HomeMy WebLinkAbout103394 UNION PACIFIC RAILROAD - CONTRACT - CONTRACT - DOWNTOWN RR XING CONSOLIDATION 12128STA M455-046, 12690
Lincoln Ave. and Linden St.
Phase III, Fort Collins Consolidation, UPRR
CONTRACT
THIS CONTRACT, made this = day of , Js,a� 200D by and
between the State of Colorado for the use and benefit of THE STATE DEPARTMENT
OF TRANSPORTATION, DIVISION OF ENGINEERING AND MAINTENANCE,
hereinafter referred to as the State, the CITY OF FORT COLLINS, hereinafter referred to
as the Local Agency, and UNION PACIFIC RAILROAD COMPANY, hereinafter
referred to as Union Pacific or Railroad Company.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated
and otherwise made available and a sufficient unencumbered balance thereof remains
available for payment in Program 2000, Fund Number 400, Appropriation Code 010,
Function 3987, Object 2311 1 P, Phase U, Originating Unit 9991, Reporting Category 4310,
Contract Encumbrance Number 12690, Contract Encumbrance Amount $500,000; and
WHEREAS, requir6d 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, CRS, as amended, by both the State and the Local Agency under authority of Sections
29-1-203 and 43-2-144, CRS, 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, it is desirable, for the benefit, convenience and safety of the public using
the state highway system and for the parties hereto, that the improvements provided by this
contract be accomplished; and
WHEREAS, the proposed improvements provided for herein are located in the City
of Fort Collins, at Lincoln Ave. and the Railroad Company's track, National Inventory
Crossing ID No. 906-295A, and at Linden St. and the Railroad Company's track, National
Inventory Crossing ID No. 906-296G, at Railroad Company mileposts 31.19-32.09
respectively; and
WHEREAS, the Railroad Company will shift and relocate track, and install concrete
crossing surfaces, all at Lincoln Ave. and at Linden St.; and
WHEREAS, the State has allocated a limited amount of State funds under the
State's project number STA M455-046, 12690; and
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I .lads 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. FmmA*l obligations of the State of Colorado payable after the current fiscal year we contingent upon fonds for that purpose being appropriated, budgeted,
and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of mom dart fifty thousand dollars for the construction, erection, repair, maintenance, of improvement of any building,
toad, bridge, viaduct, t-neL 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 sip the contract, a good and sufficient bond or other acceptable surly to be approved
by said official in a point sum not less am one half of the total anent payable by the terms of this contract. Such bond shall be duly executed by a qualified
corporate surdy conditioned upon the faithful performance of the emitted and in addition, shall provide that if the contractor or his subcontractors fail to duly
pay for any labor. materials, team him sustenance, provisions, provender 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 `
anetywill pry the same in an amount not exoxdiog the sum specified in the bond, together with interest at the rate of eight per cent per a -um. Unless such
bond is executed, delivered and filed, no claim in favor of the contractor arising under such contrut shall be audited, allowed or paid. A certified or cashiers
check 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 CBS
3&7b-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 count awards including costs, exposes, and attorney fees marred as a result of my act or omission by the contractor, or its employees
agents, subcontractors, or assignors pursuant to the toms of this conned
DISCREWMTION AND AFFIRMATIVE ACTION
S. The contractor agrees to comply with the letter and spirit of the Colorado Anddisaimioation Act of 1957, as amended, and other applicable law respecting
discrimination. and -fair employment practices (CRS 24-34402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April
16. 1975. Prasuarl thereto, she followingprovirlorr shall be corrdred in all Slate eontrum or rub-eoraadr.
the performance of this comsat, the connector agrees as follows
(a) The contractor will not discriminate against any employee or applicant for employment because of race, aced, cola, national origin, sex, marital stars,
religion ancestry, moral or physical handicap, or age. The connector will hke affirmative action to msuum that applicants we employed, and that employees
are treated during employment, without regard to the above mentioned chaaocistits Such action shall mcirde6 but not be Imand to the following: employment
opgradin& demotion, or transfer, recruitment or recruitment advertising:; layoffs or brium lions. rates of pay or other forms of compensation, and sdccdm
for miming, including apprenticeship. The contractor agents to post in do spioate places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employ= placed by or on behalf of the connector, state that all qualified applicants will receive
consideration for employment without regard to race, aced, color, national origin, sex, marital Stan-, religion, ancestry, renal or physical handicap. or age.
