HomeMy WebLinkAbout990633.tiff RESOLUTION
RE: APPROVE MODIFIED LUMP SUM CONTRACT FOR UPGRADING
HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES ON WELD COUNTY
ROAD 37 UNDER FEDERAL SECTION 130 PROGRAM AND AUTHORIZE CHAIR TO
SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant tb
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 Modified Lump Sum Contract for
Upgrading Highway/Railroad Grade Crossing Warning Devices on Weld County Road 37 undelr
the Federal Section 130 Program among the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Public Works
Department, the Colorado Department of Transportation, Division of Engineering of
Maintenance, and the Union Pacific Railroad Company, 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 Modified Lump Sum Contract for Upgrading Highway/Railroad
Grade Crossing Warning Devices on Weld County Road 37 under the Federal Section 130
Program among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, the Colorado
Department of Transportation, Division of Engineering of Maintenance, and the Union Pacific
Railroad Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
G 990633
EG0038
MODIFIED LUMP SUM CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE
CROSSING WARNING DEVICES ON WELD COUNTY ROAD 37
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of March, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
çADOcl COUNTY, O
ATTEST: `�����C : �, _
ALu •y 'Up:. Hall, Chair /'
Weld County Clerk to t i B 'i. _ _` cc
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CZ_p •. ' Barbara J. Kirkmeyer, Pr& em
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Deputy Clerk 10 the :•r U N` eq ,r - _
George Caxter
71
OV AS O FORM: &Le/
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ty Attorney ---41-Lis'- 1 r
Glenn Vaad <T
990633
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SRP C030-016, 11832
Weld County Rd. 37, North of Eaton
MODIFIED LUMP SUM CONTRACT
FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES
UNDER FEDERAL SECTION 130 PROGRAM
THIS CONTRACT, made this t I5- day of IV If , 19 1�/ , by and between
the STATE OF COLORADO for the use and benefit of the STATE DEPARTMENT OF
TRANSPORTATION, DIVISION OF ENGINEERING AND MAINTENANCE, hereinafter
referred to as the State, and WELD COUNTY, COLORADO, hereinafter referred to as the Local
Agency, and UNION PACIFIC RAILROAD COMPANY, hereinafter referred to 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 4280, Phase C, Contract Encumbrance Number 11832, Contract
Encumbrance Amount $119,000; 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, CRS,
as amended, by both the State and the Local Agency under authority of Sections 29-1-203 and
43-2-144, CRS, 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 Highway
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
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 has initiated this Section 130 Program project numbered
SRP C030-016, 11832, 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, gates, bells, and constant warning devices 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 37, North of Eaton, and the Railroad Company's
track, National Inventory Crossing ID No. 804-857K, Railroad Company milepost 60.19; 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 Local Agency will make application to the Public Utilities Commission
(PUC) for authorization of the installation of Railroad/Highway Crossing Protection Devices at the
Railroad Company crossing with Weld County Road 37, North of Eaton, 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 C030-016, 11832; and
WHEREAS, Federal regulations (23CFR 646.200(d) and 23CFR 140.920) authorize lump
sum contracts for Section 130 projects and the parties have determined that it is in the public interest
that the Work for this Section 130 project be performed by Railroad Company forces on a lump sum
contract basis; and
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WHEREAS, the parties desire to agree herein that the "Railroad Force Account Work,"
hereinafter referred to as the "Work," will be performed on a lump sum basis, and that upon the
submission by the Railroad Company of its estimate for the Work (to be attached hereto as Exhibit
C) and the Local Agency's review and approval of that estimate amount for lump sum payment
purposes, and upon the Local Agency's review and approval of that estimate amount for lump-sum
payment purposes, tae Local Agency will make and the Railroad Company will accept lump surr
payments of the estimated amounts for labor and materials as full and complete compensation for
the satisfactory performance of the Work, without those amounts being subject to later
determination of or adjustment for actual costs; provided, however, that payment for materials
acquired may be billed and paid prior to performance of the labor portion of the Work, thereby
creating this "modified" lump sum contract; and
WHEREAS, the Railroad Company is adequately staffed and suitably equipped to undertake
and satisfactorily complete the proposed improvements, and can perform the Work more
advantageously and more cost effectively than the State; and
WHEREAS, it is in the public interest that the Work be performed by Railroad Company
forces, on a Force Account basis; and
NOW, THEREFORE, it is hereby agreed that:
ARTICLE 1
GENERAL PROVISIONS
SECTION A. DEFINITIONS
1. FHWA = U.S. Department of Transportation Federal Highway
Administration
2. CFR = Code of Federal Regulations
3. MUTCD = The Manual on Uniform Traffic Control Devices for Streets
and Highways
4. CRS = Colorado Revised Statutes, as amended
5. PUC = Public Utilities Commission of Colorado
6. The term "Work" shall consist of work done by Railroad Company forces and shall
include the following:
Furnish and install flashing light signals, gates, bells, and constant warning devices.
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7. The '.erm "Project Work" shall consist of work done by the Local Agency and/or the
Railroad Company in completing all elements of the project.
SECTION B. EXHIBITS
The exhibits listed below are hereto attached and made a part of this basic contract:
Exhibit A - Local Agency Ordinance or Resolution
Exhibit B - Print showing Crossing Location
Exhibit C - Railroad Company's general plan of the crossing and itemized lump
sum railroad force account estimate to accomplish the Work
Exhibit D - Civil Rights Exhibit
Exhibit E - Contract Funding Letter Format
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 1988
SECTION D. DESIGN DATA
The highway/railroad improvement project provided herein, identified as project no.
SRP C030-016, 11832, consists generally of designing and installing highway/railroad. grade
crossing improvements consisting of flashing light signals, gates, bells, and constant warning
devices, located at the crossing of Weld County Road 37, North of Eaton, and the Railroad
Company's track, National Inventory Crossing ID No. 804-857K, Railroad Company milepost
60.19, as more fully described in CDOT form no. 463 that the Local Agency 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 I I
COMMITMENTS ON THE PART OF THE LOCAL AGENCY
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SECTION A. PRE-CONTRACT ADMINISTRATIVE TASKS
Certain adm.nistrative 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 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 for its approval of the crossing warning
devices and for approval of the continuing maintenance provisions agreed to by the parties. The
Local Agency shall participate in any hearing before the PUC in this matter. The State's issuance of
authorization to proceed with the Work shall be contingent upon PUC approval.
