HomeMy WebLinkAbout20031385.tiff RESOLUTION
RE: APPROVE CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING
WARNING DEVICES AT WELD COUNTY ROAD 13 UNDER FEDERAL SECTION 130
PROGRAM AND AUTHORIZE CHAIR TO SIGN - GREAT WESTERN RAILWAY OF
COLORADO, LLC
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 at Weld County Road 13 under the Federal Section 130 Program
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Great Western
Railway of Colorado, LLC, and the Colorado Department of Transportation, with terms and
conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Contract for Upgrading Highway/Railroad Grade Crossing Warning
Devices at Weld County Road 13 under the Federal Section 130 Program between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, and Great Western Railway of Colorado, LLC, and the
Colorado Department of Transportation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
\ 2003-1385
e(/,' tea) (yam EG0047
CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING
DEVICES AT WELD COUNTY ROAD 13 UNDER FEDERAL SECTION 130 PROGRAM
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE COUN , COL RADO
ATTEST:
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Weld County Clerk to th o- ♦`
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CeY
3 ♦l Robert . M den, Pro-Tem
Deputy Clerk to the Board : -
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Willia
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ounty Attorney l/a
Glenn Vaad
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Date of signature:
2003-1385
EG0047
SRP C030-025, 13770
County Road 13,Weld County
NIC No. 849-344M
CONTRACT
FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES
UNDER FEDERAL SECTION 130 PROGRAM
THIS CONTRACT, made this I 1 day of ...VA"L- , 2003,by and between the STATE OF
COLORADO for the use and benefit of the COLORADO DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the State, and WELD COUNTY, COLORADO
hereinafter referred to as Local Agency, and the GREAT WESTERN RAILWAY OF
COLORADO, LLC, hereinafter referred to as GWRR or the Railroad Company or 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,
Program 2000, Originating Unit 9991, Reporting Category 4280, Phase C, Contract
Encumbrance Number 13770, Contract Encumbrance Amount $163,935.95; 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 Section 130 Program.
WHEREAS, projects selected under the Section 130 Program are eligible for funding at
the rate of 100% Federal-aid funds, provided the project costs are incurred in accordance with the
conditions set forth herein, all without cost to the State and the Railroad Company, it being
understood that such ratio applies only to such costs as are eligible for Federal participation; 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
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3. 13&5
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 Company 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 GWRR's cost estimate 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 C030-025, 13770,by submittal to the State of a completed 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 the installation of flashing light signals, gates, and constant warning devices, as
more specifically described on CDOT Form No. 463; and
WHEREAS, the proposed improvements provided for herein are located on County Road
13,Weld County, Colorado and the GWRR tracks, National Inventory Crossing No. 849-344M,
Railroad Company milepost 12.63; and
WHEREAS, the Local Agency is responsible for complying with all terms and conditions
of this contact for project SRP C030-025, 13770; and
WHEREAS, the Railroad Company has agreed to be responsible for the installation and
operation of the crossing warning devices installed hereunder; and
WHEREAS, the Railroad Company 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
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WHEREAS, it is in the public interest that the Railroad Work be performed by the
GWRR'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 ofTransportation 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. SRP C030-025, 13770, 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 GWRR forces and shall include
the following:
Furnish and install flashing light signals, gates, and constant warning devices.
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 and Signal Plan
Exhibit D - Preliminary Engineering Authorization Letter
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(as applicable)
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
C030-025, 13770, consists generally of installing highway/railroad grade crossing improvements
consisting of installation of crossing gates, lights, and constant warning devices located on
County Road 13, Weld County, Colorado and the GWRR tracks, National Inventory Crossing
No. 849-344M, railroad milepost 12.63, 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.
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, preparation of CDOT Form No. 463, attending pre-design meetings,
obtaining FHWA approvals and preparation of this contract. In the event Federal-aid funds are
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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.
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 Company'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 acceptable as a basis for reimbursing the
Railroad Company for Eligible Charges. The Local Agency shall also provide the State 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 Company 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 Company. 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
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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 Company'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 Projects Manager and the State's Railroad Coordinator that
the work has been accomplished. The Region 4 Civil Projects Manager will approve the bill for
payment by the State to the Railroad Company.
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.
ARTICLE III
COMMITMENTS ON THE PART OF THE RAILROAD COMPANY
SECTION A. CROSSING AT GRADE
1. Warning Devices. The GWRR agrees to accomplish by force account all the Railroad
Work defined in Article I, Section A, as provided hereunder, provided that the Railroad
Company 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 Company shall be solely responsible for
all costs incurred for such work.
