HomeMy WebLinkAbout20112585 RESOLUTION
RE: APPROVE PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT FOR COUNTY
ROAD 54 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
Agreement 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 Agreement 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 3rd day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:,a ,--*J“
x f
Barbara Kirkmeyer, C air
Weld County Clerk to the Bo E L^ 6D
can P. Co ay, Pro-Tem
BY: t : . Rap
Deputy CI k to the Bo 4'r;
William F. Garcia
®
APP3OV/P AS M: EXCUSED
David E. Long
u ty ttorney c lQ s A„rk
Douglas, 2ademache
Date of O c: `signature: /D - 61/
•
d l lc �o n VvcC
IQ- 3- I I �' 2011-2585
l0 31 11 EG0064
1861 2011 MEMORANDUM
TO: Esther Gesick, Deputy Clerk to the BOCC
WE L 1 2 O N T Y DATE: September 30, 2011
�J FROM: Michael Bedell, P.E., Senior Engineer
SUBJECT: WCR 54 Railroad Crossing Agreement
The attached Agreement between Weld County and the Union Pacific Railroad Company (UPRR) is
required for the construction of a new railroad crossing in the vicinity of WCR 54/WCR 49
intersection. Public Works Department has completed the design of an intersection realignment
which requires a new railroad crossing. Costs associated with the Agreement, estimated to be
$94,433 are for UPRR crews to install precast concrete crossing panels, in preparation for the new
roadway construction. Past projects have shown that the estimated amount in the Agreement is
typically higher than the actual invoices to be submitted by UPRR.
After the Agreement has been completed, UPRR will schedule a crew to construct the new crossing.
The roadway project cannot be bid out until the new crossing has been constructed. In addition, the
General Contractor selected to construct the upcoming roadway improvements will be required to
obtain Railroad Insurance and to complete a Right-To-Enter Agreement with UPRR, since portions of
the construction are upon UPRR property.
Public Works Department recommends approval of the Agreement so that this project can continue to
move forward as planned.
2011-2585
UNION
PACIFIC
ern n
i � 1
September 26, 2011 9 ����
WELD COUNfY PUBLIC NIi0RKS DEPT
Mr.Mike Bedell
Public Works Department
1 111 H Street
P.O. Box 758
Greeley, CO 80632-0758
Public
CO Kersey
CR 54
MP 145.41 Monfort Industrial Lead
DOT#440-635S
Dear Mr. Bedell:
Enclosed please find two originals of the agreement for the proposed at grade crossing at the
referenced location. Please follow the instructions in the letter from Paul Farrell enclosed in this
package. Although his letter indicates to mail the documents to him, please mail back to me the
two;,partially, executed Agreements along with the payment for the rights granted in the
Agreement.
If further information is required, please feel free to give me a call at(303)405-5039.
Sincerely,
��ja.4.
Kelly Abaray C/
Manager of Industry& Public Projects
CC: Operating File—Omaha,NE
UNION PACIFIC RAILROAD Engineering Department 1400 W.52'd Avenue Denver,CO 80221
umiOIF
PACIFIC
September 16, 2011
UPRR Folder No. 2672-89
MR MIKE BEDELL
PUBLIC WORKS DEPT
WELD COUNTY
PO BOX 758
GREELEY CO 80632
Dear Mr. Bedell:
RE: Proposed construction, maintenance and use of the new CR-54 at-grade public road
crossing near Kersey, in Weld County, Colorado.
Please refer to the above subject matter and the documentation to cover the construction
project. Attached hereto are duplicate originals of a Public Highway At-Grade Crossing
Agreement, for the public road crossing construction project. Please return to me all of the above
executed documentation for Railroad execution.
Also please furnish payment in the amount of$3,636.00. Please include your check with
the return of the documents. To ensure proper application of your check, please indicate the
folder number listed above on your check. This agreement will not be accepted by the Railroad
Company until the initial payment is received. If you require formal billing, you may consider
this letter as a formal bill.
In compliance with the Internal Revenue Services' new policy regarding their Form 1099,
I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification
Number and that Union Pacific Railroad Company is doing business as a corporation.
After approval of the Contractor's Right of Entry Agreement and insurance certificate,
one fully executed counterpart of the agreement will be returned to you. In no event should you
begin work until you have received your counterpart of the fully executed agreement.
Under Exhibit B of the enclosed Contractor's Right of Entry Agreement, you are required
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Dodge Street, MS 1690
Omaha, Nebraska 68179-1690
fax:402.501.0340
Uhl ON
PACIFIC
HMI
to procure certain insurance and insurance endorsements including but not limited to, Railroad
Protective Liability Insurance (RPLI) for the duration of this project. As a service to you, Union
Pacific is making this coverage available to you through Marsh USA. If you decide that
acquiring the RPLI coverage from Marsh USA is of benefit to you, please contact Bill Smith @
900-729-7001; fax: 816-556-4362; or e-mail: william.j.smith@marsh.com.
If you have any questions, please contact me.
Sin•b-reelll uurs,
PA J L G. A'1' LL
�r anager ontracts
Phone: I 544-8620
e-mail:pgfarrell(a)up.corn
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Dodge Street,MS 1690
Omaha, Nebraska 68179-1690
fax:402.501.0340
UPRR Folder No.: 2672-89
PUBLIC HIGHWAY AT-GRADE
CROSSING AGREEMENT
BETWEEN
UNION PACIFIC RAILROAD COMPANY
AND THE
COUNTY OF WELD
COVERING THE
CONSTRUCTION OF THE NEW COUNTY ROAD 54
AT-GRADE PUBLIC ROAD CROSSING
AT
RAILROAD MILE POST 145.41 - MONFORT INDUSTRIAL LEAD
DOT NO.: 440-635S
NEAR
KERSEY,
IN WELD COUNTY,
COLORADO
County Original
e)i/ - 25-S5
Public Highway-New At-Grade Crossing mu,"
Special Colorado Form BUILDING AMERICA II
I1I
Form Approved,AVP-Law 06/01/11
UPRR Folder No.: 2672-89
UPRR Audit No.: Zh();lfi9
PUBLIC HIGHWAY AT-GRADE CROSSING
AGREEMENT
County Road 54—DOT No. 440-635S
Railroad Mile Post 145.41 —Monfort Industrial Lead
near Kersey, in Weld County, Colorado
THIS AGREEMENT ("Agreement") is made and entered into as of the n - day of
()drob.e r , 20 1, ("Effective Date"), by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas
Street,Mail Stop 1690,Omaha,Nebraska 68179("Railroad")and COUNTY OF WELD,a political
subdivision of the State of Colorado to be addressed at P.O. Box 758, Greeley, Colorado 80632
("County").
