HomeMy WebLinkAbout20170979.tiffRESOLUTION
RE: APPROVE GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT
AND AUTHORIZE CHAIR TO SIGN - MARTIN MARIETTA MATERIALS, INC. / GREAT
WESTERN RAILWAY OF COLORADO, LLC
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 Grade Crossing Construction and
Maintenance Agreement 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, and
Martin Marietta Materials, Inc., and Great Western Railway of Colorado, LLC, commencing
April 5, 2017, and ending April 4, 2018, 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 Grade Crossing Construction and Maintenance Agreement 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, and Martin Marietta Materials, Inc., and
Great Western Railway of Colorado, LLC, 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 5th day of April, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W...atiteti .:elso:‘,1
Weld County Clerk to the Board
BY:
AP
uty Clerk to the Board
ounty Attorney
Date of signature: '-t/DOI t1
cL
ie A. Cozad, Chair
Steve Moreno, Pro= em
arbara Kirkmeyer
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2017-0979
EG0074
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MEMORANDUM
TO: Clerk to the Board DATE: March 30, 2017
FROM: Mike Bedell, Public Works Department
SUBJECT: Agenda Item
Grade Crossing Construction and Maintenance Agreement with Weld County, Martin Marietta
Materials, Inc., a North Carolina corporation, and Great Western Railway of Colorado, LLC.
Maintenance Agreement is on WCR 13 at grade, GWR Milepost 24.01, U.S. DOT Number
849369H, Longmont Subdivision.
Attached are FIVE original agreements. Please return FOUR signed original to Public Works.
2017-0979
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR13 Railroad Crossing Replacement — GWRR Construction Agreement
DEPARTMENT: PUBLIC WORKS DATE: 3/27/2017
PERSON(S) REQUESTING: Don Dunker (County Engineer), Michael Bedell [Senior Engineer)
Brief description of the problem/issue:
An existing railroad crossing located on WCRl3 just south of US34 needs to be widened as part of the adjacent
Martin Marietta development. The county submitted and received approval for these proposed improvements
from the Colorado Public Utilities Commission (CPUC). Public Works is recommending partnering with Great
Western Railway (GWRR) to have the crossing replaced.
GWRR is willing to coordinate with Martin Marietta to complete the crossing replacement and has submitted
the associated Grade Crossing Construction and Maintenance Agreement for county consideration. The
agreement entails Martin Marietta paying a contractor directly for the cost of construction, which is estimated to
be $402,500. CAO has reviewed the attached agreement. After receiving the signed agreement from the
County, Martin Marietta will schedule the construction work and coordinate with GWRR during construction.
Recommendation to the Board:
Public Works recommends the BOCC approve the attached agreement with GWRR and Martin Marietta. If
recommended for approval, Public Works will arrange for the agreement to be added to the agenda for an
upcoming BOCC Meeting.
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Mite -
Approve
Recommendation Work Session
Schedule
Attachments: Grade Crossing Construction and Maintenance Agreement
Comments/Other:
Esther Gesick
Subject: FW: pass around - WCR 13 Railroad Crossing - GWRR Construction Agreement
On Mar 30, 2017, at 9:09 AM, Elizabeth Relford <erelford@co.weld.co.us>wrote:
Hi Commissioner,
To follow with you on your question in the attached pass around, the answer is yes, there is no cost to
the county for this project. The only impact is staff time for being the governmental agency helping
process the PUC application on behalf of Martin Marietta. Hope that helps. Please let me know if you
have any follow up questions.
Thanks,
Elizabeth
Elizabeth Relford
Transportation Manager
Weld County Public Works
1111 H Street
PO Box 758
Greeley, CO 80632-0758
Email: erelford@co.weld.co.us
Office: (970) 400- 3748
Mobile: (970) 673-5836
Web: http://www.co.weld.co.us
<image001.jpg>
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
Sent: Wednesday, March 29, 2017 2:23 PM
To: Francie Collins <fcollins@co.weld.co.us>
Cc: Elizabeth Relford <erelford@co.weld.co.us>; Don Dunker <ddunker@co.weld.co.us>; Mike Bedell
<MBedell@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>
Subject: RE: pass around - WCR 13 Railroad Crossing - GWRR Construction Agreement
Please see the attached pass around — all five have reviewed and Commissioner Kirkmeyer is ok with it,
but questioned if this was going to cost the county money or not. Please reach out to her and answer
her question.
The original is coming back through interoffice mail. Thanks!
Karla Ford
Office Manager, Board of Weld County Commissioners
GWRR File NO.:
GWR Mile Post 24.01
U.S. Dot Number 849369H
Longmont Subdivision
GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT
THIS GRADE CROSSING CONSTRUCTION AND MAINTENANCE
A EEMENT (hereinafter called, "Agreement"), is executed to be effective as of
, 2017, by and between the County of Weld (hereinafter called,
"C my"), Martin Marietta Materials, Inc., a North Carolina corporation (hereinafter "MM"),
and Great Western Railway of Colorado, LLC, a Colorado Limited Liability Company
(hereinafter called, "GWR" or "Railroad");
WITNESSETH:
WHEREAS, GWR owns and operates a line of railroad in and through the County
and across County Road 13 at -grade, Railroad's Milepost 24.01, DOT # 849369H
(hereinafter the "Crossing");
WHEREAS, MM is constructing a new facility that will significantly increase
vehicular traffic across the Crossing;
WHEREAS, in order to safely accommodate the increased vehicular traffic, the
County desires to widen and install a new concrete crossing surface across the
eastbound and westbound lanes of the Crossing and related track rehabilitation work,
and install flashing light signals, gates, bells, control cabin, and constant warning time
circuitry at the Crossing (hereinafter collectively, the "Crossing Improvements");
WHEREAS, GWR does not have the manpower to construct the Crossing
Improvements but is willing to allow MM to hire a contractor to design, engineer, and
construct the Crossing Improvements at MM's sole expense;
WHEREAS, MM has agreed to design, engineer and construct the Crossing
Improvements at its expense, including the cost of a GWR on -site field manager to ensure
safety of GWR's operations and facilities and compliance with the plans for the Project
and the cost of GWR's review of plans to be prepared by MM's contractor;
WHEREAS, it will be necessary for MM's contractor to perform certain work in the
vicinity of the Crossing on GWR's property as described herein;
WHEREAS, the County has made application to the Public Utilities Commission
("PUC") to modify the Crossing and PUC Approval has been obtained;
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Carly Koppes, Clerk and Recorder, Weld County, CO
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the parties contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
ARTICLE I — GENERAL PROVISIONS
SECTION A. DEFINITIONS
1. The term "Contractor" or "Contractors" shall mean any individual,
partnership, firm, corporation or any combination thereof including their respective
officers, agents, employees and their respective subcontractors including officers, agents
and employees that are hired by MM to install the Crossing Improvements.
2. The term "Plans" shall mean the final completed 100% Design -Build Plans
and Specifications for the Crossing Improvements, prepared by MM at its expense which
have been approved in writing by the Railroad Company's System Engineer, or his
authorized representative, as modified or amended by the PUC Approval. The Plans are
incorporated herein by reference, as Exhibit B.
3. The term "PUC Approval" shall collectively mean the final design of the
Crossing Improvements approved by the PUC and the final decision issued by the PUC.
SECTION B. EXHIBITS
The exhibits listed below are attached hereto and made a part of this Agreement:
Exhibit A Project Location Map
Exhibit B 100% Design -Build Plans and Specifications
Exhibit C Contractor Right of Entry Agreement
Exhibit D Railroad's Estimate for Plan Review, Inspection,
Testing/Commissioning and Flagging
Exhibit E Railroad's Standard Signal Specifications
ARTICLE II — SCOPE OF WORK
1. The term "Project" as used in this Agreement includes any and all work
related to the installation of Crossing Improvements, more particularly described on
Exhibit B attached hereto and incorporated herein, including, but not limited to, any and
all changes to telephone, telegraph, signal and electrical lines and appurtenances,
installation of advance warning signs and pavement marking stop bars, alterations to or
new construction of drainage facilities, preliminary and construction engineering, contract
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preparation and construction management. The Crossing Improvements shall adhere to
the PUC Approval.
ARTICLE III — RAILROAD OBLIGATIONS
In consideration of the covenants of County and MM set forth herein and the faithful
performance thereof, Railroad agrees as follows:
1. For and in consideration of ONE DOLLAR ($1), and other good and
valuable consideration, the sufficiency of which is hereby acknowledged, and in further
consideration of MM's agreement to perform and comply with the terms of this
Agreement, GWR hereby grants to MM, MM's Contractors and the County the right to
enter upon the GWR right of way in accordance with and upon the execution of the
Contractor's Right of Entry Agreement set forth in Exhibit C, for the purpose of
constructing the Crossing Improvements.
2. Prior to commissioning of the Crossing Improvements installed by MM and
its Contractor, GWR's sole responsibility will be to (1) review and approve MM's Plans for
the Project for general compliance with GWR's Standard Signal Specifications, as set
forth in Exhibit E, but not for errors or omissions, location, or compliance with all applicable
laws and regulations; (2) provide guidance to the successful Contractor during the
Contractor's design of the railroad signals and bungalows, such that the final installation
and operation will be acceptable to GWR; (3) execute the Contractor's Right of Entry
Agreement with MM's Contractor; (4) perform on -site flagging services and inspections
during construction of the Crossing Improvements; (5) perform testing/commissioning of
the automatic signals installed as part of the Crossing Improvements; (6) perform
testing/commissioning in order to accept the Crossing Improvements once completed;
and (7) such other required inspections, review and approval to achieve completion of the
Project. Collectively, these GWR undertakings shall be referred to herein as the "Railroad
Work."
3. The Railroad Company's System Engineer, or his authorized
representative, have previously approved the Plans in writing and they are attached
hereto as Exhibit B. Approval by GWR shall not be construed or deemed to be a
ratification or an adoption by GWR of the Plans. Any approval by GWR shall mean only
that the Plans meet the subjective standards of GWR as set forth in Exhibit E, and such
approval by GWR shall not be deemed to mean that the Plans or construction is
structurally sound and appropriate or that the Plans meet applicable regulations, laws,
statutes or local ordinances and/or building codes. GWR's review and approval of the
Plans in no way relieves MM or its Contractor from their responsibilities, obligations and/or
liabilities under this Agreement, and are given with the understanding that GWR makes
no representations or warranty as to the validity, accuracy, legal compliance or
completeness of the Plans and that any reliance by MM or its Contractor on the Plans is
at the risk of the MM. The GWR shall not be liable or responsible in any manner for the
structural design, details or construction of the Crossing Improvements. No changes in
the Plans shall be made unless GWR has consented to such changes in writing. All work
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under this Agreement shall be performed strictly in compliance with the Plans, and such
special provisions and any guidelines or standards furnished by the GWR to MM for this
Project prior to the date of this Agreement. No work is to commence until GWR's System
Engineer or his authorized representative have provided their final acceptance of the
Plans.
4. An estimate of the Railroad Work for the Project is attached hereto as
Exhibit D and incorporated herein. Such estimate is not an offer to enter into an
agreement for a lump sum or guaranteed maximum price but merely an estimate of the
anticipated costs of the Railroad Work. In the event construction for a crossing within the
Project scope has not commenced within six (6) months following the effective date of
this Agreement, GWR may, in its reasonable discretion, revise the cost estimates set forth
in said Exhibit D. In such event, the revised cost estimates will become a part of this
Agreement as though originally set forth herein, and GWR will notify MM of therevised
cost estimate prior to sending the invoice for such work as described in Article IV, Section
6 herein. Any item of work incidental to the items listed on Exhibit D not specifically
mentioned therein may be included as a part of this Agreement upon written approval of
MM, which approval will not be unreasonably withheld or delayed.
5. GWR shall bill based on all actual costs incurred by GWR in performing the
Railroad Work, which will include GWR's burden rate of L37.1% 1 ("GWR's Actual
Costs"). GWR will finalize and complete billing of all incurred costs under this Agreement
no later than one hundred twenty (120) days following final testing and commissioning of
the Crossing Improvements, and MM shall remit payment within thirty (30) days of receipt.
All cost records of the GWR pertaining to the Project will be open to inspection and audit
at any reasonable time by representatives of MM for a period of one (1) year from the
date of the final GWR invoice under this Agreement.
ARTICLE IV — MM OBLIGATIONS
In consideration of the covenants of GWR set forth herein and the faithful
performance thereof, MM agrees as follows:
1. At MM's expense, it prepared the Plans and GWR's System Engineer
reviewed and approved them in writing, as stated above at Article III, Section 3, and they
are incorporated herein as Exhibit B. Approval by GWR shall not be construed or deemed
to be a ratification or an adoption by GWR of the Plans. Any approval by GWR shall
mean only that the Plans meet the subjective standards of GWR as set forth in Exhibit E,
and such approval by GWR shall not be deemed to mean that the Plans or construction
is structurally sound and appropriate or that the Plans meet applicable regulations, laws,
statutes or local ordinances and/or building codes. GWR's review and approval of the
Plans in no way relieves MM or its Contractor from their responsibilities, obligations and/or
liabilities under this Agreement, and are given with the understanding that GWR makes
no representations or warranty as to the validity, accuracy, legal compliance or
completeness of the Plans and that any reliance by MM or its Contractor on the Plans is
at the risk of the MM. The GWR shall not be liable or responsible in any manner for the
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structural design, details or construction of the Crossing Improvements. No changes in
the Plans shall be made unless GWR has consented to such changes in writing. All work
under this Agreement shall be performed strictly in compliance with the Plans, and such
special provisions and any guidelines or standards furnished by the GWR to MM for this
Project prior to the date of this Agreement. Upon completion of the Project, MM shall
provide at its expense one set of reproducible "as constructed" Plans of the Crossing
Improvements.
