties; and
WHEREAS,the parties recognize that the projects described in this MOU are extensive and
require significant allocations of resources on the pan of both parties; and
WHEREAS, the decision to select these particular projects has been the result of
negotiations in which the priorities of each party have been addressed, so that the selection of these
projects by both parties is to be considered together and the projects are to be considered contingent
upon one another.
NOW,TIIEREFORE, in consideration of the mutual promises and covenants contained
herein, Weld County and Railroad agree as follows:
1. New At-grade Crossing, on WCR 54
a. Railroad agrees to support Weld County's application to the Colorado Public
Utilities Commission (hereinafter"CPUC")to reconfigure WCR 54 and
create a new at-grade crossing by filing an Intervention by Right only,
provided that: I) Weld County has taken measurable steps to pursue funding
and CPUC approval under Section 2 of this MOU and 2) Weld County has
granted closure approval of WCR 31 or an alternative crossing pursuant to
Section 3.
b. The newly realigned at-grade roadway crossing will consist of a new concrete
crossing pad and cross bucks with yield signs. It is not anticipated that the
CPUC will require this project to include flashing light signals with gates at
this time. If Railroad reestablishes daily service on this line eighty percent
(80%) of the time, or if the Parties agree that other unforeseen safety
concerns have arisen at the crossing, Weld County will budget for the
improvements within the following fiscal year,and will file an application
with the CPUC to construct the above improvements within that period. As a
part of the application process, Weld County will enter into a Construction
and Maintenance Agreement with Railroad and will agree to pay all costs
associated with the design and installation of flashing gates and lights(or
whatever advance warning signals are recommended and approved by the
CPUC). However, Weld County may apply for and utilize funds for this
project which may he made available to it through the federal government
and/or the State of Colorado. Railroad agrees that it shall provide notice of
the establishment of daily service on this line eighty percent(80%) of the
time, within thirty(30)days of said action, so that Weld County may begin to
budget for and/or apply for the funds necessary to construct the required
upgrades.
c. Weld County must acquire right-of-way from various landowners, including
the Railroad, in order to reconfigure WCR 54 and construct the newly aligned
WCR 54 crossing. Railroad acknowledges that the process may lake several
months, or longer, and that Weld County may be unable to complete the
process for a period of up to three years, or longer, depending upon the
availability of funds. Weld County acknowledges that it is not the Railroad's
responsibility to resolve such access and acquisition issues and that the
Railroad's cooperation in this regard has significant value to Weld County
who agrees to take due and diligent measurable steps toward resolving such
issues,and will keep Railroad advised of its progress on the first day of each
year,commencing January 31,201 1.
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d. Weld County agrees that it shall be solely responsible for the payment of all
costs and expenses associated with the reconfiguration of WCR 54 and
construction of the WCR 54 crossing realignment. Weld County shall pay all
of Railroad's costs and expenses incurred in connection with this project.
e. Railroad agrees to use commercially reasonable efforts to perform its
engineering and construction responsibilities for the WCR 54 crossing in a
timely manner and in conjunction with Weld County's construction efforts.
Both parties acknowledge that neither shall bear liability for delays,which
either may experience, that are caused by operational and/or weather-related
emergencies, and each shall exert best efforts to resume construction as soon
as it is safely possible under the circumstances.
2. Installation of New Flashing Lights,Cates, and Cabinet At WCR 80 Crossing.
a. The parties have been informed that the CI'UC currently has funds available
from the"Highway-Rail Signalization Fund"for road improvements needed
for safety purposes. Railroad agrees to cooperate with Weld County's
submission of an application to the CPUC for said funds.
b. If the CPUC awards funds for the WCR 80 project, the Railroad agrees to pay
twenty percent(20%)of the total cost of the signals at the crossing as
required by C.R.S. 40-4-106(2)(b). Weld County agrees that its application
for this project shall make the CPUC aware of the consideration and
contingencies related to this three-part agreement, and shall respectfully
request that the CPUC allocate the statutory minimum cost to Railroad
accordingly. The parties further agree that if the CPUC allocates more than
twenty percent(20%)of the project costs to the Railroad, Weld County shall
pay the additional amount resulting from the excess percentage allocated to
the Railroad by the CPUC. Additionally, if the combined amounts of the
CPUC award from the Highway-Rail Signalization Fund,the twenty percent
(20%) required of Railroad,and the amount required of Weld County, are
insufficient to pay all expenses associated with the WCR 80 upgrade, Weld
County alone shall pay all additional expenses.