SECTION C. CLEARANCES
1. 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.
2. Right of Way. The Local Agency shall also 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 D. ACCEPTANCE OF THE RAILROAD COMPANY'S COST ESTIMATE
If the Local Agency accepts the estimate submitted by the Railroad Company of the
anticipated cost of the performance of the Work (Exhibit. C) as a suitable basis for reimbursing the
railroad Company for that Work, the Local Agency shall so notify the State, in writing. The Local
Agency will reimburse the Railroad Company the amount of that estimate as a lump sum payment
for the satisfactory performance thereof upon the completion of that Work, as described below.
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.
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SECTION E. CROSSING IMPROVEMENT WORK
The Local Agency shall coordinate the crossing improvement work and shall inspect the
Work performed by Railroad Company forces. The Local Agency shall not initiate or authorize any
crossing improvement work, including the 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, 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 zor,.e signing and the application of pavement markings as provided in the project
plans.
SECTION F. PAYMENT TO RAILROAD COMPANY
The Local Agency agrees to pay, and the Railroad Company agrees to accept a lump sum
payment for the Work in the amount of the Exhibit C estimate, as approved by the Local Agency
($111,667) as follows:
1. Materials Billing. The Railroad Company agrees to accept a lump sum payment from the
Local Agency in the amount of the Exhibit C materials estimate of$76,033 for the materials porion
of the Work. The Railroad Company may bill for the materials prior to installation, once acquired.
2. Work Billing. The Railroad Company agrees to accept a lump sum payment from the
Local Agency in the amount of the Exhibit C labor estimate of$35,634 for the labor portion of the
Work. Upon completion of the installation, and at the earliest practicable date, pursuant to 23CFR,
Part 140.922(b), the Railroad Company shall provide a final and complete bill to the State's
Railroad Liaison for the labor lump sum, and the materials lump sum if not already paid. Payment
of the labor lump sum and the materials lump sum (totaling $111,667 on Exhibit C), shall constitute
full compensation for the performance and completion of the Work, and shall not be exceeded
unless covered by a supplemental contract executed prior to incurring additional costs.
3. Billings Sent To. Billings shall reference the State's project no. SRP C030-016, 11832,
and shall be sent to the Railroad Liaison at the Colorado Department. of Transportation., 4201 E.
Arkansas Ave., Rm. 404, Denver, CO 80222. The State shall immediately forward the Railroad
Company's billing to the Local Agency's representative. 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 II,
Section F. Subject to the Local Agency's acceptance of the Work, as provided in 23CFR, Part 646,
the Local Agency agrees to pay the Railroad Company the Lump Sum amounts in accordance with
the provisions of Section F, paragraphs 1 and 2 above. The Local Agency shall reimburse the
Railroad Company within 30 days of receipt of approved billings. The Local Agency shall also
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reimburse the State for the State's charges, as provided in Article IV, Section B, within. 30 days
following receipt of State's billings. The Railroad Company billings, and all cost records and
accounts concerning the Work, shall be subject to audit by the State, as provided in 23CFR, Part
140, Subpart I.
SECTION G. 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. 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.
ARTICLE I[I
COMMITMENTS ON THE PART OF 7'HE RAILROAD COMPANY
SECTION A. PERFORMANCE OF WORK
1. Plans and Lump Sum Estimate for Work.
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 Lump
Sum estimate (Exhibit C) to the State and the Local Agency for the proposed Work.
The Railroad Company must receive the Local Agency's written approval of such
plans and of the Lump Sum estimate (Exhibit C), together with a written notice to
proceed from the State, prior to beginning any Work or incurring any expense, unless
otherwise authorized by the State. The itemized Lump Sum estimate (Exhibit C)
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 (Exhibit C) shall so state. The State and 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 Local Agency. shall govern
the installation of the grade crossing warning devices.
The itemized Lump Sum estimate (Exhibit C) shall conform to the requirements c f
23CFR, Part 140, Subpart I and of 23CFR, Part 646, Subpart B. That estimate shall
include all labor charges for any Work performed by Railroad Company personnel,
which labor charges are in accordance with the then current working agreements
between the Railroad Company and its employees.
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2. Work.
The Railroad Company shall use its own forces to satisfactorily perform and
complete all of the Work pursuant to the terms and conditions of this Contract,
provided that the Railroad Company shall not start performance of the Work until it
has received a written notice to proceed from the State.. The Railroad Company
agrees to accept a lump sum payment in the amount of the Exhibit C estimate, as
approved by the Local Agency, as full and complete compensation for the
satisfactory performance of the Work.
The Railroad Company shall perform its duties hereunder as an independent
contractor and not as an employee. Neither the Railroad Company nor any agent or
employee of the Railroad Company shall be or shall be deemed to be an agent or
employee of the State. Railroad Company shall pay when due all required
employment taxes and income tax and local head tax on any moneys paid pursuant to
this contract. Railroad Company acknowledges that the Railroad Company and its
employees are not entitled to unemployment insurance benefits unless the Railroad
Company or a third party provides such coverage and that the State does not pay for
or otherwise provide such coverage. Railroad Company further acknowledges that
its employees are not subject to, and are riot covered by, the State's workers
compensation law but rather are covered by the Federal Employers Liability Act.
SECTION B. NOTICE
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 Work so that the
Local Agency can arrange for construction zone traffic control as required in the traffic control plan
and the Local Agency 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. CIVIL 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.
ARTICLE IV
COMMITMENTS ON THE PART OF THE STATE
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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, 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. STATES 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
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 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. 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 Work as provided by Article II,
Section F 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 V, Section A, and not to exceed
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$118,167. 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 F.
ARTICLE V
ADDITIONAL PROVISIONS
SECTION A. FINANCIAL PROVISIONS
Project Budget. The total budget for this project number SRP C030-016, 11832, shall be
funded as follows:
a. Federal participating funds
(100%) $118,167
b. Local Agency share:
Local Agency non-participating funds, including indirect costs $ 833
TOTAL BUDGETED FUNDS $119,000
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 Work as provided in Article IV, Section
A. If project costs underrun the estimated total budget, the Federal portion of such underrun shall
be reallocated within the framework of the Statewide Section 130 Program as mutually agreed upon
by the State and the FHWA.
