HomeMy WebLinkAbout20061970 RESOLUTION
RE: APPROVE CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE
CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM, ON
WELD COUNTY ROAD 54, BETWEEN WELD COUNTY ROADS 15 AND 15.5, 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 for Upgrading Highway/Railroad
Grade Crossing Warning Devices under Federal Section 130 Program, on Weld County Road 54,
between Weld County Roads 15 and 15.5, among the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County Public
Works Department, the Colorado Department of Transportation, Division of Engineering, Design
and Construction, and Union Pacific Railroad Company,with terms and conditions being as stated
in said application, 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 for Upgrading Highway/Railroad Grade Crossing Warning
Devices under Federal Section 130 Program, on Weld County Road 54, between Weld County
Roads 15 and 15.5, among the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Public Works Department,
the Colorado Department of Transportation, Division of Engineering, Design and Construction, 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 contract.
2006-1970
00 P, 1 Lac EO0054
�^ 5) ®l-, vo
RE: CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING, WCR 54,
BETWEEN WCRs 15 AND 15.5,
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th d f July, A.D., 2006.
ELF``
I` BOARD OF OUNTY COMMISSIONERS
ism WELD C TY, COLORADO
ATTEST: Lid D�
`z M. J. ile, Chair
Weld ounty Clerk to the :• ��, 'i
David E. Long, Pro-Tern
BY: v tiYu/ILL
De Clerk o the Board EXCUSED
Wil • m H. Jerke
R DASTOF
Robert D. asden
ty tto ey EXCUSED
Glenn Vaad
Date of signature: 12 dc'(:
2006-1970
EG0054
MEMORANDUM
TO: Clerk to the Board DATE: July 20, 2006
"Ripe FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
COLORADO SUBJECT: Agenda Item
Enclosed are: Four (4) original contracts for the Upgrade of Highway/Railroad Grade
Crossing Warning Devices with Union Pacific Railroad and the State of Colorado for the
crossing on WCR 54 between WCR 15 and WCR 15.5.
Please return all four (4) originals to Public Works as soon as they have been executed.
An original will be returned for recording.
pc: WCR 54 UPRR File
M:\-Active Projects\WCR 54,UP RR\Design\Contracts\7-20-06 Agenda Item memo.doc
2006-1970
SRP C030-027, 13781
Weld Cnty Rd. 54. UPRR
MC No. 804-493M
CONTRACT
FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES
UNDER FEDERAL SECTION 130 PROGRAM
THIS CONTRACT, made this or �X day of 4 , 2006,by and between
the STATE OF COLORADO for the use and benefit of the STATE OF
TRANSPORTATION, DIVISION OF ENGINEERING, DESIGN AND CONSTRUCTION,
hereinafter referred to as the"State", and WELD COUNTY, COLORADO, hereinafter referred
to as"Local Agency", and UNION PACIFIC RAILROAD COMPANY, hereinafter referred to as
the"Railroad"or the"Contractor".
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, Appropriation Code 010, Function 3987, Object 2311 1 P,
Originating Unit 9991, Phase C, Reporting Category 4280, Program 2000, Contract
Encumbrance Number 13781, Contract Encumbrance Amount $145,854.00; 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 42-2-
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, Part A, Section 1007 of the Intermodal Surface
Transportation Efficiency Act of 1991, specifically Section 130 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 Section130 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
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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, Part 646, Subpart B)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 paragraph
646.220 of 23 CFR, 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 Exhibits D and E;
and
WHEREAS, the Local Agency has initiated this Section 130 Program project numbered
SRP C030-026, 13780 and the State has completed a CDOT Form No. 463; 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 devices, as more
specifically described on CDOT Form No. 463; and
WHEREAS, the proposed improvements provided for herein are located on Weld County
Road 54, north of Johnstown, Weld County, Colorado, at the Railroad's track, National
Inventory Crossing No. 804-493M, Railroad milepost 13.56; and
WHEREAS, the Local Agency is responsible for complying with all terms and conditions
of this contact for project SRP C030-027, 13781; and
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WHEREAS,the Railroad has agreed to be responsible for the installation and operation
of the crossing warning devices installed hereunder; and
WHEREAS, the Railroad is adequately staffed and suitably equipped to undertake and
satisfactorily complete the proposed improvements, and can perform the Railroad Work more
advantageously and more cost effectively than the State; and
WHEREAS, it is in the public interest that the Railroad Work be performed by the
Railroad's forces, on a Force Account basis; and
NOW, THEREFORE, it is hereby agreed that:
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
C030-027, 13781, and 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 devices,
and a new cabin.