The parties to this MOU understand and agree that the total cost of the
project is expected to be approximately Four Hundred Twenty-Two
Thousand One Hundred Seven and no/100 Dollars ($422,107),that the
CPCU is expected to award approximately One Hundred and Sixty-Five
Thousand and no/100 Dollars, ($165,000), that Weld County's contribution is
expected to he approximately One Hundred Seventy-two Thousand Six
Hundred Eighty-six and no/I00 Dollars, ($172,686),and that Railroad's
contribution is expected to he approximately Eighty-four Thousand Four
Hundred Twenty-one and 40/100 Dollars ($ 84,421.40). Pursuant to Colorado
Revised Statutes § 40-4-106(b),the Railroad is required to contribute twenty
percent (20%)of the total cost of signals at this crossing and,therefore,the
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final dollar amounts to he contributed by the County and Railroad will be
determined at the time of actual construction.
d. Weld County expects to submit its application for funding to the CPUC by
November 30, 2010, if Railroad submits the PE Agreement and its cost
estimate to County in time for County to incorporate those items into an
Application. lithe Application is not submitted on or before November 30,
2010, because Weld County has not received these items from the Railroad in
time,the Application will be submitted as soon thereafter as the County can
assimilate them into the Application and file it with the CPUC.
e. In the event that the CPUC fails to award any funds for the upgrade of the
WCR 80 crossing, Weld County shall pay all of its own expenses and all
expenses incurred by Railroad which are associated with said upgrade.
Railroad further agrees that it and Weld County shall execute a Construction
&Maintenance Agreement within twelve(12)months, following the
County's receipt of the Signal Estimates for WCR 80 from UPRR. Weld
County shall be allowed up to three (3) years from the date of the
Construction& Maintenance Agreement to provide a Notice to Proceed to
the UPRR on the WCR 80 Signalized Crossing Project.
Upon receipt of Weld County's Notice to Proceed, Railroad agrees to
perform its engineering and construction responsibilities for the WCR 80
crossing in a timely manner.
3. Closure of Weld County Road At-grade Crossing 31 on the Greeley
Subdivision.
a. Weld County is aware that Railroad requires closure of at least one Weld
County crossing on the Greeley Subdivision as a condition of its support for
the reconfiguration of the WCR 54 crossing and its twenty percent (20%)
contribution to the WCR 80 project. Weld County agrees to act on the matter
of the closure of the WCR 31 crossing on or before December 31,2010.
Upon making a favorable determination that the a closing should be made,
Weld County further agrees to promptly enter into a Public Crossing Closure
Agreement with the Railroad and submit its Closure Application to the CPUC
as soon as possible thereafter.
b. Railroad agrees to support Weld County's Closure Application by entering
into a Public Crossing Closure Agreement for WCR 31, if Weld County is
able to approve said closure. If, however, Weld County is unable to approve
closure of WCR 31, Weld County agrees to promptly apply for closure of one
of the alternative crossings listed in order of priority, as set forth in Section
3(c) below, and Railroad agrees to support that application. Railroad will
draft all Stipulated Closure Agreements for presentation to Weld County and
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upon notice of its unconditional formal approval, shall provide a first draft
the Closure Application for Weld County to submit to the CPUC.
c. Railroad acknowledges that prior to formal approval of the closing of the
WCR 31 crossing, Weld County may determine that said closure may not be
in the best interests of the citizens of Weld County. In the event that Weld
County makes the determination that the crossing at WCR 31 should not he
closed,or if the CPUC determines that said crossing should not be closed,
Weld County agrees to promptly pursue the closure of one of the following
public at-grade crossings: WCR 29, WCR 38,or WCR 78, by the process set
forth in Section 3(b).