(c) The contractor will send to each labor union or repraen sure: of wakens with which he has a collative bargaining agreement or other Owned or
understanding, notice to be provided by the contracting officer, advising the labor union or wakes' representative of the wismadoes commitment under the
Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the roles, regulations, and relevant Orders of the Governor•
(d) The contractor slid labor unions will famish all information and reports requited 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 aocoums by the
connecting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules regulations and orders.
(a) A labor organiation will not exclude any individual otherwise qualified from full membaship rights in such lebor organization, or expel any such individual
from membership in such labor orgmiatiom or discriminateagainst any of is numbers in the full enjoyment of work opportunity because of nx, aced, ocoloro
sex, national origin, or ancestry.
(i) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defied in this contract to be
disanmiauory or obstruct or prevent any pawn from complying with the p evonoms of this contract or any order issued thereunder, or attempt, either directly
or indirertly. to commit any act defuned'i this contract to be discriminatory.
(g) In the event of the contractor's non-compliance with the nomdisaiminstion clauses of this contract or with any of such tides, regulations or orders, this
embed may be canceled, terminated or suspended in whole or in par and the cnmtnctor'may be declared ineligible for further State oomtrses in txeotds mot '.
with ptoadies, authorized in Executive Order. Fspal Opportunity and Affirmative Action of April 16, 1975 and the rules, rt gus anions, or orders promulgated
Fa 64%00211(GENm60I" ReAndOMIM7 Page 1 of 2 pall"
H8 LL a
ORDINANCE NO. 127, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE
CAPITAL PROJECTS FUND DOWNTOWN RAILROAD TRACK CONSOLIDATION
CAPITAL PROJECT TO BE USED FOR IMPROVEMENTS ASSOCIATED
WITH PHASE III OF THE RAILROAD CONSOLIDATION PROJECT
WHEREAS, in 1992, the City of Fort Collins, the Burlington Northern Railroad, the Union
Pacific Railroad and the Colorado Department of Transportation partnered to develop a railroad track
consolidation plan which would improve train operations and eliminate a majority of tracks in the
downtown area and reduce delays to motorists, traffic construction, air pollution, and improve the
safety of City streets; and
WHEREAS, since 1992, a total of $1,800,000 has been appropriated for the railroad
consolidation project (the "Project'); and
WHEREAS, the City has been awarded a $500,000 grant from the Colorado Department of
Transportation to be used for design and construction of Phase III of the Project, including
upgrading the crossings, relocating and reconstructing track, and designing and constructing street
improvements related to the crossings at Linden Street and Lincoln Avenue; and
WHEREAS, no City matching funds are required; and
WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins permits the City
Council to make supplemental appropriations by ordinance at any time during the fiscal year,
provided that the total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the then current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, it is the desire of the Council to appropriate the sum of $500,000 in
unanticipated revenue in the Capital Projects Fund Downtown Railroad Track Consolidation project
to be used for the design and construction of Phase III improvements to the railroad tracks and
railroad crossings at Linden Street and Lincoln Avenue.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in the
Capital Projects Fund Downtown Railroad Track Consolidation Project, the sum of FIVE
HUNDRED THOUSAND DOLLARS ($500,000), from a grant from the Colorado Department of
Transportation, to be used for the design and construction of Phase III improvements to the railroad
crossings at Linden Street and Lincoln Avenue.
