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Home My WebLink About20101994.tiff RESOLUTION RE: APPROVE CONTRACT TO FURNISH AND INSTALL FLASHING LIGHT SIGNALS, GATES, BELLS,CONSTANT WARNING TIME,AND NEW CABIN FOR UNION PACIFIC RAILROAD CROSSINGS ON COUNTY ROAD 22 AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract to Furnish and Install Flashing Light Signals, Gates, Bells, Constant Warning Time, and a New Cabin for Union Pacific Railroad Crossings on County Road 22 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works,the Union Pacific Railroad Company, and the Colorado Department of Transportation, commencing upon full execution, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract to Furnish and Install Flashing Light Signals, Gates, Bells, Constant Warning Time, and a New Cabin for Union Pacific Railroad Crossings on County Road 22 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, the Union Pacific Railroad Company, and the Colorado Department of Transportation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. q oJt PW frrunut) C P °, SO 2010-1994 3- 31 _1 0 g EG0062 CONTRACT TO FURNISH AND INSTALL FLASHING LIGHT SIGNALS, GATES, BELLS, CONSTANT WARNING TIME,AND NEW CABIN FOR UNION PACIFIC RAILROAD CROSSINGS ON COUNTY ROAD 22 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of August, A.D., 2010. BOARD OF COUNTY COMMISSIONERS r WELD COUNTY, COLORADO LA, ATTEST: iJ �1.G �y�j • 5:: �� ,�. ; -t�� I• N,-y-4"---- Dou I- Radei~cher, C air Weld County Clerk to th,p3o � �� S o-T. t f.!/L- 7 .�r arbara Kirkmeyer, o-Tern / BY: /l 12Cs �,:ti' Qi.ray .� Deputy Clerk he Board 4 � (f' Sean P. Corfov CJ R // APP V A RM: �� e Will' F. Garcia( w y Attorney Cont David E. Long Date of signature: c `l/C7 2010-1994 EG0062 MEMORANDUM TO: Clerk to the Board DATE: August 25, 2010 ' FROM: Wayne Howard, County Engineer/CIP Public Works IC SUBJECT: AGENDA ITEM COLORADO Contract with CDOT, Weld County, and Union Pacific Railroad Company to furnish and install flashing light signals, gates, bells, constant warning time, and new cabin for WCR 22 and WCR 40 at the UPRR tracks. CDOT Project No. SRP C030-037, 17695 Attached are four original contracts. Please return all four original signed contracts to Public Works to submit for the State Controller's approval/signature. M:\FraneicWgenda Waynel loward.doc 2010-1994 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: WCR 22—Contract between CDOT, Weld County and UPRR covering Furnish and Install Flashing Light Signals, Gates, Bells, constant Warning Time, and New Cabin at WCR 40 and UPRR Tracks DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: August 13, 2010 PERSON REQUESTING: Wayne Howard, CIP County Engineer Brief description of the problem/issue: Public Works Department made application to CDOT requesting Federal funds of Railroad-Highway Crossing Improvement projects for WCR 22 & 40 at UPRR tracks; The PUC requested the same for WCR 42. These projects were selected and PUC application has been approved for all sites. This Contract is for the WCR 22 crossing and defines the responsibilities of FHWA, CDOT, Weld County and the Union Pacific Railroad Company. Weld County's signature is needed to complete the process. All cost of work will be paid 100% with Federal funds. The County's responsibility is to provide the signing and pavement marking, and to approve the work and railroad billings for payment by CDOT. What options exist for the Board? The Board may choose approve or not approve this contract. Recommendation to the Board: The Department recommends the Board approve this contract between CDOT, Weld County and the UPRR. Approve Schedule Recommendation Work Session Comments Douglas Rademacher, Chair Barbara Kirkmeyer Sean P. Conway 5 / William F. Garcia David E. Long Attachments pc: Four-original copies of the contract m:\—active projects\2010 rr\contracts\8-12-10 wcr 22 contract work session request.docx MEMORANDUM I C TO: Clerk to the Board Date: September 28, 2010 COLORADO FROM: Robert Patrick, Public Works SUBJECT: Transmittal of Original Signed Contract CDOT, Weld County and UPRR WCR 22 Attached please find for your files one copy of original fully executed contract between the Colorado Department of Transportation, Weld County and Union Pacific Railroad Company covering furnish and install flashing light signals, gates, bells, constant warning time, and new cabin for highway/rail crossing at WCR 22 at UPRR tracks. This contract was signed and approved by the BOCC on August 30, 2010, record number 2010- 1994. Attachments:Original Contract • CDOT Project No. SRP C030-037, 17695 CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION, WELD COUNTY AND THE UNION PACIFIC RAILROAD COMPANY COVERING FURNISH AND INSTALL FLASHING LIGHT SIGNALS, GATES, BELLS, CONSTANT WARNING TIME, NEW CABIN AT RAILROAD MILE POST 29.97 CDOT Project No. SRP C030-037, 17695 MC No. 804-329J IN WELD COUNTY COLORADO 61/c - / w' SRP C030-037, 17695 County Road 22, Weld County DOT No. 804-329J UPRR M.P. 29.97, Greeley Subdivision CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM THIS CONTRACT, made this 20'1'day ofSepfsenber , 2010, by and among the STATE OF COLORADO for the use and benefit of the STATE DEPARTMENT OF TRANSPORTATION, DIVISION OF ENGINEERING, DESIGN AND CONSTRUCTION ("State"), WELD COUNTY, of the State of Colorado "(Local Agency)", and UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad") WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Function 3987, GL Account No. 4231100011, WBS Element 17695.20.10, Contract Encumbrance Amount S 183,727.00; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, this contract is executed by the State under authority of section 43-1-110, C.R.S., by both the State and Local Agency under the authority of sections 29-1-203 and 43-2- 144, C.R.S., and by the Local Agency pursuant to an appropriate ordinance or resolution duly passed and adopted by the Local Agency; and WHEREAS, pursuant to Title I, Subtitle A, Section 1108 of the "Transportation Equity Act for the 21" Century" of 1998 (TEA-21) and/or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU) of 2005, and to applicable provisions of Title 23, United States Code, and the regulations promulgated thereunder, certain federal funds have been and will in the future be made available for the elimination of hazards at certain highway/railroad grade crossings on the Federal-aid Urban System and on roads not on any Federal-aid System, by the installation of warning devices, such projects being hereinafter referred to as the Section 130 Program. WHEREAS, projects selected under the Section 130 Program arc eligible for funding at the rate of 100% Federal-aid funds, provided the project costs are incurred in accordance with the conditions set forth herein, all without cost to the State and the Railroad Company, it being understood that such ratio applies only to such costs as are eligible for Federal participation, it being further understood that all non-participating costs arc borne by the Local Agency at 100%; and WHEREAS, Federal regulations (23 CFR §§646.200 et.seq. (2009)) require the State to contract with railroad companies on Federal-aid projects involving use of railroad property or adjustment to railroad facilities; and WHEREAS, the State is responsible