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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 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:
23CFR Part 140 Subpart I
23CFR Part 646 Subpart B
MUTCD Dated 2003
•SECTION D. DESIGN DATA
The highway/railroad improvement project provided herein, identified as Project No.
SRP C030-027, 13781, consists generally of installing highway/railroad grade crossing
improvements consisting of flashing light signals, gates, bells, constant warning devices, and a
new cabin, located on Weld County Road 54, north of Johnstown, Weld County, Colorado and
the Railroad's track, National Inventory Crossing No. 804-493M, Railroad milepost 13.56 as
more fully described in CDOT Form No. 463 which the State has developed. Said CDOT Form
No. 463 shall be part of this contract by reference. Only those crossing warning device
improvements provided in the final CDOT Form No. 463 for this project are eligible for federal-
aid participation under this contract.
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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, assisting in the preparation of CDOT Form No. 463, 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
By executing this contract, the Local Agency certifies that (i) the proposed project lights,
gates, CWT, cabin and other appurtenant facilities associated with the project will be constructed
on existing Local Agency right-of-way owned by Local Agency, or on railroad right of way that
was granted previously to Local Agency for public street or highway purposes, (ii) if additional
right-of-way is needed from the Railroad to facilitate the project, then Local Agency shall apply
to the Railroad for such additional right-of-way, and (iii) any acquisition of additional right of
way property from any third party, or right of way rights granted by the Railroad to the Local
Agency for the project shall be in accordance with FHWA and State regulations.
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SECTION E. COST ESTIMATES
Prior to execution of this contract, the Local Agency shall review the Railroad's plan and
estimate(Exhibit C) for the Railroad Work defined in Article I, Section A, and shall notify the
State, in writing whether the estimate is not acceptable as a basis for reimbursing the Railroad for
eligible charges. The Local Agency shall also provide the State, if requested, with the Local
Agency's cost estimate for construction zone signing, including detouring of traffic if required,
pavement marking, and any other work the Local Agency will be responsible for in connection
with this crossing improvement. The State will assist in determining these costs if requested by
the Local Agency.
SECTION F. CROSSING IMPROVEMENT WORK
The Local Agency shall coordinate crossing improvement work and shall inspect the
Railroad Work performed by Railroad forces. The Local Agency shall not initiate or authorize
any crossing improvement work, including the Railroad Work until the State has issued the
Notice to Proceed, Article IV, Section A, to the Local Agency and the Railroad. In the event that
such work is initiated by the Local Agency prior to issuance of the notice to proceed, other than
advance preliminary engineering or the early ordering of material as authorized, in writing,by the
State, when applicable (Exhibits D and 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 Civil Projects
Manager 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 Civil Project Manager and the State's Railroad Coordinator 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 Civil Projects Manager will approve the bill for payment by the State to the
Railroad.
SECTION H. 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
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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.
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 I, 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(Exhibits D and 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.
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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 C030-027, 13781. EACH INVOICE SHALL
SPECIFICALLY STATE THE WORK PERFORMED AND SHALL BE THE SAME AS THE
WORK AUTHORIZED. IF PAYMENT IS NOT MADE WITHIN 45 DAYS OF THE STATE'S
RECEIPT OF AN INVOICE, THE STATE SHALL PAY INTEREST TO THE RAILROAD
NOT TO EXCEED 1%PER MONTH UNTIL PAYMENT 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 paragraph 140.922 of 23 CFR,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,Part 140, Subpart 1.
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. The Railroad shall not be responsible for maintaining the roadway approaches described in
Article III, Section I.
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
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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
engineering and early ordering of material as may be authorized in writing by the State's Chief
Engineer(Exhibits D and E).
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. The Local Agency shall reimburse
the State the actual costs incurred by the State in performing such assistance.
SECTION C. FUNDING LETTER
The State may also 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. Colorado Department of Transportation Form No. 1186 known
as the Contract Funding Increase/Decrease and Approval Letter shall be part of this contract as
Exhibit F.
ARTICLE V
ADDITIONAL PROVISIONS
SECTION A. FINANCIAL PROVISIONS
The total encumbrance for project number SRP C030-027, 13781, is $145,854.00;
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. If during the performance of the project the Local Agency or the Railroad determine
and notify the State that the Eligible Charges of the project will exceed that total encumbrance
amount, the State will make all reasonable efforts to timely amend this Contract to increase total
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encumbrance amount to cover the added costs pursuant to Article IV, Section C (Funding Letter),
and until the State does so the Local Agency and/or the Railroad may stop performance of project
work and/or Railroad Work which, if performed, would exceed that current total encumbrance
amount. If actual project costs exceed the total budget, such costs shall be borne exclusively by
the Local Agency. The Local Agency shall not be responsible for any unauthorized Railroad
Work pursuant to Article III, Section A. 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.
