HomeMy WebLinkAbout20070627.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF THE EXISTING WCR 3 AT-GRADE
PUBLIC ROAD CROSSING 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 an Agreement for Relocation and
Reconstruction of the Existing Weld County Road 3 At-Grade Public Road Crossing 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 Agreement for Relocation and Reconstruction of the Existing Weld
County Road 3 At-Grade Public Road Crossing between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County,on behalf of the Department of
Public Works, and Union Pacific Railroad Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 12th day of March, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEL OUNfY, COLORADO
1 /l
ATTEST: �/I �
rn avid E. Long, Chair
Weld County Clerk to the Isar t J
• • XCUSED
fs' illiam.H. J ke, Pro-Tem
BY: Deputy Clerk to Boa ' v&-• �-
F. Garcia
APPROVE S TO F
• Robert D. Masden
unty ttorney
ouglss Rademacier
2007-0627
EG0056
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UNION � � _ 5
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PACIFIC I�r---- �
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U' F E B 2 0 2007 U
WED CO''UNTY?7BLIC WOP.{'S DEPT
February 6,2007
UPRR Folder No. 2412-39
MR ROBERT PATRICK
PUBLIC WORKS DEPT
WELD COUNTY
PO BOX 758
GREELEY CO 80632
Dear Mr. Patrick:
RE: Proposed relocation and reconstruction of the existing WCR 3 at-grade public road crossing near
Erie, Colorado.
Attached are duplicate originals of a New Public Road 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.
2. Certificate of Insurance, if required.
3. Resolution for document execution, if required.
4. Check made payable to the Union Pacific Railroad Company in the amount of$11,692.00. 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.
Red Estate
UNION PACIFIC RAILROAD
1400 Douglas Street,Stop 1690
Omaha,Nebraska 68179-1690 2007-0627
fx. (402)501-0340
UNION
PACIFIC
IIIIII
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.
i eri j'urs,
L . ' ' LL
ager C r ntracts
Phone: (4t' -8620
e-mail:pgfarrell@up.com
Red Fate
UNION PACIFIC RAILROAD
1400 Douglas Street,Stop 1690
Omaha,Nebraska 68179-1690
fx. (402) 501-0340
UPRR Folder No.: 2412-39
NEW PUBLIC ROAD AT-GRADE
CROSSING AGREEMENT
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RAILROAD •I I , 'OS 1 .37 O . , R I AL LEAD
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ERIE,
WELD COUNTY,
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BUILDING AMNON I I I i l i
UPRR Folder No.: 2412-39
UPRR Audit No.:
NEW PUBLIC ROAD AT-GRADE CROSSING
AGREEMENT
WCR 3 —DOT No.: 804643T
UPRR Mile Post 22.37—Boulder Industrial Lead
near Erie, Weld County, Colorado
THIS AGREEMENT is made and entered into as of the 591' day of V\arch ,2001 ,
by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be
addressed at Real Estate Department, 1400 Douglas Street,Mail Stop 1690,Omaha,Nebraska 68179
(the "Railroad") and WELD COUNTY, a political subdivision of the State of Colorado, to be
addressed at 1111 H Street, PO Box 758, Greeley, CO 80632 (the "County"),
RECITALS:
The County desires to undertake as its project(the "Project"):
• the closure and removal of the existing WCR 3 at-grade public road crossing,DOT No.
804643T, located at Railroad's Mile Post 22.36 on it's Boulder Industrial Lead, near
Erie, Weld County, Colorado, and
• the construction of the new WCR 3 at-grade public road crossing,DOT No. 804643T,at
Railroad's Mile Post 22.37 on it's Boulder Industrial Lead, near Erie, Weld County,
Colorado(the"Crossing Area")as the Crossing Area is shown on the Railroad Location
Print marked Exhibit A, attached hereto and hereby made a part hereof.
Under this Agreement, the Railroad will be granting a right of way right to the County to
facilitate the construction of the new road crossing. The portion of Railroad's property that County
needs a right to use in connection with the road crossing is shown on the Detailed Print marked
Exhibit A-1, attached hereto and hereby made a part hereof(the "Crossing Area").
The Railroad and the County are entering into this Agreement to cover the above.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
ARTICLE 1 - LIST OF EXHIBITS
The exhibits below are attached hereto and hereby made a part hereof
Exhibit A Railroad Location Print
Exhibit A-1 Detailed Print
Exhibit B Terms and Conditions
Exhibit B-1 Insurance Requirements
Public Road At-Grade Crossing Agreement Articles of Agreement January 5,2007
Form Approved,AVP-Law-05/01/2006 Page 1 of 5
BUILDING
Ate"'
lilt'YVIYWnY N�GIrM �
Exhibit C Railroad Form of Contractor's Right of Entry Agreement
ARTICLE 2 - EXHIBITS B AND B-1.
The general terms and conditions marked Exhibit B, and the Contractor's insurance
requirements marked Exhibit B-1, are attached hereto and hereby made a part hereof.
ARTICLE 3 - RAILROAD GRANTS RIGHT.
For and in consideration ELEVEN THOUSAND SIX HUNDRED NINETY-TWO
DOLLARS($11,692.00)to be paid by the County to the Railroad upon the execution and delivery
of this Agreement and in further consideration of the County's agreement to perform and abide by
the terms of this Agreement including all exhibits,the Railroad hereby grants to the County the right
to establish or reestablish,construct or reconstruct,maintain,repair and renew the road crossing over
and across the Crossing Area.
ARTICLE 4 - 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.
ARTICLE 5 - CONTRACTOR'S RIGHT OF ENTRY AGREEMENT -INSURANCE
A. If the County will be hiring a Contractor to perform any work involving the Project
(including initial construction and any subsequent relocation or 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 before allowing any Contractor to commence any work in the Crossing Area
or on any other Railroad property. The Railroad's current insurance requirements are
described in Exhibit B-1, attached hereto and hereby made a part hereof.
B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit C,attached
hereto and hereby made a part hereof. The County confirms that it will inform its Contractor
that it is required to execute such form of agreement and obtain the required insurance before
commencing any work on any Railroad property. Under no circumstances will the
Contractor be allowed on the Railroad's property without first executing the Railroad's
Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also
providing to the Railroad the insurance policies, binders, certificates and/or endorsements
described therein.