2. Plans and Force Account Estimate. Prior to execution of this contract, the GWRR
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
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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 Company 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 GWRR shall notify the Local
Agency and the State at least ten (10) 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 Company shall also furnish the Local Agency and the State a copy of the completion
notice the Railroad Company furnishes to the PUC.
SECTION C. RAILROAD COMPANY'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 Company 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 C030-025, 13770. 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
COMPANY 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 Company with written notice of the completion of the work, thus marking
the beginning of the one-year period. If the Railroad Company 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 Company 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 Company's billings for incurred
costs for the Railroad Work shall be audited by the State for compliance with 23 CFR, Part 140,
Subpart 1.
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SECTION D. CIVIL RIGHTS
The GWRR, 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 Civil Projects Manager, Region 4, shall issue written
Notice to Proceed for the various work functions as may be required. The State's issuance of
authorization to proceed with the Railroad Work shall be contingent upon the PUC approval.
Any work function performed by the Local Agency for the Railroad Company 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. At the request of the
Local Agency, the State may provide other assistance as agreed to in writing. The Local Agency
shall reimburse the State the actual costs incurred by the State in performing such assistance.
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ARTICLE V
ADDITIONAL PROVISIONS
SECTION A. FINANCIAL PROVISIONS
The total encumbrance for project number SRP C030-025, 13770, is $168,935.95;
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, 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. 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. 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:
Wayne Howard, P.E.
Project Manager
Weld County Public Works
P. O. Box 758
Greeley, CO 80632
Phone: 970-356-4000
2. To Railroad Company
Acting President
Great Western Railway of Colorado, LLC
P.O. Box 537
Loveland, CO 80539
phone: 970-667-6883 fax: 970-667-1444
3. To State:
Karla Harding
Regional Transportation Director, Region 4
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Colorado Department of Transportation
1420 2nd Street
Greeley, CO 80631
phone: 970-350-2101; fax: 970-350-2177
Michael Frederick
Civil Projects Manager
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
SECTION C. MAINTENANCE
1. Local Agency. Upon completion of this project the Local Agency shall maintain the
roadway approaches of County Road 13 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 Company's facilities.
2. Railroad Company. Upon completion of this project the Railroad Company 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
Company shall be free to apply for such funds. The Railroad Company shall not be responsible
for maintaining the roadway approaches.
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SECTION D. NO BENEFITS TO THE RAILROAD COMPANY
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
GWRR and, consequently, liability for the cost thereof shall not be required of the GWRR.
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
GWRR, and this contract shall thereupon become null and void. In the event of any such
cancellation, the State shall reimburse the GWRR for all related preliminary engineering costs
incurred by the GWRR 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 GWRR under a separate agreement for relocation between the
State, Local Agency, and the GWRR, 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
company changes said devices are removed, relocated or replaced, the entire cost thereof shall be
borne by the GWRR.
SECTION G. TERM
The covenants 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 GWRR is, by
law or otherwise, relieved of such responsibility.
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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 GWRR 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 GWRR and to bind the GWRR 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
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.
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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.
Indemnity:The contractor shall indemnify,save,and hold harmless the State 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.
No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of
the immunities,rights,benefits,protection,or other provisions for the parties,of the Colorado Governmental Immunity
Act,section 24-10-101 et seq.C.R,S.,or the the Federal Tort Claims Act 28 U.S.C.2671 et seq.as applicable,as now or
hereafter amended.
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 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 the 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)and 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 do 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 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 judgement as certified by the controller.
8. 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 of property described herein.
13
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
STATE OF COLORADO GREAT WESTERN RAILWAY
BILL OWENS, OF COLORADO, L.L.C
GOVERNOR
By Cn 5•-i cCcA o.. B'V ' t9. C� —r---i
-�rThom'a� E. Norton Title fl iA-14Cr'=R l-�/J
Executive Director n
Attest
Federal Employer Identification
84-1277004
P.O. Box 537
Loveland, CO
WELD COUNTY, COLORADO
IF.a
Attest !.�1a.•�.. l � L�..�..'�.�d �`` By -
Clerk to the : 7 r. dt• W
,, _ , r1:. Fan .,
By: 7 Pty / '�,Y5. " Title David E. Lon , Ch&
Deputy Clerk to '���:.a 1 (06/02/2003)
°tt6 t ce- P.O. Box 758
l Greeley, CO 80632
APPROVED:
KEN SALAZAR
Attorney Genera�
B
General/
Tracy Kinsella
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.
