HomeMy WebLinkAbout20102275.tiff RESOLUTION
RE: APPROVE PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT FOR WELD
COUNTY STRATEGIC CORRIDOR PROJECT ON COUNTY ROAD 13, BETWEEN
COUNTY ROAD 54 AND U.S. HIGHWAY 34,AND AUTHORIZE CHAIR TO SIGN-UNION
PACIFIC RAILROAD COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Public Highway At-Grade Crossing
Agreement for the Weld County Strategic Corridor Project on County Road 13, between County
Road 54 and U.S. Highway 34, 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 terms and conditions being
as stated in said agreement, and
WHEREAS,after review, the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Public Highway At-Grade Crossing Agreement for the Weld County
Strategic Corridor Project on County Road 13, between County Road 54 and U.S. Highway 34,
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.
10 0)(9 -1D 2010-2275
EG0062
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT FOR WELD COUNTY STRATEGIC
CORRIDOR PROJECT ON COUNTY ROAD 13, BETWEEN COUNTY ROAD 54 AND
U.S. HIGHWAY 34,AND AUTHORIZE CHAIR TO SIGN—UNION PACIFIC RAILROAD COMPANY
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of September, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT •LORADO
ATTEST: s.�i •i� .. �_
amour -s Rademacher, C -ir
Weld County Clerk to th o
/ � � ::=rbara Kirkmeyer, P o-Tem
BY: &lo- P
Deputy Clerk to the B .rd
Sean . Conw
P VEDA O FORM:
a . Garcia
County Attorney - ��
David E. Long
Date of signature: 94-9
2010-2275
EG0062
MEMORANDUM
WI`'PC.
COLORADO
TO: Clerk to the Board DATE: September 20, 2010
FROM: Wayne Howard, Public Works
SUBJECT: Agenda Item
Agreement with Union Pacific Railroad Company for crossing improvement on the WCR 13
between WCR 54 and State Highway 34 Project.
This issue was reviewed by the Board as a Work Session Request and approved January 28, 2010.
Subsequent to this approval, some legal language has been changed at the request of the Weld
County's attorney's office.
Attached are two original Agreements. Please send both signed, original Agreements with the
Resolution to Public Works.
M:\Francie\Agenda Item.doc
l
2010-2275
MEMORANDUM
W� C TO: Clerk to the Board DATE: October 15, 2010
COLORADO FROM: Francie Collins, Public Works
SUBJECT: Items Returned for Recording: Doc 2010-2275
Union Pacific Railroad Company, WCR 13 RR crossing
Original Item returned for recording:
Attached is one executed, original Contract with the Union Pacific Railroad Company for the
proposed improvements to the existing CR -13 at gradepublic road crossing.
cc: Mike Bedell
M:\Francie\emForRecording doc
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR 13/WCR 54 to SH 34—UPRR Crossing Improvement Agreement
DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: January 28, 2010
PERSON REQUESTING: Wayne Howard, CIP County Engineer
Brief description of the problem/issue:
The Weld County Strategic Corridor (WCR 13/WCR 54 to SH 34) improvements project requires
reconstruction of a railroad crossing owned by Union Pacific Railroad Company (UPRR). The existing railroad
crossing is substandard, too narrow and in poor condition. The railroad crossing improvements are a necessary
part of the overall roadway improvements design. The crossing improvements would result in safer and more
comfortable driving conditions. The Colorado Public Utilities Commission (PUC)has approved our application
to proceed with the improvements of the railroad crossing.
The UPRR crews will perform the work at an estimated total cost not to exceed $64,400.00, which has been
approved in the 2010 budget. If actual costs are less than the estimated amount, UPRR shall invoice the County
for only the actual costs. The track crossing improvement is scheduled for the Spring of 2010, prior to Weld
County crews proceeding with construction of the roadway improvements.
What options exist for the Board?
The Board may choose approve or not approve this proposed Crossing Improvement Agreement.
Recommendation to the Board:
The Department recommends the Board approve this Crossing Improvement Agreement with the Union Pacific
Railroad Company.
Approve Schedule
Recommendation Work Session Comments
Douglas Rademacher, Chair
/Barbara Kirkmeyer
Sean P. Conway ,Ay
William F. Garcia
David E. Long V
Attachments
pc: UPRR Crossing Improvement Agreement at WCR 13/WCR 54 & SH 34 Project
M:\—Active Projects\Strategic Corridor\WCR 13,WCR 54 to SH 34\Design\Contracts\UPRR\Work Session Request.docx
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August 12,2010
UPRR Folder No. 2590-59
MR MIKE BEDELL
PUBLIC WORKS DEPT
WELD COUNTY
PO BOX 758
GREELEY CO 80632
Dear Mr. Bedell:
RE: Proposed improvements to the existing CR-13 at-grade public road crossing near Kelim(Milliken),Colorado.
Attached are revised duplicate originals of a Public Highway At-Grade Crossing Agreement covering your use
of the Railroad Company's property. To properly document your use of the Railroad Company's property, it is
necessary that you execute the attached documents. Please return to me the following:
1. ALL of the executed documents. If a Contractor's Right-of-Entry Agreement is attached hereto, you may
submit the executed Contractor's Right-of-Entry documentation upon selection of a contractor. --WA-
2. Certificate of Insurance, if required. h`a'lf"
3. Resolution for document execution, if required. --- rr-reasc.i E.CbocG, MoNP
4. Check made payable to the Union Pacific Railroad Company in the amount of$1,000.00. If you require
formal billing,you may consider this letter as a formal bill. In compliance with the Internal Revenue Services'
new policy regarding their Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal
Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation.
If we have not received the executed documents within six months from the date of this letter,this proposed
offer of an agreement is withdrawn and becomes null and void. If you have any questions, please contact me.
S cerel y rs,
PA i� G FA's'ELL
Senio' anager 1 ontracts
Phon • (402) 5 4-8620
e-mail:p, s ell@up.com
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street,MS 1690
Omaha,Nebraska 68179-1690
fax.402.501.0340
UNION
PACIFIC
I'll''
September 13,2010
Mr. Mike Bedell
Public Works Department
Weld County
P.O. Box 758
Greeley, CO 80632
Public
CO Milliken
CR 13
MP 15.45 Fort Collins Subdivision
DOT# 804-496H
Dear Mr. Bedell:
Enclosed please find revised duplicate originals of the agreement for the proposed crossing
surface improvements at the referenced location. Upon the date that Weld County has executed
this agreement,please return to Union Pacific Railroad for execution.