SECTION B. 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 in its sole discretion 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 Local Agency and the Railroad Company, and this contract shall thereupon become null
and void. In the event of any such cancellation, the Local Agency shall reimburse the Railroad
Company for authorized and allowable preliminary engineering and materials costs incurred by the
Railroad Company prior to the effective cancellation date.
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SECTION C. 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 o r
substitute representatives.
1. If to State:
Karla Harding
Regional Transportation Director, Region 4
Colorado Dept. of Transportation
1420 2nd St.
Greeley, CO 80631
Phone (970) 350-2101 Fax (970) 350-2177
2. If to Local Agency:
Don Somer
Weld County Engineering Dept.
933 N. 11th Ave.
Greeley, CO 80632
Phone (970) 356-4000 Fax (970) 352-2868
3. If to Railroad Company:
Susan Grabler
Union Pacific Railroad
1400 W. 52nd Ave.
Denver, CO S0221
Phone (303) 964-4099 Fax (303) 964-4097
4. Railroad Billings sent to:
Railroad Liaison
Colorado Department of Transportation
4201 E. Arkansas Ave., Rm. 404
Denver, CO 30222
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SECTION D. CONTRACT MODIFICATIONS
If Notice to Proceed Not Issued Timely - Funding Letter.
a) By its nature, the itemized Lump Sum estimate (Exhibit C) will be provided to and
received by the State and the Local Agency before this Contract has been executed.
b) If a contract has not been executed by the parties for the Project Work within 12
months from the date of the State's and Local Agency's receipt of the Exhibit C
Lump Sum estimate, then the Railroad Company may revise and resubmit the
Exhibit C estimate to reflect any increase in the cost of that Work, if any.
c) If a contract has been executed by the parties for the Project Work within twelve
months from the date of the State's and Local Agency's receipt of the Exhibit C
Lump Sum estimate, but the State does not issue to the Railroad Company the
written notice to proceed with the Lump Sum Work within that 12 month period, and
if the cost of that Work (based on the Railroad Company's then current working
agreements and standard equipment/materials payment practices) has increased in
that 12 month period, the parties hereby agree that the Exhibit C Lump Sum estimate
shall be automatically increased by the amount of any such increase in cost and that
the Railroad Company shall proceed with the Project Work on that basis, subject to
execution of the Funding Letter as described below. Provided, however, that the
Railroad Company must timely submit to the State and the Local Agency adequate
documentation demonstrating the fact and the extent of such increase, and any State
or Local Agency payment of such increase shall be subject to the State's or Local
Agency's review and approval of that documentation.
(i) The Railroad Company has agreed to perform the Work at the estimated
amount within the next 12 month period, and on the other terms as described
herein, subject to the availability of funding, and funds are currently available
and encumbered for the Work in the amount specified above. However, the
date by which the State will issue the Notice To Proceed, and the costs for the
Railroad Company to complete that Work in the next 12 months, and the
resulting total funding amount(s) to be provided by the State and the Local
Agency in exchange therefor, as described in this Contract or otherwise made
known to the Railroad Company, are only estimated.
(ii) Therefore, if the State does not issue the Notice To Proceed within that 12
month period, it has the right to unilaterally increase the amount of available
funds under this Contract by executing and issuing a Funding Letter (in a
form substantially equivalent to that in Exhibit E). Provided, however, that
such Funding Letter shall not be deemed valid until it shall have been
approved by the State Controller or such assistant as he may designate.
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2. Written Supplemental Contract. Changes in the terms of this contact may be negotiated
between the parties as described herein and, if acceptable, this contract shall be modified
accordingly by a written supplemental contract authorizing the changes. Any such changes shall not
become effective until the effective date of the written supplemental contract. Requests by the
Railroad Company to change the terms of this contract or any supplemental contract shall be made
in writing prior to performance of the work subject to any request, or to be covered in the
anticipated supplemental contract. Any work on this project that is performed or a change made
without such prior written supplemental contract, authorizing said work or change, shall not be
reimbursed, but shall be deemed to be covered in the compensation and time provisions of this
contract.
3. Contract Funding Letter. The State with concurrence by the Local Agency may from
time to time in a fonn substantially equivalent to that in Exhibit E, and bearing the approval of the
State Controller or his designee, make more funds available on this contract if needed for an
approved increase in the Exhibit C Lump Sum estimate as provided in Article V, Section D above.
The funds availability letter shall not be deemed valid until it shall have been approved by the State
Controller or such assistant as he may designate.
SECTION E. FUTURE USE OF WARNING DEVICES
If, hereafter, by agreement, negotiation, or order of competent public authority, the grade
crossing warning devices are rendered unnecessary, undesirable or improper by closing of said
crossing, by relocation, by separation of grades or by developments or improvements in crossing
protection or otherwise, such devices shall be removed, and if by mutual agreement the grade
crossing warning devices are deemed suitable for reuse at another location, they shall be reinstalled
at that location by the Railroad Company under a separate agreement for relocation among the State,
the Local Agency, and the Railroad Company, 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 Railroad Company.
SECTION F. SPECIAL PROVISIONS
The Special Provisions attached hereto immediately following the signature page are hereby
made a part of this basic contract. For the purpose of interpretation of said Special Provisions, the
Local Agency and the Railroad Company shall each be known as "the contractor."
SECTION G. TERM
The term of this contract, except for the provisions regarding roadway maintenance and
maintenance and future use of warning devices, shall continue through completion and final
acceptance of this project by the State, the Local Agency, and the FHWA. Provided that the
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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 State, the
Local Agency, or the Railroad Company is, by law or otherwise, relieved of such responsibility.
SECTION H. FEDERAL AID PROJECTS
It is understood that the project herein contemplated shall be financed 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. The Railroad Company shall comply with all such federal
laws, rules, regulations, orders and approvals applying to this project.
SECTION I. SUCCESSORS AND ASSIGNS
All of the covenants and provisions hereof shall ;inure to the benefit of and be binding upon
the parties hereto, their successors and assigns.
SECTION J. SIGNATURE AUTHORITY
The Railroad 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 basic contract on behalf of the Railroad Company and to bind
the Railroad Company to its terms.
