HomeMy WebLinkAbout1996-062-05/21/1996-BURLINGTON NORTHERN RAILROAD COLORADO DEPT TRANSPORTATION CONTRACT RAILROAD CONSOLIDATION PROJECT UN RESOLUTION 96-62
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION,UNION PACIFIC RAILROAD COMPANY,
AND THE BURLINGTON NORTHERN RAILROAD COMPANY
FOR THE CONSTRUCTION OF A PORTION OF PHASE II OF
THE RAILROAD CONSOLIDATION PROJECT
WHEREAS, in 1995, the City of Fort Collins ("City"), the Colorado Department of
Transportation ("CDOT"), the Burlington Northern Railroad Company (`BNRR"), and the Union
Pacific Railroad Company("UPRR")entered into a contract whereby the parties agreed to cooperate
in Phase I of the Downtown Railroad Track Consolidation Project ("the Project"); and
WHEREAS, in Phase I of the Project, the parties agreed to the consolidation of the UPRR
track and the BNRR track from Lemay Avenue to Mulberry Street into one railroad track; and
WHEREAS, Phase I of the Project was completed in the summer of 1995; and
WHEREAS, the parties now desire to enter into a contract regarding Phase II of the Project
which will involve the construction of a new connecting track east of College Avenue between the
BNRR main line and the UPRR branch line,construction of crossing signals with gates and concrete
railroad crossing material at the new crossing on Willow Street, removal of the BNRR branch line
across College Avenue and Cherry Street, and the upgrading of the UPRR crossing on College
Avenue at Cherry Street; and
WHEREAS, in order to implement and begin construction of Phase II of the Project, it is
necessary for the City, CDOT, BNRR and UPRR to enter into a second contract concerning Phase
II, which contract is attached hereto Exhibit "A" and incorporated herein by this reference ("the
Contract"); and
WHEREAS, Section 16 of Article II of the City Charter provides that Council may, by
resolution, enter into contracts with other governmental bodies to furnish governmental services or
to enter into cooperative or joint activities with other governmental bodies; and
WHEREAS,by the City entering into the Contract,it will make it possible to construct Phase
R of the Project,which improvements will benefit the public's health, safety and welfare by reducing
the number of train crossings across College Avenue each day from approximately twenty-two (22)
down to ten (10) or less.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS,that the City Council hereby approves the Contract and authorizes the City Manager to
enter into the Contract on behalf of the City.
Passed and adopted at a regular meeting of the City Council held this 21st day of May, A.D.
1996.
Mayor
ATTEST:
City Clerk
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Exhibit A
SRP M455-023
PHASE II,FORT COLUNS CONSOLIDATION
CONTRACT
FOR HIGHWAYMAILROAD GRADE CROSSING IMPROVEMENTS
UNDER FEDERAL SECTION 130 PROGRAM
THIS CONTRACT,made this day of I9 _by and between
the STATE OF COLORADO for the use and benefit of the STATE DEPARTMENT OF
TRANSPORTATION,DIVISION OF ENGINEERING,DESIGN AND CONSTRUCTION,
hereinafter referred to as the State,and the CITY OF FORT COLLINS,COLORADO hereinafter
referred to as the fora] Agency,the BURLINGTON NORTHERN RAILROAD COMPANY,
hereinafter refemd to as the BNRR,and THE UNION PANIC RAILROAD COMPANY,
hereinafter referred to as the UPRR,
WHEREAS,the BNRR and the UPRR shall hereinafter be rcfcrnod to jointly as the Railroad
Companies;and
WHEREAS,authority exists in the Law and Funds have ban budgeted,appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in Fund Number 400,Appropriation Code 010.Function 3987, Object 23111 P,Program
2000,Originating Unit 0920,Phase C.Contract Encumbrance Number 10988,Contract
Encumbrance Amount$308.062;and -
WHEREAS,required approval,clearance and coordination has been accomplished from and
with appropriate agencies;and
WHEREAS,this contract is executed by the State under authority of Section 43-1-110,
C.R.S., as amended,by both the State and the Local Agency under authority of Sections 29-1-203
and 43-2-144,C.R.S.,as amended,and by the Local Agency pursuant to an appropriate ordinance or
resolution duly passed and adopted by the Local Agency, a copy of which is attached hereto and
hereby made a part hereof;and
WHEREAS,pursuant to Tide I,Part A,Section 1007 of the Intermodal Surface
Transportation Efficiency Act of 1991,specifically Section 130 of Title 23,and the regulations
promulgated thereunder,certain federal funds have been and will in the future be made available for
the elimination of hazards at certain highway/railroad grade crossings on the Federal-aid highway
system.Federal-aid urban system,and on roads not on any Federal-aid highway system,by the
installation of warning devices,such projects being hereinafter referred to as the Section 130
Program;and
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WHEREAS,projects selected under the Section 130 Program am eligible for funding at the
rate of 100%Federal-aid funds,provided the project Costs are incurred in accordance with the
Conditions set forth herein,that all non-participating costs shall be borne equally by the Local
Agency and State at 100%;and
WHEREAS.Federal regulations(23CFR,Pat 646,Subpart B)require the State to contract
with rai(road companies and local agencies on Federal-aid projects involving use of railroad
property or adjustment to railroad facilities;and
WHEREAS,the State is responsible for the administration of the Section 130 program and
will act in the relative position of the Federal Highway Administration(FHWA)in reviewing and
approving highway/railroad projects and in authorizing expenditure of Federal-aid funds on said
projects; and
WHEREAS,the FHWA has detemtined that the use of a multi-patty contract is required in
order for the State to fulfill its administrative responsibilities under the Section 130 Program,
including the responsibility of assuring that work is not performed prior to authorization by the
State;and
WHEREAS,the Local Agency and the Railroad Companies understand that,pursuant to
paragraph 646.220 of 23CFR,the State Is responsible for issuing written authorization for all phases
of the work described herein, and that the costs for such work will be eligible for reimbursement
only if the work is performed after written authorization by the State;and
WHEREAS,the State will authorize the early purchasing of materials for the crossing
improvements, in the form of an authorization letter(Exhibit F),upon receipt of the Railroad
Companies'cost estimate for the Railroad work;and
WHEREAS,the State and the Local Agency have initiated this Section 130 Program,project
number SRP M455-023,by submittal of a completed CDOT Form No.463;and
WHEREAS,this project is located at two sites in the City of Fort Collins,Colorado,one at
the crossing of State Highway(SH)287(College Avenue)and the Railroad Companies'separate
tracks,and the other at the crossing of Willow Street and the BNRR tracks,National Inventory
Crossing ID No.094-505R;and
WHEREAS,this contract provides for highway/railroad grade crossing improvements
consisting of construction of a new concrete crossing surface at SH 287(UPRR), installation of
crossing warning devices at the Willow Street crossing(BNRR),and at Willow Street(BNRR),
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removal of BNRR track through SH 287 and Cherry Street locations,and street repairs at the
intersection of SH 287 and Cherry,and at Mason and Cherry,and at the Willow Street crossing,all
as the second phase of the Fort Collins track consolidation project;and
WHEREAS,SH 287 is a State Highway under the legal jurisdiction of the State,and
Willow,Mason and Cherry Streets,which art:not located on the State highway system,are under
the legal jurisdiction of the Local Agency;and
WHEREAS,the State and the Local Agency will file a joint Public Utilities Commission
(P.U.C.)Application for this project;and
WHEREAS,the State agreed to provide 100% State funding,up to a maximum of$250,000.
for the Fort Collins Consolidation work;and
WHEREAS,the State has provided$98,062 for Phase I of the Fort Collins Consolidation
work,which occurred in 1995,and in order to complete the State's funding commitment towards all
of the work,the State will provide$161.938 to this Phase H project;and
WHEREAS,the 161,938 in State funds will be distributed to this Phase A project by the
State paying the local Agency an amount not to exceed$74,000 based on monthly billings from the
Local Agency,as a State contribution for portions of Phase ll not covered under this agreement;and
In addition,the State will also provide funding in an amount not to exceed$97,939 towards costs on
this Phase II project as deserihed herein;and
WHEREAS,the Railroad Companies are adequately staffed and suitably equipped to
undertake and satisfactorily complete the proposed improvements,and can perform the railroad
work more advantageously and more cost effectively than the State or the Local Agency;and
WHEREAS,it is in the public interest that the railroad work be performed by the Railroad
Companies forces,on a Force Account basis.
NOW,THEREFORE, it is hereby agreed that:
ARTICLE I
GENERAL PROVISIONS
SECTION A. DEMEMM
1. CDOT = Colorado Deparmient of Transportation
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2. FHWA = U.S.Department of Transportation
Federal Highway Administration
3. 23CFR _ Title 23 of the Code of Federal
Regulations
4. MUTCD = The Manual on Uniform Traffic Control
Devices for Streets and Highways
5. P.U.C. Public Utilities Commission of Coloiado
6. The term"eligible charges"shall include only those actual incurred costs,as provided
In 23CM Part 140.which ate directly attributable to Project No. SRP M455-o23
and which are incurred following written authorization by the State for the various
work functions.
7. The term"railroad work"shall consist of the following work for the improvements by
the Railroad Companies:
a) Construct a new highway/railroad concrete crossing at SH 287(College
Avenue). (Work by UPRR forces.)
b) Install automatic flashing light signals with gates and motion detection
equipment at the Willow Street crossing. (Work by BNRR forces).
c) Construct new streaUrailroad concrete crossing at Willow Street(Work by
BNRR forces).
d) Remove BNRR track through SH 287(College Avenue)-and Chevy Street
locations. (Work by BNRR forces.)
8. The term"Local Agency Work"shall consist of work performed by Local Agency
forces and shall include the following.