If further information is required please feel free to give me a call at(303)405-5039.
Sincerely,
I l O._./c
Kelly Abaray
Manager of Industry&Public Projects
CC: Operating File-Omaha,NE
UNION PACIFIC RAILROAD Engineering Department 1400 W.52nd Avenue Denver,CO 80221
UPRR Folder No.: 2590-59
PUBLIC HIGHWAY AT-GRADE
CROSSING AGREEMENT
BETWEEN
UNION PACIFIC RAILROAD COMPANY
AND THE
COUNTY OF WELD
COVERING THE
PROPOSED IMPROVEMENTS TO THE EXISTING
CR-13 AT-GRADEPUBLIC ROAD CROSSING
AT
RAILROAD MILE POST 15.54 - FORT COLLINS SUBDIVISION
DOT NO.: 804-496H
NEAR
KELIM (MILLIKEN),
IN WELD COUNTY,
COLORADO
_, ' 75
County Original
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BUILDING AMERICA 111111
1
56
UPRR Folder No.: 2590-59
UPRR Audit No.: d5 p/19
PUBLIC HIGHWAY AT-GRADE CROSSING
AGREEMENT
CR-13 —DOT No.: 804-496H
UPRR Mile Post 15.54—Fort Collins Subdivision
near Kelim (Milliken), in Weld County, Colorado
THIS AGREEMENT ("Agreement") is made and entered into as of the i.'r day of
(tj ,20 (G ("Effective Date"),by and between UNION PACIFIC RAILROAD
COMPANY,a Delaware corporation,to be addressed at the Real Estate Department, 1400 Douglas
Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad" or "UPRR") and COUNTY OF
WELD, a municipal corporation or political subdivision of the State of Colorado to be addressed at
P.O. Box 758, Grelley, Colorado 80632 ("County").
RECITALS:
The County presently occupies an existing at grade public road crossing over County Road 13
(CR-13), DOT No. 804-496H, at Railroad's Mile Post 15.54 on the Railroad's Fort Collins
Subdivision near Kelim (Milliken), in Weld County, Colorado.
The County now desires to undertake as its project(the"Project")the reconstruction of the
road crossing as shown on the Railroad Location Print marked Exhibit A and as specified on the
Detailed Prints collectively marked Exhibit A-1,each attached hereto and herby made a part hereof.
The road crossing, as reconstructed is hereinafter the"Roadway" and the portion of the Railroad's
property where the Roadway crosses the Railroad's property is the "Crossing Area."
mmi
o The right of way right presently utilized by the County is sufficient to allow for the
- zreconstruction of the Roadway and such right of way is hereinafter referred to as the "Crossing
o au Area."
a
- aThe Railroad and the County are entering into this Agreement to cover the above.
- o c
� o AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
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-Fr Section 1. EXHIBIT B
- o The General Terms and Conditions marked Exhibit B,are attached hereto and hereby made a
o part hereof.
ENO
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m Section 2. RAILROAD GRANTS RIGHT
0, For and in consideration of an administrative fee in the amount of ONE THOUSAND
tg N o DOLLARS($1,000.00)to be paid by the County to the Railroad upon the execution and delivery of
Public Road At-Grade Crossing Agreement Articles of Agreement August 12,2010
Non-Standard Form Approved,AVP-Law— Page 1 of 6
08/12/2010
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BUILDING AMERICA
this Agreement and in further consideration of the County's agreement to perform and comply with
the terms of this Agreement, the Railroad hereby grants to the County the right to reconstruct,
maintain and repair the Roadway over and across the Crossing Area,except as otherwise limited by
the provisions of this Agreement
Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term "Contractor" shall mean the contractor or
contractors hired by the County to perform any Project work on any portion of the Railroad's
property and shall also include the Contractor's subcontractors and the Contractor's and
subcontractor's respective employees, officers and agents, and others acting under its or their
authority.
Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT- INSURANCE
A. Prior to Contractor performing any work within the Crossing Area and any subsequent
maintenance and repair work, the County shall require the Contractor to:
• execute the Railroad's then current Contractor's Right of Entry Agreement
• obtain the then current insurance required in the Contractor's Right of Entry
Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the
Railroad.
B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D,attached
hereto and hereby made a part hereof. The County confirms that it will inform its Contractor
that it is required to execute such form of agreement and obtain the required insurance before
commencing any work on any Railroad property.Under no circumstances will the Contractor
be allowed on the Railroad's property without first executing the Railroad's Contractor's
Right of Entry Agreement and obtaining the insurance set forth therein and also providing to
the Railroad the insurance policies, binders, certificates and/or endorsements described
_ o therein.
cc C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be
s sent to:
v Senior Manager - Contracts
irm
$ ° Union Pacific Railroad Company
im
g o Real Estate Department
-3 1400 Douglas Street, Mail Stop 1690
mina y Omaha, NE 68179-1690
cv
v' UPRR Folder No. 2590-59
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o D. If the County's own employees will be performing any of the Project work,the County may
self-insure all or a portion of the insurance coverage subject to the Railroad's prior review
No and approval.
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Section 5. FEDERAL AID POLICY GUIDE
CO o If the County will be receiving any federal funding for the Project, the current rules,
M regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I
Public Road At-Grade Crossing Agreement Articles of Agreement August 12,2010
Non-Standard Form Approved,AVP-Law— Page 2 of 6
08/12/2010
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BUILDING AMERICA gill!
and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.
Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The County agrees that no Project costs and expenses are to be borne by the Railroad. In
addition, the Railroad is not required to contribute any funding for the Project.
Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT
TO COUNTY; COUNTY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad,at the County's sole cost and expense,is described
in the Railroad's Track & Surface Material Estimate dated July 20, 2010, in the amount of
$64,400:00, marked Exhibit C, attached hereto and hereby made a part hereof (the
"Estimate").