SECTION K. DIFFERING SITE CONDITIONS
The Railroad Company shall inspect the Work site before providing the Exhibit C Lump
Sum estimate to the State and the Local Agency.
a) The Railroad Company shall promptly, and before such conditions are disturbed, notify
the Local Agency's representative, in writing, of:
(i) Subsurface or latent physical conditions at the site differing materially from those
indicated in this contract; or
(ii)Previously unknown physical conditions at the site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized a;;
inherent in work of the character provided for in this contract.
b) The Local Agency's representative shall promptly investigate the conditions. If he/she
finds that: 1) such conditions do materially so differ and cause an increase or decrease in the
Railroad Company's cost of, or the time required for, performance of any part of the Wort
14
under this contract, whether or not changed as a result of such conditions; and 2)) such
conditions would not have been detected by a reasonable inspection of the Work site, then
an equitable adjustment shall be made and the contract modified in writing accordingly.
c) No claim by the Railroad Company for an equitable adjustment hereunder shall be
allowed if both conditions described above are not fulfilled, or if asserted after final payment
under this contract.
SECTION L. PRICE ADJUSTMENTS
Price Adjustment Method. Any adjustment in the contract Lump Sum amount pursuant to
the application of a clause in this contract shall be made in one or more of the following ways:
(i)by agreement on a fixed-price adjustment;
(ii) in such other manner as the parties may mutually agree.
SECTION M. FORCE MAJEURE
Neither the Railroad Company nor the State nor the Local Agency shall be liable to the other
for any delay in, or failure of performance of, any covenant or promise contained in this contract,
nor shall any delay or failure constitute default or give rise to any liability for damages if, and only
to the extent that such delay or failure is caused by "force majeure." As used in this contract "force
majeure" means fire, explosion, action of the elements, strike, interruption of transportation,
rationing, court action, illegality, unusually severe weather, or any other cause which is beyond the
control of the party affected and which, by the exercise of reasonable diligence, could not have been
prevented by the party affected.
SECTION N. MAINTENANCE
1. Local Agency. 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.
2. Railroad Company. 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
15
installed hereunder, in a proper working condition. In the event any Federal, State, or other funds
become available for use in the operation, maintenance, or repair of the crossing warning devices
installed hereunder, the Railroad Company shall be free to apply for such funds.
SECTION O. 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.
16
Page 1 of 2 Signature Pages
Project SRP C030-016, 11832
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.
STATE OF COLORADO
BILL OWENS, GOVERNOR
ATTEST:
y1 /Di' By
Alt Chief Clerk xecutive Dir ctor
DEPARTMENT OF T NSPORTATION
ATTEST: Lei E/4/)-\ WELD COUNTY, COLORADO
1067
ylQe
BY ..r1 -2 Fz7 I;By
Dale K. Hall ( 3/ 9/99)
Title Deputy Cleric to the B �,.��:. Title Chair
- Federal Employer Identification No.
84-6000813
P. O. Box 758, Greeley, CO 80632
APPROVED:
ARTHUR L. BARNHART KEN SALAZAR
Slate Controller Attorney General
By ��y�, �x *> By
BARRY B. RYAN
Civil Litigation Section
4464 33
Page 2 of 2 Signature Pages
ProjectSRP Cc3<, -CI(F, , I 'k8'52.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year f.rst
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.
ATTEST: r UNION PACIFIC RAILROAD
By � Zw BY J
Title �i t' / C ' Lt Title:
CHIEF ENGINEER
Federal Employer Identification No.
13-6400825
P. O. Box 3400, Omaha,NE 68103
RECEIVED
APR 0 6 1999
WELL RI:L'B;y
PUBLIC WORKS DFPn
RESOLUTION
RE: APPROVE MODIFIED LUMP SUM CONTRACT FOR UPGRADING
HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES ON WELD COUNTY
ROAD 37 UNDER FEDERAL SECTION 130 PROGRAM AND AUTHORIZE CHAIR TO
SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute anc 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 Modified Lump Sum Contract for
Upgrading Highway/Railroad Grade Crossing Warning Devices on Weld County Road 37 under
the Federal Section 130 Program among the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Public Works
Department, the Colorado Department of Transportation, Division of Engineering of
Maintenance, and the Union Pacific Railroad Company, 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 Modified Lump Sum Contract for Upgrading Highway/Railroad
Grade Crossing Warning Devices on Weld County Road 37 under the Federal Section 130
Program among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, the Colorado
Department of Transportation, Division of Engineering of Maintenance, and the Union Pacific
Railroad Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
990633
EG0038
MODIFIED LUMP SLIM CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE
CROSSING WARNING DEVICES ON WELD COUNTY ROAD 37
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of March, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
, LD COUNTY, O RADO
ATTEST: bi ri/,hC j i
afT(. Hall, Chair
Weld County Clerk tc t 1''B, . ,• wn- V j -
BY: LC ��,,,11 , Barbara J. Kirkmeyer, Pro:Tern ./
.P...e2
Deputy Clerk to thee UN It , `-l' %� 7 -);(,,,
George I axter
L.
OV AS O FORM:
. ile
ty Attorney ' 141,4 / 4
/
Glenn Vaad �__-_ )
990633
EG0038
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APR 9 ' 99 17 : 21 FROM UNION PACIFIC RR Y TO 93037579458 PAGE . 002/011
DATE: 1999-04-05
LUMP SUM COST FOR WORK
BY THE
UNION PACIFIC RAILROAD °, C.-
DESCRIPTION OF WORK:
INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS WITH GATES AT:
CO.RD. 37. , M.P. 60. 19. , EATON, CO. ON THE GREELEY SUBDIVISION
PROJECT MANAGER: P.M. OCONNOR 8535-4262
WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW:
SIGNAL - FEDERAL/STATE - 100% LUMP SUM
PID: 28161 AWO: 27527 MP,SUBDIV: 60.19, GREELEY
SERVICE UNIT: 14 CITY: EATON STATE: CO
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
ENGINEERING WORK
ENGINEERING 2096 2096 2096
LABOR ADDITIVE 1551 1551 1551
TOTAL ENGINEERING 3647 3647 3647
SIGNAL WORK
BILL PREP 300 300 300
EQUIPMENT RENTAL 603 603 603
FILL MATERIAL 1000 1000 1000
FOREIGN LINE FREIGHT 1135 1135 1135
LABOR ADDITIVE 13476 13476 13476
MATL STORE EXPENSE 2837 2837 2837
PERSONAL EXPENSES 6708 6708 6708
SIGNAL 18211 56742 74953 74953
TRANSPORTATION CHARGES 3054 3054 3054
USAGE EQUIPMENT 3954 3954 3954
TOTAL SIGNAL 31987 76033 108020 108020
LABOR/MATERIAL EXPENSE 35634 76033
RECOLLECTIBLE/UPRR EXPENSE 111667 0 --------
ESTIMATED PROJECT COST 111667
EXISTING REUSEABLE MATERIAL CREDIT 0
SALVAGE NONUSEABLE MATERIAL CREDIT 0
RECOLLECTIBLE LESS CREDITS
JPRR WILL BILL THE RECOLLECTIBLE AMOUNT SHOWN ABOVE. IN THE EVENT OF UNFORSEEN
;OSTs oR CHANGES IN TEE PROJECT SCOPE, UPRR WILL REQUEST APPROVAL TO BILL THOSE
STEMS AT ACTUAL COST.