ORDINANCE NO. 70, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE
CERTAIN INTERGOVERNMENTAL AGREEMENTS
WHEREAS, Article II, Section 16, of the City Charter empowers the Council,
by ordinance or resolution, to enter into contracts with other governmental
bodies to furnish governmental services and make charges for such services, or
enter into cooperative or joint activities with other governmental bodies; and
WHEREAS, Section 29-1-203, C.R.S., also provides that governments may
cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the
approval of its legislative body or other authority having the power to so
approve; and
WHEREAS, certain of the intergovernmental agreements executed by the City
are routine in nature; and
WHEREAS, the City Council considers it to be in the best interests of the
City that the City Manager or his designee should be authorized to execute such
routine agreements without the necessity of Council review and approval on a
case -by -case basis.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the City Manager or his designee is hereby authorized to
execute agreements between the City and other governmental entities when the
proposed agreement:
(1) involves the direct, monetary payment of less than Five
Thousand Dollars ($5,000) consideration by the City and, in
the judgment of the City" Manager, does not entail any
significant policy considerations; or
(2) is in furtherance of a policy, work plan item, project or
agreement which has been specifically approved by the City
Council, and:
(a) the execution of the agreement is required by state or
federal law; or
(b) any direct, monetary payment to be made by the City
under the terms of the agreement does not exceed Fifty
Thousand Dollars ($50,000).
Section 2. That the City Manager shall forthwith notify the Council of the
execution of any agreement under the authority granted in Section 1 above which
entails a City expenditure of more than Twenty-five Thousand Dollars ($25,000).
EXHIBIT
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. The Contractor will comply with the Regulations of the
Department bf 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 part of this contract.
B. Nondiscrimination. The Contractor, with regaled 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 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:
and/or,
(1) Withholding of payments to the Contractor under the contract until the Contractor complies,
(2) Cancellation, termination or suspension of the contract, in whole or in part.
,
No Text
No Text
Contractor's Right of Entry - 07/01/00
Form Approved - AVP Law
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
Folder No.
20_,
by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter referred to as the "Rail-
road"); and
corporation (hereinafter referred to as the "Contractor").
RECITALS:
Contractor has been hired by
perform work relating to
(the "work"), partially located on property of Railroad in the vicinity of
[, which Work is the subject of a Contract dated
Railroad and
a
(hereinafter"
") to
between
Contractor has requested Railroad to permit it to perform the work on Railroad property, and Railroad is agreeable
thereto, subject to the following terms and conditions.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows:
ARTICLE 1 - '- DEFINITION OF CONTRACTOR
For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractor's
contractors, subcontractors, officers, agents and employees, and others acting under its or their authority.
ARTICLE 2 - RIGHT GRANTED: PURPOSE
The Railroad hereby grants to the 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 any work described in the Recitals above. The right herein
granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the
Railroad Representative named in Article 4.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS A AND A-1
The terms and conditions contained in Exhibits A and A-1, attached hereto, are hereby made a part of this agreement.
CATBAP ooxaaors NOW or rroy-.wax
Contractor's Right of Entry - 07/01/00 Folder No.
Form Approved - AVP Law
ARTICLE 9 - ADMINISTRATIVE FEE
Contractor shall pay to Railroad Dollars ($ ) as reimbursement
for clerical, administrative and handling expenses in connection with the processing of this agreement.
ARTICLE 10 - SPECIAL PROVISIONS
a). No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage
shall be installed or used by Contractor without the prior written permission of Railroad.
b). Explosives or other highly flammable substances shall not be stored on Railroad property without the prior written
approval of the Railroad Representative.
written.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as of the date first herein
(Name of Contractor)
By:
Title:
UNION PACIFIC RAILROAD COMPANY
Title:
c1713r1CO W eWs NOW of Enby- MAw 3
Contractor's Right of Entry - 07/01/00
Form Approved - AVP Law
Folder No.
No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted use
of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically permitted under this
agreement, or specifically authorized in advance by the Railroad Representative. Nothing shall be done or suffered to be done
by the Contractor at any time that would in any manner impair the safety thereof. When not in use, Contractor's machinery
and materials shall be kept at least 50 feet from the centerline of Railroad's nearest track, and there shall be no vehicular
crossings of Railroad's tracks except at existing open public crossings.
Section 4. MECHANIC'S LIENS.
