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Home My WebLink About970848.tiffRESOLUTION RE: APPROVE CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM, AT WELD COUNTY ROAD 59, WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 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, at Weld County Road 59, 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 The Burlington Northern and Santa Fe Railway Company, with terms and conditions being as stated in said application, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract for Upgrading Highway/Railroad Grade Crossing Warning Devices under Federal Section 130 Program, at Weld County Road 59, 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 The Burlington Northern and Santa Fe Railway Company be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of May, A.D., 1997. 970848 eputy Clerk t•lthe Board ems: Piu; C1>6T /Geo BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 2444, E. Baxter, Chair stance L. Harbert. Pro-Tem Dale K. all EG0036 igg 11 o(oo SRP C030-007, 10991 Weld Co. Rd. 59, Keenesburg CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM THIS CONTRACT, made this I day of 19 by and between the STATE OF COLORADO for the u e and benefit the ST E DEPARTMENT OF TRANSPORTATION, DIVISION OF ENGINEERING, DESIGN AND CONSTRUCTION, hereinafter referred to as the State, and WELD COUNTY, COLORADO, hereinafter referred to as the Local Agency, and THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, hereinafter referred to as BNSF or as the Railroad Company, 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 4064, Phase C, Contract Encumbrance Number 10991, Contract Encumbrance Amount $136,500; 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., as amended, by both the State and the Local Agency under authority of Sections 29-1-203 and 43-2-144, C.R.S., as amended, and by the Local Agency pursuant to an appropriate ordinance or resolution duly passed and adopted by the Local Agency, a copy of which is attached hereto and hereby made a part hereof; 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, 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; and WHEREAS, projects selected under the Section 130 Program are eligible for funding at the rate of 100% Federal -aid funds, provided the project costs are incurred in accordance with the conditions set forth herein, all without cost to the State and the Railroad Company, it being understood that such ratio applies only to such costs as are eligible for Federal participation, it being further understood that all non -participating costs are borne by the Local Agency at 100%; and 970848 WHEREAS, Federal regulations (23CFR, 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 Company understand that, pursuant to paragraph 646.220 of 23CFR, 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 will authorize the early purchasing of materials for the crossing, in the form of an authorization letter, attached hereto as Exhibit E, upon receipt of the Railroad Company's cost estimate for the Railroad work; and WHEREAS, the Local Agency has initiated this Section 130 Program project numbered SRP C030-007, 10991, 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 installing flashing light signals, bells, gates, and constant warning equipment as more specifically described on the CDOT Form No. 463; and WHEREAS, the proposed improvements provided for herein are located in Weld County, Colorado, at the crossing of Weld County Road 59, south of Keenesburg, and the Railroad Company's track, National Inventory Crossing ID No. 057-216R, Railroad Mile Post 504.64; and WHEREAS, the Local Agency will make application to the Public Utilities Commission for authorization of the installation of Rail -Highway Crossing Protection Devices at the BNSF crossing with Weld County Road 59, south of Keenesburg, to provide a safer crossing; and WHEREAS, the Local Agency is responsible for complying with all terms and conditions of this contract for project SRP C030-007, 10991, which are applicable to the Local Agency; and 2 970849 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 WHEREAS, it is in the public interest that the railroad work be performed by Railroad Company forces, on a Force Account basis. 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. 