HomeMy WebLinkAbout20101995.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 40 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 40 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 40
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.
14 one, *0 r(.1/1C1 (P Lc) 1t3 I Su 2010-1995
C Q E
S`-3i io q - ;9 -Cc G0062
CONTRACT TO FURNISH AND INSTALL FLASHING LIGHT SIGNALS, GATES, BELLS,
CONSTANT WARNING TIME,AND NEW CABIN FOR UNION PACIFIC RAILROAD CROSSINGS
ON COUNTY ROAD 40
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
ELD COUN COLORADO
ATTEST: 7-3
6 �I%•ougIa- ade acher Chair
Weld County Clerk to thet „ d
rbara Kirkmeyer Pro-Tem /
BY/AA M .2 -------
Deputy Clerk t e Board
Sean P. Conw
AP ED ORM: C// j
Willi? F. Garcia
ounty Attorney cL-.
David E. Long
Date of signature: (777ordi/O
2010-1995
EG0062
MEMORANDUM
3 itTO: Clerk to the Board DATE: August 25, 2010
FROM: Wayne Howard, County Engineer/CIP
Public Works
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 40 and WCR 22
at the UPRR tracks.
CDOT Project No. SRP C030-037, 17696
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:\Francie\Agenda W ayneHoward.doc
2010-1995
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR 40—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 12, 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 22. These
projects were selected and PUC application has been approved for all sites. This Contract is for the WCR 40
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
William F. Garcia
David E. Long
Attachments
pc: Four-original copies of the contract
m:\active projects\2010 rr\contracts\8-12-10 wcr 40 contract work session request.docx
MEMORANDUM
I 0 TO: Clerk to the Board Date: September 28, 2010
• �i
COLORADO FROM: Robert Patrick, Public Works
SUBJECT: Transmittal of Original Signed Contract
CDOT, Weld County and UPRR
WCR 40
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 40 at UPRR tracks.
This contract was signed and approved by the BOCC on August 30, 2010, record number 2010-
1995.
Attachments:Original Contract
r
CDOT Project No. SRP C030-038, 17696
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 39.70
CDOT Project No. SRP C030-038, 17696
NIC No. 804-345T
IN
WELD COUNTY
COLORADO
cYC-/D - /22-±5
{
SRP C030-037, 17695
County Road 40, Weld County
DOT No. 804-345T
UPRR M.P. 39.70, Greeley Subdivision
CONTRACT
FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING
DEVICES
UNDER FEDERAL SECTION 130 PROGRAM
THIS CONTRACT, made this z07µday of Sept bpr, 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
17696.20.10, Contract Encumbrance Amount $284,065.00; 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 21st 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 are 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 are 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 C030-038, 17696; 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
40, Weld County, Colorado, at the Railroad's track,National Inventory Crossing No. 804-345T,
Railroad milepost 39.70; and
WHEREAS, the Local Agency is responsible for complying with all terms and conditions
of this contact for project SRP C030-038, 17696; and
WHEREAS, the Railroad has agreed to be responsible for the installation and operation
of the crossing warning devices installed hereunder; and
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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
1. 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 C030-038,
17696, 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. SRP C030-038, 17696
3
J
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 §§646.101 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 40, Weld County,
Colorado and the Railroad's track, National Inventory Crossing No. 804-345T, Railroad milepost
39.70.
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 are 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.
5
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 40, 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 ties. 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 I. 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.
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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 I, Section C. The billing for such work
shall reference the Project No. SRP C030-038, 17696 EACH INVOICE SHALL
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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 IS 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
1. Approvals by the State. The 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 $284,065.00. 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 I(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 2nd 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`d 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 III(A)(2).
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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 are subject at all times to all federal laws, rules, regulations, orders and
approvals applying to federal projects.
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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 Immune.