C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be
sent to:
Senior Manager-Contracts
Union Pacific Railroad Company
Public Road At-Grade Crossing Agreement Articles of Agreement January 5,2007
Form Approved,AVP-Law—05/01/2006 Page 2 of 5
BUILDBIG AMERICA.
II Icl
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UPRR Folder No.: 2412-39
D. If the County's own employees will be performing any of the Project work,the County may
self-insure all or a portion of the insurance coverage subject to the Railroad's prior review
and approval.
ARTICLE 6 - FEDERAL AID POLICY GUIDE
A. If the County will be receiving any federal funding for the Project:
• the current rules,regulations and provisions of the Federal Aid Policy Guide as contained
in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this
Agreement by reference,and
• construction work by the County and Contractor shall be performed, and any
reimbursement to the Railroad for work it performs,shall be made in accordance with the
Federal Aid Policy Guide.
B. If federal funding is involved, as provided in 23 CFR 646.210(b)(2), the Project is of no
ascertainable benefit to the Railroad and the Railroad shall not be obligated to pay or
contribute to any Project costs.
ARTICLE 7 - WORK TO BE PERFORMED BY THE RAILROAD •
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 materials,
equipment rental, manpower and deliveries to the job site and all of the Railroad's normal and
customary additives (which shall include direct and indirect overhead costs) associated therewith.
ARTICLE 8 - PLANS
A. The County,at its expense,shall prepare,or cause to be prepared by others,the detailed plans
and specifications and submit such plans and specifications to the Railroad's Assistant Vice
President Engineering—Design, or his authorized representative, for review and approval.
The plans and specifications shall include all Roadway layout specifications,cross sections
and elevations,associated drainage, and other appurtenances.
B. The final one hundred percent (100%) completed plans that are approved in writing by the
Railroad's Assistant Vice President Engineering—Design,or his authorized representative,are
hereinafter referred to as the"Plans". The Plans are hereby made a part of this Agreement by
reference.
C. No changes in the Plans shall be made unless the Railroad has consented to such changes in
writing.
D. Notwithstanding the Railroad's approval of the Plans,the Railroad shall not be responsible
for the permitting, design, details or construction of the Roadway.
Public Road At-Grade Crossing Agreement Articles of Agreement January 5,2007
Form Approved,AVP-Law—05/01/2006 Page 3 of 5
WILDING AMERK t
ARTICLE 9 - EFFECTIVE DATE; TERM; TERMINATION.
A. This Agreement shall become effective as of the date first herein written, or the date work
commences on the Project,whichever is earlier,and shall continue in full force and effect for
as long as the Structure remains on the Railroad's property.
B. The Railroad,if it so elects,may terminate this Agreement effective upon delivery of written
notice to the County in the event the County does not commence construction on the portion
of the Project located on the Railroad's property within twelve(12)months from the date of
this Agreement,or from the date that the Railroad has executed this Agreement and returned
it to the County for its execution, whichever is applicable.
C. If the Agreement is terminated as provided above, or for any other reason,the County shall
pay to the.Railroad all actual costs incurred by the Railroad in connection with the Project up
to the date of termination, including, without limitation, all actual costs incurred by the
Railroad in connection with reviewing any preliminary or final Project Plans.
ARTICLE 10 - CONDITIONS TO BE MET BEFORE COUNTY
CAN COMMENCE WORK.
Neither the County nor the Contractor may commence any work within the Crossing Area
or on any other Railroad property until:
• The Railroad and County have executed this Agreement.
• The Railroad has provided to the County the Railroad's written approval of the Plans.
• 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 set forth in the Contractor's Right of Entry Agreement.
ARTICLE 11 - SIGNAL MAINTENANCE.
The County agrees to reimburse the Railroad the cost of future maintenance of the automatic
grade-crossing protection within thirty(30) days of the County's receipt of billing.
ARTICLE 12 - SPECIAL PROVISION.
If in the future, the Railroad reactivates the rail line at the Crossing Area, the County
agrees to reimburse the Railroad for all costs associates with upgrading the crossing surface and
signal facilities at the Crossing Area.
Public Road At-Grade Crossing Agreement Articles of Agreement January 5,2007
Form Approved,AVP-law—05/01/2006 Page 4 of 5
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BUILDING AMERICA! 111111
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
(Federal Tax ID #94-6001323)
By
AUL G. ARRELL
S nior Mana er Contracts
WITNESS: /� La WELD COUNTY
Clerk to�/thq�o- 11�'
C..\ A� .J Mt Q' L _ e� .J� 1
By: �t (lit j C
Deput Cler to the B rd )avid E. Long
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a°1i , e Chair, Board of Coun Commissioners
,- 03/12/2007
(Seal)
Pursuant to Resolution/Order No. 2007-0627
dated: March 12 ,2007
hereto attached.
Public Road At-Grade Crossing Agreement Articles of Agreement January 5,2007
Form Approved,AVP-Law—05/01/2006 Page 5 of 5
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RAILROAD WORK TO BE PERFORMED: EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
1. Flagging.
BOULDER INDUSTRIAL LEAD
MILE POST 22.37
GPS:N 40°03.7071',W 105°02.2230'
near ERIE,WELD CO.,CO.
Illustrative print showing location of an existing at-grade public road
crossing relocation and reconstruction project with
WELD COUNTY.
