HomeMy WebLinkAbout20183351.tiffChloe Rempel
From:
Sent:
To:
Cc:
Subject:
Elizabeth Relford
Monday, January 4, 2021 4:39 PM
Mike Bedell; Jan Warwick; Curtis Hall; Dawn Anderson
Chloe Rempel; Mariah Higgins
RE: CTB Temp Status Update
AE -
You are correct Mike. This is an executed final contract per the State Controller signature.
Elizabeth
From: Mike Bedell <mbedell@weldgov.com>
Sent: Monday, January 4, 2021 4:33 PM
To: Jan Warwick <jwarwick@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Curtis Hall
<chall@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>; Mariah Higgins <mhiggins@weldgov.com>
Subject: RE: CTB Temp Status Update
See attached for #20183351. The only signature missing on this is Kathryn Young, First Assistant to the Attorney
General. There were e -mails and discussions had regarding this last year and I was under the impression this is good
enough and that signature is not required for our purposes.
Michael Bedell
Senior Engineer
Weld County Public Works Department
(970J-301-0780
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: Jan Warwick <iwarwick@weldgov.com>
Sent: Monday, January 04, 2021 3:07 PM
To: Mike Bedell <mbedell@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Curtis Hall
<chall@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>; Mariah Higgins <mhiggins@weldgov.com>
Subject: CTB Temp Status Update
Good afternoon,
This email serves as a status update for documents from the Commissioner's Agenda that are pending final
signatures from various sources. When final signatures are obtained, please remember to send a copy to the
Clerk to the Board's Office to ensure the Commissioners' final Resolution is signed, the Resolution is
1
31 .8".-3351
E600-7s
distributed, and the complete document is finalized. The query included items pending as of today's date, so
there are items from recent Agendas that understandably may not have final signatures yet.
*If it is not possible to gain the final signature of a document, especially in cases of documents prior to 2018
and 2019, please respond as such with an explanation for us to scan into Tyler in lieu of the final signature.
1) #20183351, Agreement for Upgrading Highway/Railroad Grade Crossing Warning Devices, Burlington
Northern and Santa Fe Railway Company, signatures of BNSF Railroad Company and State of
Colorado authorized representatives (page 17 of PDF).
2) #20190589, Agreement for Extraordinary Maintenance and Extraordinary Snow Removal, signatures of
the Federal Highway Administration Division Administrator, USAF Warren AFB Chief of Missile
Engineering, CDOT Chief Engineer (page 8 of PDF).
3) #20201251, Annexation Agreement for Portions of County Roads 21 and 74 right-of-way, Town of
Severance, signatures of Town of Severance Mayor with Town Clerk's attestation (page 4 of PDF).
Thank you.
Jan Warwick
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4217
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.
2
RESOLUTION
RE: APPROVE AGREEMENT FOR UPGRADING HIGHWAY/RAILROAD GRADE
CROSSING WARNING DEVICES AND AUTHORIZE CHAIR TO SIGN - THE
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF)
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 an Agreement for Upgrading
Highway/Railroad Grade Crossing Warning Devices 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, Colorado Department of Transportation and Burlington Northern
and Santa Fe Railway Company (BNSF), commencing upon full execution, 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 Agreement for Upgrading Highway/Railroad Grade Crossing Warning
Devices 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, Colorado
Department of Transportation and BNSF, 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 22nd day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: `kp:
Weld County Clerk to the Board
ounty Attorney
Date of signature: II -14- I%
Steve Moreno, Chair
PWCE,RICNI(Yvt3)
Vain( 1
2018-3351
EG0075
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Contract for BNSF Railroad Crossing Signal at WCR75
DEPARTMENT: Public Works DATE: 10/08/2018
PERSON(S) REQUESTING: Elizabeth Relford and Michael Bedell
Brief description of the problem/issue: The County, BNSF Railway Company, and CDOT have proposed to
enter into a joint contract agreement (see attached) to improve an existing railroad crossing at WCR75 east of
Roggen. This contract provides for highway/railroad grade crossing improvements that consist of installing:
flashing light signals, gates, bells, constant warning devices, and controls cabinet. CDOT Section 130 Program
funds will be utilized to pay for 100% of the costs, estimated at $220,141.00. CDOT Staff submit the required
PUC Application and perform most of the administrative tasks.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. The Board can choose to approve this Contract as written.
2. The Board can choose to not approve this Contract or have the Public Works Department ask that
changes be made to the Contract.