23CFR = 23rd edition of the Code of Federal Regulations 3. MUTCD = The Manual on Uniform Traffic Control Devices for Streets and Highways 4. PUC = Public Utilities Commission of Colorado 5. The term "eligible charges" shall include only those actual incurred costs, as provided in 23CFR, Part 140, which are directly attributable to Project No. SRP C030-007, 10991, and which are incurred following written authorization by the State for the various work functions, except as provided in Article II, Section A. 6. The term "railroad work" shall consist of work done by Railroad Company forces and shall include the following: Furnish and install flashing light signals, bells, gates, and constant warning equipment. SECTION B. EXHIBITS The exhibits listed below are hereto attached and made a part of this contract: Exhibit A - Local Agency Ordinance or Resolution Exhibit B - Print showing Crossing Location Exhibit C - Railroad Company Schematic Plan and Itemized Force Account Estimate to accomplish the work 3 970S48 Exhibit D - Civil Rights Exhibit Exhibit E - Materials Authorization Letter 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 23CFR 23CFR MUTCD SECTION D. DESIGN DATA Part 140 Part 172 Part 646 Dated Subpart I Subpart B 1988 The highway/railroad improvement project provided herein, identified as Project No. SRP C030-007, 10991, consists generally of installing grade crossing warning devices consisting of flashing light signals, bells, gates, and constant warning equipment. Such improvements are located at the crossing of Weld County Road 59, south of Keenesburg, and the Railroad Company's track, National Crossing No. 057-216R, Railroad Mile Post 504.64, and are more fully described in CDOT Form No. 463 (Design Data) that the State has developed. Said CDOT Form No. 463 shall be part of this contract by reference. The Local Agency understands that only those improvements provided in the approved final DOT Form No. 463 for this project are eligible for Federal -aid participation under this contract. ARTICLE 11 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 predesign meetings, obtaining FHWA approvals and. preparation of this contract. In the event Federal -aid funds are not made available, or are withdrawn from 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 PUC requesting a PUC order providing for the improvements described herein. The Local Agency shall submit a copy of this fully executed 4 97081-s contract 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 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 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 that 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 the 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 Article IV, Section A, Notice to Proceed 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 the early ordering of material as authorized, in writing, by the State (Exhibit 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 construction zone traffic control in accordance with the traffic control plan shown in the plans for the project. The Local Agency shall also be responsible for construction zone signing and the application of pavement markings as provided in the project plans. 5 970E 18 SECTION G. RAILROAD COMPANY REIMBURSEMENT The Local Agency shall review and verify the Railroad Company's billings for the railroad work performed hereunder to ensure that the billings are for eligible charges for work actually performed. After Local Agency verification, these billings along with all other project charges, shall be transmitted as a billing from the Local Agency to the State's Region representative for approval and reimbursement, as provided in Article IV, Section C. The State shall be responsible for reimbursing the Local Agency for eligible charges within 30 calendar days following approval of billings, as provided in Article IV, Section C. The Local Agency shall be responsible for reimbursing the Railroad Company for eligible charges within 30 calendar days following receipt of reimbursement from the State. SECTION H. INSPECTION AND AUDIT The Local Agency shall obtain a written -notice to proceed from the State before it performs or authorizes the performance of any work under this contract. Such written notice to proceed shall act as a guarantee from the State that the Federal funding for all work authorized therein is available and is set aside for the work. 