for the administration of the Section 130 program and will act in the relative position of the Federal Highway Administration (FHWA) in reviewing and approving highway/railroad projects and in authorizing expenditure of Federal-aid funds on said projects; and WHEREAS, the FHWA has determined that the use of a three-party contract is required in order for the State to fulfill its administrative responsibilities, including the responsibility of assuring that work is not performed prior to authorization by the State; and WHEREAS, the Local Agency and the Railroad understand that, pursuant to 23 CFR §646.220, the State is responsible for issuing written authorization for all phases of the work described herein, and that the costs for such work will be eligible for reimbursement only if the work is performed after written authorization by the State; and WHEREAS, the State may authorize advance preliminary engineering and/or the early purchasing of materials for the crossing, upon receipt of the Railroad's cost estimate (Exhibit C) for the Railroad Work, in the form of authorization letters, attached hereto as Exhibit D and Exhibit E; and WHEREAS, the Local Agency has initiated this Section 130 Program project numbered SRP C030-037, 17695; and WHEREAS, the project is not located on the State Highway System, but is under the legal jurisdiction of the Local Agency; and WHEREAS, this contract provides for highway/railroad grade crossing improvements consisting of installing flashing light signals, gates, bells, and constant warning time circuitry, as more specifically described herein; and WHEREAS, the proposed improvements provided for herein are located on County Road 22, Weld County, Colorado, at the Railroad's track, National Inventory Crossing No. 804-329J, Railroad milepost 29.97; and WHEREAS, the Local Agency is responsible for complying with all terms and conditions of this contact for project SRP C030-037, 17695; and WHEREAS, the Railroad has agreed to be responsible for the installation and operation of the crossing warning devices installed hereunder; and WHEREAS, the Railroad is adequately staffed and suitably equipped to undertake and satisfactorily complete the proposed improvements, and can perform the Railroad Work more advantageously and more cost effectively than the State; and WHEREAS, it is in the public interest that the Railroad Work be performed by the Railroad's forces, on a Force Account basis; and NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, and the faithful performance thereof, the parties hereto promise and agree as follows: ARTICLE I GENERAL PROVISIONS SECTION A. DEFINITIONS I. FHWA - U. S. Department of Transportation Federal Highway Administration 2. CFR - Code of Federal Regulations 3. MUTCD - The Manual on Uniform Traffic Control Devices for Streets and Highways, Year 2003 Edition 4. PUC - Public Utilities Commission of Colorado 5. CRS - Colorado Revised Statutes 6. The term "Eligible Charges" shall include only those actual incurred costs, as provided in 23 CFR, Part 140, which are directly attributable to Project No. SRP C030-037, 17695, including, without limitation, all applicable Federal additives which are incurred following written authorization by the State for the various work functions, except as provided in Article II, Section A. 7. The term "Railroad Work" shall consist of work done by Railroad forces and shall include the following: Furnish and install flashing light signals, gates, bells, constant warning time circuitry, new cabin, including, but not limited to, all preliminary engineering design and review. 8. The term "Project" shall mean State Project No. SRI' C030-037, 17695 SECTION B. EXHIBITS The exhibits listed below are attached hereto and made a part of this contract: Exhibit A - Local Agency PUC Application Exhibit B - Print Showing Crossing Location Exhibit C - The Railroad Company's Force Account Estimate Exhibit D - Preliminary Engineering Authorization Letter Exhibit E - Materials Purchase Authorization Letter Exhibit F - Contract Funding Letter Format Exhibit G - Civil Rights Exhibit SECTION C. REFERENCE DOCUMENTS The following are made a part of this contract by reference the same as if attached hereto including any supplements or amendments thereto dated prior to date of this contract: 23 CFR §§140.900 et.seq. (2009) 23 CFR §§646.10I et. seq. (2009) 23 CFR §§646.200 et. seq. (2009) MUTCD, Dated 2003 SECTION D. DESIGN DATA The Project provided herein consists generally of installing highway/railroad grade crossing improvements consisting of flashing light signals, gates, bells, constant warning time circuitry, new cabin and concrete crossing pads, located on County Road 22, Weld County, Colorado and the Railroad's track, National Inventory Crossing No. 804-329J, Railroad milepost 29.97. 4 • ARTICLE II COMMITMENTS ON THE PART OF THE LOCAL AGENCY SECTION A. PRE-CONTRACT ADMINISTRATIVE TASKS Certain administrative tasks are necessary to be performed prior to execution of this contract and the Local Agency agrees that the costs of those tasks, whether incurred by the Local Agency or the State shall be eligible for reimbursement from Project funds. Said tasks include, but are not limited to, attending pre-design meetings, help obtaining FHWA approvals and preparation of this contract. In the event Federal-aid funds are not made available, or are withdrawn for the project, the Local Agency shall reimburse the State for costs incurred by the State, subject to the limits provided in Article IV, Section B., in administering this contract. SECTION B. PUC APPLICATION The Local Agency will make application to the Public Utilities Commission requesting a PUC order providing for the improvement provided for herein. The Local Agency shall include a copy of this fully executed contract with the PUC application or submit it to the PUC as a late- filed exhibit. The Local Agency shall participate in any hearing before the PUC in this matter. The State's issuance of authorization to proceed with the Railroad Work shall be contingent upon the PUC approval. SECTION C. UTILITIES The Local Agency shall be responsible for obtaining proper clearance or approval, in writing, or formal agreement if utility adjustments arc required, from utility companies which may be involved in the project. The Local Agency shall furnish the State with documentation of such clearance or approval prior to installation of the proposed improvements. SECTION D. RIGHT-OF-WAY The Local Agency shall provide written certification to the State that the proposed project will be constructed on existing right-of-way or that if right-of-way is acquired for the completion of the project that such acquisition was made in accordance with FHWA and State regulations. SECTION E. COST ESTIMATES Prior to execution of this contract, the Local Agency shall review the Railroad's plan and estimate (Exhibit C) for the Railroad Work defined in Article I, Section A, and shall notify the State, in writing whether the estimate is not acceptable as a basis for reimbursing the Railroad for eligible charges. The Local Agency shall also provide the State, if requested, with the Local Agency's cost estimate for construction zone signing, including detouring of traffic if required, pavement marking, and any other work the