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Home My WebLink About20053698.tiff 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 Great Western Railway of Colorado, LLC, 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 Great Western Railway of Colorado be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. 2005-3698 EG0052 (fir -/?—OFD 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 28th day of December, A.D., 2005. .k- 1E La BOARD OF COUNTY COMMISSIONERS T♦ WELD COUNTY, COLORADO ��I ,-7-L.� ATTEST: ��'nKscf �/�� .. „��! .�F �� '' '% � illiam H. rke, Chair Weld County Clerk to the�;� By:ti AU�t1 ��ZGICG ' 'le 1 D uty CI k to the Bo ark U �� D id E. Long APPrtO AST \,, �� ----) Robert D. Malden unty Attorney MP A AA.L V O-[it Glenn Vaad 2005-3698 EG0052 ti41*- „, MEMORANDUM CTO: Clerk to the Board DATE: December 15, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. . Director of Public Works/County Engineer/ SUBJECT: Agenda Item ' Enclosed are four original Contracts for the Upgrade of Highway/Railroad Grade Crossing Warning Devices with Great Western Railroad and the State of Colorado for the crossing on WCR 54 between WCR 15 and WCR 15.5. Please return all four originals to Public Works as soon as they have been executed. An original will be sent back for recording. pc: Cameron Parrott M:\Francie\Agend-l.doc • • 2005-3698 O6 /44.9 �OD3 SRP C030-026, 13780 Weld Cnty Rd. 54, e/o WCR 15 GWRR; NIC No. 849-362K CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM THIS CONTRACT, made this cx day o 200 , by and between the STATE OF COLORADO for the use and benefit of e STATE EPARTMENT 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 GREAT WESTERN RAILWAY OF COLORADO, LLC., 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 13780, Contract Encumbrance Amount$175,257.32; 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 1 _joo.s- mb9V 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, east of WCR 15, north of Johnstown, Weld County, Colorado, at the Railroad's track, National Inventory Crossing No. 849-362K, Railroad milepost 21.21; and WHEREAS, the Local Agency is responsible for complying with all terms and conditions of this contact for project SRP C030-026, 13780; and 2 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 2000 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. SRI) 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. 3 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(Example) 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 2000 SECTION D. DESIGN DATA The highway/railroad improvement project provided herein, identified as Project No. SRP C030-026, 13780, 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, east of WCR 15, north of Johnstown, Weld County, Colorado and the Railroad's track, National Inventory Crossing No. 849-362K, Railroad milepost 21.21 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. 