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 3 years from the date of final payment. Copies of such records shall be furnished by the Local Agency if requested. SECTION I. MAINTENANCE The Local Agency shall be responsible for maintaining the roadway approaches 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, including the portion of roadway lying between multiple tracks. 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 described in Article III, Section D. ARTICLE HI COMMITMENTS ON THE PART OF THE RAILROAD COMPANY SECTION A. CROSSING AT GRADE 1. Warning Devices. The Railroad Company 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 6 970818 authorizes the performance of such railroad work. In the event that such work is initiated prior to the issuance by the State of the written notice to proceed, the railroad company shall be solely responsible for all costs incurred for such work. 2. Plans and Estimate. The Railroad Company 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 estimate (Exhibit C) to the Local Agency and to the State for the proposed railroad work and must receive approval of such plans and estimate together with a written notice to proceed from the State prior to beginning any railroad work or incurring any expense, unless otherwise authorized by the State. Said itemized estimate 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 Local Agency shall be afforded the opportunity to inspect salvaged and/or scrapped material. The plans and estimate (Exhibit C) when and as approved by the FHWA and the parties hereto, shall govern the installation of the grade crossing warning devices. 3. changes in the Railroad Work. No change shall be made in the railroad work which will increase the cost shown on the estimate (Exhibit C), or which will alter the character or scope of the railroad work, without 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. NOTICF After receipt of the Notice to Proceed from the State, the Railroad Company 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 as required in the traffic control plan and the State can arrange for administration 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 BILLINGS Progress billings for "eligible charges" for the railroad work shall be acceptable in minimum amounts of $500 for each billing. The Railroad Company shall present its final bill to the Local Agency for all railroad work, including the cost of the railroad company's engineering, in a total amount not to exceed $130,000, as shown in the estimate (Exhibit C), except as provided in Article III, Section D. The final bill shall be presented within 180 calendar days after completion of the railroad work. Reimbursement for railroad work will not be made if the work is performed prior to issuance of written notice to proceed by the State, unless the Railroad Company obtains subsequent approval from FHWA for reimbursement from project funds. The Railroad Company shall allow the Local Agency and State to audit the Railroad Company's billings to verify compliance with 23CFR, 7 970848 Part 140, Subpart I. Labor charges for any railroad work performed by Railroad Company personnel shall be in accord with the then current working agreements between the Railroad Company and its employees in order to be considered "eligible charges." SECTION D. MAINTENANCE Upon completion of the work required under this contract, the Railroad Company, at Railroad Company expense, 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 any Federal, State, local 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 described in Article II, Section I. 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 shall issue written notices to proceed for the various work functions as may be required. Any work function performed by the Local Agency or the Railroad Company prior to the issuance of the notice to proceed shall not be eligible for reimbursement from Federal -aid funds. 3. Plans Preparation. The State, upon execution of this contract and receipt of required project data, shall prepare general plans for the project. Detailed plans for the railroad work shall be the responsibility of the Railroad Company and shall conform to PUC requirements. 