Local Agency will be responsible for in connection with this crossing improvement. The State will assist in determining these costs if requested by the Local Agency. SECTION F. CROSSING IMPROVEMENT WORK The Local Agency shall coordinate crossing improvement work and shall inspect the Railroad Work performed by Railroad forces. The Local Agency shall not initiate or authorize any crossing improvement work, including the Railroad Work until the State has issued the Notice to Proceed, Article IV, Section A, to the Local Agency and the Railroad. In the event that such work is initiated by the Local Agency prior to issuance of the notice to proceed, other than advance preliminary engineering or the early ordering of material as authorized, in writing, by the State, when applicable (Exhibits D & E), the Local Agency shall be solely responsible for all costs incurred for work performed prior to such issuance. The Local Agency shall be responsible for providing a traffic control plan that meets the criteria of the most current edition of the MUTCD. The Local Agency shall submit a traffic control plan to the Region 4 Utility Engineer before the Notice to Proceed will be issued. SECTION G. RAILROAD COMPANY REIMBURSEMENT Upon receipt of the Railroad's billings from the State's Railroad Coordinator, the Local Agency shall review and verify the billings for the Railroad Work performed hereunder to ensure that the billings are for eligible charges for work actually performed. After Local Agency verification, the designated representative from the Local Agency shall send written confirmation to the Region 4 Utility Engineer and the State's Railroad Program Manager that the work has been accomplished. The Railroad bill, whether a progress billing or a final billing shall be paid by the State within forty-five (45) days of the State's receipt of the Railroads bill, subject to the continued availability of sufficient encumbered funds therefor as provided in Article V, Section A. The Region 4 Utility Engineer will approve the bill for payment by the State to the Railroad. SECTION H. MAINTENANCE Upon completion of this Project, the Local Agency shall maintain the roadway approaches of County Road 22, to the crossing described in Article I, Section D. Roadway approaches shall be considered that section of roadway in the vicinity of the crossing beginning at the railroad crossing advance warning signs and extending to the ends of the railroad track cross tics. The Local Agency shall also be responsible for maintaining advance warning signs and, pavement markings. The Local Agency shall not be responsible for maintaining the Railroad's facilities. SECTION 1. INSPECTION AND AUDIT The Local Agency shall, during all phases of the work, permit duly authorized agents and employees of the State and the FHWA to inspect the project and to inspect, review and audit the project records. The Local Agency shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and to make such materials available at all reasonable times during the construction of the project and for three (3) years from the date of final payment. Copies of such records shall be furnished by the Local Agency if requested. 6 ARTICLE III COMMITMENTS ON THE PART OF THE RAILROAD COMPANY SECTION A. CROSSING AT GRADE 1. Warning Devices. The Railroad agrees to accomplish by force account all the Railroad Work defined in Article 1, Section A, as provided hereunder, provided that the Railroad shall obtain written notice to proceed from the State before it starts to perform or authorizes the performance of such railroad force account work. In the event that such work is initiated prior to the issuance by the State of the written notice to proceed, other than advance preliminary engineering and early ordering of materials as may be authorized in writing by the State's Chief Engineer(Exhibit D and Exhibit E), the Railroad shall be solely responsible for all costs incurred for such work. 2. Plans and Force Account Estimate. Prior to execution of this contract, the Railroad shall submit a general plan showing the crossing, the type(s) and location of crossing warning devices to be installed, and the approximate approach lengths and/or warning time for the devices along with an itemized cost estimate(Exhibit C) for the proposed Railroad Work to the Local Agency and the State. Said estimate shall take into account the value of all existing material that can be salvaged. The Local Agency shall be afforded the opportunity to inspect salvaged material. The cost estimate shall conform to the requirements of 23 CFR, Part 140, Subpart I, and shall be of the form prescribed in 23 CFR, Part 646, Subpart B. 3. Changes in the Railroad Work. No change shall be made in the Railroad Work which will alter the character or scope of the Railroad Work without the prior written concurrence from the Local Agency and prior written authorization by the State. The Railroad shall be responsible for cost increases resulting from unauthorized changes in the Railroad Work. SECTION B. COORDINATION After receipt of the notice to proceed from the State, the Railroad shall notify the Local Agency and the State at least ten working days in advance of beginning the Railroad Work so that the Local Agency can arrange for construction zone traffic control and inspection. The Railroad shall also furnish the Local Agency and the State a copy of the completion notice the Railroad furnishes to the PUC. SECTION C. THE RAILROAD'S BILLINGS TO THE STATE Progress billings for "eligible charges" for the Railroad Work shall be acceptable in minimum amounts of$500 for each billing. The Railroad shall provide its final and complete billings of all incurred costs to the State's Railroad Program Manager within one-year following completion of the Railroad Work as described in Article 1, Section C. The billing for such work shall reference the Project No. SRP C030-037, 17695 EACH INVOICE SHALL SPECIFICALLY STATE THE WORK PERFORMED AND SHALL BE THE SAME AS THE WORK AUTHORIZED. IF PAYMENT IS NOT MADE WITHIN 45 DAYS OF THE STATE'S RECEIPT OF AN INVOICE, THE STATE SHALL PAY INTEREST TO THE RAILROAD NOT TO EXCEED 1% PER MONTH UNTIL PAYMENT 1S MADE SUBJECT TO THE TERMS AND CONDITIONS OF SECTION 24-30-202 (24), C.R.S. The State shall provide the Railroad with written notice of the completion of the work, thus marking the beginning of the one-year period. If the Railroad does not present the final bill to the State's Railroad Program Manager within that one-year time period, as required by 23 CFR §140.922 (2009), then previous payments to the Railroad for the Railroad Work may be considered as final and complete reimbursement for that work, and the State may close out the project with no further financial obligation. Railroad's billings for incurred costs for the Railroad Work shall be audited by the State for compliance with 23 CFR §§140.900 et.seq. (2009). SECTION D. MAINTENANCE Upon completion of the work required under this contract, the Railroad shall thereafter operate, maintain, repair and keep its roadbed, track and appurtenances, including the railroad grade crossing warning devices installed hereunder, in proper working condition. In the event any federal, state or other funds become available for use in the operation, maintenance, or repair of the crossing warning devices installed hereunder, the Railroad shall be free to apply for such funds. SECTION E. CIVIL RIGHTS The Railroad, in the prosecution of the work herein prescribed, will adhere to the requirements of the Civil Rights (Exhibit G), and will include the provisions of the said Civil Rights Exhibit in every subcontract; including procurement of materials and leases of equipment, unless exempt by the regulations, orders or instructions issued pursuant thereto. ARTICLE IV COMMITMENTS ON THE PART OF THE STATE SECTION A. PROJECT ADMINISTRATION I. Approvals by the State. 