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 §§24-18-201 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 $100,000 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 performance 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,,JRR..all
,GOVERNOR
By /I By
Gabriella C.Vidal,P.E. A ENGINEERING
Branch Manager Titles
Safety and Traffic Engineering Branch � ��- ..
Attest
1400 Douglas Street }Distant Secretary
Omaha,NE 68179 y
WELD COUNTY,COLORADO
Attest By '_1L— i
Title
APPROVED:
JOHN SUTHERS
Attorney General
By
Kathryn oung
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
David J. McDermott
By
CDOT Controller
Date 404.0
17
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WELD UNTY,
STATE OF COLORACO DO
By.4
(Deputy)Clerk. e Boar a ) ougla ademac er, Chair
AUG 3 0 2010
18
jet'/C' —/92
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:
I) 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. RIO-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 referred the matter, including the intervention to the undersigned
Administrative Law Judge (ALT) 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 ALJ 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. RI 0-0692-I, the AU 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.
IL 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.
IL 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. R10-0728 DOCKET NO. 10A-257R
I 8. 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 he 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. R10-0728 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-
721 1(a).
24. In accordance with § 40-6-109, C.R.S., the AU recommends that the Commission
enter the following order.
III. ORDER
A. The Commission 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. RIO-0728 DOCKET NO. 10A-257R
II. 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-2578
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 COi OF THE STATE OF COLORADO
P 9
( 4, 3 0
l G. HARRIS ADAMS
x
21
l -i`ice ' k: Administrative Law Judge
<! e 1 . ' �t5a p4
urtrintsC
ATTEST: A TRUE COPY
Doug Dean,
Director
Documentl:SRS
8
EXHIBIT B
To Contract
Project Location Map
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EXHIBIT C
To Contract
Railroad Company's Force Account Estimate
DAIS: 2010-04-13
ESTIVATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2010-10-12
DESCRIPTION OF WORK:
INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS
WITH OATES AT OILCREST, CO. CR 40 M.P. 39,70
ON THE GREELEY SUB. DOT 0804345T
WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW:
SIGNAL/TRACK - FEDERAL - 100%
ESTIMATED USING FEDERAL ADDITIVES - 105.611 '
I
no 67021 APO: OJ371 VIP,SUBDIV: 39.70, GREELEY
SERVICE UNIT: 14 CITY, OZWREST STATE: CO
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
ENGINEERING WORK
ENGINEERING 6057 6057 6057
LABOR ADDITIVE 105.611 11421 11421 11421
SIG-HWY %NG 4021 4821 4821
TOTAL ENGINEERING 22299 22299 22299 i
SIGNAL WORK
BILL PREP 900 900 900
