HomeMy WebLinkAbout20113302 RESOLUTION
RE: APPROVE PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT
AGREEMENT FOR COUNTY ROAD 80, REIMBURSEMENT OF INCURRED COSTS,
AND AUTHORIZE CHAIR TO SIGN — UNION PACIFIC RAILROAD COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Public Highway At-Grade Crossing
Improvement Agreement and Reimbursement of Incurred Costs of $1,000.00, between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and Union Pacific Railroad Company,
commencing upon full execution, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Public Highway At-Grade Crossing Improvement Agreement
and Reimbursement of Incurred Costs of $1,000.00, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Union Pacific Railroad Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of December, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
k r
'Barbara Kirkmeyer Chair
Weld County Clerk to the Board /7 �-
• IE L° ea way, Pro-Tem �)
BY: • . L��. a
Deputy N?-rk to the Boa 1/49�
tebt I
art . . Garcia
APPRO\ A ,s ORM:
avid E. Long
min Attorney l4-� 4�4�vLrimy-
ouglas ademach r
Date of signature: /-18-/
pf !a- a -// . fit'`} 2011-3302
�t-11-1 a EG0064
UPRR Folder No.: 2705-20
PUBLIC HIGHWAY AT-GRADE CROSSING
IMPROVEMENT AGREEMENT
BETWEEN THE
UNION PACIFIC RAILROAD COMPANY
AND THE
COUNTY OF WELD
COVERING
IMPROVEMENTS TO THE EXISTING COUONTY ROAD 80
AT-GRADE PUBLIC ROAD CROSSING
DOT NO. 804-860T
AT
RAILROAD MILE POST 61.97 - GREELEY SUBDIVISION
NEAR
AULT,
IN WELD COUNTY,
COLORADO
2011-3302
County Original
UNION PACIFIC RAILROAD COMPANY °,�
PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA Iil�l)
Non-Standard Form-Approved:AVP-Law 10/18/11 i
-%
UPRR Folder No.: 2705-20
43
$33' UPRR Audit No. p1OI1 (D9
PUBLIC HIGHWAY AT-GRADE CROSSING
IMPROVEMENT AGREEMENT
THIS AGREEMENT is made as of the \s— day of , 2014 by and
between UNION PACIFIC RAILROAD COMPANY,a Delaware corporation,or its predecessor
in interest, with a mailing address at 1400 Douglas Street,MS 1690,Omaha,Nebraska,68179-1690
("Railroad"), and (the) Weld County, State of Colorado, by the Board of County Commissioners,
with a mailing address at 1150 "O" Street, P.O. Box 758, Greeley, Colorado 80632 ("County").
RECITALS:
Presently,the County utilizes the Railroad's property for the existing CR 80 at-grade public
road crossing, DOT No. 804860T, at Railroad's Mile Post 61.97 on its Greeley Subdivision, in or
near Ault, Weld County, Colorado.
The County now desires to undertake as its project(the "Project"):
• the installation of new flashing lights, gates, and cabinet at the existing at-grade public
road crossing. The existing aforementioned roadway, as improved, is hereinafter the
"Roadway" and where the Roadway crosses the Railroad's property is the "Crossing
Area."
No additional Railroad right-of-way is needed for this Project.The right-of-way established
by the existence of the crossing at CR 80 and the Railroad's mainline tracks,is sufficient to allow for
the upgraded safety improvements of the road crossing.
The parties to this Agreement acknowledge the overriding effect of Decision No.R11-0931,
issued by the Colorado Public Utilities Commission August 29,2011,and agree that they are bound
by all terms of the Decision,including those relating to the obligations of the parties to pay expenses
relating to the completion of the Project, maintenance of the Roadway and Crossing Area, and the
impact and effect of the funds awarded from the Highway-Rail Signalization Fund. Should conflict
in any provisions of this Agreement,and Decision No. R11-0931 be identified,the terms of Decision
No. R11-0931 shall govern.
AGREEMENT
NOW THEREFORE, in consideration of the premises and of the promises and conditions
hereinafter set forth, the parties hereto agree as follows:
SECTION 1.
The exhibits below are attached hereto and hereby made a part hereof.