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. The State will bill the Local Agency only for the non -participating costs incurred by the State in performance of this contract. The State agrees that its participating charges shall not exceed two percent (2%) of the total project budget as detailed in Article V, Section A, or two thousand dollars ($2,000), whichever is the greater amount, unless the Local Agency authorizes, in writing, a higher amount. The State's 8 side's. Regional Transportation Director shall be responsible for monitoring project charges. The costs of such support services and assistance shall be paid to the State from project funds at the applicable rate identified in Article V, Section A(1). 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 approval or 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. SECTION C. REIMBURSEMENT OF THE LOCAL AGENCY Upon receipt from the Local Agency of the billings for the railroad work as provided by Article III, Section C of this contract, the State shall reimburse the Local Agency for the Federal -aid share of eligible project costs incurred subject to the limitation of Article II, Section G, and not to exceed $130,000. Such reimbursement shall be made within 30 calendar days of receipt of the Local Agency's bill. The State shall also submit a final recapitulation of costs to the Local Agency. The Local Agency shall be responsible for payment of such billings to the Railroad Company as provided in Article II, Section G. ARTICLE V ADDITIONAL PROVISIONS SECTION A. FINANCIAL PROVISIONS 1. Project Budget. The total budget for this project number SRP C030-007, 10991, shall be funded as follows: a. Federal participating funds (100%) $136,500 b. Local Agency share non -participating funds including indirect costs $ 1,500 TOTAL BUDGETED FUNDS $138,000 If actual project costs exceed the total budget, such excess costs shall be borne exclusively by the Local Agency if additional Federal funds are not available except that the Local Agency shall not be liable for the cost of any unauthorized changes in the Railroad work as provided in Article III, Section A(3). If project costs underrun the estimated total budget, the Federal portion of such under run shall be reallocated within the framework of the Statewide Section 130 Program as mutually agreed upon by the State and the FHWA. 9 970S13 2. Cost to the Railroad Company. Pursuant to 23 U.S.C. 130(b), and 49CFR 1.48, and in accordance with Paragraph 646.210b(1) of 23CFR, it is determined that the improvements herein provided will not result in ascertainable benefits to the Railroad Company, and that consequently liability for the cost thereof shall not be required of the Railroad Company, except as described above for the Local Agency, provided the Railroad Company performs the railroad work as prescribed herein. SECTION B. FEDERAL AID PROJECTS It is understood that the project herein contemplated shall be financed in part from funds made available by the Federal Government and expended under Federal regulations; that all plans, estimates of cost, specifications, 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 C. CANCELLATION Any party to this contract shall have the right to cancel this contract by giving the other parties thirty (30) days notice by certified registered mail, return receipt requested, provided such cancellation is effective before the railroad work begins. If notice is so given, this contract shall terminate on expiration of the thirty days and the liability of the parties hereunder for further performance of the terms of this contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations and shall pay their share of costs incurred up to the date of cancellation as provided in the contract. SECTION D. REPRESENTATIVES For the purpose of this contract, the individuals named below are hereby designated representatives of the respective parties. Any party may, at any time, designate in writing new or substitute representatives. 1. If to State: Mr. Doug Raines Regional Transportation Director, Region 4 1420 2nd St. Greeley, CO 80632 PHONE: (970) 350-2101 10 FAX: (970) 350-2177 970E13 2. If to Local Agency: Mr. Drew Scheltinga County Engineer Weld County 933 N. 11th Ave. P. O. Box 758 Greeley, CO 80632-0758 PHONE: (970) 356-4000, ext. 3750 3. If to Railroad Company: FAX: (970) 356-2868 Mr. Robert W. Carter Manager Public Projects The Burlington Northern and Santa Fe Railway Company 373 Inverness Dr. So. Englewood, CO 80112-5831 PHONE: (303) 220-3554 FAX: (303) 220-3539 The State's Regional Transportation Director Engineer shall be responsible for issuing all Notices to Proceed. SECTION E. SIV1L RIGHTS The parties hereto, in the prosecution of the work herein prescribed, will adhere to the requirements of the Civil Rights Exhibit, 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. SECTION F. 