AR UR L. BARNHAR��
S tr l l
By
eor cCullar, CDOT Controller
Date -,U-n£- 19 )033
14
aDa3-13g5
•
Ekh,'4,/ A
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
Docket No.03A-118R
IN THE MATTER OF THE APPLICATION OF WELD COUNTY, BY AND THROUGH ITS
COUNSEL, TO CONSTRUCT CROSSING SIGNALS AND GATES AT THE EXISTING
GRADE CROSSING OF WELD COUNTY ROAD 13 AND THE GREAT WESTERN
RAILWAY CO.,DOT NO 849-344M, 0.5 MILES NORTH OF WCR 38 IN WELD COUNTY
STATE OF COLORADO
NOTICE OF APPLICATION FILED
TO THE PARTIES IN THIS MATTER AND ALL INTERESTED PERSONS, FIRMS OR
CORPORATIONS:
You are notified-that this application has been filed with the Colorado Public Utilities
Commission, and any person desiring to intervene in or participate as a party in this proceeding
shall file his petition for leave to intervene, or under the Commission's Rules of Practice and
Procedure, file other appropriate pleadings to become a party,within 30 days after the date of this
notice.
At the time of this notice, the Commission has not deemed this application to be complete
within the meaning of§ 40-6-109.5, C.R.S.
The Commission may consider and decide this application upon the record without a
formal public hearing if the application is deemed complete and no notice of intervention or
petition to intervene contesting or opposing the application has been timely filed.
If a hearing is required in this matter, the Commission will notify the parties of the
hearing date, time and location. Applicants must appear at the hearing, if one is set, and present
evidence in support of their application. Other parties may appear and present evidence in
support of their position.
Unless previously filed, the applicant shall file its list of witnesses and copies of its
exhibits not later than 10 days after the application is deemed complete. The applicant shall also
serve each party and staff with its list of witnesses and copies of each of its exhibits.
Each intervenor shall file with the Commission a list of witnesses and copies of its
exhibits at least 15 days before the first day of the hearing. Each intervenor shall also serve each
party and staff with a list of its witnesses and copies of each of its exhibits.
Upon objection by a party, no witness will be permitted to testify and no exhibit will be
received in evidence, except in rebuttal,unless filed and served as provided in this notice.
If a party does not meet the requirements of this notice, the Commission may dismiss the
application or intervention upon motion filed by any other party, or upon the Commission's own
motion, unless good cause is shown.
No motion for continuance of any hearing set in this proceeding will be granted except as
stated in Rule 69 of the Commission's Rules of Practice and Procedure.
Dated at Denver, Colorado, this 26th day of March, 2003
(S E A L) THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
Of,�'�Coke
�
OF
BRUCE N. SMITH, Director
N O Colorado Public Utilities Commission
1580 Logan, OL2,
43' �' Denver, Colorado 80203
or,
?LITS S c,O4
ATTEST:A TRUE COPY
Bruce N. Smith
Director
2
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E 4/61/
Railroad Controls Limned Comprehensive Signal&Communication Services
January 22, 2003
Mr. Wayne Howard, P.E.
Project Manager
Weld County Public Works
P.O. Box 758
Greeley, CO 80632
RE: Install Active Warning Devices
WCR 13 & Great Western Railway
DOT No.: 849 344M LAYOUT & ESTIMATE
Dear Mr. Howard:
On behalf of Great Western Railway of Colorado, we have enclosed a layout and
detailed estimate for installation of active warning devices at the subject location.
The project design provides for two (2) gate assemblies with LED flashing lights
and constant warning circuitry. The estimated cost to design and install the
active warning devices at this location is $163,935.95.
We will not proceed with ordering of any materials until we have received written
authority to do so. Once approval is received, it will take approximately 120 days
before construction can begin.
If you have any questions, please give me a call at (817) 820-6307.
Sincerely,
Railroad Controls Limited
Scott C. Booker, P.E.
Project Engineer
SCB
Enclosures
cc: Dave Lafferty, GWR— layout & estimate
Jack Baier, PUC — layout & estimate
Hayne Hutchinson, CDOT— layout & estimate
RCL Accounting —estimate
RCL File A1759
7471 Benbrook Parkway•Benbrook,TX 76126 • 817-820-6300 •Fax 817-820-6340
RCLRailroad Controls, LP
7471 Benbrook Parkway PROJECT ESTIMATE
Benbrook,TX 76126
Railroad Controls Lim1ed Estimate Number A1759
RCL Job Number
Estimate Date 01/22/03
Sell Page 1
To: Great Western RW Colorado Job Description CR 13 in Weld, CO
Attn: Dave Lafferty State Project Number .