APR 9 ' 99 17 : 21 FROM UNION PACIFIC RR Y TO 93037579458 PAGE . aa03/011
FORM 30-1 PAGE 01 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
EST START: 01-01-99 PROJ NO: 28161
EST COMP: 12-31-99 A.N.O. NO: 27527
W-O- NO?
RAILROAD: UPRR CO. R.I. NO: 98EN10
LOCATION: CTY RD 37 EATON CO. GREELEY SUB STATE: CO
DEPARTMENT: ENGINEERING SERVICES SERVICE UNIT: 14 VAL SEC: 0503
INSTALL AUTOMATIC FLASHIIIG LIGHT CROSSING SIGNALS WITH GATES AT:
CO.RD. 37., M.P. 60.19., EATON, CO. ON THE GREELEY SUBDIVISION
PROJECT NANAGER1 P.M. OCOIINOR 8535-4262
WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW;
SIGNAL - FEDERAL/STATE • 100% LUMP SUM
APR 9 ' 99 17 : 21 FROM UNION PACIFIC RR Y TO 93037579458 PAGE . 004/011
FORM 30-1 PACE 02 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
EST START: 01.01-99 PROJ NO: 28161
EST COMP: 12-31-99 A.W.O. NO: 27527
W.O. NO:
RAILROAD: UPRR CO. B.I. NO: 98EN1O
LOCATION: CIY RD 37 EATOM CO. GREELEY SUB STATE: CO
DEPARTMENT: ENGINEERING £'.ERVICES VAL SEC: 0503
SCOPE OF WORK
PROJECT VAL M.P. M.P. JOINT
NUMBER SEC STATE FROM TO SEGMENT FACILITY
28161 0503 CO 60.19 60.19 4655
APR 9 ' 99 17 : 21 FROM UNION PACIFIC RR 1' TO 93037579458 PAGE . 005/011
FORM 30.1 PAGE 03 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
EST START: 01-01.99 PROJ NO: 28161
EST COMP: 12-31-99 A.W.O. NO; 27527
W _ NO,
RAILROAD: UPRR CO. B.I. NO: 98EN10
LOCATION: CTY RD 37 EATON CO. GREELEY SUB STATE: CO
DEPARTMENT: ENGINEERING SERVICES VAL SEC: 050::
LABOR PLAN
GANG GANG TYPE GANG NUMYUR WORK WORK CODE GANG DAYS DIRECT
TYPE DESCRIPTION NIIR IN GANG CODE DESCRIPTION ALLOWED LABOR $
5100055 5 PERSON FOR S 0 5 30004 SIG GENERAL 21.50 16383.00
siGOOS 5 PERSON FOR S 11 5 30014 SIGNAL-GENE 2.40 1828.80
SUB-TOTAL 23.90 18211.80
TOTAL 18,211.80
APR 9 ' 99 17 : 21 FROM UNION PACIFIC RR Y TO 9303757945B PAGE . 09E/011
FORM 30.1 PAGE 04 NORE
WORK OF:DER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
EST START: 01-01-99 PROJ NO: 28161
EST COMP: 12-31-99 A.N.O. NO: 27527
N.O. NO:
RAILROAD: UPRR CO. B.I. NO: 98EN10
LOCATION: CTY RD 37 EATON CO. GREELEY SUB STATE: CO
DEPARTMENT: ENGINEERING E;ERVICES VAL SEC: 0503
STOCK MATERIAL PLAN
ITEM ITEM UNIT DIRECT
NUMBER DESCRIPTION COST OTT UM MAIL S
02040420 BATTERY,GNO,75A9 OR SOA13 183.71 6 EA 1102
02040660 BATTERY,GNB, 75Ai3 OR 50A27 324.19 7 EA 2269
07810000 ASSEMBLY,JACK-4-4'IRE SUTTLE 1.15 1 EA 1
07880400 WIRE, STATION 0-03 20 LF 1
09011240 CABLE TIE, NYLON 1 1/8" MAX. DIA 0.06 200 EA 12
09011980 CABLE TIE, NYLON 3 1/2" MAX. DIA 0-23 20 EA S
09040700 HEAT SHRINKABLE TUBING, .75" DIA. 1.03 10 EA 10
09041120 HEAT SHRINKABLE TUBING, 1.1" DIA. 1.60 5 EA 8
09054360 RELAY, GEN.PURPOEE 120V. TAB 856 12.96 1 EA 13
09057650 ROCKET,P-O 27E122 TAO 836A & 856 2.92 1 EA 3
09065700 TAPE, ELECTRICAL PLASTIC 2.26 2 RL 5
09066900 TERMINAL,SPADE,1C-12 WIRE,#8 STUD 0.33 IC EA 3
09135650 2363 J,SLEEVE,4-E,REDUCING 0.85 10 EA 9
09136370 2367 J SLEEVE,SPLICING,4-4 0.85 10 EA 9
09137100 TERM-LUG 3/16 CABLE-1/4 POST 2412 0.83 50 EA 42
09215100 33466 TERMINAL, RING TONGUE AMP 0.23 24 EA 6
09261570 321527-1 TERMINALd-, TEST 1.12 10 EA 11
09401140 ADAPTER, 4 INCH CARLON PLASTIC 2.27 2 EA 5
09409820 BUSHING, 4" PLASTIC,INSULATING 0.77 2 EA 2
09424920 CONDUIT, 4", PVC., TYPE 40 1.07 60 Li 64
09433590 CONNECTOR, 3/8 INCH STRAIGHT 80 0.09 3 EA 0
09442650 CONNECTOR, 3/4 INCH STRAIGHT BO 1.23 1 EA 1