The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by
Contractor. The Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to
be created or enforced against any property of the Railroad for any such work performed. The Contractor shall indemnify and
hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in
any way connected with or growing out of such work done, labor performed, or materials furnished.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
a. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems
is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue
and profits. Contractor shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time,
Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine
if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. if it is, Contractor will telephone
the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other
protection of the fiber optic cable, and will commence no work on the right of way until all such protection or relocation has been
accomplished.
b. In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify and hold the
Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attomeys' fees,
court costs and expenses) arising out of any act or omission of the Contractor, its contractor, agents and/or employees, that
causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or
(2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor,
agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim
or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a
telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's
property.
Section 6. COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary permits
and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Contractor
shall use only such methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and
employees, the officers, agents, employees and property of the Railroad and the public in general. The Contractor (without
limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts
and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's
property. If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result in any fine,
penalty, cost or charge being assessed, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify
the Railroad for any such fine, penalty, cost, or charge, including without limitation attomeys' fees, court costs and expenses.
The Contractor further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend
such action free of cost, charge, or expense to the Railroad.
Section 7. SAFETY INSTRUCTIONS.
Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the Work
pursuant to this agreement. As reinforcement and in furtherance of overall safety measures to be observed by the Contractor
(and not byway of limitation), the following special safety rules shall be followed:
Exhibit A
Page 2 of 4
caa_ew%Cwftear. RON or E,uy..m.dx
Contractor's Right of Entry - 07/01/00
Form Approved - AVP Law
Folder No.
condition as the same were in before such fence was taken down or such other property was moved or disturbed. The
Contractor shall remove all of Contractor's tools, equipment and materials from Railroad's property promptly upon completion
of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon.
Section 10. WAIVER OF BREACH.
Waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed
and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent
breach thereof.
Section 11. ASSIGNMENT - SUBCONTRACTING.
The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the written
consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the Railroad shall
be void. If the Railroad gives the Contractor permission to subcontract all or any portion of the work herein described, the
Contractor is and shall remain responsible for all work of subcontractors and all work of subcontractors shall be governed by
the terms of this agreement.
Exhlblt A
Page 4 of 4
C.%TEMPC"**Mfs FUQM of E hy-*WA=
5. CRS = Colorado Revised Statutes
6. The term "eligible charges" shall include only those actual incurred costs,
as provided in 23 CM Part 140, which are directly attributable to project
no. STA M455-046, 12690, and which are incurred following written
authorization by the State for the various work functions except as
provided in Article III, Section B.
7. The term "railroad work," as depicted in Exhibit C, shall consist of the
following work performed by Railroad Company force account method
and shall include the following:
Track work construction including shifting and relocating track at Lincoln
Ave. and at Linden St. and installing concrete crossing surfaces at both
locations.
If the Local Agency or the Local Agency's contractor perform work within
25 feet of the centerline of the Railroad Company's track, flagging and
protective services by the Railroad Company are required as provided
herein.
8. The term "project work," as depicted in Exhibit C, shall consist of the
following work performed by the Local Agency or the Local Agency's
contractor:
At both Lincoln Ave. and at Linden St., the south crossings will be
eliminated and the north crossings will be reconstructed and widened to
accommodate a sidewalk on each side of the street, as well as two travel
lanes, two bicycle lanes, a right turn lane, a left turn lane, and a median
will be constructed to protect the center gate post.
SECTION B. EXHIBITS
The exhibits listed below are attached hereto and made a part of this contract:
Exhibit A -
Local Agency Ordinance or Resolution
Exhibit B -
Civil Rights Exhibit
Exhibit C -
Maps showing crossing locations
Exhibit D -
Contractor's Right of Entry Agreement
Exhibit E -
Railroad Company force account estimate
ry
LAHIBI
Location:
Mile Post 32 +l- Ft Collins Branch
Fort Collins, Colorado
Scope of Work
& PRELIMINARY Estimate
Description:
Track Consolidation Proiect - Final Phase
Item Onty. Unit Unit
Cost
En ineed
1
Lot
$40 000
UPRR Forees
s0
Consbuct Track 133M
213
T.F.