4 ARTICLE II COMMITMENTS ON THE PART OF THE LOCAL AGENCY SECTION A. PRE-CONTRACT ADMINISTRATIVE TASKS Certain administrative tasks are necessary to be performed prior to execution of this contract and the Local Agency agrees that the costs of those tasks, whether incurred by the Local Agency or the State shall be eligible for reimbursement from project funds. Said tasks include, but are not limited to, 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 The Local Agency shall provide written certification to the State that the proposed project will be constructed on existing right-of-way, or that if right-of-way is acquired for the completion of the project that such acquisition was made in accordance with FHWA and State regulations. SECTION E. COST ESTIMATES Prior to execution of this contract, the Local Agency shall review the Railroad's plan and estimate (Exhibit C) for the Railroad Work defined in Article I, Section A, and shall notify the State, in writing whether the estimate is not acceptable as a basis for reimbursing the Railroad for eligible charges. The Local Agency shall also provide the State, if requested, with the Local 5 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 records, and other evidence pertaining to costs incurred and to make such materials available at all reasonable times during the construction of the project and for three (3) years from the date of final payment. Copies of such records shall be furnished by the Local Agency if requested. 6 ARTICLE III COMMITMENTS ON THE PART OF THE RAILROAD COMPANY SECTION A. CROSSING AT GRADE 1. Warning Devices. The Railroad agrees to accomplish by force account all the Railroad Work defined in Article 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. 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 C030-026, 13780. EACH INVOICE SHALL 7 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 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 3, 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 8 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 C030-026, 13780, is $175,257.32; 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 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 9 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. To Railroad Company Chris Dodge, P.E. V.P. Engineering OMNITrax, Inc. 50 South Steele. Suite 250 Denver, CO 80209-2805 303-398-4505; fax 303-398-4540 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 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 10 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 646.210b(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. 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 at another location, they shall be reinstalled at that location by the Railroad under a separate agreement for relocation between the State, Local Agency, and the Railroad, as approved by the PUC. If the Local Agency widens the 11 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. 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 12 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. 