A) Replace traffic loop detectors at the College Avenue(SH 287) and Cherry Street
intersections.provide traffic striping.and remove the engineer signals on the
13NRR track that Is being removed.
b) Provide construction zone traffic control along College Avenue(SH 287)and
Gerry Street and Willow Street
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e) Provide street repairs at SH 287(College Avenue)and Cherry Street
(BNRR and UPRR),at Mason and Cherry Streets(BNRR),and at Willow
Street(BNRR).
d) Engineering services,including design,preparation of the P.U.C, application,
plan preparation,surveying,and construction management
9. The term "State work"shall consist of work performed by State forces and shall
include the following:
a) Administration of the Section I30 program,of which this project is a part,
including issuing written authorization for all phases of work_
b) Engineering services,including preparation of general plans and inspection
during construction.
c) Additional support services,as required by the project.
SECTION B. FMMITS
The Exhibits listed below are hereto attached and made a part of this contract:
Exhibit A - Local Agency Ordinance or Resolution
Exhibit B - Print showing Ming Locations
Exhibit C-1 - UPRR cost estimate for construction of a new concrete crossing
surface at College(SH 287)and modifying railroad signals
Exhibit C-2 - BNRR cost estimate for Installation of crossing warning devices at
the Willow Street crossing
Exhibit C-3 - BNRR cost estimate for track removal through SH 287 and
Cherry Street
Exhibit C-4 - BNRR cost estimate for construction of a new concrete crossing
surface at Willow Street
Exhibit D-1 - Local Agency s cost estimate for traffic operations modifications at
the SH 287/Cherry Street intersection
Exhibit D-2- Local Agency's cost estimate for traffic control at College Avenue
(SH287/Cherry Street Intersection(uPRR tracks),Mason/Cherry
Street Intersection(BNRR tracks),and at Willow Street(BNRR
track)
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Exhibit D-3 - Local Agency's cost estimate for street repairs at College(SH 287
and Cherry Street intersection(BNRR&UPRR)Mason/Cherry
Intersection(BNRR),at Willow Street(BNRR)
Exhibit D4 - 1 0 Agency's cost estimate for engineering services
Exhibit E - Civil Rights Exhibit
Exhibit F - Authorization Letters
SECTION C. REEERENCEDOaampm
The following are made a part of this contract by reference the same as If attached hereto
Including any supplements or amendments thereto dated prior to date of this contract:
23CFR Pan 140 Subpart I
23CFR Part 172
23CFR Part 646 Subpart.B
MUM Dated 1988
SECTION D. pESIGN DATA
The highway/milmad improvement project provided herein,identified as Project No.
SRP M455-023 consists of improvements in Fort Collins,Colorado, including installing new
crossing surface material at UPRR's crossing of SH 287,and at BNRR's crossing of Willow Street,
installing new concrete crossing surface material,and grade crossing warning devices consisting of
flashing light signals,bells,gates,and motion detection equipment at the Willow Street crossing,
and removing the BNRR's existing tracks through SH 287 and Cherry Street Such improvements
are more fully described in MOT Form No.463(Design Data) that the State and Local Agency
have developed. The Local Agency and Railroad Companies understand that only those
improvements provided in the approved final CDOT Form No.463 for this project are eligible for
Federal-ald participation under this contract
ARTICLE U
CORE IITMENTS ON THE PART OF THE LOCAL AGENCY
SECTION A. PRE-CONTRACT ADhMUMATfVP JASKS
Certain administrative tasks are necessary to be performed prior to execution of this contract
and the parties hereto agree that the costs of those tasks,whether incurred by the Local Agency or
the State,shall be eligible for reimbursement from project funds. Said tasks include,but are not
limited to,preparation of CDOT Form No.463,attending pre-design meetings,design work,
preparation of P.U.C. applications,obtaining FHWA approvals and preparation of this contract.
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In the event Federal-aid funds are not made available,or are withdrawn from the project,the state
and Local Agency shall share on a pro-rate basis In costs incurred by the State.
SECTION B. P.U.C.AHaxA't QN
The Local Agency shall prepare the P.U.C.applications. TU Local Agency and State shall
be joint applicants for SH 287(College Ave.),and the Local Agency shall be sole applicant for
Willow street. The P.U.C.applications shall request a p.U.C.order providing for the improvements
described herein. The local Agency and the State shall each bear their respective responsibilities
covering the joint application,i.e., the State for SH 287(College Avenue)and the Local Agency for
Cherry and Mason Streets. The Local Agency shall participate In any hearing before the P.U.C.in
Us matter and shall be responsible for presenting all evidence relative to those portions of the
project under the Local Agency's jurisdiction at any such hearing. 7U State's issuance of
authorization to proceed with the railroad work shall be contingent upon the P.U.C.'a approval.
SECTION C. LrMl=,
The Local Agency shall be responsible for obtaining proper clearance or approval in writing,
or formal agreement if utility adjustments arc required,from utility companies which may be
involved in the Willow.Cherry and Mason Streets portions of the project. 'Me Local Agency shall
furnish the State with documentation of such clearance or approval prior to installation of the
proposed improvements.
SECTION D. RLGHT QF WAY
The Local Agency shall provide written certification to the State that the Willow.Cherry and
Mason Streets portions of proposed project number SRP M455-023 will be constructed on existing
right of way,or that if right of way Is acquired for the completion of the project that such acquisition
was made in accordance with FHWA and State regulations.
SECTION E. COST PSTIMA__
Prior to execution of this contract,the Local Agency shall review that portion of the Railroad
Companies'plan and estimate(Exhibits C-1 through C-3)for the railroad work defined in Article I,
Section A(7),and shall notify the State,in writing,whether the estimate is acceptable as a basis for
reimbursing the Railroad Companies,as provided in Article I,Section A(6),which defines eligible
charges,and Article V,Section A(1),which describes actual project costs and cost overruns. The
Local Agency has provided the State with the Local Agency's cost estimate for traffic operations
modifications,constmetion zone traffic control,including detouring of traffic if required,pavement
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marking,street repairs,and any other work that the Local Agency will be responsible for
performing,and for which the Local Agency will seek reimbursement,in connection with project
number SAP M455.023. The estimates are attached hereto as Exhibits D-I through D-4. The State
will assist in determining these costs If requested by the Local Agency.
SECTION P. CROSSING 5ROVEMENT WMK
The Local Agency shall coordinate the crossing improvement work and shall inspect the
railroad work performed by Railroad Companies'forces. The Local Agency shall not initiate or
authorize any crossing improvement work,including the railroad work until the State has issued the
Article IV,Section A(2).Notice to Proceed to the Local Agency and the Railroad Companies. In
the event that such work is initiated by the Local Agency prior to issuance of the notice to proceed.
other than the early ordering of material for the crossing improvements as authorized,in writing,by
the State(Exhibit F)the Local Agency shall be solely responsible for all casts incurred for work
performed prior to such issuance. The Local Agency shalt be responsible for performing the Local
Agency Work described in Article L Section A(g).
SECTION G.
The Local Agency shall review and verify both the BNRR and the UPRR billings for the
railroad work performed hereunder to ensure that the billings are for eligible charges for work
actually performed. After Local Agency verification,these billings along with all other project
charges,shall be transmitted as a billing from the local Agency to the State's Region representative
for approval and reimbursement,as provided In Article IV,Section C. The Local Agency shall also
reimburse the State for the State's charges,as provided in Article IV,Section B,within 30[lays
following receipt of the State's billings.
SECTION H. LOCAL AGENCX B i.1N .,R
The Local Agency shall present its final bill to the State for all of its work,including the cost
of the Local Agency's engineering,inspection,street repairs,traffic control,traffic operations
modifications,and coordination in a total amount not to exceed$122,000 as shown in the estimate
(Exhibits D-1 through D-4). The final bill shall be presented within 30 calendar days after
completion of the work. In addition,the Local Agency shall present its monthly billings to the State
for other Phase 11 work not covered by this agreement,until the amount of$74,000,the state's
contribution toward such other Phase 11 work,has been reached. A final bill shall be presented
within 30 calendar days after completion of such work,If any of the$74,000 retnains to be paid.
Reimbursement for work will not be made if the work is performed prior to the issuance of written
notice to proceed.
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SECTION I. INSPECTION AND ALIDtT'
The Local Agency shall obtain a written notice to proceed from the State before it performs
or authorizes the performance of any work under this contract. The Local Agency shall,during all
phases of the work,permit duly authorized agents and employees of the State and the FHWA to
inspect the project and to inspect,review and audit the preject records. The Local Agency shall
maintain all books,documents,papers,accounting records and other evidence pertaining to costs
incurred and to make such materials available at all reasonable tittles during the construction of the
project and for 3 years from the data of final payment. Copies of such records shall be fumished by
the Local Agency if requested.
ARTICLE III
COMHIITM)~NTS ON THE PART OF THE RAILROAD COMPANIES
SECTION A. GASSING AT GRADE
1• The Railroad Companies agree to accomplish by force account
all the railroad work defined in Article I,Section A(7)as provided hereunder,provided that the
Railroad Companies shall obtain written notice to proceed from the State before they start to
perform or authorize the performance of such railroad work.
2. Plano and Eatimate, The Railroad Companies shall prepare a general plan showing the
improvements,along with itemized estimates(Exhibits C-1 through C-3)for each Crossing(SH 287,
Willow and Cherry Streets). The Railroad Companies must receive approval of such plans and
estimates together with a written notice to proceed from the State prior to beginning any railroad
work or incurring any expense,unless otherwise authorized by the State. The estimates shall also
take into account the value of all existing material that can be salvaged and/or scrapped. If theirs Is
no salvageable and/or scrapped material that has value,the estimates shall so state. The Local
Agency and the State shall be afforded the opportunity to inspect salvaged and/or scrapped material
regarding their respective crossings. The plans and estimates(Exhibits C-1 through C-4)when and
as approved by the MMA and the parties hereto,shall govem the installation of the grade crossing
warning devices.
3. Chan&Cq in the Railroad Work No change shall be made in the railroad work which will
increase the cost shown on the estimates(Exhibits C-1 through C-4),or which will alter the
character or scope of the railroad work,without prior written concurrence from the Local Agency
and prior written authorization by the state. The Railroad Companies shall be responsible for cost
increases resulting from unauthorized changes in the railroad work. .