Recommendation: Public Works recommends approval of this Contract. If recommended for approval by the
Board, this Contract may appear on the October 15, 2018 BOCC Meeting Agenda. Construction of the railroad
crossing improvements is planned for 2019.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Schedule
Work Session
Other/Comments:
2018-3351
C69075
QA r - 1q-Aw-z7Dow
P0-4 48 (000 4% _
CDOT Project No. SRP SW01-654; 21080
CONTRACT
BETWEEN THE
Colorado PUC E -Filings System
COLORADO DEPARTMENT OF TRANSPORTATION,
WELD COUNTY,
AND THE
BNSF RAILWAY COMPANY
COVERING
FURNISH AND INSTALL FLASHING LIGHT SIGNALS, GATES,
BELLS, CONSTANT WARNING CIRCUITRY, AND NEW CABIN
AT
RAILROAD MILE POST 494.45
LS0021, BRUSH SUBDIVISION
DOT 057-224H
IN
WELD COUNTY, COLORADO
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Carly Koppes, Clerk and Recorder, Weld County, CO
iiii ptiii K11�r'I i I"i'I ���!«Vh1���hL�'�i '� ui, 11111
aD/itl- (53si (3)
SRP SW01-654; 21080
CR 75
Weld County; BNSF
DOT 057-224H
CONTRACT
FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING
WARNING DEVICES
UNDER FEDERAL SECTION 130 PROGRAM
THIS CONTRACT, effective immediately upon the signature of the State Controller, by
and between the STATE OF COLORADO for the use and benefit of the STATE DEPARTMENT
OF TRANSPORTATION, DIVISION OF ENGINEERING, DESIGN AND CONSTRUCTION,
hereinafter referred to as the "State", and WELD COUNTY, COLORADO hereinafter referred to
as "Local Agency", and BNSF RAILWAY COMPANY, formerly known as the "The Burlington
Northern and Santa Fe Railway Company", hereinafter referred to as "BNSF" or "Railroad
Company" or the "Contractor".
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in WBS Element 21080, Contract Encumbrance Amount $220,141.00; 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-I 10,
C.R.S., by both the State and Local Agency under the authority of sections 29-1-203 and 43-2-
144, C.R.S., and by the Local Agency pursuant to an appropriate ordinance or resolution duly
passed and adopted by the Local Agency; and
WHEREAS, pursuant to applicable provisions of Title 23, United States Code, and the
regulations promulgated thereunder, certain federal funds have been and will in the future be made
available for the elimination of hazards at certain highway/railroad grade crossings on the Federal -
aid Urban System and on roads not on any Federal -aid System, by the installation of warning
devices, such projects being hereinafter referred to as the Section 130 Program.
WHEREAS, this project selected under the Section 130 Program is 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 BNSF, it being understood that such ratio applies
only to such costs as are eligible for Federal participation; and
WHEREAS, Federal regulations (23 CFR §§646.200 et.seq. (2009)) require the State to
contract with railroad companies on Federal -aid projects involving use of railroad property or
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■IIVICRIPII,11 'IfsM MRM+hA KIWit liyi 11 II 1
adjustment to railroad facilities; and
WHEREAS, the State is responsible for the administration of the Section 130 program and
will act in the relative position of the Federal Highway Administration (FHWA) in reviewing and
approving highway/railroad projects and in authorizing expenditure of Federal -aid funds on said
projects; and
WHEREAS, the FHWA has determined that the use of a three -party contract is required in
order for the State to fulfill its administrative responsibilities, including the responsibility of
assuring that work is not performed prior to authorization by the State; and
WHEREAS, the Local Agency and the BNSF understand that, pursuant to 23 CFR
§646.220, the State is responsible for issuing written authorization for all phases of the work
described herein, and that the costs for such work will be eligible for reimbursement only if the
work is performed after written authorization by the State; and
WHEREAS, the State has initiated this Section 130 Program project numbered SRP
SW01-654; 21080 by submittal to the State of a completed CDOT Form No. 463; and
WHEREAS, the project is not located on the State Highway System and is under the legal
jurisdiction of the Local Agency; and
WHEREAS, this contract provides for highway/railroad grade crossing improvements that
consist of installing: flashing light signals, gates, bells, constant warning devices, and new cabin;
and
WHEREAS, the proposed improvements provided for herein are located on CR 75, Weld
County, Colorado and the BNSF track, National Inventory Crossing No. 057-224H, BNSF
milepost 494.45, Powder River Division, Brush Subdivision; and
WHEREAS, the BNSF has agreed to be responsible for the installation and operation of
the crossing warning devices installed hereunder; and
WHEREAS, the BNSF is adequately staffed and suitably equipped to undertake and
satisfactorily complete the proposed improvements, and can perform the Railroad Work more
advantageously and more cost effectively than the State; and
WHEREAS, it is in the public interest that the Railroad Work be performed by the BNSF's
forces, on a Force Account basis; and
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements herein contained, and the faithful performance thereof, the parties hereto promise and
agree as follows:
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Carly Koppes, Clerk and Recorder, Weld County, CO
■iii Prdr��aw hriviii r ildrOlawl0II hilrlik III III
ARTICLE I
GENERAL PROVISIONS
SECTION A. DEFINITIONS
I. 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, Year 2003 Edition
4. PUC Public Utilities Commission of Colorado
5. CRS Colorado Revised Statutes
6. The term "Eligible Charges" shall include only those actual incurred costs, as provided
in 23 CFR, Part 140, which are directly attributable to Project No. SRP SW01-654; 21080, and
which are incurred following written authorization by the State for the various work functions,
except as provided in Article II, Section A.