2. MM shall advertise the Project, solicit bids and enter into a construction
contract for the Crossing Improvements in accordance with the terms of this Agreement.
3. Prior to Contractor performing any work related to the Crossing
Improvements or entering upon GWR's right of way, MM shall require Contractor to (1)
execute GWR's current Contractor's Right of Entry Agreement, which is attached as
Exhibit C, (2) obtain the then current insurance required in the Contractor's Right of Entry
Agreement, and (3) provide such insurance policies, certificates, binders and/or
endorsements to GWR. All insurance correspondence, binders, policies, certificates
and/or endorsements shall be sent to GWR as set forth in Article VII, Section 9.
4. MM must perform or cause Contractor to perform, at MM's expense, all work
necessary to complete the Crossing Improvements in accordance with the Plans as
approved by GWR, excluding the Railroad Work.
5. MM agrees to reimburse GWR's Actual Costs for performing the Railroad
Work within thirty (30) days of MM's receipt of billing. MM also agrees to reimburse GWR
for work of an emergency nature resulting from any acts, omissions or fault of MM or
Contractor in connection with the Project that GWR deems in its sole judgment is
necessary for the immediate restoration of railroad operations, or for the protection of
persons or GWR property. Such work may be performed by GWR without prior approval
of MM or Contractor so long as GWR provides notice within 72 hours of the performance
of such work and the necessity thereof and MM agrees to reimburse GWR for all such
emergency work. In the event MM shall fail to pay any monies due GWR within thirty (30)
days after receipt of the invoice, MM shall pay interest at the rate of one percent (1%) per
month of the outstanding balance of monies owed.
6. MM shall include the Contractor's Right of Entry Agreement, attached
hereto as Exhibit C, and GWR's Signal Specifications, attached hereto as Exhibit E,
(collectively, the "Railroad Provisions") in the bid documents provided to each contractor
from which MM, or a representative acting on behalf of MM ("MM's Representative"),
solicits a bid for construction of MM's portion of the Project. Railroad Provisions shall be
included in the construction contract between MM and others performing work associated
with the installation of Crossing Improvements, including but not limited to MM's
Representative, contractors for signals, signage, detours, and roadway improvements.
During negotiations with the Contractor(s), MM will promptly notify GWR of any
modifications requested by the Contractor to the Railroad Provisions to facilitate an
agreement between MM, GWR and the Contractor regarding such modification. GWR
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may, at its sole discretion, approve or disapprove any request for modification of the
Railroad Provisions. Notwithstanding the foregoing, GWR, at its sole discretion, reserves
the right to reject and disqualify any contractor working within the GWR right of way GWR
deems not qualified to properly install the Crossing Improvements.
7. MM shall maintain supervision over the operations of its Contractors while
performing the installation of Crossing Improvements across or adjacent to GWR's
property. The responsibility of MM for supervision shall not be lessened or otherwise
affected by GWR's approval of the Plans or by the GWR's collaboration in performance
of any work, or by the presence at the work site of GWR's representatives, or by
compliance by MM or the Contractor with any requests or recommendations made by
such representatives. If a representative of GWR is assigned to the Project, MM and the
Contractor will give due consideration to suggestions and recommendations made by
such representative for the safety and protection of GWR's property and operations.
8. MM's construction contract will include provisions that require the
Contractor take such measures (by notice or by change order) as GWR and MM may
agree upon in writing respecting any utilities located upon GWR's right of way as
hereinafter provided. The Plans identify Century Link, Poudre Valley REA (electric), and
Public Services Co. (gas) as the utilities located on GWR's property for relocation to
accommodate the Crossing Improvements. MM shall require that if, during the
construction of the Crossing Improvements, the Contractor discovers any additional utility
that has a right to be on GWR's right of way, but that is not specifically mentioned and
provided for elsewhere in the Plans or identified by the GWR, which utility must be moved,
repaired, reconditioned or relocated because of this Project, the Contractor shall initiate
immediate notice thereof to MM and GWR, and MM will furnish directions respecting the
same; but, unless otherwise agreed upon between MM and GWR, MM will authorize the
Contractor to make only such temporary or emergency repairs as may be required to
protect and safeguard the utility and the property of GWR prior to commencement of work
thereon by the owner of the utility or GWR. When such operations are undertaken by the
owners of the utility or GWR, MM will require the Contractor to cooperate to the extent
that ample protection of such work will be provided, to the end that the entire Project
contemplated by this Agreement may be expedited. The terms "utility" and "utilities" as
used herein include all properties and facilities of any person, firm or corporation
constituting any part of the utility system, including, but not limited to, pipe lines, wire lines,
fiber optic lines, tube lines, water and gas mains, electrical conduits, sewer pipes,
overhead wiring, and supporting structures and appurtenances. All proposed and
relocated utilities are subject to the prior review and approval of the GWR's System
Engineer or his authorized representatives and shall comply with the GWR's standard
specifications and requirements, including, without limitation, American Railway
Engineering and Maintenance -of -Way Association ("AREMA") standards and guidelines.
All costs for the above referenced or any later discovered utility relocation will be borne
by MM.
9. MM will require its Contractor to furnish, maintain and install advance
warning signs, barricade protection, and/or detours subject to approval by County which
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may be required for the duration of the Project for the protection of the public, GWR's
facilities and the work contemplated hereunder.
10. MM will require its Contractor to cooperate with the officers and the
authorized representatives of GWR to the end that the Contractor's work will be initiated,
conducted, and completed in such manner as to cause no interference whatsoever with
the safety or the continuous and uninterrupted use and operation of the tracks, wire lines
and other facilities belonging to the GWR or its tenants.
11. If the Contractor violates the GWR and Contractor executed Contractor's
Right of Entry Agreement (which requires compliance with Exhibits B and E of this
Agreement), GWR shall have the right to stop the installation of the Crossing
Improvements across or adjacent to GWR property until the acts or omissions of such
Contractor have been fully rectified to the satisfaction of GWR's System Engineer, or until
additional insurance has been delivered to and accepted by GWR's Risk Management
department. A work stoppage under this Section shall not give rise to or impose upon
GWR any liability to MM, the County, or any Contractor. In the event GWR shall stop the
installation of Crossing Improvements, GWR shall give immediate notice thereof, in
writing, to MM and the County in accordance with Article IX, Section 8.
ARTICLE V — COUNTY OBLIGATIONS
1. For Crossing Improvements not on GWR property, County shall acquire
perpetual rights for improvements or any modifications to improvements from third party
owners which shall be approved by GWR, at its sole discretion, in writing and County
shall grant perpetual rights for improvements on County property or public right of way to
GWR which shall be approved by GWR, at its sole discretion, in writing.
2. Prior to County performing any work on the Crossing Improvements or
entering upon GWR's right of way, County shall require any agent or Contractor to (1)
execute GWR's then current Contractor's Right of Entry Agreement, attached hereto as
Exhibit C, (2) obtain the then current insurance required in the Contractor's Right of Entry
Agreement, and (3) provide such insurance policies, certificates, binders and/or
endorsements to GWR. All insurance correspondence, binders, policies, certificates
and/or endorsements shall be sent to GWR as set forth in Article VII, Section 9.
3. County must have advance railroad crossing warning signs and standard
pavement markings in place at the Crossing (if the same are required by the PUC's
Approval) prior to testing and commissioning of the signals by GWR.
4. County assumes full responsibility for the installation and maintenance of
advance warning signs and pavement markings and, to the extent permitted and as
limited by Colorado law, agrees to hold harmless and indemnify GWR for any claims,
damages or losses, in whole or in part, caused by or due to the County's failure to
maintain the advanced warning signs and markings or other requirements of the Manual
on Uniform Traffic Control Devices issued by the Federal Highway Administration.
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ARTICLE VI- MAINTENANCE, REPAIR, AND REPLACEMENT OBLIGATIONS
In consideration of the mutual covenants of the parties contained herein and the
premises, the parties mutually agree as follows:
1. Upon completion of the installation of the Crossing Improvements to the
satisfaction of GWR's System Engineer or their authorized representative, GWR will,
accept the Crossing Improvements from MM and, at GWR's sole cost and expense and
pursuant to 4 CCR 723-7-7301, operate and maintain all railroad warning devices at the
Crossing, including flashing light signals, bells, gates, crossbucks and railroad signage
within GWR's right-of-way associated with the Crossing Improvements. County shall, at
its sole cost and expense and pursuant to 4 CCR 723-7-7211(c), maintain advance
warning signs, pavement striping, roadway approaches to the Crossing surface, which
shall include all grading, road surfaces and drainage facilities, curb and gutter, sidewalks
and bike paths at the Crossing. Pursuant to 4 CCR 723-7-7211(a), in the event the
surface of the Crossing needs maintenance, repair, or replacement, County shall bear
the cost of materials and GWR shall bear the labor costs and perform the work.
2. If a subsequent highway improvement project undertaken in whole or in part
by the County necessitates rearrangement, relocation, or alteration of the Crossing
Improvements installed hereunder, the costs for such rearrangement, relocation or
alteration will be the responsibility of the County.
3. If a subsequent railway improvement project undertaken by GWR
necessitates rearrangement, relocation, or alteration of the Crossing Improvements
installed hereunder, the costs for such rearrangement, relocation or alteration will be the
responsibility of GWR.
4. If, prior to the completion of the Crossing Improvements by MM and
acceptance of the Crossing Improvements by GWR, any of the Crossing Improvements
are partially or wholly destroyed, then the cost of repair and/or replacement costs shall
be distributed between the parties as follows:
a) In the event GWR's sole negligence or intentional act destroys or
damages the Crossing Improvements, GWR must repair or replace such
Crossing Improvements at its expense.
b) In the event MM's sole negligence or intentional act destroys or
damages the Crossing Improvements, MM must, at its sole cost and
expense, pay to GWR the cost to replace or repair such damaged Crossing
Improvements.
c) In the event the Crossing Improvements are damaged or destroyed
by any other cause to which neither party is determined to be a contributor,
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GWR shall at its sole cost and expense pay the cost to replace or repair
such Crossing Improvements.
5. If the Crossing Improvements being maintained by GWR hereunder cannot,
in GWR's sole discretion, due to age or obsolescence, be maintained, or, by virtue of its
obsolescence, requires replacement, the cost of installation of any new Crossing
Improvements will be responsibility of the County at its sole cost and expense at the time
of such replacement is warranted.
ARTICLE VII — INSURANCE
MM shall purchase and maintain and cause its Contractor (as primary insurer) to
purchase and maintain insurance as specified below covering the work for the Crossing
Improvements to be performed pursuant to this Agreement and all obligations assumed
pursuant to it, from effective date of this Agreement until expiration or termination with
insurance companies assigned a current Financial Strength Rating of at least A and
Financial Size Category of X or better by A. M. Best Company or an equivalent rating
agency approved by GWR. MM shall require all subcontractors likewise to procure and
maintain this same insurance unless they are covered by MM's insurance:
1. Workers' Compensation Insurance providing Workers' compensation
benefits mandated under applicable state law and employer's liability insurance subject
to minimum limits of not less than $1,000,000 Bodily Injury by Accident, Each Accident;
$1,000,000 Bodily Injury by Disease, Policy Limit; $1,000,000 Bodily Injury by Disease,
Each Employee, and includes a waiver of subrogation in favor of GWR and the parties
specified in Article VII, Section 6.
2. Commercial General Liability Insurance subject to limit of $1,000,000
each occurrence for bodily injury, property damage, personal injury and libel and/or
slander with an annual aggregate limit of no less than $2,000,000. Policy coverage is to
be based on usual Insurance Services Office ("ISO") policy forms, or equivalent, to
include, but not be limited to: Operations and Premises Liability, Completed Operations
and Products Liability, Personal Injury Liability and Contractual Liability insurance. Any
and all General Liability policies procured by MM and MM's Contractor shall be amended
to delete any and all railroad exclusions including exclusions for working on or within fifty
feet (50') of any railroad property, railroad track, railroad bridge, trestle or tunnel.
3. Business Automobile Liability Insurance subject to a minimum limit of
$1,000,000 each accident for bodily injury and property damage. Policy coverage shall
be based on usual ISO policy forms referred to as Business Automobile Policy ("BAP") to
cover motor vehicles owned, leased, rented, hired or used on behalf of MM or MM's
Contractor.
4. Umbrella Liability Insurance subject to a limit of $4,000,000 each
occurrence for bodily injury, property damage, personal injury and libel and/or slander.
Policy coverage is to be at least as broad as primary coverages and include, but not be
limited to, Operations and Premises Liability, Completed Operations and Products
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Carly Koppes, Clerk and Recorder, Weld County, CO
of 15
BB it l
Liability, Personal Injury Liability, and Contractual Liability insurance. Completed
Operations coverage is to be maintained for a period of not less than three (3) years after
the expiration or termination of this Agreement.
5. Railroad Protective Liability Insurance. Contractor must maintain
Railroad Protective Liability ("RPL") insurance written on ISO occurrence form GC 00 35
12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named
insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of
$6,000,000. The definition of "Job Location" and "Work" on the declaration page of the
policy shall refer to this Agreement and shall describe all Work or Operations performed
under this Agreement. Contractor shall provide this Agreement to Contractor's insurance
agent or broker and Contractor shall instruct such agent and/or broker to procure the
insurance coverage required by this Agreement. A binder of insurance stating the policy
is in place must be submitted to Railroad before work may commence and until the
original policy is forwarded to Railroad's Representative identified in the Contractor's
Right of Entry Agreement.