RECITALS:
The County desires to undertake as its project (the "Project") the construction of the new
County Road 54 at-grade public road crossing, (DOT Number 440-635S), at Railroad's Mile Post
145.41 on Railroad's Monfort Industrial Lead near Kersey, in Weld County, Colorado (the
"Roadway") in the location as shown on the Railroad Location Print marked Exhibit A,as depicted
on the Detailed Print marked Exhibit A-1,as described in the Legal Description marked Exhibit A-
2,and as shown on the Illustrative Print of the Legal Description marked Exhibit A-3,each attached
hereto and hereby made a part hereof. The portion of the Railroad's property where the Roadway
crosses the Railroad's property is the "Crossing Area."
The Railroad and the County are entering into this Agreement to cover the above.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
Section 1. EXHIBIT B
The General Terms and Conditions marked Exhibit B,are attached hereto and hereby made a
part hereof.
Section 2. RAILROAD GRANTS RIGHT
For and in consideration of the sum of THREE THOUSAND SIX HUNDRED THIRTY-
SIX DOLLARS ($3,636.00) to be paid by the County to the Railroad upon the execution and
2672-89 Weld County @ Kersey,Co Page 1 of 6 September 16, 2011
CR-54
Public Highway-New At-Grade CrossingSpecial Colorado Form YMIOM
Form Approved, BUILDINGEFt�CA
AVP-Law 06/01/11 I�
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delivery of this Agreement and in further consideration of the County's agreement to perform and
comply with the terms of this Agreement, the Railroad hereby grants to the County the right to
construct, use, maintain and repair the Roadway over and across the Crossing Area.
Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term "Contractor" shall mean the contractor or
contractors hired by the County to perform any Project work on any portion of the Railroad's
property and shall also include the Contractor's subcontractors and the Contractor's and
subcontractor's respective employees, officers and agents, and others acting under its or their
authority.
Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE
A. Prior to Contractor performing any work within the Crossing Area and any subsequent
maintenance and repair work, the County shall require the Contractor to:
• execute the Railroad's then current Contractor's Right of Entry Agreement
• obtain the then current insurance required in the Contractor's Right of Entry Agreement;
and
• provide such insurance policies,certificates,binders and/or endorsements to the Railroad.
B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached
hereto and hereby made a part hereof. The County confirms that it will inform its Contractor that
it is required to execute such form of agreement and obtain the required insurance before
commencing any work on any Railroad property.Under no circumstances will the Contractor be
allowed on the Railroad's property without first executing the Railroad's Contractor's Right of
Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad
the insurance policies, binders, certificates and/or endorsements described therein.
C. All insurance correspondence,binders,policies,certificates and/or endorsements shall be sent to:
Senior Manager- Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UPRR Folder No. 2672-89
D. If the County's own employees will be performing any of the Project work,the County may self-
insure all or a portion of the insurance coverage subject to the Railroad's prior review and
approval.
Section 5. PROJECT FUNDING
County agrees to fund this Project with County funds.
Section 6. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT
TO COUNTY; COUNTY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad pursuant to 4 CCR 723-7-7211 (a)is described in the
Railroad's Material and Force Account Estimate dated May 2,2011,marked Exhibit C,attached
2672-89 Weld County @ Kersey,CO Page 2 of 6 September 16, 2011
CR-54
Public Highway-New At-Grade Crossing v ,,,,
Special Colorado Form BUILDING AMERICA
Form Approved,AVP-Law 06/01/11
A
hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the
Railroad's work associated with the Project is estimated to cost Ninety-Four Thousand Four
Hundred Thirty-Three Dollars ($94,433.00), with such estimated cost being $43,628.00 for
material including,without limitation,costs associated with the shipping,handling and taxes for
such material and $50,805.00 for labor. Pursuant to 4 CCR 723-7-7211, the County is to bear
the actual material cost and the Railroad is to bear the actual labor cost. The Railroad shall
determine an actual material cost within one hundred twenty(120)days after it has completed its
work involving the Project and submit such actual cost billing to the County. The County agrees
to pay the Railroad for such actual material cost within thirty(30) days of its receipt of billing.
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.
Section 7. PLANS
A. The County, at its expense, shall prepare, or cause to be prepared by others, the detailed plans
and specifications for the Project and submit such plans and specifications to the Railroad's
Assistant Vice President Engineering-Design,or his authorized representative, for prior 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
Railroad's Assistant Vice President Engineering-Design, or his authorized representative, are
hereinafter referred to as the "Plans". The Plans are hereby made a part of this Agreement by
reference.
C. No changes in the Plans shall be made unless the Railroad has consented to such changes in
writing.
D. The Railroad's review and approval of the Plans will in no way relieve the County or the
Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and
will be given with the understanding that the Railroad makes no representations or warranty as to
the validity,accuracy,legal compliance or completeness of the Plans and that any reliance by the
County or Contractor on the Plans is at the risk of the County and Contractor.
Section 8. NON-RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting,encasing,reinforcing,relocation,replacing,
removing and abandoning in place all non-railroad owned facilities (the "Non Railroad
Facilities")affected by the Project including,without limitation,utilities,fiber optics,pipelines,
2672-89 Weld County @ Kersey,CO Page 3 of 6 September 16,2011
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Public Highway-New At-Grade Crossing uxm.
Special Colorado Form BUILDING AMERICA II I11
l I
Form Approved,AVP-Law 06/01/11
•
wirelines, communication lines and fences is required under Section 7. The Non Railroad
Facilities plans and specifications shall comply with Railroad's standard specifications and
requirements,including,without limitation,American Railway Engineering and Maintenance-of-
Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply
additional land for any Non Railroad Facilities and does not waive its right to assert preemption
defenses, challenge the right-to-take, or pursue compensation in any condemnation action,
regardless if the submitted Non Railroad Facilities plans and specifications comply with
Railroad's standard specifications and requirements. Railroad has no obligation to permit any
Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.
B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications,Railroad
will attempt to incorporate them into new agreements or supplements of existing agreements
with Non Railroad Facilities owners or operators. Railroad may use its standard terms and
conditions, including, without limitation, its standard license fee and administrative charges
when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad
Facilities work shall not commence before a supplement or new agreement has been fully
executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and
County mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and
specifications to be Plans pursuant to Section 7B, (ii) deem the Non Railroad Facilities part of
the Structure, and(iii) supplement this Agreement with terms and conditions covering the Non
Railroad Facilities.
Section 9. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement is effective as of the Effective Date first herein written and shall continue in full
force and effect for as long as the Roadway remains on the Railroad's property.
B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written
notice 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 twelve(12)months from the Effective Date.
C. If the Agreement is terminated as provided above,or for any other reason,the County shall pay
to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the
date of termination, including, without limitation, all actual costs incurred by the Railroad in
connection with reviewing any preliminary or final Project Plans.