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 Local Agency, 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 Company is, by law or otherwise, relieved of such responsibility. SECTION G. 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 11 9~jolt=- S otherwise, such devices shall be removed, and if by mutual agreement the grade crossing warning devices are deemed suitable for re -use at another location, they shall be reinstalled at that location by the Railroad Company under a separate agreement for relocation between the State, Local Agency, and Railroad Company as approved by the Colorado 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 Railroad Company. SECTION H. SUCCESSORS AND ASSIGNS All of the covenants and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. SECTION I. SPECIAL PROVISIONS The Special Provisions attached hereto immediately following the signature page are hereby made a part of this contract. For the purpose of interpretation of said Special Provisions, both the Local Agency and the Railroad Company shall each be known, separately, as "the contractor." SECTION J. SIGNATURE AUTHORITY The Railroad Company 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 Company and to bind the Railroad Company to its terms. SECTION IC AUTHORIZATIONS Pursuant to 23CFR, Part 646, Subpart B, the State will act in the relative position of the FHWA, including issuing all necessary written authorizations for all phases of the work described herein. The cost for such work will be eligible for reimbursement only if the work is performed after written authorization is issued by the State. 12 970''* Page 1 of 2 Signature Pages Project SRP C030-007, 10991 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. In order to expedite contract execution, the parties hereto will execute separate signature pages and said pages are considered as part of the same document. Al lEST: 00. .921 :i�� o • WELD COUNTY CLERK TO THE BOARD CLIFFORD W. HALL State Controller By STATE OF COLORADO ROY ROMER, GOVERNOR tive Director DEPARTMENT OF TRANSPORTATION WELD C,QUNTY, COLORADO CAIR, WELD COUNTY 05/05/97 Title BOARD OF COMMISSIONERS Federal Employer Identification No. 84-6000813 P. O. Box 758, Greeley, CO 80632 APPROVED: GALE A NORTON Attorney Gel ral By BARRY B. RYA Assistant Attorney General Civil Litigation Section 970848 Page 2 of 2 Signature Pages Project SRP C030-007, 10991 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. In order to expedite contract execution, the parties hereto will execute separate signature pages and said pages are considered as part of the same document. WITNESS THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By f . Vice President President and Title Chiaf Engineer Federal Employer Identification No. 41-6034000 P. O. Box 64070 St. Paul, MN 55164 970848 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. 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. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State. the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provcndor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law, 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. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402), and as requited by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings: lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap. or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer. advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16. 1975. and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975, and by the mles, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization. or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color. sex, national origin. or ancestry. (f) A labor organization. or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt. either directly or indirectly, to commit any act defined in this contract to be discriminatory. Form 6 -AC -02B Revised 1/93 395-53-01-1022 page 1 of 2 pages 9701948 (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures. authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975 and the rules, regulations. or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The contractor will include the provisions of paragraphs (a) through (h) in every sub -contract and subcontractor purchase order unless exempted by rules, regulations. or orders issued pursuant to Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance: provided. however. that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. 