CONTRACT 9403 9403 9403 ,
LABOR ADDITIVE 105.611 56481 56481 56481
MAIL STORE EXPENSE 9 9 9
PERSONAL EXPENSES 28656 28656 28656
ROCK/GRAVEL/PILL 2000 2000 2000
SIGNAL 52580 94031 146611 146611
TRANSP/I8/0B/RCLW CONTR 16785 16785 16785
TOTAL SIGNAL 109961 150884 260845 260845
TRACK & SURFACE WORK
ENVIROMENTAL 1 1 1
IATL STORE EXPENSE 43 43 43
OSM 877 877 877
TOTAL TRACK & SURFACE 921 921 921
LABOR/MATERIAL EXPENSE 132260 151805
RECOLLECTIBLE/UPRR EXPENSE 284065 0
ESTIMATED PROJECT COST 284065
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 DILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
FORM 30-1 PARE 01 MORE
WIRE ORDER AUTHORIZATION•DETAIL OF ESTIMATED EXPENDITURES
PROD NO: 67021
A.W.O. N0: 01391
W.O. -NO:
RAILROAD: UPRR CO. B.I. NO: 10EN10
LOCATION: GILCREST,CO,CR 40 STATE: CO
DEPARTMENT: ENGINEERING SERVICES SERVICE UNIT: 14 VAL SEC: 0503
INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS
WITH OATES AT GILCREST, CO. CR 40 M.P. 39.70
ON THE GREELEY SUB. DOT R804345T
WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW:
SIGNAL/TRACK - FEDERAL - 1001
� I
•
•
FORM 30-1 PAGE 02 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES •
PROJ NO: 67821
A.N.O. NO: 03371
RAILROAD: UPRR CO. N.O. NO:
B.I. NO: 10ENIO
II
LOCATION: GILCREST,CO,CR 40 STATE: CO
DEPARTMENT, ENGINEERING SERVICES
VAL.SEC: 0503
SCOPE OP WORM
PROJECT VAL M.P. M.P. JOINT
NUMBER SEC STATE FROM TO SEGMENT FACILITY •
67021 0503 CO 39.16 39:70 4645
•
•
•
•
FORM 30-1 PAGE 04 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
PROJ NO: 67821
A,W.O. NO, 03371
W.O. NO,
RAILROAD: UPRR CO. B.I. NO: 10EN10
LOCATION: GILCREST,CO,CR 40 STATE: CO
DEPARTMENT: ENGINEERING SERVICES VAL SEC: 0503
STOCK MATERIAL PLAN
ITEM ITEM UNIT DIRECT
NUMBER DESCRIPTION COST OTT UM MAIL $
02040420 OATTF.RY.ONB, 50A13, 118 AH. 190.98 6 EA 1143
02040540 BATTERY,ONB, 50A19, 475 AN. 256.46 13 EA 3334
09010800 CABLE SPLICING KIT. N-2 28.90 3 EA 87
09011030 CABLE TIE, NYLON 5/8" MAX. DIA. 0.03 100 EA 3
09011240 CABLE TIE, NYLON 1 1/8` MAX. DIA 0.02 300 EA 6
09011980 CABLE TIE, NYLON 3 1/2' MAX. DIA 0.18 20 EA 4
09014950 CIRCUIT DRXR,120/240V 20A 2 POLE 14.60 2 EA 29
09015690 CIRCUIT BREAKER, 120/240V 30A AC 5.96 1 EA 6
09054360 RELAY, GEN.PURPOSE 120V. TM 856 4.87 1 EA 5.
09057650 SOCR61',P-B 272122 TAB 836A 6 856 2.08 1 EA 2
09065700 TAPE, ELECTRICAL PLASTIC 3.05 4 RL 12
09066900 TERMINAL,SPADE,10-12 WIRE,#8 STUD 0.17 10 EA 2
09137100 TERM.LUG 3/16 CABLE-1/4 POST 2412 0.55 60 EA 33
09215100 33466 TERMINAL, RING TONGUE AMP 0.19 64 BA 12
09224750 216-107 TERMINAL,FERRULE,FOR #10 0.06 40 BA 2
09224800 216-104 TERMINAL, FERRULE, W 0.02 100 EA 2
09260350 TER.NINAL,#16-14 #8 SPADE 0.07 35 EA 2
09261420 321524-1 TERI4INAL,TEST 16.22 A 1.79 4 EA 7
09261570 321527-1 TERMINAL, TEST 1.72 15 EA 26
09401140 ADAPTER, 4 INCH CARLON PLASTIC 2.97 4 EA 12
09409020 BUSHING, 4" PLASTIC,INSULATING 0.82 4 BA 3
09424920 CONDUIT. 4", PVC, TYPE 40 1.95 90 LP 176
09467930 LOCKNUT, 4 INCH, GALVANIZED 5.19 4 EA 21