PO Box 537 CSJ Number
Loveland, CO 80539 DOT Number 849 344M
Railroad Mile Post 12.63
Estimator Garth Armstrong
Project Estimates good for 90 days. Customer ID 1030
Item No. Description Unit Total
Unit Qty. Price Price
D1-020-011 S40 LED 32'2WM,W/HTR
03-079-000 THERMOSTAT ADJ GATE HEATER Each 2 7,700.00 15,400.00
D1-072-003 TORQUE WRENCH KIT Each 1 51.33 51.33
01-073-002 GATE SAVER Each 1 179.00 179.00
01-076-000 HIGH WIND BRACKET Each 2 1,260.00 2,560.00
01-080-021 MUTCD SIGN KIT W/BUNGALOW MOUN TING Each 2 49.00 79.70
31-082-001 BELL,ELECTRONIC Each 1 79.70 79.70
01-078-000 SJ CORD 16/3 GATE LIGHT WIRING Each 2 165.00 312.60
)1-075-001 LIGHT,GATE,LED Foot 60 0.21 12.60
)1-077-000 DIODE,TIP LIGHT STEERING Each 6 49.00 136.00
12-010-000 FOUNDATION GALV.48IN 51N MAST Each 2 68.00 136.00
)2-070-000 STONE CRUSHED 15 YD Each 2 375.00 750.00
)3-000-023 CABIN,6X6,ALUM,RCL-1200,NE W SPEC, P/N 13518 Each 1 657.58 657.58
)4-000-000 RETAINER CLIP WRAP AROUND Each 1 7,115.00 7,115.00
)4-000-001 BONDS 3/161N X 3/41N TAB Each 8 1.85 14.80
)4-000-003 SLEEVE BOND 3/16 X 3/41N TAB Each 300 2.70 810.00
14-000-004 GRINDING WHEEL 61N X 1IN Each 8 0.26 2.08
)2-030-001 PULL BOX 13X24X18 W/COVER Each 1 23.99 23.99
12-020-000 PVC CONDUIT 4IN SCH80 Each 3 197.80 593.40
)2-020-001 PVC CONDUIT 21N SCH80 Foot 300 3.40 1,020.00
12-020-002 PVC ELBOW 4IN SCH80 Foot 100 1.30 130.00
)2-020-003 PVC ELBOW 21N SCH80 Each 14 25.75 360.50
)2-020-004 PVC COUPLING 41N SCH 80 Each 2 6.90 13.80
)2-020-005 PVC COUPLING 2IN SCH80 Each 30 1.73 51.90
)2-020-006 PVC REDUCER 41N TO 21N Each 10 0.54 5.40
)2-024-000 PVC CEMENT Each 2 4.22 8.44
)4-001-001 WIRE TRACK 6AWG PVC INSULATED Each 3 4.53 13.59
34-020-000 WIRE TRACK 2C 6AWG TWISTED Foot 200 0.71 142.00
)2-081-000 CABLE COMPOSITE 10C 6AWG& 7C 10AWG Foot 300 0.95 285.00
34-021-000 CABLE PLATE Foot 300 4.65 1,395.00
14-011-000 SHUNT PLATE Each 3 32.54 97.62
)2-040-000 GROUND ROD 5/81N X 10FT Each 2 32.54 65.08
12-040-001 GROUND ROD COVER Each 6 8.36 50.16
)2-042-002 WIRE GROUND 2AWG BARE COPPER Each 6 37.41 224.46
12-041-001 ONE SHOT 5/8-3#2 Foot 60 0.41 24.60
)1-077-008 DUCTSEAL PER POUND Each 12 6.86 82.32
)1-077-009 TAPE DUCT Each 30 1.49 44.70
11-077-010 TAPE 88 PLASTICE Each 2 3.94 7.88
)1-077-012 SO CORD 10/3 Each 3 2.98 8.94
)3-043-024 GCP3000D2 BASIC MODEL W/KB 2ISL 0DX&0RCDR Foot 80 0.61 48.80
)3-052-022 NAS,UDA RECORDER,CELL&DTMF Each 1 16,655.00 16,655.00
Each 1 7,400.00 7,400.00
Transferred to page 2
57,242.67
•
jfl Railroad Controls, LP
7471 Benbrook Parkway PROJECT ESTIMATE
Benbrook,TX 76126
Railroad Controls Lulled Estimate Number
A1759
RCL Job Number
Estimate Date 01/22/03
Sell Page 2
To: Great Western RW Colorado Job Description
Attn: Dave Lafferty p CR 13 in Weld, CO
PO Box 537 State Project Number .