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 one hundred percent(100%) 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
C a materials,equipment rental,manpower and deliveries to the job site and all of the Railroad's
- d normal and customary additives (which shall include direct and indirect overhead costs)
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Section 8. PLANS
g
A. The County,at its expense,shall prepare,or cause to be prepared by others,the detailed plans
d and specifications for the Project and the Structure and submit such plans and specifications
d 0 to the Railroad's Assistant Vice President Engineering-Design, or his authorized
milm representative, for prior review and approval. The plans and specifications shall include all
mim ac
y Roadway layout specifications,cross sections and elevations,associated drainage,and other
appurtenances.
cB. The final one hundred percent(100%) completed plans that are approved in writing by the
- Railroad's Assistant Vice President Engineering-Design,or his authorized representative,are
O4O
—
-N a hereinafter referred to as the"Plans". The Plans are hereby made a part of this Agreement by
reference.
m C. No changes in the Plans shall be made unless the Railroad has consented to such changes in
-N o writing.
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Public Road At-Grade Crossing Agreement Articles of Agreement August 12,2010
Non-Standard Form Approved,AVP-Law— Page 3 of 6
08/12/2010
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D. The Railroad's review and approval of the Plans will in no way relieve the County or the
Contractor from their responsibilities,obligations and/or liabilities under this Agreement,and
will be given with the understanding that the Railroad makes no representations or warranty
as to the validity, accuracy, legal compliance or completeness of the Plans and that any
reliance by the County or Contractor on the Plans is at the risk of the County and Contractor.
Section 9. NON-RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation,
replacing, removing and abandoning in place all non-railroad owned facilities (the "Non
Railroad Facilities") affected by the Project including, without limitation, utilities, fiber
optics,pipelines,wirelines,communication lines and fences is required under Section 8. The
Non Railroad Facilities plans and specifications shall comply with Railroad's standard
specifications and requirements, including, without limitation, American Railway
Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines.
Railroad has no obligation to supply additional land for any Non Railroad Facilities and does
not waive its right to assert preemption defenses, challenge the right-to-take, or pursue
compensation in any condemnation action, regardless if the submitted Non Railroad
Facilities plans and specifications comply with Railroad's standard specifications and
requirements. Railroad has no obligation to permit any Non Railroad Facilities to be
abandoned in place or relocated on Railroad's property.
B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications,
Railroad will attempt to incorporate them into new agreements or supplements of existing
agreements with Non Railroad Facilities owners or operators. Railroad may use its standard
terms and conditions, including, without limitation, its standard license fee and
administrative charges when requiring supplements or new agreements for Non Railroad
Facilities. Non Railroad Facilities work shall not commence before a supplement or new
agreement has been fully executed by Railroad and the Non Railroad Facilities owner or
operator, or before Railroad and County mutually agree in writing to (i)deem the approved
Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B,(ii)deem
rim 2
- cc the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with
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terms and conditions covering the Non Railroad Facilities.
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0 Section 10. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement is effective as of the Effective Date first herein written and shall continue in
full force and effect for as long as the Roadway remains on the Railroad's property.
rn B. The Railroad,if it so elects,may terminate this Agreement effective upon delivery of written
r o notice to the County in the event the County does not commence construction on the portion
of the Project located on the Railroad's property within twelve (12) months from the
Effective Date.
_
No C. If the Agreement is terminated as provided above, or if for any other reason the County
cc terminates the Agreement prior to any work being done on the Project described in Exhibits
L.°, A,A-1 and C,or the Agreement is terminated by the mutual written stipulation of the County
N o and Railroad,the County shall pay to the Railroad all actual costs incurred by the Railroad in
—M v connection with the Project up to the date of termination, including, without limitation, all
Public Road At-Grade Crossing Agreement Articles of Agreement August 12,2010
Non-Standard Form Approved,AVP-Law— Page 4 of 6
08/12/2010
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actual costs incurred by the Railroad in connection with reviewing any preliminary or final
Project Plans.
Section 11. CONDITIONS TO BE MET BEFORE COUNTY CAN COMMENCE WORK
Neither the County nor the Contractor may commence any work within the Crossing Area
or on any other Railroad property until:
(i) The Railroad and County have executed this Agreement.
(ii) The Railroad has provided to the County the Railroad's written approval of the Plans.
(iii) Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and
has obtained and/or provided to the Railroad the insurance policies, certificates,
binders, and/or endorsements required under the Contractor's Right of Entry
Agreement.
(iv) Each Contractor has given the advance notice(s) required under the Contractor's
Right of Entry Agreement to the Railroad Representative named in the Contactor's
Right of Entry Agreement.
Section 12. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal and/or
demolition of the Road Crossing shall not commence until Railroad and County agree on the plans
for such future projects, cost allocations, right of entry terms and conditions and temporary
construction rights,terms and conditions.
Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. County shall not assign this Agreement without the prior written consent of Railroad, If
another governmental entity assumes jurisdiction over the Roadway, County agrees to
provide written notification as soon as practicable to the Railroad representative set forth
in Section 4.C of this Agreement.
d
P_ B. Subject to the provisions of Paragraph A above,this Agreement shall inure to the benefit of
cc and be binding upon the successors and assigns of Railroad and County.
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d Section 14. TERMINATION OF ORIGINAL AGREEMENT
d
Upon the completion of the Roadway,the Original Agreement(if any)covering the existing
- g Road Crossing,shall terminate and the terms and conditions of this Agreement shall govern the use,
3 2 maintenance and repair of the Roadway.
N
Section 15. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND
r
=-"rim REINVESTMENT ACT OF 2009
�o
o 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
o
o o reporting documents for the Project. The County confirms and acknowledges that Section 1512 of
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the ARRA provisions applies only to a"recipient" receiving ARRA funding directly from the federal
10
government and,therefore,(i)the ARRA reporting requirements are the responsibility of the County
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Public Road At-Grade Crossing Agreement Articles of Agreement August 12,2010
Non-Standard Form Approved,AVP-Law— Page 5 of 6
08/12/2010
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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 Section 7 of this
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in
duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
ral Taxi #94-6001323)
By
P UL . F LL
eni r M n ger ontracts
WITNESS: y COUNTY OF WELD
Clerk to the oard
BY: 'J
1 -rte B — ()1(1-5 0?&Q-i IQ
Deput a to the Board
= ,II T �,7` Title Douglas Rademacher, Chair
, ! w . �' Weld County Board of Commissioners
:q� L�
aed ISM ,4 0 Pursuant to Resolution/Order No.9010-2 275
—o x ''ai4 ' dated: September 27 , 2010
,;®p p�q��� hereto attached.