SECTION B. REPRESENTATIVES
1. To Local Agency:
Cameron Parrott,P.E
Engineer II
Weld County Public Works Dept.
P.O. Box 758
Greeley, CO 80632
phone: 970-304-6496 ext 3762;
2.Susan Grabler
Manager, Industry and Public Projects
Union Pacific Railroad Company
1400 West 52nd Place
Denver, CO 80221
phone:303-964-4099; fax: 402-233-2254
3. To State:
Karla Harding, P.E.
Regional Transportation Director, Region 4
Colorado Department of Transportation
1420 2nd Street
Greeley, CO 80631
phone: 970-350-2101; fax: 970-350-2177
Michael Frederick
Civil Projects Manager II
Colorado Department of Transportation
1420 2nd Street
Greeley, CO 80631
phone: 970-350-2158; fax 970-350-2198
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4. Billings Sent To:
Hayne Hutchinson
Railroad Coordinator
Safety and Traffic Engineering Branch
Colorado Department of Transportation
4201 East Arkansas Avenue. EP 700
Denver, CO 80222
phone: 303-757-9268; fax: 303-757-9219
SECTION C. MAINTENANCE
1. Local Agency. Upon completion of this project the Local Agency shall maintain the
roadway approaches of Weld County Road 54, 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.
2. Railroad Company. Upon completion of this project the Railroad shall thereafter
operate,maintain, repair and keep its roadbed, track and appurtenances, including the railroad
grade crossing warning devices installed hereunder, in a proper working condition. In the event
that Federal or State funds 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. The Railroad shall not be responsible for maintaining the roadway approaches.
SECTION D. NO BENEFITS TO THE RAILROAD
In accordance with Paragraph 646.210 (b)(1) of 23 CFR, Part 646, Subpart B, 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.
SECTION E. 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.
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SECTION F. 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 atanother 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 G. TERM
The term of this contract, except for the provisions regarding roadway maintenance and
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 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 H. 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.
SECTION I. 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 J. 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.
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SECTION K. EXCEPTIONS TO SPECIAL PROVISIONS
The parties hereto agree that paragraph 3, INDEMNIFICATION, of the Special
Provisions, is hereby waived and shall not apply to the Railroad for this contract.
The parties hereto agree that the final sentence of paragraph 4, INDEPENDENT
CONTRACTOR. 4 CCR 801-2, of the 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.
The parties hereto agree that the first sentence of paragraph 6, CHOICE OF LAW, of the
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.
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 L. SPECIAL PROVISIONS
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SPECIAL PROVISIONS
Section L.
1. CONTROLLERS APPROVAL. CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant
as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose
being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.
The Contractor shall indemnify, save, and hold harmless the State. its employees and agents, against any and all claims,
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by
the Contractor,or its employees,agents.subcontractors,or assignees pursuant to the terms of this contract.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR
SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE
PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES
ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY
PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH
COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY
AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR
SHALL PROVIDE AND KEEP IN FORCE WORKERS'COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE
WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS
REQUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES
AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination
and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,
execution,and enforcement of this contract. Any provision of this contract,whether or not incorporated herein by reference.
which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and
regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in pad shall 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
will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and State laws.
rules,and regulations that have been or may hereafter be established.
7. VENDOR OFFSET. CRS 24-30-202(1)&CRS 24-30-202.4
Pursuant to CRS 24-30-202.4(as amended),the State Controller may withhold debts owed to State agencies under the vendor
offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued
interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (d)owed amounts required to be paid to the Unemployment Compensation Fund;and (e)
other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final
agency determination or reduced to judgment as certified by the controller.
8. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition, operation, or maintenance of
computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby
certifies that,for the term of this Contract and any extensions,the Contractor has in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph,the State
may exercise any remedy available at law or equity or under this Contract,including,without limitation,immediate termination of
the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest
whatsoever in the service or property described herein.
14
Effective Date: April 1,2004
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT.