CSJ Number
Loveland, CO 80539
DOT Number 849 344M
Railroad Mile Post 12.63
Estimator Garth Armstrong
Project Estimates good for 90 days. Customer ID 1030
Item No. Description Unit Total
Unit Qty. Price Price
Transferred from page 1
33-052-016 WAGO ASSY FOR NAS RECORDER 57,242.67
33-052-002 NAS,LOD Each 1 37.79 37.79
33-029-009 VITAL RELAY DRIVER Each 4 85.00 0
.00
)3-029-000 XLC-CROSSING LAMP CONTROLLER W/BASE Each 1 683.00 683.00
33-029-007 VLG 21N-20UT 3-12 SEC DELAY W/BASE Each 2 916.00 1,832.00
)3-030-004 MDSA-1A Wm-A3 ARRESTORS Each 1 581.00 581.00
)4-002-000 TERMINAL HOUSE 385A Each 1 260.00 260.00
)4 004 001 CGB FOR TRACK WIRE#6625 HUBBELL SHC1018 Each 2 157.00 314.00
M-010-010 NARROW BAND SHUNT FSS1C/2C 630-686-753-816-881-979HZ Each 4 4.25 17.00
33-077-008 SHUNT ARRESTER TERMINAL BLOCK Each 2 519.00 1,038.00
34-010-021 SHUNT CASE,24X40X12 W/FOUND. &4"RISER PIPE Each 2 3.96 7.92
)3-077-001 ARRESTER,CLEARVIEW Each 2 680.00 1,360.00
)3-077-003 EQUALIZER,HEAVY DUTY Each 28 12.63 353.64
)3-077-005 ARRESTER,LIGHTNING,SHP120-20 Each 2 14.98 29.96
)3-075-070 FILLER PLATE KIT Each 2 85.81 171.62
13-075-073 EXTRACTOR TOOL,CONTACT Each 10 6.34 63.40
)3-075-074 WRENCH,TEST NUT Each 1 12.38 12.38
13-075-077 TERM,CRIMP TYPE, 10-14 AWG Each 1 32.08 32.08
13-076-012 RESISTOR,ADJ,3 OHM,2.24A (LAMP) Each 4 3.02 12.08
11-084-004 LIGHT,WHITE INC.(POI) Each 11 27.95 307.45
11-084-001 LIGHT,AMBER LED(XRI) Each 1 19.33 19.33
11-084-002 LIGHT, RED LED(OSI) Each 1 74.50 74.50
00-011 POI CASE Each 1 49.00 49.00
3-081-001 XFMR FOR POI STANCOR Each 1 137.00 137,00
i1-084-005 DIODE FOR POI,OSI,XRI LIGHTS Each 1 39.04 139.04
0 30
3-081-004 TRANSFORMER MAGNETEK N66A 250V Each 2 5.15 10.30
3-083-001 WAGO ASSY, POWER ASSY Each 1 56.32 56.32
'3-083-002 WAGO ASSY,X-FRMR Each 1 38.11 38.11
'3-080-000 TERM BLOCK DOUBLE ROW W/STRAPS Each 1 17.69 17.69
'3-080-005 BLOCK,4-POST, EPP,TERMINAL Each 20 10.89 217.80
'3-080-002 TERMINAL BLOCK SINGLE ROW Each 26 18.84 489.84
3-080-011 BUSS STRIP, 36", F/EPP BLOCK Each 2 8.72 17.44
3-080-003 TERMINAL BLOCK 2 POS 2 3/8IN. Each 2 23.41 46.82
3-080-006 TERMINAL BLOCK, BAKELITE 2- Each 6 4.73 28.38
3/8" Each
3-098-022 TEST LINK, INSULATED,FOR 2POS 2-3/8 TERM BLK 1 523 5.23
7-040-000 BRKR PANEL ASSY 2EA 30AMP Each 1 1.21 1.21
3-098-001 BINDING NUT Each 1 173.00 173.00
3-098-002 CLAMP NUT Each 1,000 0.14 140.00
3-098-003 NUT, INSULATED 1 3/16" Each 600 0.14 84.00
3-098-004 WASHER FLAT Each 16 4.84 477.44
8.00
Transferred to page 3 Each 800 o.os e.00
66,466.44
• RCLRailroad Controls, LP
7471 Benbrook Parkway PROJECT ESTIMATE
Benbrook,TX 76126
Railroad Controls Limited Estimate Number A1759
RCL Job Number
Estimate Date 01/22/03
Sell Page 3
To: Great Western RW Colorado Job Description CR 13 in Weld, CO
Attn: Dave Lafferty State Project Number .