D. The estimated start date for the Railroad's construction of the new crossing is September 1,2011,
and the Railroad's anticipated date of completion is October 21,2011. The estimated start date
for County's construction of the new roadway leading to the crossing is October 21,2011, and
County's anticipated date of completion is October 21, 2012.
Section 10. CONDITIONS TO BE MET BEFORE COUNTY CAN COMMENCE WORK
Neither the County nor the Contractor may commence any work within the Crossing Area or
on any other Railroad property until:
(i) The Railroad and County have executed this Agreement.
(ii) The Railroad has provided to the County the Railroad's written approval of the Plans.
(iii) Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and has
obtained and/or provided to the Railroad the insurance policies,certificates,binders,and/or
2672-89 Weld County @ Kersey,Co Page 4 of 6 September 16, 2011
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Public Highway-New At-Grade Crossing ux�ox
Special Colorado Form BUILDING AMERICA II Ii I I
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endorsements required under the Contractor's Right of Entry Agreement.
(iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of
Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry
Agreement.
Section 11. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal and/or
demolition of the Roadway shall not commence until Railroad and County agree on the plans for
such future projects,cost allocations,right of entry terms and conditions and temporary construction
rights, terms and conditions.
Section 12. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. County shall not assign this Agreement without the prior written consent of Railroad.
B. Subject to the provisions of Paragraph A above,this Agreement shall inure to the benefit of and
be binding upon the successors and assigns of Railroad and County.
Section 13. CROSSING RENEWAL AND MAINTENANCE
All crossing surface renewal and maintenance costs shall be consistent with the Colorado
Public Utilities Commission Rule found at 4 CCR 723-7-7211. Specifically, the Railroad shall
install and maintain a concrete grade crossing surface between the track tie ends.The Railroad shall
bear the labor costs of installation,maintenance,repair,or replacement of said crossing surface. The
County shall bear the cost of the materials to maintain, repair, or replace said crossing surface.
Further, if the widening of the Roadway necessitates a surface extension of the Crossing, County
shall pay the initial cost of same pursuant to 4 CCR 723-7-7211 (d).
Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
If the County will be receiving American Recovery and Reinvestment Act("ARRA")funding
for the Project, the County agrees that it is responsible in performing and completing all ARRA
reporting documents for the Project. The County confirms and acknowledges that Section 1512 of
the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the
federal government and,therefore,(i)the ARRA reporting requirements are the responsibility of the
County and not of the Railroad, and (ii) the County shall not delegate any ARRA reporting
responsibilities to the Railroad. The County also confirms and acknowledges that(i)the Railroad
shall provide to the County the Railroad's standard and customary billing for expenses incurred by
the Railroad for the Project including the Railroad's standard and customary documentation to
support such billing, and (ii) such standard and customary billing and documentation from the
Railroad provides the information needed by the County to perform and complete the ARRA
reporting documents. The Railroad confirms that the County and the Federal Highway
Administration shall have the right to audit the Railroad's billing and documentation for the Project
as provided in Exhibit B of this Agreement.
2672-89 Weld County @ Kersey,Co Page 5 of 6 September 16, 2011
CR-54
Public Highway-New At-Grade Crossing NUON
Special Colorado Form BUILDING AMERICA° " '
Form Approved,AVP-Law 06/01/11 IIIIII
IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed as of
the Effective Date first herein written.
UNION PACIFIC RAILROAD COMPANY
Feral Tax ID #94-6001323)
By
AU RRELL
e for Manag:r Contracts
ATTEST: fir-44 COUNTY OF WELD
/ t -4JJA.f'/f} By- t2wLvi,tk� : Rte=
County Clerk
Title Chair, Board of Weld County Commissioners
(Seal)
� Pursuant to Resolution/Order No. o?O//-07525
i N� �aL� % dated: Ct/ober ,3 , 20//
0, �� hereto attached.
„6.• +•I c*::z® Fir�,. / CCT 0 3 2011 ki 2672-89 Weld County @ Kersey,CO Page 6 of 6 September 16, 2011
CR-54
,Ion/-01 .S
EXHIBIT A
To Public Highway At-Grade Crossing
Agreement
Cover Sheet for the
Railroad Location Print
I RAILROAD LOCATION PRINT
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4-E OF A NEW AT-GRADE PUBLIC ROAD CROSSING
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RAILROAD WORK TO BE PERFORMED: EXHIBIT "A"
Re-lay 160-feet of rail; Install 40-feet of concrete road crossing UNION PACIFIC RAILROAD COMPANY
panels; Install 36 switch ties; Install 2 carloads of ballast; and
other track& surface materials. MONFORT INDUSTRIAL LEAD
MILE POST 145.41
ROADWAY CLOSURE: GPS:N 40°22.6035', W 104°36.3492'
near KERSEY,in WELD CO.,CO.
Existing CR-31 at-grade public road crossing(DOT#804-344L)
at Railroad Mile Post 40.63 on the Greeley Subdivision to be Railroad Location Print of a new at-grade public
permanently closed and removed. road crossing construction project with the
COUNTY OF WELD.
Folder No.2672-89 Date:August 10,2011
WARNING
IN ALL OCCASIONS,U .COMMUNICATIONS DEPARTMENT MUST BF CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE: 1-(800)336-9193
Exhibit A
Railroad Location Print
S
EXHIBIT A- 1
To Public Highway At-Grade Crossing
Agreement
Cover Sheet for the
Detailed Print
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Exhibit A 1
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EXHIBIT A-2
To Public Highway At-Grade Crossing
Agreement
Cover Sheet for the
Legal Description
EXHIBIT-A NE 1/4 S25-T5N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE
65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A
PORTION OF A UNITED STATES PATENT ISSUED TO THE UNION PACIFIC RAILROAD ON APRIL 24, 1875 AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
S:OMMFNCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 65
WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHEAST
ONE-QUARTER AS BEARING NORTH 89'39'20" EAST A DISTANCE OF 2660.26 FEET TO THE NORTHEAST CORNER
OF SAID SECTION 25 ALSO DESCRIBED AS SHOWN;
THENCE AT A RIGHT ANGLE SOUTH 00'20'40" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 54;
THENCE NORTH 89'39'20" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 1402.09 FEET;
THENCE AT A RIGHT ANGLE SOUTH 00'20'40" EAST A DISTANCE OF 57.59 FEET TO A POINT WHICH INTERSECTS
THE EXISTING UNION PACIFIC RAILROAD'S NORTHERLY RIGHT-OF-WAY LINE AND THE PROPOSED WESTERLY
RIGHT-OF-WAY LINE OF THE WELD COUNTY ROAD 54 RE-ROUTE AND BEING THE POINT OF BEGINNING.