The named insured shall read:
Great Western Railway of Colorado, LLC
252 Clayton Street, 4th Floor
Denver, Colorado 80206
Attn: Risk Management
6. All insurance required of MM and MM's Contractor with the exception of
Workers' Compensation and Employers' Liability shall include GWR, OmniTRAX, and any
subsidiary, parent or affiliates of OmniTRAX and their owners, agents, representatives,
members, managers, officers, directors, shareholders, and employees as additional
insured and include wording which states that the insurance shall be primary and not
excess over or contributory with any insurance carried by GWR, OmniTRAX and its or
their affiliates.
7. All insurance shall provide a minimum of thirty (30) days advance written
notice of insurer's intent to cancel or otherwise terminate policy coverage.
8. All policies shall be written on an occurrence basis. If MM or MM's
Contractor cannot obtain an occurrence based policy for any required coverage, policies
may be written on a claims made basis. If any policies providing the required coverage(s)
are written on a claims -made basis, the following is applicable:
i. The retroactive date shall be prior to the commencement of the
construction of the Crossing Improvements.
ii. MM and MM's Contractor shall maintain such policies on a continuous
basis.
iii. If there is a change in insurance companies or the policies are canceled or
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII KIM V li)IVOliflli ltillailira;lh!llidlIiiyi VIII
)of15
not renewed, MM and MM's Contractor shall purchase an extended reporting
period of not less than three (3) years after the Agreement expiration or
termination date.
9. Prior to commencing any work at the Crossing, MM shall file and shall cause
its Contractor to file with GWR and its affiliates a valid Certificate of Insurance for all
required insurance policies. Each certificate shall identify GWR, OmniTRAX, its (or their)
affiliates and other required parties as set forth above as additional insured. Each certificate
shall require insurer provide a minimum of thirty (30) days advance written notice of
insurer's intent to cancel or otherwise terminate policy coverage. If MM or MM's Contractor
ever receives the notice of intent to cancel or otherwise terminate, MM or MM's Contractors
shall provide this notice to GWR. Prior to expiration of such insurance, Contractor shall
supply updated Certificates of Insurance that clearly evidence the continuation of all
coverage in the same manner, limits of protection, and scope of coverage, as was provided
by the original Certificates and as required in this Article VII.
10. MM hereby waives all rights of subrogation against GWR, OmniTRAX, it's
(or their) affiliates, and other required parties as set forth above for damages to the extent
covered by insurance. All insurance policies of MM and MM's Contractor shall allow that
any release from liability of or waiver of claim for recovery from any other party entered
into in writing by MM prior to any loss or damage shall not affect the validity of said
policy(ies) or the right of the insured or insureds to recover under them.
11. MM's or MM's Contractor's compliance with obtaining the above insurances
shall in no way limit the "Liability and Indemnity" afforded to the Indemnified Parties.
ARTICLE VIII — Liability and indemnity
1. MM ASSUMES ALL RISK OF LOSS AND SHALL DEFEND, INDEMNIFY,
AND HOLD GWR, OMNITRAX, THEIR OWNERS, PARENT, MANAGEMENT AND
AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS,
MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, SHAREHOLDERS AND
ASSIGNS ("INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND
ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING UNDER THE
FEDERAL EMPLOYER'S LIABILITY ACT, LIABILITIES, DAMAGES, LOSSES, COSTS
OR EXPENSES (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSES,
REASONABLE ATTORNEYS' FEES AND COSTS INCURRED OR SUSTAINED BY THE
INDEMNIFIED PARTIES, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS,
ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE
INDEMNIFICATION RIGHTS HEREBY CONFERRED) FOR ALL INJURIES OR DEATH
OR DAMAGE TO THIRD PARTIES OR EMPLOYEES OF EITHER PARTY AND
DAMAGE TO THE PROPERTY OF ANY PARTY, TO THE EXTENT OCCASIONED BY
ANY ACT OR OMISSION OF MM OR OF ANYONE DIRECTLY OR INDIRECTLY
EMPLOYED BY MM OR ANY SUBCONTRACTOR AND RESULTING FROM OR
ARISING OUT OF THE WORK PERFORMED OR TO BE PERFORMED PURSUANT
TO THIS AGREEMENT, EXCEPT TO THE EXTENT CAUSED BY THE INTENTIONAL
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII 14U�.r��C�ll� lliaNi'li,Rl'��i�+ iiiiR !'l +�I��It ilik 11111
MISCONDUCT OR THE GROSS NEGLIGENCE OF THE PARTY SEEKING
INDEMNIFICATION.
2. MM FURTHER AGREES TO ASSUME ALL RISK OF LOSS AND TO
DEFEND, INDEMNIFY, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM
AND AGAINST ANY AND ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS
ARISING UNDER THE FEDERAL EMPLOYER'S LIABILITY ACT, LIABILITIES,
DAMAGES, LOSSES, COSTS OR EXPENSES (TOGETHER WITH ALL LIABILITY FOR
ANY EXPENSES, REASONABLE ATTORNEYS' FEES AND COSTS INCURRED OR
SUSTAINED BY THE INDEMNIFIED PARTIES, WHETHER IN DEFENSE OF ANY
SUCH CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OR IN THE
ENFORCEMENT OF THE INDEMNIFICATION RIGHTS HEREBY CONFERRED) FOR
ALL INJURIES OR DEATH OR DAMAGE TO THIRD PARTIES OR EMPLOYEES OF
EITHER PARTY AND DAMAGE TO THE PROPERTY OF ANY PARTY, TO THE
EXTENT OCCASIONED BY SEEPAGE CAUSED BY MM, OR ANYONE DIRECTLY OR
INDIRECTLY EMPLOYED BY OR FOR MM OR ANY SUBCONTRACTOR WHICH
CAUSE OR CREATE POLLUTION, CONTAMINATION OR ADVERSE EFFECTS ON
THE ENVIRONMENT, DUE TO, BUT NOT LIMITED TO, THE DISPOSAL OF ANY
MATERIAL OR SUBSTANCE, INCLUDING, BUT NOT LIMITED TO, BATTERIES,
DISCHARGE, ESCAPE DISPERSAL, RELEASE OR SATURATION OR SMOKE,
VAPORS, SOOT, FUMES, ACIDS, ALKALIS, TOXIC CHEMICALS, LIQUIDS, GASES,
OR HAZARDOUS SUBSTANCES INTO THE ATMOSPHERE OR ON, ONTO OR INTO
THE SURFACE OR SUBSURFACE SOIL. MM SHALL NOT BE LIABLE TO THE
EXTENT THAT ANY SUCH LIABILITY, LOSS, DAMAGE, COST, OR EXPENSE IS
CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF THE
PARTY SEEKING INDEMNIFICATION.
3. MM SHALL INDEMNIFY, HOLD HARMLESS, AND ASSUME THE COST
OF DEFENSE OF THE INDEMNIFIED PARTIES FROM AND AGAINST ALL CLAIMS,
ACTIONS OR LEGAL PROCEEDINGS ARISING FROM THE VIOLATION OR
ALLEGED VIOLATION OF ANY LAWS, ORDINANCES, ORDERS OR REGULATIONS
BY MM OR ANY OF ITS SUBCONTRACTORS.
ARTICLE IX - OTHER PROVISIONS
1. This Agreement will inure to the benefit of and be binding on the parties
hereto, their successors, and assigns.
2. In the event any paragraph contained in this Agreement or any item, part,
or term within any particular paragraph is determined by a court of competent jurisdiction
to be invalid or unenforceable, the validity of the remaining paragraphs or items will not
be affected; and the rights and obligations of the parties will be construed and enforced
as if this Agreement did not contain that particular paragraph or item held to be invalid or
unenforceable.
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Carly Koppes, Clerk and Recorder, Weld County, CO
111111
3. This Agreement may be signed in counterparts, any one of which will be
deemed to be an original. The parties further agree that any facsimile or .pdf copy of a
party's signature is valid and binding to the same extent as an original signature.
4. This Agreement shall become effective as of the date first herein written and
shall continue in effect until completion of the Project. Notwithstanding the foregoing, the
provisions of Article V, Section 4, Article VI, Sections 1-5, and the Liability and Indemnity
provisions of Exhibit C shall survive termination and shall continue in full force and effect
so long as the Crossing Improvements remain.
5. GWR may terminate this Agreement effective upon delivery of written notice
to County and MM in the event MM does not commence construction on the portion of
the Crossing Improvements located on GWR's property within twenty four (24) months
from the effective date of this Agreement.
6. The parties shall cooperate in presenting all matters involved to the PUC in
connection with the applications associated with the Crossing Improvements. The
provisions of this Agreement pertaining to the performance of the Crossing Improvement
work shall not become effective until approval thereof has been obtained from the PUC.
7. GWR, County and MM each represent and warrant that they have taken all
actions that are necessary or that are required by their procedures, bylaws, or applicable
law, to legally authorize the undersigned signatories to execute this Agreement on behalf
of GWR, County, and MM.
8. Any notice or other communication required or permitted by this Agreement
shall be in writing and shall be deemed to have been duly given as of the: (i) date
personally delivered, (ii) within three (3) days after depositing with the United States
Postal Service, postage prepaid by registered or certified mail, return receipt requested,
or (iii) the date deposited with Federal Express or other overnight delivery service from
which a receipt may be obtained, and addressed as follows:
If to MM:
Attn: Julie Mikulas, Land Manager
Martin Marietta Materials, Inc.
1627 Cole Blvd, Ste 200
Lakewood, CO 80401
Phone: (970) 227-4041
Fax: (970) 407-3900
If to County:
Michael Bedell, Senior Engineer
Weld County Public Works Department
1111 H Street
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Carly Koppes, Clerk and Recorder, Weld County, CO
1M EillA lifil :`lilIMIril4tiAgeli litni MI41111
If to GWR:
Attn: General Counsel
Great Western Railway of Colorado, LLC
252 Clayton Street, 4th Floor
Denver, Colorado 80206
Phone: (303) 398-4500
Fax: (303) 398-4540
3of15
Greeley, CO 80632-0758
Phone: 970-304-6496, ext. 3706
Fax: 970-304-6497
[Signatures on Following Page]
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Carly Koppes, Clerk and Recorder, Weld County, CO
lei IONIC 1 V
Page 14 of 15
016276\0027\14722703.6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
GREAT WESTER
By:
Printed Name:
Title:
AY O,ff COLORADO, LLC
MARTIN IMAJ IETTA MATERIALS, INC.
By:
Printed Name: /`%777q/e/r Gam /Te�
Title: 42/ `/f7 ,,/, ".1^/x, 4/
WELD COUNTY, COLORADO:
ATTEST: e'�
Weld County Clerk to the Board
By:
Board of County Commissioners
Weld County, Colorado
Deputy CI;G to the Bo �� ��� Julie A. Coz. d Chair
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Carly Koppes, Clerk and Recorder, Weld County, CO
IIIINFONNIAPPAINlihtlillIZIATAlki 1I II
Page 15 of 15
016276\0027\14722703.6
do/ 7-. 07.16')
EXHIBIT "A"
Project Location Map
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII INctlI VIII. 1J:F 44:I40.15'i:W1i1Wi !, II iit IVIWAY4HIs III II
NORTHERN
ENGINEERING
DESCRIPTION:
A tract of land located in the Northwest Quarter of Section 18, Township 5 North, Range 67
West of the Sixth Principal Meridian and the Northeast Quarter of Section 13, Township 5
North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado being
more particularly described as follows:
Considering the West line of the Northwest Quarter of Section 18 as bearing South 00° 00' 17"
East, and with all bearings contained herein relative thereto:
COMMENCING at the Northwest corner of Section 18; thence along the West line of the
Northwest Quarter of Section 18, South 00° 00' 17" East, 560.59 feet to a point on the North
right-of-way line of the Great Western Railway Company, said point being the POINT OF
BEGINNING; thence along said North right-of-way line, North 65° 25' 08" East, 32.99 feet to a
point on the East right-of-way line of Weld County Road 13; thence along the South right-of-
way line of Weld County Road 13 as dedicated at Reception No. 4213802 and 4213998, North
65° 25' 08" East, 29.69 feet; thence departing said South right-of-way line, South 00° 00' 17"
East, 88.57 feet to a point on the North right-of-way line of Weld County Road 13 as dedicated
at Reception No. 4213802 and 4213998, said point also being on the South right-of-way line of
the Great Western Railway Company; thence departing said line, South 65° 26' 16" West, 29.69
feet to a point on the West right-of-way line of Weld County Road 13; thence departing said
Weld County Road 13 right-of-way and continuing along Great Western Railway Company
right-of-way, South 65° 26' 16" West, 65.97 feet to a point on the West right-of-way line of
Weld County Road 13; thence along said West right-of-way line, North 00° 00' 17" West, 88.54
feet to a point on the North right-of-way line of the Great Western Railway Company; thence
along said North right-of-way line, North 65° 25' 08" East, 32.99 feet to the POINT OF
BEGINNING.
The above described tract of land contains 7,704 square feet or 0.177 acres, more or less, and is
subject to all easements and rights -of -way now on record or existing.
March 17, 2017
LMS
S:\Survey Jobs\1040-002\Dwg\Exhibits\1040-002 RR ROW Description 2 3-15-17.docx
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 Vida Ill I LPAVIA Ilikk701111014 tI III
Page 1 of 2
FORT COLLINS: 301 North Howes Street, Suite 100, 80521 1970.221.4158
GREELEY: 820 8th Street, 80631 1970.395.9880 I WEB: www.northernengineering.com
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PAGE 2 OF 2
EXHIBIT "B"
100% Design -Build Plans and Specifications
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Carly Koppes, Clerk and Recorder, Weld County, CO
BEFORE THE PUBLIC UTILITIES
COMMISSION OF THE STATE OF COLORADO
DOCKET NO
IN THE MATTER OF THE APPLICATION OF BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO FOR AUTHORITY TO ALTER THE HIGHWAY -RAIL GRADE
CROSSING (DOT NO. 849369H) OF CR 13, GWRCO MP 24.01, ON THE GREAT WESTERN
RAILWAY OF COLORADO, LLC, LONGMONT SUBDIVISION.