13 SPECIAL PROVISIONS Section L. Special Provisions 1. CONTROLLER'S 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 ANL)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 SHALT. 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'DIE CONTRACTOR,EFS 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 part 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 24-30-202.4 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:July 1,2003 SPECIAL PROVISIONS THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT STATE OF COLORADO GREAT WESTERN RAILWAY COMPANY BILL OWENS, OF COLORADO, LLC GOVE /�O�R�� / / �% \ (� By /r�!%ttiu-c 'C/v.0 ' Gab Lela C. Vidal, P.E. Alit 1-islet_ 7. pc r,c ..J ti n(-1 ,=2 Branch Manager Print Name and Title Safety and Traffic Engineering Attest Federal Employer Identification No. 84-1277004 P.O.Box 537 Loveland, CO 80539 `WELD COUNTY,COLORADO Attest Ci°‘• . `+, Bye} �,�/ W d County C erk to the f;`' mi.,. 2 S nn5 M 11, - I 'V a I I f,( fiqt• P t Name and Title De ty C rk to the $ and ® cam, of County Commissioners tttDDLLLLLLJ!lJJJaa oard 915 10TH Street Greeley, CO 80632 APPROVED: JOHNSOUTHERS Attomyry General By lu �ti ` L Win ko(Harry Morrow Chief Transportation Counsel 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. ate Contr ller By Leslie M. Shenefelt Date /02r0rn 15 °O.;- 36991 EXHIBIT A LOCAL AGENCY PUC APPLICATION (LATE FILED EXHIBIT) AHOOLS )'C.c., ) \ ` r .re:t/p ill x & 2‘a.} , « : I ? \ 5 » . ./ .. . .. �. . . ... \\ : yi . ^ ` • \d§ / > - \ / \ ( lill , � Ni \ \ ~ 41Z-1 1.41 21 11 { y ~ » _m I \ \ I @ ,_ro 1000 ft o_NAvm I �x e- h-----24. / � 0' I 6n6----n iwn,,, I ` sj 0,1— I it rxxa'avct In E-G i i GREAT WESTERN RAILWAY OF COLORADO fr N L/ `— —11'l ti T .— —_—MAIN TRACK— s a I 50'ION. 50'NIN. B' o El- ,recroi95cuunr n I O 3 vL / I O Pi re ai SIGNALS: CONSTRUCTION NOTES: LEGEND: ALL LIGHTS TO BE LED. 1. APPROACHES TO BE BONDED o = 385A TRACK BOX wc...wv 03/07/05 = —e1ttT*Esraw of GATE '1A' 2l' MIN. 100' PAST SHUNTS • = BOLLARDS ® ��•�. GATE 9B' = 21 BELL RCL CONDUIT RUNS: = = PULLBOX 12x24 — RCL wawa 54 1. 'G - 10CX6/7CM10 C = PULLBOX 24x36 046,4 RCL LOVELAND, CO 2. T = 2Cp6 0 GREAT WESTERN RAILWAY OF COLORADO PULLBOX 30848 '^W SIZE LAYOUT 3 NOTE: m 1. ALL BUNGALOW WIRING TO BE #16 UNLESS OTHERWISE NOTED. = SIGNAL FOUNDATION �^' _ s LOVELAND a 21.21 Rot. 849 362K TO — ,0 A4246 it., 1-=20' •m 1 013 y ' I E 3000' 2000' 1000' 0 1000' 2000' 3000' 1 I I I I I I iiiiirflpiiliiiliiil lirjrulliiliiili[ipi llflpIr lIIIIII iii IIIIIiT ITITI.ITIIIIII HnIII,III IIIIIIIIIIIIITHI IiIHIU:inp ]HlIINIFIIIIIIIIIIIIIIIIIIITIgiirpliliiiiIIIpnfliiiiin[WITIginillgliT OITHINipl'Illgil nisi 753 HZ cep n f SS 11 753 HZ 7,3 Hz FOR p 52 RA CR 54 iN 18 CR54 MINIMUM WARNING TIME I .''20 I mm. I 5o MINIMUM 20 SEC. 2 CLEARANCE 0 SEC. CT GATE DELAY 3 SEC. I 3 uwr 23 SEC. cs TOTAL WARNING TIMECC MIN.WARNING 23 SEC. 0 SUPPER s SEC. TWI 20 SE[. pHnl TOTAL APPROACH TIME '""N'R 03/07/05 ®M -O.FAT* E K TOTAL WARNING 20 SEC. S. EQUIP.RESPONSE 10 SEC. NunAP^' RCLDVOUP. 