THENCE NORTH 69'01'52" EAST ALONG SAID NORTHERLY RAILROAD RIGHT-OF-WAY LINE TO A POINT ON THE
PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE WELD COUNTY ROAD 54 RE-ROUTE A DISTANCE OF 96.06
FEET TO A NON-TANGENT POINT OF CURVE TO THE RIGHT;
THENCE 146.45 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 406.13 FEET, CENTRAL ANGLE IS
20'39'38" AND WHOSE CHORD BEARS SOUTH 40'17'36" EAST A DISTANCE OF 145.66;
THENCE SOUTH 29'57'48" EAST ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 111.22
FEET TO A POINT OF CURVE TO THE LEFT;
THENCE 168.48 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 331.00 FEET, CENTRAL ANGLE IS
29'09'48" AND WHOSE CHORD BEARS SOUTH 44'32'42" EAST A DISTANCE OF 166.66 TO A POINT ON THE
EXISTING SOUTHERLY RAILROAD RIGHT-OF-WAY LINE;
THENCE SOUTH 69'01'58" WEST ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE A DISTANCE OF 96.24
FEET TO A POINT ON SAID PROPOSED WESTERLY RIGHT-OF-WAY LINE AND BEING A NON-TANGENT POINT OF
CURVE TO THE RIGHT;
THENCE 149.52 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 411.00 FEET, CENTRAL ANGLE IS
20'50'40" AND WHOSE CHORD BEARS NORTH 40'23'08" WEST A DISTANCE OF 148.70;
THENCE NORTH 29'57'48" WEST ALONG SAID PROPOSED WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 111.22
FEET TO A POINT OF CURVE TO THE LEFT;
THENCE 165.30 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 326.13 FEET, CENTRAL ANGLE IS
29'02'26" AND WHOSE CHORD BEARS NORTH 44'29'00" WEST A DISTANCE OF 163.54 TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 34,017.32 sf. OR 0.78 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY PUBLIC WORKS DEPT., WELD COUNTY, COLORADO.
WELD COUNTY PUBLIC WORKS
CROSSING PERMIT / �� DEPARTMENT
I/ WELD COUNTY ROADS 54&49
UNION PACIFIC RAILROAD RE-ROUTE PROJECT
WELD COUNTY,COLORADO wok PROJECT: RC-52 SCALE: 1"=200'
COLORADO DATE: SHEET:
MAY. 26,2011 DRAWN BY: JHB 1 Ott
Exhibit A-2
Legal Description
1
EXHIBIT A-3
To Public Highway At-Grade Crossing
Agreement
Cover Sheet for the
Illustrative Print of Legal Description
1
EXHIBIT-A NE I/4 S25-T5N-R65W
HAMILTON I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
\ N'_ A MONUMENTED LAND SURVEY OR LAND SURVEY
NE CORNER PLAT. IT IS INTENDED TO ILLUSTRATE THE
S25-T5N-R65W ATTACHED PROPERTY DESCRIPTION ONLY.
FOUND 2-1/2"
A.C. STAMPED
5300 THE PLS#3498?
006
ikl
EXISTING 50.00' - 64.65O
RAILROAD LEASE
1
361/4051/
524.' •• o u
' ci LINE TABLE
N m LI N69'01'52"E 96.06'
w L2 S29'57'48"E 111.22'
N 0 L3 569'01'58'W 96.24'
a're)i— L4 N29'57'48'W 111.22'
N PROPOSED
z m RIGHT—OF—WAY
34,017.32 sf. CURVE TABLE
OR 0.78 act A
C# LENGTH RADIUS DELTA CHD. BEARING CHORD
C1 146.45' 406.13' 20'39'38" S40'17'361145.66'
Gry
C2 168.48' 331.00' 29'09'48" 544'32'42"E 166.66'
I `"D C3 149.52' 411.00' 20'50'40" N40'23'08"W 148.70'
• \.. C4 165.30' 326.13' 29'02'26" N44'29'00"W 163.54'
MAXEY
PARC.#096124000023 I G\ LA 1
RECD.#1317110
h _ 'SOO'20'40"E 57.59'
HAMILTON
4t PARC.#096125100016
P.O.B. RECP.#3685476
i
80' PROPOSED : ' ' •-•,—
RIGHT-OF-WAY I I Nl . u4All
0, ",r4� "�'
EXISTING 60' a' >" _. AOO si
RIGHT-OF-WAY-N\I wl FE
I I'• ' o " .
P.D.C. fl U ? UNION PACIFIC
N 1/4 CORNER . ,co; q # a
FOUND53-R/4" \l 6I0' l > t t RAILROAD
A.C. STAMPED : r" c
FREESE ENG. Z
PLS #4392
2000 I 500'20'40"E 30.00'
CROSSING PERMIT WELD COUNTY PUBLIC WORKS
w1 ► N DEPARTMENT
‘18 0 WELD COUNTY ROADS 54&49
UNION PACIFIC RAILROAD RE-ROUTE PROJECT
WELD COUNTY,COLORADO ink PROJECT: RC-52 SCALE: I"=200'
COLORADO DATE: DRAWN BY:
MAY. 26,2011 JHB
SHEET: 2 of 2
Exhibit A-3
Illustrative Print of Legal Description
•
EXHIBIT B
To Public Highway At-Grade Crossing
Agreement
Cover Sheet for the
General Terms and Conditions
Public Highway-New At-Grade Crossing ubow
Special Colorado Form BUILDING AMERICA' ""'"`
Form Approved AVP Law 06/01/11 II I�I
EXHIBIT B
TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
GENERAL TERMS AND CONDITIONS
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The County shall
not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting
the foregoing, the County shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline
pipe lines.Any lines constructed on the Railroad's property by or under authority of the County for the purpose of conveying
electric power or communications incidental to the County's use of the property for highway purposes shall be constructed in
accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect
communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall
be admitted by the County to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing
herein shall obligate the Railroad to give such consent.
B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its
convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area,the County shall,at
its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.
C. The right hereby granted is subject to any existing encumbrances and rights(whether public or private), recorded or
unrecorded, and also to any renewals thereof. The County shall not damage,destroy or interfere with the property or rights of
nonparties in, upon or relating to the Railroad's property, unless the County at its own expense settles with and obtains
releases from such nonparties.
D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not
inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain,
operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the
Crossing Area with all kinds of equipment.
E. So far as it lawfully may do so, the County will assume, bear and pay all taxes and assessments of whatsoever nature
or kind(whether general, local or special)levied or assessed upon or against the Crossing Area,excepting taxes levied upon
and against the property as a component part of the Railroad's operating property.
F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use
of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the County will
acquire all such other property and rights at its own expense and without expense to the Railroad.
SECTION 2. CONSTRUCTION OF ROADWAY
A. The County, at its expense,will apply for and obtain all public authority required by law,ordinance, rule or regulation
for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.
B. Except as may be otherwise specifically provided herein,the County, at its expense,will furnish all necessary labor,
material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances
shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad
within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the
Roadway and the railroad tracks. Upon completion of the Project, the County shall remove from the Railroad's property all
temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.