7. The term "Railroad Work" shall consist of work done by BNSF forces and shall include
the following:
Furnish and install flashing LED light signals, gates, bells, constant warning
devices, and new cabin.
SECTION B. EXHIBITS
The exhibits listed below are attached hereto and made a part of this contract:
Exhibit A Print Showing Crossing Location
Exhibit B Railroad Force Account Estimate - Signal
Exhibit C Civil Rights Exhibit
Exhibit D Option Letter
SECTION C. REFERENCE DOCUMENTS
The following are made a part of this contract by reference the same as if attached hereto
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII Pcir J ikii. RINICIfi tin/ LIEVIVEVO I iiJriik ION
including any supplements or amendments thereto dated prior to date of this contract:
23 CFR §§140.900 et. seq. (2009)
23 CFR §§646.101 et. seq. (2009)
23 CFR §§646.200 et. seq. (2009)
MUTCD, Dated 2009
ARTICLE II
COMMITMENTS ON THE PART OF THE LOCAL AGENCY
SECTION A. PRE -CONTRACT ADMINISTRATIVE TASKS
Certain administrative tasks are necessary to be performed prior to execution of this
contract, and the Local Agency agrees that the costs of those tasks, whether incurred by the Local
Agency or the State shall be eligible for reimbursement from project funds. Said tasks include,
but are not limited to, preparation of CDOT Form No. 463, attending pre -design meetings,
obtaining FHWA approvals and preparation of this contract. In the event Federal -aid funds are
not made available, or are withdrawn for the project, the Local Agency shall reimburse the State
for costs incurred by the State, subject to the limits provided in Article IV, Section B, in
administering this contract.
SECTION B. PUC APPLICATION
The Local Agency shall make application to the Public Utilities Commission requesting a
PUC decision providing for the improvement provided for herein. The Local Agency shall submit
a copy of this fully executed contract to the PUC as a compliance filing. The State shall participate
in any hearing before the PUC in this matter.
SECTION C. UTILITIES
The Local Agency shall be responsible for obtaining proper clearance or approval, in
writing, or formal agreement if utility adjustments are required, from utility companies which may
be involved in the project. The Local Agency shall furnish the State with documentation of such
clearance or approval prior to installation of the proposed improvements.
SECTION D. RIGHT-OF-WAY
The Local Agency shall provide written certification to the State that the proposed project
will be constructed on existing right-of-way, or that if right-of-way is acquired for the completion
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lIII INFAINII MI MI Eli: f f IMP MIA 4:1 NA 11111
of the project that such acquisition was made in accordance with FHWA and State regulations.
SECTION E. CROSSING IMPROVEMENT WORK
The Local Agency shall coordinate crossing improvement work and shall inspect the
Railroad Work performed by BNSF forces. The Local Agency shall not initiate or authorize any
crossing improvement work, including the Railroad Work until the State has issued the Notice to
Proceed, Article IV, Section A, to the Local Agency and the BNSF. 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 a traffic control during Project Work that meets the
criteria of the most current edition of the MUTCD.
SECTION F. RAILROAD COMPANY BILLINGS
Upon receipt of the Railroad Company's billings from the State's Railroad Coordinator, the
Local Agency shall review and verify the billings for the Railroad Work performed hereunder to
ensure that the billings are for Eligible Charges for work actually performed. After Local Agency
verification, the designated representative from the Local Agency shall send written confirmation
to the State's Project Manager that the work has been accomplished. The State's Project Manager
will approve the bill for payment by the State to the Railroad Company.
SECTION G. INSPECTION AND AUDIT
The Local Agency shall, during all phases of the work, permit duly authorized agents and
employees of the State and the FHWA to inspect the project and to inspect, review and audit the
project records. The Local Agency shall maintain all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred and to make such materials available at all
reasonable times during the construction of the project and for three (3) years from the date of final
payment. Copies of such records shall be furnished by the Local Agency if requested.
ARTICLE III
COMMITMENTS ON THE PART OF THE RAILROAD COMPANY
SECTION A. CROSSING AT GRADE
1. Warning Devices. The BNSF agrees to accomplish by force account all the Railroad
Work as provided hereunder, provided that the BNSF shall obtain written Notice to Proceed from
the State before it starts to perform or authorizes the performance of such railroad force account
work. In the event that such work is initiated prior to the issuance by the State of the written Notice
to Proceed the BNSF shall be solely responsible for all costs incurred for such work.