SECTION H. NOTICE
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After receipt of the Notice to Proceed from the State,the Railroad Companies shall notify
the Local Agency and the State at least ten working days in advance of beginning the railroad work
so that the Local Agency can arrange for construction zone traffic control as required in the traffic
control plan and the State can arrango for administration and inspection. The Railroad Companies
shall also furnish the Local Agency and the State a copy of the completion notice they furnish the
P.U.C.
SECTION C. RAUOAn coMP NMS]DILLINGS
Progress billings of incurred costs for the railroad work shall be acceptable in minimum
amounts of$500 for each billing. The Railroad Companies shall each present their final bills to the
Local Agency for all railroad work,including the cost of each Railroad Company's engineering,in a
total amount not to exceed$96,410 for the BNRR and in a total amount mx to exceed$214,913 for
the UPRR,as shown in the estimates Mxhiblta C-1 through C-4j,except as provided In Article 1 L
Section A. Each final bill from the Railroad Companies shall be presented within 180 calendar days
after completion of the railroad work. Reimbursement for railroad work will not be made if the
work is performed prior to issuance of written notice to proceed by the State,unless the Railroad
Companies obtain subsequent approval from FHWA for reimbursement from project funds. Each
Railroad Company shall allow the Local Agency and the State to audit each Railroad Company's
billings to verify compliance with 23CM Part 140,Subpart L Labor charges for any railroad work
performed by Railroad Companies personnel shall be in accord with the then current working
agreements between the Railroad Companies and their respective employees.
ARTICLE IV
CObIIMI1TMENTS ON THR PART OE THE STATE
SECTION A. PR�"j'ADMINTSTRATION
1. &=yals by the State. The State,acting in the w1ativo position of the FHWA,shall be
responsible for approving the various work functions relative to this project The work functions
include,but are not limited to,preliminary engineering,tight-of-way,utility adjustments,railroad
work, and work by the Local Agency,
2. XMice to Proceed. The State shalt issue written notices to proceed for the various work
functions as may be required. Any work function performed by the Local Agency or the Railroad
Companies prior to the issuance of the notice to proceed shall not be eligible for reimbursement
from Federal-aid funds.
3. ElmiP Ym3kU II. The State, upon execution of this contract and receipt of required
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project data.shall prepare general plans for the project. Detailed plans for the railroad work shall be
the responsibility of the Railroad Companies and shall conform to P.U.C.requirements.
SECTION B. STATE-S SXM=T SERVICES AND ARQ S
The State shall perform the support services necessary for the approval and administration of
this contract. These services may be performed in preparation for any conditions or requirements of
this contract,including prior FHWA approval of project work. The State will perform the support
services at project expense. The costs of such support services and assistance shall be paid to the
State from project funds at the applicable rate identified in Article V,Section A(1). The State
agrees that its charges shall not exceed two percent(2%)of the estimated total project budget as
detailed in Article V,Section A,or two thousand dollars($2,000),whichever Is the greater amount,
unless the Local Agency authorizes,in writing,a higher amount. The State's Region Transportation
Director shall be responsible for monitoring project charges.However,in the event that Federal
funding is either not made available or Is withdrawn for this contract,or if the Local Agency
terminates this contract prior to project approval or completion for any reason,then all actual
incurred costs of such services and assistance provided by the State shall be at the sole expense of
the Local Agency. At the request of the Local Agency,the State may provide other assistanm as
agreed to in uniting. The Local Agency shall reimburse the State the actual costs incurred by the
State in performing such assistance.
SECTION C. RENOMMUMTO THE RAILROAD COMPANIES
Upon receipt of billings for the railroad work for the crossing improvements from the BNRR
and the UPRR and approval by the State and by the Local Agency as provided by Article III,Section
C of this contract, the State shall reimburse the BNRR and the UPRR the amount of eligible
charges,as defined in Article 1,Section A('). Such reimburacment shall be made within 30
calendar days of receipt of the BNRR and the UPRR hills. The State shall also submit a final
recapitulation of costs to the Local Agency,
SECTION D. BU1.INQ9 TO THR I.txpl.Ar, U=
The State will bill the Local Agency for the Local Agency's share of support costs incurred
by the State In project administration as provided in Article IV,Section B.
SECTION E.
The State has committed 100%State funding,up to a maximum of$250.000,for the Fort
Collins Consolidation wont.The State provided$88,062 for Phase I in 1995,and in order to
complete the State's funding commitment,the State will provide$161.939 to this Phase A project.
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The$161.938 in State funds will be distributed to this Phase A project by the State paying the Local
Agency,an amount not to exceed$74,000 based on monthly billings from the Local Agency,and in
addition,the State will also provide funding in so amount not to exceed$87,938 towards costs on
this Phase It project as defined in Article V,Section A(1).
ARTICLE V
ADDITIONAL PROVISIONS
SECMONA. EVANCTAT-PRQ SVL IOM
1. PrOWI Chat. The cost of this project number SRP M455-023 shall be allocated as
follows:
a. State's Estimated Sham
State's construction engineering cost S51000
(College Crossing):
Traffic Operation Modifications(by Local Agency)(Exhibit D-1) $5,000
Street repairs-College/Cberty (by Local Agency)(Exhibit D-3) $45,000
Remove BN crossing/tracks(RR forces)(Exhibit C-3) $9,938
Traffic control(by Local Agency)(Exhibit D-2) $16.000
Indirect costs attributable to state $7 000
Contribution to Local Agency(for other Phase II work not coveted by
this agreement)as State's final funding commitment to Fort Collins
Consolidation Project $74.00(►
STATE'S TOTAL ESTIMATED COST $161,939
b. State's contribution to Local Agency ($74 000)
c. Federal Participating Funds
Local Agency preliminary eugineedng cost (Exhibit D-4) $20.000
(College Crossing):
Reconstruct UP Crossing and signals(RR forces)(Exhibit C-2) $214.913
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Street repairs-Cherry/Mason(by Local Agency) (Exhibit D-3) $12,000
(Willow Crossing):
Install new signals and gates(RR forces)(Exhibit C-1) $69,839
Install crossing material(RR form)(Exhibit C•4) 16.633
Street repairs(by Local Agency)(Exhibit D-3) 20,000
Traffic control(by Local Agency)(Exhibit D-2) 4,000
Contingency 25.p�
TOTAL FEDERAL PARTICIPATING:}FUNDS S382-385
TOTAL ESTIMATED COSTS-SRP M455-023 $470,323
If actual project costs exceed the total budget,and if additional Federal funds are not
available,then the State and the Local Agency shall bear the excess costs of the project subject to
availability of funds,except that the State and the Local Agency shall not be liable for the cost of
any unauthorized changes in the Railroad work as provided in Article III,Section A(3). If project
costs underrun the cadmated total budget,the Federal portion of such underrun shall be reallocated
within the framework of the Statewode Section 130 Program as mutually agreed upon by the State
and the FHWA.
SECTION B. FEDERAL Am PROJECTS
It is understood that the project herein coptemplated shall be financed in part from funds
made available by the Federal Government and expended under Federal regulations;that all plans,
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MAY-15 96 09:59 FROM:CDOT STAFF DESIGN 303-757-9868 T0:3032216378 _ PAM:15
estimates of cost,specifications, authorizations,awards of contracts,acceptances of work and
procedures in general are subject at all times to all Federal laws,rules.regulptiona,orders and
approvals applying to Federal projects.
SECTIONC. CAhMI.ATrON
Any party to this contract shall have the right to cancel this contract by giving the other
parties thirty(30)days notice by certified registered mall,return receipt requested,provided such
cancellation is effective before the railroad work begins. 9 notice is so given,this contract shall
terminate on expiration of the thirty days and the liability of the parties hereunder for further
performance of the terms of this contract shall thereupon cease,but the parties shall not be released
from the duty to perform their obligations and shall pay their shays of costs incurred up to the date
of cancellation as provided in the contract.
SECTION D. REPIt_ ESEMIA=
For the purpose of this contract,the individuals named below are hereby designated
representatives of the respective patties. Any party may, at any time,designate in writing new or
substitute representatives.
1. If to State:
Mr.Doug Raines
Region Transportation Director,Region 4
1420 2nd Street
P.O.Box 850
Greeley,CO 80632
Phone(970)350-2101 (970)350-2177 FAX
2. If Ig Local Agcoo:
Mr.Mark Sears,Project Engineer
Transportation Services
City of Fort Collins
281 North College Avenue
Fort Collins,CO 80522-0580
Phone(970)221-6583 (970)221-6378 FAX
-14-
MAY-SS 96 09:00 FROM:CDOT STAFF DESIGN 303-757-9868 TO:30322163M PAGE:16
3. If to$1�R
Mr.Robert W.Carter
Coordinator Public Programs
Burlington Northern Railroad
373 Inverness lhive South
Englewood,CO 80112
Phone(303)220-3554 (303)220-3749 FAX
3, If to UPRR
Mr. R.H. (Dick)Rauschmaler
Manager,Industry and Public Projects
Union Pacific Railroad
406 West 1st South
Salt take City,UT 84101
Phone(901)595-3560 (801)595-3554 FAX
The State's Region Transportation Director Engineer shall be responsible for issuing all Notices to
Proceed.
SECTION E. CrVlr-RIGHTS
The Railroad Companies agree to adhere to all applicable laws,regulations,and executive
orders prohibiting discrimination,including,but not limited to the Colorado Antidiscrimination Act
of 1957, the Immigration Reform and Control Act,the 1964 Civil Rights Act,and Executive Order
11246,as amended,and the rules,regulations,and orders of the Secretary of Labor. Further,the
Railroad Companies will include provisions in their subcontracts,including contracts for materials
and equipment leases,that will ensure that its subcontractors abide by applicable civil rights laws.
The Railroad Companies will continue to maintain their existing affirmative action programs for all
affected groups,including the utilization of minority business enterprises. Additionally,the
Railroad Companies will continue to post appropriate notices,whether provided by OFCCP or
otherwise,as required by federal law.