C. All construction work of the County upon the Railroad's property (including, but not limited to, construction of the
Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner
satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in
compliance with the Plans, and other guidelines furnished by the Railroad.
Page 1 of 5 Exhibit B
General Terms and Conditions
Public Highway-New At-Grade Crossing LIMN
Special Colorado Form BUILDING AMERICA 111111
Form Approved AVP Law 06/01/11
D. All construction work of the County shall be performed diligently and completed within a reasonable time. No part of
the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such
reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work
will be in constant or frequent use during progress of the work and that movement or stoppage of trains,engines or cars may
cause delays in the work of the County. The County hereby assumes the risk of any such delays and agrees that no claims
for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.
SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the County, in the performance of any work contemplated by this Agreement or by the failure to do or perform
anything for which the County is responsible under the provisions of this Agreement, shall injure, damage or destroy any
property of the Railroad or of any other person lawfully occupying or using the property of the Railroad,such property shall be
replaced or repaired by the County at the County's own expense, or by the Railroad at the expense of the County, and to the
satisfaction of the Railroad's Assistant Vice President Engineering-Design.
SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK
The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad
shall notify the County of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be
performed on a fixed price basis, the County shall reimburse the Railroad for the amount of the contract.
SECTION 5. CHANGES IN GRADE
If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any
portion of the track(s) located within the Crossing Area, the County shall, at its own expense, conform the Roadway to
conform with the change of grade of the trackage.
SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad
convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense
incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change
or rearrangement is undertaken.
SECTION 8. SAFETY MEASURES; PROTECTION
OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the
utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that
accidents may be prevented and avoided, it is agreed with respect to all of said work of the County that the work will be
performed in a safe manner and in conformity with the following standards:
A. Definitions. All references in this Agreement to the County shall also include the Contractor and their respective
officers, agents and employees,and others acting under its or their authority;and all references in this Agreement to work of
the County shall include work both within and outside of the Railroad's property.
B. Entry on to Railroad's Property by County. If the County's employees need to enter Railroad's property in order to
perform an inspection of the Roadway, minor maintenance or other activities, the County shall first provide at least ten (10)
working days advance notice to the Railroad Representative. With respect to such entry on to Railroad's property,the County,
to the extent permitted by law, agrees to release,defend and indemnify the Railroad from and against any loss,damage, injury,
liability, claim, cost or expense incurred by any person including,without limitation,the County's employees, or damage to any
property or equipment(collectively the"Loss")that arises from the presence or activities of County's employees on Railroad's
property, except to the extent that any Loss is caused by the sole direct negligence of Railroad.
C. Flapping.
(i) If the County's employees need to enter Railroad's property as provided in Paragraph B above, the County
agrees to notify the Railroad Representative at least thirty(30)working days in advance of proposed performance of any work
Page 2 of 5 Exhibit B
General Terms and Conditions
Public Highway-New At-Grade Crossing MOM
Special Colorado Form BUILDING AMERICA I1I1II
Form Approved AVP Law 06101/11
by County in which any person or equipment will be within twenty-five(25)feet of any track,or will be near enough to any track
that any equipment extension (such as, but not limited to, a crane boom)will reach to within twenty-five(25)feet of any track.
No work of any kind shall be performed,and no person, equipment, machinery,tool(s), material(s),vehicle(s),orthing(s)shall
be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason,
unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty(30) day notice, the Railroad
Representative will determine and inform County whether a flagman need be present and whether County needs to implement
any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad,
Railroad will bill County for such expenses incurred by Railroad. If Railroad performs any flagging,or other special protective or
safety measures are performed by Railroad, County agrees that County is not relieved of any of its responsibilities or liabilities
set forth in this Agreement.
(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the
class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in
effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health
and welfare, supplemental sickness, Railroad Retirement and unemployment compensation,supplemental pension, Employees
Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be
the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is
paid for overtime,Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject
to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of
negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the
wage rate or additional charges are changed, County shall pay on the basis of the new rates and charges.
(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is
furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event
reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work.
Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work
on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by
assignment of such flagman to other work, even though County may not be working during such time. When it becomes
necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining
agreements, County must provide Railroad a minimum of five(5)days notice prior to the cessation of the need for a flagman. If
five (5) days notice of cessation is not given, County will still be required to pay flagging charges for the five (5) day notice
period required by union agreement to be given to the employee, even though flagging is not required for that period. An
additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day
cessation notice has been given to Railroad.
D. Compliance With Laws. The County shall comply with all applicable federal, state and local laws, regulations and
enactments affecting the work. The County shall use only such methods as are consistent with safety, both as concerns the
County, the County's agents and employees, the officers, agents, employees and property of the Railroad and the public in
general. The County (without limiting the generality of the foregoing) shall comply with all applicable state and federal
occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when
work is performed on the Railroad's premises. If any failure by the County to comply with any such laws, regulations, and
enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the
County shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or
charge, including without limitation attorney's fees,court costs and expenses. The County further agrees in the event of any
such action, upon notice thereof being provided by the Railroad, to defend such action free of cost,charge,or expense to the
Railroad.
E. No Interference or Delays. The County shall not do, suffer or permit anything which will or may obstruct,endanger,
interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities,or any communication or signal
lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's
property or facilities.
F. Supervision. The County, at its own expense, shall adequately police and supervise all work to be performed by the
County, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be
responsible, or to property of the Railroad. The responsibility of the County for safe conduct and adequate policing and
supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications,
or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's
representatives,or by compliance by the County with any requests or recommendations made by such representatives. If a
representative of the Railroad is assigned to the Project, the County will give due consideration to suggestions and
Page 3 of 5 Exhibit B
General Terms and Conditions
Public Highway-New At-Grade Crossing "soon
Special Colorado Form BUILDING AMERICA'
Form Approved AVP Law 06/01/11
I i I i
sit
recommendations made by such representative for the safety and protection of the Railroad's property and operations.
G. Suspension of Work. If at any time the County's engineers or the Vice President-Engineering Services of the
Railroad or their respective representatives shall be of the opinion that any work of the County is being or is about to be done
or prosecuted without due regard and precaution for safety and security, the County shall immediately suspend the work until
suitable, adequate and proper protective measures are adopted and provided.
H. Removal of Debris. The County shall not cause, suffer or permit material or debris to be deposited or cast upon,or
to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from
the Railroad's property by the County at the County's own expense or by the Railroad at the expense of the County. The
County shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal
from the Crossing Area.
Explosives. The County shall not discharge any explosives on or in the vicinity of the Railroad's property without the
prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the
Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's
property or facilities. For the purposes hereof, the"vicinity of the Railroad's property"shall be deemed to be any place on the
Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to
the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the
Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the
transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem
to be necessary, desirable or appropriate.