09844170 GROUND ROD, 5/8 INCH.X 8 FEET 7.80 16 EA 125
09046750 GRNU.ROD CONN. 4WAY ONESHOT. 5.16 16 EA 83
09908640 WIRE,#6 ARV.) COND.COPPBR,SOLID 0.31 400 LF 124
09912400 WIRE #6 AVG 2 CND 500'RL. TX WIRE 0.98 1000 LP 980
09912420 WIRE 86 AUG 2 CND 1000'RL TK WIRE 1.04 2000 LF 2080
09913200 WIRE,86, 5 COND 500'ROLL SHIELDED 3.22 500 LF 1610
09915610 WIRE #6 ANG 1 COND COPPER, STRAN 0.57 295 LF 168
09930550 WIRE 010 AVG 1 COND COPPER, STRAN 0.18 850 LF 153
09932310 WIRE #10 AVG 1 CONO COPPER, TWIST 0.46 370 LF 170
09946070 WIRE #l4 7 COND 1000'ROLL SHIELDS 1.35 3000 LF 4050
09946100 WIRE 814, 7 CND 500' ROLL SHIELDS 1.36 500 LF 680
09960090 WIRE #16 AFK4 1 COND COPPER, STRAN 0.10 900 LP 90
09976180 WIRE,#22,TW.PB, BELDEN #8761 0.13 20 LF 3
13547870 SHEET METAL SCREW, 810 X 1 INCH 3.55 2 OX 7 '
13552450 SHEET METAL SCREW,#12 X 3/4" 2.10 3 BX 6
13553150 SHEET METAL SCREW 812 X 1" 3,03 3 EX 9
17061400 PADLOCR,SIONAL,WITHOUT KEY,ANERIC 15,09 12 EA 181
FORM 30-1 PAGE 05 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
PROJ NO: 67821
A.W.O. NO: 03371
W.O. ND:
RAILROAD: UPRR CO. B.I. NO: 10ENIO
LOCATION: GILCREST,CO,CR 40 STATE: CO
DEPARTMENT: ENGINEERING SERVICES VAL SEC: 0503
28033210 CARTON, 39 1/8"L X 23 1/4"W X 17 5.68 2 EA 11
28033230 CARTON, 47 3/0"L X 39 I/2"W X 18" 11.10 2 EA 22
28041880 PALLET, 48 X 40 INCH 2/WAY 9.02 4 EA 36
35040020 PLASTER OF PARIS, SOAP 10308 2.79 8 BX 22
39340220 SIGN, HIGHWAY CROSSING 50.00 2 EA 100
52001370 SURGE PROTECTOR 0P20-2A TAB 585 72.25 3 BA 217
52003190 BOND WIRE, 7 INCH LONG, 5/16 DIA. 5.79 100 BA 579
52003630 POWER CABLE, CABIN TO GENERATOR - 148.20 2 EA 290
52005700 BOND WIRE,? STRANDS 100 LF. ROLL 0.76 600 LF 456
52016830 WIRE DUCT, 2X3 8.44 11 EA 93
52016940 WIRE DUCT. 3X3 10.11 8 EA 81
52011510 WIRE DUCT COVER 2"X6' 1.84 12 EA 22
52017620 WIRE DUCT COVER 3"%6' 2.72 7 EA 19
52019530 ENCIOSURE,SHUNT,POLE MOUNTED.24X2 173.48 4 EA 694
52019560 EQUALIZER, H.D. TAB 583 9.29 16 EA 149
52021550 FOUNDATION,4',STEEL,FDR FLSHR/QAT 299.67 2 SA 599
52025150 HOUSE, 4X4, W/CLIMATE CONTROL 5775.50 1 EA 5776
52025260 ROUSE, 6X6, 91/CLIMATE CONTROL 7523.11 1 EA 7529
52029350 CLIP BOARD - FOR SIGNAL PRINTS 8.02 2 EA 16
52027430 STEP BOX 16.30 1 EA 16
52028420 LIGHTNING ARRESIGR,CLR-CODA TAB 3 7.00 36 EA 252
52029780 LIGHTNING ARR,HD TAB 582 W/O BASE 10.04 8 EA 80
52030010 LIGHTNING ARRESTOR CONN.STRIP 3.93 6 RA 24
52039210 RECTIFIER,20EC,12V.TAB575 275.17 3 EA 826
52042650 POST, MOUNTING, FOR SHUNT HOUSING 19.43 8 EA 155
52068650 TERMINAL, #6 - 5 WIRE - RING TYPE. 0.16 65 EA 10
52070010 TERMINAL,S12-10 WIRE,RINO TONGUE 0.13 450 RA 59
52071600 TERI'INAL,R20-16 WIRE.RING TONGUE 0.07 100 EA 21
52072280 TERMINAL BLOCK, SIGNAL 2 POST BAK 3.75 53 EA 199
52072740 TERHINL BLOCK,SIGNAL 12 POST 6 UN 15.83 1 EA 16
52072960 TERMINAL BLOCK, SIGNAL 12 POST 12.69 12 EA 152
62074570 TEST LINK, 1" CENTER TO CENTER 1.53 24 EA 37
52074580 TEST LINK. 2.3/8" CENTER TO CENTE 1.89 1 EA 2
52079550 WIRE TAG, PLASTIC - WHITE 0,14 200 EA 28