STATE OF COLORADO UNION PACIFIC RAILROAD COMPANY
BILL OWENS,
GOVE �R�/�
By By jti����c- /.4c-“*
„/)
C.Vidal,P.E. Title AVP ENGINEERING
Branch Manager
Safety and Traffic Engineering
Attest
Federal Employer Identific on
No.94-6001323
1416 Dodge Street
Omaha,NE 68179
LS
4 in b s WELD COUNTY, ORADO
Attest a. w � :Y 712
W- d County Clerk to
` J. Geile, Chair, Board of County Commissioner
BY: K. " " I"�' ' .i t L rint Name and Title
Dep 'y Cler. 'to t e B JUL 2 4 2006
915 10TH Street
Greeley,CO 80632
APPROVED:
JOHN SUTHERS
AttorneyGeneral
By „1/4..) YOU
Kathryn Young C JX
Assistant Attorney General
Civil Litigation Section
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. The contractor is not authorized to begin
performance until the contract is signed and dated below. If performance begins prior to the date below,the State of
Colorado may not be obligated to pay for the goods and/or services provided.
State Controller
Leslie Shenefelt
ddAl
By CDOT er'SAA C
Date J UR) tP
15
&tee --/926
EXHIBIT A
NOTICE OF PUC APPLICATION
LATE-FILED EXHIBIT
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Ex46,ifC
DATE: 2006-03-06
ESTIMATE OP MATERIAL ME FORCE AC XXA T WORK
ET 100
UNION PACIFIC RAILROAD
DESCRIPTION OP WORK:
IMSu L Len FL SIGNALS whams AND CET IN NEN CABIN AT CR-54 IN pawnor
CO. M.P. 13.54 CB TEE POET COLLINS SUB.
SIWL PROJ&.R MANAGER: BOB TUaIPSON 245-2587
RAILROAD TO PERFOIW ALL ROBE / COST DISTRIBUTED AS FOLLOWS:
SIGNAL • FEDERAL GOPERIN®T? 100% RNNLLRC[IBLN
DID: 51980 ANA: 53087 I@,SUBDP7: 13.56, FICOILINS
SERVICE WRIT, 14 CITY: MIILIKEN STATE: CO
DESCRIPTION on UNIT LABOR MATERIAL RECALL UPRR TOTAL
EGRlRINJ NENRE
EIGINEIXING 1277 1277 1277
LABOR ADDITIVE 103.458 5681 5601 5681
GIG-ER AE 4215 4216 4215
TOTAL ENGINEERING 11173 11173 11173
SIGNAL RORK
SIGNAL 51202 61202 51202
TOTAL MEAL 51202 51202 51202
TRACK 4 BWVACR RORK
BILL PREP 900 9D0 900
CONTRACT 6661 6661 6661
=VERT 3000 3000 3000
EARTH FILLMOCE 1425 1425 1425
LABOR ADDITIVE 103.45% 20195 20195 20195
METER SERVICE 12000 12000 12000
PERSONAL EXPENSES 16500 16500 16500
SIG-MUG 19521 19521 19521
TRANSPOETATION CHARLES 3277 3277 3277
TOTAL TRACK 4 SURPACE 40616 42863 83479 83479
LABOR/MATERIAL EXPENSE 51709 94065
RECOLLEcrIB18/UPBR BM 'S 145854 0
ItErTDIATED PROJECT COST 145054
EXISTING RELISHABLE MATERIAL CREDIT 0
SALVAGE MONOSRABLE MATERIAL CREDIT 0
RECOLLECIIBLE LESS CREDITS
TRH ABOVE FIGURES ARE 88TIA1RS CNILT AND Sumer TO FIOCNAT10M. IN TIE EVENT OF
AN INCREASE OR DECREASE IN THE COST OR QUANTITY OP MATERIAL OR LABOR REQUIRED,
DPRR WILL HILL FOR ACTUAL CONSTRUCTION COSTS AT ERR CURREIP EPPECPIVE RATE.
•
PORN 30.1 9A05 01 HORS
WORK ORDER AUTHORIZATION-DETAIL OP ESTIUITBD EXPENDITURES
PROD NO: 51940
A.W.O. NO: 53087
W.O. NO:
RAT : OPRR CO, E.I. NO: 055110
LOCATION: MILLIKEN.W,CR-54.PORT COLLINS SOB. STATE: CO
DEPARTMENT: ENGINEERING SERVICES SRRVICB UNIT: 14 VAL SRC: 0509
'MULL LED FL SIGNALS N/GATES AND CNT IN MEN CABIN AT CR-54 IN MILLIKEN
CO. X.P. 13.56 ON TOR PORT COLLINS SUS.