Folder No.2412-39 Date: December 13,2006
WARNING
IN ALL OCCASIONS,U .COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OP ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE: 1-(800)336-9193
Exhibit A
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t'andard Form Approved,AVP-Law—05/01/2006 BUILDING AtaRICA' II I)�`I
EXHIBIT B
TO PUBLIC ROAD AT GRADE CROSSING AGREEMENT
TERMS AND CONDITIONS
SECTION 1. CONDITIONS AND COVENANTS
a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The County shall not use or
permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing,the
County shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines
constructed on the Railroad's property by or under authority of the County for the purpose of conveying electric power or
communications incidental to the County's use of the property for highway purposes shall be constructed in accordance with
specifications and requirements of the Railroad,and in such manner as not adversely to affect communication or signal lines of the
Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the County to use or occupy
any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such
consent.
b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or
purposes in such manner as not unreasonably to interfere with its use as a public highway. In the event the Railroad shall place
tracks upon the Crossing Area, the County shall, at its sole cost and expense, modify the highway to conform with the rail line.
c) The right hereby granted is subject to any existing encumbrances and rights(whether public or private),recorded or not,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 property, unless the County at its own expense settles with and obtains releases from such nonparties.
d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent
with the right hereby granted,including, but not by way of limitation,the right to construct,reconstruct,maintain;operate,repair,alter,
renew and replace tracks, facilities and appurtenances on the property; also the right to cross the Crossing Area with all kinds of
equipment. The Railroad further reserves the right to attach signal,communication or power lines to any highway facilities located
upon the property,provided that such attachments shall comply with County's specifications and will not interfere with the use of the
Crossing Area.
e) So far as it lawfully may do so,the County will assume,bear and pay all taxes and assessments of whatsoever nature or kind
(whether general, local or special)levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against
the property as a component part of the Railroad's operating property.
f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the
Roadway and its appurtenances, or for the performance of any work in connection with the Project,the County will acquire all such
other property and rights at its own expense and without expense to the Railroad.
SECTION 2. CONSTRUCTION OF ROADWAY
a) The County, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the
Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.
b) Except as may be otherwise specifically provided herein,the County,at its expense,will furnish all necessary labor,material and
equipment,and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include,without
limitation, all necessary and proper highway warning devices(except those installed by the Railroad within its right of way)and all
necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon
completion of the Project,the County shall remove from the Railroad's property all temporary structures and false work,and will leave
the Crossing Area in a condition satisfactory to the Railroad.
c) All construction work of the County upon the Railroad's property(including,but not limited to,construction of the Roadway and all
appurtenances and all related and incidental work)shall be performed and completed in a manner satisfactory to the Assistant Vice
President Engineering - Design of the Railroad or his authorized representative and in accordance 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,and in any event within
three(3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by the
Public Road At-Grade Crossing Agreement ExB Page 1 of 4 Exhibit B
Standard Form Approved,AVP-Law—05/01/2008
Terms and Conditions
To Public Road At-Grade Crossing Agreement
Public Road At-Grade Crossing Agreement ExB
r'andard Form Approved,AVP-Law—05/01/2006 SUILDINGAMERICX
Railroad's Assistant Vice President Engineering-Design. 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 damage on account of any delay shall be made against the Railroad.
SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the County, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for
which the County is responsible under the provisions of this Agreement,shall injure,damage or destroy any property of the Railroad
or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the
County at the County's own expense, or by the Railroad at the expense of the County, and to the satisfaction of the Railroad's
Assistant Vice President Engineering-Design.
SECTION 4. PAYMENT FOR WORK BY THE RAILROAD
a) Bills for work and materials shall be paid by the County within thirty(30)days of its receipt thereof. The Railroad will submit to
the County current bills for all work performed by the Railroad and all flagging and other protective services and devices during
progress of the Project(unless flagging is to be billed directly to the Contractor). The Railroad will submit final billing within one
hundred and twenty(120)days after completion of the Project, provided the County advises the Railroad of the commencement of
the 120-day period by giving the Railroad written notification of completion of the Project.
b) The Railroad may contract for the performance of any of its work by other than 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) If, in the future, the County elects to have the surfacing material between the track tie ends, or between tracks if there is more
than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking,the
Railroad, at the County's expense,shall install such replacement surfacing,and in the future,to the extent repair or replacement of
the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area,the County shall bear the
expense of such repairs or replacement.
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
tracks located on the crossing Area, the County shall, at its own expense, conform the public highway in the Crossing Area to
conform with the change of grade of the trackage.
SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or
on account of improvements for either railroad, highway or both,the parties will apportion the expense incidental thereto between
themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.
SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost
importance;and in order that the same may be adequately safeguarded,protected and assured,and in order that accidents may be
prevented and avoided,it is agreed with respect to all of said work of the County that the work will be performed in a safe manner and
in conformity with the following standards:
a) Definitions. All references in this Agreement to the County shall also include the Contractor and their respective officers,agents
and employees,and others acting under its or their authority;and all references in this Agreement to work of the County shall include
work both within and outside of the Railroad's property.
Public Road At-Grade Crossing Agreement ExB Page 2 of 4 Exhibit B
Standard Form Approved.AVP-Law—05/01/2006
Terms and Conditions
To Public Road At-Grade Crossing Agreement
Public Road At-Grade Crossing Agreement ExB
;'andard Form Approved,AVP-Law—05/01/2006 BUILDING AtiRICA• 11°"
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 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
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 Railroad's property without the prior
consent of the Railroad's Vice President-Engineering Services,which shall not be given if,in the sole discretion of the Railroad's Vice
President-Engineering Services,such discharge would be dangerous or would interfere with the Railroad's property or facilities. For
the purposes hereof,the"vicinity of the Railroad's property"shall be deemed to be any place on the Railroad's property or in such
close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other
persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the
right to impose such conditions, restrictions or limitations on the transportation,handling,storage,security and use of explosives as
the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.
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 Structure 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 at least ten (10)days prior notice(excluding weekends and
Pudic Road At-Grade Crossing Agreement ExB Page 3 of 4 Exhibit B
Standard Form Approved,AVP-Law—05/01/2006
Terms and Conditions
To Public Road At-Grade Crossing Agreement
Public Road At-Grade Crossing Agreement ExB
Standard Form Approved,AVP-Law-05/012006 BUILDING MERCK lAl
holidays)to the Railroad's Manager-Track Maintenance.
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 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the County,or by agreement between the parties,that new or improved
train activated warning devices should be installed at the Crossing Area,the County shall install adequate temporary warning devices
or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have
been installed.
SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company
lawfully using the Railroad's property or facilities.
SECTION 11. 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 highway and
appurtenances in such condition as will not menace,endanger or interfere with the Railroad's facilities or operations orjeopardize 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 anytime 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
SECTION 13. ASSIGNMENT: SUCCESSORS AND ASSIGNS
This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their successors and assigns.