2. Plans and Force Account Estimate. Prior to execution of this contract, the BNSF shall
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Illni&riliik IIIIMilAillil LTWIrikailditilt Wilily), BIM
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 cost estimate Exhibit B for the proposed Railroad Work to the Local Agency and
the State. Said estimate shall take into account the value of all existing material that can be
salvaged. The Local Agency shall be afforded the opportunity to inspect salvaged material. The
cost estimate shall conform to the requirements of 23 CFR, Part 140, Subpart I, and shall be of the
form prescribed in 23 CFR, Part 646, Subpart B.
3. Changes in the Railroad Work. No change shall be made in the Railroad Work which
will alter the character or scope of the Railroad Work without the prior written concurrence from
the Local Agency and prior written authorization by the State. The BNSF shall be responsible for
cost increases resulting from unauthorized changes in the Railroad Work.
SECTION B. COORDINATION
After receipt of the Notice to Proceed from the State, the Railroad Company shall notify
the Local Agency and the State at least thirty (30) days in advance of beginning the Railroad Work
so that the Local Agency and the State can arrange for construction zone traffic control and
inspection. The Railroad Company shall also furnish the Local Agency and the State a copy of
the completion notice the Railroad Company furnishes to the PUC.
SECTION C. RAILROAD COMPANY'S BILLINGS TO THE STATE
Progress billings for Eligible Charges for the Railroad Work shall be acceptable in
minimum amounts of $500 for each billing. The Railroad Company shall provide its final and
complete billings of all incurred costs to the State's Railroad Coordinator within one-year
following completion of the Railroad Work. The billing for such work shall reference the project
number. EACH INVOICE SHALL SPECIFICALLY STATE THE WORK PERFORMED AND
SHALL BE THE SAME AS THE WORK AUTHORIZED. The State shall provide the Railroad
Company with written notice of the completion of the work, thus marking the beginning of the
one-year period. If the Railroad Company does not present the final bill to the State's Railroad
Program Manager within that one-year time period, as required by 23 CFR § 140.922 (2009), then
previous payments to the Railroad Company for the Railroad Work may be considered as final and
complete reimbursement for that work, and the State may close out the project with no further
financial obligation. Railroad Company's billings for incurred costs for the Railroad Work shall be
audited by the State for compliance with 23 CFR §§ 140.900 et.seq. (2009).
SECTION D. CIVIL RIGHTS
The Railroad Company, in the prosecution of the work herein prescribed, will adhere to
the requirements of the Civil Rights Exhibit C, and will include the provisions of the said Civil
Rights Exhibit in every subcontract; including procurement of materials and leases unless exempt
by the regulations, orders or instructions issued pursuant thereto.
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•u INFA Nirrn NM�
ARTICLE IV
COMMITMENTS ON THE PART OF THE STATE
SECTION A. PROJECT ADMINISTRATION
I . Approvals by the State. The State, acting in the relative position of the FHWA, shall
be responsible for approving the various work functions relative to this project. The work
functions include, but are not limited to, preliminary engineering, right-of-way, utility adjustments,
Railroad Work, and work by the Local Agency.
2. Notice to Proceed. The State's Project Manager shall issue written Notice to Proceed
for the various work functions as may be required. The State's issuance of authorization to proceed
with the Railroad Work shall be contingent upon the PUC approval. Any work function performed
by the Local Agency for the Railroad Company prior to the issuance of the Notices to Proceed
shall not be eligible for reimbursement from Federal -aid funds.
SECTION B. STATE'S SUPPORT SERVICES AND CHARGES
The State shall perform the support services necessary for the approval and administration
of this contract. These services may be performed in preparation for any conditions or
requirements of this contract, including prior FHWA approval of project work. At the request of
the Local Agency, the State may also provide other assistance under contract as agreed in writing.
However, in the event that Federal funding is either not made available or is withdrawn for this
contract, or if the Local Agency terminates this contract prior to project completion for any reason,
then all actual incurred costs of such services and assistance provided by the State shall be at the
sole expense of the Local Agency. At the request of the Local Agency, the State may provide
other assistance as agreed to in writing. The Local Agency shall reimburse the State the actual
costs incurred by the State in performing such assistance.
SECTION C. RAILROAD COMPANY REIMBURSEMENT
The State will pay the Railroad Company within 45 days of the State's receipt of an
invoice. If payment is not made within 45 days of the State's receipt of an invoice, the State shall
pay interest to the Railroad Company not to exceed 1% per month until payment is made, subject
to the terms and conditions of section 24-30-202 (24), C.R.S.