Exhibit A Railroad Location Print
2705-20 Weld
Road 8Co c Ault,CO 1111II111111111111111111 III 111111 111111 11111111 1111 1111 November 16, 2011
3824845 02/14/2012 12:26P Weld County, CO
1 of 24 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA' nil
Non-Standard Form-Approved:AVP-Law 10/18/11
S
Exhibit B Railroad's Material and Force Account Estimate
Exhibit C Railroad's Form of Contractor's Right of Entry Agreement
SECTION 2.
The Railroad, at County's expense, shall furnish all labor, material, equipment and
supervision for the Crossing Area improvements, including:
• The installation of flashing lights, gates, and a cabinet at Weld County Road 80;
• Engineering; and
• Flagging.
SECTION 3.
A. The work to be performed by the Railroad, is described in the Railroad's Material and Force
Account Estimate(s) attached hereto as Exhibit B:
B. The Railroad,if it so elects,may recalculate and update the Estimate submitted to the County
in the event the County does not commence construction on the portion of the Project located
on the Railroad's property within six (6) months from the date of the Estimate.
C. The County acknowledges that the Estimate does not include any estimate of flagging or
other protective service costs that are to be paid by the County or the Contractor in
connection with flagging or other protective services provided by the Railroad in connection
with the Project. All of such costs incurred by the Railroad are to be paid by the County or
the Contractor as determined by the Railroad and the County. If it is determined that the
Railroad will be billing the Contractor directly for such costs, the County agrees that it will
pay the Railroad for any flagging costs that have not been paid by any Contractor within
thirty(30) days of the Contractor's receipt of billing.
D. The County agrees to reimburse the Railroad for eighty percent (80%) of all actual costs
incurred by the Railroad in connection with the Project including,but not limited to, actual
costs of preliminary engineering review,construction inspection,procurement of materials,
equipment rental, manpower and deliveries to the job site and all of the Railroad's normal
and customary additives(which shall include direct and indirect overhead costs)associated
therewith.
E. The Railroad shall submit progressive billing to the County during the course of the Project,
and within one hundred twenty(120)days after completion of the Project,the Railroad shall
calculate and send to the County a final billing of the total actual costs incurred by the
Railroad.
SECTION 4.
A. The County,at its expense,shall prepare,or cause to be prepared by others,the detailed plans
and specifications and submit such plans and specifications to the Railroad's Assistant Vice
President Engineering—Design, or his authorized representative, for review and approval.
The plans and specifications shall include all Roadway layout specifications,cross sections
and elevations, associated drainage, and other appurtenances.
B. The final one hundred percent (100%) completed plans that are approved in writing by the
11111111111111111111111I 111111111111 III 11111 IIII VIII , of 5 November 16,2011
3824845 02/14/2012 12:26P Weld County, CO
2 of 24 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
UNION PACIFIC RAILROAD COMPANY omrrrn
PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA III
Non-Standard Form-Approved:AVP-Law 10/15/11
4.4
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. Notwithstanding the Railroad's approval of the Plans,the Railroad shall not be responsible
for the permitting, design, details, or construction of the Roadway.
SECTION 5.
The Railroad,at its expense,shall maintain the crossing between the track tie ends. If,in the
future, the County elects to have the surfacing material between the track tie ends replaced with
paving or some surfacing material other than timber planking, the Railroad, at County's expense,
shall install such replacement surfacing.
SECTION 6.
A. The County, at its sole cost and expense, shall provide traffic control, barricades, and all
detour signing for the crossing work, provide all labor, material and equipment to install
concrete or asphalt street approaches, and, if required, will install advanced warning signs,
and pavement markings in compliance and conformance with the Manual on Uniform Traffic
Control Devices.
B. The County,at its expense,shall maintain and repair all portions of the Roadway approaches
that are not within the track tie ends.
SECTION 7.
If County's contractor(s) is/are performing any work described in Section 6 above,then the
County shall require its contractor(s) to execute the Railroad's standard and current form of
Contractor's Right of Entry Agreement attached hereto as Exhibit C. County acknowledges receipt
of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor(s)of the need to execute the Agreement. Under no
circumstances will the County's contractor(s)be allowed onto the Railroad's premises without first
executing the Contractor's Right of Entry Agreement.
SECTION 8.
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 or its contractor(s) 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 number, 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 or its contractor(s). If it is, County or its contractor(s) 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.