APPLICATION
The Board of County Commissioners of Weld County, Colorado, (herein "Applicant" or "Weld
County"), by and through its counsel, hereby applies to the Colorado Public Utilities Commission for
an order authorizing the alteration of the at -grade crossing of CR 13 and the Great Western Railway of
Colorado, LLC (hereinafter "GWRCO") tracks by widening and improving the crossing to
accommodate a widened roadway to the east of the existing edge of travel way and installing active
warning devices. In support of the Application, Applicant states as follows:
I. Applicant is Weld County. Its principal place of business is 1111 H Street, Greeley, Colorado, 80631.
2. Weld County is not a corporation or limited liability company.
3. Weld County is not a partnership.
4. County of Weld's representative for the purposes of this application is Janet Lundquist, Traffic
Engineer, Weld County Public Works, 1 1 1 1 H Street, Greeley, Colorado, 80632; (970) 304-6496 ext.
3726; ilundquistriSco.weld.co.us
S. The U.S. DOT number for the crossing is 84936911. This crossing is on GWRCO's Longmont
Subdivision, MP 24.01.
6. To accommodate increased traffic on CR 13 due to Martin Marietta's proposed development, Weld
County is requiring the road be widened and therefore the existing grade crossing at CR 13 needs to be
widened as well. The design was performed under Weld County's supervision as part of Martin
Marietta's proposed development facility project improvements. The CR 13 grade crossing is located 7
miles east of Loveland, CO, on the border between Larimer County and Weld County. See Vicinity
Map, Exhibit A. The work will involve widening the grade crossing, installing new track and new
panels across the entire crossing, installing new gates with flashers for both directions, installing new
railroad cantilever for NB direction, installing new railroad signal cabinet, installing new queue cutter
signal for NB direction, installing new traffic signal cabinet and installing new R10-6 sign for NB
direction.
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII rs'.ur ti
�1411ki 1111
7. CR 13 is a two-lane north -south rural arterial road with a vehicle speed limit of 55 mph. Photos of the
crossing are attached as Exhibit B and Exhibit C. The CR 13 crossing is located approximately 450
feet south of Highway 34. It is currently a two-lane, paved roadway, approximately 24 feet wide. The
crossing is equipped with passive warning devices in the form of crossbucks. The crossing surface
consists of asphalt track panels. GWRCO has one mainline track at the CR 13 crossing. The timetable
speed for the GWRCO mainline at the crossing is 10 mph. Currently, an average of 4-6 freight trains
cross CR 13 per week based on data from the Diagnostic Meeting that occurred October 8, 2015.
Railroad freight volumes may rise along the Longmont Subdivision due to anticipated customers. There
is no passenger train service on this line. The Traffic Impact Study (completed in 2015) shows an
existing daily average of 690 vehicles at the CR 13 crossing.
The Traffic Impact Study also provided 2 year and 20 year projections of vehicle traffic at the crossing.
In 2017, the average daily traffic using the CR 13 crossing is expected to increase to 1815 vehicles. In
2035, the average daily traffic using the CR 13 crossing is expected to increase to 4355 vehicles.
8. Detailed plans for the alterations to the CR 13 crossing, including profiles of the crossing, are attached
as Exhibit D, E, F and G. In addition, the calculation for Advanced Preemption Time is attached as
Exhibit H. The alterations include widening the roadway to have 2-12' lanes NB with a 2' paved
shoulder and a 2' gravel shoulder and 1-12' lane SB with a 2' paved shoulder and a 2' gravel shoulder.
The alterations also include removing the existing asphalt crossing panels, all rail, cross ties and
installing new ties, rail, and concrete panels extending across the new widened roadway. The design
also proposes installing: new railroad entrance gates with flashers for both directions, new railroad
signal house, new traffic signal cabinet, new highway grade crossing cantilever for NB traffic, new
queue cutter signal for NB traffic, new R 10-6 (Lt) sign for NB traffic, and new pavement markings at
locations consistent with the MUTCD (collectively "the CR 13 Improvements"). There will be RR
signal interconnection between the queue cutter signal and the railroad signal house.
9. A cost estimate for the CR 13 Improvements at the GWRCO Crossing based on the 100% design is
attached as Exhibit I. The estimated cost is $402,500. Martin Marietta will bear all costs for the CR
13 Improvements.
10. Martin Marietta will start the project after PUC approval. The estimated date of approval is November
2016. Martin Marietta and their contractor(s) will construct the improvements. Construction is
expected to be fully completed by September 2017.
I L The schematic diagram (front sheet) of the crossing warning devices is attached as Exhibit J.
12. GWRCO has consented to allow complete replacement and widening the existing grade crossing
(including substructure, ties, rail, and surface) at CR 13, CO on certain terms and conditions set forth
in a Draft Construction and Maintenance Agreement.
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Weld County , CO
Carly Koppes, Clerk and NPIIIPIMIVOilLitilifirfilikk,IMNINAlik
,1111
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13. The name of the adjacent property owners, public utilities, municipalities, counties and state that may
be interested and or affected is as follows:
Property Owners:
Great Western Railway of Colorado, LLC
252 Clayton Street
Denver, CO 80206
Ghaboosi MajidiAsari Nadereh Trust and Amirfathi Karim/Sharon J
16 Calella
Laguna Niguel, CA 92677-8618
Weld 34 LLC
910 54`h Avenue
Suite 230
Greeley, CO 80634-4403
Barbara and Dennis Moe
1209 N County Road 1
Loveland, CO 80534
Utilities:
DCP Midstream
3026 4th Avenue
Greeley, CO
Kauffman Well Svc Field Office
10137 County Road 19
Fort Lupton, CO 80621
Anadarko
1099 18`'' Street
Suite 1800
Denver, CO 80202
Xcel Energy Electric and Gas
10001 W. Hampden Avenue
Lakewood, CO 80227
Poudre Valley Rural Electric Association, Inc
Attn: Jim Rosintoski, Engineering Director
P.O. Box 272550
7649 REA Parkway
Fort Collins, CO
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Weld County, CO
Carly111 KoPPes, Clerk and I
III
Governmental Authorities:
Weld County Public Works Department
1 1 1 1 Street
P.O. Box 758
Greeley, CO 80632-0758
Larimer County Public Works
200 West Oak Street, Suite 300
P.O. Box 1190
Fort Collins, CO 80522-1190
14. The existing crossing is at grade. Grade separation is not practicable at this location because of the
proximity of existing adjacent private properties.
15. Applicant agrees to respond to all questions propounded by the Commission or its Staff concerning the
Application.
16. GWRCO prefers and the applicant agrees to have any hearing in Denver, Colorado.
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Carly Koppes, Clerk and Recorder, Weld County, CO
III k�IltOIFININIFI Wili4 I UI
WHEREFORE, Applicant requests that the Public Utilities Commission of the State of Colorado enter an
Order and in accordance with the provisions of Section 40-4-106, C.R.S.
ATTEST:
saffsv tido:6k
Applicant:
Weld County Clerk to the Board � Board of County Commissioners
Weld County, Colorado
BY:
eputy Cler,o t e Boar
APPROVED' AS TOSUBSTANC
Frank Haug
Assistant County Clerk Attorney
1150 "O" Street, P.O. Box 758
Greeley, Colorado 80632
970-356-4000
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Carly Koppel , Clerk and Reco corder,
W l
1111 Pal1� 1 7 Cel County, CO
ilii,VP MI%
14 /III I
ike Freeman, Chair
OCT 192016
0219 30,2
VERIFICATION BY WELD COUNTY
The undersigned, being of age and sworn upon oath, states that she has read the above Application and has
personal knowledge that the facts stated therein are true.
Signed and sworn to before me this
Witness my hand and seal.
Traffic nine r
et Lundquist, g e
dayof 2016 ;�11'RAkV:dL
October, by
r-WhIIIMISIIIISSIO
-
STEPPE FREDERICK
NOTARY PUBLIC - STATE OF COLORADO
My Identification # 20154037785
Expires September 23, 2019
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Carly Koppes, Clerk and Recorder, Weld County, CO
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Carly Koppes, Clerk and Recorder, Weld County, CO
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erk and Recorder, Weld County, CO
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4292997 Pages: 31 of 67
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Exhibit "H"
Weld County Road 13/ Great Western Railway Grade Crossing
DOT# 849369H
Advanced Preemption Time Calculation
Queue Cutter Signal
Based on discussions with CPUC, the Advanced Preemption Time should be equal to the amount of time it
takes for the traffic signal to transition from green to yellow to red; with no minimum green time, this will be
the standard yellow time required based on the speed of the roadway:
Yellow Time Formula and Summary Table for Traffic Signals:
TABLE 10-10. Yellow Change Interval for Different
Approach Speeds (O% grade)
Y= t + 1.47 V (11.S. tours) Y= r+ ().28 V (Mari( units) (2)
2a764.4g 2a+ 9.6g
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Y r2 length of the yellow change interval (sec);
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perception -reaction drne, generally assumed as
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approach grade (percent divided by 100. negative
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Source: ITE Traffic Control Devices Handbook, 2"°' Edition (2013) Source: ITE Traffic Control Devices Handbook, 2" Edition (2013)
V = 55 mph for Weld County Road 13
Per the table above, with a roadway design speed of 55 mph, the
Yellow Time = S seconds
Advanced Preemption Time = 5 seconds
RAILPRos
4292997 Pages: 33 of 67
04/11/2017 04:15 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
:11�,VIM Mill
6/13/16
Exhibit "I"
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
GREAT WESTERN RAILROAD
FOR THE
WELD COUNTY
DESCRIPTION OF WORK: This project work is associated with engineering review and
inspection, and flagging for railroad crossing work at CR 13 DOT 849369H MP 24.01.
Work is associated with approved CPUC applications on both crossings. As per attached
exhibits.
County: Weld Railroad: Great Western STATE: CO DATE: 9/14/2016
DESCRIPTION
Engineering Review
Inspection Services 20 days
Railroad Flagging 30 days
CR 13 Widening Easement Costs
Railroad Signaling (Conductors, RR
Signal House, Lights, Gates, and
Cantilever)
RR Interconnection with traffic signal
Signing and Striping Including RxR
Pavement Markings
Concrete RR Crossing Panels
TOTAL PROJECT
LABOR
$ 2,500
$10,000
$15,000
$ 5,000
MATERIAL COUNTY TOTAL
$
$55,000 $
MIND
$2,500
$10,000
$15,000
$5,000
$250,000
$10,000
$5,000
$105,000
$402,500
EXISTING REUSABLE MATERIAL - NONE
SALVAGE NONUSABLE MATERIAL - NONE
TOTAL ESTIMATED COST OF PROJECT LESS CREDITS $402,500
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION.
IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OF AMOUNT OF
MATERIAL OR LABOR REQUIRED, THE COUNTY WILL BE BILLED FOR ACTUAL
CONSTRUCTION COST AT THE CURRENT RATES EFFECTIVE THEREOF.
a �s ; 34 of 67 0
4292997 Pages:
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4292997 Pages: 35 of 67
04/11/2017 04:15 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
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EXHIBIT "C"
Contractor Right of Entry Agreement
4292997 Pages: 36 of 67
04/11/2017 043aMd Recorder, $0 Weld County, CO
Carly Koppes, Clerk aluNIAWANCIPti
rim ,liii
EXHIBIT "C"
Form of
Contractor's Right of Entry Agreement
This Agreement ("Agreement") is entered into this day of 2017 by and
between ("Contractor") and GREAT
WESTERN RAILWAY OF COLORADO, LLC ("Railroad").
RECITALS
Contractor has been hired by Martin Marietta Materials, Inc. ("MM") to perform
work relating to crossing improvements at the at -grade railroad crossing of County Road
13 and the Railroad's tracks of County Road 13 (the "Work"), with all or a
portion of the Work to be performed on property of Railroad on Railroad's Greeley
Subdivision, at Milepost 24.30, DOT # 849370C as shown on Exhibit A attached hereto,
and as detailed on the 100% Design -Build Plans and Specifications (the "Plans") marked
Exhibit B, which are part of the Grade Crossing Construction and Maintenance
Agreement ("Crossing Agreement") dated between Railroad, the County of
Weld ("County"), and MM. All capitalized terms used but not defined herein shall have
the same meaning as set forth in the Crossing Agreement.
Railroad is willing to permit Contractor to perform the Work at the location
described above subject to the terms and conditions contained in this Agreement.
AGREEMENT
Now, therefore, in consideration of the mutual covenants set forth in this
Agreement and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, it is mutually agreed by and between Railroad and
Contractor, as follows:
Section 1. General Conditions
A. For purposes of this Agreement, all references to Contractor shall include
Contractor's contractors, subcontractors, officer, agents and employees, and others
acting under its or their authority.
B. Railroad hereby grants to Contractor the right, during the term hereinafter stated
and upon and subject to each and all of the terms, provisions and conditions herein
contained, to enter upon and have ingress to and egress from the property described in
the Recitals for the purpose of performing the Work. The right herein granted to
Contractor is limited to those portions of Railroad's property specifically described in
Exhibit A, and/or as designated by the Railroad Representative named in Section 2. The
foregoing grant of right is subject and subordinate to the prior and continuing right and
obligation of Railroad to use and maintain its entire property including the right and power
of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate
4292997 Pages: 37 of 67
04/11/2017 04:15 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
iii )PJP II III
railroad tracks, roadways, signal, communication, fiber optics, or other wielines, pipelines
and other facilities upon, along or across any or all pads of its property, all of any of which
may be freely done at any time or times by Railroad without liability to Contractor or to
any other party for compensation or damages. Contractor shall inspect the work site in
detail for any conflicts in utilities. Notification with pertinent details shall be made by
Contractor to Railroad within fifteen (15) days of inspection. In good faith, Railroad will
notify utility owners in the Work area to schedule relocation. Railroad is not responsible
for any related cost or schedule delays.