'fhe State, acting in the relative position of the FHWA, shall be responsible for approving the various work functions relative to this Project. The work functions include, but are not limited to, preliminary engineering, right-of-way, utility adjustments, Railroad Work, and work by the Local Agency. 2. Notice to Proceed. The State's Regional Utility Engineer, Region 4, shall issue written notice to proceed for the various work functions as may be required. Any work function performed by the Local Agency for the Railroad prior to the issuance of the notices to proceed shall not be eligible for reimbursement from Federal-aid funds other than advance preliminary 8 engineering and early ordering of material as may be authorized in writing by the State's Chief Engineer(Exhibits D & E). 3. Contract Management System. The provisions of Article V, Section L, relating to the requirements of the Contract Management System, are the sole responsibility of the State and not the Railroad or the Local Agency. SECTION B. STATE'S SUPPORT SERVICES AND CHARGES The State shall perform the support services necessary for the approval and administration of this contract. These services may be performed in preparation for any conditions or requirements of this contract, including prior FHWA approval of project work. At the request of the Local Agency, the State may also provide other assistance under this contract as agreed in writing. However, in the event that Federal funding is either not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to Project completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be at the sole expense of the Local Agency, not to exceed Two Thousand and 00/100 Dollars ($2,000.00). The Local Agency shall reimburse the State the actual costs incurred by the State in performing such assistance in an amount not to exceed Two Thousand and 00/100 Dollars ($2,000.00). ARTICLE V ADDITIONAL PROVISIONS SECTION A. FINANCIAL PROVISIONS 1. Contract Amount. The total encumbrance for this Project is $183,727.00. Federal funds are 100% of the amount. The State's maximum financial obligation for all Eligible Charges and other work costs under this contract is currently limited to that total encumbrance amount. The State will budget, appropriate and make funds available to pay the Railroad for additional work on this Project as long as the additional work is legitimate and the Railroad has communicated with the State Project Engineer to allocate more funds. The State Project Engineer will allocate more funds using a Funding Letter described below. The Railroad must communicate with the State regarding the allocation of more funds before the work is performed if practicable. Additional work is work that falls under the definition of"Railroad Work" contained in Article l(A)(7) and includes increases in costs of"Railroad Work" due to labor and materials. It is specifically agreed that Railroad labor costs can include as additives, prorated equipment costs as specified in 23 CFR §140.910. The State shall not be responsible for any unauthorized extra work. Extra work is work that does not fall under the definition of"Railroad Work" contained in Article I (A) (7). If Project costs under-run the estimated total budget, the Federal portion of such under-run shall be reallocated within the framework of the State's Section 130 Program as mutually agreed upon by the State and the FHWA. 9 2. Funding Letter. The State may allocate more funds available on this contract using a Funding Letter substantially equivalent to Exhibit F and bearing the approval of the State Controller or his designee. The Funding Letter shall not be deemed valid until it shall have been approved by the State Controller or his designee. SECTION B. REPRESENTATIVES 1. To Local Agency: Bob Patrick, Project Manager Weld County Public Works PO Box 758 Greeley, CO 80632-0758 Phone: 970-356-4000, ext. 3742 2. To Railroad: Kelly Abaray Manager— Industry and Public Projects Union Pacific Railroad Company 1400 West 52nd Avenue Denver, CO 80221-1589 Phone: 303-964-4099; fax: 303-964-4054 3. To State: Rudy Sipnefski Region 4 Utility Engineer Colorado Department of Transportation 1420 2°d Street Greeley, CO 80631 Phone: 970-350-2164 4. Billings Sent To: Bill Snowden Railroad Program Manager Safety and Traffic Engineering Branch Colorado Department of Transportation 4201 East Arkansas Avenue, 3"' Floor Denver, CO 80222 Phone: 303-757- 9268; fax: 303-757-9219 SECTION C NO BENEFITS TO THE RAILROAD In accordance with 23 CFR §646.210 (b)(1) (2009), it is determined that the improvements herein provided will not result in ascertainable benefits to the Railroad and, consequently, liability for the cost thereof shall not be required of the Railroad, except as previously agreed in Article I11(A)(2). 10 SECTION D. CANCELLATION In the event delays or difficulties arise in securing necessary approvals, or in acquiring necessary right of way, or in settling damages or damage claims, or for any other reason, which, in the opinion of the State render it impracticable to utilize funds from the current appropriation for the construction of the project, then at any time before actual construction is started pursuant to proper approval or authority, the State may serve formal notice of cancellation upon the Railroad and this contract shall thereupon become null and void. In the event of any such cancellation, the State shall reimburse the Railroad for all related preliminary engineering costs incurred by the Railroad prior to the effective cancellation date. SECTION E. FUTURE USE OF WARNING DEVICES If, hereafter, by agreement, negotiation, or order of competent public authority, the grade crossing warning devices are rendered unnecessary, undesirable or improper by closing of said crossing, by relocation, by separation of grades, or by developments or improvements in crossing protection or otherwise, such devices shall be removed, and if by mutual agreement the grade crossing warning devices are deemed suitable for reuse at another location, they shall be reinstalled at that location by the Railroad under a separate agreement for relocation between the State, Local Agency, and the Railroad, as approved by the PUC. If the Local Agency widens the highway, or makes any changes therein which require relocation of said devices, the Local Agency will bear the entire cost of making such changes. Whenever by reason of Railroad changes said devices are removed, relocated or replaced, the entire cost thereof shall be borne by the Railroad. SECTION F. TERM The term of this contract, except for the provisions regarding roadway maintenance and future use of warning devices, shall continue through completion and final