SECTION F. TERM
The tern'of this contract.except for the provisions regarding roadway maintenance and
maintenance and future use of warning devices,shall continue through completion and final
-IS-
MAY-15 96 09:01 FROM:CDOT STAFF DESIGN 303-757-98M TO:3032216378 PAGE:17
acceptance of this project by the Local Agency,the State,and the FHWA. The covenants regarding
roadway maintenance and maintenance and future use of warning devices constructed under this
contract shall remain In effect in perpetuity or until such time as the Local Agency or each Railroad
Company is,by law or otherwise,relieved of such responsibility.
SEC'i`fON Q, MAM=g)YCE
Upon completion of the work required under this contract,the Railroad Companies shall
thereafter operate,maintain,repair and keep the roadbed,crossing sun#sees,track and
appurtenances,including the railroad grade crossing warning devices installed hereunder,in a
proper working condition. In the event any Federal,State,local or other funds become available for
use in the operation,maintenazwe,or repair of the crossing warning devices installed hereunder,the
Railroad Companies shall be free to apply for such funds. The Local Agency shall be responsible
for maintaining the roadway approaches to the crossing at Willow,Cherry and Mason Streets and
the State shall be responsible for maintaining the roadway approaches to the crossing at SH 287
(College Avenue). Roadway approaches shall be considered that section of roadway in the vicinity
of the crossing beginning at the railroad crossing advance warning signs and extending to the ends
of the railroad track cross ties,Including the portion of roadway lying between multiple tracks. The
Local Agency and the State shall also be responsible for maintaining advance warning signs and
pavement markings. Neither the Local Agency nor the State shall not be responsible for
maintaining the Railroad companies'facilities.
SECTION H. FI_tTr RP USE OF WAHXM DEVICES
If,hereafter,by agreement,negotiation,or order of competent public authority,the grade
crossing warning devices are tendered unnecessary,undesirable or improper by closing of said
crossing,by relocation,by separation of grades,or by developments or improvcteents in crossing
protection, or otherwise,such devices shall be removed,and if by mutual agreement the grade
crossing warning devices are deemed suitable for reuse at another location, they shall be reinstalled
at that location by the Railroad Companies under a separate agreement for relocation between the
State,Local Agency,and Railroad Companies as approved by the Colorado P.U.C. If the Local
Agency widens Willow,Cherry or Mason Streets or makes any changes therein which require
relocation of said devices,the Local Agency will bear the entire cost of making such changes. If the
State widens SH 287 or makes any changes therein which require relocation of said devices,the
State will bear the entire cost of making such changes. Whenever by reason of Railroad Companies
changes said devices am removed,relocated or replaced the entire cost thereof shall be borne by the
Railroad.Companies.
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MAY-15 96 09:02 FROM:CDOT STAFF DESIGN 303-757-98GS TO:3032216378 PAGE:18
SECTION L SUCCESSORS AND ASSrcNc
All of the covenants and provisions hereof shall inure to the benefit of and be binding upon
the parties homto,their successors and assigns.
SECTION J. SIMCIAL PROVISMM
The Special Provisions attached hereto immediately following the signature page are hereby
made a part of this contract For the purpose Of uttorpretation of said Special Provisions,the Local
Agency and the Railroad Companies shell each be known,separately,as"the contractor."
SECTION K. SIGNA� Tarr[, F AUTHOlt_r_ry
The Railroad Companies 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 contract on behalf of the Railroad Companies and to bind the
Railroad Companies to its terms.
SECTION L AUTHORMAMONS
Pursuant to 23C1$t,Part 646,Subpart B, the State will act in the relative position of the
FHWA, including issuing all necessary written authorizations for all phases of the work described
herein. The cost for such work will be eligible for reimbursement only if the work is performed
after written authorization is issued by the State.
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MAY-15 96 10:43 FROM:CDOT STAFF DESIGN 303-757-98W T0:3032216378 PAGE:02
project data,shall prepare general plans for the project. Detailed plans for the railroad work shall be
the responsibility of the Railroad Companies and shall conform to P.U.C.requirements.
SECTION B. STAIRS St M=T ra_RM= AND CHMOve
The State shall perform the support services necessary for the approval and administration of
this contract. These services may be performed in preparation for any conditions or requirements of
this contract,including prior FHWA approval of project woric The State will perform the Support
services at project expense. The costs of such support services and assistance shall be paid to the
State from project funds At the applicable rate identified in Article V,Section A(1). The State
agrees that its charges shall not exceed two percent(2%)of the estimated total project budget As
detailed in Article V,Section A,or two thousand dollars($2,000),whichever is the greater amount,
unless the Local Agency authorizes,in writing,a higher amount. The States Region Transportation
Director shall be responsible for monitoring project charges.However,in the event that Federal
funding is either not made available or is withdrawn for this contract,or if the Local Agency
terminates this contract prior to project approval or completion for any reason,then all actual
incurred costs of such services and assistance provided by the State shall be at the sole expense of
the Local Agency. At the request of the Local Agency,the State may provide other assistance as
agreed to in writing. The Local Agency shall reimburse the State the actual costs incurred by the
State in performing such assistance.
SECTION C.
Upon receipt of billings for the railroad work for the crossing improvements from the BNRR
and the UPRR and approval by the State and by the Local Agency as provided by Article M.Section
C of this contract,the State shall reimburse the BNRR and the UPRR the amount of eligible
charges,as defined in Article I,Section AM. Such reimbursement shall be made within 30
calendar days of receipt of the BNRR and the UPRR bills. The State shall also submit a final
recapitulation of costs to the Local Agency.
SECTION D. BT1 UNCIR TQ THE t MPI AGENCY
The State will bill the Local Agency for the Local Agency's share of support costs incurred
by the State in project administration as provided in Article IV,Section B.
SECTION E.
The State has committed IOD%State funding,up to a maximum of$250,000,for the Fort
Collins Consolidation work.The State provided$88,062 for Phase I in 1995.and in order to
complete the State's funding commitment,the State will provide$161.939 to this Phase II project.
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MAY-15 S6 10:43 FROM:CDOT STAFF DESIGN 303-7S7-9868 TO:3032216378 PAGE:03
The$161,938 in State funds will be distributed to this Phase 11 project by the State paying the Local
Agency,an amount not to exceed$74,000 based on monthly billings from the Local Agency,and in
addition,the State will also provide funding in an amount not to exceed$87,939 towards costs on
this Phase H project as defined in Article V,Section A(l).
ARTICLE V
ADDITIONAL PROVISIONS
SECTION A. FI ANOAL PRAM_ MM
1. Pmiect Cost- The cost of this project number SRP M4455-023 shall be allocated as
follows:
a. State's Estimated Sham
State's constitution engineering cost 55,000
(College Crossing):
Traffic Operation Modifications(by Local Agency)(Exhibit D-1) $5,000
Street repairs-College/Cherry (by Local Agency)(Exhibit D-3) $45,000
Remove BN crossing/tracks(RR forces)(Exhibit C-3) $9,939
Traffic control(by Local Agency)(exhibit D-2) $16,000
Indirect costs attributable to State $7,000
Contribution to Local Agency(for other Phase II work not covered by
this agreement)as State's final funding commitment to Fort Collins
Consolidation Project S7d_00t1
STATE'S TOTAL ESTIMATEDCOST • $161,938
b. State's contribution to Low Agency ($74 000)
c. Federal Participating Funds
Local Agency preliminary engineering cost(Exhibit D-4) $20.000
(College Crossing):
Reconstruct UP Crossing and signals(RR forces)(Exhibit C-2) $214,913
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MAY-15 96 10:43 FROM:CDOT STAFF DESIGN 303-757-98G9 TO:303221&TM PAGE:04
Street repairs-Cherry/Mason(by Local Agency)(Exhibit D-3) $12,000
(Willow Crossing):
Install new signals and gates(RR forces)(Exhibit C-1) $69.934
Install crossing material(RR forces)(Exhibit C-4) 16.633
Street repairs(by I am'Agency)(Exhibit D-3) 20.000
Tragic comrol(by Local Agency) (Exbibit D-2) 4.000
Contingency ,ppp
TOTAL FEDERAL PARTICIPATING FUNDS S382.385
TOTAL ESTIMATED COSTS-SRP M453-023 $470,323
If actual project costs exceed the total budget,and if additional Federal funds am not
available, then the State and the Local Agency shall bear the excess costs of the project subject to
availability of funds,except that the State and the Local Agency shall not be liable for the cost of
any unauthorized changes in the Railroad work as provided in Article III,Section A(3). if project
costs underrun the cstimmed total budget,the Federal portion of such undemm shall be reallocated
within the framework of the Statewode Section 130 Program as mutually agreed upon by the State
and the FHWA.
SECTION B. FME At.Am P QI>+_cTC
It Is understood that the project herein contemplated shall be financed in part from funds
made available by the Federal Government and expended under Federal regulations;that all plans,
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MAY-15 96 08:59 FROM:CDOT STAFF DESIGN 303-757-990 T0:3032216378 PAGE:SS
estimates of cost,specifications,authorizations,awards of contracts,acceptances of work and
procedures in general are subject at all times to all Federal laws,rules.regulgona,orders and
approvals applying to Federal projects.
SECTION C. )AKM 7.AMN
Any party to this contract shall have the right to cancel this contract by giving the other
parties thirty(30)days notice by certified registered mall,return receipt requested,provided such
cancellation is effective before the railroad work begins. If notice is so given,this Contract shall
terminate on expiration of the thirty days and the liability of the parties hereunder for further
performance of the terms of this contract shall thereupon cease,but the parties shall not be released
from the duty to perform their obligations and shall pay their share of costs incurred up to the date
of cancellation as provided in the contract.
SECTION D. REPRES MrAMM
For the purpose of this contract,the individuals named below are hereby designated
representatives of the respective parties. Any party may, at any time,designate in writing new or
substitute representatives.