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WELD COUNTY.
Folder No.2590-59 Date:November 20,2009
WARNING
IN ALL OCCASIONS,U .COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
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3726564 10/20/2010 11:42A Weld County, CO
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EXHIKBIT B
At-Grade cross
ing
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General Terms and Conditions:
1,5
1111111 11111 IIIIII 111111 III 11111 IIIIIII III 111111 III 1111
3726564 10/20/2010 11:42A Weld County, CO
12 of 35 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Public Road At-Grade Crossing Agreement ExB u"1OM
Non-Standard Form Approved,AVP-Law—08/12/2010 BUILDING AMERICA' alit
lilt
EXHIBIT B
TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
GENERAL TERMS AND CONDITIONS
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The County shall not use
or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the
foregoing, the County shall not use or permit use of the Crossing Area for non- UPRR railroad purposes, or for gas, oil or
gasoline pipe lines.Any lines constructed on the Railroad's property by or under authority of the County for the purpose of
conveying electric power or communications incidental to the County's use of the property for highway purposes shall be
constructed in accordance with specifications and requirements of the Railroad,and in such manner as not adversely to affect
communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall
be admitted by the County to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing
herein shall obligate the Railroad to give such consent.
B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or
purposes. In the event the Railroad shall place additional tracks upon the Crossing Area,the County shall,at its sole cost and
expense, modify the Roadway to conform with all tracks within the Crossing Area.
C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or
unrecorded,and also to any renewals thereof. The County shall not damage,destroy or interfere with the property or rights of
nonparties in, upon or relating to the Railroad's property.
D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent
with the right hereby granted,including, but not by way of limitation,the right to construct,reconstruct,maintain,operate,repair,
alter, renew and replace tracks,facilities and appurtenances on the property;and the right to cross the Crossing Area with all
kinds of equipment.
E. So far as it lawfully may do sothe County will assume, bear and pay all taxes and assessments of whatsoever nature or kind
(whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and
against the property as a component part of the Railroad's operating property.
F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the
Roadway and its appurtenances,or for the performance of any work in connection with the Project,the County will acquire all
such other property and rights at its own expense and without expense to the Railroad.
SECTION 2. CONSTRUCTION OF ROADWAY
A. The County, at its expense,will apply for and obtain all public authority required by law, ordinance, rule or regulation for the
Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.
B. Except as may be otherwise specifically provided herein,the County, at its expense,will furnish all necessary labor, material
and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall
include,without limitation,all necessary and proper highway warning devices(except those installed by the Railroad within its
right of way)and all necessary drainage facilities,guard rails or barriers,and right of way fences between the Roadway and the
railroad tracks. Upon completion of the Project,the County shall remove from the Railroad's property all temporary structures
and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.
C. All construction work of the County upon the Railroad's property(including,but not limited to,construction of the Roadway and
all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the
Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans,
and other guidelines furnished by the Railroad.
D. All construction work of the County shall be performed diligently and completed within a reasonable time. No part of the
Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such
reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work
will be in constant or frequent use during progress of the work and that movement or stoppage of trains,engines or cars may
cause delays in the work of the County. The County hereby assumes the risk of any such delays and agrees that no claims for
damages on account of any delay shall be made against the Railroad by the County and/or the Contractor.
SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the County, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything
for which the County is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the
Railroad or of any other person lawfully occupying or using the property of the Railroad,such property shall be replaced or repaired
IIIIII Hill LII1 III fill 1111I III 111111 III age 1 of 4 Exhibit B
General Terms and Conditions
3726564 10/20/2010 11:42A Weld County, CO
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Public Road At-Grade Crossing Agreement ExB uxiow
Non-Standard Form Approved,AVP-Law—08112/2010 BUILDING AMERICA °'"r"`
AA (II'If
by fhe County at the County's own expense, or by the Railroad at the expense of the County, and to the satisfaction of the
Railroad's Assistant Vice President Engineering-Design.
SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK
The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify
the County of the contract price within ninety(90)days after it is awarded. Unless the Railroad's work is to be performed on a fixed
price basis, the County shall reimburse the Railroad for the amount of the contract.
SECTION 5. MAINTENANCE AND REPAIRS
A. The County shall, at its own sole expense, maintain, repair,and renew, or cause to be maintained, repaired and renewed, the
entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by and at the
expense of the Railroad.
B. All future maintenance and repairs will be in accordance with the rules set forth in 4 CCR 723-7-7211, et seq.
SECTION 6. CHANGES IN GRADE
If at any time the Railroad shall elect,or be required by competent authority to,raise or lower the grade of all or any portion of the
track(s)located within the Crossing Area,the County shall,at its own expense,conform the Roadway to conform with the change of
grade of the trackage.
SECTION 7. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost
importance;and in order that the same may be adequately safeguarded,protected and assured,and in order that accidents may be
prevented and avoided, it is agreed with respect to all of said work of the County that the work will be performed in a safe manner
and in conformity with the following standards:
A. Definitions. All references in this Agreement to the County shall also include the Contractor and their respective officers,
agents and employees,and others acting under its or their authority;and all references in this Agreement to work of the County
shall, for purposes of the project identified in Exhibits A, A-1 and C, include work both within and outside of the Railroad's
property .
B. Compliance With Laws. The County shall comply with all applicable federal,state and local laws,regulations and enactments
affecting the work. The County shall use only such methods as are consistent with safety, both as concerns the County,the
County's agents and employees,the officers, agents, employees and property of the Railroad and the public in general.The
County(without limiting the generality of the foregoing)shall comply with all applicable state and federal occupational safety
and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on
the Railroad's premises. If any failure by the County to comply with any such laws, regulations,and enactments,shall result in
any fine,penalty,cost or charge being assessed,imposed or charged against the Railroad,the County shall reimburse,and to
the extent it may lawfully be required to do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including
without limitation attorney's fees,court costs and expenses. The County further agrees in the event of any such action, upon
notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
C. No Interference or Delays. The County shall not do,suffer or permit anything which will or may obstruct,endanger,interfere
with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines,
installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or
facilities.
