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Home My WebLink About20220561.tiffRESOLUTION RE: APPROVE RAILROAD HIGHWAY GRADE CROSSING CLOSURE AND MAINTENANCE AGREEMENT FOR COUNTY ROAD 33 AND AUTHORIZE CHAIR TO SIGN - UNION PACIFIC RAILROAD (UPRR) COMPANY, AND THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) 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 Railroad Highway Grade Crossing Closure and Maintenance Agreement for County Road 33, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, the Union Pacific Railroad (UPRR) Company, and the Colorado Department of Transportation (CDOT), commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Railroad Highway Grade Crossing Closure and Maintenance Agreement for County Road 33 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, the Union Pacific Railroad (UPRR) Company, and the Colorado Department of Transportation (CDOT), be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of February, A.D., 2022. BOARD OF COUNTY COMMISSIONERS ��,,��,,// WE COUNTY, COLORADO ATTEST: dxJ%/ G •Gto•� tt K. James, Chair Weld County Clerk to the Board n 7 l- L puty Clerk to the Boa County Date of signature: an, c, rry L. B teve Moreno �I ot Lori Saine 2 cc: pW (.ER/cal/na) 2022-0561 EG0080 LAN /22 H191 /22 C�can-Wo,G,+lP1 i 55w^1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: UPRR WCR 33 Closure & Maintenance Agreement DEPARTMENT: Public Works DATE: January 17, 2022 PERSON REQUESTING: Elizabeth Relford Brief. description of the problem/issue: On July 14, 2021, the Public Utilities Commission (PUC) approved the application filed jointly by CDOT on the Board's behalf along with Union Pacific Railroad (UPRR) for the railroad crossing closure of WCR 33. As previously discussed, the Board will enter into a closure and maintenance (C&M) agreement with UPRR, which doesn't become effective until the railroad crossing closure is completed. The attached agreement is consistent with all the other C&M agreements you have approved and has been reviewed and approved by the County Attorney's office. WCR 33 was not part of the Group 1 closures identified on the Board's Resolution from September 17, 2018 because these closures were always tied to the Peckham interchange improvements. The railroad closure of WCR 33 is planned as part of the Peckham improvements. CDOT has selected Jalisco International, Inc. to construct the improvements with the contract anticipated to be complete by the end of 2023. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Allow the attached agreement to be placed on the 1/26/2022 BOCC agenda for signature. • Request a work session to discuss. Recommendation: This closure and maintenance agreement is the same as previous ones approved by the BOCC, therefore, staff recommends approval of this agreement. Approve Schedule Rec endation Work Session Other/Comments: Perry L. Buck Mike Freeman Scott K. James Steve Moreno Lori Saine ___`^�. 2022-0561 UPRR Folder 3082-96 CROSSING CLOSURE AND MAINTENANCE AGREEMENT RAILROAD HIGHWAY GRADE CROSSING CLOSURE PUBLIC GRADE CROSSING USDOT NO. 804351W COUNTY ROAD 33 RAILROAD MILEPOST 42.09, GREELEY SUBDIVISION, WELD COUNTY, STATE OF COLORADO THIS CROSSING CLOSURE AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into this j 1day of , 20 ZZ ("Effective Date") by and among UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"), WELD COUNTY, a political subdivision of the State of Colorado ("Public Authority"), and THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT"). RECITALS In coordination with CDOT, the Public Authority desires to permanently close the at - grade public road crossing for County Road 33 at Railroad Milepost 42.09, DOT No. 804351 W in Weld County, State of Colorado on Railroad's Greeley Subdivision (the "Roadway"). AGREEMENT