5^ 4 A .PPEIIPngi N/A [tyuuOR RCL CR TAT 30 SEC. airacER RCL LOVELAND, CO .BASED W TRAIN SPEED OF 20 MPH. GREAT WESTERN RAILWAY OF COLORADO - NOTE REFER TO CONSTANT WARNING SET UP SHEET 'a M on LINE PLAN 3' E94 PREFER WARNING TIME CALCULATION. NMSa - u L0VELAND 21.21 849 362K m - a.,A4246 ..„ 1-=400' .' 2 v 13 9 Ili Railroad Controls, LP RCL 7471 Benbrook Parkway PROJECT ESTIMATE Benbrook,TX 76126 Railroad Controls Limited Estimate Number A4246 RCL Job Number Estimate Date 06/06/05 Page 1 Sell To: Great Western RW Colorado Job Description CR 54 in Weld County Attn: Shawn Vecellio State Project Number . PO Box 537 CSJ Number Loveland, CO 80539 DOT Number 849 362K Railroad Mile Post . . . AFE# Project Estimates good for 90 days. Estimator Garth Armstrong Customer ID 1030 Unit Total Item No. Description Unit Qty. Price Price )1-017-004 USS MAST PACKAGE-18'MAST, D BL JCT BOX,2WM FLA(NO LTS) Each 2 1,995.00 3,990.00 )1-070-006 S40 GATE MECH PACKAGE W/MAINT TST SW,ALL HARDWARE,CONDUI Each 2 4,337.55 8,675.10 )1-080-002 RR XING SIGN DIAM. 5"MAST Each 4 129.00 516.00 )1-065-000 LED MODULE,FLASHING LIGHT 12",W/SIDELIGHT,GELCORE Each 8 202.00 1,616.00 )1-074-033 GATE ARM ASSY,24'LESS LIGHTS Each 2 286.50 573.00 )1-072-003 TORQUE WRENCH KIT Each 1 203.00 203.00 )1-073-003 GATE KEEPER, BI-DIRECTIONAL Each 2 1,075.00 2,150.00 )1-076-000 HIGH WIND BRACKET Each 2 49.00 98.00 )1-080-021 MUTCD SIGN KIT W/BUNGALOW MTG Each 1 83.50 83.50 )1-080-033 DECAL,DOT STRIP Each 2 16.00 32.00 )1-082-001 BELL,ELECTRONIC Each 2 165.00 330.00 )1-075-014 GATE LIGHT KIT, LED,W/CORD, R EC 9298-1120 Each 2 160.00 320.00 )1-077-032 LED DIODE KIT,REC Each 2 55.00 110.00 )2-010-000 FOUNDATION GALV.481N 5IN MAST Each 2 513.00 1,026.00 )2-050-001 GUARD RAIL HALF CIRCLE Each 2 1,163.11 2,326.22 )2-070-000 STONE CRUSHED TON 1 1,000.00 1,000.00 )3-000-023 CABIN,6X6,ALUM, RCL-1200, NEW SPEC,P/N 13518 Each 1 7,115.00 7,115.00 )4-000-000 RETAINER CLIP WRAP AROUND Each 10 2.00 20.00 )4-001-008 BONDS, HEAD, 3/16"XS STYLE, SBS24882 (100 BOX) Each 300 3.12 936.00 14-000-031 BONDS,JUMPER,3/16 DIA, 3/4" XS STYLE,36",SBXSJ3336(25/B Each 300 5.58 1,674.00 14-000-003 SLEEVE BOND 3/16 X 3/41N TAB Each 20 0.30 6.00 14-000-004 GRINDING WHEEL 61N X 1IN Each 3 23.99 71.97 12-030-001 PULL BOX 13X24X18 W/COVER Each 3 207.10 621.30 12-020-000 PVC CONDUIT 4IN SCH80 Foot 300 3.11 933.00 12-020-001 PVC CONDUIT 21N SCH80 Foot 100 1.12 112.00 )2-020-002 PVC ELBOW 41N SCH80 Each 14 38.01 532.14 12-020-003 PVC ELBOW 21N SCH80 Each 2 7.70 15.40 12-020-004 PVC COUPLING 41N SCH 80 Each 30 2.06 61.80 12-020-005 PVC COUPLING 2IN SCH80 Each 10 0.53 5.30 12-020-006 PVC REDUCER 41N TO 2IN Each 2 4.57 9.14 12-024-000 PVC CEMENT, 1QT W/BRUSH TOP Each 3 6.50 19.50 '4-001-001 WIRE TRACK 6AWG PVC INSULATED Foot 200 0.71 142.00 '4-020-000 TRACK WIRE 2C 6AWG TWISTED Foot 300 0.98 294.00 2-081-000 CABLE COMPOSITE 10C 6AWG& 7C 10AWG Foot 300 5.40 1,620.00 14-021-000 CABLE PLATE,GALVANIZED Each 3 32.54 97.62 14-011-000 SHUNT PLATE,GALVANIZED Each 2 32.54 65.08 '3-098-019 SCREW LAG HEX HD 1/4X1 ZPS Each 20 1.59 31.80 2-040-000 GROUND ROD 5/BIN X 10FT Each 6 