52079560 MARKING PEN(FOR WHITE TAO: 1.95 2 EA 4
52108200 LED-FL/GATE ASSY.2WTD11W45FL 8056.18 2 EA 16112
52109370 GATE AM1. ADJ.16-32' 447.99 2 EA 896
52122/40 HIGH WIND BRACKET 5"0R 4" 63.99 2 BA 128
52136380 SHEAR 201/6,74(1S2W-1,NEG 5.50 2 EA 11
52136480 SHEAR PIH,74GE2W-2,NEG 4.75 2 EA 10
52137160 GUARD RAIL, 72" DIA. SEMI-CIRCLE 672.04 2 EA 1344
52207100 GRDXNO PRDTR GCP4000 2TK.MAX H/SE 15531.14 1 EA 15531
52207130 GRDXNO PRDTR GCP4000 2TK MAX 13576.91 1 EA 13577
52214020 DUMMY LOAD, 2600 FT. TAB 644 37.31 1 EA 37
52258590 NOS, TAD 641, 62775-1543 405.14 3 EA 1215
52258850 NBS, TAB 642, 62775-3497 333.01 1 EA 333
FORM 30-1 PAGE 06 MDRE
WORK ORDER AUTHORIZATION-DETAIL OP ESTIMATED EXPENDITURES
PROJ MOt 67021
A.N.O. NO: 03371
W.O. NO:
RAILROAD: UPRR CO. B.I. NO: 1053110
LOCATION; GILCREST,CO.CR 40
97.070: CO
DEPARTMENT: ENOINEERINO SERVICES VAL SEC: 0503
52263600 SURGE ARR¢5TDR,FiETER LOOP. 28.46 2 SA 57
52263690 SURGE PANEL - TAB 619 126.20 1 EA 126
52264040 SURGE PANEL - TAB 618 189.28 2 EA 379
52267200 TRANSCEIVER MYIDULE. FOR GCP 4000 2901.01 2 EA 5802
52276150 SS XING CONTROLLER NODULE FOR GCP 1637.36 2 EA 3275
53648010 INSULATING CAP 6 SHIELD ASSY. 2.10 8 EA 18
53903460 EPD 120/240TDFL SURGE PROTECTOR 271.71 2 EA 543
53954500 180429-000 BOOTLEG KIT 49.79 12 PA 597
55744210 SWITCH ROD, 112-1360 16'6" 81 HT 150.00 2 EA 300
55744430 SWITCH ROD, 112-1360 16'6" 82 HT 288.61 2 EA 577
TOTAL 9.0,90E
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1 1
EXHIBIT D
To Contract
Preliminary Engineering Authorization Letter
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Traffic Engineering Branch fiftrfi if '1'
4201 East Arkansas Avenue,3rd Floor
Denver,Colorado 80222 WARM
resign simmeo ►
(303)757-9654 Voice
(303)757-9219 Fax
November 23, 2009
Kelly Abaray
Manager, Industry and Public Projects
Union Pacific Railroad
1400 West 52nd Avenue
Denver, CO 80221-1529
Re: Preliminary Engineering Authorization
Dear Ms. Abaray:
This letter is the State's authorization to the UPRR, pursuant to 23 CFR.646, Subpart
B,to perform the preliminary engineering services required for the following CDOT
project(s):
SA 17263,SRP 0063-032, UPRR- River Road, Grand Jct.,Mesa County
SA 17624,SRI' 0063-033, UPRR- 17 Road in Fruita, Mesa County
SA 17625, SRP 0402-077,UPRR- US 40 West of Hayden,Routt County
SA 17695, SRP C030-037 UPRR - Weld County RD 22
SA 17696 SRP C030-038 UPRR - Weld County RD 40
SA 17697 SRP C030-039 UPRR- Weld County RD 42
Subject to the following conditions:
a. The authorization is for the maximum amount of$5,000.00 for each project and
only for engineering services after the date of this notice. Services perhrmed prior to
the date of this notice are not reimbursable by the State;
b. 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.
Under section 7-101.06 of the State's Procurement Code, 1 CCR 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.
An itemized estimate that is developed as a result of preliminary engineering services