J. Excavation. The County shall not excavate from existing slopes nor construct new slopes which are excessive and
may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the
tracks of the Railroad. The County shall not do or cause to be done any work which will or may disturb the stability of any
area or adversely affect the Railroad's tracks or facilities.The County, at its own expense,shall install and maintain adequate
shoring and cribbing for all excavation and/or trenching performed by the County in connection with construction,
maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner
approved by the Railroad's Assistant Vice President Engineering-Design to withstand all stresses likely to be encountered,
including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.
K. Drainage. The County, at the County's own expense, shall provide and maintain suitable facilities for draining the
Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the
Railroad. The County, at the County's own expense, shall provide adequate passageway for the waters of any streams,
bodies of water and drainage facilities(either natural or artificial, and including water from the Railroad's culvert and drainage
facilities), so that said waters may not, because of any facilities or work of the County, be impeded, obstructed, diverted or
caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The County
shall not obstruct or interfere with existing ditches or drainage facilities.
L. Notice. Before commencing any work,the County shall provide the advance notice to the Railroad that is required
under the Contractor's Right of Entry Agreement.
M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic
cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and
loss of revenue and profits. County shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m.
Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency
calls)to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the County. If it is,County
will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for
relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.
SECTION 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the County, or by agreement between the parties,that new
or improved train activated warning devices should be installed at the Crossing Area, the County shall install adequate
temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until
the new or improved devices have been installed.
Page 4 of 5 Exhibit B
General Terms and Conditions
Public Highway-New At-Grade Crossing
Special Colorado Form BUILDING AMERICA
Form Approved AVP Law 06/01/11
SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other
railroad company lawfully using the Railroad's property or facilities.
SECTION 11. BOOKS AND RECORDS
The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to
be provided by Railroad under this Project,or are associated with the work to be performed by Railroad under this Project,shall
be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and
authorized representatives of County for a period of three(3)years following the date of Railroad's last billing sent to County.
SECTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the County shall fail, refuse or neglect to perform and abide by the terms of this Agreement,the Railroad, in addition
to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the
Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or
operations or jeopardize the Railroad's employees; and the County will reimburse the Railroad for the expenses thereof.
B. Nonuse by the County of the Crossing Area for public highway purposes continuing at any time for a period of
eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the County
hereunder.
C. The County will surrender peaceable possession of the Crossing Area and Roadway upon termination of this
Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or
otherwise, which may have arisen prior to termination.
SECTION 13. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing,
signed by the County and the Railroad and specifying with particularity the nature and extent of such waiver, modification or
amendment. Any waiver by the Railroad of any default by the County shall not affect or impair any right arising from any
subsequent default.This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding
between the County and the Railroad and cancel and supersede any prior negotiations, understandings or agreements,
whether written or oral, with respect to the work or any part thereof.
Page 5 of 5 Exhibit B
General Terms and Conditions
I.
EXHIBIT C
To Public Highway At-Grade Crossing
Agreement
Cover Sheet for the
Railroad Material And Force Account Estimate
•
1
r
m
!`
DATE: 2011-05-02
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD r
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2011-10-31
DESCRIPTION OF WORK:
2011 RECOLLECTABLE PROGRAM C"
MONFORT INDUSTRIAL LEAD
MP 145.41 COUNTY ROAD 54 DOT 4 440635S F.
INSTALL 40 TF OF CROSSING SURFACE
PROJECT FUNDED 100% BY WELD COUNTY
PID: 73133 AWO: 08932 MP,SUBDIV: 145.41, MONFORT .
SERVICE SERVICE UNIT: 14 CITY: KERSEY STATE: CO
•
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
ENGINEERING WORK
ENGINEERING 3665 3665 3665 F
LABOR ADDITIVE 205e 7514 7514 7514
TOTAL ENGINEERING 11179 11179 11179
SIGNAL WORK
LABOR ADDITIVE 205% 2337 2337 2337
MATL STORE EXPENSE 11 11 11
SALES TAX 13 13 13
SIGNAL 1140 354 1494 1494 --
TOTAL SIGNAL 3477 378 3855 3855
TRACK & SURFACE WORK
BALAST 2.00 CL 782 1727 2509 2509
BILL PREP FEE 900 900 900
CONTRACT TRUCKING 2000 2000 2000
DRAINAGE IMPROVEMENTS 5000 5000 5000
ENVIRONMENTAL - PERMITS 1 1 1
EQUIPMENT RENTAL 10000 10000 10000
FOREIGN FREIGHT 757 757 757
HOMELINE FREIGHT 900 900 900
LABOR ADDITIVE 205% 20557 20557 20557
MATE STORE EXPENSE 139 139 139
OTM 531 1620 2151 2151
POLE LINE REMOVAL 5000 5000 5000
RAIL 160.00 LF 718 3472 4190 4190
RDXING 3500 8624 12124 12124
SALES TAX 711 711 711
SWTIE 36.00 EA 5987 2148 8135 8135
TRACK-RETIRE 219 219 219
TRK-SURF,LIN 2714 2714 2714
WELD COUNTY 1141 251 1392 1392
TOTAL TRACK & SURFACE 36149 43250 79399 79399
LABOR/MATERIAL EXPENSE 50805 43628
RECOI.LECTIBLE/UPRR EXPENSE 94433 O
ESTIMATED PROJECT COST 94433
EXISTING REUSEABLE MATERIAL CREDIT 0
SALVAGE NONUSEABL£ 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. a
0
I
F .
EXHIBIT C
44
EXHIBIT D
To Public Highway At-Grade Crossing
Agreement
Cover Sheet for the
Contractor's Right of Entry Agreement
Contractor's ROE(Generic)05-01-2010 vw�ax
Form Approved-AVP Law BUILDING AMERICA
UPRR Folder No.: Folder Number
UPRR Audit No.: Audit Number
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
, 20 , by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation("Railroad"); and
(NAME OF CONTRACTOR)
a corporation ("Contractor").
(State of Corporation)
RECITALS:
Contractor has been hired by the Name of Public Body ("X") to perform work relating to the
Purpose (the "work"), with all or a portion of such work to be performed on property of Railroad in
the vicinity of the Railroad's Mile Post Mile Post on the Railroad's Name of Subdivision in or near
City, County & State, as such location is in the general location shown on the Railroad Location
Print marked Exhibit A, and as specified on the Detailed Prints collectively marked Exhibit A-1,
each attached hereto and hereby made a part hereof, which work is the subject of a contract dated
between the Railroad and the X. (Date of Contract)
The Railroad is willing to permit the Contractor to perform the work described above at the
location described above subject to the terms and conditions contained in this Agreement.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows:
ARTICLE 1 - DEFINITION OF CONTRACTOR.