d. In all instances, Weld County agrees to perform its signage, engineering and
construction responsibilities for the closing of any crossing finally approved
in a timely manner, in conjunction with Railroad's construction efforts, all of
which shall he in accordance with the MUTCD,and all related CPUC
decisions
4. Termination of Participation in MOU.
a. Either party may, for any reason,terminate its participation in this MOU
upon providing sixty(60) days' written notice to the other party.
b. If Weld County terminates any portion of this MOU, it shall pay Railroad for
all Preliminary Engineering and other out-of-pocket costs and expenses
incurred by Railroad in connection with any of the three(3) projects
described above.
e. If Weld County elects to terminate the project described in Section 3 herein,
the provisions of Sections 1 and 2 shall automatically terminate for failure of
a condition precedent.
S. Adoption of Future Agreements to Implement This MOU. The parties
acknowledge and agree that prior to the commencement of each project
contemplated by this MOU, both parties shall execute all necessary formal
Agreements, which define each party's rights and responsibilities with regard to said
project.
6. Modification.
a. This MOU contains the entire MOU and understanding between the parties
and supersedes any other MOUs concerning the subject matter of this MOLE
whether written or oral.
b. No modification,amendment, novation,renewal or other alteration of this
MOU shall be deemed valid or of any force or effect whatsoever, unless
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mutually agreed upon in writing by all parties. However, the MOU may be
modified to comply with any CPUC decision rendered relating to Sections I,
2or3.
7. Assignment. This MOU shall not be assigned, enlarged, amended,extended,
modified or altered by either of the parties hereto, except in writing, signed by both
parties as an amendment hereto.
8. Force Majeure. Notwithstanding anything contained herein to the contrary,it is
agreed that in the event and to the extent that fire, flood,earthquake, natural
catastrophe, explosion, accident, war, illegality, act of God,or any other cause
beyond the control of either of the parties hereto, or strikes and labor troubles
(whether or not within the power of the party affected to settle the same) prevents or
delays performance by either party to this MOU, such party shall be relieved of the
consequences thereof without liability,so long as and to the extent that performance
is prevented by such cause; provided, however,that such party shall exercise due
diligence in its efforts to resume performance within a reasonable period of time.
9. Waiver. No waiver by either of the parties hereto of any of the terms and conditions
of this MOU shall be deemed to be or be construed as a waiver of any other term or
condition of this MOU,nor shall a waiver of any breach of this MOU be deemed to
constitute a waiver of any subsequent breach of the same provision of this MOU.
10. Contingencies.
a. Issues concerning funds limitation. Weld County is a Colorado public entity
and all financial obligations extending beyond the current fiscal year are
subject to funds being budgeted and appropriated therefore. Furthermore,
Colorado law forbids Weld County from entering into agreements which
encumber government funds beyond the current fiscal year. Therefore, in the
event sufficient funds are not appropriated, budgeted or made available to
Weld County to meet its obligation under Sections 1 and 2 of this MOU,
Weld County must unilaterally terminate those two provisions by giving
written notice to Railroad by last day of the eleventh (11th) month of the
fiscal year.
b. This MOU and the obligations of the parties are expressly contingent upon
the ability of Weld County to budget and appropriate the funds needed to
fulfill its obligations hereunder. The parties understand and agree that the
nonavailability of government funds could cause the projects referenced in
Sections 1 and 2 to be delayed; however, Weld County agrees to diligently
work to complete the crossing closure according to the perimeters set forth in
Section 3 and the remaining two projects in as timely a manner as is feasibly
possible.
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c. To the extent that financial obligations in this MOU extend beyond the
current fiscal year. they are subject to funds being budgeted and appropriated
to fulfill Weld County's obligations regardless of whether its fiscal year(s)
coincide(s) with the annual term of this MOU.
11. Headings. Paragraph headings in this MOU are for convenience and reference only
and shall in no way define, limit or prescribe the scope or intent of any provision of
this MOU.