98
$20 874
Shin Track -25%Tie Renewal
600
T.F.
19
$11400
Rekrcate No. 101330 RH
1
Ea.
6,450
$6 450
Reklcete No.10133a RHTO 80% be renewal
1
I Ea.
12.0001
$12 000
Mstall Track Elements No. 10 to. 133a
2
Ea.
14,500
$29 000
MS1811 Conaete X-ings 2 -100'
200
T.F.
456
$91 200
InstallX-in Signals - Serate -
1
L.S.
s0
Remove B Refire Nojo t.o.s
2
Ea.
3,500
$7 000
$0
$0
E ui merit Rental
1
L.S.
10000
$10000
$0
$0
Re0re Track -b Contract As is Where is
6194
T.F.
$0
2650
$0
-
$0
$0
0
s0
$0
$0
$0
$0
$0
$0
s0
$0
s0
So
0
s0
Conlin Bodes
10.00%
$18792
SubOdal
s0 1
$246 718
2 650
Esbmadad br.. JEP 07.01,99 rev 10110W
Total
MEXCeMcollins.xls
a2aa,o66
SECTION E. COST ESTIMATES
Prior to execution of this Contract, the Local Agency shall review the Railroad
Company's plan and estimate (Exhibit E) for the railroad work defined in Article I,
Section A, and shall notify the State, in writing, whether the estimate is acceptable as a
basis for reimbursing the Railroad Company for eligible charges. The Local Agency
shall also provide the State with the Local Agency's cost estimate for construction zone
signing, including detouring of traffic if required, pavement marking, and any other work
that the Local Agency will be responsible for in connection with this crossing
improvement. The State will assist in determining these costs if requested by the Local
Agency.
SECTION F. CROSSING IMPROVEMENT WORK
The Local Agency shall coordinate the crossing improvement work and shall
inspect the railroad work performed by Railroad Company 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 Company. In the event that such work is initiated by the
Local Agency prior to issuance of the notice to proceed, the Local Agency shall be solely -
responsible for all costs incurred for work performed prior to such issuance. After receipt
of the notice to proceed from the State, the Railroad Company 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 shown in the plans for the project, and the State can arrange for
administration and inspection. The Local Agency shall also be responsible for the
application of pavement markings as required by MUTCD. The Railroad Company shall
furnish the Local Agency and the State a copy of the completion notice the Railroad
Company furnishes to the PUC.
SECTION G. LOCAL AGENCY ACTIVITIES
1. Plans. Specifications, and Estimate. The Local Agency shall prepare design
plans, specifications and estimate for the project work in accord with the State's Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction. Said plans, specifications and estimate shall govern the installation of the
project work.
The cost estimate shall be of the form prescribed in 23 CFR, Part 646, Subpart B.
Any Local Agency use of an engineering consultant to perform the design, specifications
and estimate must comply with all applicable provisions of 23 CFR 172.
2. Advertisement for Bids - Contract. The Local Agency shall advertise the
invitation for bids and enter into a construction contract with the lowest responsible
bidder for the project work across or adjacent to Union Pacific's property.
a. The provisions of this contract applicable to the protective services Union
Pacific may require during the performance of the project work across or
adjacent to railroad property.
b. A list of the number and the classifications of the Union Pacific's
employees that may be furnished by the Union Pacific during progress of
the project work and the applicable rates of pay of such employees and
other charges that are to be an obligation of the Local Agency's contractor
for reimbursement to the Union Pacific.
C. The times and manner in which the Union Pacific will submit its billings
to the Local Agency.
8. Advance Warning Protection. TheLocal Agency shall require its contractor to
furnish, maintain and install advance wanting signs or barricade protection which maybe
required for the duration of the project work for the protection of the Union Pacific's
facilities and the work contemplated hereunder.