09446050 CONNECTOR, 1 1/4 INCH STRAIGHT 80 13.63 1 EA 14
09466420 LOCKNUT, 1 1/4 INCH CONDUIT 0.14 1 EA 0
09467930 LOCKNUT, 4 INCH, GALVANIZED 4.08 2 EA 8
09615550 LAMP,INCANDESCEN7,10V.25W. 4.88 7 EA 34
09844170 GROUND ROD, 5/8 INCH X 8 FEET 5.20 10 CA 52
09846750 GRND.ROD CONN. 4WAY ONESHOT. 5.20 10 EA 52
09908640 WIRE,#6 AWG.1 COHD.COPPER,SOLID 0.12 250 LE 30
09912120 WIRE,#6 AUG. 2 COND.(S00' ROLL) 0.80 750 LF 600
09913120 WIRE,#6 AWG.5 COND. (500' ROLL) 1.47 250 LF 368
09915610 WIRE #6 AUG 1 COND COPPER, STRAN 0.38 150 LF 57
09930550 WIRE #10 AWG 1 COND COPPER, STRAW 0.14 1000 LF 140
09932310 WIRE #10 AWG 1 COND COPPER, TWIST 0.32 170 LF 54
09946050 WIRE 014 AWG 7 CCSD CC,(500' ROLL 0.67 250 LF 168
09960090 UIRE #16 AWG 1 CCND COPPER, STRAN 0.07 250 L/ 18
13060230 TOGGLE,SPRING WINS 3/8 0.52 4 EA 2
HPR 9 ' 99 17 : 22 FROM UNION PACIFIC RR 7 TO 93[137579458 PAGE . 007/011
FORM 30-1 PAGE 05 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
EST START: 01-01-99 PROD N0: 28161
EST COMP: 12.31-99 A.W.D. NO: 27527
W.D. No:
RAILROAD: UPRR CO. 8.1. NO: 96CN10
LOCATION: CTY RD 37 EATON CO. GREELEY SUB STATE: CO
DEPARTMENT: ENGINEERING SERVICES VAL SEC: 0503
13552450 SHEET METAL SCREW,#12 X 3/4" 2-20 2 BX 4
13553150 SHEET METAL SC1:EW #12 X 1" 2.96 1 BX 3
17061400 PADLOCK,SIONAL,WITHOUT KET,AMERIC 11.98 7 EA 84
19009970 HOSE,1 1/2 INCH,SIGWAL BOOTLEG 1.17 100 LF 117
28033210 CARTON, 39 1/8tL x 23 1/4"w x 17 3.35 1 EA 3
28033230 CARTON, 47 3/8"L X 39 1/2"w X 18" 7.49 1 EA 7
28041640 PALLET, 46 X 40 INCH 2/WAY 7.87 2 EA 16
35040010 PLASTER OF PARIS, DENTAL GRADE 0.83 25 LS 21
50401560 LUMBER. 2"X4"X 8 FEET 2.04 4 EA 12
52001370 SURGE PROTECTOR SP20-2A TA8 585 70.12 1 EA 70
52005690 MONO WIRE, 7 STRANDS 0.42 125 LF 53
52007040 WER WELD BOND MIRE TK-CIRC.CONNEC 2.41 20 EA 48
52009780 BOOTLEG WIRE CLAMP. 5/8 INCH INSU 1.23 20 EA 25
52016830 WIRE DUCT, 2X3 9.25 16 EA 148
52017510 WIRE DUCT COVER ?" 2.13 16 EA 34
52017620 WIRE DUCT COVER 5"xo, 5.06 1 EA 3
52019530 ENCLOSURE.SNUNT,POLE MOUNTED-24x2 245.03 3 EA 735
52019560 EQUALIZER, H.D. TAB 583 9.22 6 EA 55
52021550 FOUNDATION,4',SIEEL,FOR FLSHR/GAT 204.39 2 EA 409
52025240 HOUSE, 6x6, SIGNAL XING 4061.48 1 EA 4061
52027350 CLIP BOARD - FOR SIGNAL PRINTS 6.54 T EA 7
52027430 STEP BOX 12.89 I EA 13
52027660 INTERFACE,DATA TI:ANSCEIVER #DTI-3 1248.32 1 EA 1248
52028420 LIGHTNING ARRESTOR,CLR-COMM TAB 3 7.02 10 EA 70
52029780 LIGHTNING ARR,HC TAD 582 W/O BASE 9.91 4 EA 40
52030010 LIGHTNING ARRESTOR CONN.STRIP 4.15 2 EA 8
52039210 RECTIFIER,20EC,12V.TA8575 382.74 1 EA 383
52039390 RECTIFIER, 40EC, 12V. TAB577 560.68 1 EA 561
52040400 RESISTOR, ADJUSTABLE, 0.63 OHM 24.86 E EA 199
52040460 RESISTER, ADJ. 5 OHM, TAB 00 12.84 1 EA 13
52042650 POST, MOUNTING, FOR SHUNT HOUSING 8.91 6 EA 53
52045700 SURGE SUPPRESSOR, PRIMARY,#2377.4 10.02 1 EA 10
52070010 TERNINAL,N12-I0 HIRE,RING TONGUE 0.10 300 EA 30
52071600 TERMINAL,#20.16 9IRE,RING TONGUE 0.08 150 EA 12
52072280 TERMINAL BLOCK, SIGNAL 2 POST BAK 2.25 30 EA 68
52072510 TERMINAL BLOCK,SIGNAL 3 POST TEST 6.29 2 EA 13
52072740 TERMINAL BLOCK, SIGNAL 12 POST 6 8.60 6 EA 52
52074550 TEST LINK, INSULATED ASSEMBLY TAB 0.67 24 EA 16
52079550 WIRE TAG, PLASTIC - WHITE 0-08 100 EA 8
52079560 MARKING PENCFOR UNITE TAG) 1.93 1 EA 2
52108120 LED FL/GATE ASSY..? WAY LIGHTS 7215.69 1 EA 7216
52108220 LED-FL/GATE ASSY.LwMM1N45FL&FR 9145.00 1 EA 9145