7.42 44.52 2-040-001 GROUND ROD COVER Each 6 24.55 147.30 2-042-002 WIRE GROUND 2AWG BARE COPPER Foot 60 0.41 24.60 '2-041-006 ONE SHOT 5/8 SOL#1,#2 STR#2,#3 TYPE NX Each 12 7.48 89.76 Transferred to page 2 37,738.05 va Railroad Controls, LP RCL 7471 Benbrook Parkway PROJECT ESTIMATE Benbrook,TX 76126 Railroad Controls Limited Estimate Number A4246 RCL Job Number Estimate Date 06/06/05 Page 2 Sell To: Great Western RW Colorado Job Description CR 54 in Weld County Attn: Shawn Vecellio State Project Number . PO Box 537 CSJ Number Loveland, CO 80539 DOT Number 849 362K Railroad Mile Post . . . AFE# Project Estimates good for 90 days. Estimator Garth Armstrong Customer ID 1030 Unit Total Item No. Description Unit Qty. Price Price Transferred from page 1 37,738.05 )1-077-008 DUCTSEAL PER POUND Each 30 2.10 63.00 )1-077-009 TAPE DUCT Each 2 4.60 9.20 31-077-010 TAPE 88 PLASTICE Each 3 3.88 11.64 )1-077-012 SO CORD 10/3 Foot 80 0.62 49.60 33-043-024 GCP3000D2 BASIC MODEL W/KB 2ISL ODX&ORCDR Each 1 17,498.00 17,498.00 )3-052-032 MDA2,MDA-04060100-DTMF-ILAN-P CS60,W/DTMF,W/CELL,W/ANTENN Each 1 4,675.00 4,675.00 )3-052-016 WAGO ASSY FOR NAS RECORDER Each 1 39.44 39.44 )3-052-002 NAS, LOD Each 2 75.00 150.00 )3-029-009 VITAL RELAY DRIVER Each 1 732.00 732.00 )3-029-000 XLC-CROSSING LAMP CONTROLLER W/BASE Each 2 948.00 1,896.00 )3-029-007 VLG 21N-2OUT 3-12 SEC DELAY W/BASE Each 1 601.00 601.00 )3-030-004 MDSA-1A W/TTA3 ARRESTORS Each 1 279.00 279.00 34-002-000 TERMINAL HOUSE 385A Each 2 168.00 336.00 )4-004-003 CGB FOR TRACK WIRE HUBBELL SHC 1017 Each 4 6.71 26.84 )4-010-010 NARROW BAND SHUNT FSS1C/2C 630-686-753-816-881-979HZ Each 2 556.00 1,112.00 )3-077-001 ARRESTER,CLEARVIEW Each 28 12.08 338.24 )3-077-003 ARRESTOR,EQUALIZER,HEAVY DUTY Each 2 15.43 30.86 )3-077-005 ARRESTER, LIGHTNING,SHP120-20, SURGE PROTECTOR Each 2 85.81 171.62 )3-075-070 FILLER PLATE Each 10 5.09 50.90 )3-075-073 EXTRACTOR TOOL,CONTACT Each 1 13.00 13.00 )3-075-074 WRENCH,TEST NUT Each 1 35.37 35.37 13-075-077 TERM,CRIMP TYPE, 10-14 AWG Each 10 3.25 32.50 13-075-078 TERM,CRIMP TYPE, 16-20AWG Each 10 2.58 25.80 13-076-003 RESISTOR,ADJ, 1 OHM, 3.87A Each 4 31.69 126.76 )3-076-012 RESISTOR,ADJ,3 OHM,2.24A (LAMP) Each 2 27.95 55.90 )1-084-004 LIGHT,WHITE INC. (POI) Each 1 19.33 19.33 )1-084-001 LIGHT,AMBER LED(XRI) Each 1 74.50 74.50 100-011 POI CASE Each 1 137.00 137.00 13-081-001 TRANSFORMER, P-8656, 117/10V 8A(POI) Each 1 39.04 39.04 )1-084-005 DIODE, POI Each 1 5.76 5.76 13-083-002 WAGO ASSY,X-FRMR Each 1 17.95 17.95 )3-083-001 WAGO ASSY,POWER ASSY Each 1 38.38 38.38 )3-080-000 TERM BLOCK STRIP DOUBLE ROW W/STRAPS Each 12 18.00 216.00 13-080-005 BLOCK,4-POST,EPP,TERMINAL Each 26 16.17 420.42 13-080-002 TERMINAL BLOCK STRIP,SINGLE R OW Each 4 9.03 36.12 13-080-011 BUSS STRIP,36",F/EPP BLOCK Each 2 25.46 50.92 13-080-003 TERMINAL BLOCK 2 POS 2 3/BIN. Each 4 8.00 32.00 13-080-006 TERMINAL BLOCK,BAKELITE 2-3/8" Each 1 5.55 5.55 13-098-022 TEST LINK, INSULATED,FOR 2POS 2-3/8 TERM BLK Each 2 1.25 2.50 17-040-000 BRKR PANEL ASSY 2EA 30AMP Each 