SIGNAL PEO ECI NWIAGER: BOB THOMPSON 245-2587
RAILROAD TO PERFORM ALL IORK I COST DISTRIBUTED AS FOLLOWS:
BIOEU, - PEDEIAL mamma 1008 RNWL.LBCFIBLE
PORN 30-1 PACE 04 4C1%R
WORK ORDER NYINORIZATION-DETAIL OP EETIRATED BXPBNDITURSS
PROT NO: 51980
A.M.O. NO: 53087
M.O. NO:
RAILROAD: WAR CO. B.I. NO: 05®110
LOCATION: MIIL,I8871,W,CR-54•FORT COLLINS SOH. STATE: CO
DSPAM710iNT: EMGINESRIMO SERVICES VAL SRC: 0509
STOCK MATERIAL PLAN
ITEM ITEM WIT DIRECT
NUMBER DESCRIPTION COST OTT W4 WAT6 $
02040420 BATTERY,CB(B,76A9 OR 50A13 169.21 6 EA 1015
02040660 BAT1'®IY,OMB, 75A23 OR 50A27 298.71 7 BA 2091
09011240 CABLE TIE, NYLON 1 1/8• MAX. DIA 0.02 200 BA 4
09011980 CABLE TIE, NYLON 3 1/2" MAX. DIA 0.13 20 BA 3
09014950 CIRCUIT BRRR,120/290y 20A 2 POLE 13.66 1 EA 14
09015690 CIRCM',BREAKER, 120/2408 30A AC 5.70 2 ER 11
09054360 RELAY, GEN.PURPOSE 120P. TAB 856 5.86 2 BA 12
09057650 BOCIRT,p-B 271122 TAB 836A 6 856 1.94 2 RA 4
09065700 TAPE, ELECTRICAL PLASTIC 2.66 2 Rh 6
09066900 TURINAL,SPAD8,10-12 WIRE,IH END 0.12 20 BA 2
09137100 T®4.LW 3/16 CAWS-1/4 POST 2412 0.49 30 EA i5
09215100 33466 TERMINAL, RING TONGUE AMP 0.19 24 EA 5
09260350 YEg1IMAL,/16-14 18 SPAIN 0.06 35 EA 2
09261420 321524-1 TERMIIW„186T I6-22 A 1.62 4 BA 6
09261570 321527-1 TERMINAL, TEST 1.53 15 BA 23
09401140 ADAPTER, 4 INCH CARBON PLASTIC 2.73 2 BA 5
09409820 EU8HIRC, 4• PLASTIC,INSDLATING 0.77 2 WA 2
09424920 COIDOIT, 4•, PVC, TYPE 40 2.23 90 LP 201
09467930 =MIT, 4 INCH. OMANIXBD 5.13 2 BA 10
09602970 LAMP, HALOGEN, 10y, 25W 4.15 1 RA 4
09844170 GRIMM) ROD, 5/0 INCH X 8 PEST 5.66 9 BA 51
09846750 GRND.ROD COON. 4MAY ORESHOT. 4.72 9 EA 42
09908640 WIRB,96 ANO.1 001 D.CDPPER,80LI0 0.18 225 LP 41
09912200 WIRE #6 ANO 2 (HID 500'ROLL BHIEII 1.29 800 LP 645
09913200 WIRE,96, 5 CUP 500'ROLL SBIEIXED 2.25 500 LP 1125
09915610 MIRE 16 ARG 1 CORD COPPER. STRAB 0.38 145 LP 55
09930560 WIRE 110 RIO 1 OUND COPPER, STAN 0.16 780 LP 125
09932310 WIRE #10 AMG 1 CORD COPPER, TWIST 0.31 120 LP 37
09946100 WIRE 814, 7 Cam 500' ROLL SHIM 1.05 500 It 525
09960090 MIRE 816 AEG 1 CWw COPPER, STRAN 0.10 650 LP 65
09976180 WIRE,822,IW.PR. BELDEN 18761 0.07 20 LP 1
13547870 SHEET METAL SCION, #10 X 1 INCH 1.27 1 EX I
13552450 SHEET METAL SCRER,112 X 3/4" 1.64 2 Ex 3
13553150 SHEET METAL SCREW 112 X 1" 2.97 1 BX 3
17061400 PRDIOQC,SIQ AL,NI HOOT KBY,AMERIC 14.11 6 HA B4
28033210 CARTON, 391/PLED 1/4"11 X 17 3.84 1 BA 4
28033230 CARTON, 47 3/8"L X 39 1/2-N X 18" 9.74 1 EA 10
28041880 PALLET, 48 X 40 TN 2/NAY 8.68 2 EA 17
35040010 PIASTER OP PARIS, DENIAL ORADE 0.81 25 LB 20
39340220 SIGN, HIGHWAY CROSSING 50.00 2 EA 100
•
' PORN 30-1 MGR 05 MORE
WORK ORDER AVWpRIZAT20N-DETAIL OP sternum EXPENDITURES
PROJ NO: 51980
A.N.O. NO: 53087
N,O. NO:
RAILROAD: OWE CO. B.I. NO: 0521110
LOCATION: NILLII®N,CO,QR-54,PORT COLLINS SUB. STATE: CO
DEPARI7®T, ENOINBBRIRO SERVICES VAL BAC: 0509
52001370 NORM PNCNECTOR S920.21 IPA 505 67.56 2 BA 135
52001630 8XTSNBI0N CORD - 12' 66.94 1 BA 67
52005690 BOND HIRE, 7 STRANDS 0.49 200 LP 98
52016830 EIRE DUCT. 2X3 8.44 9 BA 76
52016940 EIRE DUCT, 313 9.82 6 RA 59
52017510 WIRE DUCT COVER 2.16' 1.84 9 BA 17
52017620 HIRE DUCT COVER 3.16' 2.06 6 BA 12
52019530 ENCI000RL SHUNP,POLE MOUNED.24X2 155.07 2 BA 310
52019560 EQUALIZER, N.D. TA8 583 8.92 15 NA 134 .
52021550 FODIDATIOE,4',STBEL,F0R PLBNR/OAT 195.80 2 BA 392
52025240 HOUSE. 626, SIGNAL ZINC 4367.57 1 EA 4368
52027350 CLIP BOARD - FOR SIGNAL PRINTS 7.20 1 RA 7
52027430 5788 801 14.53 1 EA 15
52028420 LIGY117ING ARREBTOR,CLR-CY804 TAB 3 6.77 26 EA 176
52029780 LIGHTNING ARR.HD TAB 582 I/O BASE 9.56 4 NA 38
52030018 LICEININO ARRESTOR RYANR.SIRIP 4.02 4 2A 16
52039210 RRCTIPIBR,20SC,12V.TA8875 271.27 1 EA 271
52019390 RECTIFIER. 40EC, 12V. TAB577 377.06 1 BA 317
52040460 RESISTER, ADJ. 5 OHM, TAB 90 12-75 1 BA 13
52041200 WSIBTANCE UNIT,ADJ.10 OHM. TAB 9 23.29 1 NA 21
52042650 POET. MOUNTING, FOR SHUNT HOUSING 10.06 4 PA 40
52068650 TERMINAL, 96 - 5 WIRE - RIWA TIDE 0.16 25 RA 4
52070010 TBRMINAL,E12-10 NIRE,RHNG TONGUE 0.08 300 BA 24
52071600 TERNINAL,I20-16 RIRLEIBG TONORRR 0.07 150 BA 31
52072200 TERMINAL BLOCK, 51(2W. 2 P057 BAX 2.25 52 BA 117
52072740 TERMINAL BLOCK, SIGNAL 12 POST 6 8.94 1 BA 9
52072960 THRMIKAL BLOCK, SIGNAL 12 POST 6.93 4 RA 28
52014650 TROT LINE, INSULATED ASSEMBLY TAB 0.66 15 EA 10
52074660 SRITC2, DICKERS TAB 82 13,90 1 RA 14
52079550 EIRE TAG, PLASTIC - WRITE 0.12 100 EA 12
52079560 MARKING PEW(FOR NSI'TE TAG) 1.95 1 BA 2
52108120 LW PL/GATE ASSI.2 WAY LIGHTS 7173.18 2 RA 14346
52109370 GATE AMC ADJ.16-32' 479.30 2 EA 959
52122140 NIGH RIND BRACKET 5"OR 4' 63.99 2 EL 128
52136470 SEEM PIN. BK-1000-1 5.50 2 BA 11
52137160 GUARD RAIL, 72• DIA- 61314I-CIRCLE 640.02 2 BA 1280
52207100 CRD XING PREDICIR GCP 4000 2TK.MA 15768.00 1 BA 15766
52258850 185, TAB 642, 62775-3491 310.95 2 EA 622
52263600 SURGE ARRESTOR,METER LOOP. 28.47 1 BA 28
52264040 SURGE PANEL - TAB 618 196,29 1 EA 196
52276150 55 XINO CONTROLLER NODULE FOR GCP 1699.25 2 BA 3399
52278850 INTELLIGENT LIGHT OUT DETECTOR 11 378.45 2 EA 757
53648010 INSULATING CAP 4 SHIELD ASHY. 2.01 4 BA B
53903460 BPD 120/240TDPL SURGE PROTECTOR 250.79 1 BA 251
53954500 160429-000 BOOTLEG KIT 46.63 4 BA 187
•
FORM 30.1 PAGE 08 NONE
N➢RL ORDER AOTEORIZATION-➢:TAIL OP RSTINATED EXPENDITURES
PROJ NO: 51980
A.N.O. N0: 53087
N.O. NO:
RAILROAD: OPRR CO. B.I. NO: 0SNa10
LOCATION: NILLINEN,W,CR•54,Mr COLLINS SM. STATE: CO