52109370 GATE ARM. ADJ.16-32' 235.38 2 EA 471
HRH 9 ' d 17 : 22 FROM UNION PACIFIC RR Y TO 93037579458 RHGE . 008i011
FORM 30-1 PAGE 06 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
EST START: 01-01-99 PROJ N0: 28161
EST COMP: 12-31.99 A.W.O. NO: 27527
W.o. NO:
RAILROAD: UPRR CO. R.I. NO: 98EN10
LOCATION: CTY RD 37 EATON CO. GREELEY SUB STATE: CO
DEPARTMENT: ENGINEERING SERVICES val SEC: 0503
52122140 HIGH WINO BRACKEt 5" 63.99 2 EA 128
52136470 SHEAR PIN, SK-1000-1 5.50 2 EA 11
52138310 GUARD LINER PLATE; 84 INCH DIA 252.74 2 ST 505
52139160 GUARD POST, W6 N 8.5 X 6 FEET 35.83 8 EA 287
52203400 DETECTOR, LIGHT OUT, Loo-1 499.19 2 EA 998
52205800 GCP111 NO ISLAND 081KB-80110.OB00 14799.24 1 EA 14799
52240000 IPI MODULE-GCP500002 #80211 1078.00 2 EA 2156
52246000 RESISTOR,47,000 :47K1 OHM .5 WATT 0.22 4 EA 1
52258980 NBS, TAB 640, 62775-8621 491.01 2 EA 982
52262670 DUAL WIDEBAND SHUNT.84077A-TAB711 260.00 2 EA 520
52263600 SURGE ARRESTOR,IIIETER LOOP, 23.88 1 EA 24
52264040 SURCE PANEL-TAB 618 203.99 I EA 204
52276050 CROSSING ANALYZER, HCA-1 1691.96 I EA 1692
52276550 CROSSING MODEM, IXM-1 272A8 I EA 272
52726820 RELAY, FLASHER 1AB 887 318.79 1 EA 319
52728800 RELAY, 81L0. TAD 911 A62-310 275.25 I EA 273
52745830 RELAY,NEUTRAL, E',' TAB 884 & 884A 238-80 2 FA 478
52752390 RELAY,81SR. 3 SEE, TAB 893 425.99 1 EA 426
52773760 RELAY BRACKET, HCILDS 14 B1 RELAYS 300-00 1 EA 300
52776370 RELAY PLUGBOARD,GRS 81,TAB 900 35.20 5 EA 166
52777970 FLAG TERMINAL, FOR CRS, 14.10 0.96 10C EA 96
52778110 FLAG TERMINAL, FCIR GRS, 20-16 1,09 10C EA 109
52779280 RELAY TEST TERM,E:RS 81 TAB770&864 6.90 5 EA 35
52959000 POWER TAP MATERIPL 1000.00 1 EA 1000
53311400 EXTRACTOR FOR "SiTERMINALS P3-308 9-89 1 EA 10
53311510 TEST NUT WRENCH. GRS #P3-320 15.31 1 EA 15
53623340 BATTERY CHOKE-TAB 706 167.99 1 ER 168
53648010 INSULATING CAP & SHIELD ASSY, 2.07 10 EA 21
53918230 BOND WIRE CLIP, SBA-248 1.42 20 EA 28
TOTAL 56,747
HN 1 db 11 : LL FROM UNION PACIFIC RR Y TO 93037579458 PAGE . 009/011
FORM 30-1 PAGE 07 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
EST START: 01-01.99 PROD N0: 28161
EST COMP: 12.31.99 A.Y.O. NO: 27527
W.O. NO:
RAILROAD: UPRR CO. 8.1. NO: 9HEN70
LOCATION: CTY RD 37 EATOM. CO. GREELEY SUB STATE: CO
DEPARTMENT: ENGINEERING S.ERVICE5 VAL SEC: 0503
JOB ACCT UNIT TOTAL CHRGABLE TO
NO. NO. DESCRIPTION OTY UM COST LABOR MATERIAL P.I. O.E. OTHER
! !VAL SEC: 0503 ! I ! I ! I ! !
! I** NON JOINT FACILITY **! ! I ! ! ! ! !
! I I ! !
! I I
!
I I ** MAIN LINE " I ! !
I ! I f 1
1 1709 ! ENGINEERING ! I I I 2096! ! ! f
! ! LABOR ADDITIVE 74% ! ! ! ! 15511 ! !
! !
! ! ! I I
! I JOB TOTAL r ! I I !709-0010-0000D
! ! ! ! 3647! ! I3647
I
! I I
6 I OZ7 ! SIGNAL ! I ! !
1 I SIC-NWY XNC W/C 34004! I! 56742 I !
107!MD! ! 10383! I 1
I ! SIG.-HWY.CRO W/C 34014! 121MD! I 1828! I !
! I EQUIPMENT RENTAL I ! I ! ! 603! !
! ! PERSONAL EXPENSES I ! I ! I
6708! ! 1
I I FILL MATERIAL ! 1 ! I ! 1000! I !
! I FOREIGN LINE FREIGHT I I I I I 1135! I !
! ! TRANSPORTATI011 CHARGES ! I I ! !
3054!
I ! USAGE EQUIPMENT I ! I ! ! 3954! ! !
! ! BILL PROP ! ! ! ! 300! I !
1
! I NATL STORE iXPENss ! ! ! I I 2837! I I
I I LABOR ADDITIVE 74 I I ! ! 1!4761 I 1 !
I ! I ! I I
I I I I
I I I I I I I I I
1 I JOR TOTAL I 1709-0010.02000
! 31987!
1 ! I I I I 760331 ! ! 108020
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I !PROJECT TOTALS 28161 I I 35634! 76033! !