PO Box 537 CSJ Number
Loveland, CO 80539 DOT Number 849 344M
Railroad Mile Post 12.63
Estimator Garth Armstrong
Project Estimates good for 90 days. Customer ID 1030
Item No. Description Unit Total
Unit Qty. Price Price
Transferred from page 2 66,466.44
03-098-005 11N.CONNECTOR FLAT Each 200 0.39 78.00
03-098-006 121N.CONNECTOR FLAT Each 6
03-098-007 GOLD TEST NUT 8.05 48.30
Each 200 1.00 200.00
03-098-008 11N.TEST LINK FLAT Each 200 1.20 240.00
03-095-020 WIRE,HYPALON, 18AWG,VIOLET
80
03-095-021 WIRE,HYPALON, 18AWG,ORANGE Foot so 0.06 4.80
03-095-022 WIRE,HYPALON, 18AWG,VIOLET& ORANGE TWISTED Foot 60 0. 4.80
Foot 160 0.15 24.00
03-095-023 WIRE,HYPALON, 16AWG, BLUE Foot 100 0.10 10.00
03-095-024 WIRE,HYPALON, 16AWG,YELLOW
03-095-025 WIRE,HYPALON, 16AWG, BLUE& YELLOW TWISTED Foot 200 0.10 4000
Foot 200 0.24 2 03-095-032 WIRE,HYPALON, 16AWG,RED& BLACK TWISTED3.00
03-095-026 WIRE,HYPALON, 10AWG, BLACK Foot 100 0 23 23 00
Foot 200 0.23 46.00
03-095-027 WIRE,HYPALON, 10AWG,RED Foot 200 0.24 48.00
03-095-028 WIRE,HYPALON, 10AWG, RED& BLACK TWISTED
03-095-053 WIRE,HYPALON, 10AWG,GRAY, TWISTED Foot 400 0.61 244.00
Foot 140 0.55 77.00 03-095-054 WIRE,HYPALON, 10AWG, BLUE Foot 100
03-095-029 WIRE,HYPALON,6AWG,BLACK 0.29 29 29.0000
03-095-030 WIRE,HYPALON,6AWG,RED Foot 200 0.62 124.00
03-095-031 WIRE,HYPALON,6AWG,GREEN Foot 200 0.62 124.00
03-095-012 WIRE CASE 10AWG GRAY HYPALON Foot 100 0.62 62.00
03-096-000 TERMINAL RING 1/4 18-22AWG Foot 300 0.32 96.00
03-096-001 TERMINAL RING 1/4 14-16AWG Each 50 0.11 5.50
03-096-002 TERMINAL RING 1/4 10-12AWG Each 200 0.14 28.00
03-096-004 TERMINAL RING 1/4 6AWG Each 200 0.16 32.00
03-096-005 TERMINAL RING 3/8 6AWG Each 150 0.30 45.00
03-096-006 TY-WRAP 111N Each 50 0.45 22.50
Each 500 0.09 45.00
03-071-010 RECTIFIER ERBC 12/40 W/10FT.
03-072-032 BATTERY EXIDE ELM-500 Each 2 680.00 1,360.00
03-073-007 TERMINAL ASSY,BAT. MULTI CON Each 12 260.00 3,120.00
03-071-022 PLUG,RECEPTACLE,TWIST LOCK, HUBBELL 4720C Each 4 18.60 74.40
03-071-023 RECTIFIER,POWER CORD,SJ014-4 Each 2 15.72 31.44
03-097-000 TAGS FOR BACKBOARD RIGHT Foot 40 0.36 14.40
03-097-001 TAGS FOR BACKBOARD LEFT Each 150 0.33 49.50
03-097-002 TAGS FIELD INSTALLED 16-10 Each 100 0.33 33.00
03-097-003 TAGS FIELD INSTALLED 12-6 Each 1 58.95 58.95
03-097-011 TAGS, BRADY, .50W X.90H,NON SHRINK,WIRE AWG.160-.250,CP Each 1 58.95 58.95Each
Each 150 0.