11111111111111111113 III 11111111111 III IIIII IIII IIII of 5 November 16,2011
3824845 02/14/2012 12:26P Weld County, CO
3 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
UNION PACIFIC RAILROAD COMPANY nwoow"e
PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA' ilal�
Non-Standard Form-Approved:AVP-Law 10/18/11
SECTION 9.
The County, for itself and for its successors and assigns, hereby waives any right of
assessment against the Railroad,as an adjacent property owner,for any and all improvements made
under this agreement.
SECTION 10.
Covenants herein shall inure to or bind each party's successors and assigns;provided,no right
of the County shall be transferred or assigned,either voluntarily or involuntarily,except by express
prior written consent of the Railroad.
SECTION 11.
The County shall,when returning this agreement to the Railroad(signed),cause same to be
accompanied by such Order, Resolution,or Ordinance of the governing body of the County,passed
and approved as by law prescribed, and duly certified, evidencing the authority of the person
executing this agreement on behalf of the County with the power so to do,and which also will certify
that funds have been appropriated and are available for the payment of any sums herein agreed to be
paid by County.
SECTION 12.
The County shall maintain the Roadway at its sole expense and Railroad shall maintain the
Crossing Area (as defined in Decision 11A-242R as the crossing surfaces, track, signals and
appurtenances), at its sole expense.
SECTION 13.
Upon execution and delivery of this Agreement, the County shall pay to the Railroad an
administrative handling charge of ONE THOUSAND DOLLARS ($1,000.00).
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 directly 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 this Agreement.
HUM 11111 1111111 11111II1111111111111 III 11111 1111 /i i i
3824845 02/14/2012 12:26P Weld County, CO 4 of 5 November 16, 2011
4 of 24 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
UNION PACIFIC RAILROAD COMPANY maw
PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICAa inn
Non-Standard Form-Approved:AVP-Law 10/18/11
IN WITNESS WHEREOF,the parties hereto have caused this Supplemental Agreement to
be executed as of the day and year first hereinabove written.
APPROVED: UNION PACIFIC RAILROAD COMPANY
Union Pacific Railroad Company—Law Department •deral Ti ID#94-6001323)
By /744, Z ¢ By:
ALICE DESTIGTEI5' PA s G. FARRELL
General Attorney for Man ger Contracts
APPROVED: WELD COUNTY BOARD OF COUNTY
Weld County Attorn ' ffice COMMISSIONERS
P ' ted Name: Bruce T. Barker PridtedName: Barbara Kirkmeyer
Title: County Attorney Title: Chair
DEC 2 1 2011
1 11111 11111 1111111 11111 III 111111111111 III till 1111
3824845 02/14/2012 12:26P Weld County, CO
5 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2705-20 Weld Co @ Ault,CO Page 5 of 5 November 16, 2011
County Road 80 ae//_3a
EXHIBIT A
To Public Highway At-Grade Crossing Improvement
Agreement
Cover Sheet for the
Railroad Location Print
111111111111111111111111 III 111111111111 III 11111 IIII IIII
3824845 02/14/2012 12:26P Weld County, CO
6 of 24 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
N i RAILROAD LOCATION PRINT
.•T►.
W-410.: '-E OF A PUBLIC ROAD CROSSING
s CONSTRUCTION PROJECT
IS kaaili
,61 : - — --;\
•
\\\\ _
...•3•
a
•
• ll
•
•
'\
•
•
• i
•
\I
• • County Road 80 - DOT #804-8601
il RR MP 61 .971 - Greeley Subdivision
[-t t n+vvvw.J.n
���/// flin Existing At-Grade Public Road Crossing
Signal Improvement Project
62 M
a
it
ik \
I'
C
7
0
U
510m r
l
II k ,
2000 ft A ., r Copyright@ Union Pacific, 2011
RAILROAD WORK TO BE PERFORMED: EXHIBIT "A"
1 . Install new flashing lights, gates and cabinet; and other signal UNION PACIFIC RAILROAD COMPANY
materials.
2. Engineering & Flagging. GREELEY SUBDIVISION
RAILROAD MILE POST 61 .97
GPS: N 40° 34.0905', W 104° 43.5989'
near AULT, in WELD CO., CO.
To accompany an agreement with the
COUNTY OF WELD
IIIIIIIIIIIIII11
Illl III "III I'll illl covering a a signal improvement project.