D. Supervision. The County,at its own expense,shall adequately police and supervise all work to be performed by the County,
and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible,
or to property of the Railroad.The responsibility of the County for safe conduct and adequate policing and supervision of the
Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications,or by the Railroad's
collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by
compliance by the County with any requests or recommendations made by such representatives. If a representative of the
Railroad is assigned to the Project,the County will give due consideration to suggestions and recommendations made by such
representative for the safety and protection of the Railroad's property and operations.
E. Suspension of Work. If at any time the County's engineers or the Vice President-Engineering Services of the Railroad or their
respective representatives shall be of the opinion that any work of the County is being or is about to be done or prosecuted
without due regard and precaution for safety and security, the County shall immediately suspend the work until suitable,
adequate and proper protective measures are adopted and provided.
F. Removal of Debris. The County shall not cause,suffer or permit material or debris to be deposited or cast upon,or to slide or
Hill VIII IIIIII IIIIII III VIII IIIIIII III VIII' III IIII 'age 2 of 4 Exhibit B
General Terms and Conditions
3726564 10/20/2010 11:42A Weld County, CO
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Public Road At-Grade Crossing Agreement ExB Minis
Non-Standard Form Approved,AVP-Law—08/12/2010 BUILDING AMERICA' Ifj�+j
' fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the
Railroad's property by the County at the County's own expense or by the Railroad at the expense of the County. The County
shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the
Crossing Area.
G. Explosives. The County shall not discharge any explosives on or in the vicinity of the Railroads property without the prior
consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the
Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's
property or facilities. For the purposes hereof,the"vicinity of the Railroad's property"shall be deemed to be any place on the
Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to
the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the
Railroad's property. The Railroad reserves the right to impose such conditions,restrictions or limitations on the transportation,
handling,storage,security and use of explosives as the Railroad, in the Railroad's sole discretion,may deem to be necessary,
desirable or appropriate.
H. Excavation. The County shall not excavate from existing slopes nor construct new slopes which are excessive and may
create hazards of slides or falling rock,or impair or endanger the clearance between existing or new slopes and the tracks of
the Railroad. The County shall not do or cause to be done any work which will or may disturb the stability of any area or
adversely affect the Railroad's tracks or facilities.The County,at its own expense,shall install and maintain adequate shoring
and cribbing for all excavation and/or trenching performed by the County in connection with construction,maintenance or other
work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's
Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses
resulting from vibrations caused by the Railroad's operations in the vicinity.
I. Drainage. The County, at the County's own expense, shall provide and maintain suitable facilities for draining the Roadway
and its appurtenances,and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad.
The County,at the County's own expense,shall provide adequate passageway for the waters of any streams, bodies of water
and drainage facilities(either natural or artificial,and including water from the Railroad's culvert and drainage facilities),so that
said waters may not, because of any facilities or work of the County, be impeded,obstructed,diverted or caused to back up,
overflow or damage the property of the Railroad or any part thereof, or property of others.The County shall not obstruct or
interfere with existing ditches or drainage facilities.
J. Notice. Before commencing any work,the County shall provide the advance notice to the Railroad that is required under the
Contractor's Right of Entry Agreement.
K. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable
systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of
revenue and profits. County shall telephone the Railroad during normal business hours(7:00 a.m.to 9:00 p.m.Central Time,
Monday through Friday,except holidays)at 1-800-336-9193(also a 24-hour,7-day number for emergency calls)to determine if
fiber optic cable is buried anywhere on the Railroad's premises to be used by the County. If it is, County will telephone the
telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other
protection of the fiber optic cable prior to beginning any work on the Railroad's premises.
SECTION 8. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the County, or by agreement between the parties, that new or
improved train activated warning devices should be installed at the Crossing Area, the County shall install adequate temporary
warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or
improved devices have been installed.
SECTION 9. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad
company lawfully using the Railroad's property or facilities.
SECTION 10. BOOKS AND RECORDS
The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be
provided by Railroad under this Project,or are associated with the work to be performed by Railroad under this Project,shall be open
to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized
representatives of County for a period of three (3)years following the date of Railroad's last billing sent to County.
SECTION 11. REMEDIES FOR BREACH OR NONUSE
A. If the County shall fail, refuse or neglect to perform and abide by the terms of this Agreement,the Railroad, in addition to any
other rights and remedies,may perform any work which in the judgment of the Railroad is necessary to place the Roadway and
appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or
IIIIII VIII IIIIII Ell III VIII IIIIIII III HIE III IIII ige 3 of 4 Exhibit B
General Terms and Conditions
3726564 10/20/2010 11:42A Weld County, CO
15 of 35 R n_nn n non Sfava Mnrann Math R. Rannrda.
Public Road At-Grade Crossing Agreement ExB uxio.
Non-Standard Form Approved,AVP-Law—08/12/2010 BUILDING AMERICA' 0 ii'i
I'llI
jeopardize the Railroad's employees; and the County will reimburse the Railroad for the expenses thereof.
B. Nonuse by the County of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18)
months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the County hereunder.
C. The County will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement.
Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which
may have arisen prior to termination.
SECTION 12. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the
County and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any
waiver by the Railroad of any default by the County shall not affect or impair any right arising from any subsequent default. This
Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the County and the
Railroad and cancel and supersede any prior negotiations, understandings or agreements,whether written or oral,with respect to
the work or any part thereof.