DEPARTMENT: ENII1E08RINO BERVICEB VAL SEC: 0509
TOTAL 51,204
FORM 30-1 PAGE 08 MDRE
NORA ORDER AUTHORIZATION-DETAIL OP ESTIMT® EXPENDITURES
PROs NO: 51980
A.N.O. PO: 53087
N.O. NO:
RAILROAD: DPRR CO. E.I. NO: OSENIO
LOCATION: NIILIIEN.CO,CR-54.P01T COLLINS SUB. STATE: CO
DEPARTMENT: FOGINESRING S®lVIO= PAL SEC: 0509
JOB ACCT UNIT TOTAL. CO0ABLE TO
NO. NO. DESCRIPTION OTT ON COST LABOR MATERIAL P.I. 0.8. OTHER
--- l---- ! [ t l 1 1 I ! I
I 2 ! I ! 1 1 I I
I ! 1 1 1 I I I I
I I I I I I ! I I
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I I I I I 1 I ! I
I I ! I I 1 1 1 1
I I I I I I I I I
I I I I
I I I I
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I I I I
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! ! I 1
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I I I 11 I I I
I I I I I I I I
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I I I I I I ACCT 709 SUBTOTAL
I ! I I I I 145854
I I I I I I I I
! I I I I I I I
I I I I ! I I I
I I I I I I ! I
... ... ................... ....... .. ..« .... .... ....«... ........ .........
I IESTIMATE TOTALS I I I 51789 940651 I I 145054
e. ... ...m«... ......... ....«.« ...... -h..._...
RSTINATED BY: XC0I249 CILN: 156454 00 TOTAL ESTIMATED EXPENITURES: S145.854
••••«........
DATA: 03-06.2006 APPROVED BY: APPROVED BY:
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•
AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS
ESTIMATED MAINTENANCE COSTS
uNtOkt FOR WO53087
c<c.0 is
HIM! BY THE UNION PACIFIC RAILROAD
STREET CR 54
TOWN MRIIKEN CO
MILEPOST 13.56
SUBDIVISION FORT COLLINS
AAR/DOT NO. 804 492M
WORK ORDER# 53087
DESCRIPTION UNIT VALUE QUANTITY UNITS
NON-CODED TRIG CIRCUIT,Fwwauoae nn'nc or mes 101 1 0 0
SUPERIMPOSED CIRCUIT(errAC)I DETECTION LOOP 2 0 0
HIGHWAY GRADE CROSSING SIGNAL 2 2 4
(ONE PAIR OF FLASHING LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 2 2
•
GATE MECHANISM,AUTOMATIC 8 2 16
WITH ARM UP TO 26 FT
GATE MECHANISM,AUTOMATIC 9 0 0
WITH ARM OVER 26 PT
GCP/HXP(Coutat wombs onkel 10 1 10
EXIT GATE MANAGEMENT SYSTEM RACK* 10 0 0
MOVEMENT DETECTOR(PMD) 6 0 0
MOVEMENT DETECTOR(STANDBY UNIT) 2 0 0
RADIO DATA LINK,PER UNIT 1 0 0
PREEMPTION CIRCUIT 2 0 0
DATA RECORDER 1 1 1
REMOTE MONITORING DEVICE* 2 0 0
BONDED RAIL JOINTS (pa mile,ncb nu, tssie e.aem) 1 0 0
BATTERY AND CHARG tauter.eu 2 2 4
TOTAL UNIT COUNT 37
PAVEMENT RESTORATION COSTS (Actual)
Annual Maintenance Cwt at 5145/Unit $5,365
*UP supplied Unit Value
March 6,2006
Eo4/(7/ / P
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Safety and Traffic Engineering Branch
4201 East Arkansas Avenue.EP 700 ire1 OT
Denver,Colorado 80222
303 512-5100 Voice
303 757-9219 Fax . ..,e.