1111111 11111 1111111 Folder No. 2705-20 Date. December 8, 2011
3824845 02/14/2012 12:26P Weld County, CO
7 of 24 R 0.00 D 0.00 Steve Moreno Clerk & Recorder WARNING
V IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANC!
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE: 1-(800) 336-9193
Exhib
Railroad Location F
EXHIBIT B
To Public Highway At-Grade Crossing Improvement
Agreement
Cover Sheet for the
Estimate of Material and Force Account Work
1111111111111111111 Et III 111111111111 III III IIII HI
3824845 02/14/2012 12:26P Weld County, CO
8 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2
444
DATE: 2012-01-12
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2012-07-12
DESCRIPTION OF WORK:
INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS
WITH GATES AT AULT, CO CR. 80 M.P. 61.99
ON THE GREELEY SUBDIVISION DOT# 804860T
WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW
SIGNAL - STATE - 80%
PID: 73138 AWO: 08927 MP,SUBDIV: 61.99, GREELEY
SERVICE UNIT: 14 CITY: AULT STATE: CO
DESCRIPTION - QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
ENGINEERING WORK
BILL PREP 900 720 180 900
CONTRACT 8067 6453 1614 8067
ENGINEERING 5422 4337 1085 5422
LABOR ADDITIVE 167.76% 105740 84592 21148 105740
PERSONAL EXPENSES 29775 23820 5955 29775
ROCK/GRAVEL/FILL 3000 2400 600 3000
SIG-HWY XNG 57608 46085 11523 57608
TRANSP/IB/OB/RCLW CONTR 12015 9612 2403 12015
TOTAT ENGINEERING 1669570 52857 178019 44508 222527
SIGNAL WORK
MATL STORE EXPENSE 9 7 2 9
SALES TAX 3226 2581 645 3226
SIGNAL 80672 64538 16134 80672
TOTAL SIGNAL 83907 67126 16781 83907
TRACK & SURFACE WORK
ENVIRONMENTAL - PERMITS 1 1 1
TOTAL TRACK & SURFACE 1 1 1
LABOR/MATERIAL EXPENSE 169670 136765
RECOLLECTIBLE/UPRR EXPENSE 245146 61289
ESTIMATED PROJECT COST 306435
EXISTING REUSEABLE MATERIAL CREDIT 0
SALVAGE NONUSEABLE MATERIAL CREDIT 0
RECOLLECTIBLE LESS CREDITS
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF
AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED,
UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
111111 11111 1111111 11111 III 111111 111111 111 11111 IIII IIII
3824845 02/14/2012 12:26P Weld County, CO
9 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT
AID
1 , r
® CD't9'd,!Dl Sl]3w:P] -_
` i ��-{ 1-. i ill :1
f
¢gj a o O
S� 1'
I.-W" n
JL
•
I. ¢ gggb o•
0
:�, M g
J— — 4 tg r :itil ,• 'i agyFM: d $ i
• vS �' N N l
^ 4l
. .; �rv� �� g y r S•. v a 3 i
}. 7 t �/ Q ``y d .ii
y6I9X.t
;4.,.., as x i'^4,....?
t7 v + S
aaa.
N •
luc T y S
� „t � a $
U. - I ® z �. 3 k;-F4
• I U I L" .••-�,� `' is -'�' ,S L E
o m .caw"-- r. . `i
I R o -_..i. ll;
$p4,
Ei. 14. -------
p , l gr f
-1 ask x. L, • f
T'1.1 i q VPo 20
1 fC1 • 66 tgae-$g 1 8tr.Q6 6 •
6.
W• y dul r".- '„
-M wra glee' is -
g a
NrQ ad ggga X. ag? . " V"o 0 2 2
J • o �:§ ,I S4m .2 -N. N • N N
,i OFIE ilht. ..g - - li_ - A .1 a 4
4 r. a 4F4`4i? If EaL '!i d`a' 'Ph d 8 S g
3 •
vi •
I X
.. n.