Public Road At-Grade Crossing Agreement ExB Page 4 of 4 Exhibit B
Standard Form Approved,AVP-Law—05/01/2006
Terms and Conditions
To Public Road At-Grade Crossing Agreement
e r EJII2flN..,
•u..• . °s a • .To Publi PAC
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Bement
F no: -
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Approved:Insurance Group
Created:2/10/06;Last Modified:2/10/06
EXHI BIT= I����I
TO PUBLIC ROAD AT-GRADE CROSSING AGREEMENT
CONTRACT INSURAN ERE UIREMENTS
Contractor shall,at its sole cost and expense,procure and maintain during the life of this Agreement(except as otherwise provided in
this Agreement)the following insurance coverage:
A. commercial General Liabili I urance.Commercial general liability(CGL)with a limit of not less than$5,000,000 each
occurrence and an aggregate limit of not less than$10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01
12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement,which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage)
showing"Union Pacific Railroad Company Property as the Designated Job Site.
B. Business Automobile C ve a insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form
providing equivalent liability coverage)with a combined single limit of not less$5,000,000 for each accident.
The policy must contain the following endorsements,which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or 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 Com ensation and Em lo ers Liabili insurance. Coverage must include but Rotbe limited to:
• Contractors statutory liability under the workers'compensation laws of the state(s) affected by this Agreement.
• Employers'Liability(Part B)with limits of at least$500,000 each accident, $500,000 disease policy limit$500,000 each
employee.
If Contractor is self-insured, evidence of state approval and 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.
D. Railroad Protective insurance. Contractor must maintain Railroad Protective Liability
occurrence form CG 00 3512 04(or a substitute form providing equivalent coverage)on behalf of Railroad as named insured,with a
limit of not less than $2,000,000ce insurance written on ISO
submitted to Railroad before the per rk may be commenced and until eand an aggregate of 6oriig original policy is,000,000. A forwarded to Raier stating the lroad.
E. in place must be
E. Umbrella a or E insurance. If Contractor utilizes umbrella or excess policies, these policies must"follow form"and
afford no less coverage than the primary policy.
Other Requirements
F. 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.
G. Punitive damages exclusion, if any, must be deleted(and the deletion indicated on the certificate of insurance), unless:
• insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement,or
• all punitive damages are prohibited by all states in which this agreement will be performed.
App roved:Created: :Insur;L stt MoGroup
dified:2/10/06 Page 1 of 2
Exhibit B•1
Insurance Requirements
----- - - __. To Public Rnad ce_nr-••••
Approved:Insurance Group
Created:2110/06;Last Modified:2/10/06 BtUIJNNG AMERICA I°)
H. Contractor waives all rights against Railroad and its agents,officers,directors and employees for recovery of damages to the
extent these damages are covered by the workers compensation and employers liability or commercial umbrella or excess liability
insurance obtained by Contractor required by this agreement.
I. 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.
J. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's
Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be
performed.
K. 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.
Approved:Insurance Group Page 2 of 2 Exhibit B-1
Created:2/10/06;Last Modified:2/10/06 Insurance Requirements
To Public Road At-Grade Crossing Agreement
UMiflEti
To Publ PAC .! FC Ieement
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C ra 1 gh nt
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$UILD NG AMERICA- 'till'
UNION PACIFIC RAILROAD COMPANY
Real Estate Department
1400 Douglas Street,MS 1690
Omaha,NE 68179-1690
(402)544-8620
December 13, 2006
UPRR Folder No.: 2412-39
To the Contractor:
Before Union Pacific Railroad Company can permit you to perform work on its property for the
relocation and reconstruction of the existing WCR 3 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 I 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:
michael.mcgrade@marsh.com.
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;
Exhibit C
Form of Contractor's Right of Entry Agreement
"WI"AMERICA. 'Mil
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:pgjarrell@up.com
*
.y
71/4
Exhibit C
Form of Contractor's Right of Entry Agreement
!N
BIALDING AMERCA. IIIII
UPRR Folder No. 2412-39
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 Incorporation)
RECITALS:
Contractor has been hired by Weld County to perform work relating to the
• relocation and reconstruction of the existing WCR 3 at-grade public road crossing(the
"work"),
with all or a portion of such work to be performed on property of Railroad in the vicinity of
Railroad's Mile Post 22.37 on Railroad's Boulder Industrial Lead located at or near Erie, Weld
County,Colorado,which work is the subject of a contract dated between
(Date of C&M Agreement)
Railroad and Weld County as such location is also shown and detailed on the Location Print and
Specification Plans collectively marked Exhibit D, attached hereto and hereby made a part hereof.
Railroad is willing to permit Contractor to perform the work described above at the location
described above subject to the terms and conditions contained in this Agreement
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows:
ARTICLE 1 - DEFINITION OF CONTRACTOR.
For purposes of this Agreement,all references in this agreement to Contractor shall include
Contractor's contractors,subcontractors,officers,agents and employees,and others acting under its
or their authority.
Contractor's Right of Entry-05/012006 Page 1 of 4 Exhibit C
Form Approved-AVP Law Form of Contractor's Right of Entry Agreement
To Public Road At-Grade Crossing Agreement
BUILDING AMIGO thin
ARTICLE 2 - RIGHT GRANTED; PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon
and subject to each and all of the terms,provisions and conditions herein contained,to enter upon
and have ingress to and egress from the property described in the Recitals for the purpose of
performing any work described in the Recitals above. The right herein granted to Contractor is
limited to those portions of Railroad's property specifically described herein,or as designated by the
Railroad Representative named in Article 4.
ARTICLE 3- TERMS AND CONDITIONS CONTAINED IN EXHIBITS A, B& C.
The terms and conditions contained in Exhibit A,Exhibit B and Exhibit C,attached hereto,
are hereby made a part of this Agreement.
ARTICLE 4- ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed by
Contractor, or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representatives or his
or her duly authorized representatives (hereinafter collectively the "Railroad
Representative"):
George Halte Keith Seely
Manager Track Maintenance Manager Signal Maintenance
Union Pacific Railroad Company Union Pacific Railroad Company
201 West Union Avenue 901 West 48`h Avenue
LaSalle, CO 80645 Denver, Co 80221
Phone: 970-284-6993 Phone: 303-964-4781
Fax: 303-964-4244 Fax: 303-964-4890
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 A. The responsibility of Contractor for safe conduct and
adequate policing and supervision of Contractor's work shall not be lessened or otherwise
affected by Railroad's approval of plans and specifications involving the work, or by
Railroad's collaboration in performance of any work,or by the presence at the work site of a
Railroad Representative, or by compliance by Contractor with any requests or
recommendations made by Railroad Representative.