'COLORADOLABOR PREFERENCE h, When a construction contract for a public project is to he awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from it st a:c nr ford_n country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by :he office: r<sponsibie for ass ardwg the bid that compliance with ;h:s .,.iseciion .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended. but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-I0I and 102) GENERAL 7. 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. defence, or.otherwise. Any provisionrendered 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. 8. 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. 9. The signatories aver that they arc familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et. seq.. (Abuse of Public Office), and that no violation of such provisions is present. • 10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein: WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor (Full Legal Name) Position (Title) If Corporation:( Attest (Seal) By C. I Securely Numimror Federal I.D. N be acv. or Equhataot. To'.n/Ciry;Co '. Car. ATTORNEY CENERAI By STATE OF COLORADO ROY ROMER, GOVERNOR By •5 EXECUTIVE D - OR DEPARTMENT OF APPROVALS CONTROLLER By Form 6-AC.02_C Rev iscd 1/93 395 -53 -rat 4030 Pace 2 .h,rh I. the list of 2 pages 970e18 Note: The attached resolution must contain the following: A. The local agency's percent (%) contribution of the total estimated dollar amount. B. Authorized signatory. C. Local Agency's approval of the contract. D. The resolution must not contain language that conflicts with the provisions of the contract. LOCAL AGENCY RESOLUTION OR ORDINANCE TO BE ATTACHED TO EXECUTORY COPIES 970F3'1-9 RESOLUTION RE: APPROVE CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM, AT WELD COUNTY ROAD 59, WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 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, at Weld County Road 59, 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 The Burlington Northern and Santa Fe Railway Company, with terms and conditions being as stated in said application, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract for Upgrading Highway/Railroad Grade Crossing Warning Devices under Federal Section 130 Program, at Weld County Road 59, 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 The Burlington Northern and Santa Fe Railway Company be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of May, A.D., 1997. eputy Clerk tithe Board 970848 da: Peg; CD6i— Dale K. all BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO GeorE. Baxter, Chair rdii t PJ }14:‘ ,1O,ri stance L. Harbe Pro-Tem EG0036 970818 c-l...t., -l.-lcn nnn Contour interval Continue on Page 41 913 7 FEB 27 '97 14:57 FR SYSTEM SIGNAL KC 1 464 13 551 464? TO 82203741 P.01/02 Install new highway crossing at CO. RD. 59, Keansburg Co. DOT #075216R L.S. 2 M.P. 504.64 Attached material lists reflect typical, representative packages used for estimating purposes only. They can be expected to change after engineering process. Detailed and accurate material lists will be furnished when engineering is completed. Continuing contracts have been established for portions of signal work on BNSF Railway. This estimate good for 90 days. Thereafter the estimate is subject to change in cost for material, labor, and overhead. Signal material package for this crossing includes the following major items - 6x8 alum.house, Fl/gates, Predictor equipment, batteries, chargers, cable, relays, etc. (See attached sheet for detail of materials) Signal Shop Travel time Contract engineering Electrical Material for meter loop Electrical Labor to install meter loop Subtotals without additives Subsistence (0% Raw Labor) Signal Labor additives (PRAC,DA =183.48% Raw Labor) Material handling (3.73% Raw Material) Direct Shipping (Actual Estimated) Use Tax (Actual or 3.8% Raw Material) Subtotals with additives P W9ry'�,9 5+1 C' n1 Material Labor Other 76,500 10,000 1,500 1,120 1,400 1,000 4,500 78,000 13,520 4,500 0 24,806 2,909 2,964 3,300 83,873 38,326 7,800 TOTAL $130,000 I GRAND TOTAL= $130,000 I 2/7/97 DRN i 913 FEB 27 '97 15:04 SIGNAL FR SYSTESIGNAL551 4647 KC 913 551 4647 TO 82203741 HXP-3R2 Double Trk with gates WIRE 6AWG TURN 19STRANDS RED WIRE 16AWG TEFE2EL BLK ESECZEVIZEsiggammaa © 6 allatnecazcia �� SCREW 10 X 3/4 SRH WD NUT ACORN 14-24 (73-10706) FOUNDATION HOUSE 48• BELL ELECTRONIC CROSSING 4/5' SHUNT BABY GNS 50A09 212 AH NBS1 (QUOTE ONLY) SIGN SHUNT W/POST AND HDWR KIT TORQUE WRENCH SIT 070981X BOOTLEG BOND WITH COUPLER KIT SLEEVE NICO 3/16.46 AWG REDUC TERM ASSY BAIT MULTI -CONNECT CONNECTION SBNT1-161G ONE-SHOT iliTSTTa COMPOUND INSULATING ELECTRICAL HOSE GEN PURPOSE 3/4. 