C. Contractor shall bear any and all costs and expenses associated with any Work
performed by Contractor, or any costs or expenses incurred by Railroad relating to this
Agreement. All existing signal equipment which is removed by Contractor shall be
salvaged and neatly stockpiled by Contractor at a location which is designated by the
Railroad. Contractor shall take reasonable care not to damage salvaged equipment when
it is being removed or transported. If salvaged equipment is damaged by Contractor,
Contractor shall be responsible to Railroad for any loss, damage or destruction to such
salvaged equipment.
D. Contractor shall complete the Work in accordance with A.R.E.M.A.
recommendations, Federal Railroad Administration ("FRA") requirements, and the order
from the Colorado Public Utilities Commission ("PUC"), and in the most thorough
workmanlike and substantial manner in every respect, within the terms and time frames
specified in this Agreement, according to the Plans and to the written satisfaction and
acceptance of Railroad and the County.
E. Contractor, at its own expense, shall adequately police and supervise all Work to
be performed by Contractor and shall ensure that such Work is performed in a safe
manner as set forth in Section 7 herein. The responsibility of Contractor for safe conduct
and adequate policing and supervision of Contractor's Work shall not be lessened or
otherwise affected by Railroad's acceptance of the Plans, or by Railroad's collaboration
in performance of any Work, or by the presence at the work site of a Railroad
Representative or by compliance by Contractor with any requests or recommendations
made by Railroad Representative.
F. No changes shall be made to the Plans unless such changes have been approved
in writing by Railroad Representative.
G. In the performance of the Work, Contractor and all of its subcontractors shall
comply with all applicable federal, state and local government statutes, ordinances,
orders, and regulations, including environmental laws, regulations, and ordinances.
H. Contractor shall not treat, store, or dispose of hazardous waste nor release any
hazardous substances as the same are defined in applicable federal, state or local laws
and regulations on or adjacent to Railroad's property.
I. No penalties, cost or additional expense resulting from Contractor's failure to
comply with any of the requirements in Sections 1G and H shall be payable by Railroad.
4292997 Pages: 38 of 67
Car 04/11/2017 OCie 5 2mM RecoM R rder, Weld County, CO
Carly Koppes
InI�l�1!'iRl4:i FN:Ur4LV10r11114a1itiRiVNhIWmi 11111
17
J. Railroad and the County may make periodic inspections of the Work to verify
quality of materials, quality of workmanship, adherence to schedules, and to approve the
Work. All Work is subject to final inspection and acceptance of the authorized
representatives of the Railroad and the County.
K. In the event the Railroad Representative detects any defect(s) in the Work during
any periodic inspection or final inspection, Railroad Representative shall notify MM and
Contractor in writing with a detailed description of the defect. Contractor will be given a
maximum of thirty (30) days to correct any such defects from the time it is notified by
Railroad Representative of such defects, or if such defect cannot be corrected within such
thirty (30) day period, such additional time as may be required provided Contractor is
diligently pursuing the remedy, but in no event shall Contractor be given more than ninety
(90) days to remedy any defect. All defects will be repaired to the condition required in
the Plans, as reasonably determined by the Railroad Representative's satisfaction.
L. Contractor represents that it has, or will secure, at its sole cost and expense, all
personnel required to perform the Work under this Agreement. Such personnel shall not
be employees of Railroad or OmniTRAX, Inc. ("OmniTRAX"). Contractor, consistent with
its status as an independent contractor, further agrees that its personnel will not hold
themselves out as, nor claim to be, officers or employees of Railroad or OmniTRAX by
reason of this Agreement. Contractor agrees that it is as fully responsible to Railroad and
OmniTRAX for the acts and omissions of its employees, subcontractors, and of persons
either directly or indirectly employed by a subcontractor, as the Contractor is for the acts
and omissions of persons directly employed by the Contractor. Nothing contained in the
Agreement documents shall create any contractual relationship between any
subcontractor and Railroad or OmniTRAX.
M. Housekeeping and Site Maintenance
i. Throughout all phases of operations, including suspension of Work, and until
Railroad's final acceptance of the Work, Contractor shall keep the work site
clean and free from rubbish and debris.
ii. Upon completion of the Work and before acceptance of the Work by the
Railroad, Contractor shall at once remove all tools, equipment and materials,
and shall thoroughly clean the work site and leave it with a neat, clean
appearance to the satisfaction of Railroad.
iii. If Contractor fails to clean up the work site area upon completion of the Work,
Railroad may do so and the cost thereof shall be billed to the Contractor.
iv. All lawns, plantings, trees, shrubbery and areas adjacent to the Work site
shall be protected against Contractor traffic, machinery, spillage and
misusage, unless Contractor has an agreement with the owner of this
property. If at any time during the progress of the Work any lawns, plantings,
etc., are damaged or destroyed or any portion of the ground surfaces are
4292997 Pages: 39 of 67
04/11/2017 04:15 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
IllliPlidRiatlitil:1111:560115 VAlliira1kt+ BPhil III III
17
damaged, rutted or destroyed, it shall be the Contractor's responsibility to
replace and/or restore the damage at no additional expense to the Railroad
or the owner of the property.
v. Trailers or storage buildings shall be permitted, where space is available,
subject to the prior written approval of Railroad. Failure of Contractor to
maintain its trailers or storage buildings in good condition will be considered
sufficient reason to require their removal. A sign not smaller than 24 inches
by 24 inches shall be conspicuously placed on the trailer depicting the
company name, business phone number, and an emergency 24 -hour phone
number.
vi. Waste produced by Contractor's crews shall be disposed of in a manner that
complies with all applicable Federal, State, City, or other regulations and
laws. This includes spent motor oil, lubricants, oil filters, shipping containers,
and all other waste items.
Section 2. Railroad Representative
A. Contractor shall coordinate all Work with the following Railroad representative or
his duly authorized representative (the "Railroad Representative"):
Zachary Vallos
System Engineer
Construction Maintenance
Great Western Railway of Colorado, LLC
252 Clayton Street
Denver, CO 80206
engineering@omnitrax.com
AND
zvallos@omnitrax.com
(303) 398-0310
Section 3. Term
A. The grant of right herein made to Contractor shall commence on the date set forth
above (the "Effective Date") and shall remain in effect through and including the date that
the Railroad and County have fully and finally accepted the Work, unless sooner
terminated as herein provided, whichever is earlier. Contractor agrees to notify Railroad's
Representative in writing when it has completed its Work on Railroad's property.
Section 4. Termination
This Agreement may be terminated by either party upon giving not less than ten (10) days'
written notice to the other party and, in the case of notice issued by the Railroad,
simultaneous notice to MM and the County, in the event of a default or breach of any of
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the terms of this grant and the breaching or defaulting party's failure to cure within thirty
(30) days of receipt of written notice of same. In the event of failure to maintain the proper
insurance, Railroad has the right to suspend Contractor's Work pending Contractor's
compliance thereof.
Section 5. Rail Operations
Contractor warrants that the Work shall not interfere with nor degrade Railroad's safety
or the continuous and uninterrupted use and operation of Railroad. The safe operation
of Railroad train movements and other activities by Railroad take precedence over any
work to be performed by Contractor. Operations of Railroad and work performed by
Railroad personnel and delays in the Work to be performed by Contractor caused by such
railroad operations and Work are expected by Contractor, and Contractor agrees that
Railroad shall have no liability to Contractor, or any other person or entity for any such
delays. If the Contractor shall prosecute the Work across or adjacent to the Railroad
property contrary to this Agreement, the Plans, Exhibit E to the Crossing Agreement, or
other guidelines or standards furnished to MM prior to the execution of the Crossing
Agreement, or if the Contractor shall prosecute the Work in a manner deemed hazardous
by the Railroad to its personnel, property and facilities, or if the insurance prescribed in
Section 6 hereof shall be cancelled during progress of the Work, the Railroad shall have
the right to stop the Work across or adjacent to the Railroad property until the acts or
omissions of Contractor have been fully rectified to the satisfaction of the Railroad's
System Engineer, or until additional insurance has been delivered to and accepted by the
Railroad's Risk Management department. A work stoppage under this Section 5 shall not
give rise to or impose upon the Railroad any liability to MM, the County, or Contractor. In
the event the Railroad shall stop the Work, the Railroad shall give immediate notice
thereof, in writing, to MM and the County in accordance with Article IX, Section 8 of the
Crossing Agreement.
Section 6. Insurance
Contractor shall purchase and maintain insurance as specified below covering the Work
to be performed pursuant to this Agreement and all obligations assumed pursuant to it,
from Effective Date of this Agreement until expiration or termination with insurance
companies assigned a current Financial Strength Rating of at least A and Financial Size
Category of X or better by A. M. Best Company or an equivalent rating agency approved
by Railroad. Contractor shall require all subcontractors likewise to procure and maintain
this same insurance unless they are covered by Contractor's insurance:
A. Workers' Compensation Insurance providing Workers' compensation benefits
mandated under applicable state law and employer's liability insurance subject to
minimum limits of not less than $1,000,000 Bodily Injury by Accident, Each Accident;
$1,000,000 Bodily Injury by Disease, Policy Limit; $1,000,000 Bodily Injury by Disease,
Each Employee, and includes a waiver of subrogation in favor of Railroad and the other
indemnified parties specified in Section 6.F.
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B. Commercial General Liability Insurance subject to limit of $1,000,000 each
occurrence for bodily injury, property damage, personal injury and libel and/or slander
with an annual aggregate limit of no less than $2,000,000. Policy coverage is to be based
on usual Insurance Services Office ("ISO") policy forms, or equivalent, to include, but not
be limited to: Operations and Premises Liability, Completed Operations and Products
Liability, Personal Injury Liability and Contractual Liability insurance. Any and all General
Liability policies procured by Contractor shall be amended to delete any and all railroad
exclusions including exclusions for working on or within fifty feet (50') of any railroad
property, railroad track, railroad bridge, trestle or tunnel.
C. Business Automobile Liability Insurance subject to a minimum limit of
$1,000,000 each accident for bodily injury and property damage. Policy coverage shall
be based on usual ISO policy forms referred to as Business Automobile Policy ("BAP") to
cover motor vehicles owned, leased, rented, hired or used on behalf of Contractor.
D. Umbrella Liability Insurance subject to a limit of $4,000,000 each occurrence for
bodily injury, property damage, personal injury and libel and/or slander. Policy coverage
is to be at least as broad as primary coverages and include, but not be limited to,
Operations and Premises Liability, Completed Operations and Products Liability,
Personal Injury Liability, and Contractual Liability insurance. Completed Operations
coverage is to be maintained for a period of not less than three (3) years after the
expiration or termination of this Agreement.
E. Railroad Protective Liability Insurance. Contractor must maintain Railroad
Protective Liability ("RPL") insurance written on ISO occurrence form GC 00 35 12 04 (or
a substitute form providing equivalent coverage) on behalf of Railroad as named insured,
with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000.
The definition of "Job Location" and "Work" on the declaration page of the policy shall
refer to this Agreement and shall describe all Work or Operations performed under this
Agreement. Contractor shall provide this Agreement to Contractor's insurance agent or
broker and Contractor shall instruct such agent and/or broker to procure the insurance
coverage required by this Agreement. A binder of insurance stating the policy is in place
must be submitted to Railroad before work may commence and until the original policy is
forwarded to Railroad Representative.
The named insured shall read:
Great Western Railway of Colorado, LLC
252 Clayton Street, 4th Floor
Denver, Colorado 80206
Attn: Risk Management
F. All insurance required of Contractor with the exception of Workers' Compensation
and Employers' Liability shall include Railroad, OmniTRAX, and any subsidiary, parent or
affiliates of OmniTRAX and their owners, agents, representatives, members, managers,
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officers, directors, shareholders, and employees as additional insured and include
wording which states that the insurance shall be primary and not excess over or
contributory with any insurance carried by Railroad, OmniTRAX and its or their affiliates.
G. All insurance shall provide a minimum of thirty (30) days advance written notice of
insurer's intent to cancel or otherwise terminate policy coverage.
H. All policies shall be written on an occurrence basis. If Contractor cannot obtain an
occurrence based policy for any required coverage, policies may be written on a claims
made basis. If any policies providing the required coverage(s) are written on a claims -
made basis, the following is applicable:
1. The retroactive date shall be prior to the commencement of the Work.
2. Contractor shall maintain such policies on a continuous basis.
3. If there is a change in insurance companies or the policies are canceled or
not renewed, Contractor shall purchase an extended reporting period of not less
than three (3) years after the Agreement expiration or termination date.
I. Contractor shall file with Railroad and its affiliates on or before the Effective Date
of this Agreement a valid Certificate of Insurance for all required insurance policies. Each
certificate shall identify the Railroad, OmniTRAX, its (or their) affiliates and other required
parties as set forth above as additional insured. Each certificate shall require insurer
provide a minimum of thirty (30) days advance written notice of insurer's intent to cancel or
otherwise terminate policy coverage. If Contractor ever receives the notice of intent to
cancel or otherwise terminate, Contractors shall provide this notice to MM and Railroad.
Prior to expiration of such insurance, Contractor shall supply updated Certificates of
Insurance that clearly evidence the continuation of all coverage in the same manner, limits
of protection, and scope of coverage, as was provided by the original Certificates and as
required in this Section 6.
J. Contractor hereby waives all rights of subrogation against Railroad, OmniTRAX,
it's (or their) affiliates, and other required parties as set forth above for damages to the
extent covered by insurance. All insurance policies of Contractor shall allow that any
release from liability of or waiver of claim for recovery from any other party entered into
in writing by Contractor prior to any loss or damage shall not affect the validity of said
policy(ies) or the right of the insured or insureds to recover under them.