11111111111 111111 111111 III 11111 1111111 111 111111 III IIII
3726564 10/20/2010 11:42A Weld County, CO
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Public Road At-Grade Crossing Agreement ExB Page 4 of 4 Exhibit B
Standard Form Approved,AVP-Law—05/01/2008 General Terms and Conditions
,XHI IT C
To Public Highway At-Grade .� rossing
Agreement"
Cover Sheet frt.he :`
Track & Surface Material Estimate
111111 11111 111111111111 III IIIILie'11111 III 111111 III IIII
3726564 10/20/2010 11:42A ld County, Co
17 of 35 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
♦
DATE: 2010-07-20
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2011-01-18
DESCRIPTION OF WORK:
2009 RECOLLECTABLE PROJECT
MP. 15.54 FORT COLLINS SUBDIVISION
MILLIKEN, CO. CR 13 DOT# 804496H
INSTALL 40 TF OF CONCRETE CROSSING SURFACE WITH 80 TF OF RAIL
UNLOAD BALLAST / SURFACE TRACK
PID: 66706 AWO: 02400 MP,SUBDIV: 15.54, FTCOLLINS
SERVICE UNIT: 14 CITY: MILLIKEN STATE: CO
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
ENGINEERING WORK
ENGINEERING 3084 3084 3084
LABOR ADDITIVE 205% 6323 6323 6323
TOTAL ENGINEERING 9407 9407 9407
TRACK & SURFACE WORK
BALAST 1.00 CL 717 721 1438 1438
BILL PREP 900 900 900
DRAINAGE IMPROVEMENTS 5000 5000 5000
ENVIRONMENTAL PERMITS 1 1 1
EQUIPMENT RENTAL W/OPER 3000 3000 3000
FIELD WELD 53 53 53
FOREIGN LINE FREIGHT 290 290 290
HOME LINE FREIGHT 900 900 900
LABOR ADDITIVE 205% 14592 14592 14592
MATL STORE EXPENSE 124 124 124
OTM 382 329 711 711
RAIL 80.00 LF 518 1749 2267 2267
RDXING 40.00 TF 2305 8237 10542 10542
SALES TAX 578 578 578
SAW CUT STREET APPROACH 1500 1500 1500
TRAFFIC CONTROL 2000 2000 2000
TRK-SURF,LIN 2638 2638 2638
WELD CO. P. W. D. 1742 382 2124 2124
XTIE 35.00 EA 3250 3085 6335 6335
TOTAL TRACK & SURFACE 26197 28796 54993 54993
LABOR/MATERIAL EXPENSE 35604 28796
RECOLLECTIBLE/UPRR EXPENSE 64400 0
ESTIMATED PROJECT COST 64400
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.
! I 'LPl4 'L'0"
IJ'LL"L'JJiL'i '"J'j'j'
IIIIIII 1 Exhibit
18 of 35 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Railroad's Track&Surface Material Estima
s EXHIBIT`'
To Public. Highway At ,Grade Crossing
..Agreement
-:Cover Sheet for the
Contractor's Right of Entry Agreement
1111111 11111 111111 11111 III 11111 1111111 III 111111 III ill
3726564 10/20/2010 11:42A Weld County, CO
19 of 35 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
MOM
PACIFIC
t tIIIIJ
August 12, 2010
UPRR Folder No.: 2590-59
To the Contractor:
Before Union Pacific Railroad Company can permit you to perform work on its property for the
proposed improvements to the existing CR-13 at-grade public road crossing, it will be necessary for you to
complete and execute two originals of the enclosed Contractor's Right of Entry Agreement. Please:
1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's
Right of Entry Agreement. If a corporation,give the state of incorporation. If a partnership,give the
names of all partners.
2. Fill in the date construction will begin and be completed in Article 5, Paragraph A.
3. Fill in the name of the contractor in the space provided in the signature block at the end of the
Contractor's Right of Entry Agreement. If the contractor is a corporation,the person signing on its
behalf must be an elected corporate officer.
4. Execute and return all copies of the Contractor's Right of Entry Agreement together with your
Certificate of Insurance as required in Exhibit B, in the attached, self-addressed envelope.
5. Include a check made payable to the Union Pacific Railroad Company in the amount of$500.00. If
you require formal billing, you may consider this letter as a formal bill. In compliance with the
Internal Revenue Services' new policy regarding their Form 1099, I certify that 94-6001323 is the
Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad
Company is doing business as a corporation.
Under Exhibit B of the enclosed Contractor's Right of Entry Agreement,you are required to procure
Railroad Protective Liability Insurance (RPLI) for the duration of this project. As a service to you, Union
Pacific is making this coverage available to you.If you decide that acquiring this coverage from the Railroad
is of benefit to you, please contact Mr. Mike McGrade of Marsh USA @ 800-729-7001, e-mail:
William j.smith@,marsh.corn.
This agreement will not be accepted by the Railroad Company until you have returned all of the
following to the undersigned at Union Pacific Railroad Company:
1. Executed, unaltered duplicate original counterparts of the Contractor's Right of Entry Agreement;
2. Your check in the amount of$500.00 to pay the required balance due of the required Contractor's
Right of Entry fee. (The Folder Number and the name "Paul G. Farrell" should be written on the
check to insure proper credit). If you require formal billing,you may consider this letter as a formal
bill;
epartment
IIIIII Illll Illlll Ell III VIII HINDI
IIIIIII II IIII Real Estate COMPANY
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street,MS 1690
3726564 10/20/2010 11:42A Weld County, CO Omaha,Nebraska 68179-1690
20 of 35 R 0.00 0 0.00 Steve Moreno Clerk& Recorder fax:402.501.0340
UNION
PUIRC
111111
3. Copies of all of your up-to-date General Liability, Auto Liability & Workman's Compensation
Insurance Certificates (yours and all contractors), naming Union Pacific Railroad Company as
additional insured;
4. Copy of your up-to-date Railroad Protective Liability Insurance Certificate (yours and all
contractors), naming Union Pacific Railroad Company as additional insured.
RETURN ALL OF THESE REQUIRED ITEMS TOGETHER IN ONE ENVELOPE.
DO NOT MAIL ANY ITEM SEPARATELY.
If you have any questions concerning this agreement,please contact me as noted below.Have a safe
day!
Paul G. Farrell
Senior Manager Contracts
Phone: (402) 544-8620
e-mail:pgfarrell@up.com
epartment
MID VIII IIIIII Hill VIII IIIIIII HEN II IIII Real Estate COMPANY
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street,MS 1690
3726564 10/20/2010 11:42A Weld County, CO Omaha,Nebraska 68179-1690
21 of 35 R 0.00 D 0.00 Steve Moreno Clerk& Recorder fax:402.501.0340
Contractor's ROE(Generic)08-15-07 v°iew
Form Approved-AVP Law BUILDING AMERICA° I1'I 1
tes
UPRR Folder No.: 2590-59
UPRR Audit No.:
CONTRACTOR'S RIGHT OF ENTRY
AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
200 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation
("Railroad"); and
(NAME OF CONTRACTOR)
a corporation("Contractor").