1 120.00 120.00 Transferred to page 3 67,313.19 111 Railroad Controls, LP RCL 7471 Benbrook Parkway PROJECT ESTIMATE Benbrook,TX 76126 Railroad Controls Limited Estimate Number A4246 RCL Job Number Estimate Date 06/06/05 Page 3 Sell To: Great Western RW Colorado Job Description CR 54 in Weld County Attn: Shawn Vecellio State Project Number . PO Box 537 CSJ Number Loveland, CO 80539 DOT Number 849 362K Railroad Mile Post . . . AFE# Project Estimates good for 90 days. Estimator Garth Armstrong Customer ID 1030 Unit Total Item No. Description Unit Qty. Price Price Transferred from page 2 67,313.19 37-011-032 BUSHING SNAP SB-875-11 Each 10 0.04 0.40 33-098-001 BINDING NUT,ACORN 14-24 Each 750 0.14 105.00 33-098-002 CLAMP NUT,HEX CLAMP 14-24 NI PLATED Each 500 0.14 70.00 33-098-003 NUT, INSULATED 1 3/16" Each 26 4.84 125.84 33-098-004 WASHER FLAT, 1/4" Each 600 0.06 36.00 33-098-005 1"CONNECTOR, FLAT,TERM STRAP Each 40 0.39 15.60 33-098-006 121N.CONNECTOR FLAT, STRAP TST LINK Each 6 9.00 54.00 )3-098-007 GOLD TEST14-24 NUT, PLATED OVE R BRASS Each 200 1.00 200.00 )3-098-008 11N.TEST LINK FLAT W/PLATE& INSULATION Each 200 2.00 400.00 )3-095-020 WIRE, HYPALON, 18AWG,VIOLET Foot 80 0.07 5.60 )3-095-021 WIRE,HYPALON, 18AWG,ORANGE Foot 80 0.06 4.80 )3-095-022 WIRE,IBAWG,VIOLET&ORANGE TWIS TED Foot 160 0.15 24.00 )3-095-023 WIRE, HYPALON, 16AWG, BLUE Foot 100 0.11 11.00 )3-095-024 WIRE, HYPALON, 16AWG, YELLOW Foot 100 0.11 11.00 33-095-025 WIRE 16AWG BLUE&YELLOW TWISTED Foot 200 0.23 46.00 33-095-032 WIRE 16AWG RED&BLACK TWISTED Foot 200 0.23 46.00 )3-095-026 WIRE,HYPALON, 10AWG, BLACK Foot 200 0.32 64.00 )3-095-027 WIRE, HYPALON, 10AWG, RED Foot 200 0.24 48.00 )3-095-028 WIRE 10AWG RED&BLACK TWISTED Foot 300 0.70 210.00 )3-095-053 WIRE, HYPALON, 10AWG, GRAY, TWISTED Foot 140 0.55 77.00 )3-095-054 WIRE,HYPALON, 10AWG,BLUE Foot 100 0.25 25.00 )3-095-029 WIRE,HYPALON,6AWG,BLACK Foot 150 0.62 93.00 )3-095-030 WIRE, HYPALON,6AWG, RED Foot 150 0.62 93.00 )3-095-031 WIRE, HYPALON,6AWG,GREEN Foot 100 0.62 62.00 )3-095-012 WIRE CASE 10AWG GRAY HYPALON Foot 300 0.32 96.00 )3-096-000 TERMINAL RING 1/4 18-22AWG Each 50 0.12 6.00 )3-096-001 TERMINAL RING 1/4 14-16AWG Each 120 0.85 102.00 )3-096-002 TERMINAL RING 1/4 10-12AWG Each 200 1.04 208.00 )3-096-004 TERMINAL RING 1/4 6AWG Each 120 0.42 50.40 )3-096-005 TERMINAL RING 3/8 6AWG Each 10 0.45 4.50 )3-096-016 TERMINAL RING#10 FOR 6AWG Each 5 1.46 7.30 )3-096-006 TY-WRAP 11IN Each 500 0.09 45.00 )3-071-010 RECTIFIER ERBC 12/40 W/10'TEMP PROBE: BATTERY CHARGER Each 2 680.00 1,360.00 )3-072-032 BATTERY EXIDE ELM-500 Each 12 260.00 3,120.00 )3-073-007 TERMINAL ASSY, BAT.MULTI CON Each 4 16.75 67.00 )3-071-022 PLUG,TWIST LOCK, NEMA L6-15P 250V, HBL4720C Each 2 13.19 26.38 )3-071-023 RECTIFIER, POWER CORD, SJ014-4 Foot 40 0.48 19.20 )3-097-002 TAGS FIELD INSTALLED 16-10 (100/ROLL) ROLL 1 42.26 42.26 )3-097-003 TAGS FIELD INSTALLED 12-6 (100/ROLL) ROLL 1 62.15 62.15 )3-097-015 SLEEVES,PTS-0.95-750-321, 250/RL ROLL 2 125.01 250.02 Transferred to page 4 74,606.64 111 Railroad