SECTION H. LOCAL AGENCY'S CONSTRUCTION CONTRACTOR ACTIVITIES
1. Contractor's Defaults and Omissions. To the extent authorized by law, the
Local Agency shall require its contractor to correct or eliminate any defaults or omissions
of Local Agency's contractor for all project work performed relative to this contract.
2. Contractor's Operations. In consideration of the premises and of the rights
granted to the Local Agency in Article 11, Section H hereof, the Local Agency hereby
agrees to include in its construction contract provisions which require its contractor to
keep and perform the following covenants, conditions and stipulations:
a. Notice. The Local Agency shall require all contractors to provide to
Railroad Company the notifications that are required in Railroad
Company's Contractor's Right of Entry Agreement.
b. Contractor's Methods and Procedures. Unless methods and procedures are
otherwise provided for in the construction plans and specifications
approved by the Union Pacific and the Local Agency, the Local Agency s
contractor and the Union Pacific shall agree, in advance of the contractor
performing the project work, upon methods and procedures covering all
construction across or adjacent to railroad property and, when required by
the Union Pacific, the contractor shall submit such proposals in writing.
The contractor shall at all times keep covered all pits or openings near or
under tracks, except during the time required for actual operations in
7. Protection of Fiber Optic Cable System. The Local Agency agrees to include
the following provisions in its contract with any contractor performing any project work
on Union Pacific's property:
"Fiber optic cable systems may be buried on the Union Pacific's property.
Protection of the fiber optic cable systems is of extreme importance since any
break could disrupt service to users resulting in business interruption and loss of
revenue and profits. The contractor shall telephone Union Pacific during normal
business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday,
except holidays) at 1-800-336-9193 (also a 24-hour number for emergency calls)
to determine if fiber optic cable is buried anywhere on Union Pacific's premises
within the limits of the project. If it is, the contractor shall telephone the
telecommunications companies involved, arrange for a cable locator and make
arrangements for relocation or other protection of the fiber optic cable prior to
beginning any work on Union Pacific's premises.
8. Subcontractors. The Local Agency shall require its contractor to be and
remain primarily liable and responsible to the Railroad Company for all acts or omissions
of any subcontractor as described in the Contractor's Right of Entry Agreement.
SECTION I. LOCAL AGENCY OBLIGATIONS
1. Obligation to Union Pacific's Tenants. The Union Pacific shall have no
obligation with respect to removing, relocating, or reinstalling the facilities of its lessees
or licensees, required to be removed, relocated or reinstalled incidental to the Local
Agency's construction. The Local Agency shall make all arrangements with the lessees
and/or licensees, which arrangements shall be subject to the approval of the Union
Pacific.
2. Coordination of Work. The Local Agency's City Engineer, P. O. Box 580,
Fort Collins, CO 80522, telephone 970 667-4670, is designated to coordinate the project
work provided for herein.
3. Maintenance. Upon completion of construction of the project work, the Local
Agency shall maintain, repair, renew, and reconstruct, at Local Agency expense, the
project work in accordance with standard maintenance procedures. These maintenance
requirements do not impose upon the Local Agency any responsibility for care or
maintenance of pre-existing drainage not affected by or directly related to the project
work herein described, nor for care or maintenance of the Union Pacific's roadbed,
communication and signal lines, tracks and appurtenances.
SECTION J. PROJECT PAYMENT PROVISIONS
The State shall reimburse the Local Agency for incurred costs relative to the
project following the State's review and approval of such charges, subject to the terms
2. Plans and Estimate. The Railroad Company shall submit a general plan
showing the railroad force account work along with an itemized estimate (Exhibit E) to
the Local Agency and to the State for the proposed railroad work and must receive
approval of such plans and estimate 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 plans and estimate (Exhibit E) when and as approved by the
parties hereto, shall govern the installation of the railroad work.
The cost estimate shall conform to the requirements of 23 CFR, Part 140, Subpart
I, and shall be of the form prescribed in 23 CFR, Part 646, Subpart B. Any Railroad
Company use of an engineering consultant to perform the Exhibit E cost estimate must
comply with all applicable provisions of, and obtain approvals required by paragraph
646.216(b) of 23 CFR
3. Changes in the Railroad Work. No change shall be made in the railroad work
which will increase the cost shown on the estimate (Exhibit E), 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 Company shall be
responsible for cost increases resulting from unauthorized changes in the railroad work.