ARTICLE V
ADDITIONAL PROVISIONS
SECTION A. FINANCIAL PROVISIONS
The total encumbrance for project is shown on page 1. Federal funds are 100% of the amount for
crossing protection devices. The State's maximum financial obligation for all Eligible Charges
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1111 NIIIirdfilidgChre! In :Ili RitiJ' itii Li 'ICU III III
and other work costs under this Contract is currently limited to that total encumbrance amount. In
the course of constructing the project, should BNSF have reasonable belief that BNSF's cost
estimate identified in Exhibit B will be exceeded, BNSF is authorized to stop work until sufficient
additional funds are made available by the State. The State may from time to time in a form
substantially equivalent to that in Exhibit D, and bearing the approval of the State Controller or
his designee, make more funds available on this contract. 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 B. REPRESENTATIVES
I. To Local Agency:
Elizabeth Relford
Weld County Public Works
1 111 H Street
Greeley, CO 80632
phone: 970-400-3748
2. To Railroad Company
Amber Stoffels
Manager, Public Projects
BNSF Railway Company
3700 Globeville Road
Denver, CO 80216
phone: 303-480-6584; fax: 303-480-6589
3. To State Project Manager:
Long Nguyen, P.E.
Colorado Department of Transportation
1420 2"d St
Greeley, CO 80631
phone: 970-350-2126; fax: 970-669-0289
4. To State Railroad Coordinator:
Rob Martindale
CDOT Railroad Program
Colorado Department of Transportation
2829 W. Howard Place, 3`d Floor
Denver, CO 80204
phone: 970-210-5913 (cell)
SECTION C. MAINTENANCE
1. Local Agency. Upon completion of this project the Local Agency shall maintain the
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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 edge of the concrete crossing surface and the
transition between the roadway and the crossing surface. The Local Agency shall also be
responsible for maintaining advance warning signs and pavement markings. The Local Agency
shall not be responsible for maintaining the Railroad Company's facilities.
2. Railroad Company. Upon completion of this project the Railroad Company shall
thereafter operate, maintain, repair and keep its roadbed, track and appurtenances, including the
railroad grade crossing warning devices installed hereunder, in a proper working condition. In the
event that Federal or State funds or other funds become available for use in the operation,
maintenance, or repair of the crossing warning devices installed hereunder, the Railroad Company
shall be free to apply for such funds. The Railroad Company shall not be responsible for
maintaining the roadway approaches.
SECTION D. NO BENEFITS TO THE RAILROAD COMPANY
In accordance with 23 CFR §646.210 (b)( I ) (2008), it is determined that the improvements
herein provided will not result in ascertainable benefits to the BNSF and, consequently, liability
for the cost thereof shall not be required of the BNSF.
SECTION E. CANCELLATION
In the event delays or difficulties arise in securing necessary approvals, or in acquiring
necessary right of way, or in settling damages or damage claims, or for any other reason, which,
in the opinion of the State render it impracticable to utilize funds from the current appropriation
for the construction of the project, then at any time before actual construction is started pursuant
to proper approval or authority, the State may serve formal notice of cancellation upon the BNSF,
and this contract shall thereupon become null and void. In the event of any such cancellation, the
State shall reimburse the BNSF for all related preliminary engineering costs incurred by the BNSF
prior to the effective cancellation date.
SECTION F. FUTURE USE OF WARNING DEVICES
If, hereafter, by agreement, negotiation, or order of competent public authority, the grade
crossing warning devices are rendered unnecessary, undesirable or improper by closing of said
crossing, by relocation, by separation of grades, or by developments or improvements in crossing
protection or otherwise, such devices shall be removed, and if by mutual agreement the grade
crossing warning devices are deemed suitable for reuse at another location, they shall be reinstalled
at that location by the BNSF under a separate agreement for relocation between the State, Local
Agency, and the BNSF, 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 BNSF.
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lilt IMP LiOlT' IV,L1Ah1 III
SECTION G. TERM
The covenants of this contract, except for the provisions of Sections C and F of this Article,
shall continue through completion and final acceptance of this project by the State and the FHWA.
The covenants stated in Sections C and F of this Article, shall remain in effect in perpetuity or
until such time as the Local Agency or the BNSF 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 from funds made
available by the federal government and expended under federal regulations; that all plans,
estimates of cost, specification, authorizations, awards of contracts, acceptances of work and
procedures in general are subject at all times to all federal laws, rules, regulations, orders and
approvals applying to federal projects.
SECTION I. SUCCESSORS AND ASSIGNS
All of the covenants and provisions hereof shall inure to the benefit of and be binding upon
the parties hereto, their successors and assigns.
SECTION J. SIGNATURE AUTHORITY
1. The BNSF represents and warrants that it has taken all actions that are necessary or that
are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned
signatory to execute this contract on behalf of the BNSF and to bind the BNSF to its terms.
2. The Local Agency represents and warrants that it has taken all actions that are necessary
or that are required by its procedures, bylaws, or applicable law, to legally authorize the
undersigned signatory to execute this contract on behalf of the Local Agency and to bind the Local
Agency to its terms.