1. If to State:
Mr.Doug Ramos
Region Transportation Director,Region 4
1420 2nd Street
P.O.Box 850
Greeley,CO 90632
Phone(970)350-2101 (970)350-2177 FAX
2. tf a L.+cal Awn,vim:
Mr.Mark Sears,Project Engineer
Transportation Services
City of Fort Collins
281 North College Avenue
Fort Collins,CO 80522-0 90
Phone(970)221-6583 (970)221-6378 FAX
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MAY-15 96 09:00 FROM:CDOT STAFF DESIGN 303-757-98M TO:3032216378 PAGE:16
3. If to BNn
W.Robert W.Carter
Coordinaw Public Programs
Burlington Northern Railroad
373 Inverness Ddvo South
Englewood,CO 80112
Phone(303)220-3554 (303)220-3749 FAX
3. If to UPRR
Mr. R.H. (Dick)Rauschmcler
Manager,Industry and Public Projects
Union Pacific Railroad
406 West 1st South
Salt Lake City,UT 84101
Phone(801)595-3560 (801)595-3554 FAX
The State's Region Transportation Director Engineer shall be responsible for issuing aU Notices to
Proceed.
SECTION E. CrVll-R1Q1TrS
The Railroad Companies agree to adhere to all applicable laws,regulations,and executive
orders prohibiting discrimination,including,but not limited to the Colorado Antidiscrimination Act
of 1957, the Immigration Reform and Control Act,the 1964 Civil Rights Act,and Executive Order
11246,as amended,and the rules,regulations,and orders of the Secretary of Labor. Further,the
Railroad Companies will include provisions in their subcontracts,including contracts for materials
and equipment leases,that will ensure that its subcontractors abide by applicable civil rights laws.
The Railroad Companies will continue to maintain their existing affirmative action programs for all
affected groups, including the utilization of minority business enterprises. Additionally,the
Railroad Companies will continue to post appropriate notices,whether provided by OFCCP or
otherwise,as required by federal law.
SECTION P. TERM
The term of this contract,except for the provisions regarding roadway maintenance and
maintenance and fature use of warning devices,shall continue through completion and final
-15- .
MAY-15 96 09:01 FROM:CDOT STAFF DESIGN 303-757-9968 TO:3032216378 PAGE:17
acceptance of this project by the Local Agency,the State,and the FHWA. The covenants regarding
roadway maintenance and maintenance and future use of warning devices constructed under this
contract shall remain in effect in perpetuity or until such time as the Local Agency or each Railroad
Company is,by law or otherwise,relieved of such responsibility.
SECTION O. MAMMANCE
Upon completion of the work requited under this contract,the Railroad Companies shall
thereafter operate,maintain,repair and keep the roadbed,crossing surfaces,track and
appurtenances,including the railroad grade crossing warning devices installed hereunder,in a
proper working condition. In the event any Federal.State,local or other funds become available for
use in the operation,maintenance,or repair of the crossing warning devices installed hereunder,the
Railroad Companies shall be free to apply for such funds. The Local Agency shall be responsible
for maintaining the roadway approaches to the crossing at Willow,Cherry and Mason Streets and
the State shall be responsible for maintaining the roadway approaches to the crossing at SH 287
(Col lcgc Avenue). Roadway approaches shall be considered that section of roadway in the vicinity
of the crossing beginning at the railroad crossing advance warning signs and extending to the ends
of the railroad track cross ties,including the portion of roadway lying between multiple tracks. The
Local Agency and the State shall also be responsible for maintaining advance warning signs and
pavement markings. Neither the Local Agency nor the State shall not be responsible for
maintaining the Railroad companies'facilities.
SECTION H. Ff rl' =USE OF WARtytN(}DEVIM
If,hereafter,by agroement,negotiation,or order of competent public authority,the grade
crossing warning devices arc tendered unnecessary,undesirable or improper by closing of said
crossing,by relocation,by separation of grades,or by developments or improvements In crossing
protection,or otherwise,such devices shall be removed,and if by mutual agreement the grade
crossing warning devices are deemed suitable for reuse at another location,they shall be reinstalled
at that location by the Railroad Companies under a separate agreement for relocation between the
State,Local Agency,and Railroad Companies as approved by the Colorado P.U.C. If the Local
Agency widens Willow,Cherry of Mason Streets or makes any changes therein which require
relocation of said devices, the Local Agency will bear the entire cost of making such changes. If the
State widens SH 297 or makes any changes therein which require relocation of said devices,the
State will bear the entire cost of making such changes. Whenever by reason of Railroad Companies
changes said devices arc removed,relocated or replaced the entire cost thereof shall be borne by the
Railroad.Companies.
-lfr
MAY-15 96 09:02 FROM:CDOT STAFF DESIGN 303-757-9868 T0:3032216378 PAGE:18
SECTION I. SUCCESSORS AND ASSMM
All of the covenants and provisions hereof shall inure to the benefit of and be binding upon
the parties hereto,their successors and assigns.
SECTION J. SEECLAL PROVISJ=
The Special Provisions attached hereto immediately following the signature page am hereby
made a part of this contract. For the purpose of interpretation of said Special Provisions,the Local
Agency and the Railroad Companies shall each be known,separately,as"the contractor.•
SECTION K. SIGNA11M AUTHOR Y
The Railroad Companies 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 contract on behalf of the Railroad Companies and to bind the
Railroad Companies to its terms.
SECTION L.. AUTHOR .ATIONS
Pursuant to 23CFR,Part 646.Subpart B.the State will act in the relative position of the
FHWA, including issuing all necessary written authorizations for all phases of the work described
herein. The cost for such work will be eligible for reimbursement only if the work is performed
after written authorization is issued by the State.
-17-
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2.Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated.budgeted,
and otherwise made available.
BOND REQUIREMENT -
3.if this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building.
road,bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included
in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this eontreeL Such bond shall be duly executed by a qualified corpomte
dition,shall provide that(f the contractor or his subcontractors fail to duly pay for any
surety conditioned upon the faithful performance of the contract and in ad
labor,materials.team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery.tools,or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per Cent per annum.Unless such bond is executed,delivered and
filed,no claim in favor of the contractor arising under such contract shall be audited.allowed or paid.A certified or cashier's chock or a bank money order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4.To the extent authorized by law,the contractor shall indemnify.save,and hold harmless the State,its employees and agents,against any and all claims.
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
agents,subcontractors,or assignees pursuant to the terms of this coutraet
DISCRIMINATION AND AFFIRMATIVE ACTION
5.The connector agrees ro comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957.as ameaded.and other applicable law respecting
discrimination and unfair employment practices(CRS 24-34-402).and m required by Exeeotiva Order.Equal Opportunity and Affum stive Action.dated April 16.
1975.Pursuant thereto,theyollowfng provision,shall be contained in all Sratt contracts or sub-conraeas.
During the performance of this contract.the contractor agrees as follows:
(a)The contractor will not discriminate against any employee or applicant for employment because of race.creed,color,national origin,sex,
marital stems,religiao,ancestry.
mental or physical bap,or age The com acmr will take affumalive action to imam that appliesnu are employed.and that
employees are treated during employment without regard to the above me boned charac=nUm So eh aetiaa SIuB include.but eat be Bruited to the following:
employment upgrading.demotion,or t amfer.pxruitmant or rerndtment advenisings:layoffs or ceminadoos;rues of pay or other trams of compensation:and
selection for training,including apprenticeship.The contractor agrees to post in conspicuous places.available to employees and applicants for employment.
erotica to be provided by the contracting officer setting forth provisions of this non-discrimination Blame.
(b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contucmr.state that all qualified applicants will
receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,menu)or physical handicap,
or age.
(c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contra or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the COnlractm's commitment under the
Executive Order,Equal Opportunity and Affirmative Action.dated April 16. 1975.and of the rules,regulations,and relevant Orders of the Governor.
(d)The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April
16. 1975. and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and Orders-
(c)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of rue,creed,color.
sex,national origin.or ancestry.
(f)A labor organization.or the employees or members thereof will not aid,abet.incite.compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt.either directly
or indiroctly,to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 1/93
395-53-01-1022
page 1 of 1 pages
EXHIBIT A
LOCAL AGENCY RESOLUTION OR ORDINANCE
TO BE ATTACHED TO EXECUTORY COPIES OF CONTRACT
RESOLUTION OR ORDINANCE MUST CONTAIN THE FOLLOWING:
1. AUTHORITY FOR THOSE SIGNING ON THE LOCAL AGENCY'S BEHALF
TO CONTRACTUALLY BIND THE LOCAL AGENCY.
2. LOCAL AGENCY'S APPROVAL OF THE CONTRACT.
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d71 w�\
REQUEST FOR / AUTHORITY FOR EXPENDITURE PAGE : 1 OF 3
RFA NUMBER 40-000-95 SUBSIDIARY CO: BURLINGTON NORTHERN
BUDGET CLASS: 10 DEPARTMENT OPERATING LINE SEG 0476
ESTIMATE NO : 392 BUSINESS UNIT SIGNAL DEPT BEGIN MP 0074 .500
NO. OF PARTS: 1 ORG NUMBER 40550 END MP 0074.500
MAT. CODE JUN1994 GEO SEGMENT 59 START DATE 950101
BUDGET YEAR 1995 BUDGET ITEM 950CER CMPLTN DATE : 951231
DISCRETION CATEGORY N
OBJECTIVE CATEGORY R REFUND DEP 0
AGREEMENT REFERENCE N/A LVR ($) : 0
SHORT DESCRIPTION INST FG/PMD2
LOCATION (CITY,STATE) : FT. COLLINS CO. TO FT. COLLINS CO.
DESCRIPTION, REASON AND NECESSITY OF ACTION:
INSTALL FLASHING LIGHTS WITH GATES AND MOTION SENSING DEVICE
FOR PROPOSED NEW CROSSING AT WILLOW STREET,APPROXIMATE MP 74 . 50.
LS-476, DOT# NOT ASSIGNED, IN FT.COLLINS, LARIMER COUNTY, COLORADO.
'CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK
ON BURLINGTON NORTHERN RAILROAD" .
DESCRIBE ECONOMIC RISKS AND POSSIBLE ALTERNATIVE COURSES OF ACTION :
STATEMENT OF BENEFITS AND ANALYSIS
IRR(%) 000.000 NPV($) 0 SUPPORT ATTACHED(F/NF/NA) : N
PAYBACK YRS 00.0 PI 000.000
APPROVALS (SIGNATURE AND TITLE) DATE ESTIMATED COSTS ($)
CASH CAPITAL 0
OPERATING EXPENSE 0
REIMBURSABLE 69839
DEPOSIT 0
NON-CASH CAPITAL 0
LEASE 0
REMOVAL COST 0
SALVAGE/SCRAP CRED: 0
ACCT DISTRIBUTION
PROJECT GROSS COST: 69839
CHAIRMAN AND CEO AFE NUMBER 95-0000
ESTIMATE NO. 392 ENGINEERING ESTIMATING SYSTEM PAGE 2 OF 3
RFA NO 40-000-95 DETAILS FOR PART # I USERID: 8439313
AFE NUMBER 95-0000 TIME 17:18
PLAN ITEM NO. : NOT FOUND DATE 03/16/95
PART DESCRIPTION : WILLOW ST, DOT# UNKNOWN
STATION FROM FT.COLLINS, CO BEGIN MILEPOST 0074 .500
STATION TO FT.COLLINS, CO END MILEPOST 0074 .500
CASH NON-CASH REMOVAL GROSS
DESCRIPTION TOTAL TOTAL TOTAL TOTAL
. . .ACCT 709-ACCRUED ACCOUNTS RECEIVABLE/CONSTRUCTION EXPENDITURES-REIMBURSABLE
SIGNALS & INTERLOCK
1 PK2. 6XG BUNGALOW, BASE MATERIAL 12325 0 0
1 PK9. PMD-II, SINGLE TRACK 8638 0 0
1 PK14, 2 GATE SIGNALS (W/ FL LIGH 13347 0 0
1 PK28, ELECTRICAL PKG FOR FHPM PRO 1500 0 0
1 SIGNAL MATERIAL 800 0 0
ELECTRICAL LABOR 1000 0 0
FIELD LABOR PK2 ( 16.0 DAYS) 2000 0 0
FIELD LABOR PK9 ( 1 .8 DAYS) 225 0 0
INSTALL FILL DIRT ( 3 .0 DAYS) 375 0 0
INSTALL GATES (2) ( 30.6 DAYS) 3825 0 0
SHOP LABOR PK2 ( 7 .4 DAYS) 925 0 0
SHOP LABOR PK9 ( 1 .8 DAYS) 225 0 0
CONTRACT COMM. POWER/FLAGGING 6000 0 0
SIGNALS & INTERLOCK TOTAL 51186 0 0 51186
PROJECT OVERHEADS/SURCHARGES
ENGINEERING 1372
PREPARATION OF BILLS 257
FREIGHT ON MATERIAL 633
MATERIAL HANDLING 2855
ENGINEERING OVERHEAD 914
ACCOUNTING OVERHEAD 139
SIGNAL LABOR OVERHEAD 4741
EQUIPMENT RENTAL 2058
LIABILITY INSURANCE PREMIUM 1157
BUSINESS EXPENSE 2572
CONTINGENCIES 857
PROJ OVERHEAD/SURCHARGE TOTAL 17555 0 0 17555
ESTIMATE NO. : 392 ENGINEERING ESTIMATING SYSTEM PAGE 3 OF 3
DETAILS FOR PART # 1
CASH NON-CASH REMOVAL GROSS
DESCRIPTION TOTAL TOTAL TOTAL TOTAL
. . .ACCT 709-ACCRUED ACCOUNTS RECEIVABLE/CONSTRUCTION EXPENDITURES-REIMBURSABLE
STATE & LOCAL TAXES (ACCT.761) 1098
PROJECT TOTAL GROSS COST 69839
LESS COST OF STATE MONIES (100.0%) 69839
TOTAL COST OF BURLINGTON NORTHERN ( 0.0%) 0
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ESTIMATED FF.UJECT COST a91J
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ALIAGE 113USEABLE HATERIAL CREDIT
EECCLLECTIPLE LESS CREDITS
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-=�i
REQUEST FOR ! AUTHORITY FOR EXPENDITURE LA ` PAGE : 1 OF 6
RFA NUMBER 62-044- 95 SUBSIDIARY CO : BURLINGTON NORTHERN
BUDGET CLASS : 6 DEFARTME14T OPERATING LINE SEG : 0481
ESTIMATE NO : 5 BUSINESS UNIT DENVER BEGIN MP : 0074 . 340
1.10 . OF PARTS : 1 ORG 14UMBER 44400 END MP : 0074 . 600
MAT . CODE JUN1994 GEO SEGME14T 63 START DATE : 950101
BUDGET YEAR 1995 BUDGET ITEM 950625 CMPLTN DATE : 951231
DISCRETION CATEGORY N
OBJECTIVE CATEGORY R REFUND DEP i0093
AGREEMENT REFERENCE N/A LVR
SHORT DESCRIPTION REMOVE TRK LS 481
LOCATION ( CITY ,STATE) : FT COLLINS CO .
DESCRIPTION , REASON AND NECESSITY OF ACTION:
REMOVE 1 , 350 TF OF GREELEY BRANCH MAINLINE TRACK , LS 481 , FT . COLLINS ,
COLORA.DO .
THIS IS PART OF PROJECT TO ELIMI14ATE ROAD CROSSINGS AND RR DIAMOND
CROSSINGS IN THE CITY OF FT . COLLINS . NEW MAINLINE TRANSFER TRACK
CONNECTION TO UPRR PROVIDED FOR I14 RFA 62- 043- 95 .
DESCRIBE ECONOMIC RISKS AND POSSIBLE ALTERNATIVE COURSES OF ACTION :
STATEME14T OF BENEFITS AND ANALYSIS
IRR (% o 000 . 000 NPVC $ i 0 SUPPORT ATTACHED ( F-11F. NA : 1.1
PAYBACK YRS 00 . 0 PI 000 . 000
APPROVALS ( SIGNATURE AND TITLE ( DATE ESTIMATED COSTS i $
CASH CAPITAL 0
OPERATING EXPENSE 0
REIMBURSABLE 99-'
DEPOSIT 3
NON—CASH CAPITAL 0
LEASE 0
REMOVAL COST 0
SALVAGE/SCRAP CRED : 0
ACCT DISTRIBUTION
PROJECT GROSS COST : 9938
CHAIRMAN AND CEO AFE NUMBER 95-0000
PAGE Z OF 6
ENGINEERING ESTIMATING SYSTEM AUTHOR : TSX981
PART HEADER
ESTIMATE NO . : 5 RFA NO 62- 044- 95 AFE NO 95- 0000
PART NUMBER : 1 BUDGT CLASS 6 PLAN ITEM NO . : NOT FOUND
PART DESCRIPTION TRACK REMOVAL
REPORTING RESBU NUMBER 44485
SUPERVISOR NAME i PHONE NUMBER RENNER R M 303- 48Z- 586
LINE SEGMENT 0481 TRACK TYPE S
STATION FROM FT COLLINS , CO STATION TO
BEGIN MILEPOST 0074 . 340 END MILEPOST 0074 . 600
PART START DATE 00101 PART COMPLETE DATE : 951 31
ACCT . ?EZ tYiN ) N
rOINT FACILIT'i id AGREEMENT REFERENCE
COMMENTS ASSETS TRANSFER INFORMATION :
PAGE 3 OF 6
ESTIMATE NO . : 5 USERID : TSX981
RFA NUMBER : 62-044- 95 TIME 09 : 30
AFE NUMBER. : 95-0000 DATE 03/17/95
ENGINEERING ESTIMATING SYSTEM AUTHOR : TSX981
DETAILS FOR PART # 1
NON-CASH
DESCRIPTION CAPITAL CAPITAL OPERATING TOTAL
i * *ACCT 709-ACCRUED ACCOUNTS RECEIVABLEICONSTRUCTION E''APENDITURES -REIMBURSABLE
REMOVAL COSTS
REMOVE/ LOAD TRK 6400
REMOVAL COSTS TOTAL 0 0 6400
PROJECT OVERHEADS/SURCHARGES
M . O . W . OVERHEAD 3538
PROD OVERHEAD /SURCHARGE TOTAL 3538 C, 3538
PROJECT TOTAL GROSS COST 993
LESS COST OF CITY OF FT COLLIh;c 3c
TOTAL COST OF BURLINGTON 1115RTHERN 0 . 0'6
PAGE 4 OF 6
ESTIMATE NO . : 5 USEP.ID : TSX981
RFA 14UMBER : 62- 044- 95 TIME : 09 : 30
AFE NUMBER : 95-0000 DATE : 03/17/95
E14GI14EERING ESTIMATING SYSTEM AUTHOR : TSX981
REMOVAL AND LVR INFORMATION
SALVAGE%'SCRAP MATERIALS LIST FOR PART # 1
DESCRIPTION SALV WGT RTY UNIT VALUE
TOTAL SALVAGE/SCRAP `•VALUE FOR PART # 1 0
TOTAL ACCUMULATED SALVAGE/SCRAP VALUE FOR ESIMATE # 5 0
PACE 5 OF 6
ESTIMATE NO . : 5 USERID : TSX981
RFA NUMBER . GZ- 044- 95 TIME : 09 : 30
AFE NUMBER : 95- 0000 DATE : 03/17/95
ENGINEERING ESTIMATING SYSTEM AUTHOR : TSX981
REMOVAL AND LVR INFORMATION
LEDGER VALUE RETIREMENT - RATABLE ! INCLUDES LABOR AND ENGR COST
CREDIT TO DESCRIPTION ES' IMATED VALUE
TOTAL 0
CHARGE ACCOUNT 735 ACCUMULATED DEPRECIATION
0
PAGE 6 OF 6
ESTIMATE NO . : 5 USERID : TSX981
RFA NUMBER : 62-044- 95 TIME : 09 : 30
AFE NUMBER . 95- 0000 DATE . 03i17; 95
ENGINEERING ESTIMATING SYSTEM AUTHOR : TSX981
ACCOUNTING SUMMARY
ACCOUNTING SUMMARY FOR ESTIMATING PART 4 1 PLAN ITEM NBR NOT FOUND
CAPITAL OPERATING ACCT 709 ACCT 763 TOTALS
GROSS LABOR 0 0 6400 0 6400
GROSS LABOR ADDITIVES 0 O 3538 0 3538
GROSS MATERIAL 0 0 0 0 0
GROSS MATL ADDITIVES 0 0 0 0 0
GROSS OTHER COSTS 0 0 n 0 0
GROSS NON-CASH CAPITAL 0 _ 0 0 0
GROSS REMOVAL LABOR 0 0 0 0
GROSS RMV ADDITIVES 0 C. 0
GROSS REMOVAL OTHER 0 ^ 0 0 0
GROSS SALV, SCRAP CR 0 0 0 0
TOTAL 0 0 9938 °3E
ACCOUNTING SUMMARY F )R P.FA
PART i = Lc• D48 ': , N . F . 74 . 340 4 . ._ 0
? ,W.i,� - - L ACCT 709 .T
CAPITAL .. ...:_ T
... . .. __ . . .. .. .-.