acceptance of this project by the State and the FHWA. The covenants regarding roadway maintenance and future use of warning devices constructed under this contract shall remain in effect in perpetuity or until such time as the Local Agency or the Railroad is, by law or otherwise, relieved of such responsibility. SECTION G. FEDERAL AID PROJECTS It is understood that the project herein contemplated shall be financed from funds made available by the federal government and expended under federal regulations; that all plans, estimates of cost, specification, authorizations, awards of contracts, acceptances of work and procedures in general arc subject at all times to all federal laws, rules, regulations, orders and approvals applying to federal projects. SECTION H. SUCCESSORS AND ASSIGNS All of the covenants and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. SECTION I. SIGNATURE AUTHORITY The Railroad represents and warrants that it has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the Railroad and to bind the Railroad to its terms. SECTION J. EXCEPTIONS TO SPECIAL PROVISIONS 1. The parties hereto agree that the final sentence of paragraph 4, Independent Contractor. (4 CCR 801-2) of Section L., Special Provisions, is replaced with the following: Contractor shall provide and keep in force such types of Workers' Compensation Insurance, in the amounts required by law (and provide proof of such insurance, if such insurance is required by law, when requested by the State) and Unemployment Compensation Insurance, if required by law, in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees, and agents. 2. The parties hereto agree that the first sentence of paragraph 6, Choice Of Law, of Section L., Special Provisions, is replaced with the following: The laws of the State of Colorado and rules and regulations issued pursuant thereto, to the extent not preempted by federal law, shall be applied in the interpretation, execution, and enforcement of this contract. 3. The parties hereto agree that paragraph 7, Vendor Offset. (CRS §§ 24-30-202 (1) & 24-30-202.4) shall apply to this contract, to the extent not preempted by federal law. SECTION K. SPECIAL PROVISIONS Revised 01/01/09 1. Controller's Approval. (CRS §24-30-202(1)). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. Fund Availability. (CRS §24-30-202(5.5)). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted. and otherwise made available. 12 3. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. Independent Contractor. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. Choice of Law. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution. 7. Binding Arbitration Prohibited. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be 13 null and void. 8. Software Piracy Prohibition. (Governor's Executive Order D 002 00). State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. Employee Financial Interest/Conflict Of Interest. (CRS §§24-18-20I and 24-50-507). The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. Vendor Offset. (CRS §§24-30-202 (1) and 24-30-202.4). Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. Public Contracts For Services. (CRS §8-17.5-101,102). Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a 14 subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 12. Public Contracts With Natural Persons. (CRS §24-76.5-101). Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. SECTION L. SPECIAL PROVISIONS. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Contractor under this Contract is 5100,000 or greater, either on the Effective Date or at anytime thereafter, this § L applies. Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102- 206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. 15 Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the perfonnance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Transportation, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or(b) under CRS §24-105- 102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 16 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT STATE OF COLORADO UNION PACIFIC RAILROAD COMPANY BILL RITTER,JR., GOVERNOR By By [ p Gabriella C. V1 al, P.E. ��AICCDI�(? Branch Manager Title I`IEERI U Safety and Traffic Engineering Branch Attest_ _ i..C C—) 1400 Douglas Stree L Omaha,NE 68179 Assistant Secretary WELD COUNTY, COLORADO Attest By_ E' Title APPROVED: JOIIN SUTHERS Attorney General arc Assistant Attorney General CRS §24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller,or such assistant as he may delegate. sign it. Except for preliminary engineering review performed by the Railroad the Local Agency or their contractor as set forth in this Contract, the Railroad is not authorized to begin performance until the Contract is signed and dated below. Except for preliminary engineering review performed by the Railroad, Local Agency or its contractors as set forth in this Contract, if performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. State Controller Davidd J. McDermott By CDOT/Controller Date 9�101 17 ATTEST: i r BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO • Z eA. Y 1 .0 ��\ By• (Deputy)Cler,_ thaBoa ® � oug s Radema er,Chair AUG 3 0 2010 18 07c/O- /j2>' EXHIBIT A To Contract PUC Application or Order Deeming Application Complete And Granting Application Decision No. R10-0728 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO DOCKET NO. 10A-257R IN THE MATTER OF WELD COUNTY, FOR THE AUTHORITY TO INSTALL NEW FLASHING SIGNALS AND AUTOMATIC GATES ARMS WELD COUNTY ROADS 22, 40, AND 42 AT UNION PACIFIC RAILROAD. RECOMMENDED DECISION OF ADMINISTRATIVE LAW JUDGE G. HARRIS ADAMS GRANTING APPLICATION UNDER MODIFIED PROCEDURE Mailed Date: July 14, 2010 I. STATEMENT 1. On April 21, 2010, the Weld County Public Works Department (Weld County) filed an application seeking authority to install flashing lights, gates, bells, new cabin, and constant warning time circuitry at each of the three crossings of Weld County Road (WCR) 22, WCR 40, and WCR 42 with the Union Pacific Railroad Company (UPRR) Greeley Sub, National Inventory Nos. 804329J (WCR 22), 804345T (WCR 40), and 804348N (WCR 42), in Weld County, State of Colorado. 2. Notice of the application was provided by the Commission to all interested parties, including adjacent property owners pursuant to § 40-6-108(2), C.R.S., on April 29, 2010. 3. On May 27, 2010, UPRR filed an Entry of Appearance and Notice of Intervention. UPRR objects to the Application as filed stating that there are a number of terms that Weld County has inserted in the Application that cannot be accepted by UPRR including: 1) UPRR cannot be limited to be reimbursed for costs set by a contract with Weld County; Before the Public Utilities Commission of the State of Colorado Decision No. R10-0728 - DOCKET NO. 10A-257R 2) UPRR's personnel will not be administering the crossing improvements; and 3) Weld County has misrepresented the Commission's rules in the Application. 4. On June 15, 2010, pursuant to Decision No. C10-0591, the Commission deemed the application complete and refereed the matter, including the intervention to the undersigned Administrative Law Judge (ALJ) for disposition. 5. By Decision No. R10-0609-I, the ALJ set a prehearing conference for July 1, 2010. 