(State of Corporation)
RECITALS:
Contractor has been hired by the Weld County ("County") to perform work relating to the
proposed improvements to the existing CR-13 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 the Railroad's Mile
Post 15.54 on the Railroad's Fort Collins Subdivision near Kelim (Milliken), in Weld County,
Colorado, as such location is in the general location shown on the Railroad Location Print marked
Exhibit A,and as specified on the Detailed Prints collectively marked Exhibit A-1, each attached
hereto and hereby made a part hereof, which work is the subject of a contract dated
between the Railroad and the County.
(Date of Contract)
a The Railroad is willing to permit the Contractor to perform the work described above at the
S location described above subject to the terms and conditions contained in this Agreement
V Y AGREEMENT:
= mo
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
o o d follows:
0 i
ARTICLE 1 - DEFINITION OF CONTRACTOR.
N y For purposes of this Agreement, all references in this agreement to Contractor shall include
rg Contractor's contractors, subcontractors,officers,agents and employees,and others acting under its
o or their authority.
Noo
N o ARTICLE 2 - RIGHT GRANTED; PURPOSE.
o
o_ac Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and
= M subject to each and all of the terms, provisions and conditions herein contained, to enter upon and
o have ingress to and egress from the property described in the Recitals for the purpose of performing
cm the work described in the Recitals above. The right herein granted to Contractor is limited to those
Contractor's ROE(Generic)08-15-07 Page 1 of 4 March 1, 2010
Form Approved-AVP Law
Contractor's ROE(Generic)08-15-07 �
Form Approved-AVP Law BUILDING AMERICA iI'I
4 1
portions of Railroad's property specifically described herein, or as designated by the Railroad
Representative named in Article 4.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C & D.
The General Terms and Conditions contained in Exhibit B, the Contractor's Insurance
Requirements in Exhibit C and the Minimum Safety Requirements in Exhibit D, each attached
hereto, are hereby made a part of this Agreement.
ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed by
Contractor, or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representative or his or her
duly authorized representative (the "Railroad Representative"):
Karl Shoemaker Mike Sheets
Manager Track Maintenance Manager Signal Maintenance
Union Pacific Railroad Company Union Pacific Railroad Company
201 West Union Avenue 221 Hodgeman
LaSalle, CO 80645 Laramie, WY 82072
Phone: 402-501-3849 Phone: 307-745-6568
Fax: 402-501-2231 Fax: 307-745-6530
Cell: 303-845-0083
C. Contractor,at its own expense,shall adequately police and supervise all work to be performed by
Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7
of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and
supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's
approval of plans and specifications involving the work, or by Railroad's collaboration in
performance of any work,or by the presence at the work site of a Railroad Representative,or by
arm
— o compliance by Contractor with any requests or recommendations made by Railroad
CD
a cad Representative.
o's
_0 d ARTICLE 5 - TERM; TERMINATION.
go A. The grant of right herein made to Contractor shall commence on the date of this Agreement,and
a0dV .42
WIWI d 2 continue until ,unless sooner terminated as herein provided,or
3 (Expiration Date)
vat such time as Contractor has completed its work on Railroad's property,whichever is earlier.
CD Contractor agrees to notify the Railroad Representative in writing when it has completed its work
on Railroad's property.
o
$o B. This Agreement may be terminated by either party on ten(10) days written notice to the other
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ARTICLE 6 - CERTIFICATE OF INSURANCE.
A. Before commencing any work, Contractor will provide Railroad with the(i) insurance binders,
policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the
insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit
B of this Agreement.
B. All insurance correspondence, binders, policies,certificates and endorsements shall be sent to:
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, MS 1690
Omaha, NE 68179-1690
UPRR Folder No.: 2590-59
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
d Railroad's trackage shall be installed or used by Contractor without the prior written permission of
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Explosives or other highly flammable substances shall not be stored on Railroad's property
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IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in
duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By:
PAUL G. FARRELL
Senior Manager Contracts
(Name of Contractor)
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S I RAILROAD LOCATION PRINT
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RAILROAD WORK TO BE PERFORMED: EXHIBIT "A"
I. Re-lay 80-feet of track;Install 40-feet of concrete road crossing UNION PACIFIC RAILROAD COMPANY
panels; Install 35 cross ties;Install 1 carload of ballast;and
other track&surface materials. FORT COLLINS SUBDIVISION
2. Engineering Review&Flagging. MILE POST 15.54
GPS:N 40°23,9141',W 104°56.6820'
near KELIM(MILLIKEN),WELD CO.,CO.
To accompany Contractor's Right of Entry Agreement with
(Name of Contractor)
for an existing at-grade public road crossing surface improvement project.
Folder No.2590-59 Date:November 20,2009
WARNING
IN ALL OCCASIONS,U P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
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II I I I I I I 1111 OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
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Contractor's ROE(Generic)-ExB Impel.
Form Approved-AVP Law 07-09-07 BUILDING AMERICA j
EXHIBIT B
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),orthing(s)shall be located,operated,placed,or
stored within twenty-five(25)feet of any of Railroad's track(s)at any time,for any reason,unless and until a Railroad flagman is
provided to watch for trains. Upon receipt of such 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 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
IIIIII IIIII lit' Illlll III VIII IIIIIII III IIIIII' II 111 age 1 of 3 Exhibit B
General Terms&Conditions
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Contractor's ROE(Generic)-ExB YN,os
Form Approved-AVP Law 07-09-07 BUILDING AMERICA'
�I'I)
`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 contrary 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 nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of 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.
1111111 11111 111111 tilt III 111111111111 III IIII 111111111 age 2 of 3 Exhibit B
3726564 10/20/2010 11:42A Weld County, CO General Terms&Conditions
30 of 35 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Contractor's ROE(Generic)-ExB .v"'Hc
Form Approved-AVP Law 07-09-07 BUILDING AMERICA'
SeL`tion 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(ii) 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.