300 PSI NUT TERMINAL INSULATED 1-3/16" PAINT 2115 RUSTO SILVER ALUM ROD 5/8 X 8 NON -SECT COP ORE) SEALANT PEDESTAL BASE 3M -4411A WASHER LOCK 1/4 X 7/64 X 1/16 NUT HEX 1/4-20 CAD PLATED MARKER WIRE BRADY HSCPS9 8336W CLAMP ASSY GRND/MAST 3 1/2-8" WIRE 2 COND #12 WITH GROUND HEATER FOR GATE MECHANISM Look, Abloy, Hi -Security STAPLE COPPERWELD 3/8 X 1-3/4 CABLE C10AWG SC UG IEEE 383 CABLE UG 5 CONE) #14 AWG SOLID CABLE UG 2 CONE) #6 AWG SOLID WIRE UG TRK #6 AWG DUPLEX CABLE UG 3 COND O6 AWG SOLID WIRE #6 SOFT BARE COPPER WIRE BOND STRAND FOUND SIGNAL 60" DEPTH GATE ASSY TYPE S 2 WAY UARM BRACKET HI WIND SUPPORT ADJ 5' ADAPTER FOR FABRICATED GATEARM BRACKET ASSY, LESS ADAPTER Page 2 200 400 400 SO 2 1 EA EA FT 012253-003 FT/012741000 FT 012742-000 EA 013041-005 � 013049-002 E 013073-000 6193-01 4129-01 147-01 3425-30 3426-30 6192-01 2587-01 4Q3522.01 1145-01 5 EA 4108-01 1029-01 1118-01 4123-01 4122-01 2�EA 2201-01 1201-01 1357-01 3 EA 16666-01 50 EA 15 61E4 EA 50 FT 6 EA 6 EA 350 3 SO 350 350 350 350 150 Min 50 2 1190-01 4125-01 L'JL3.1 . 4094-01 4095-01 24121-01 4098-07 4135-01 4137-30 4899-01 6 1148-01 4405-01 1022.05 1075-05 © 7094-05 1013-05 11436-01 mom EA Ian 4133-01 _ 1322-01 EA 4088-30 2JEA 4087-30 EA 413 2,EA 4555-02 14556-02 2 21 EA .. 1 P. 02/02 970f3148 913 551 4647 FEB 27 '97 15:03 FR SYSTEM SIGNAL KC 913 551 4647 TO 82203741 P.01/02 HXP-3R2 Double Trk with gates LOCATION NAME: HXP-3R2 Double Trk with Gates House Material Off HPN TERM RNG TEST #16-14 INS YEL 1 IEA 132149-000 RESISTOR CF 1/21/V 56K OHMSS 5% 1IEA 002129-7563 ASSY HXP-3R2 W/IDK FINAL 1 EA 1250729-4421 ASSY AGA-1 6 EA 202216-001 ASSY AGE -1 2 EA 202217-000 SCREW 1/4-20 X 1-114 SPH ES 4 EA 013923.000 NUT 1/4-20 HEX 4 EA 013513-5001 WASHER 114 SPL STL 4 EA 013033-003 ASSY MDSA-1 2 EA 250204-001C SCREW 4 X 1/2 PPN SM 40 EA 013114-004 NUT INSULATED HARMON 8 EA 013986-000 TERM RNG TNG #16-141/4•INS 1001EA 032114-003 BAR MOUNTING SIT PAINTED 2 EA 1065494-001 LABEL WHT FB 1/4' SLVE 150 EA 125204-011 RLY ST 200 OHM LAMP 2FB 28 -RD 1 EA 007149-038 RLY FLASH PAK W/MTG HOW 56.64 1 EA 007149-037 LABEL WHT FB 3/8' SLVE 120 EA 125204-012 CABLE TIE 5-1/2L NAT 50 EA 005019-018 CABLE TIE MOUNT 20 EA 005077-001 KIT RLY FL E -POST MOD W/S STUD 5 EA 005634-000 NUT WIRE TAN 2 EA 005728-000 RLY 81 PLED KIT NO FLAG CONT 5 EA 007062-003 RLY B 500 C*61/I NWT 4F8 -2F -1B 1 EA 007062-277 ASSY HOUSE 6X6 ALUM SKR1O7 w/A,D,E,F,G,H 1'EA 251035-000 RLY B 194 OHM 3 SEC SR 4F8 1 EA 007062-360 WASHER 1/4- FLAT AAR 225 EA 013074-000 NUT HEX CLAMP 14-24 NI PLATED 100 EA 013079-000 NUT TEST 14-24 BRASS/AUL 37 EA 013296-001 XFMR UGHTING SIT -50 1 EA 016190-001 CHARGER ERBC 12/20 W/10' LEAD 2 EA 017122-000 CONN TERM STRAP 2-15/16 L 2 EA 032029-005 CONN. TERM STRAP 1' CTRS. STD. 18 EA 032029-007 TERM RNG Time; 86 1/4'STUD CRIMP 36 EA 032063.005 TERM RUG TUG #12-10 1/4" INS 120 EA 032114-006 TERM STRIP DBL POST 12 6 EA 032147-000 ( TERM BLOCK 2 -WAY 7 EA 032197-002 TEST LINK 36 EA 032257.002 CONT RLY FLG #20-16 CRIMPTY 25 EA 032781-000 CONT RLY FLG #14-10 CRIMP TYPE 50 EA 032781-001 . WRENCH RACO 1 EA 095058-001 WRENCH RLY TST E -POST 1 EA 095605-009 LABEL WHT 3/4- ID W/ADHESIVE 90 EA 125204-006 CONN PLUG LG-15 250V 15A 2P3W H 3 EA 132286.001 ASSY CABLE ENT RISER 24- 3 EA 201745-000 EPC HCA-1 800.087047-000 1 EA 262914-002 EPC MOD 14.4K BAUD HCA-1/WDA-1 1 EA 262923-000 RLY 8 100 OHM PO 6F8 10VAC 1 EA 007062-406 RLY 6 FLSH 4FB 1 EA 007062-671 PROTECTOR AC LINE 230V SP20-16 2 EA 019059-001 011215-000 DIODE 22733 -181 -AS . 1 EA CABLE 4 CONDUCTOR 25 FT 012221-000 WIRE 6AWG THHN STRAND BLK 200 FT 012253-000 WIRE 6AWG THHN 19STRAND5 GRN 1001 FT 012253-002 I I 9708 4:,8 tn. JTbTA'Md DYRL'CYOR OUT APPROVAL FROM TITS 0 PLAN MUST NOT } e0/20'd a A` ,0 6 k \` ) eta 2|. a- � 5i ;5} �(5 2 =kk a �1N.§S !||;;; pea -8434s \ m , m a- ct »2ezae 01 z ,ISS 216 » 1UN9IS W3ISAS a 6:_ a. LE Rad 2.17917 TSS 216 970F 53 EXHIBIT D 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 witlbRegulationa• The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts. Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractors' obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. D. information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; (2) Cancellation, termination or suspension of the contract, in whole or in part. 970818 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. 970F3,13 EXHIBIT F STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Staff Design, Construction Contracts Unit 4201 East Arkansas Ave., Rm.404 Denver Colorado 80222-3400 (303) 757-9344 March 26, 1997 Mr. Robert W. Carter Manager Public Projects Burlington Northern Santa Fe 373 Inverness Dr. So. Englewood, CO 80112-5831 Dear Mr. Carter: This letter authorizes the Burlington Northern Santa Fe Railway to order the materials required for CDOT Project No. SRP O030-007, 10991, Weld County Road 59, south of Keenesburg, Colorado, National Inventory Crossing ID No. 057-216R, as will be specifically described in an Exhibit of the upcoming contract, subject to the following conditions: a) the authorization is for the maximum amount of $87,173 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; and c) reimbursement by the State to the Railroad Company for the actual cost of the materials is contingent upon the execution of a contract providing for such payment. 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 conditions. The State considers the ordering of the above materials to be an essential pre -contract cost under §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. 970F±1.8 March 26, 1997 Page 2 SRP C030-007 10991 This authorization is pursuant to 23 C.F.R., Part 646, Subpart B. Further, eligible costs include only those actual incurred costs, as provided in 23 C.F.R., Part 140, Subpart I. This authorization is for the ordering of materials only and is not for the actual performance of the project installation work. The date of this authorization is shown above. Any materials ordered before that date, or in excess of the amount authorized, will not be eligible for reimbursement by the State. If you have any questions, please contact Dana Johnson at (303) 757-9353. cc: D. Scheltinga, Weld Co. Loose/Frederick, R-4 FHWA Pam Thompson, OFMB Hal Johnson, St. Design Shirley Johnson, Projects & Grants Central Files Bruce Johnson/File Sincerely, James E. Siebels Chief Engineer Director of Engineering, Design & Construction Colorado Department of Transportation 9708,13 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Staff Design, Construction Contracts Unit 4201 East Arkansas Ave., Rm. 404 Denver Colorado 80222-3400 (303) 757-9353 Mr. Don Somer Weld County 933 N. 11th Avenue P. O. Box 758 Greeley, CO 80632-0758 Dear Mr. Somer: April 25, 1997 Enclosed for signature on Weld County's behalf is the executory contract for project SRP C030-007, 10991, County Road 59, Keenesburg, among the County, Burlington Northern Santa Fe, and CDOT. We have included one copy of the complete contract, which you may keep for your files, and four copies of the signature page. In order to expedite the signature .process, we are sending out the contract in the same manner to the County and Railroad simultaneously. If you find the contract acceptable, please have all four copies of the signature page signed by the persons authorized to sign on behalf of the County. Also note than an ordinance or resolution from the County Commissioners is required as Exhibit A to the contract. Please return the four signature pages and four copies of the ordinance or resolution to my attention at Staff Design Construction Contracts Unit. Once we receive the signature pages from everyone, we will have the contracts signed on the State's behalf. The contracts will be dated upon final signature by the State and a fully executed copy will be returned to you. If you have any questions, please call our office at (303) 757-9353. cc: Loose/Frederick, R-4 Johnson/File Sincerely, Dana K. Johnso Railroad Liaison Engineer 9?0fi''•3 (t\ „ COLORADO mEmoRAnDum To From Subject: Clerk to the Board Date Don Somer, Public Works Department Agenda Item April 30, 1997 Please place the following items on the Board's next agenda: Enclosed is the contract with Colorado Department of Transportation to accompany the application we previously sent. When approved, please have the Chair sign the pages indicated with the yellow tab. The appropriate documentation is attached. board.mem 970848 Hello