6. By Decision No. R10-0614-I, the All ordered Weld County to either obtain legal counsel and have said counsel enter an appearance in this matter by June 30, 2010, or in the alternative, make a filing showing that under Rule 1201(b)(II), 4 Code of Colorado Regulations (CCR) 723-1 that Weld County could proceed in this matter without an attorney. 7. On June 23, 2010, Weld County filed an Amendment to Application, Entry of Appearance and Response to UPRR Notice of Intervention. Weld County Attorney Bruce T. Barker entered an appearance on behalf of Weld County Department of Public Works, amended information contained in the original application, and stated that Weld County believed that the objections of the UPRR were met with the additional filing. 8. On July 1, 2010, a prehearing conference was called to order. No parties appeared at the prehearing conference, and the conference was concluded. 9. By Decision No. R10-0692-I, the ALJ established a procedural schedule for this matter and set a hearing in this matter for September 14, 2010. 10. On July 9, 2010, UPRR filed a Response to Amendment to Application and Amended Intervention. UPRR states that the Amendment to Application filed by Weld County 2 Before the Public Utilities Commission of the State of Colorado Decision No. R10-0728 DOCKET NO. 10A-257R essentially removes the matters to which UPRR had objected, and therefore UPRR withdraws its original objections. 11. Based on the Amendment to Application filed by Weld County and the Response to Amendment to Application and Amended Intervention by UPRR, the Application is now uncontested and may be processed under the modified procedure, pursuant to § 40-6-109(5), C.R.S., and Rule 4 CCR 723-1-1403, without a formal hearing. 12. In accordance with § 40-6-109, C.R.S., the undersigned ALJ now transmits to the Commission the record in this proceeding along with a written recommended decision. II. FINDINGS AND CONCLUSIONS 13. The Commission has jurisdiction in this matter pursuant to §§ 40-4-106(2)(a) and 40-4-106(3)(a), C.R.S. 14. Weld County is the road authority that is duly authorized to construct, maintain, and operate public roads within Weld County. Weld County is the Applicant. 15. UPRR is the railroad company that owns the tracks in question at the crossings with WCR 22, National Inventory No. 804329J; WCR 40, National Inventory No. 804345T; and WCR 42, National Inventory No. 804348N. UPRR is an intervenor. 16. Weld County and UPRR are the only parties in this matter. 17. With this application, Weld County is seeking authority to have active warning consisting of installation of new flashing lights, gates, bells, new cabin, and constant warning time circuitry installed at the three crossings of WCR 22, WCR 40, and WCR 42 with the UPRR Greeley Sub as part of the Federal Section 130 railroad/highway hazard elimination program. The three crossings are currently stop sign controlled. 3 Before the Public Utilities Commission of the State of Colorado Decision No. RIO-0728 DOCKET NO. 19A-257R 18. Weld County states that 2009 average daily traffic volumes using the crossings are 1,209 vehicles per day (VPD) at WCR 22, 228 VPD at WCR 40, and 258 VPD at WCR 42. Traffic volumes are projected to increase to 2,165 VPD at WCR 22, 408 VPD at WCR 40, and 462 VPD at WCR 42 by 2019. Speeds on all three Weld County Roads are posted at 55 miles per hour (MPH). UPRR currently runs approximately 20 trains per day with a maximum timetable speed of 60 MPH for freight and 79 MPH for passenger. No projections for future growth were provided. 19. Weld County states that work at the crossings is expected to begin June 1, 2010 and be completed by October 1, 2011. The Commission will require Weld County to inform the Commission in writing that the crossing changes are complete and operational within ten days of completion. The Commission will initially expect the letter sometime around October 1, 2011. However, the Commission does understand that this letter may be provided earlier or later than this date depending on changes or delays to the construction schedule. 20. Weld County provides cost estimates for each of the projects. WCR 22 is estimated to cost $183,727, WCR 40 is estimated to cost $284,065, and WCR 42 is estimated to cost$224,028. Federal Section 130 funds will pay for 100 percent of eligible costs and Colorado Department of Transportation funds will pay for non-participating and indirect costs. Weld County requests to late-file the finalized construction and maintenance contracts. 21. The Commission does not expect construction on these projects to begin until all of the proper agreements have been entered into by the parties. The Commission will require Weld County to file copies of the signed Construction and Maintenance Agreements as soon as possible, but no later than August 31, 2010 so the Commission knows that construction on these projects will begin. 4 Before the Public Utilities Commission of the State of Colorado Decision No. RIO-0728 DOCKET NO. 10A-257R 22. UPRR will be required to file copies of the updated US DOT Inventory forms for the three crossings in this proceeding once construction of the new signals is complete. The Commission will expect these updated inventory forms to be filed at the completion of construction of the project around October 1, 2011. 23. Weld County shall be required to maintain the roadway approaches to the end of ties, and all advance warning signing and striping to the crossings at its expense pursuant to 4 CCR 723-7-7211(c). UPRR shall be required to maintain their track, ties, warning devices, train communications equipment, and appurtenances at its expense pursuant to 4 CCR 723-7- 7211(a). 24. In accordance with § 40-6-109, C.R.S., the ALJ recommends that the Commission enter the following order. III. ORDER A. The Conunission Orders That: 1. The unopposed application filed by Weld County Public Works Department (Weld County) filed on April 21, 2010 as amended on June 23, 2010, seeking authority to install flashing lights, gates, bells, new cabin, and constant warning time circuitry at each of the three crossings of Weld County Road (WCR) 22, WCR 40, and WCR 42 with the Union Pacific Railroad Company (UPRR) Greeley Sub, National Inventory Nos. 804329J (WCR 22), 804345T (WCR 40), and 804348N (WCR 42), in Weld County, State of Colorado is granted. 2. Weld County is authorized and ordered to proceed with the installation of active warning devices at the three crossings of WCR 22, WCR 40, and WCR 42, all in Weld County, Colorado. 5 Before the Public Utilities Commission of the State of Colorado Decision No. R10-0728 DOCKET NO. 10A-257R 3. Weld County is required to maintain the approaches to the crossing surface up to the outside end of the ties, and signage and striping to the crossings at its expense pursuant to Rule 4 Code of Colorado Regulations (CCR) 723-7-7211(c). 4. UPRR is required to maintain the crossing surfaces, track, ties, appurtenances, and active warning equipment at its expense pursuant to Rule 4 CCR 723-7-7211(a) and 723-7- 7301(a). 5. Weld County is required to file signed copies of the Construction and Maintenance Agreement as soon as possible, but no later than August 31, 2010 and construction work is not expected to begin until these signed agreements are filed. 