For purposes of this Agreement, all references in this agreement to Contractor shall include
Contractor's contractors,subcontractors,officers,agents and employees,and others acting under its
or their authority.
ARTICLE 2 - RIGHT GRANTED; PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon
and subject to each and all of the terms, provisions and conditions herein contained, to enter upon
and have ingress to and egress from the property described in the Recitals for the purpose of
performing the work described in the Recitals above. The right herein granted to Contractor is
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limited to those portions of Railroad's property specifically described herein,or as designated by the
Railroad Representative named in Article 4.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C & D.
The General Terms and Conditions contained in Exhibit B, the Insurance Requirements
contained in Exhibit C, and the Minimum Safety Requirements contained in Exhibit D, each
attached hereto, are hereby made a part of this Agreement.
ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed by
Contractor, or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representative or his
or her duly authorized representative (the "Railroad Representative"):
MEM M.SM
C. Contractor, at its own expense, shall adequately police and supervise all work to be
performed by Contractor and shall ensure that such work is performed in a safe manner as set
forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and
adequate policing and supervision of Contractor's work shall not be lessened or otherwise
affected by Railroad's approval of plans and specifications involving the work, or by
Railroad's collaboration in performance of any work,or by the presence at the work site of a
Railroad Representative, or by compliance by Contractor with any requests or
recommendations made by Railroad Representative.
ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.
The Contractor,at its expense,shall provide on a monthly basis a detailed schedule of work
to the Railroad Representative named in Article 4B above. The reports shall start at the execution of
this Agreement and continue until this Agreement is terminated as provided in this Agreement or
until the Contractor has completed all work on Railroad's property.
ARTICLE 6 - TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this Agreement,
and continue until , unless sooner terminated as herein
(Expiration Date)
provided, or at such time as Contractor has completed its work on Railroad's property,
whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when
it has completed its work on Railroad's property.
B. This Agreement may be terminated by either party on ten(10)days written notice to the other
party.
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ARTICLE 7 - CERTIFICATE OF INSURANCE.
A. Before commencing any work, Contractor will provide Railroad with the (i) insurance
binders,policies,certificates and endorsements set forth in Exhibit C of this Agreement,and
(ii)the insurance endorsements obtained by each subcontractor as required under Section 12
of Exhibit B of this Agreement.
B. All insurance correspondence,binders,policies,certificates and endorsements shall be sent
to:
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, MS 1690
Omaha, NE 68179-1690
UPRR Folder No.:Folder Number
ARTICLE 8 - DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad,Contractor shall remove from Railroad's property any employee of
Contractor who fails to conform to the instructions of the Railroad Representative in connection with
the work on Railroad's property, and any right of Contractor shall be suspended until such removal
has occurred. Contractor shall indemnify,Railroad against any claims arising from the removal of
any such employee from Railroad's property.
ARTICLE 9 - CROSSINGS.
No additional vehicular crossings (including temporary haul roads) or pedestrian crossings
over Railroad's trackage shall be installed or used by Contractor without the prior written permission
of Railroad.
ARTICLE 10 - EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored or used on Railroad's
property without the prior written approval of Railroad.
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IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in
duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID#94-6001323)
By:
PAUL G.FARRELL
Senior Manager Contracts
(Name of Contractor)
By
Title:
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EXHIBIT A
Exhibit A will be a print showing the general location of the work site.
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EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
GENERAL TERMS & CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK- FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least thirty (30) working days in advance of Contractor
commencing its work and at least thirty(30)working days in advance of proposed performance of any work by Contractor in
which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any
equipment extension (such as, but not limited to, a crane boom)will reach to within twenty-five(25)feet of any track. No work
of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be
located, operated, placed,or stored within twenty-five(25)feet of any of Railroad's track(s)at any time, for any reason, unless
and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad
Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to
implement any special protective or safety measures. If flagging or other special protective or safety measures are performed
by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local
governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If
Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty(30)days of Contractor's receipt of
billing. If Railroad performs any flagging,or other special protective or safety measures are performed by Railroad, Contractor
agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement.
B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of
flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at
the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and
welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees
Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be
the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is
paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject
to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of
negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the
wage rate or additional charges are changed, Contractor(or the governmental entity, as applicable)shall pay on the basis of
the new rates and charges.
C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished,
unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not
be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be
required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which
Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman
to other work , even though Contractor may not be working during such time. When it becomes necessary for Railroad to
bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor
must provide Railroad a minimum of five(5)days notice prior to the cessation of the need for a flagman. If five(5)days notice
of cessation is not given, Contractor will still be required to pay flagging charges for the five (5)day notice period required by
union agreement to be given to the employee,even though flagging is not required for that period. An additional thirty(30)days
notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given
to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to
use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use,operate,
change, modify or relocate railroad tracks, roadways,signal,communication,fiber optics,or other wirelines,pipelines and other
facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by
Railroad without liability to Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including
those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the
same, and is made without covenant of title or for quiet enjoyment.
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Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of
the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or
others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be
done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's
machinery and materials shall be kept at least fifty(50)feet from the centerline of Railroad's nearest track, and there shall be
no vehicular crossings of Railroads tracks except at existing open public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by
Contractor caused by such railroad operations and work are expected by Contractor,and Contractor agrees that Railroad shall
have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities
with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train
movements and other activities by Railroad takes precedence over any work to be performed by Contractor.
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by
Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be
created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold
harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way
connected with or growing out of such work done, labor performed,or materials furnished. If Contractor fails to promptly cause
any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of
extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and
profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday
through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls)to determine if fiber
optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the
telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other
protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation(if applicable)
has been accomplished.
B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad
harmless from and against all costs, liability and expense whatsoever(including,without limitation,attorneys'fees,court costs
and expenses)arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to(1)
any damage to or destruction of any telecommunications system on Railroad's property,and/or(2)any injury to or death of any
person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on
Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged
loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's
property or a customer or user of services of the fiber optic cable on Railroad's property.
Section 6. PERMITS -COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and
shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including,without
limitation, all applicable Federal Railroad Administration regulations.
Section 7. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work
performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and
programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit
D, hereto attached,to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's
safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are
contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the
job site.
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B, Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health
hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided
to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health
Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of,or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractors safety plan for conducting
the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any
deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this
Agreement and the Safety Plan.
Section 8. INDEMNITY.
A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its
affiliates, and its and their officers, agents and employees (individually an "Indemnified Party" or collectively "Indemnified
Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without
limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any
person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified
Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or omission of
Contractor, its officers, agents or employees, or(Hi) any breach of this Agreement by Contractor.
B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss,and shall
apply regardless of any negligence or strict liability of any Indemnified Party,except where the Loss is caused by the sole active
negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active
negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party.
C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by
Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance
acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually
negotiated by the parties hereto.
D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers'
Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against
any Indemnified Party.