ARTICLE 5- TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this
Agreement, and continue until , unless sooner terminated
(Date of Expiration)
Contractor's Right of Entry-05/012006 Page 2 of 4 Exhibit C
Form Approved-AVP Law Form of Contractors Right of Entry Agreement
To Public Road At-Grade Crossing Agreement
BUILDING
AMERICA' `
as herein provided, or at such time as Contractor has completed its work on Railroads
property, whichever is earlier. Contractor agrees to notify the Railroad Representative in
writing when it has completed its work on Railroad's property.
B. This Agreement may be terminated by either party on ten(10)days written notice to the other
Party.
ARTICLE 6 - CERTIFICATE OF INSURANCE.
A. Before commencing any work,Contractor will provide Railroad with the insurance binders,
policies, certificates and/or endorsements set forth in Exhibit B of this Agreement.
B. All insurance correspondence, binders, policies, certificates and/or endorsements shall be
sent to:
Union Pacific Railroad Company
1400 Douglas Street, MS 1690
Omaha, NE 68179-1690
Attn.: Senior Manager Contracts
UPRR Folder No.: 2412-39
ARTICLE 7 - DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad,Contractor shall remove from Railroad's property any employee of
Contractor who fails to conform to the instructions of the Railroad Representative in connection with
the work on Railroad's property, and any right of Contractor shall be suspended until such removal
has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of
any such employee from Railroad's property.
ARTICLE 8 - ADMINISTRATIVE FEE.
Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad Five
Hundred Dollars ($500.00)as reimbursement for clerical,administrative and handling expenses in
connection with the processing of this Agreement.
ARTICLE 9 - CROSSINGS.
No additional vehicular crossings (including temporary haul roads)or pedestrian crossings
over Railroad's trackage shall be installed or used by Contractor without the prior written permission
of Railroad.
ARTICLE 10 - EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored on Railroad's property
without the prior written approval of Railroad.
Contractor's Right of Entry—05/012006 Page 3 of 4 Exhibit C
Form Approved-AVP LawForm of Contractor's Right of Entry Agreement
To Public Road At-Grade Crossing Agreement
°11111111
BUILDING AtiCRICR 1
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in
duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID#94-6001323)
By:
PAUL G.FARRELL
Senior Manager Contracts
(NAME OF CONTRACTOR)
By:
Title:
Contractor's Right of Entry-05/01/2006 Page 4 of 4 Exhibit C
Form Approved-AVP Law Form of Contractor's Right of Entry Agreement
To Public Road At-Grade Crossing Agreement
CROE ExA 5/01/2006 VI
Form Approved,AVP-Law BUILDING AMERICA. 1 I 111111
EXHIBIT A
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
TERMS AND CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10)working days in advance of Contractor
commencing its work and at least ten(10)working days in advance of proposed performance of any work by Contractor in which any
person or equipment will be within twenty-five(25)feet of any track,or will be near enough to any track that any equipment extension
(such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be
performed,and no person, equipment, machinery,tool(s), material(s),vehicle(s),or thing(s)shall be located,operated, placed,or
stored within twenty-five (25)feet of any of Railroad's track(s)at any time, for any reason, unless and until a Railroad flagman is
provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform
Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety
measures. If flagging or other special protective or safety measures are performed by Railroad,Railroad will bill Contractor for such
expenses incurred by Railroad,unless Railroad and a federal,state or local governmental entity have agreed that Railroad is to bill
such expenses to the federal,state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall
pay such bills within thirty(30)days of Contractor's receipt of billing. If Railroad performs any flagging,or other special protective or
safety measures are performed by Railroad,Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities
set forth in this Agreement.
B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the
class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at
the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday,health and welfare,
supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and
Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing
composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime,
Saturdays and Sundays,and two and one-half times current hourly rate for holidays. Wage rates are subject to change,at any time,
by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an
authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are
changed, Contractor(or the governmental entity, as applicable)shall pay on the basis of the new rates and charges.
C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished,
unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be
required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required
for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is
required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work,
even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an
employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a
minimum of five (5)days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given,
Contractor will still be required to pay flagging charges for the five(5)day notice period required by union agreement to be given to
the employee,even though flagging is not required for that period. An additional ten(10)days notice must then be given to Railroad
if flagging services are needed again after such five day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad
to use and maintain its entire property including the right and power of Railroad to construct,maintain,repair, renew, use, operate,
change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other
facilities upon,along or across any or all parts of its property,all or any of which may be freely done at any time or times by Railroad
without liability to Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and
lessees of Railroad's property,and others)and the right of Railroad to renew and extend the same,and is made without covenant of
title or for quiet enjoyment.
CROE ExA 5/01/2006 Page 1 of 4 Exhibit A
Form Approved,AVP-Law Terms&Conditions
To Contractor's Right of Entry Agreement
CROE ExA 5/01/2006
Form Approved,AVP-Law MALM O AMERICA'
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and
operation of the railroad tracks and property of Railroad,including without limitation,the operations of Railroad's lessees,licensees or
others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by
Contractor at any time that would in any manner impair the safety of such operations. When not in use,Contractor's machinery and
materials shall be kept at least fifty(50)feet from the centerline of Railroad's nearest track,and there shall be no vehicular crossings
of Railroads tracks except at existing open public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by
Contractor caused by such railroad operations and work are expected by Contractor,and Contractor agrees that Railroad shall have
no liability to Contractor,or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of
Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and
other activities by Railroad takes precedence over any work to be performed by Contractor.
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor.
Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced
against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and
against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of
such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record,
Railroad may,at its election, discharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of
extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits.
Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday,
except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls)to determine if fiber optic cable is buried
anywhere on Railroad's property to be used by Contractor. If it is,Contractor will telephone the telecommunications company(ies)
involved, make arrangements for 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 orrevenue 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.