03-097-012 TAGS,BRADY, .667W X.90H,HEAT SHRINK,WIRE AWG.290-.335, Each 50 0.229 22.50
03-097-004 PRINTER RIBS.CRITCHLEY TAGS 9 14.50
03-099-001 LOCK BEST W/1 KEY P/N 41B72 SPECIFY KEYING Each 1 30.00 30.00
02-062-000 BOLLARD 41N Each 7 30.05 210.35
Each 4 28.38 113.52
Transferred to page 4
73,376.85
Railroad Controls,a LP
7471 Benbrook Parkway PROJECT ESTIMATE
Benbrook,TX 76126
Raibroad Controls Limited Estimate Number A1759
RCL Job Number
Estimate Date 01/22/03
Sell Page 4
To: Great Western RW Colorado Job Description CR 13 in Weld, CO
Attn: Dave Lafferty State Project Number .
PO Box 537 CSJ Number
Loveland, CO 80539 DOT Number 849 344M
Railroad Mile Post 12.63
Estimator Garth Armstrong
Project Estimates good for 90 days. Customer ID 1030
Item No. Description Unit Total
Unit Qty. Price Price
Transferred from page 3
01-095-002 SPRAY PAINT,ALUMINUM/SILVER 73,376.85
01-095-003 PAINT,MARKING,WHITE Each 2 4.30 6.60
01-095-004 SPRAY FOAM Each 2 3,15 6 30
6 SIGNAL GANG,FOREMAN Each 3 4.19 12.57
7 SIGNAL GANG,ASST FOREMAN Hour 100 23.32 2,332.00
8 SIGNAL GANG,SIGNALMAN Hour 20 19.00 380.00
9 SIGNAL GANG,WIREMAN Hour 240 15.00 3,600.00
10 CAD OPERATOR Hour 90 15.50 1,395.00
11 SIGNAL CHECKER,LEVEL 1 Hour 40 14.50 580.00
12 SIGNAL CHECKER,LEVEL 2 Hour 15 20.41 306.15
14 PROJECT MANAGER Hour 10 25.58 255.80
15 MATERIALS MANAGER Hour 32 38.46 1,230.72
16 WAREHOUSE MANAGER Hour 8 25.48 203.84
17 ACCOUNTING, LEVEL 1 Hour 6 12.72 76.32
18 ACCOUNTING, LEVEL 2 Hour 10 13.46 134.60
21 EMPLOYEE MEALS(PER DIEM) Hour 10 21.15 211.50
22 EMPLOYEE TRAVEL&LODGING Each 36 30.00 1,080.00
23 TRUCK,PU, 1 TON CREW CAB Each 36 60.00 2,160.00
24 TRUCK,BOOM,ART,TELESCOPING Hour 80 11.60 928.00
26 BACKHOE,2WD,95 HP Hour 80 55.40 4,432.00
28 TRAILER,UTILITY,4 TIRE Hour 80 29.55 2,364.00
39 GENERATOR,2400 WATT,5 HP Hour 80 7.53 602.40
31 GRINDER, RAIL,PORTABLE Hour s80
o 2.00 160.00
30 FORKLIFT, YALE Hour 80 4.63 370.40
31 EQUIPMENT DELIVERY/PICKUP Hour 6 31.85 191.10
32 BORING 4",SCH 80 PVC, PER FT Lump 1 50.00 50.00
33 ELECTRICAL,PLUS PERMITS,#1 Foot 100 25.00 2,500.00
36 INSULATED JOINT INSTALLATION Each 1 1,000.00 1,000.00
395 SWITCH INSULATION INSTALLATION Each 3 1,000.00 3,000.00
Each 1 450.00 450.00
RCLRailroad Controls, LP
7471 a Benbrook Parkway PROJECT ESTIMATE
Benbrook,TX 76126
Railroad Controls Limited Estimate Number A1759
RCL Job Number
Estimate Date 01/22/03
Sell Page 5
To: Great Western RW Colorado Job Description CR 13 in Weld, CO
Attn: Dave Lafferty State Project Number .