6. Weld County is required to inform the Commission in writing that the crossing changes are complete and operational within ten days after completion. The Commission shall expect this letter sometime around October 1, 2011. However, the Commission understands this letter may be provided earlier or later than this date depending on changes or delays to the construction schedule. 7. UPRR shall be required to file copies of the updated US DOT Inventory forms for the three crossings in this proceeding once construction of the new signals is complete. The Commission will initially expect these updated inventory forms by October 1, 2011. 8. The Commission retains jurisdiction to enter further orders as necessary 9. The hearing scheduled to commence in this matter on September 14, 2010 is vacated. 10. This Recommended Decision shall be effective on the day it becomes the Decision of the Commission, if that is the case, and is entered as of the date above. 6 Before the Public Utilities Commission of the State of Colorado Decision No. R10-0728 DOCKET NO. 10A-2578 11. As provided by § 40-6-109, C.R.S., copies of this Recommended Decision shall be served upon the parties, who may file exceptions to it. a) If no exceptions are filed within 20 days after service or within any extended period of time authorized, or unless the decision is stayed by the Commission upon its own motion, the recommended decision shall become the decision of the Commission and subject to the provisions of§ 40-6-114, C.R.S. b) If a party seeks to amend, modify, annul, or reverse basic findings of fact in its exceptions, that party must request and pay for a transcript to be filed, or the parties may stipulate to portions of the transcript according to the procedure stated in § 40-6-113, C.R.S. If no transcript or stipulation is filed, the Commission is bound by the facts set out by the administrative law judge and the parties cannot challenge these facts. This will limit what the Commission can review if exceptions are filed. 7 Before the Public Utilities Commission of the State of Colorado Decision No. R10-0728 DOCKET NO. 10A-257R 12. If exceptions to this Decision are filed, they shall not exceed 30 pages in length, unless the Commission for good cause shown permits this limit to be exceeded. (S E A L) THE PUBLIC UTILITIES COMMISSION �- - OF THE STATE OF COLORADO ,--,,,<)‘_ f COLD Afrit'` / x y G. HARRIS ADAMS c\N,, - q°M� i. : pkah�,� � Administrative Law Judge iC [ •i rt3 s ,sN`A ATTEST: A TRUE COPY Doug Dean, Director Document 1:SRS 8 EXHIBIT B To Contract Project Location Map NIC 804-329J C) o m a Iii �a s Rs Co Rd 22 Co Rd 22 A 4 .__ Co Rd 20 Co Rd 2 o C) 0 � J a u xi I N co, ii,,,,,:3 I, S m w Co Ro 18 112 Co Rd 18 1r2 r. a Iti � II _ 1 EXHIBIT C To Contract Railroad Company' s Force Account Estimate • • • 1)M1:: 2.'10 03-1(1 FS':'ll•'ATI: or MATFHJAL. AID FORCE Ar:CL)UBT RY Ae 1 E'f C' i..A:LRUAI' 1111S ESTII%ATE ;03iJL) !')k i. FIGN11113 i:Xi'1F\'III)N 11A1'F :S :?!:I) (1'1 08 OFSCRIPT1CN OE CORK: INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS WITH GAINS AT FORT LULTON, CO C.R. 22 M.P. 29.97 GRE.S'1.EY SUH • DT. 8804:2.9. ::OAK TO DE PREFORMED 3Y RALLROA.1 WITH NY..I•FNSI: AS TM...RI: I: SIGNAL • FEDERAL - 1051 ESTIMATED USING FEDERAL. ADDITIVES 105.011 FID: 67820 Al 0: 03170 l•1P,SUP_DI V: 29.47, GRE'F1•FY SERVICE UNIT; 14 CITY: FORT LL'PTON STATE: Co OF:CtIPTION QTY UNIT LAHOR I•LAT(RIAL. R'OI.:. UGRR TOTAL IINGINEERTRO Y:OT(K FNG:NLER I NG 3.10'1 3 104 3104 I.Ai+c;k A}DET Vk: 105.61% 831 SS11 2231 SIG HWY XNG .421 :321 T'JTAL• ENGINEERING :6656 1C(:6l, 1669(• SIr::.•Al. ;:-'.RR KIi.! 1'r i' 900 9Jv 9C'0 CONTRACT `.4:4 5.3'.5 55:5 LABOR ADDIT:VE IOa.,1% 129/4 329-74 322974 MA1':. STORE 'rXPENSe 7 7 7 METER SERVICE 15000 15000 15000 PERSONAL EXPENSES 16500 1G!'S: 16560 RUCK/GRAVEL/FILL 1500 1!'.0(1 1500 SIGNAL 30321 54141 F446? 84462 TPAISF/IR/OR/RCL1•I CONTR 10313 101:3 103:3 1''1A1 SIOI)AL. 6419S 102875 IC70'0 1670-)0 'l0A0K t P'CIRFACE w:)RK EF:VI:L(:N;1E..:'1' T, PENI•U i INJ 1I 1 'i.'IAL :RACK 6 SUk3ACF. 1I • !ARUR/:•:A_'FRIAL 1:XL'F:i'S'. 8085: 10296 • RECOLL CTILCUP.'PRR EXPEICE ,6172/ C ESTIMATED 1'RL'.i£CT (X)''i 18i1%I ;r.:: AROVE FIGURES ARC ESTIMATES ONLY AND SG!!J"1I/:T TO FLU':iFATIC:: Ill Tiff. EC'1.1:= CIF AN INC.HEASF. OR DECREASE IN THE COST OR QUANTITY .OF FIAT (IAL OR LABOR RROHIRED. 111:kk 2111! 0::t FOR AI::LA ...`:TRCI& L 11:N COSTS AT 1111: CI.:R4:t:'1' ,34'(2'11 rv1. RATE. PON;.r 3C-1 PAGE 01 :;OR_E GoP URGER Au'I HUI.I LA1 TON UFTA1:, OF PST 1 tATEII EXPEND IT,RES PkOJ 11O PS020 A.':LU. EU UIY'ly n.O. NO P.P.ILIP:4141P OPEC CO. P.I. NO: 105510 IJIi A'I'_'iN FORT dl1P`ON,CU,Ck 22 £TPA 5: CJ 14:1181 EN'f: EN111NLERIN,. SE.P.VICLII SSW/1P- R:I1 14 ._. 04P. _1481A[4 Al rO.11.11111 P1 ASH P,NG IicIpp C2O.'!GI l iU@Ald 1.I-11 SATES AI 504.1 LU.PIN, 118 - C.P. 22 1<.P. 29.90 JHE1:I.E: Surf ..4y 82.(114 C 11VPA If: HL :'PC EP P:1111: P? 114 11.1.0441 WITH EX 41 AS .441014 FORA 30 3 IOOP. 01 03_.. R( .._,., r 1 J1!/A IGN U AlI, c mfr-'.A7F1 Ir: PlOPPP PRGJO /0: PAIL[ 1:0021140:ii I. LPV t::2fl V£1_ S _. ,`J diflldEC' V1)4 FI.P. ,.d...� IN7'OER SEC /1001 FRO: TO FPIC-'N'i AlO LIT) FORMA 30 I PAGE 04 MORE tr:C12X ORDER AOTHORJ'ZATION•DRTAI:. OF ESTIMATED EXPENDITURES PM'3.1 NO, F'7620 A.W.O. NO: 33170 N.O. ::0: RAI:X Ala IJPRR CO. H.C. NO: 1C?1:10 I•UC A'l l: FORT LUPTON,1'U,CR 22 STATE: CO DEPAk1JIEIi : ENGINEERING SERVICES `JAL SEC: 0903 ... .... ... . ... SIO:'( f•'A7FRIAL PLAN - .. . .. l'1TM 'T6:-! :11::1 D:kECT NU;-:f3Lti DESCRIPTION :'i):1C :.IY 1:.'•: :•1A':I. $ !: 041420 LANE10',GNt, :,0A''. 118 All. 147 Tf I) FA '124 '.:2c 4,:p.4.:-.,. 2+A"..r :!•.0. .•'A.3., .',.i :r: 0%01_2.1^ CAHLE TIR. NYVC:N I '/8' MAX. DIA 0.02 260 PA 4 0901190 -:'AriL: 111:, NYLON 1/2" i.1P,Y. DTA 0.16 2'J EA 4 69014968 CIRCUIT TiuXR,120/;4UV 20A ? i"Jl,F' 1.3.60 1 EA. 19 C90:•435L' RELAY, CJErl.PURFOSL 1200. TAB 856 4.86 1 PA 09057650 S:h'KET,P.N 27E322 'IAIl 8.36A 6 855 2.00 1 LA 2 09065700 TAPE, ELECTRICAL P.TASTIC 1.01 2 IC 6 09056400 TEPAIIKAL,SPADE.10-12 WIRE,08 STUD 0.17 10 EA 2 :19117106 TF:RM.LUG 3/16 CAHLF'-1/4 ?OS: 2412 0.55 30 EA 1'l 0`171!100 33466 TERMINAL, R1A'+J 1ONGUE Nit' 0.19 •!4 BA 11 09224756 216.107 T6R.4LNAL,FLRRULE,FOR 810 0.06 20 EA 1 8)22480C 216.10.1 TERMINAL, FF.,RRUF:F, W 0.02 50 EA •.,:603'1•C 1'F'E.M...AL.1t;., :4 d? 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WIFE 016 A"•2) 1 C.)r:l) COF'PER, STPM7 0.10 C50 LF 6`. 09976180 141kC,t22.TW.PR. PELDEEC 88761 0.13 20 LF i 1'.»':870 SHEET PLIAL SCREE:, 810 X 1 INCH 3.52 1 HX 4 135:-.24...0 SHEET METAL SCREI1,1412. X 3/4" 2.10 2 EX. 4 1il5j S(!F:Ft' .'FTAI. SCREW 912 X 1" 3.03 2 !1X 6 17061400 PAI)L000•SIOSAL,WITIIC'UT KEY.A61111'IC 15.05 7 PA 13', :603)/1:1 CAn,O`i. JJ •/6"l, x 2.i 1/4"W Y. 17 . 67 PA 6 2803333;. :Ai.CON. './64„ :C 14 1/2.E .. 18' 11.10 VA 11 r•-•.,i:h8.; F,I.r.i.t. . .. 40 t1:''.• ', .A1 4 u'C . i'?.. IF , 0.10•:2'• FLAMER OF PAFCS, 0!'1:1• t'13"^ 2.7, •l E:4 l i 292.101'1.;: .:1.:! t EIJAWR'l C;..:S1•:5. i.C 00 FA .6. • F rR61 30-1 PAGE 05 6:ORE l£K ::BORE A THORLZII O: DTIAI1 AN 6605'5.,}' F PENCI1UPES 6003 NC' 17 22 6 01.. N 03370 . 110 IAIL �1- Illl/k CO. 9.1 :C _I':IT FOCB II 99CR 21 : 'AI£. EN, f ::1:40159 n... ,. 14S C200210& UON9 Ill! l [NC 1q\S, 5/112 DIA. 5.75 52003 'l POWER CAPLE, -96919 SO CENERATOR 140.2. 146 52005700 800D IIIR6,7 6711/51126 100 6F. 