P r,
i o
1_ • o
4
22'09'd'1{Pl SI]31JtP)
O O St,
I IiiiiI11111 iIII liii! III 1lIII II1II III II1 III 'III
3824845 02/14/2012 12:26P Weld County, CO EXFI I Oii IF,10 of 24 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
S
r
- —
xl
; s -
o =
H I!, _
o
o c i
i ', ! O -
o
w o
fEll m G
E. F r r, O
I °
It
x
l
0
T -
— 12
r
v, , - <
H
O _
_ o o w r
q _-?
o
a v % ` l_
Or� owo � „ I T
H F v
I? ti T �' " Q 0 ,
O
111111111111111111111111III111111111111III111111III1111EiiJ-EJ-T -
3824845 02/14/2012 12:28P Weld County, CD
11 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT C
To Public Highway At-Grade Crossing Improvement
Agreement
Cover Sheet for the Form of
Contractor's Right of Entry Agreement
111111111111111111111111 III 11011111111 MIN 1111111
3824845 02/14/2012 12:26P Weld County, CO
12 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
3
UNION PACIFIC RAILROAD COMPANY
C%TRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA
Non-.Standard Form,Approved:AVP-Law 10/18/2011
UPRR Folder No. 2705-20
UPRR Audit No.
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 Incorporation)
RECITALS:
Contractor has been hired by Weld County ("County") to perform work relating to
improvements to the existing County Road 80 at-grade public road crossing(the"Work"),with all or
a portion of such work to be performed on property of Railroad in the vicinity of Railroad's Mile Post
61.97 on Railroad's Greely Subdivision located at or near Ault,in Weld County, State of Colorado
which work is the subject of an agreement dated between Railroad and
(Date of Agreement)
the County as such location is also shown on the Railroad Location Print marked Exhibit D,attached
hereto and hereby made a part hereof.
Railroad is willing to permit 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
2705.2°Weld County @ Ault CO 111111111111111111111111 III 111111 111111111
III 1113824845 02/14/2012 12:26P Weld County, CO ember 16, 2011
County Road 80 13 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
UNION PACIFIC RAILROAD COMPANY BUILDING AMERICA
C%TRACTOR'S RIGHT OF ENTRY AGREEMENT
Non-Standard Form,Approved:AVP-Iaw 10/182011
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 any work described in the Recitals above. The right herein granted to Contractor is
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 A, B AND C.
The terms and conditions contained in Exhibit A,Exhibit B and Exhibit C,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"):
Bill Parker
Manager Track Maintenance
Union Pacific Railroad Company
201 West Union Avenue
La Salle, CO 80645
phone: 402-501-3849
cell: 817-937-6123
fax: 402-501-0466
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 mariner as set
forth in Section 7 of Exhibit A. 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 - TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this Agreement,
and continue until December 1,2006,unless sooner terminated as herein 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 maybe terminated by either party on ten(10)days written notice to the other
11111111111111111111111 III 111111111111 III HIED IIII November 16, 2011
3824845 02/14/2012 12:26P Weld County, CO
14 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
UNION PACIFIC RAILROAD COMPANY
CN]TRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA'
NnnSlandard Form,Approved:AVP-Law 10/18/2011
party.
ARTICLE 6 - CERTIFICATE OF INSURANCE.
A. Before commencing any work,Contractor will provide Railroad with the insurance binders,
policies, certificates and/or endorsements set forth in Exhibit B of this Agreement.
B. All insurance correspondence, binders, policies, certificates and/or endorsements shall be
sent to:
Union Pacific Railroad Company
1400 Douglas Street—MS 1690
Omaha, NE 68179 - 1690
Attn: Senior Manager Contracts
UPRR Folder No. 2705-20
ARTICLE 7 - 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 8 - ADMINISTRATIVE FEE.
Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad Five
Hundred Dollars ($500.00) as reimbursement for clerical, administrative and handling expenses in
connection with the processing of this Agreement.
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 on Railroad's property
without the prior written approval of Railroad.