CROE ExA 5/01/2006 Page 2 of 4 Exhibit A
Form Approved,AVP-Law Terms 8 Conditions
To Contractor's Right of Entry Agreement
CROE ExA 5/01/2006 """
Form Approved,AVP-Law 81ALDING MARKO I"1I)I f
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.
0. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractors safety plan for
conducting the work(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any
deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement
and the Safety Plan.
Section 8. INDEMNITY.
A. To the extent not prohibited by applicable statute,Contractor shall indemnify,defend and hold harmless Railroad,its
affiliates,and its and their officers,agents and employees("Indemnified Parties")from and against any and all loss,damage, injury,
liability,claim,demand,cost or expense(including,without limitation,attorney's,consultant's and expert's fees,and court costs),fine
or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any
employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by
Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (Hi) any breach of this agreement by
Contractor.
B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss,and
shall apply regardless of any negligence or strict liability of any Indemnified Party,except where the Loss is caused by the sole active
negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active
negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party.
C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by
Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts
to indemnify 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.
CROE ExA 5/01/2006 Page 3 of 4 Exhibit A
Form Approved,AVP-Law Terms&Conditions
To Contractor's Right of Entry Agreement
CROE ExA 5/01/2006
Form Approved,AVP-Law � ;�
WILDING AMIGA. I(I'I I
Section 12. ASSIGNMENT-SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement,or any interest therein,without the written consent of the Railroad.
Contractor shall be responsible for the acts and omissions of all subcontractors,and shall require all subcontractors to maintain the
insurance coverage required to be maintained by Contractor as provided in this Agreement,and to indemnify Contractor and Railroad
to the same extent as Railroad is indemnified by Contractor under this Agreement.
CROE ExA 5/01/2006 Page 4 of 4
Form Approved,AVP-Law g Exhibit A
Terms& Conditions
To Contractor's Right of Entry Agreement
Approved:Insurance Group t#MLDINGAI�RKJC
Created:2/10/06;Last Modified:2/10/06
EXHIBIT B
TO RIGHT OF ENTRY AGREEMENT
CONTRACT INSURANCE REQUIREMENTS
Contractor shall,at its sole cost and expense,procure and maintain during the life of this Agreement(except as otherwise provided in
this Agreement)the following insurance coverage:
A. Commercial General Liability insurance.Commercial general liability(CGL)with a limit of not less than$5,000,000 each
occurrence and an aggregate limit of not less than$10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01
12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement,which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage)showing"Union
Pacific Railroad Company Property"as the Designated Job Site.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form
providing equivalent liability coverage)with a combined single limit of not less$500,000 for each accident.
The policy must contain the following endorsements,which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or 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(s)affected by this Agreement.
• Employers' Liability(Part B)with limits of at least$500,000 each accident, $500,000 disease policy limit$500,000 each
employee.
If Contractor is self-insured, evidence of state approval and 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.
D. Railroad Protective Liability insurance. Contractor must maintain Railroad Protective Liability insurance written on ISO
occurrence form CG 00 3512 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.
Other Requirements
F. 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.
G. Punitive damages exclusion,if any,must be deleted(and the deletion indicated on the certificate of insurance), unless(a)
insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement,or(b)all punitive
damages are prohibited by all states in which this agreement will be performed.
H. Contractor waives all rights against Railroad and its agents,officers,directors and employees for recovery of damages to the
CROE ExB 02/10/2006 Page 1 of 2 Exhibit B
Form Approved,AVP-Law Contract Insurance Requirements
To Contractor's Right of Entry Agreement
Approved:Insurance Group
Created:2/10/06;Last Modified:2/10/06 BUILDING AFRICA h u I
extent these damages are covered by the workers compensation and employers liability or commercial umbrella or excess liability
insurance obtained by Contractor required by this agreement.
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.
J. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Bests
Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be
performed.
K. 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.
CROE ExB 02/10/2006 Page 2 of 2
Form Approved,AVP-Law Exhibit B
Contract Insurance Requirements
To Contractor's Right of Entry Agreement
CROE= ExC 05/01/2006
Form Approved,AVP-Law IMALDING AMERICA" I
EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term"employees"as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of
Contractor.
Clothing
A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with
their vision, hearing, or free use of their hands or feet.
Specifically, Contractors employees must wear:
• Waist-length shirts with sleeves.
• Trousers that cover the entire leg. If flare-legged trousers are worn,the trouser bottoms must be tied to prevent catching.
• 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.
• 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.
• 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.
• 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)
• 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:
• Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize
movements.
• Wear an orange, reflectorized workwear approved by the Railroad Representative.
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.
CROE ExC 05/01/2006 Page 1 of 2
Form Approved,AVP-Law g Exhibit C
Minimum Safety Requirements
To Contractor's Right of Entry Agreement
CROE EXC 05/01/2006 �^
Form Approved,AVP-Law BUILDING A CA• '"
IV. Equipment
A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the
Railroad Representative,any of Contractor's equipment is unsafe for use,Contractor shall remove such equipment from Railroad's
property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe
operation of the equipment. In addition, operators must be:
• Familiar and comply with Railroad's rules on lockout/tagout of equipment.
• Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track.
• Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other
railbound equipment.
B. All self-propelled equipment must be equipped with a first-aid kit,fire extinguisher, and audible back-up waming 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:
• Always be on the alert for moving equipment. Employees must always expect movement on any track,at any time,in either
direction.
• Do not step or walk on the top of the rail,frog, switches, guard rails, or other track components.
• 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).
• Avoid walking or standing on a track unless so authorized by the employee in charge.
• Before stepping over or crossing tracks, look in both directions first.
• 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 conceming workplace safety.
CROE EC 05/01/2006 Page 2 of 2 Exhibit C
Form Approved,AVP-Law Minimum Safety Requirements
To Contractor's Right of Entry Agreement
N
i LOCATION PRINT ACCOMPANYING A
w' -E CONTRACTOR'S RIGHT OF ENTRY
s AGREEMENT
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RAILROAD WORK TO BE PERFORMED: EXHIBIT "D"
1. Flagging. UNION PACIFIC RAILROAD COMPANY
BOULDER INDUSTRIAL LEAD
MILE POST 22.37
GPS:N 40°03.7071',W 105°02.2230'
near ERIE,WELD CO.,CO.