E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or
expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any
liability Contractor may have to any Indemnified Party by statute or under common law.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of
the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as
soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same
were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of
Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work,
restoring Railroad's property to the same state and condition as when Contractor entered thereon.
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept,
observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any
subsequent breach or default.
Section 11. MODIFICATION - ENTIRE AGREEMENT.
No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad.This
Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor
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and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with
respect to the work to be performed by Contractor.
Section 12. ASSIGNMENT-SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the
Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any
work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the
Contractor as"Additional Insured"in the subcontractor's Commercial General Liability policy and Business Automobile policies
with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing
these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent
coverage; (2)require each of its subcontractors to endorse their Commercial General Liability Policy with"Contractual Liability
Railroads"ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage)for the job site;and(3)require each
of its subcontractors to endorse their Business Automobile Policy with"Coverage For Certain Operations In Connection With
Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.
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EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
INSURANCE REQUIREMENTS
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work
on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's
property and has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage:
A. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability (CGL) with a limit of not less than
$5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO
occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage)showing
"Union Pacific Railroad Company Property"as the Designated Job Site.
• Designated Construction Project(s)General Aggregate Limit ISO Form CG 25 03 03 97(or a substitute form providing
equivalent coverage) showing the project on the form schedule.
B. BUSINESS AUTOMOBILE COVERAGE INSURANCE. Business auto coverage written on ISO form CA 00 01 10 01 (or a
substitute form providing equivalent liability coverage)with a combined single limit of not less$5,000,000 for each accident and
coverage must include liability arising out of any auto (including owned, hired and non-owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form
providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site.
• Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law.
C. WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE. Coverage must include but not be limited
to:
• Contractor's statutory liability under the workers'compensation laws of the state where the work is being performed.
• Employers'Liability(Part B)with limits of at least$500,000 each accident,$500,000 disease policy limit$500,000 each
employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided.
Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'Act,the Jones Act,and the Outer
Continental Shelf Land Act, if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of insurance:
• Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage)
showing Railroad in the schedule as the alternate employer(or a substitute form providing equivalent coverage).
D. RAILROAD PROTECTIVE LIABILITY INSURANCE. Contractor must maintain "Railroad Protective Liability" (RPL)
insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage)on behalf of
Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of$6,000,000. The
definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall
describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this Agreement to Contractor's
insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance
coverage required by this Agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO
RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION
PACIFIC RAILROAD.
E. UMBRELLA OR EXCESS INSURANCE. If Contractor utilizes umbrella or excess policies, these policies must"follow
form" and afford no less coverage than the primary policy.
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F. II`POLLUTION LIABILITY INSURANCE. Pollution liability coverage must be included when the scope of the work as defined
in the Agreement includes installation, temporary storage, or disposal of any"hazardous" material that is injurious in or upon
land, the atmosphere, or any watercourses; or may cause bodily injury at any time.
If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. In any form
coverage must be equivalent to that provided in ISO form CG 24 15"Limited Pollution Liability Extension Endorsement"or CG
28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of
$10,000,000.
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from
the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site
operator for losses arising from the insured facility accepting the materials,with coverage in minimum amounts of$1,000,000
per loss, and an annual aggregate of$2,000,000.
OTHER REQUIREMENTS
G. All policy(ies)required above(except worker's compensation and employers liability)must include Railroad as"Additional
Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent
coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured
Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive,
and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the
law governing this Agreement prohibits all punitive damages that might arise under this Agreement.
I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad
and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly
authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's
Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being
performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or
diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement.
Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance
coverage.
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EXHIBIT D
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term"employees"as used herein refer to all employees of Contractor as well as all employees of any subcontractor or
agent of Contractor.
I. CLOTHING
A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with
their vision, hearing, or free use of their hands or feet.
Specifically, Contractor's employees must wear:
(i) Waist-length shirts with sleeves.
(ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent
catching.
(iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-
toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements.
B. Employees shall not wear boots(other than work boots), sandals,canvas-type shoes,or other shoes that have thin soles or
heels that are higher than normal.
C. Employees must not wear loose or ragged clothing, neckties,finger rings,or other loose jewelry while operating or working
on machinery.
II. PERSONAL PROTECTIVE EQUIPMENT
Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations,or
recommended or requested by the Railroad Representative.
(i) Hard hat that meets the American National Standard (ANSI)Z89.1 —latest revision. Hard hats should be affixed with
Contractor's company logo or name.
(H) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face
protection, Z87.1 —latest revision. Additional eye protection must be provided to meet specific job situations such as
welding, grinding, etc.
(iii) Hearing protection,which affords enough attenuation to give protection from noise levels that will be occurring on the
job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:
• 100 feet of a locomotive or roadway/work equipment
• 15 feet of power operated tools
• 150 feet of jet blowers or pile drivers
• 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection—plugs and muffs)
(iv) Other types of personal protective equipment, such as respirators,fall protection equipment,and face shields, must be
worn as recommended or requested by the Railroad Representative.
III. ON TRACK SAFETY
Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations
— 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are
responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker
Protection regulations, all employees must:
(i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize
movements.
(H) Wear an orange, reflectorized workwear approved by the Railroad Representative.
(iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed.
Contractor must take special note of limits of track authority,which tracks may or may not be fouled, and clearing the
track. Contractor will also receive special instructions relating to the work zone around machines and minimum
distances between machines while working or traveling.
Contractor's ROE(Generic)05-01-2010 Page 1 of 2 Exhibit D
Form Approved-AVP Law Minimum Safety Requirements
Contractor's ROE(Generic)05-01-2010 uwe•
Form Approved-AVP Law BUILDING AMERICA
IV. EQUIPMENT
A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the
Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from
Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent
in the safe operation of the equipment. In addition, operators must be:
• Familiar and comply with Railroad's rules on lockout/tagout of equipment.
• Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track.
• Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other
railbound equipment.
B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device.
C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five(25)
feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the
equipment against movement.
D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the
minimum clearances to overhead powerlines.
V. GENERAL SAFETY REQUIREMENTS
A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations.
B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad
Representative, if applicable. During this briefing,the Railroad Representative will specify safe work procedures, (including On-
Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the
employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions,
work procedures, or personnel change.
C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad
Administration's Track Safety Standards 49CFR213.
D. All employees comply with the following safety procedures when working around any railroad track:
(i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in
either direction.
(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
(iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet
between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than
one car length (50 feet).
(iv) Avoid walking or standing on a track unless so authorized by the employee in charge.
(v) Before stepping over or crossing tracks, look in both directions first.
(vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when
track and equipment have been protected against movement.
E. All employees must comply with all federal and state regulations concerning workplace safety.
Contractor's ROE(Generic)05-01-2010 Page 2 of 2 Exhibit D
Form Approved-AVP Law Minimum Safety Requirements
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