K. Contractor's or subcontractor's compliance with obtaining the above insurances
shall in no way limit the "Liability and Indemnity" afforded to the Indemnified Parties
specified in Section 13 below.
Section 7. Safety Program
A. Contractor shall have in place a safety and training program conforming to the
requirements of federal, state, local laws and Federal Railroad Administration ("FRA"),
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rules and regulations, including, without limitation, 49 CFR Parts 214, 232 and 243
(collectively, the "Safety Rules and Regulations") and Railroad's Roadway Worker
Protection Program. All employees of Contractor or any subcontractors utilized shall be
required to attend Railroad's Roadway Worker Safety and Safety Rules Class prior to
their performing any duties related to the Work. Railroad(s), at its or their sole option,
shall: 1) provide at train the trainer class at no additional cost to Contractor, or 2) arrange
for a safety training provider suitable to the Railroad ("Trainer") to provide the class to
Contractor and any subcontractors and Contractor shall, at its sole cost and expense, pay
directly to the Trainer a charge for each of Contractor's employees or their subcontractors'
employees attending such class. Periodic changes to the Safety Rules and Regulations
or Railroad's Roadway Worker Protection Program may require additional or repeated
training classes. The cost of Contractor's or subcontractors' personnel attending the initial
training class or any additional training classes shall be considered as incidental to the
Work and Railroad shall make no additional payments to Contractor for participation in
these classes. Contractor shall release, defend and indemnify Railroad and OmniTRAX
from and against any and all claims, liabilities, damages, losses, costs or expenses,
including, without limitation, attorneys' fees and legal costs arising or resulting from
Contractors or subcontractors failing to comply with the Safety Rules and Regulations.
B. The use of proper safety devices by all employees of Contractor and employees
of any subcontractors utilized by Contractor shall be required and Contractor shall take
reasonable actions to enforce the use of safety devices, including traffic control devices
as may be required by the federal or state agencies. All employees of Contractor and
employees of any subcontractors utilized by Contractor shall meet or exceed Railroad's
personal protection equipment ("PPE") requirements. Contractor shall enforce a zero
tolerance policy for failure of its employees and subcontractors to use required PPE.
C. Contractor shall develop and administer a drug and alcohol use and testing
program that complies with 49 CFR Part 219. Contractor shall submit a copy of its
program to Railroad and Contractor shall maintain and administer the program throughout
the term of this Agreement. Contractor shall submit the program to Railroad within 10
Days after the receipt of the Notice to Proceed. Contractor shall enforce a zero tolerance
policy for drugs and alcohol in the work place.
D. Notwithstanding anything to the contrary in this Agreement, if Contractor or
subcontractor is found to be in violation of any Safety Rules and Regulations or any safety
rule, regulation or requirement of Railroad, or causes an incident, Railroad reserves the
right to notify the Contractor to stop all Work. The Contractor must immediately cease all
Work, promptly perform a complete investigation and determine the appropriate remedial
actions. Contractor shall provide any documentation to Railroad at Railroad's request.
When Railroad, at its sole discretion, is satisfied with Contractor's investigation and
remedial actions Railroad shall notify Contractor as to what date the Contractor may
return to return to Work. Notwithstanding anything to the contrary in this Agreement,
Railroad retains the right, at its sole discretion and at any time, to remove any Contractor
or subcontractor employee from the Work and the premises of Railroad. Contractor
recognizes and agrees that Railroad shall make no additional payments to Contractor for
lost time due to Work stoppage.
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E. Contractor and its subcontractors shall utilize the correct equipment for the task as
it was designed. All equipment must be fully functional, inspected, and maintained by
Contractor to a state that allows Contractor to perform the Work safely and in compliance
with all federal, state and local laws, rules, regulations, and industry practices, including
Railroad's policies. Railroad may request inspection of Contractor's records and perform
equipment audits at any time. Railroad, in its sole judgment, may require that Contractor
perform inspections, repairs or changes to the equipment to enable Contractor to safely
perform the Work. Contractor agrees to immediately correct the issues as requested by
Railroad.
Section 8. Policies & Laws Prohibit All Forms of Harassment
A. Railroad is committed to providing a work environment that is free from all forms
of discrimination and conduct that may be considered harassing, coercive, or disruptive,
including sexual harassment. Actions, words, jokes, or comments based on an
individual's sex, race, color, national origin, age, religion, sexual orientation, gender
identity, or any other legally protected characteristic shall not be tolerated. Railroad
strongly opposes sexual or other harassment in any form against any employee, vendor,
contractor or customer.
B. Contractor must have in place policies and procedures regarding all prohibited
forms of harassment. If Railroad determines that the Contractor, subcontractor, or
employees of either are in violation of Railroad's policy, Railroad reserves the right to notify
the Contractor to stop all Work. The Contractor must immediately cease all Work, promptly
perform a complete investigation and determine the appropriate remedial actions.
Contractor shall provide any documentation to Railroad at Railroad's request. When
Railroad, at its sole discretion, is satisfied with Contractor's investigation and remedial
actions Railroad shall notify Contractor as to what date the Contractor may return to return
to Work. Notwithstanding anything to the contrary in this Agreement, Railroad retains the
right, at its sole discretion and at any time, to remove any Contractor or subcontractor
employee from the Work and the premises of Railroad. Railroad shall make no additional
payments to Contractor for lost time due to Work stoppage.
Section 9. Subsurface Installations
Notwithstanding anything to the contrary in this Agreement, Railroad may have previously
granted permits to others for certain uses of its property and Contractor hereby
acknowledges that absence of markers on Railroad property does not constitute a
warranty by Railroad of no subsurface installations. Contractor accepts full responsibility
for any and all damages, loss, claims, judgments and recoveries due to Contractor's
operations on Railroad property involving subsurface installation.
Section 10. Recordkeeping
Contractor and each subcontractor shall maintain, for a period not less than five (5) years
following the Work completion date, adequate books, records, and supporting documents
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to verify the amounts, recipients, and uses of all funds received from Railroad, MM, or the
County for the Work.
Section 11. Warranty
Contractor warrants all material used and services performed for a period of three (3)
year from acceptance. If, during the three (3) year warranty period, it is determined by
Railroad Representative, in his sole judgment, that Contractor's Work was deficient or
material used is deficient and needs to be replaced, then Contractor will correct the
deficiencies and replace the material without charge to Railroad. Contractor shall warrant
any replaced material for a period of one (1) year from the date of replacement.
Section 12. Flagging
A. Contractor agrees to notify Railroad Representative at least fourteen (14) days in
advance of Contractor commencing its Work and at least thirty (30) days in advance of
proposed performance of any Work by Contractor in which any person or equipment will
be within twenty-five (25) feet of any track, or will be near enough to any track that any
equipment extension (such as but not limited to a crane boom) will reach to within twenty-
five (25) feet of any track. Contractor shall provide a detailed schedule of Work to
Railroad upon award and must maintain this schedule for the project duration. If the
schedule of Work activities changes, the Contractor shall provide an updated schedule in
advance of any change. No Work of any kind shall be performed, and no person,
equipment, machinery, tool(s), materials(s), vehicles(s), or things(s) shall be located,
operated, placed, or stored within twenty-five (25) feet of any Railroad's track(s) at any
time, for any reason, unless and until a Railroad flagman is provided to watch for trains.
Upon receipt of such thirty (30) days' notice, the Railroad Representative will determine
and inform Contractor whether a flagman need be present and whether Contractor needs
to implement any special protective or safety measures. If flagging or other special
protective or safety measures are performed by Railroad, Railroad will bill Contractor for
such expenses incurred by Railroad, unless Railroad and MM have agreed that Railroad
is to bill such expenses to MM. If Railroad will be sending the bills to Contractor,
Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If
Railroad performs any flagging or other special protective or safety measures, Contractor
agrees that Contractor is not relieved of any of its responsibilities of liabilities set forth in
this Agreement.
B. The rate of pay per hour of each flagman will be the prevailing hourly rate in effect
for an eight -hour day for the class of flagmen used during regularly assigned hours and
overtime in accordance with Labor Agreements and Schedules in effect at the time the
work is performed. In addition to the cost of such labor, a composite charge for vacation,
holiday, health and welfare, supplemental sickness, Railroad Retirement, and
unemployment compensation, supplemental pension, Employee's Liability and Property
Damage and Administration will be included, computed on actual payroll. One and one-
half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two
and one-half times current hourly rate for holidays. Wage rates are subject to change, at
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any time, by law or by agreement between Railroad and its employees, and may be
retroactive as a result of negotiations or a ruling of an authorized government agency.
C. Reimbursement to Railroad will be required covering the full eight hour day during
which any flagman is furnished unless the flagman can be assigned to other Railroad
work during a portion of such day, in which event reimbursement will not be required for
the portion of the day during which the flagman is engaged in other Railroad work.
Reimbursement will also be required for any day not actually worked by the flagman
following the flagman's assignment to work on the project for which Railroad is required
to pay the flagman and which could not reasonably be avoided by Railroad by assignment
of such flagman to other work, even though Contractor may not be working during such
time. When it becomes necessary for Railroad to bulletin and assign an employee to a
flagging position in compliance with collective bargaining agreements, Contractor must
provide Railroad a minimum of five (5) days' written notice prior to the cessation of the
need for a flagman. If five days' written notice of cessation is not given, Contractor will
still be required to pay flagging charges for the five (5) day period required by union
agreement to be given to the employee, even though flagging is not required for that
period. An additional thirty (30) days' written notice must then be given to Railroad if
flagging services are needed again after such five day cessation notice has been given
to Railroad.
Section 13. Liability and Indemnity
A. CONTRACTOR ASSUMES ALL RISK OF LOSS AND SHALL DEFEND,
INDEMNIFY, AND HOLD RAILROAD, OMNITRAX, THEIR OWNERS, PARENT,
MANAGEMENT AND AFFILIATES AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS,
S HAREHOLDERS AND ASSIGNS ("INDEMNIFIED PARTIES") HARMLESS FROM
AND AGAINST ANY AND ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS
ARISING UNDER THE FEDERAL EMPLOYER'S LIABILITY ACT, LIABILITIES,
DAMAGES, LOSSES, COSTS OR EXPENSES (TOGETHER WITH ALL LIABILITY FOR
ANY EXPENSES, REASONABLE ATTORNEYS' FEES AND COSTS INCURRED OR
S USTAINED BY THE INDEMNIFIED PARTIES, WHETHER IN DEFENSE OF ANY
S UCH CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OR IN THE
ENFORCEMENT OF THE INDEMNIFICATION RIGHTS HEREBY CONFERRED) FOR
ALL INJURIES OR DEATH OR DAMAGE TO THIRD PARTIES OR EMPLOYEES OF
EITHER PARTY AND DAMAGE TO THE PROPERTY OF ANY PARTY, TO THE
EXTENT OCCASIONED BY ANY ACT OR OMISSION OF CONTRACTOR OR OF
ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY CONTRACTOR OR ANY
S UBCONTRACTOR AND RESULTING FROM OR ARISING OUT OF THE WORK
PERFORMED OR TO BE PERFORMED PURSUANT TO THIS AGREEMENT, EXCEPT
TO THE EXTENT CAUSED BY THE INTENTIONAL MISCONDUCT OR THE GROSS
S EGLIGENCE OF THE PARTY SEEKING INDEMNIFICATION.
B. CONTRACTOR FURTHER AGREES TO ASSUME ALL RISK OF LOSS AND TO
DEFEND, INDEMNIFY, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM
AND AGAINST ANY AND ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS
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ARISING UNDER THE FEDERAL EMPLOYER'S LIABILITY ACT, LIABILITIES,
DAMAGES, LOSSES, COSTS OR EXPENSES (TOGETHER WITH ALL LIABILITY FOR
ANY EXPENSES, REASONABLE ATTORNEYS' FEES AND COSTS INCURRED OR
S USTAINED BY THE INDEMNIFIED PARTIES, WHETHER IN DEFENSE OF ANY
S UCH CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OR IN THE
ENFORCEMENT OF THE INDEMNIFICATION RIGHTS HEREBY CONFERRED) FOR
ALL INJURIES OR DEATH OR DAMAGE TO THIRD PARTIES OR EMPLOYEES OF
EITHER PARTY AND DAMAGE TO THE PROPERTY OF ANY PARTY, TO THE
EXTENT OCCASIONED BY SEEPAGE CAUSED BY CONTRACTOR, OR ANYONE
DIRECTLY OR INDIRECTLY EMPLOYED BY OR FOR CONTRACTOR OR ANY
S UBCONTRACTOR WHICH CAUSE OR CREATE POLLUTION, CONTAMINATION
OR ADVERSE EFFECTS ON THE ENVIRONMENT, DUE TO, BUT NOT LIMITED TO,
THE DISPOSAL OF ANY MATERIAL OR SUBSTANCE, INCLUDING, BUT NOT
LIMITED TO, BATTERIES, DISCHARGE, ESCAPE DISPERSAL, RELEASE OR
SATURATION OR SMOKE, VAPORS, SOOT, FUMES, ACIDS, ALKALIS, TOXIC
CHEMICALS, LIQUIDS, GASES, OR HAZARDOUS SUBSTANCES INTO THE
ATMOSPHERE OR ON, ONTO OR INTO THE SURFACE OR SUBSURFACE SOIL.
CONTRACTOR SHALL NOT BE LIABLE TO THE EXTENT THAT ANY SUCH
LIABILITY, LOSS, DAMAGE, COST, OR EXPENSE IS CAUSED BY THE
INTENTIONAL MISCONDUCT OR THE GROSS NEGLIGENCE OF THE PARTY
S EEKING INDEMNIFICATION.
C. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, AND ASSUME THE
COST OF DEFENSE OF THE INDEMNIFIED PARTIES FROM AND AGAINST ALL
CLAIMS, ACTIONS OR LEGAL PROCEEDINGS ARISING FROM THE VIOLATION OR
ALLEGED VIOLATION OF ANY LAWS, ORDINANCES, ORDERS OR REGULATIONS
BY CONTRACTOR OR ANY OF ITS SUBCONTRACTORS.
S ection 14. Contracts and Subcontracts
Contractor shall not be permitted to sublet, assign, sell, transfer or otherwise dispose of
this Agreement or any part of it or its right, title or interest in it to any individual, firm or
corporation without the prior written consent of Railroad. In the event that Railroad shall
grant its written consent to such subletting, assignment, sale or transfer, then the
subcontractor, assignee or purchaser shall be bound by, and shall be deemed to have
assumed performance of this Agreement and Contractor shall not be released from its
obligations.
S ection 15. Confidentiality
Except to the extent necessary to facilitate construction of the Crossing Improvements,
neither party shall, during the term of this Agreement, disclose any confidential
information, the disclosure of which would be detrimental to the other party. Contractor
may not, without written consent of Railroad, advertise in any manner the fact that
Contractor is furnishing to Railroad the services conveyed by this Agreement.
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For purposes of the parties' respective confidentiality obligations under this Section,
confidential information does not include information that (i) has become generally
available to the public other than as a result of a disclosure by either party in breach of
this Agreement, (ii) was available to either party on a non -confidential basis prior to its
disclosure, (iii) was independently developed by either party without using confidential
Information and without otherwise violating its obligations hereunder, or (iv) has become
available to a party on a non -confidential basis.
Notwithstanding anything in this Agreement to the contrary, either party may disclose
certain confidential information if in the advice of counsel such disclosure is necessary to
avoid a violation of law, regulation or professional standard or comply with a subpoena,
court order, or similar judicial process or other oral or written request issued by a court of
competent jurisdiction or by a federal, state or local governmental or regulatory body;
provided that, in the event that either party is requested or required to disclose any such
confidential information, the disclosing party will provide the other party with notice of
such request (except as may be prohibited by law, regulation or professional standard)
as promptly as practicable.
Section 16. Liens
A. Contractor agrees that at no time shall it file or permit the filing of a lien or liens
upon the Work, equipment or materials provided by Railroad or the property of Railroad.
If, at any time, at the time of acceptance of this Agreement, during the progress of the
Work, or thereafter, any indebtedness due a subcontractor of Contractor has become or
may become a lien or liens upon said Work, equipment or materials or property of
Railroad, Contractor shall immediately pay such claim or indebtedness or otherwise
cause such lien to be dissolved and discharged by giving a bond or otherwise. In the case
of its failure to do so, Railroad may assert and enforce a claim against Contractor for such
claim or indebtedness or declare this Agreement to be cancelled.
B. From time to time during the performance of this Agreement, Contractor may be
paying subcontractors furnishing labor, equipment, and materials in full. Concurrent with
such payments, Contractor will obtain a general release of all claims against Railroad
from each subcontractor and furnish such releases to Railroad. Concurrent with such
payments, Contractor shall also give Railroad a general waiver of liens for any claims
against Railroad relating to any equipment and materials supplied by a subcontractor.
C. After Railroad gives its final acceptance of all Work as provided in Sections 1J
above Contractor shall execute and furnish to Railroad a Full Release and Final Waiver
of Lien.
Section 17. Force Majeure
At Railroad's reasonable discretion, the time allowed for performance of the Work may be
extended for delays caused by acts of God, acts of the public enemy, fires, floods,
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earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, unusually
severe weather or other delays not caused by Contractor's fault or negligence.
Section 18. Right of Inspection
Railroad shall have the unlimited right to make any and all inspections and tests that
Railroad, in its sole discretion, deems necessary to ascertain whether Contractor has fully
and faithfully performed in accordance with this Agreement. Contractor will provide all
support requested by Railroad to perform these inspections and tests.
Section 19. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State
of Colorado, without regard to any conflicts of law provisions of any jurisdiction.
Section 20. Use of Documents
All documents generated by Contractor pursuant to this Agreement are not intended or
represented to be suitable for reuse by Railroad or others for any other project or
purposes than that for which the same were created.
Section 21. Miscellaneous
A. This Agreement constitutes the entire agreement between the parties respecting
the subject matter of it and merges and replaces all prior negotiations, discussions,
representations, warranties, offers, promises, and agreements respecting such subject
matter.
B. This Agreement may be amended only by a written instrument signed by both
parties.
C. No waiver by either party or failure of either party to insist upon full and complete
performance by the other party of any of its obligations under this Agreement shall
constitute or effect a waiver or release of such party's right to insist on full and complete
performance of such obligation in the future.
D. Any legal action against Railroad must begin within thirty (30) days after the cause
of action arises.
E. If any party to this Agreement shall institute a legal action or proceeding to interpret
or enforce this Agreement, or to obtain damages for breach of this Agreement, the
prevailing party shall be entitled to recover its costs and reasonable attorneys' fees,
including such fees and costs for enforcement of any judgment.
Section 22. Notices
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By:
Name:
Title:
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016276\0027\14722703 6
Any notice or other communication required or permitted by this Agreement shall be in
writing and shall be deemed to have been duly given as of the: (i) date personally
delivered, (ii) within three (3) days after depositing with the United States Postal Service,
postage prepaid by registered or certified mail, return receipt requested, or (iii) the date
deposited with Federal Express or other overnight delivery service from which a receipt
may be obtained, and addressed as follows:
If to Contractor:
Attn:
Phone:
Fax:
If to Railroad:
Attn: General Counsel
Great Western Railway of Colorado, LLC
252 Clayton Street, 4th Floor
Denver, Colorado 80206
Phone: (303) 398-4500
Fax: (303) 398-4540
IN WITNESS WHEREOF, the parties, intending to be legally bound, have executed this
Agreement as of the date shown above.
]NAME OF CONTRACTOR] GREAT WESTERN RAILWAY OF
COLORADO, LLC
By:
Name:
Title:
Page 15of17
EXHIBIT "D"
Railroad's Estimate for Plan Review, Inspection,
Testing/Commissioning and Flagging
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Carly Koppes, Clerk and Recorder, Weld County, CO
viii INFRIVAIIIIIIIIiIIIN �rriP'Nivi , Iliii
Exhibit D - Railroad's Estimate for Plan Review, Inspection, Testing/Commissioning and Flagging
Great Western Railway of Colorado
Weld County Road 13
3/13/17
Fx Rate 1.000
Taxes 1.070
Total
Q2
Q3
May
USD
Total Project Capital
Total Funding 11,000
Net Unlevera9ed Cash
33%
Position
Qt
Rate
payroll burden
ST Hours
OT Hours Total Cost
May
Jun
3,000
Jul
8,000
3,000 8,000
Jun
Jul
Protect
EIC
and
Flagging
1.00
$ 1,000.00
6
-
6,000
-
3,000
3,000
Signal
Testing/Commissioning
1.00
$ 10,000.00
_ 0.5
-
5,000
-
-
5,000
Total
Internal Labor
2
7
-
11,000
-
3,000
8,000
Material
Unit
Curr
Rate
Qty
Total Cost
May
Jun
Jul
136# Rail, New
linear feet
USD
23.00
-
-
-
-
-
115# Rail, #1 Relay
linear feet
USD
22.00
-
-
-
-
-
136# Tie Plates DS
each
USD
12.00
-
-
-
-
-
115# Tie plates
each
USD
12.00
-
-
-
-
-
Ties, 7" x 9" x 10'
each
USD
95.00
-
-
-
-
-
Ties, 7" x 9" x 8'6"
each
USD
67.00
-
-
-
-
-
Concrete Panels
track foot
USD
225.00
-
-
-
-
-
Spikes, 5/8" x 6"
each
USD
70.00
-
-
-
-
-
Comp Bars, 136/115
pair
USD
550.00
-
-
-
-
-
Comp Bars, 115/85
pair
USD
500.00
-
-
-
-
-
Bolts, nuts & washers
each
USD
3.75
-
-
-
-
-
PVC Pipe, 6" heavy wall
feet
USD
8.50
-
-
-
-
-
Track Ballast
ton
USD
22.00
-
-
-
-
-
Sub -Ballast
ton
USD
18.00
-
-
-
-
-
Drainage Pipe,
feet
USD
23.00
-
-
-
-
-
Asphalt
ton
USD
85.00
-
-
-
-
-
Total
Material
-
-
-
-
Contract Services
Vendor
Curr
Rate
Qty
Total Cost
May
Jun
Jul
Signal Design & Construction
-
-
-
-
-
Contract labor
USD
-
-
-
-
-
Surface, Line & Dress
USD
-
-
-
-
-
Total
Contract
Services
-
- I
-
-
Other Capital
Vendor
Curr
Rate
Qty
Total Cost
May
Jun
Jul
Project Manager Vehicle
USD
25.00
-
-
-
-
Total Other Capital
-
Taxes
Curr
Rate
Total Cost
May
Jun
Jul
Sales
Tax
USD
1.070
- 1
-
-
-
Total
Taxes
-
-
-
-
Total Weld County Road 13 Cost
11,000
3,000
8,000
Payment
Total
Funding Amount Terms
Funding
May
Jun
Jul
Martin
Marietta
11,000.00
-
-
-
11,000
3,000
8,000
Total Funding
11,000
11,000
3,000 8,000
Additional Flagging Services will be billed on a per day basis, as necessary
4292997
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04 / Weld County
Carly KoPPeS� Clerk and Recorder, AMtvi1/2414111011,107,
II III
Rutl�
F
EXHIBIT "E"
Railroad's Standard Signal Specifications
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Carly KoppeS, Clerk and Recorder, Weld
VIII PM7,1710M County, co
W7I#lij DM ilk 111111
HIGHWAY - RAIL GRADE CROSSING
WARNING SYSTEM DESIGN &
CONSTRUCTION SPECIFICATIONS
October 12, 2015
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII killiftlitlitili:PN 111101Viiilli
A. GENERAL
These specifications are intended to be the primary guide for the installation
of materials and equipment for highway -rail grade crossing warning systems
installed on OmniTRAX managed properties within the United States.
References are made herein to the following specifications and drawings:
• Signal Manual, AREMA- "Signal Manual"
• Manual on Uniform Traffic Control Devices, US DOT, Federal Highway
Administration- "MUTCD"
• National Electric Code, National Fire Protection Association- "NEC"
• 49CFR Part 212 & 234 Grade Crossing Signal Safety- "Part Number and
Rule Number"
In case of discrepancies between these specifications and any attached
revisions and/or addenda and the above referenced specifications, these
specifications shall govern.
1. It shall be the contractor's responsibility to provide a complete operating
system in accordance with the plans and specifications.
2. All materials shall be new. Remanufactured materials shall not be
permitted unless approved by the railroad. All materials shall be
guaranteed against defects in materials and workmanship for a period
of at least one year from date of acceptance.
3. The contractor shall be responsible for any defects in workmanship and
installations period for a period of ninety days from the date of
acceptance.
4. At the time the warning system is placed in-service, the contractor shall
provide the following records of test:
• 49CFR234.221 Lamp Voltage taken at lamp base
• 49CFR234.223 Gate Arm
• 49CFR234.225 Activations of Warning System
• 49CFR234.229 Shunting Sensitivity
• 49CFR234.249 Grounds
• 49CFR234.251 Standby Power System
2
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII EPIIIIIIIMEIM
viiirmilive\ii Niklidl
kit 14 1111
• 49CFR234.253 Flashing Light Units
• 49CFR234.255 Gate Arm Lights and Light Cable
• 49CFR234.257 Warning System Operation
• 49CFR234.259 Warning Time
• 49CFR234.261 Highway Traffic Signal Preemption (If so equipped)
• 49CFR234.263 Appropriate relay test for each relay installed in the
warning system
• 49CFR234.267 Insulation Resistance for all required wires and
cables
• 49CFR234.269 Cut -Out Circuit (if so equipped)
• 49CFR234.271 Insulated Rail Joints, Bond Wires and Track
Connections
5. The contractor shall provide for electrical service connected to the
house with meter base, two pole Square D type QO disconnect and
associated conduit risers, entrance heads and grounding in
accordance with the NEC and any applicable state and local
requirements, when requested by the railroad contractor will furnish a
new pole. The contractor shall contact the power company and
arrange for service at the site. The main circuit breaker shall be
capable of designed loads. The Railroad may elect to have the power
service installed at their expense prior to construction.
6. All rail joints shall be double bonded with ERICO P/N SB20136 3/16" X
7.5" exothermically welded signal bonds to the head of the rail and
ERICO P/N SBSXJ33"XX" to the web of the rail, length of the web
bond shall be determined by joint bar size.
7. All track wire connections shall be made to the web of the rail by
exothermic welding of 3/16" signal bondstrand. The bondstrand shall be
clamped to the base of the rail with an ERICO steel rail clamp.
8. All switch bonding shall be double bonded with 3/16" bondstrand or
3/16" bare copper wire exothermically welded to the web of the rail.
9. All track insulation at the approaches and within the limits of the
circuits shall be installed as new. Existing insulation shall be replaced,
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Carly Koppes, Clerk and Recorder, Weld County, CO
3
III railwV, PIM 111111
unless directed otherwise by the railroad. This includes the following
items:
• Rail Joints
• Switch Rods
• Switch gauge plates
• Gauge rods
10. Bolted rail joints shall be installed in jointed track. Four or six bolt joints
shall be used to match existing non -insulated joints. I -Bond type
welded joints shall be utilized where welded rail is in place. Track
insulation will be furnished and installed by the signal contractor
unless prior arrangements are made for the railroad to furnish and
install the insulation.