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E ri WZ y t` Ift 6 b a p O � J c oti r,4 t1g gtgi 4;5 4e 44 :t ® bi-i ati 41 ® 1 { { I Q1 1 I I ' 1 I { ©VC OCtre 01 S173t+07 -__. - { 0 0 J EXHIBIT D To Contract Preliminary Engineering Authorization Letter M ' STATE OF COLORADO DEPARTMENT OF TRANSPORTATION •.r•:• Traffic Engineering Branch 4201 Fast Arkansas Avenue,3rd Floor Denver,Colorado 80222 F ��71 (303)757.9654 Voice �M- (303)757-9219 Fax November 23, 2009 Kelly Abaray Manager, Industry and Public Projects Union Pacific Railroad 14011 West 52" Avenue Denver, CO 80221-1529 Re: Preliminary Fngineering Authorization Dear Ms. Abaray This letter is the State's authorization to the UPRR. pursuant to 23 CFR 646, Subpart li, to perform the preliminary engineering services required for the following CD(Y4 project(s): SA 17263, SRP 0063-032, UPRR - River Road, Grand Jet., Mesa County. SA 17624, SRP 0063-033. UP.R.R - 17 Road in Fruita. Mesa County SA 17625. SRP 0402-077, UPRR - US 40 West of Hayden, Routt County SA 17695, SRI' ('03(1-037 l!PRR - Weld County RI.) 22 SA 17696 SRP (`030-038 UPRR - Weld County RD 40 SA 17697 SRI' C030-039 l'I'RR - Weld County RI.)42 Subject to the following conditions: a. The authorization is for the maximum amount of$5,000.0C tin each project and only for engineering services after the date of this notice. Services performed prior to the date of this notice are not reimbursable by the State: h. The maximum amount shall not be exceeded without first obtaining further authorization. in writing, from the State. The authorization amount in the above paragraph a. shall be included in the Railroad's written cost estimate for the project. c. This authorization is for preliminary engineering only and is not for the actual performance of the project installation work. tinder section 7-101.06 of the State's Procurement Code, I CC'R 101.9 (4/87), the preliminary engineering that is an essential "pre-contract cost"can be authorized prior to the execution to the contract for the project, but only if the contract is subject to the stated conditions below. Preliminary engineering shall mean the work necessary to produce construction plans, specifications,and estimates to the degree of completeness required for undertaking construction thereunder, including locating, surveying, designing,and related work. Art itemized estimate that is developed as a result of preliminary engineering services shall take into account the value of all existing material that can he salvaged and/or scrapped. If there is no salvageable and/or scrapped material that has value. the estimate shall so state. The State shall have a reasonable opportunity to inspect the salvaged and/or scrapped material. Eligible costs include only those actual incurred costs. as provided in 23 CFR 140. Subpart I. If you have any questions, please contact Bill Snowden at 303-757-9268. Sincerely, • 3 • Gabriela C. Vidal. P.E. Branch Manager cc: Dwight Burgess, R3 Rocky Baker, R3 Business Office Rudy Sipnefski. R4 Bryan Shafer, R4 Business Office File EXHIBIT E To Contract Materials Purchase Authorization Letter (Sample) EXHIBIT E STATE OF COLORADO DEPARTMENT OF TRANSPORTATION ' I OT Safety and Traffic Engineering Branch 4201 East Arkansas Avenue. 3rd Floor Denver,Colorado 80222 ,,,,,x„"" "'", „, (303)757-9268 Voice (303)757-9219 Fax E-mail:dahir.egal@dot.state.co.us Kelly A. Abaray Manager, Industry and Public Projects Union Pacific Railroad 1400 West 52nd Avenue Denver, CO 80221 RE: Material Purchase Authorization Letter Dear Ms. Abaray: This letter authorizes the Union Pacific Railroad to order the materials required for the following Section 130 highway-railroad crossing safety improvement projects: SRP C020-029, 16404, CR 110 (Pace Road) Pueblo County Subject to the following conditions: The maximum authorization amount for this project is $214,767.00 The maximum amount shall not be exceeded without first obtaining further authorization, in writing, from the State. Under section 7-101.06 of the State's Procurement Code, 1 CCR 101.9 (4/87), the ordering of materials that are essential "pre-contract costs" can be authorized prior to the execution of the contract for the project, subject to the above provisions. The State considers the ordering of the above materials to be an essential pre-contract cost under section 7-101.06, since the cost is incurred directly pursuant to and in anticipation of the award of the proposed contract, and because of the time required between the ordering and the delivery of such materials. If the materials are ordered now they will be available by the time the contract is executed. This authorization is pursuant to 23 CFR 646, Subpart B. Further, eligible costs include only those actual incurred costs, as provided in 23 CFR 140, Subpart I. This authorization is for the ordering of materials only and is not for the actual performance of the project installation work. If you have any questions, please contact Bill Snowden at 303-757-9268. Sincerely, Gabriela C. Vidal, P.E. Branch Manager cc: Joe Trevizo, R-2 Utility Engineer Debbie Carrillo, R-2 Business Office File 2 EXHIBIT F To Contract Contract Funding Letter SAMPLE FUNDING LETTER Exhibit Date: State Fiscal Year: TO: (contractor's name here) SUBJECT: Funding Letter No. In accordance with Paragraph of contract routing number , between the State of Colorado Department of or Higher Ed Institution (agency name) (division) and (contractor's name) covering the period of (contract start date) through (contract end date), the undersigned commits the following funds to the contract: The amount of funds available and specified in Paragraph is (increased/decreased) by ( amount of change) to a new total funds available of ($ ) to satisfy orders under the contract. Paragraph is hereby modified accordingly. This funding letter does not constitute an order for services under this contract. This funding letter is effective upon approval by the State Controller or such assistant as he may designate. APPROVALS: State of Colorado: Bill Owens, Governor By: Date: For the Executive Director/College President Colorado Department of or Higher Ed institution By: Date: For (Division) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. State Controller Arthur L. Barnhart By: Date: [)ate Issued. February 10,2003 A EXHIBIT G To Contract Civil Rights Exhibit 4 A 4, a ' CIVIL RIGHTS EXHIBIT In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination. The Contractor, with regard to the work performed by it after ward and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractors' obligations under this contract and the Regulations relative to nondiscrimination of the ground of race, color, sex, mental or physical handicap or national origin. D. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; (2) Cancellation, termination or suspension of the contract, in whole or in part. F. Incorporation of Provisions. The Contractor will include the provisions of Paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontactor of supplier as a result of such direction, the Contractor may request the State to enter such litigation to protect the interests of the State and, in addition, the Contractor may request FHWA to enter into such litigation to protect the interest of the United States. Hello