1 HI 11111 1111111 11111 III 11111 IIIIII III IIIIII III lilt
3824845 02/14/2012 12:26P Weld County, CO
15 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2705-20 Weld County @ Ault,CO Page 3 of 4 November 16, 2011
County Road 80
UNION PACIFIC RAILROAD COMPANY BUILDING AMERICA"
CNTRSCTOR'S RIGHT OF ENTRY AGREEMENT
Non-Standard Form,Approved:AVP-Law 10/18/2011
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:
Printed Name:
Title:
111111111111111111111111III111111111111III111111III 1111
3824845 02/14/2012 12.2613 Weld County, CO
16 of 24 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
2705-20 Weld County @ Ault,CO Page 4 of 4 November 16, 2011
County Road 80
CROS ExA
Non-Standard Form,Approved:AVP-Law 10/18/2011 BUILDING AMERICA'
EXHIBIT A
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
GENERAL TERMS AND CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK -FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor
commencing its work and at least ten (10)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 ten (10)-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 ten (10)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(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
NROEA I IIIIII VIII IIIIIII VIII III IIIIII IIIIII III IIIIII III IIII i Condlitio s
Non-Stanandard Form,Approved:AVP-Law
1one/2on 3824845 02/14/2012 12:26P Weld County, CO
17 of 2d R n_nn o ann Steve Moreno Clerk& Recorder
C ROE ExA
Non-Standard Form,Approved:AVP-Law 10/18/2011 BUILDING AMERICA'
title or for quiet enjoyment.
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
C, 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
IIIIII VIII 1 I DIEDI VIII III IIIIII IIIIII III IIIIII III IIII 4 ExhibitGeneral Terms and Conditions 3824845 02/14/2012 12:26P Weld County, CO
18 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
CROE ExA
Non-Standard Form,Approved:AVP-Law 10/18/2011 BUILDING AMERICA" 1 y
con`ry to good safety practices. Contractor shall furnish copies of Exhibit C to each of its employees before they enter the
job site.
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 non-delegable 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 Contractor's 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("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(H)any act or omission of Contractor, its officers, agents or employees, or(iii)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 Railroad 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
Railroad.
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.
1 111111 1110 111111111111 111 111111 111111 III 111111 Ill 1111 Df 4 it General Terms and Conditions
3824845 02/14/2012 12:26P Weld County, CO
19 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
CROE ExA
Non-Standard Form,Approved:AVP-Law 10/18/2011 BUILDING AMERICA'
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
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, and shall require all subcontractors
to maintain the insurance coverage required to be maintained by Contractor as provided in this Agreement, and to indemnify
Contractor and Railroad to the same extent as Railroad is indemnified by Contractor under this Agreement.
1 111111 1111 1111 III 111111111111 I I 11111111111111
3824845 02/14/2012 12:26P Weld County, CO
20 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
CROE ExA Page 4 of 4 Exhibit A
Non-standard Form,Approved:AVP-Law General Terms and Conditions
10/18/2011
CROE ExB
Non-Standard Form,Approved:AVP-Law 10/18/2011 BUILDING AMERICA'
EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
INSURANCE PROVISIONS
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 the
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.
B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute
form providing equivalent liability coverage)with a combined single limit of not less $5,000,00 for each accident.
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 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(s)affected by this Agreement.
• 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 excel 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 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. A binder stating the policy is
in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to
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.
F. Pollution Liability Insurance. Pollution liability coverage must be written on ISO form Pollution Liability Coverage
Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least
$5,000,000 per occurrence and an aggregate limit of$10,000,000.
CROStandard Form,Approve 1 UM 11111 11111 III 111111 111111 III 1111111 11 1111 Exhibit B
3824845 02/14/2012 12:26P Weld County, CO Insurance Provisions
10/18/2011
21 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
CROE ExB
Non-Standard Form,Approved:AVP-Law 10/18/2011 BUILDING AMERICA' J
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 form 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.
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(s) in which the work is to be
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.
1111111 111111111111 11111111 111111 111111 III 1111111111111
3824845 02/14/2012 12:26P Weld County, CO
22 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
CROE ExB Page 2 of 2 Exhibit B
Non-Standard Form,Approved:AVP-Law Insurance Provisions
10/18/2011
CROE ExC
Non-Standard Form,Approved:AVP-Law 10/18/2011 BUILDING AMEP,ICA'
EXHIBIT C
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.
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.
(U) 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.
(hi) 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
Mill11 'Hill Et III 111 IIN III 1113 111111 2 Exhibit C
Minimum Safety Requirements
3824845 02/14/2012 12:26P Weld County, CO
23 of 24 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
CROE ExC
Non-Standard Form,Approved:AVP-Law 10/18/2011 BUILDING AMERICA"
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.
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.
(H) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
(Hi) 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.
1lfljlljhhhl
111111111111 III 111111111111 III 1111111111111 of 2 Exhibit 02/14/2012 12:26P Weld County, CO Minimum Safety Requirements
24 of 24 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
Hello