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Home My WebLink About20220562.tiffRESOLUTION RE: APPROVE RAILROAD HIGHWAY GRADE CROSSING CLOSURE AND MAINTENANCE AGREEMENT FOR COUNTY ROAD 44 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 44, 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 44, 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 ��,,��,,// WEL COUNT OLORADO ATTEST: jl je:� S K. James, Chair Weld County Clerk to the Board ` - Mi man, Pro -T BY: Deputy Clerk to the Board erry L. k APP D AS T ,. »�� teve Moreno ounty Attorney ® �►... on Saine Date of signature: CC : p& (ER/c4 JDD) 2022-0562 4 �14 [22 EG0080 4/21/22 Comma& tt i65(oF� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: UPRR WCR 44 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 44. 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 44 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 44 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 Recommendation Perry L. Buck Mike Freeman Scott K. James Steve Moreno Lori Saine Schedule Work Session Other/Comments: 2022-0562 OZ/lU E& 00O Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: isaine@wetdgov.com Website: www.co.weld.co.us In God We Trust Lori Saine Tuesday, January 18, 2022 9:14 PM Karla Ford RE: 2nd Request Please Reply: UPRR Closure & Mtnc Agrmt - WCR 44 Pass Around Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weldgov.com> Sent: Tuesday, January 18, 2022 2:57 PM To: Lori Saine <Isaine@weldgov.com> Subject: 2nd Request Please Reply: UPRR Closure & Mtnc Agrmt - WCR 44 Pass Around Importance: High Karla Ford A Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford ar weldgov,com :: www.wetdgov.com :: **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** I UPRR Folder 3082-97 CROSSING CLOSURE AND MAINTENANCE AGREEMENT RAILROAD HIGHWAY GRADE CROSSING CLOSURE PUBLIC GRADE CROSSING USDOT NO. 804352D COUNTY ROAD 44 RAILROAD MILEPOST 42.38, GREELEY SUBDIVISION, WELD COUNTY, STATE OF COLORADO THIS CROSSING CLOSURE AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into this -day of cUYL , 20Z ("Effective Date") by and among UNION PACIFIC RAILROAD COMPANV, 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 44 at Railroad Milepost 42.38, DOT No. 804352D 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 4819444 Pages: 1 of 8 I 04/18/2022 10:56 AM R Fe.:$0.00 Carly Koposi, Clsrk and Rsoord.r, Weld County CO MITI '4h L' &i I(II 11111 c2022 2 - o�� 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 44 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 44 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 4819444 Pages: 2 of 8 2 04/18/2022 10:56 AM R Fee:$0.00 Carly Koppeu, Clark and Reoorder, Weld County , CO mill l 11111 DocuSign Envelope ID: 403A3DC1-402D-4B90-AA2D-2C74F78B7105 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] 4819444 Pages: 3 of 8 04/18/2022 10:56 AM R Fee:$0.00 Carly Kopp.., Clark and Recorder, Wald County , CO mill NPOIN=iii' 1I III DocuSign Envelope ID: 403A3DC1-402D-4890-AA2D-2C74F78B7105 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY � ** T« 3/10/2022 By: Printed Name: Kenneth Tom Title: Manager I, Engineering - Public Projects WELD C UNTY By: Print ame: Scott K. James Title: B0CC Chair FEB 16 2022 COLORADO DEPARTMENT OF TRANSPORTATION Stephen Digitally signed by Stephen By: Harelson Prin aJ'� SOn Date: 2022.04.01 16:24:33 -0600' Title: lY 1C o'1Dow - O-IT&eZ, Signature Page to Crossing Closure and Maintenance Agreement (County Road 44) 4819444 Paws: 4 of 8 04/18/2022 10:88 AM R Fee:$0.00 Carly Kappa., Clark and Recorder, Wald County , CO mill �U�.rPGEL� II�IIIriRIM I YA L IVA 11IYII��+i� It Ji 1i4 11111 NOTES: /vY 1. CONCRETE BARRIERS SHALL BE OFFSET A MINIMUM OF 25 FEET FROM NEAREST RAIL. i • 2. FIXED BARRICADES SHALL BE OFFSET AN ADDITIONAL 5 FEET FROM THE CONCRETE rIi BARRIERS (AWAY FROM THE TRACKS). 3. WORK WITHIN RAILROAD RIGHT-OF-WAY REQUIRES RIGHT OF ENTRY FROM UPRR. . 4. WORK WITHIN 25 FEET OF TRACK REQUIRES FLAGGER FROM UPRR OR APPROVED CONTRACTOR. F. 5. AREAS WHERE APPROACH PAVEMENT/MATERIAL HAS BEEN REMOVED SHALL BE GRADED AND FINALLY STABILIZED PER UPRR REQUIREMENTS..... 6. CROSSING MATERIAL, CROSSBUCKS, RAILROAD GATES, AND SIGNAL BUNGALOWS, WHERE PRESENT, SHALL BE REMOVED BY UPRR FORCES. e N 1 . REMOVAL OF CROSSING MATERIAL 1� Print Date: 11/11/2019 File Name: 223370DES_WCR 44-PLNOI.dgn Date: Horiz. Scale: 1:200 Vert. Scale: As Noted Q FELSBURG 6300 sow, syr.cum Way. sue. 600 Q t 'HOLT 8 phone, 303.111.1440annbtcO 11 0 ULLEVIG >wn.FHUENG.cum / INSTALL PERMANENT L — BARRICADE (TYPE 3 F -B) WITH RII-2 ROAD CLOSED" SIGN (SEE BARRICADE DETAIL 2) I rcevlslons Colorodo Deportment of Tronsportotion 10601 West 10th Street ®®No Greeley, CO 80634 Phone: 970-350-2228 FAX: 970-350-2181 " Region 4 LK As Constructed WELD COUNTY ROAD CLOSURES WCR 44 CLOSURE PLAN WORK TO BE DONE BY COOT Project No./Code Comments Init. Revisions: NHPP 0853-108 Revised: Designer: M8U 9 Structure 22370 Detailer: AMC Void: Sheet Number Sheet Subset: ROADWAY SWsel Sheets: PL -1 of 02 EXHIBIT A (ATTACHED HERETO) E xhibit_A to_Crossina Closure 4819444 Pages: 6 of 8 04/18/2022 10:56 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County , CO iiiNFL � 1i�� ,I", h'jicl�,4r n i� i�'Iw�4IR and Maintenance Agreement (County Road 44) -ns0 O A =��N ca to 0 N � O N r� � ro7B s a WON C a a 0AJ —saw SOD Se. --e a — O a � ZeC L O 0 t 0 WCR 44 CROSSING DETAIL ,' Kroer what! rouma / / / / / / / / APPROXIMATE UPPR / ROW LINE (TYP) /' /// / EDGE OF TRAVELED WAY // / / / oe o, // aQ ,' l INSTALL PERMANENT / J� (7� / ,' INSTALL 20 LF OF CONCRETE WITH RLI-2 "ROAD CLOSED" SIGN (SEE BARRICADE DETAIL 2) /�0. GZ` BARRIER (TEMPORARY) AND OBJECT MARKERS (0M4 / 4, , -t) (3 EA) /.. ,5, / _ _ / •/158' 4, 295' / WCR 44 Q �is / INSTALL 20 LF OF CONCRETE / / 9 BARRIER (TEMPORARY) MID OBJECT MARKERS (0M4-1)(3 EA) INSTALL PERMANENT , BARRICADE (TYPE 3 F -B) WITH W1-6 SIGN / / N (SEE BARRICADE DETAIL 3) , / CLEAR ZONE LINE L__I / / / 0 30' W' 1211' Print Date: 10/24/2019 Sheet Revisions Colorado Deportment of Transportation As Constructed WELD COUNTY ROAD CLOSURES Project No./Code 1 File Name: 22370DES_Det44.dgn Date: Comments Init. WCR 44 CROSSING DETAIL Hori2. Scale: 1:60 Vert. Scale: As Noted 0 10601 West 101h