11.All underground wiring is to be placed in 4" schedule 80 PVC conduit
when passing under roadways or tracks.
12.All grounding is to utilize ERICO "One Shot" exothermic welds applied
to 5/8" diameter eight foot minimum length copper -clad steel
ground rods and #6 AWG solid copper wire. Four ground rods shall
be installed, one at each corner of each instrument house or case.
Each rod shall be connected to the corner of the house or case. The
loop shall be routed into and bolted directly to the ground buss in the
house or case. A ground rod shall be installed for each signal
installed and connected to the signal mast.
13.The contractor is responsible for any loss or damage to materials prior
to the date of acceptance.
14.The date of acceptance will be the date of cut -over. The railroad
shall have the opportunity for an official to be in attendance at the
time of cut -over.
15.The contractor is responsible for coordination with the public agency.
This includes any notice required to be given, request or work or work
orders and liaison with appropriate inspectors prior to and during the
work.
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Carly Koppes, Clerk and Recorder, Weld County, CO
III kilfdltrfulli,:iliiLlifl 111/46%MiL'it Viliffl LI! ilillill 11111
16.The contract shall not be considered complete until the installation
has been approved and accepted by an authorized representative
of the railroad.
B. CONTROL EQUIPMENT
1. Train Detection
Train detection shall be provided by one of the following three
methods as required by the project:
1) Style C Circuit
2) Motion Detector (MS)
3) Constant Warning Time (CWT)
In the case of multiple tracks at a crossing, detection method shall be
specified for each track. Unless specifically approved by signal
engineering, CWT control shall be provided. If shunting sensitivity is
questionable, a suitable "wetting" voltage shall be applied to the track to
overcome effects of rust on the rail. In all cases where multiple tracks are
involved for train meets, CWT shall be provided. MS circuits shall be utilized
only where there are no switching operations within one mile of either
approach and train speed is relatively constant for all train moves.
In order to provide uniformity and reduce the number of spare parts
required by the railroad, the following manufacturer of equipment shall be
utilized:
Style
C Track
Circuit
Track
Driver
EPC
Model
TD
EPC
Model
TD
-4
-4
Track
Relay
Alstom
A62-261
Invensys
or
or
approved
equal
Motion
Sensor
GE
PMD-3R
with
RSI
and
RMM
or
approved
equivalent*
Constant
Warning
Time
HXP-3R
until
available
GE
XP4
or
GCP
4000*
4 Quadrant
Gate
System
Exit
Gate
Management
Siemens
EGMS
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Recoeder$,0 Weld County, CO
Carly Koppes, Clerk in
■III !� ��1��!
2. Monitoring
Monitoring of crossing provided through the Siemens GCP 4000 SEAR II
Internal Event Recorder.
*Optional equivalent monitoring equipment if GCP 4000 is not used.
3. Signal Control
The GCP 4000 internal Solid State Crossing Controller shall be used for
crossing lamp, gate and bell control.*
*Siemens or GE equivalent if required for optional equipment.
Signal power shall be provided by one or more sets of batteries. All
lighting shall be DC.
Traffic signal preemption, where required, shall be provided through a
relay interface provided by a 500 ohm Heavy Duty relay Alstom P/N A62-
310 or approved equal. All traffic signal preemption circuits and design
will be in accordance with State Department of Transportation
standards. A traffic signal interface termination box of sufficient size to
handle 4 rows of 12 AAR terminals positioned to give proper termination
of 24 conductors and test links. The box is to be mounted on the outside
of the warning device instrument case and supplied with 1-1/4"
minimum EMT conduit of sufficient length to extend 24" below grade.
The box shall have a locking hasp and device allowing two locks, each
lock opening the box.
4. Batteries
A minimum of two sets of batteries shall be supplied, one for equipment
and one for signal operation. Each cell shall be maintenance free Lead
Acid and capacity and size shall be determined by engineering study to
provide a minimum of 72 hours back up power. Lead Acid battery banks
shall consist of 7 cells for signal operation and 6 cells for equipment. All
battery connections shall be made by minimum size 6 AWG wire with
Hypalon insulation. Temperature probes shall be attached to the battery
and connected directly to the charger with cable provided by the
manufacturer.
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Recoeder$,0 Weld County, CO
Carly Koppes, Clerk
IIIPAM
1400%liii
5. Battery Charger/Rectifier
A minimum of two battery charger/rectifier units shall be provided for
equipment and signal power. The equipment power shall be provided
by a Cragg 40ETC 12V Charger. The signal power shall be provided by
one or more Cragg 40ETC 12V Chargers based on the load required. No
charger shall be required to provide more than 75% of its rated current
with signals operating (excluding gate power up and power down).
6. Control Equipment Housing
Control equipment shall be housed in a PTMW 6' X 6' (minimum size)
aluminum instrument house or approved equal. A power off indicator
shall be installed on the bungalow situated in a way to be visible by train
crews traveling in either direction. The heater in the 6' X 6' bungalow
shall be a minimum 2500 Watt. If the bungalow is larger the heater shall
be increased accordingly and approved by the railroad.
C. SIGNAL EQUIPMENT
1. Gate/Flashing Light
Each gate or flashing light signal assembly shall be provided as a
complete unit consisting of the following items as necessary:
• 5" split base complete with two 6 point terminal blocks and test
nuts for all circuits.
• 18' aluminum mast with welded ground wire pigtail
• Western Cullen Hayes 3597-E Entrance and/or Exit Gate
Mechanism:
• Maintainer Test Pushbutton
• Cast aluminum gate mounting arms
• Fully adjustable weights
• Feature to hold drive and hold the gate mechanism in the down
position while a gate arm is installed
• WCH Gate Guard
• E -Z Gate, gates with vertical stripping to be provided, Aluminum
base
• fiberglass tip gate arm, length as necessary for application
• 3M Diamond Grade sheeting on front and back of gate arm
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Carly Koppes, Clerk and Recorder, Weld County, CO
DI Nr.tEr17,1111411glikiih?litithillialliVile ilk 11111
7
• Three E -Z Gate, LED gate lamps. Gate lamps to be properly
secured to gate arm.
• 12" LEO TEK or equivalent LED lights are to be used for all main
flasher lights
• Side lights mounted for indication to the right of center shall be
mounted directly to the signal mast by field personnel.
• Side lights mounted for indication to the left of center shall be on
an extension arm bolted to the main mast by field personnel.
• Front and Rear facing RAILROAD CROSSING sign with 3M Diamond
Grade sheeting and bolt on mounting bracket. Band on sign
brackets are not acceptable. General Signals electronic bell or
equivalent
• Rail Development Group "Elephant Tusk" high wind bracket or
equivalent
• All signal hardware to be stainless steel, brass or aluminum.
• All threaded fasteners exposed to the elements shall have the
threads coated with NO OX grease prior to assembly to allow
easier removal at a later time.
2. Cantilever
Cantilever signal assemblies shall include the above referenced
applicable items. In addition, all cantilever signals shall be aluminum of
the walk out variety. All cantilevers shall be manufactured by Progress
Railroad Services or approved equal. An integral ladder and guard shall
be furnished as a part of each cantilever signal assembly. Cross -arms
shall be mounted on the cantilever arm such that the junction box faces
the walkway to permit servicing without having to reach over the arm.
D. CONSTRUCTION STANDARDS
All construction shall be performed in accordance with all applicable local,
state and federal codes. It is not the intent of these specifications and
standards to detail requirements for each location or installation. Rather, a
general set of requirements are defined to provide a minimum standard of
quality. In all cases, the contractor shall schedule his work so as not to interfere
with rail traffic operations. Construction shall consist of the following major
items:
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InCar1Y Koppel, Clerk and LIaRMTh ii ,1111
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Carly Koppes, Clerk and Recorder, Weld County, CO
iii INFallIf NIVPIP1,16Altialrih1/4.w7.t.riitintiosLP, Ili III
9
1. Installation of Instrument House
• The instrument house shall be located in a site designated on the
plans. The house shall be set up utilizing the internal legs a
minimum of 36" deep unless approved by railroad.
• The house shall be leveled by use of the adjusting bolts on the legs
supplied as a part of the house
• The house shall be finished by providing cover rock to a minimum
12" depth with a minimum tapered slope to the house of 60"
• The front door of the house shall face the road.
2. Installation of Instrument Case
The instrument case shall be located at the site designated on the plans.
The house shall be set utilizing two galvanized steel foundations with front
and back steps a minimum of 36" deep. The case shall be leveled by
adjusting fill prior to placing the foundations. The case shall be finished
by providing cover rock to a minimum 12" depth with a minimum
tapered slope to the case of 18". The front door of the case shall face
the road.
3. Grounding
The instrument house or case shall be grounded to four 5/8" diameter by
8' long copper ground rods. Each rod shall be driven into the soil a
minimum of 12" below finished grade. The house shall be connected to
the ground rods with minimum # 6 AWG solid copper conductors suitably
connected to the house. The ground wires shall be welded using ERICO
One -Shot connections to the ground rods. In addition, the ground rods
shall be connected by a continuous loop of #6 AWG solid copper wire
run from ground rod to ground rod. A #6 AWG solid copper conductor
shall be connected to the ground wire and brought into the house to
the designated ground connection lug on the equipment terminals for
grounding purposes.
4. Underground Requirements
All underground wiring is to be placed in 4" schedule 80 PVC conduit
when passing under roadways or tracks
a) Signal conduit, minimum of 4" diameter schedule 80 PVC.
Exception:
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Carly Koppes, Clerk and Recorder, Weld County, CO
III rji'pci p III
0
i. Minimum depth 48" if installed as part of crossing surface or 12"
below deepest point of excavation, whichever is more
ii. Minimum depth of 48" below top of rail if conduit crosses under
track
b) Track wire conduit, minimum 4" diameter schedule 80 PVC.
Minimum depth 24" from finished grade to top of conduit.
Exception:
i. Minimum depth of 48" if installed as part of crossing surface or
12" below deepest point of excavation, whichever is more
ii. Minimum depth of 48" below top of rail if conduit crosses under
track
5. Cable
Cable shall be Okonite copper conductors shall be installed as follows in
the size indicated:
6. Signal to Instrument House
7C #6 AWG (Okonite #206-11-6247) and 7C#14 AWG (Okonite #206-11-
6887) solid direct burial underground cable.
7. Track to Instrument House
Twisted pair, #6 AWG (Okonite #150-12-3933) solid direct burial underground
cable. Single conductor bondstrand, 133 strand, .013" tinned cadmium
bronze with .080" PVC.
8. Power
3C #6 AWG with Ground direct burial underground cable unless the
distance requires a larger cable to maintain the proper voltage.
9. Wire Terminations
All wiring shall be performed in a neat and professional manner. All
stranded wire terminations shall be made with crimped ring type lugs
suited for the particular application. Solid wire terminations shall be
made by forming a ring with the wire. All crimp terminations shall be
performed using a ratchet type crimping tool designed to hold the
lug until a full close crimp cycle is completed. Each wire shall be
tagged with a permanent label applied to each end of the wire
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Carly Koppes, Clerk !EVIAN',
and Recorder, Weld County, CO III liA P' I'�h R16
"III
11
stating the origin and destination of the wire or the function of the
wire.
10. Signal Foundations
All bury type signal foundations shall be shall be pre -cast
manufactured by Dixie Precast Inc, Part# DPS-2 EB. A total of eight
nuts and eight washers shall be provided for leveling purposes on
each foundation. Cantilever foundations shall be pre -cast
manufactured by Dixie Precast Inc. or approved equal. The length of
the cantilever and number of masts shall determine the appropriate
type of foundation to be supplied.
11. Track Bonding
All track bonding shall be attached by the exothermic weld process.
The bonds shall be
3/16" in diameter and shall be installed per the manufacturer's
instructions. A minimum of two bonds shall be installed on each joint.
12. Track Wire Connections
All track wire connections shall be made by the exothermic weld
process to the web of the rail. Track wires shall be direct buried from
the track wire junction box to the base of the rail. Track wires shall be
attached to the base of the rail by spring steel rail clip.
13. Track Shunts
Track shunts of the proper type necessary for the application shall be
furnished and installed. Hardwire shunts shall be double bonded and
each shall be web bonded to the rail. Wide band or narrow band
shunts shall be installed between two good ties and fastened down
in a way to prevent being damaged from vandals or passing
equipment.
14. Emergency Notification Signs
ENS Signs shall be DG3 retro reflective sheeting with white letters and
border on blue per MUTCD specifications. The signs shall be the
OmniTRAX standard. An OmniTRAX standard ENS stencil shall be
applied to the door.
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Carly Koppes, Clerk and Recorder, Weld County, CO
2
III Nl:l4'TPti4Ilhl IlkiiiiINIOLIII:IiiiM i:iw 11111
E. TESTING
Once the installation has been completed to the satisfaction of the Railroad's
Signal Department, compete testing of the system shall be performed
including tests for grounds and crosses, megger tests or all underground
cables, lamp voltage, power supply operation, current requirements,
approach shunting, etc. Any additional tests deemed necessary by the Vice
President of Signals and Communications shall also be turned over to the
Railroad's Signal Department. Once testing is complete, the equipment will
be conditionally accepted by the Railroad's Signal Department.
F. DOCUMENTATION
The contractor shall supply, as a criteria of conditional acceptance, final wiring
drawings of all equipment installed. A minimum of four sets of prints 1 1 " X 17"
format shall be supplied. Prints shall also be provided in electronic format to be
determined by current railroad standard i.e. CD rom. Format is preferred to be
in an AutoCadd (.dwg) format.
G. FINAL ACCEPTANCE
Once conditional acceptance has been granted and the installation has
operated successfully for two weeks, final acceptance will be made.
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Carly Koppes, Clerk and Recorder, Weld County, CO
III )jIP'' IliOLNIW,rishwaLrofiricii "liii
13
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