February 15, 2005
Susan K. Grabler
Manager, Industry and Public Projects
Union Pacific Railroad
1400 West 52nd Avenue
Denver, CO 80221
RE: Preliminary Engineering Authorizations
Dear Ms . Grabler:
This letter is the State' s authorization to the UPRR to perform
the preliminary engineering services required for CDOT railroad-
highway crossing projects :
SRP C030-027 , 13781 - Weld Cnty Rd. 54 w/o WCR 15 . 5
SRP SH2571-007, 14103 - SH 257 n/o CR 4850, n/o Milliken
SRP SH60A-007 14102 - SH 60A at Dorothy Ave. , in Milliken
SRP SH60A-008, 14104 - SH 60 east of Milliken
Subject to the following conditions :
a . The authorization is for the maximum amount of $3 , 000 . 00
for each project and only for engineering services after the date
of this notice. Services performed prior to the date of this
notice are not reimbursable by the State; and
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 .
Under section 7-101 . 06 of the State' s Procurement Code, 1CCR
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.
Page 1 of 2
Colorado Department of Transportation Transportation Safety and Traffic Engineering Branch
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 .
The State considers the preliminary engineering to be an
essential pre-contract cost under section 7-101 . 06, State
Procurement Code, since the cost is incurred directly pursuant to
and in anticipation of the award of the proposed contract . If
the preliminary engineering is performed now the public will
benefit when the improvements have been made.
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 preliminary engineering only and is
not for the actual performance of the project installation work.
If you have any questions, please contact Hayne Hutchinson at
303-757-9268 .
Sincerely,
Gabriela C . Vidal , P . E.
Branch Manager
cc : Mike Frederick, Reg . 4
Bryan Schafer, BO, Reg. 4
P. Thompson/D.Johnson, OFMB
Bruce Johnson
File
Page 2 of 2
Ek41/ E
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Safety and Traffic Engineering Branch
4201 East Arkansas Avenue.EP 700 Q7'
Denver,Colorado 80222
82;War
(303)757-9219 Fax
May 9 , 2006
Susan K. Grabler
Manager, Industry and
Public Projects
Union Pacific Railroad
1400 West 52nd Avenue
Denver, CO 80221
RE: Material Purchase Authorization - Weld County Road 54, State
Highway 257 , State Highway 60 (Dorothy Ave. )
Dear Ms. Grabler:
This letter authorizes the Union Pacific Railroad to order the
materials required for the following Section 130 railroad-highway
crossing projects:
SRP C030-027 , 13781, Weld County Rd. 54, Weld County,
Colorado; national inventory crossing no . 849-362K. UPRR milepost
13 . 56 .
SRP 257-007 , 14103 , State Highway 257, Weld County,
Colorado, national inventory crossing no. 804-538S . UPRR milepost
9 . 94 .
SRP 060A-007 , 14102 State Highway 60, in the Town of
Milliken, Weld County, Colorado, national inventory crossing no .
804-536D. UPRR milepost 8 . 71 .
Subject to the following conditions :
a. The authorizations are for the maximum amount of
$94 , 065 . 00 for Weld County Rd. 54 ; $87 , 390 . 00 for State Highway
257 ; $92 , 956 . 00 for State Highway 60 (Dorothy Ave . ) and only for
material ordered after the date of this notice; and
b. The maximum amount shall not be exceeded without first
obtaining further authorization, in writing, from the State.
Page 1 of 2
Colorado Department of Transportation
Transportation Safety and Traffic Engineering Branch
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 Hayne Hutchinson at
303-757-9268.
tSin rely,
4..,,,,, a. 6.1_441.-
abriela C. Vidal, P.E.
ranch Manager
cc : Mike Frederick, Reg. 4
Bryan Schafer, BO Reg. 4
File
Page 2 of 2
A(4;b;1 /-
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 (goency name) (division) and (contractor's
name) covering the period of (contract start date) through (contract end date), the
undersigned commits the following funds to the contract:
The amount of funds available and specified in Paragraph is (increased/decreased) by (I
amount of change) to a new total funds available of ($ ) to satisfy orders under the contract.
Paragraph is hereby modified accordingly.
This funding letter does not constitute an order for services under this contract.
This funding letter is effective upon approval by the State Controller or such assistant as he may
designate.
APPROVALS:
State of Colorado:
Bill Owens, Governor
By: Date:
For the Executive Director/College President
Colorado Department of or Higher Ed institution
By: Date:
For (Division)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The
contractor is not authorized to begin performance until the contract is signed and dated below. If
performance begins prior to the date below, the State of Colorado may not be obligated to pay
for goods and/or services provided.
State Controller
Arthur L. Barnhart
By:
Date:
Date Issued: February 10,2003
EXHIBIT G
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 award 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 on 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 Subcontractor of supplier as a
result of such direction, the Contractor may request the State to enter into such litigation to protect the
interests of the State and, in addition, the Contractor may request the FHWA to enter into such litigation
to protect the interests of the United States.
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