Controls, LP RCL 7471 Benbrook Parkway PROJECT ESTIMATE Benbrook,TX 76126 Railroad Controls Limited Estimate Number A4246 RCL Job Number Estimate Date 06/06/05 Page 4 Sell To: Great Western RW Colorado Job Description CR 54 in Weld County Attn: Shawn Vecellio State Project Number . PO Box 537 CSJ Number Loveland, CO 80539 DOT Number 849 362K Railroad Mile Post . . . AFE# Project Estimates good for 90 days. Estimator Garth Armstrong Customer ID 1030 Unit Total Item No. Description Unit Qty. Price Price Transferred from page 3 74,606.64 03-097-017 LABEL, PTL-42-439,50/RL ROLL 0.5 46.50 23.25 33-097-018 RIBBON FOR WIRESHOP PRINTER Each 2 18.96 37.92 03-099-001 LOCK BEST W/1 KEY P/N 41872 SPECIFY KEYING Each 6 31.00 186.00 03-099-003 LOCK BEST W/1KEY 1/4 SHANK 118722 SPECIFY KEYING Each 1 30.24 30.24 J1-095-002 SPRAY PAINT,ALUMINUM/SILVER Each 2 4.41 8.82 01-095-003 PAINT,MARKING,WHITE Each 2 3.23 6.46 31-095-004 FOAM, INSULATING,SPRAY,24OZ CAN Each 3 11.47 34.41 32-061-001 CEMENT PORTLAND 80LB SACK Each 100 1.80 180.00 MISC PIPE Each 1 500.00 500.00 33-002-015 CABIN BOOK Each 1 5 SIGNAL GANG,FOREMAN Hour 100 23.32 2,332.00 4 SIGNAL GANG,SIGNALMAN Hour 240 15.00 3,600.00 405 WIREMAN,SUPERVISOR Hour 20 31.11 622.20 3 SIGNAL GANG,WIREMAN Hour 90 16.00 1,440.00 10 CAD OPERATOR Hour 50 16.25 812.50 11 SIGNAL CHECKER,LEVEL 1 Hour 20 28.05 561.00 12 SIGNAL CHECKER,LEVEL 2 Hour 15 31.11 466.65 14 PROJECT MANAGER Hour 32 39.57 1,266.24 104 PROJECT CONSTRUCTION MGR Hour 30 16.83 504.90 15 MATERIALS MANAGER Hour 20 32.69 653.80 16 WAREHOUSE MANAGER Hour 60 16.50 990.00 17 ACCOUNTING,LEVEL 1 Hour 24 16.83 403.92 21 EMPLOYEE MEALS(PER DIEM) Each 36 30.00 1,080.00 22 EMPLOYEE TRAVEL&LODGING Each 36 60.00 2,160.00 57 MATERIALS CONTAINER Each 1 750.00 750.00 23 TRUCK,PU, 1 TON CREW CAB Hour 80 11.78 942.40 ?4 TRUCK, BOOM,ART,TELESCOPING Hour 80 55.95 4,476.00 ?6 BACKHOE,2WD,95 HP Hour 80 27.70 2,216.00 ?8 TRAILER,UTILITY,4 TIRE Hour 80 7.55 604.00 39 GENERATOR, 2400 WATT,5 HP Hour 80 2.35 188.00 31 GRINDER, RAIL, PORTABLE Hour 80 5.38 430.40 40 FORKLIFT,YALE Hour 12 31.98 383.76 41 EQUIPMENT DELIVERY/PICKUP Lump 1 50.00 50.00 32 BORING 4",SCH 80 PVC Lump 1 2,500.00 2,500.00 33 ELECTRICAL, PLUS PERMITS,#1 Each 1 5,000.00 5,000.00 ra Railroad Controls, LP RCL7471 Benbrook Parkway PROJECT ESTIMATE Benbrook,TX 76126 Railroad Controls Limited Estimate Number A4246 RCL Job Number Estimate Date 06/06/05 Page 5 Sell To: Great Western RW Colorado Job Description CR 54 in Weld County Attn: Shawn Vecellio State Project Number . PO Box 537 CSJ Number Loveland, CO 80539 DOT Number 849 362K Railroad Mile Post . . . AFE# Project Estimates good for 90 days. Estimator Garth Armstrong Customer ID 1030 Unit Total Item No. Description Unit Qty. Price Price SUBTOTAL LABOR 13,653.21 SUBTOTAL EQUIPMENT 10,040.56 SUBTOTAL CONTRACT 7,500.00 SUBTOTAL PER DIEM 3,240.00 SUBTOTAL MATERIALS 75,613.74 G&A BURDEN FOR MATERIAL 31,425.04 G&A BURDEN FOR LABOR 5,674.28 DL BENEFIT AUDITED RATE - 5,326.12 GL LIB.INS.AUDITED RATE 802.81 FREIGHT 6,049.08 