To accompany Contractor's Right of Entry Agreement with
(Name of Contractor)
for the relocation and reconstruction of an existing
at-grade public road crossing.
Folder No.2412-39 Date:December 13.2006
WARNING
IN ALL OCCASIONS,U .COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE: 1-(800)336-9193
Exhibit D
Railroad Location Print
_.. Tn rr..d•.,.,.., !., o:..r.. C r • A `..
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REVIEW OF CONTRACT WITH UNION PACIFIC
SPOKE WITH PAUL G. FARRELL-402-544-8620-HE REFERRED ME TO SUE
GRABLER IN DENVER AT 303-964-4099
CONTRACT PROVISION REVIEW:
COUNTY PAYS $11,692 FOR RIGHT-OF-WAY TO REMOVE OLD CROSSING
AND INSTALL NEW CROSSING AT WCR 2 MILE POST 22.37 NEAR ERIE CO.
IF COUNTY USES A CONTRACTOR TO DO THE WORK THE CONTRACTOR
MUST EXECUTE UP'S CONTRACTOR'S RIGHT OF ENTRY, OBTAIN INS AS
REQUIRED AND PROVIDE COPIES OF INSURANCE TO UP
COUNTY HAS TO INFORM CONTRACTOR OF THE FOREGOING
REQUIREMENTS
IF COUNTY RECEIVES FEDERAL FUNDS FOR THE WORK, THE RULES AND
REGS OF FEDERAL AID POLICY GUIDE ARE MADE A PART OF THE
AGREEMENT ANMD
CONSTRUCTION WORK PERFORMED BY THE COUNTY AND CONTRACTOR
SHALL BE PERFORMED AND ANY REIMBURSEMENT TO THE RR FOR WORK
IT PERFORMS SAHLL BE MADE IN ADDORDANCE WITH THE POLICY GUIDE
COUNTY AGREES TO REIMBURSE RR FOR WORK IT PERFORMS, INCLUDING
ENGINEERING AND RR'S NORMAL ADDITIVES, WHICH INCLUDE DIRECT
AND INDIRECT-OVERHEAD COSTS
COUNTY TO PROVIDE PLANS TO RR FOR ITS REVIEW AND APPRIOVAL
THE FINAL 100% PLAN IS MADE A PART OF THE AGREEMENT-BUT RR NOT
RESPONSIBLE FOR DESIGN
NO CHANGES UNLESS RR APPROVES
CONTRACT CAN BE TERMINATED IF WORK NOT COMMENCED WITHIN 12
MOS
AGREEMENT EFFECTIVE 1ST DAY ITS WRITTEN OR DATE WORK
COMMENCES, WHICHEVER 1ST
NO WORK TO C OMMENCE UNTIL RR AND COUNTY SIGN AGMT
RR APPROVES PLANS AND EACH CONTRACTOR HAS SIGNED RR'S RIGHT
OF ENTRY
COUNTY AGREES TO REIMBURSE RR FOR COST OF FUTURE MAINTENANCE
OF AUTOMATIC GRAD-CROSSING PROTECTION WITHIN 30 DAYS OF RR
BILLING
IF IN THE FUTURE, RR REACTIVATES THE RAIL LINE AT THE CROSSING
GRADE, COUNTY AGREES TO REIMBURSE RR FOR ALL COSTS OF
UPGRADING CROSSING SURFACE AND SIGNAL FACILITIES
EXHIBIT B TO THE AGREEMENT SETS FOR THE OBLIGATIONS OF THE
OCUNTY WITH REGARD TO THE CROSSING
COUNTY TO APPLY FOR AND OBTAIN PUC AUTHORIT TO PROCEED WITH
PROJECT
COUNTY TO OBTAIN AND FURNISH ALL WORK, AND ALL MATERIALS AND
EQUIPMENT, INCLUDING HIGHWAY WARNING DEVICES, DRAINAGE
DEVICES, BARRIERS AND RIGHT OF WAY FENCES BETWEEN RR AND
ROADWAY
ALL WORK TO BE COMPLETED WITHIN 3 YEARS TO RR'S SATISFACTION
COUNTY HAS LIABILITY FOR ANY DAMAGE OR INJURY TO RR OR TO ANY
ONE LAWFULLY USING RR
ACCOPRDING TO EXHIBIT A RR DOES FLAGGING AND THERE IS A CHARGE
FOR THAT
RR CAN CONTRACT FOR ANY OF ITS WORK WITH NON RR "FORCES"RR
WILL NOTIFY COUNTY OF SUCH CONTRACT PRICE WITHIN 90 DAY AFTER
IT HAS BEEN AWARDED. UNLESS RR'S WORK IS TO BE PERFORMED FOR
COUNTY AT A FIXED PRICE, THE COUNTY WILL PAY THE CONTRACT
PRICE.
COUNTY MAINTAINS THE CROSSING AT ITS OWN EXPENCE, EXCEPT FOR
THAT AREA BETWEEN THE TRACK TIE ENDS OR BETWEEN THE TRACKS IF
THERE IS MORE THAN ONE RR TRACK AT THE CROSSING. IF COUNTY USES
SOMETHING OTHER THAN TIMBER PLANKING, SUCH AS PAVING
MATERIAL, AND IF IN THE FUTURE THE RR DECIDES TO REPAIR OR
REPLACE ANYTHING, COUNTY, AT ITS EXPENSE, MUST REMOVE PAVING
IF RR EVER DECIDES TO RAISE OR LOWER GRADE, COUNTY WILL HAVE
EXPENSE OF CONFORMING HIGHWAY TO THAT NEW GRADE
IF WARNING DEVICES ARE REQUIRED TO BE REARRANGED, PARTIES WILL
SHARE COSTS
SEVERAL "SAFETY" REQUIREMENTS ARE SET OUT PUBLIC WORKS SHOULD
BE FAMILIAR WITH THEM
AMONG THE REQUIREMENTS IS A 10 DAY NOTICE THAT WORK IS GOINT TO
BEGIN, THAT 10 DAY NOTICE DOES NOT INCLUDE WEEKENDS.
ALSO THERE MAY BE BURIED FIBER OPTIC CABLES IN THE AREA AND THE
COUNTY IS RESPONSIBLE FOR ENSURING THAT THEY ARE NOT DAMAGED
COUNTY IS TO ARRANGE TO HAVE THOS CABLES LOCATED.