shall take into account the value of all existing material that can be 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,
" 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 � POT
Safety and Traffic Engineering Branch
4201 East Arkansas Avenue. 3rd Floor ran
Denver,Colorado 80222 „,Th.ma,,,�„N
(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 CO20- 9 02 €16404, CR 110 (Pace Road) Pueblo County
Subject to the following conditions:
The maximum authorization amount for this project is $214,767.00
The maximum amount shall not be exceeded without first obtaining further authorization,
in writing, from the State.
Under section 7-101.06 of the State's Procurement Code, 1CCR 101.9 (4/87), the ordering
of materials that are essential "pre-contract costs" can be authorized prior to the execution
of the contract for the project, subject to the above provisions.
The State considers the ordering of the above materials to be an essential pre-contract
cost under section 7-101.06, since the cost is incurred directly pursuant to and in
anticipation of the award of the proposed contract, and because of the time required
between the ordering and the delivery of such materials. If the materials are ordered now
they will be available by the time the contract is executed.
This authorization is pursuant to 23 CFR 646, Subpart B. Further, eligible costs include
only those actual incurred costs, as provided in 23 CFR 140, Subpart I.
This authorization is for the ordering of materials only and is not for the actual performance
of the project installation work.
If you have any questions, please contact Bill Snowden at 303-757-9268.
Sincerely,
Gabriela C. Vidal, P.E.
Branch Manager
cc: Joe Trevizo, R-2 Utility Engineer
Debbie Carrillo, R-2 Business Office
File
2
EXHIBIT F
To Contract
Contract Funding Letter
S
SAMPLE FUNDING LETTER
Exhibit
Date: State Fiscal Year:
TO: (contractor's name here)
SUBJECT: Funding Letter No.
In accordance with Paragraph of contract routing number , between the StatE
of Colorado Department of or Higher Ed Institution (agency name) (division) and (contractor':
name) covering the period of (contract start date) through (contract end date), the
undersigned commits the following funds to the contract:
The amount of funds available and specified in Paragraph is (increased/decreased) by (.1
amount of change) to a new total funds available of ($ ) 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 ma'
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 n.
valid until the State Controller, or such assistant as he may delegate, has signed it. 'Ft
contractor is not authorized to begin performance until the contract is signed and dated below.
performance begins prior to the date below, the State of Colorado may not be obligated to p<
for goods and/or services provided.
State Controller
Arthur L. Barnhart
By:
Date:
Date Issued. February 10.200:
EXHIBIT G
To Contract
Civil Rights Exhibit
f
r
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