GROSS LABOR 6400 rY00
GROSS LABOR ADDITIVES 0 3538
GROSS MATERIAL 0 0 0 J
GROSS MATL ADDITIVES 0 11 - 0
GROSS OTHER COSTS 0 0 0 0
GROSS NON- CASH CAPITAL 0 0 0 0
GROSS REMOVAL LABOR 0 0 C 0 0
GROSS RMV ADDITIVES 0 0 0 O 0
GROSS REMOVAL OTHER 0 0 0 0
GROSS SALV;'Sr_P.AP CR 0 0 0 0
TOTAL 0 9938 0 0938
REQUEST FOR / AUTHORITY FOR EXPENDITURE PAGE: 1 OF 4
RFA NUMBER 62-079- 95 SUBSIDIARY CO : BURLINGTON NORTHERN
BUDGET CLASS : 6 DEPARTMENT OPERATING LINE SEG 0476
ESTIMATE NO : 52 BUSINESS UNIT DENVER BEGIN MP 0074. 400
NO . OF PARTS: 1 ORG NUMBER 44400 END MP 0074.400
MAT . CODE : JUN1995 CEO SEGMENT 0 START DATE 950101
BUDGET YEAR : 1995 BUDGET ITEM CMPLTN DATE: 951231
DISCRETION CATEGORY N
OBJECTIVE CATEGORY R REFUND DEP : 0
AGREEMENT REFERENCE N/A LVR (S) : 0
SHORT ❑ESCRIPTION 72 ' CONCRETE CROSSING
LOCATION (CITY ,STATE) : FT. COLLINS CO.
DESCRIPTION , REASON AND NECESSITY OF ACTION:
INSTALL 72 ' OMNI IMPROVED CONCRETE CROSSING ON PROPOSED TRANSFER
TRACK TO UPRR , MP 74 . 40 , LINE SEGMENT 476 , FT. COLLINS , COLORADO .
ALL WORK BY BN FORCES AT 100% STATE OF COLORADO AND CITY OF FT . COLLINS
EXPENSE , BASED ON FHPM ADDITIVES .
DESCRIBE ECONOMIC RISKS AND POSSIBLE ALTERNATIVE COURSES OF ACTION:
STATEMENT OF BENEFITS AND ANALYSIS
IRR(X) 000 . 000 NPV(S ) : 0 SUPPORT ATTACHED ( F/NF/NA) : N
PAYBACK YRS 00 . 0 PI : 000 . 000
APPROVALS (SIGNATURE AND TITLE) DATE ESTIMATED COSTS (S )
CASH CAPITAL 0
OPERATING EXPENSE 0
REIMBURSABLE 16633
DEPOSIT 0
NON-CASH CAPITAL 0
LEASE 0
REMOVAL COST 0
SALVAGE/SCRAP CRED: 0
ACCT DISTRIBUTION
PROJECT CROSS COST: 16633
CHAIRMAN AND CEO AFE NUMBER 95-0000
PACE 2 OF 4
ENGINEERING ESTIMATING SYSTEM AUTHOR: B801830
PART HEADER
ESTIMATE NO . : 52 RFA NO 62-079- 95 AFE NO 95-0000
PART NUMBER : 1 BUDGT CLASS 6 PLAN ITEM NO. : NOT FOUND
PART DESCRIPTION 72 ' CONCRETE CROSSING
REPORTING RESBU NUMBER 44485
SUPERVISOR NAME / PHONE NUMBER MUNIZ EUGENE / 970-482-5867
LINE SEGMENT : 0476 TRACK TYPE S
STATION FROM : FT COLLINS , CO STATION TO
BEGIN MILEPOST : 0074. 400 END MILEPOST : 0074 . 400
PART START DATE : 950101 PART COMPLETE DATE: 951231
ACCT . 782 (YIN) N
JOINT FACILITY N AGREEMENT REFERENCE
COMMENTS / ASSETS TRANSFER INFORMATION:
INSTALL 72 ' OMNI IMPROVED CONCRETE CROSSING .
PAGE 3 OF 4
ESTIMATE NO. : 52 USERID: B801830
RFA NUMBER 62-079- 95 TIME 16 : 05
AFE NUMBER 95-0000 DATE 12/07/95
ENGINEERING ESTIMATING SYSTEM AUTHOR: B801830
DETAILS FOR PART x 1
NON-CASH
DESCRIPTION CAPITAL CAPITAL OPERATING TOTAL
•• •ACCT 709-ACCRUED ACCOUNTS RECEIVABLE/CONSTRUCTION EXPENDITURES-REIMBURSABLE
PUBLIC IMPROVEMENTS
1 72 LF OMNI IMPROVED CONCRETE 10800 0 0
CROSSING W/END RESTRAINTS
& END DEFLECTORS
LABOR PLACE CROSSING 1950 0 0
PUBLIC IMPROVEMENTS TOTAL 12750 0 0 12750
PROJECT OVERHEADS/SURCHARGES
ENGINEERING 78
CONSTRUCTION ENGINEERING 97
PREPARATION OF BILLS 58
MATERIAL HANDLING 842
TRANSPORTATION RATE 540
ENGINEERING OVERHEAD 116
ACCOUNTING OVERHEAD 31
M .O. W. OVERHEAD 1078
EQUIPMENT RENTAL 585
LIABILITY INSURANCE PREMIUM 263
CONTINGENCIES 195
PROJ OVERHEAD/SURCHARGE TOTAL 3883 0 0 3883
PROJECT TOTAL GROSS COST 16633
LESS COST OF STATE/COLO CITY/FT . COLLIN ( 100 . 0%) 16633
TOTAL COST OF BURLINGTON NORTHERN ( 0 . 0%) 0
PAGE 4 OF 4
ESTIMATE NO. : 52 USERID: B801830
RFA NUMBER 6 2-0 7 9- 9 5 TIME 16 : 05
AFE NUMBER 95-0000 DATE 12/07/95
ENGINEERING ESTIMATING SYSTEM AUTHOR: B801830
ACCOUNTING SUMMARY
ACCOUNTING SUMMARY FOR ESTIMATING PART s 1 PLAN ITEM NBR NOT FOUND
CAPITAL OPERATING ACCT 709 ACCT 763 TOTALS
GROSS LABOR 0 0 2183 0 2183
GROSS LABOR ADDITIVES 0 0 1225 0 1225
GROSS MATERIAL 0 0 10800 0 10800
GROSS MATL ADDITIVES 0 0 1382 0 1382
GROSS OTHER COSTS 0 0 1043 0 1043
GROSS NON-CASH CAPITAL 0 0 0 0 0
GROSS REMOVAL LABOR 0 0 0 0 0
GROSS RMV ADDITIVES 0 0 0 0 0
GROSS REMOVAL OTHER 0 0 0 0 0
GROSS SALV/SCRAP CR 0 0 0 0 0
TOTAL 0 0 16633 0 16633
ACCOUNTING SUMMARY FOR RFA
PART 1 = LS O476 . M . P. 74 . 400 - 74 . 400
CAPITAL OPERATING ACCT 709 ACCT 763 TOTALS
GROSS LABOR 0 0 2183 0 218.3
GROSS LABOR ADDITIVES 0 0 1225 0 1225
GROSS MATERIAL 0 0 10800 0 10800
GROSS MATL ADDITIVES 0 0 1382 0 1382
GROSS OTHER COSTS 0 0 1043 0 1043
GROSS NON-CASH CAPITAL 0 0 0 0 0
GROSS REMOVAL LABOR 0 0 0 0 0
GROSS RMV ADDITIVES 0 0 0 0 0
GROSS REMOVAL OTHER 0 0 0 0 0
GROSS SALV/SCRAP CR 0 0 0 0 0
TOTAL 0 0 16633 0 16633
EXHIBIT D-1
CITY OF FORT COLLINS
COST ESTIMATE
for
TRAFFIC OPERATION MODIFICATIONS
Phase II-Railroad Consolidation Project
College & Cherry Intersection -BNRR& UPRR
ITEM ___ QUANTITY UNIT COST TOTAL
Remove Engineer Signals 2 EA. 500 1,000
Replace Loop Detector 1 L.S. 3,000 3,000
Traffic Striping 1 L.S. 1,000 1,000
TOTAL $5,000
EXHIBIT D-2
CITY OF FORT COLLINS
COST ESTIMATE
for
TRAFFIC CONTROL
Phase II - Railroad Consolidation Project
College/Cherry_Intersection - BNRR & UP.RR
To replace the UPRR crossing in the College/Cherry Intersection will take three weeks. The first
week the east side of College Avenue will be closed for five days (M-F) and the traffic rerouted on
the west side with one lane in each direction. North bound trucks will be detoured around the site
on Lemay Avenue and Vine Drive. The second week the west side of College Avenue will be closed
for 5 days (M-F) and the traffic rerouted to the east side with one lane in each direction. North
bound trucks will again be detoured around the site on Lemay Avenue and Vine Drive. The third
week Cherry Street will be closed completely to allow the entire crossing to be replaced at one time.