SECTION K. EXCEPTIONS TO SPECIAL PROVISIONS
The State and the Railroad agree that Section L, Special Provisions, is hereby amended in
the following particulars:
1. The parties hereto agree that the final sentence of paragraph 4, Independent Contractor.
(4 CCR 801-2) of Section L., Special Provisions, is replaced with the following:
Contractor shall provide and keep in force such types of Workers' Compensation
Insurance, in the amounts required by law (and provide proof of such insurance, if
such insurance is required by law, when requested by the State) and Unemployment
10
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VIII FJP3IVICII Ninliiii i' . 'AIMY: I. PM Yid "III
Compensation Insurance, if required by law, in the amounts required by law, and
shall be solely responsible for the acts of the Contractor, its employees, and agents.
2. The parties hereto agree that the first sentence of paragraph 6, Choice Of Law, of Section
L., Special Provisions, is replaced with the following:
The laws of the State of Colorado and rules and regulations issued pursuant thereto,
to the extent not preempted by federal law, shall be applied in the interpretation,
execution, and enforcement of this contract.
3. The parties hereto agree that paragraph 10, Vendor Offset. (CRS §§ 24-30-202 (1) &
24-30-202.4) shall apply to this contract, to the extent not preempted by federal law.
SECTION L. SPECIAL PROVISIONS Revised 01/01/09
1. Controller's Approval. (CRS §24-30-202(1)).
This contract shall not be valid until it has been approved by the Colorado State Controller
or designee.
2. Fund Availability. (CRS §24-30-202(5.5)).
Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
3. Governmental Immunity.
No term or condition of this contract shall be construed or interpreted as a waiver, express
or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act,
28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. Independent Contractor.
Contractor shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an
agent or employee of the State. Contractor and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the State shall
not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Unemployment insurance benefits will be available to Contractor and its employees and agents
only if such coverage is made available by Contractor or a third party. Contractor shall pay when
due all applicable employment taxes and income taxes and local head taxes incurred pursuant to
this contract. Contractor shall not have authorization, express or implied, to bind the State to any
agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a)
provide and keep in force workers' compensation and unemployment compensation insurance in
11
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Carly Koppes, Clerk and Recorder, Weld County, CO
Ill MINIM'dlig NI riCialVil tit I GNP Yoh BM
the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be
solely responsible for its acts and those of its employees and agents.
5. Compliance with Law.
Contractor shall strictly comply with all applicable federal and State laws, rules, and
regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. Choice of Law.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision included or incorporated
herein by reference which conflicts with said laws, rules, and regulations shall be null and void.
Any provision incorporated herein by reference which purports to negate this or any other Special
Provision in whole or in part shall not be valid or enforceable or available in any action at law,
whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the
operation of this provision shall not invalidate the remainder of this contract, to the extent capable
of execution.
7. Binding Arbitration Prohibited.
The State of Colorado does not agree to binding arbitration by any extra judicial body or
person. Any provision to the contrary in this contact or incorporated herein by reference shall be
null and void.
8. Software Piracy Prohibition. (Governor's Executive Order D 002 00).
State or other public funds payable under this contract shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or applicable
licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract
and any extensions, Contractor has and shall maintain in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that Contractor is in violation
of this provision, the State may exercise any remedy available at law or in equity or under this
contract, including, without limitation, immediate termination of this contract and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
9. Employee Financial Interest/Conflict Of Interest. (CRS §§24-18-201 and 24-50-507).
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this contract. Contractor has
no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner
or degree with the performance of Contractor's services and Contractor shall not employ any
person having such known interests.
12
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Carly Koppes, Clerk and Recorder, Weld County, CO
10. Vendor Offset. (CRS §§24-30-202 (l) and 24-30-202.4).
Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the
State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support
debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges
specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (d) amounts required to be paid to the Unemployment
Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency
determination or judicial action.
11. Public Contracts For Services. (CRS §8-17.5-101,102).
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract
with an illegal alien who will perform work under this contract and will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform
work under this contract, through participation in the E -Verify Program or the Department
program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ
or contract with an illegal alien to perform work under this contract or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ
or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use
E -Verify Program or Department program procedures to undertake pre -employment screening of
job applicants while this contract is being performed, (b) shall notify the subcontractor and the
contracting State agency within three days if Contractor has actual knowledge that a subcontractor
is employing or contracting with an illegal alien for work under this contract, (c) shall terminate
the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and (d) shall comply with reasonable requests made in
the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shall deliver to the contracting State agency, Institution of Higher Education or political
subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work
status of such employee, and shall comply with all of the other requirements of the Department
program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101
et seq., the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
12. Public Contracts With Natural Persons. (CRS §24-76.5-10I).
Contractor, if a natural person eighteen (18) years of age or older, hereby swears and
affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-I01
et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the
effective date of this contract.