PO Box 537 CSJ Number
Loveland, CO 80539 DOT Number 849 344M
Railroad Mile Post . . . 12.63
Estimator Garth Armstrong
Project Estimates good for 90 days. Customer ID 1030
Unit Total
Item No. Description
Unit Qty. Price Price
SUBTOTAL LABOR
SUBTOTAL EQUIPMENT 10,706.93
SUBTOTAL CONTRACT 9,097.90
SUBTOTAL PER DIEM 6,950.00
SUBTOTAL MATERIALS 3,240.00
73,404.32
GM BURDEN FOR MATERIAL
GM BURDEN FOR LABOR 30,506.84
DL BENEFIT AUDITED RATE 4,449.40
GL LIB.INS.AUDITED RATE 4,176.39
FREIGHT 629.51
FIXED FEE 5,872.40
14,903.26
SUBTOTAL: 163,935.95
SALES TAX: 0.00
TOTAL: 163,935.96
01 IJ
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^'A SITE LAYOUT
•_ - v N/A r 1263 .T., 849 344M EE
— ram, A1759 .,.,. T':20' RAn 1 n 1
Ex%;d;f 02
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Safety and Traffic Englneedng Branch ,
4201 East Arkansas Avenue.EP 700 'C OT
Denver,Colorado 80222
303)512.5100 Volce
303)757.9219 Fax — -- -
XXXX X, 200X
XXXXXXXXXXXX_X_X
XXXX Railroad
XXXXXXXXXXXXXX
RE: Preliminary Engineering Authorization - SRP XXXX-XXX, XXXXX -
NIC XXX-XXXX
Dear XXXX:
This letter is the State' s authorization to the XXRR to perform
the preliminary engineering services required for CDOT railroad-
highway crossing project: SRP XXXXXXX, XXXXX, XXXX Road, City of
XXXXX, XXXXX County, Colorado; inventory crossing no. XXX-XXXX at
XXRR milepost XXXX. Subject to the following conditions :
a. The authorization is for the maximum amount of $0, 000 . 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.
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.
Colorado Department of Transportation Transportation Safety and Traffic Engineering Branch
XXX X, 200X
Page 2 SRP XXXX-XXX, XXXXX
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,
John M. Unbewust
Chief Engineer
cc: XXXX
XXXX
XXXX
Darrell Johnson, OFMB
Bruce Johnson
File
Exli6i ' E
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Safety and Traffic Enggineerin Branch
4201 East Arkansas Avenue.EP 700 Mir O?.
Denver,Colorado 80222 C
303)5125100 Volce
303)757.9219 Fax .,
March 6, 2003
Dave Lafferty
President
Great Western Railway of Colorado
P.O. Box 537
Loveland, CO 80539
RE: Material Authorization - SRP C030-025, 13770 - Weld County
Road 13 , Weld County, Colorado - NIC No . 849-344M
Dear Mr . Lafferty:
This letter authorizes the Great Western Railway to order the
materials required for a Section 130 railroad-highway crossing
project : SRP C030-025, 13770, County Road 13 , Weld County,
Colorado; national inventory crossing no . 849-344M. RR milepost
12 . 63 . Subject to the following conditions :
a. The authorization is for the maximum amount of
$73 , 404 .32 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
March 6, 2003
SRP C030-025, 13770
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, f ,COavong7Thomas �Norton
Executive Director
cc : Scott Booker, P.E. Railroad Controls
Michael Frederick, CPM Reg. 4
Julie Powers, BO Reg. 4
Darrell Johnson, OFMB
File
Page 2 of 2
trhitt 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) (di ision) 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 le and amount of change)funds o avnewbtotal funds available of in Paragraph) to satisis fy orders(increased/decreased)
theecontract.
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 FFIWA 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
A-rnaytletermiue to be appropriate;includnig but not linuted 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.
ricea
MEMORANDUM_
WI I pC TO: Clerk to the Board DATE: May 27, 2003
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Item for Agenda
Please submit the enclosed items for the Board's next agenda to authorize Chair to sign:
Four duplicate, original Contract for Upgrading Highway/Railroad Grade Crossing
Warning Devices Under Federal Section 130 Program.
Please have all four original contracts signed and return all four originals to Wayne
Howard to obtain the appropriate signatures from the State of Colorado. A signed copy
will be submitted to CTB for recording.
The appropriate documentation is enclosed
Enclosures
pc: Wayne Howard, Public Works
M:\FRANCIE\AGENDA-3.DOC
2003-1385
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Safety and Traffic Engineering BranchA.
4201 East Arkansas Avenue. EP 700 . I QT
Denver,Colorado 80222
(303)757-9268 Voice ammo=(303)757-9219 Fax °GNA ..,,u,..M..,,..,,d,
-mail:hayne.hutchinson@dot.state.co.us
May 15, 2003
Wayne Howard, P.E.
Project Manager
Weld County Public Works
P.O. Box 758
Greeley, CO 80632
Dear Mr. Howard:
Please find enclosed four original copies of a construction and
maintenance contract for the following project :
SRP C030-025, 13770; County Road 13 , Weld County
Please have the appropriate individual sign each copy and return all
the signed copies to me. When the contracts are completely executed,
one original will be returned to you.
If you have any questions feel free to call me.
Sinc rely,
Ha e Hutchinson
CDOT Railroad Program
Enclosure
cc : Michael Frederick Reg. 4 wo/encl .
File
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