College Avenue - Traffic Control Signs 10 Days @ $1,000/day $10,000
Delivery, Setup, Pickup, Special Signs, etc. 2,000
Cherry Street - Traffic Control Signs 5 Days @ $500/day 2,500
Delivery, Setup, Pickup, Special Signs, etc. 1,55l0
$16,000
Willow Street - BNRR
To install the crossing signals and the crossing material Willow Street will be closed for two weeks.
Willow Street - Traffic Control Signs 5 Days @ $300/day 3,000
Delivery, Setup, Pickup, Special Signs, etc. 1.000
$4,000
EXHIBIT D-3
CITY OF FORT COLLINS
COST ESTIMATE
for
STREET REPAIRS
Phase II - Railroad Consolidation Project
College & Cherry Intersection - BNRR& UPRR
LTEM—_ -- QUANTITY 1NIt.__T COST -TOTAL
Remove and Replace Curb and Gutter 150 L.F. $20.00 $1,717
Remove and Replace Sidewalk 100 S.F. 5.00 400
Remove and Replace Asphalt Pavement 950 S.Y. 24.00 18,250
Asphalt Overlay 1,010 S.Y. 4.00 4,040
Saw Cut Pavement 1,000 L.F. 3.00 3,000
Replace Inlet 1 L.S. 3,000.00 3,000
TOTAL $42,040
SAY 545,000
Mason & Cherry Intersection - BNRR
ITEM _ ___ _ QUANTITY UNIT-COST TOTAL
Remove and Replace Curb and Gutter 90 L.F. $20.00 $1,530
Remove and Replace Sidewalk 225 S.F. 5.00 900
Remove and Replace Asphalt Pavement 233 S.Y. 30.00 5,592
Saw Cut Pavement 280 L.F. 3.00 840
TOTAL $10,755
SAY 512,000
Willow Street - BNRR
ITEM_____ Ql JAANTiTY UNIT COST _TOTAL
Remove Asphalt Pavement 1 L.S. $2,000.00 $2,000
Remove and Replace Sidewalk 1,200 S.F. 3.50 4,200
Asphalt Pavement- 6" 530 S.Y. 15.00 7,950
Curb and Gutter 300 L.F. 18.00 5,400
TOTAL $19,550
SAY $20,000
EXHIBIT D-4
CITY OF FORT COLLINS
COST ESTIMATE
for
ENGINEERING SERVICES
Phase II - Railroad Consolidation Project
ITEM__— QUAhlTiTY UNIT COST TOTAL
Design & PUC Applications 120 HRS. $40.00 $4,800
Plan Preparation 120 HRS. 40.00 $4,800
Surveying Crew 16 HRS. 75.00 1,200
Construction Management 240 HRS. 40.00 9,600
TOTAL $20,400
SAY $20,000
EXHIBIT E
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a)of the
Federal Aid Highway Act of 1973, the Contractor,for itself, its assignees and successors in interest,
agree as follows:
A. Compliance with Regulations.ations. The Contractor will comply with the Regulations of the
Department of Transportation relative to nondiscrimination in Federally-assisted programs of the
Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to
as the "Regulations"), which are herein incorporated by reference and made a part of this contract.
B. Nondiscrimination. The Contractor, with regard to the work performed by it after award
and prior to completion of the contract work, will not discriminate on the ground of race, color, sex,
mental or physical handicap or national origin in the selection and retention of Subcontractors,
including procurement of materials and leases of equipment. The Contractor will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix C of the Regulations.
C. Solicitations for Subcontracts. Including Procurement of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurement of materials or equipment,each potential
Subcontractor or supplier shall be notified by the Contractor of the Contractors' obligations under this
contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or
physical handicap or national origin.
D. Information and Reports. The Contractor will provide all information and reports
required by the Regulations,or orders and instructions issued pursuant thereto,and will permit access
to its books, records, accounts, other sources of information, and its facilities as may be determined by
the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish this information,the Contractor shall so certify to the State, or
the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the
FHWA may determine to be appropriate, including, but not limited to:
(1) Withholding of payments to the Contractor under the contract
until the Contractor complies, and/or;
(2) Cancellation,termination or suspension of the contract, in
whole or in part.
F. Incorporation of Provisions. The Contractor will include the provisions of Paragraphs A
through F in every subcontract, including procurement of materials and leases of equipment, unless
exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take
such action with respect to any subcontract or procurement as the State or the FHWA may direct as a
means of enforcing such provisions including sanctions for noncompliance;provided, however,that, in
the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or
supplier as a result of such direction, the Contractor may request the State to enter into such litigation
to protect the interests of the State and, in addition, the Contractor may request the FHWA to enter
into such litigation to protect the interests of the United States.
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Center for Pnmrement&Contract Services OlT
4201 East Arkansas Ave.,West Annex �E
Denver,Colorado 80222.3400
(303)757-9354
September 6, 1995
Mr. R. H. (Dick) Rauschmeier
Manager Industry and Public Projects
Union Pacific Railroad
406 W. 1st So.
Salt Lake City, UT 84101
Dear Mr. Rauschmeier:
This letter authorizes the Union Pacific Railroad to order the materials required for CDOT Project
No. SRP M455-023, 10988. Willo%% Street in Fort Collins, Colorado, Phase II Fort Collins
Consolidation, National Inventory Crossing ID No.244-856F, as will be specifically described in an
Exhibit of the upcoming contract, subject to the following conditions:
a) the authorization is for the maximum amount of$89,784,
crossing at College Avenue(S.H. 287), and only for material
ordered after the date of this notice; and
b) the maximum amount shall not be exceeded without first obtaining
further authorization. in writing, from the State; and
c) reimbursement by the State to the Railroad Company for the
actual cost of the materials is contingent upon the execution
of a contract providing for such payment.
Under section 7-101.06 of the State's Procurement Code, 1CCR 101.9 (4/87), the ordering of
materials that are essential "pre-contract costs" can be authorized prior to the execution of the
contract for the project, subject to the above conditions.
The State considers the ordering of the above materials to be an essential pre-contract cost under
§7-101.06, since the cost is incurred directly pursuant to and in anticipation of the award of the
proposed contract, and because of the time required between the ordering and the delivery of such
materials. If the materials are ordered now they will be available by the time the contract is
executed.
September 5, 1995 SRP M455-023
Page 2
This authorization is pursuant to 23 C.F.R.,Part 646, Subpart B. Further,eligible costs include only
those actual incurred costs, as provided in 23 C.F.R., Part 140, Subpart I.
This authorization is for the ordering of materials only and is not for the actual performance
of the project installation work. The date of this authorization is shown above. Any materials
ordered before that date, or in excess of the amount authorized, will not be eligible for
reimbursement by the State.
If you have any questions, please contact Dana Johnson at (303) 757-9353.
Sincerely,
V
Aames E. Siebelsef Engineer
Director of Engineering,Design&Construction
Colorado Department of Transportation
cc: Loose/Frederick, R-4
George Osborne, FHWA
Bob Marusin, P&CS
Pam Thompson, OFMB
Hal Johnson, St. Design
Shirley Johnson, Projects & Grants
Central Files
File
ire & Sia�J�
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION T
Center for Procurement&Contract Services r Ol
4201 East Arkansas Ave.,West Annex
Denver,Colorado 80222-3400
(303)757-9354
September 5, 1995
Mr. Walter J. DeWaele
Coordinator Public Programs
Burlington Northern Railroad Company
373 Inverness Drive South
Englewood, CO 80112-5816
Dear Mr. DeWaele:
This letter authorizes the Burlington Northern Railroad to order the materials required for CDOT
Project No. SRP M455-023, 10988, Willow Street in Fort Collins, Colorado, Phase II Fort Collins
Consolidation,National Inventory Crossing ID No.244-856F,as will be specifically described in an
Exhibit of the upcoming contract, subject to the following conditions:
a) the authorization is for the maximum amount of$40,098,
Willow Street safety improvement devices, and only for material
ordered after the date of this notice; and
b) the maximum amount shall not be exceeded without first obtaining
further authorization, in writing, from the State; and
c) reimbursement by the State to the Railroad Company for the
actual cost of the materials is contingent upon the execution
of a contract providing for such payment.
Under section 7-101.06 of the State's Procurement Code, 1CCR 101.9 (4/87), the ordering of
materials that are essential "pre-contract costs" can be authorized prior to the execution of the
contract for the project, subject to the above conditions.
The State considers the ordering of the above materials to be an essential pre-contract cost under
§7-101.06, since the cost is incurred directly pursuant to and in anticipation of the award of the
proposed contract, and because of the time required between the ordering and the delivery of such
materials. If the materials are ordered now they will be available by the time the contract is
executed.
This authorization is pursuant to 23 C.F.R., Part 646,Subpart B. Further,eligible costs include only
those actual incurred costs, as provided in 23 C.F.R., Part 140, Subpart 1.
September 5, 1995 SRP M455-023
Page 2
This authorization is for the ordering of materials only and is not for the actual performance
of the project installation work. The date of this authorization is shown above. Any materials
ordered before that date, or in excess of the amount authorized, will not be eligible for
reimbursement by the State.
If you have any questions, please contact Dana Johnson at(303) 757-9353.
Sincerely,
,11 James E. Siebels
Chief Engineer
Director of Engineering,Design&Construction
Colorado Department of Transportation
cc: Loose/Frederick, R-4
George Osborne, FHWA
Bob Marusin, P&CS
Pam Thompson, OFMB
Hal Johnson, St. Design
Shirley Johnson, Projects & Grants
Central Files
File