•-- ••-• ! 111667
APR S ' 95 17 : 22 FROM UNION PACIFIC RR TO 93037579458 PAGE . D10,O11
FORM 30-1 PAGE 08 MORE
WORK ORDER AUTHORIZATION-DETAII. OF ESTIMATED EXPENDITURES
EST START: 01.01-99 PROJ NO: 28161
EST COMP: 12-31-99 A.W.O. NO: 27527
M.O. NO:
RAILROAD; UPRR CO. B.I. ND: 98EN10
LOCATION: CTY RD 37 EATON CO. GREELEY SUB STATE: CO
DEPARTMENT: ENGINEERING S!RYICES VAL SEC: 0503
JOB ACCT UNIT TOTAL CHRGABLE TO
NO. NO. DESCRIPTION UTY UM COST LABOR MATERIAL P.I. O.E. OTHER
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I !ESTIMATE TOTALS ! I I ! 35634! 76033! I ! 111667
ESTIMATED BY: ESGN005 CI)#; 76794 00 TOTAL ESTIMATED EXPENITURES: $111,667
44
DATE! 04.05-1009 AGE
ROVES BY, APPROVED BY:
APR 9 ' 99 17 : 23 FROM UNION PACIFIC RR TO 93037579455 PRGE . 011 /011
FORK 30-1 PAGE 09 LAST
WORK ORDER AUTNORIZATION-DETAIL OF ESTIMATED EXPENDITURES
EST START: 01-01-99 PROJ NO: 28161
EST COMP: 12-31-99 A.W.O. NO: 27527
W-0. NO:
RAILROAD: UPRR Co. B.I. NO: 98EN10
LOCATION: CTY RD 37 EATON CO_ GREELEY SUP STATE: CO
DEPARTMENT: ENGINEERING SERVICES VAL SEC: 0503
ESTIMATED CREDIT TO 'RESERVE FOR ROAD PROPERTY TO BE RETIRED AND REPLACED' $
ESTIMATED CREDIT TO 'RESERVE PROPERTY RETIRED AND NOT TO BE REPLACED* $
ESTIMATED CREDIT TO 'EQUIPMENT RETIRED' S --'---"-
ESTIMATED CREDIT TO S ------
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ESTIMATED SY: ESGN005 CI11N: 76794 000
DATE! 04-05.1009 APPROVED ay: APPROVED BY:
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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 with Regulations. The Contractor will comply with the Regulations of the
Department of Transportation relative to nondiscrimination in Federally-assisted programs of the
Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as
the "Regulations"), which are herein incorporated by reference and made a part of this contract.
B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and
prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental
or physical handicap or national origin in the selection and retention of Subcontractors, including
procurement of materials and leases of equipment. The 'Contractor will not participate either directly
or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix C of the Regulations.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurement of materials or equipment, each potential
Subcontractor or supplier shall be notified by the Contractor of the Contractors' obligations under this
contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or
physical handicap or national origin.
D. Information and Reports. The Contractor will provide all information and reports required
by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by the
State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or
the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the
FHWA may determine to be appropriate, including, but not limited to:
(1) Withholding of payments to the Contractor under the contract until the Contractor complies,
and/or;
(2) Cancellation, termination or suspension of the contract, in whole or in part.
F. Incorporation of Provisions. The Contractor will include the provisions of Paragraphs A
through F in every subcontract, including procurement of materials and leases of equipment, unless
exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take
such action with respect to any subcontract or procurement as the State or 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.
COLORADO.DEPARTMENT OF TRANSPORTATION AUTHORITY:
CONTRACT FUNDING INCREASE/DECREASE AND APPROVAL LETTER State Controller Policy letter on June 12, 1996
Region: Complete section 1 and submit to CDOT Controller's office. COOT Controller letter on May 23, 1996.
This form to be used for the following contracts/situations only(check the appropriate situation):
' _indefinite quantity, order more/add more _utility/railroad, underestimated total cost a
_CDOT construction, sum of CMO's LA construction, underestimated cost is
O t& 66 $
CDOT construction, underestimated total cost _CDOT consultant, underestimated cost
SECTION 1 (Region use)
Date:
Project code
' To: CDOT Controller(FAX #(303) 757-9573 or e-mail CONTROLLER) Project #
From: Office: Phone # FAX #
Region it
i
i COOT has executed a contract with:
Address:
FEIN # Contract routing # COFRS encumbrance it(indicate PO,SC or PG it)
Fund Orgn. Appro. Pigrm. Func. ObJect/Sub-obJ N/P GBL Reporting Catg. Pro3/Sub/Phase
Original contract amount Has a Budget Request been processed to cover the contract amount increase?
$ _yes no
I Previous Funding Letter(s) total Preparer's name
(Funding latter rt mru♦,i PHONE NO:
This Funding Letter total Contract Administrator'sBusiness Manager's Approval
PHONE NO:
Adjusted contract amount CDOT Designee Approval
Local Agency approval
SECTION 2 (Controller's Office use)
Total allotment amount Commission budget
$ $
If construction: CE charges Indirect chgs Adjusted contract amount plus total CE&Indirect
CE pool elig. $ $ charges calculation$
I have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover
this increase, effective as of
State Controller or Delegee Date
CDOT Form 11186a
7/n7
• COLORADO DEPARTMENT OF TRANSPORTATION AUTHORITY:
,ONTRACT FUNDING INCREASE/DECREASE AND APPROVAL LETTER State Controller Policy letter on June 12, 1996
Region: Complete section 1 and submit to CDOT Controller's office. CDOT Controller letter on May 23, 1996.
This form to be used for the following contracts/situations only(check the appropriate situation):
_indefinite quantity, order more/add more __utility/railroad, underestimated total cost -5 ) .,
_CDOT construction, sum of CMO's LA construction, underestimated cost It� E f
_CDOT construction, underestimated total cost _ CDOT consultant, underestimated cost
SECTION 1 (Region use)
Date: Project code
To: CDOT Controller(FAX #(303) 757-9573 or e-mail CONTROLLER) Project#
From: Office: Phone # FAX #
Region #
CDOT has executed a contract with:
Address:
FEIN # Contract routing# COFRS encumbrance•(Indicate PO,SC or PG it)
Fund Orgn. Appro. Prgrm. Func. Object/Sub-cbj N/P GBL Reporting Catg. Proj/Sub/Phase
Original contract amount Has a Budget Request been processed to cover the contract amount increase?
$ yes_no
I
i Previous Funding Letter(s) total Preparer's name
(Funding beer er mN e_J PHONE NO:
This Funding Letter total Contract Administrator's/Business Manager's Approval
(x_) PHONE NO:
Adjusted contract amount CDOT Designee Approval
Local Agency approval
SECTION 2(Controller's Office use)
Total allotment amount Commission budget
$ $
If construction: CE charges Indirect chgs Adjusted contract amount plus total CE&indirect
CE pool elig. $ $ charges calculation$
I have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover
this increase, effective as of
State Controller or Delegee [Date
COOT Form 91186a
7/97
Hello