NOW THEREFORE, It is mutually agreed by and among the Railroad, CDOT, and the Public Authority as follows: SECTION 1. The Public Authority shall take all actions necessary to permanently close and vacate the Roadway, easement and/or any other rights across the Railroad's property, including without limitation all filings and approvals required by the Colorado Public Utilities Commission. SECTION 2. Prior to the Railroad performing any work described herein, Public Authority shall provide to Railroad a copy of the Ordinance or Resolution duly passed and adopted by the Public Authority that authorizes and directs the permanent closure of the Roadway. SECTION 3. Without limiting CDOT's and Public Authority's obligations described in this Agreement, it is anticipated that CDOT and Public Authority will enter into an 4819443 Pagss: 1 of 8 04/18/2022 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111I�Pi� Til Yil�lbii�l��'�i�lWiKYl11111 intergovernmental agreement that, in part, sets forth CDOT's and Public Authority's responsibilities to each other hereunder. SECTION 4. The Railroad, at CDOT's expense, agrees to remove the railroad crossing surface and warning devices (crossbuck signs, etc.) that currently exist on the Railroad's right-of- way, together with any other work designated to be performed by Railroad on the plans marked Exhibit A, attached hereto and hereby made a part hereof (the "Plans"), upon the receipt of the above mentioned statement and copy of the Ordinance or Resolution and subject to the completion of the activities of the Public Authority and CDOT described in Section 5, below. SECTION 5. A. Prior to the Railroad's performance of work described herein, CDOT, at its expense, shall (i) remove all Roadway approach surfaces up to the track tie ends, and (ii) install, maintain, repair and renew permanent barricades on both sides of the Roadway at the locations shown on the Plans, and (iii) perform all other work designated to be performed by CDOT on the Plans, in each case in compliance with the Plans and all applicable standards and guidelines contained in the current Manual on Uniform Traffic Control Devices ("MUTCD"). B. Public Authority and CDOT, at CDOT's expense, shall also remove existing street signs and provide new advance street signs and pavement markings to indicate that the Roadway is closed, as designated to be performed by CDOT and Public Authority, as applicable, all in compliance with the Plans and applicable current MUTCD standards and guidelines. SECTION 6. Following installation of the improvements contemplated by the Plans: A. CDOT shall maintain all advance street signs and pavement markings installed by CDOT, and all permanent barricades that are installed on County Road 33 between the Railroad right-of-way and U.S. Highway 85, including those on the Railroad's right-of-way; and B. Public Authority shall maintain all advance street signs and pavement markings installed by Public Authority, and all permanent barricades that are installed on County Road 33 on the side of the Railroad opposite from U.S. Highway 85, including those on the Railroad's right-of-way. Neither CDOT nor Public Authority shall enter Railroad's property to perform the maintenance work described herein unless such party enters into a Railroad -approved form of Contractor's Right of Entry, maintenance consent letter, or other written authorization by Railroad permitting such party to enter the property to perform such work. SECTION 7. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties (and each party's permitted successors and assigns), and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any 4819443 Pages: 2 of 8 04/18/2022 10:68 AM R Fee:$0.00 2 Carly Koppes, Clark and Recorder, Weld County , CO mill �s��N�CGf�G�V�+9ti'IV: N'1:IN�hi� r, ft ',��W k 11111 DocuSign Envelope ID: 946A0443-3873-4577-95F1-9AF6E13E825A other person not included in this Agreement. It is the express intention of the undersigned parties that, with the exception of the undersigned parties (and each party's permitted successors and assigns), any entity receiving services or benefits under this Agreement shall be an incidental beneficiary only. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 4819443 Pages: 3 of 8 04/18/2022 10:58 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO liii Z h '1�4'# I i 11111 DocuSign Envelope ID:946A0443-3673-4577-95F1-9AF6E13E825A IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY By: rct c*. l T— 3/10/2022 Printed Name: Kenneth Tom Title: Manager I, Engineering - Public Projects WELD OUNTY By: Print Name: Scott K. James Title: BOCC Chair FEB 1 6 2022 COLORADO DEPARTMENT OF TRANSPORTATION Digitally signed by Stephen By. Stephen HarelsonDate: 2022.01.01 Harelson , 06,00, Printed Name: Title: Signature Page to Crossing Closure and Maintenance Agreement (County Road 33) c24 2 del 4819443 Pages: 4 of 8 04/18/2022 10:56 AM R Fee:$0.00 Carly Koppel, Clark and Recorder, Weld County , CO mill 4rF11AI ITM' '� L Wh" II II EXHIBIT A (ATTACHED HERETO) 4819443 Pages: 5 of 8 04/18/2022 1056 AM R Fee;a0.00 Carly Kappa., Clark and Raoordar, Wald County , CO mill 1I II1 Exhibit A to Crossing Closure and Maintenance Agreement (County Road 33) -•A� M ��aNa __ w N 'a � nm !u -u :WC Wa3M 0 . 10 - F � B GO ryas n 0 C AT ? n i:c C3 NOTES: • I. CONCRETE BARRIERS SHALL BE OFFSET A MINIMUM OF 25 FEET FROM NEAREST RAIL. 2. FIXED BARRICADES SHALL BE OFFSET AN ADDITIONAL 5 FEET FROM THE CONCRETE Knows M6ls� L BARRIERS (AWAY FROM THE TRACKS). Wbdaefeua& 3. WORK WITHIN RAILROAD RIGHT -CF -WAY REQUIRES RIGHT OF ENTRY FROM UPRR. 4. WORK WITHIN 25 FEET OF TRACK REQUIRES FLAGGER FROM UPRR OR APPROVED — — — — CONTRACTOR. (REMOVE GROUND SIGNI 5. AREAS WHERE APPROACH PAVEMENT/MATERIAL HAS BEEN REMOVED SHALL BE GRADED I I MID FINALLY STABILIZED PER UPRR REQUIREMENTS. R R 6. CROSSING MATERIAL, CROSSBUCKS, RAILROAD GATES, AND SIGNAL BUNGALOWS, WHERE PRESENT, SHALL BE REMOVED BY UPRR FORCES. I W10-1 I I � J — .f (REMOVE GROUND SIGN ; r '/ STOP I I-- RI -1 - i.'> REIAOVAL OF CROSSBUCKS 1 / (BY UPRR) I a..arts - -// C)L8JE REMOVAL OFASPHALT (12206 SF) F OF CONCRETE BARRIER (TEMPORARY) t,MARKERS (OM4-1) (3 EA)STALL PERMANENTRRICADE (TYPE 3 F -B) WITH R11-2 "ROAD CLOSED" / - . .�. SIGN (SEE BARRICADE DETAIL 2) / / —1 c yam" iJy QQ / .es:. 9.k goo . -. Print Dote: Il/!1/2019 Sheet Revisions File Name: 223370DE5_WCR 33-PLNOI.dgn Colorado Deportment of Transportation 9 Dote: Comments [nit. Hariz. Scole: 1:200 Vert. Scale: As Noted Q 10601 West 10th Street 4FHaIJRG 6300 South Syraaase w,y, sn boa Q • Greeley, CO 80634 HOLT & Phone J21.1440 O Phone:970-350-2228 FAX: 970-350-2181 uLLEVIG vniwkl4j€NG.corr Region 4 LK Pr / :UPRR / (TYP) , / SEE CROSSING DETAIL Q�s INSTALL PERMANENT BARRICADE (TYPE 3 F -B) / WITH WI -6 SIGN / (SEE BARRICADE DETAIL 3) INSTALL 20 LF OF CONCRETE -BARRIER (TEMPORARY) AND OBJECT MARKERS (0144-I)(3 EA) REMOVALOF CROSSBUCKS REMOVAL OF CROSSING MATERIAL BY UPRR (BY �V I (REMOVE GROUND SIGN( .. STOP j 'REMOVE GROUND SIGNII I Rl-1 - W10-1 I • REMOVAL RR J N CROSSING MARKINGS I1 M L) Q U 3 - 0' too 200 400 As Constructed WELD COUNTY WCR 33 WORK ROAD CLOSURES CLOSURE PLAN - STAGE l TO BE DONE BY COOT Project No./Code No Revisions: NHPP 0853-108 Revised: Designer: MBAR Structure Numbers 22370 Detwiler: NC Void: Sheet Number Sheet Subset: ROADWAY Srbset Sheets: PL -01 of 02 cm WCR 33 CROSSING DETAIL — — — — — — — — — — — — — — — SB US 85 — — — — — — — r — — — NB US 85 — — — — FRONTAGE RD INSTALL PERMANENT BARRICADE (TYPE 3 F -B) WITH WI -6 SIGN EDGE OF TRAVELED WAY (SEE BARRICADE DETAIL 