THERE IS A PROVISION THAT STATES THAT IF THE CROSSING IS NOT USED
FOR A PERIO OF 18 MONTHS FOR HIGHWAY PURPOSES, THE CONTRACT
TERMINATES
IF COUNTY USES A CONTRACTOR, THERE IS A SECTION ON THE
REQUIREMENTS FOR THE INSURANCE THE CONTRACTOR MUST USE ALSO
A CONTRACTOR'S RIGHT OF ENTRY AGREEMENT AND CONTRACT
ATTACHMENT INCLUDING MINIMUM SAFETY REQUIREMENTS
CONVERSATION WITH SUE GRABLER
SHE IS RETIRING IN 2 WEEKS AND WOULD LIKE TO GET THIS CONTRACT
SIGNED ASAP SO THAT THE WORK ORDER CAN BE RELEASED. OTHERWISE,
IT WILL TAKE A LONG TIME TO GET THE WORK ORDER SENT OUT.
THE RR EXPECTS TO DO NO WORK ON THIS PROJECT EXCEPT HAVE
SOMEONE REVIEW THE WORK.
THE COUNTY'S DESIGN HAS ALREADY BEEN APPROVED.
IF THE COUNTY IS NOT USING A CONTRACTOR, IT IS MUCH EASIRE, AS
THERE IS NO REQUIREMENT FOR THE EXECUTION OF THE RIGHT OF ENTRY
CONTRACT, AND ALL THAT GOES WITH IT.
THERE WILL BE NO FLAGGING BY THE RR SINCE THIS IS AN INACTIVE LINE
Page 1 of 1
Stephanie Arries
From: Bruce Barker
Sent: Wednesday, March 07, 2007 10:18 AM
To: Stephanie Arries
Subject: RE: UP CONTRACT
Sorry. Had "Warner" on the brain! Meant Bob Patrick.
From: Stephanie Arries
Sent: Wednesday, March 07, 2007 10:17 AM
To: Bruce Barker
Subject: RE: UP CONTRACT
BRUCE,
WHO IS BOB WARNER? I COULD NOT FIND HIM IN OUR DIRECTORY.
THE COVER LETTER ON THIS CONTRACT WAS TO ROBERT PATRICK. SHOULD I CALL HIM?
STEPHANIE
From: Bruce Barker
Sent: Wednesday, March 07, 2007 10:01 AM
To: Stephanie Arries
Subject: RE: UP CONTRACT
Excellent work on that summary. Check with Bob Warner and make sure he is OK with the terms. Also, see if
and when he wants us to work on the PUC application. Thanks. Bruce.
From: Stephanie Arries
Sent: Wednesday, March 07, 2007 9:35 AM
To: Bruce Barker
Subject: UP CONTRACT
BRUCE,
ATTACHED ARE MY NOTES ON THE REVIEW OF THE CONTRACT AND ON MY CONVERSATION WITH
THE UNION PACIFIC REPRESENTATIVE.
TIME IS OF THE ESSENCE HERE AS THE PERSON IN CHARGE OF THIS PROJECT IS SUE GRABLER AND
SHE IS RETIRING IN 2 WEEKS. IF SHE DOES NOT GET THE CONTRACT SO THAT SHE CAN SEND OUT
THE WORK ORDER, IT WILL BE A VERY LONG TIME BEFORE ANYONE ELSE IS HIRED, AND EVEN
LONGER UNTIL THEY ACTUALLY GET TO THE WORK.
STEPHANIE
3/7/2007
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MEMORANDUM
TO: Bruce Barkers DATE: February 21, 2007
FROM: Bob Patrick�,6.1"
SUBJECT: Request review of UPRR New Public Crossing
Agreement.
Attached for your review is UPRR New Public Road Crossing Agreement for the PUC approved
relocation of existing crossing on WCR 3 near Erie. This document is needed to complete that
PUC application.
1m
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MEMORANDUM
CTO: Clerk to the Board DATE: 3-07-07
•
COLORADO FROM: Wayne Howard,
Public Works Chief Senior Engineer
SUBJECT: Agenda Item—UPRR New Public Road At-Grade
Crossing Agreement
Request placement of:UPRR New Public Road At-Grade Crossing Agreement for WRC 3 on the
next available Board of County Commissioner meeting agenda. I have attached two original,
unsigned duplicate agreements. The agreement has been sent to Weld County by UPRR for
signature and a resolution for the document's execution.. Normally agreements are presented with
the other party signature affixed. UPRR has there own way of doing business and thus we request
Commission action without their signature. Upon approval of the Board, the two signed original
copies will be sent to UPRR for their signature and one original will be return for recording.
Time is'of the essence on this item. Weld County's liaison in UPRR is retiring in two weeks and her
position will not be filled in the near future. Public Works,needs to return the agreement to her prior
to her retirement in order for Public Works Department to complete the construction of WCR 3 this
year.
Please return BOTH ORIGINAL COPIES of the executed original agreement to the Public Works
Department for distribution to UPRR.
This agreement authorizes Weld County Public Works Department to relocate the existing at-grade
railroad crossing on WCR 3 as part of this active road improvement project.
The County's Attorney, Bruce Barker has reviewed and approved the agreement as submitted.
Enclosures
M:\—Active Projects\WCR 3& 1.5,Erie to ST HWY 52\Design\UTILITIES\UPRR\3-07-07 request BOCC Agenda item UPRR Agreement.doc
MEMORANDUM
TO: Clerk to the Board DATE: April 25, 2007
viipC. FROM: Robert Patrick
COLORADO SUBJECT: Original Copy of Fully Executed Agreement for
Recording - New Public Road At-Grade Crossing
Agreement UPRR at WCR 3 Near Erie
Attach please find Weld County's original copy of the fully executed agreement with Union
Pacific Railroad. This agreement had been signed by the commission (agenda Item 2007-0627)
and returned to UPRR for their signature. Please return original to Public works.
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M:\-Active Projects\WCR 3 8 1.5, Erie to ST HWY 52\Design\UTILITIES\UPRR\4-25-07 memo clerk board fully executed
agreement for recording.DOC
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