13
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Carly Koppes, Clerk and Recorder, Weld County, CO
lIII rldrilIntlihiNIINVIIINIIIINdilli Ia�iiiii k 11111
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
BNSF RAILROAD COMPANY
Print Name: Ajvthe.r St-RiIts
Print Title: �r�1�}'1�tG�,1' R,Jo(C ?rDJCSS.*S
Q
LOCAL AGENCY
By
Print Name: Steve Moreno
Chair, Board of Weld
Print Title: County Commissioners
STATCOLORADO
J
ICKENLOOPER, VERNOR
•
By
Josh Laipply, P
Chie Engineer
APPROVED:
CYNTHIA COFFMAN, Attorney General
By
Kathryn Young, First Asst. Attorney General
OCT 2 2 2018
CRS 24-30-202 requires that the State Controller approve all state contracts. This Contract is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The Railroad is not
authorized to begin performance until the Contract is signed and dated below. If performance begins
prior to the date below, the State may not be obligated to pay for goods and/or services provided.
By
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Carly Koppes, Clerk and Recorder, Weld County, CO
DOT Controller
.61)414//e
Date
14
o2f/e?- 3S1&)
iii jr: hWV iiii
Exhibit "A"
Print Showing Crossing Location
Project: SW01-654; SA: 21080
Location Map:
Weld CR 75
BNSF S F Railway
Brush Sub
DOT Crossing #057-224H
Railroad Milepost 494.45; Lat, Long: 40.168454, -103.34754
Weld County
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Carly Koppes Clerk and Recorder, Weld County, CO
III RIFalk?1!)'11.Iliii,111111, ft filth '01ti4:141,h111,f'iilyi, 111111
EXHIBIT B
***** MAINTAIN PROPRIETARY CONFIDENTIALITY *""**
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CDOT
LOCATION EAST ROGGEN DETAILS OF ESTIMATE
PLAN ITEM : 000299792 VERSION : 2
PURPOSE, JUSTIFICATION AND DESCRIPTION
CR 75 - ROGGEN CO; INSTALL CONSTANT WARNING / FLASHERS / GATES; POWDER RIVER DIV; BRUSH SUBDIV; LS 0002; MP 494.45; DOT#
057224H; SEQ# 70369.
MONTHLY POWER UTILITY COST CENTER : 61867.
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY.
THIS ESTIMATE IS GOOD FOR 180 DAYS. THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD.
CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD.
******************************* SIGNAL WORK ONLY *******************************
THE STATE OF COLORADO IS FUNDING 100% OF THIS PROJECT.
MAINTAIN PROPRIETARY CONFIDENTIALITY.
PRIMARY FUNDING SOURCE IS FHWA
** BUY AMERICA(N) APPLIES **
DESCRIPTION QUANTITY U/M
COST TOTAL$
**********
LABOR
**********
ELECTRICAL LABOR F/SIGNAL EQUIPMENT
SIGNAL FIELD - INSTALL
SIGNAL SHOP LABOR - CAP
PAYROLL ASSOCIATED COSTS
DA OVERHEADS
EQUIPMENT EXPENSES
INSURANCE EXPENSES
TOTAL LABOR COST
*************
MATERIAL
*************
ARRESTOR, MDSA-2 XS
BATTERY, 10 VGL-255, 9 VGL-350
BELLS
BUNGALOW 8X8 W/ AC
BUNGALOW MATERIAL
CABLE, 2C/6 TW
CABLE, 3C/2
CABLE, 5C/I0
CABLE, 5C/6
CABLE, 7C/14
CHARGERS, 12/80 (20/40/60)
CONDUIT, PVC 4"
CONSTANT WARNING, XP4, ITK
COUPLER, TJC
ELECTRICAL MATERIAL
EVENT RECORDER
FIELD MATERIAL
FILL DIRT
FOUNDATION, CONCRETE
GATE KEEPER
GATE MECHANISM, S-60
LED LIGHT
LIGHT OUT DETECTOR
SHUNT, NBS
SURFACE ROCK
TRACK FILTER
USE TAX
Page 4 of 5
54.0 MH
672.0 MH
0.01 MH
1.0 EA N
1.0 LS N
2.0 EA N
1.0 LS N
1.0 LS N
500.0 FT N
500.0 FT N
70.0 FT N
500.0 FT N
500.0 FT N
2.0 EA N
250.0 FT N
1.0 EA N
4.0 EA N
1.0 EA N
1.0 EA N
1.0 LS N
50.0 CY N
2.0 EA N
2.0 EA N
2.0 EA N
8.0 EA N
1.0 EA N
2.0 EA N
30.0 CY N
1.0 EA N
1,662
20,718
13,089
20,900
4,360
3,757
64,487 64,487
697
4,659
412
9,377
7,564
620
2,975
132
2,095
870
1,973
755
16,252
3,393
1,500
3,250
7,372
1,250
547
3,334
10,941
1,461
913
1,998
1,500
241
5,592
EXHIBIT B
OFFLINE TRANSPORTATION
1,069
TOTAL MATERIAL COST
OTHER
}.R1iti»•
AC POWER SERVICE
BUNGALOW, WIRE AND TEST
CONTRACT ENGINEERING
CONTRACT FLAGGING/SIGNS/CONES
DIRECTIONAL BORING
TOTAL OTHER ITEMS COST
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST
1.0 LS
1.0 LS N
1.0 LS N
1.0 LS N
150.0 FT N
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 kownW141401,11MARAIVIKOlitkii 11111
92,742 92,742
10,000
4,418
9,000
10,000
7,500
40,918 40,918
198,147
19,814
2,180
220,141
0
220,141
Page 5 of 5
TO 20TH STREET
The Burlington Northern & Santa Fe Railway Company
EASTWARD APPR. 3940'
C
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GPS
79 MPH
ARES
I PTC
n
cPROPANQ
A
SW. ;R
WW
C 50'
INSTALL: FLASHERS, GATES & BUNGALOW
CONTROL DEVICES: CONSTANT WARNING