CONTINGENCY 0.00 FIXED FEE 15,932.48 SUBTOTAL: 175,257.32 SALES TAX: 0.00 TOTAL: 175,257.32 Ex4,.6,! v STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Safety and Traffic Engineering Branch re I OT 4201 East Arkansas Avenue.El'700 Denver,Colorado 80222 mmnimmommont (303)512-5100 Voice DEww,Me"r w,..wn....iw (3031757-9219 Fax XXXXXXX, 2005 XXXXXXXX Manager, Industry and Public Projects XXXXX Railroad XXXXXX Avenue Denver, CO 80221 RE: Preliminary Engineering Authorizations Dear Mr. XXXXXXX: This letter is the State' s authorization to the XXX to perform the preliminary engineering services required for CDOT railroad- highway crossing projects : XxxXXxx XXXXXX XXXXXXXXXXX Subject to the following conditions : a. The authorization is for the maximum amount of $6, 136 . 00 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 Bayne Hutchinson at 303-757-9268 . Sincerely, Gabriela C . Vidal, P.E. Branch Manager cc : File Page 2 of 2 ExAi 'f E STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Safety and Traffic Engineering Branch re /OT 4201 East Arkansas Avenue.EP 700 Denver,Colorado 80222 (303)512-5100 Voice K (303)757-9219 Fax September 6, 2005 J. Chris Dodge, P.E . Vice President, Engineering OmniTRAX, Inc . 50 South Steele St. Suite 250 Denver, CO 80209-2805 RE: Material Purchase Authorization - Weld County Rd. 54; SRP C030-026 , 13780; NIC No . 849-362K Dear Mr . Dodge: This letter authorizes the Great Western Railway of Colorado to order the materials required for a Section 130 railroad-highway crossing project : SRP C030-026, 13780 , Weld County Road 54 e/o WCR 15 ,Weld County, Colorado; National Inventory Crossing No . 849-362K. GWRR milepost 21 . 21 . Subject to the following conditions : a. The authorization is for the maximum amount of $75, 613 . 74 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 . 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. Page 1 of 2 Colorado Department of Transportation Transportation Safety and Traffic Engineering Branch 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 . Sincerely, gGabriela C . Vidal , P.E. Branch Manager cc : Mike Frederick, Reg. 4 Bryan Schafer, BO Reg. 4 President, Great Western RR Scott Booker, RCL File Page 2 of 2 =xti,d, f F SAMPLE FUNDING LETTER Exhibit Date: State Fiscal Year: TO: (contractor's name here) SUBJECT: Funding Letter No. In accordance with Paragraph of contract routing number , between the State of Colorado Department of or Higher Ed Institution (agency name) (division) and (contractor's name) covering the period of (contract start date) through (contract end date), the undersigned commits the following funds to the contract: The amount of funds available and specified in Paragraph is (increased/decreased) by (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 6 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 notdiuuted 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 the 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 or 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. Hello