4. Maintenance. Upon completion of construction of the railroad work, the
Railroad Company shall maintain, at Railroad Company expense, the railroad work.
These maintenance requirements do not impose upon the Railroad Company any
responsibility for care or maintenance of pre-existing drainage not affected by or directly
related to the project work herein described, nor for care or maintenance of the Local
Agency improvements made hereunder.
SECTION C. UNION PACIFIC'S RELATIONS WITH LOCAL AGENCY'S
1. Insurance - Notice to Local Agency. The Local Agency agrees that it shall not
authorize any contractor to enter upon or perform any work contemplated by this contract
across or adjacent to railroad property unless or until the insurance specified in Article II,
Section H, paragraph 3 hereof and in the railroad insurance exhibit, Exhibit D, hereof
shall be delivered to and accepted by Union Pacific; and that said insurance shall be kept
in full force and effect during the times any project work is being performed across or
adjacent to railroad property by any contractor or subcontractor. Union Pacific further
agrees to notify the Local Agency within twenty calendar days following delivery of said
certificates and policies of insurance to Union Pacific, whether said insurance has been
accepted or rejected.
2. Contractor's Methods and Procedures - Notice to Local Agencv. Union Pacific
agrees to advise the Local Agency in writing, within 20 days after submission thereof by
the Contractor or the Local Agency, to Union Pacific whether or not the Contractor's
proposed methods and procedures for performing the project work across or adjacent to
railroad property are satisfactory.
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Final Bills Within One Year of Proiect Completion. Railroad Company shall
provide its final and complete billings of all incurred costs within one year following
completion of the project. The Local Agency shall provide the Railroad Company with
written notice of the completion of work, thus marking the beginning of the one year
period. If Railroad Company does not present the final bill to the Local Agency as
described herein within that one year time period, as required by paragraph 140.922 of 23
CFR, then previous payments to the Railroad Company for the railroad work may be
considered as final and complete reimbursement for that work, and the project may be
closed out with no finther financial obligation.
ARTICLE IV
COMMITMENTS ON THE PART OF THE STATE
SECTION A. PROJECT ADMINISTRATION
1. Approvals by the State. The State, acting in the relative position of the
FHWA, shall be responsible for approving the various work functions relative to this
project. The work functions include, but are not limited to, preliminary engineering,
right-of-way, utility adjustments, railroad work, and work by the Local Agency.
2. Notice to Proceed. The State shall 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 Company prior to the issuance of the Notice to Proceed shall not
be eligible for reimbursement. Such written notice to proceed shall act as a guarantee
from the State that the funding for all work authorized therein is available and is set aside
for the work.
SECTION B. STATE'S SUPPORT SERVICES AND CHARGES
The State shall perform the support services necessary for the approval and
administration of this Contract. These services may be performed in preparation for any
conditions or requirements of this Contract. At the request of the Local Agency, the State
may also provide other assistance under this Contract as agreed in writing. The State will
bill the Local Agency only for the non -participating costs incurred by the State in
performance of this Contract. 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.
ARTICLE V
ADDITIONAL PROVISIONS
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SECTION G. SIGNATURE AUTHORITY
The Union Pacific represents and warrants that it has taken all actions that are
necessary or that are required by its procedures, bylaws, or applicable law, to legally
authorize the undersigned signatory to execute this contract on behalf of the Union
Pacific to its terms.
Page 2 of 2 Signature Pages
Project STA M455-046, 12690
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers the day and year first above written. In order
to expedite contract execution, the parties hereto will execute separate signature pages
and said pages are considered as part of the same document.
ATTEST: CITY OF FORT COLLINS, COLORADO /
By \` By
Title Title
Federal Employer Identification No.
84-6000587
P. O. Box 580, Fort Collins, CO 80522
To .
ag
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Deputy