3) - - - - - INSTALL 20 LF OF CONCRETE BARRIER (TEMPORARY) AND OBJECT MARKERS (0M4-1) (3 (A) f' �C CLEAT ZONE LINE ro n; z APPROXIMATE UPRR ROW LINE (TVP) ^r i 5� INSTALL 20 LF OF CONCRETE BARRIER 2584 IN (TEMPORARY) AND OBJECT MARKERS FROM RAIL (OM4-O (3 EA) e INSTALL PERMANENT BARRICADE (TYPE 3 F -B) ` PRIVATE ACCESS WITH RII-2 "ROAD CLOSED" SIGN (SEE BARRICADE DETAIL 2) 0' JO e0' 120• Print Date: 10/24/2019 0 Sheet Revisions Colorado Deportment of Transportation 10601 We 5110th Street - CroNey, CO 80634 Phone:970-350-2228 FAX:970-350-2181 Re9 Ion 4 LK As Constructed WELD COUNTY ROAD CLOSURES WCR 33 CROSSING DETAIL Project No./Code 1 File Name: 223700ES_Del33.dgn Dote: Comments Init. Na Revisions: NHPP 0853-108 Horiz. Scala: 1:60 Vert. Scale: As Noled S.SBG 6300 South Syracuse Way. Suhe 600 Cenunnhl co 00111 HOLT • Phone: 303721.1440 ULLEVIG . .FHUENGmm Revised: Designer: MBM structure Numbers 22370 Detoiler: AIC Void: Sheet Number Sheet Subset: DETAILS Sbset Sheets: OT -01 of 01 lunw what's below. Call before you dig. FIXED TYPE 3 BARRICADE (RFD) LOCATION OTY LENGTH SEE DETAIL WCR WCR 33 33 (NORTH) (SOUTH) 1 1 24' 244 3 2 WCR WCR 44 44 (WEST) (EAST) 1 1 24' 24' 3 2 NOTES: I. SEE TABULATION OF SIGNS FOR INFORMATION REGMDING OBJECT MARKERS (O144 -I) F r 1r CONCRETE BARRIER (TEMPORARY) 24' 2. SIGNS TO BE BUILT IN ACCORDANCE WITH THE MUTCD AND STO. S-630-2 ROAD F11-3 CLOSED 3. SEE S-630-2 FOR ADDITIONAL NOTES REGMDING FIXED AND MOVABLE BARRICADES WI -s FIXED DETAIL SEE S-630-2 FOR MOVABLE SKIDS DETAIL 3 LEFT TURN ONLY TYPE i 0 n DETAIL I INTERSECTION TYPE 0 Pd, DETAIL 2 DEAD END TYPE Print Dole: 10/24/2019 Sheet Revisions WELD COUNTY ROAD CLOSURES Project No./Code I Colorado Deportment of Tronsportation As Constructed j File Name: 22370DES_Det2_Group 2_Peckhom.dgn Date: Comments Ind. BARRICADE AND BARRIER DETAIL Horiz. Scale: 1:60 Vert. Scale: As Noted Na Revisions: NHPP 0853-108 10601 West 10th Street F�MG ON burn Spare Way sire Mq Q Greeley, CO 80634 Revised: Designer: IIBM Structure 22370 HOLT & Crn_Mco loll' Phone: 970-350-2228 FAX: 970-350-2181 umbers Rn,L )0.721.1440 0 " Detoiler: MBAR ULLEVIG ..aFM1mGe Region 4 LK Void: Sheet Subset: DETAILS Smsel Slleels: Dt-02 of 02 Sheet Numbs New Contract Request Entity Information EntityName* Entity ID* UNION PACIFIC RAILROAD COMPANY O005748 ❑ New Entity? Contract Name* Contract II) UPRR CLOSURE AND MAINTENANCE AGREEMENT - WCR 33 5567 TTTL Contract L * ERELFORD Contract Lead Email erel ford@co.weld.co. tr s Parent Contract I® Contract Description AGREEMENT BE1WEEN WEW CC&JNTY AND UPRR FOR A CLOSURE AND MAINTENANCE AGREEMENT OF WCR 33 RAILROAD CROSSING. Contract Description 2 Contract Type * Department AGREEMENT PUBLIC WORKS Amount* Department Email $0.00 CM- PtrbhcWorks@weldgov.coni Renewable NO Department Head Email CM-Prrbli orrks- tic Rnewal eldgov.com DeptHead@weldgov.com Grant County Attorney GENERAL COUNTY ATTORNEY EMAIL IGA county Attorney Email CM- COUNTYATTORNEYWELDG OV,COM If this is a ren.ewal enter previous Contract ID If this is part of a M5A enter MSA Contract ID Requested Agenda Due Date Date* 02, 12,/2022 02," 16/20122 Will a work session with BOCC be required?°# NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnRase Contract Dates Effective e * Renewal Date 02O11 ,12023 Termination Notice Period Committed Delivery Date Expiration Date 02,,16!2023 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Contact Type Contact Email Contact Phone 1• Purchasing Approved Date Contact Phone 2 Approval Process Department Head Finance Approver Legal Counsel JAY MCDONALD CHERYL PATTELL6 KARIN MCDOUGAL DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/0912022 02:10/2022 0210:2022 Final Approval BOCC Approved Tyler Ref # AG 021622 8OCC Signed Date BOCC Agenda Date 02,162022 Originator ERELFORD Hello