12. No Third Party Beneficiaries. This MOU is made for the sole and exclusive
benefit of the parties hereto and shall not he construed to be an MOU for the benefit
of any third party or parties and no third party shall have a right of action hereunder
for any cause whatsoever.
13. Construction of MOU. This MOU shall be construed according to its fair meaning,
as if it was prepared by both of the parties hereto and shall be deemed to be and
contain the entire MOU between the parties hereto. There shall be deemed to he no
other terms, conditions,promises, understandings, statements or representations,
expressed or implied, concerning this MOU, unless set forth in writing and signed by
both of the parties hereto.
14. Relationship of Parties. The parties hereto enter into this MOU as separate and
independent entities and each shall maintain such status throughout the term of this
MOU.
Weld County and Railroad have signed this MOU thiscei d ��ay of /(r^//(✓111 her , 2010.
UNION PACIFIC RAILROAD COMPANY
(Federal Tar ID 494-6001323JBy (/a. _
APPROVN ENGSNG
Union Pacific Railroad Company Law Department
By: ,}%t' Q( Date: rO6/it
Alice M. de Stigter
WELD COUNTY:
ATTEST: ���c«t BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the WG1D COUNTY COLORADO
d 'l(Q)
Byl • Y'
Deputy lerk to to Fc Doulas Ra c acher, Chairman
"°1 4 NOV 2 4 2010
a90/C- A-4
MEMORANDUM
1s61
DATE: May 15, 2013
GOUNTY ,
FR: Stephanie Arries, Assistant Weld County Attorney i
RE: Warrant from Colorado to Weld County as
Reimbursement for Railroad Crossing on WCR 80
The warrant in the amount of $173,514.43 represents the amount due from the State of
Colorado's Highway-Rail Signalization Fund to Weld County. The funds are being paid to the
County as partial reimbursement for the construction of a crossing signal on Weld County Road
80. This was a joint project of Weld County and Union Pacific Railroad, (UPRR).
Weld County had applied for funds from the Highway-Rail Signalization Fund when the project
was initially discussed between the County and UPRR. The PUC required a hearing to determine
if the funds should be allocated to the project. Following a hearing on May 17,2011, before the
PUC, an Administrative Law Judge ordered the State to use the funds to reimburse Weld County
for some of the expenses it incurred in signalizing the UPRR crossing on Weld County Road 80.
The project was completed in the fall of 2012.
Pass-Around Memorandum Page 1
e3 b
5-020-ao 13 e-61
Warrant No. 00042976604 STATE OF COLORADO
V$i1CHE' DESCRIPTION INVOICE NO. INV. DATE
SGA 13000000283 DOC#11A-242R DEC#R11--0931 USDOT804860T 05i 01 r13 173,51443
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NET ' ' 173,514'43 •
. . . . NON NEGOTIABLE
•• NAT CASH UNLESS STATE •F C•L• Ar• 4`•E'RS IN WHITE .• THIS:•R•ER♦
STATE OF COLORADO • 5. ' .. •
OFFICE OF THE STATE CONTROLLER Warrant No. . 00042976604
II ClINI WARRANT MONTH DAY YEAR
ON THE TREASURER OF THE STATE OF COLORADO. 56-1544/441 • • 05 06 13
VOID AFTER 6 MONTHS FROM ISSUE OAT
Charge to: DOLLARS CENTS;:'
S8 PUBLIC UTILITIES COMMISSION (303) 894-2000
$****173,514.43
AY
P ACrLY ONE HUNDRED SEVENTY-THREE THOUSAND FIVE HUNDRED FOURTEEN&43/100 .
.Dollars
WELD COUNTY pF col •
FlAY
amm WELD COUNTY TREASURY • Q� -:.1; ST ONT a ....' •
•ORDER PO BOX 758 • }!.
OF • * •i;:i:.
GREELEY. CO 80632 • 41 � * ":::: .:"' r:, . •
OUT OF MONIES NOT OTHERWISE APPROPRIATED PAYABLE THROUGH ANY FINANCIAL INSTINTION r�TE, . • STATE TREASURER
r
a:? SECURITY FEATURES INCLUDED,DETAILS ON BACK.
• .•
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