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. Before Contractor commences any work, the
Contractor shall,except to the extent prohibited by law;(1)require each of its subcontractors to include the Contractor as"Additional
Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities
arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional
Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each of its
subcontractors to endorse their Commercial General Liability Policy with"Contractual Liability Railroads"ISO Form CG 24 17 10 01
(or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their
Business Automobile Policy with"Coverage For Certain Operations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
AID 11111 111111 111111 EAU 1111111 III I'll VIII Ilil
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Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Contractors ROE(Generic)-ExC woos
Form Approved-AVP Law 08-15-07 BUILDING AMERICA' °x"10
'I'I)
EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
CONTRACTOR'S INSURANCE REQUIREMENTS
Contractor shall,at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on
Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's property and
has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage:
A. Commercial General Liability Insurance. Commercial general liability(CGL)with a limit of not less than $5,000,000 each
occurrence and an aggregate limit of not less than$10,000,000. CGL insurance must be written on ISO occurrence form CG 00
01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement,which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage)showing
"Union Pacific Railroad Company Property" as the Designated Job Site, and
• Designated Construction Project(s)General Aggregate Limit ISO Form CG 25 03 03 97(or a substitute form providing
equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form
providing equivalent liability coverage)with a combined single limit of not less$5,000,000 for each accident and coverage must
include liability arising out of any auto (including owned, hired and non-owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 7010 01 (or a substitute form providing
equivalent coverage)showing"Union Pacific Property"as the Designated Job Site.
• Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law.
C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed.
• Employers'Liability(Part B)with limits of at least$500,000 each accident, $500,000 disease policy limit$500,000 each
employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided.
Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'Act,the Jones Act, and the Outer
Continental Shelf Land Act, if applicable.
The policy must contain the following endorsement,which must be stated on the certificate of insurance:
• Alternate Employer endorsement ISO form WC 00 03 01 A(or a substitute form providing equivalent coverage)showing
Railroad in the schedule as the alternate employer(or a substitute form providing equivalent coverage).
D. Railroad Protective Liability Insurance. Contractor must maintain Railroad Protective Liability 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.
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the
job site,Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator
for losses arising from the insured facility accepting the materials,with coverage in minimum amounts of$1,000,000 per loss,
and an annual aggregate of$2,000,000.
HID 11111 111111 111111 III 11111 1111111 III 111111111 1111
3726564 10/20/2010 11:42A Weld County, CO
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Contractor's ROE(Generic)-ExC Page 1 of 2 Exhibit C
Form Approved-AVP Law 08-15-07 Contractor's Insurance Requirements
Contractor's ROE(Generic)-ExC uHjo.
Form Approved-AVP Law 08-15-07 BUILDING AMERICA' "t'"c
Other Requirements
G. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional
Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent
coverage). The coverage provided to Railroad as additional insured shall,to the extent provided under ISO Additional Insured
Endorsement CG 20 26,and CA 20 48 provide coverage for Railroad's negligence whether sole or partial,active or passive,and
shall not be limited by Contractor's liability under the indemnity provisions of this Agreement.
H. Punitive damages exclusion, if any, must be deleted(and the deletion indicated on the certificate of insurance), unless the law
governing this Agreement prohibits all punitive damages that might arise under this Agreement.
I. Contractor waives all rights of recovery,and its insurers also waive all rights of subrogation of damages against Railroad and its
agents, officers, directors and employees. This waiver must be stated on the certificate of insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s)of insurance,executed by a duly authorized
representative of each insurer, showing compliance with the insurance requirements in this Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's
Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being
performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish
the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages
recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.
1111111 11111 111111 111111 III III 1111111 III 11111 IiII 1111
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Contractor's ROE(Generic)-ExC Page 2 of 2 Exhibit C
Form Approved-AVP Law 08-15-07 Contractor's Insurance Requirements
Contractor's ROE(Generic)-ExD u•iow
Form Approved-AVP Law 07-09-07 BUILDING AMERICA ma `
IIII
EXHIBIT D
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term"employees"as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent
of Contractor.
I. Clothing
A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their
vision, hearing, or free use of their hands or feet.
Specifically, Contractor's employees must wear:
(i) Waist-length shirts with sleeves.
(H) Trousers that cover the entire leg. If flare-legged trousers are worn,the trouser bottoms must be tied to prevent catching.
(Hi) 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.
(ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection,
Z87.1 —latest revision. Additional eye protection must be provided to meet specific job situations such as welding,grinding,
etc.
(iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job
site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:
• 100 feet of a locomotive or roadway/work equipment
• 15 feet of power operated tools
• 150 feet of jet blowers or pile drivers
• 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection—plugs and muffs)
(iv) Other types of personal protective equipment,such as respirators,fall protection equipment,and face shields,must be worn
as recommended or requested by the Railroad Representative.
III. On Track Safety
Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations—
49CFR214,Subpart C and Railroad's On-Track Safety rules. Under 49CFR214,Subpart C,railroad contractors are responsible for
the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection
regulations, all employees must:
(i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize
movements.
(ii) 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
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Minimum Safety Requirements
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Contractor's ROE(Generic)-EzD UXICM
Form Approved-AVP Law 07-09-07 BUILDING AMERICA iliT
`property. In addition,Contractor must ensure that the operators of all equipment are properly trained and competent in the safe
operation of the equipment. In addition, operators must be:
• Familiar and comply with Railroad's rules on lockout/tagout of equipment.
• Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track.
• Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other
railbound equipment.
B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device.
C. Unless otherwise authorized by the Railroad Representative,all equipment must be parked a minimum of twenty-five(25)feet
from any track. Before leaving any equipment unattended,the operator must stop the engine and properly secure the equipment
against movement.
D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum
clearances to overhead powerlines.
V. General Safety Requirements
A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations.
B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad
Representative, if applicable. During this briefing,the Railroad Representative will specify safe work procedures,(including On-
Track Safety)and the potential hazards of the job. If any employee has any questions or concerns about the work,the employee
must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work
procedures, or personnel change.
C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad
Administration's Track Safety Standards 49CFR213.
D. All employees comply with the following safety procedures when working around any railroad track:
(i) Always be on the alert for moving equipment. Employees must always expect movement on any track,at any time,in either
direction.
(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
(iii) In passing around the ends of standing cars,engines,roadway machines or work equipment,leave at least 20 feet between
yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length
(50 feet).
(iv) Avoid walking or standing on a track unless so authorized by the employee in charge.
(v) Before stepping over or crossing tracks, look in both directions first.
(vi) Do not sit on,lie under,or cross between cars except as required in the performance of your duties and only when track and
equipment have been protected against movement.
E. All employees must comply with all federal and state regulations concerning workplace safety.
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Contractor's ROE(Generic)-EzD Page 2 of 2 Exhibit D
Form Approved-AVP Law 07-09-07 Minimum Safety Requirements
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