SALVAGE: NONE
RED = IN
YELLOW = OUT
8X8
INSTRUMENT HOUSE
Eti BELL
O
D
r
L
METER
CROSSING CONTROLL CONNECTIONS
BIDIRECTIONAL CROSSING CONTROL
UNIDIRECTIONAL CROSSING CONTROL
COUPLER OR TERMINATION
GUARD RAIL
TJC
Warning
120' MIN.
EXHIBIT B
TO STERLING
WESTWARD APPR. 3940'
O
M.P. 494.45
CR 75
DOT 057 224 H
PROJFC7 # 70369
50' MIN. -'-
C
BX8
device placement:
Clearance to C.L. Track = Min. 12'
Edge of Road to C.L. Foundation:
Min. 4'3" with curb,
Min. 8'3" without curb,
Max. 12'
House Clearance: 25' Min. to Near Roil
30' Min. to Edge of Road
ALL LIGHTS TO BE LED
79 MPH
NBS
BNSF RAILWAY CO.
LOCATION: ROGGEN, CO
STREET: CR 75
LS: 0002
M.P. 494.45
DOT tt 057 224 H
DIVISION: POWDER RIVER
SUBDIVISION: BRUSH
KANSAS CITY
NO SCALE
DATE: 08/22/2018
FILE: 70369 -STATE SKETCH-.dgn
AMW
EXHIBIT C
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 m interest,
agree as follows
A. Compliance with Regulations. The Contractor will comply with the Regulations of the
Department of Transportation relative Ito 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 ward
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 of 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 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 Subcontactor
of supplier as a result of such direction, the Contractor may request the State to enter such litigation to
protect the interests of the State and, in addition, the Contractor may request FHWA to enter into such
litigation to protect the interest of the United States
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 I rdtrl P&Mlid 101
EXHIBIT D
To Contract
Option Letter
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Carly Koppes, Clerk and Recorder, Weld County, CO
11111 III II
CDOT Project No. SRP SW01-654; 21080
OPTION LETTER
Date:
Original Contract CMS #:
Option Letter #
1) OPTIONS: Choose all applicable options listed in §1 and in §2 and delete the rest.
a. Option to renew only (for an additional term)
b. Change in the amount of goods within current term
c. Change in amount of goods in conjunction with renewal for additional term
d. Level of service change within current term
e. Level of service change in conjunction with renewal for additional term
f. Option to initiate next phase of a contract
CMS Routing #
2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
a. For use with Options 1(a -e): In accordance with Section(s) of the Original Contract between the State of
Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the State hereby exercises
its option for an additional term beginning Insert start date and ending on Insert ending date at a cost/price specified
in Section , AND/OR an increase/decrease in the amount of goods/services at the same rate(s) as specified in
Identify the Section, Schedule, Attachment, Exhibit etc.
b. For use with Option 1(f), please use the following: In accordance with Section(s) of the Original Contract
between the State of Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the
State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc for the term beginning Insert start
date and ending on Insert ending date at the cost/price specified in Section
c. For use with all Options 1(a -f): The amount of the current Fiscal Year contract value is increased/decreased by $
amount of change to a new contract value of Insert New $ Amt to as consideration for services/goods ordered under
the contract for the current fiscal year indicate Fiscal Year. The first sentence in Section is hereby modified
accordingly. The total contract value including all previous amendments, option letters, etc. is Insert New $ Amt.
3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever is
later.
STATE OF COLORADO
John W. Hickenlooper, Governor
Name of Agency or IHE
By: Insert Name & Title of Person Signing for Agency or IHE
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and
dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If
Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or
for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By.
Insert Name of Agency or IHE Delegate -Please delete if contract will be routed to OSC for approval
Date:
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 M AI!WIN II
CDOT Project No. SRP SW01-654; 21080
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