Street No Revisions: NHPP 0853-108 Revised: Designer: ieu Structure 22370 FEL5ELIRG 6300 South Syracuse Way, Suite £0 Q Greeley, CO 80634 ®® / HOLT A Phone nut CO 80111 Phone: 303/21.1440 O Phone; 970-350-2228 FAX: 970-350-2181 Numbers DCIaIIGC A31C Void: Sheet Number LILLEVIG www.FHUENGcom Region 4 LK Sheet Subset: DETAILS Subset Sheets: OT -01 of 01 FIXFn TYPE 3 AARRICAJF (RFD) LOCATION QTY LENGTH SEE DETAIL WCR WCR 33 33 (NORTH) (SOUTH) 1 1 24 24' 3 2 WCR WCR 44 44 (WEST) (EAST) 1 1 24' 244 3 2 NOTES: I. SEE TABULATION OF SIGNS FOR INFORMATION REGARDING OBJECT MARKERS (OM4-1) 2. SIGNS TO BE BUILT IN ACCORDANCE WITH THE MUTCD AND STD. S-630-2 3. SEE S-630-2 FOR ADDITIONAL NOTES REGARDING FIXED AND MOVABLE BARRICADES Print Date: •Ioriz. Scale: 1:60 Vert. Scale: As Noted �J fRG 6300 South Syracuse Way. Sues foe HOLT A Centenn0CO DCIII Phone: 303721.1440 ULLEVIG www.FHUENG.rom CONCRETE BARRIER (TEMPORARY) CONCRETE BARRIER (TEMP.) (SEE M-606-14) b DETAIL 3 LEFT TURN ONLY TYPE FIXED DETA SEE 5 -630 - MOVABLE SI FIXED DETA SEE S -630 - MOVABLE SI r 0 T7 DETAIL I INTERSECTION TYPE 0 DETAIL 2 DEAD END TYPE Q Q Q t—� Sheet Revisions Colorado Deportment of Transportation 10601 West 10th Street Greeley, CO 80634 Phone: 970-350-2228 FAX: 970-350-2181 Reolon 4 LK As Constructed WELD COUNTY ROAD CLOSURES BARRICADE AND BARRIER DETAIL Project No./Code Date: Comments ]nit. No Revisions: NHPP 0853-108 Revised: Designer: MBAR 6lructme umbers 22370 Oeloiler; MBAR Void: Sheet Number ch.., e..h.a,. nrTal' c C.,h..r ck..t.. nT_no..r Al New Contract Request Entity Information Entity Name* Entity ID* ❑ New Entity? UNION PACIFIC RAILROAD CCAYIPANY @00O05748 Contract Narne * Contract ID Parent Contract ID UPRR CLOSURE AND MAINTENANCE AGREEMENT - WCR 44 5568 Contract Status Contract Lead* uires Board Approval CTB REVIEW ERELFORD YES Contract Lead Email De ent Project # erelford@coeld.cra.us Contract Description AGREEMENT WITH WELD COUNTY AND UPRR FOR A CLOSURE AND MAINTENANCE AGREEMENT OF WCR 44 RAILROAD CROSSING. EtIiFh1tpJ Contract Type* Department AGREEMENT PUBLIC WORKS Amount* Depaitment ' it $0.00 CM- PublicWorks@weldgov.crarx Renewable NO Department Head it CM-PublicWorks- Automatic tic RenewalDeptHead~� eldtgov.com Grant County Attorney GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COU A ORN EY@. ELDG OV. COM If this is a renewal enter previous Contract ICS If this is part of a MSA enter Contract ID Requested BOCC Agenda Due Date Date* 02 ,' 12,i2022 0216 2022 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 OnBase {Contract Dates Effective Date* Renewal Date 02/01 Ef2023 Termination Notice Period Committed Delivery Date Expiration Date ©2(1612023 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone I Purchasing Purchasing Approver Purchasing Approved Date Approval Process Contact Phone 2 Department Head Finance Approver Legal Counsel JAY MCDONALD CHERYL PATTELLI KARIN ECDOUGAL DH Approved Date Finance Approved Date Legal Counsel Approved Date 02109)'2022 02102022 02101'2022 Final Approval BOCC Approved Tyler Ref # AG 021622 BOCC Signed Date BOCC Agenda Date 02162022 Originator ERELFORD Hello