HomeMy WebLinkAbout466764 UNION PACIFIC RAILROAD COMPANY - CONTRACT - PURCHASE ORDER - 91356964
Public Road Improvements — Colorado Form
Estimated Costs — Billing Based on Actual Costs
Form Approved-AVP Law 051911
IMPROVEMENTS TO EXISTING PUBLIC ROAD AT GRADE CROSSING
FOR WOODLAWN STREET, DOT 804-508A
M.P. 32.52 FORT COLLINS INDUSTRIAL LEAD
FORT COLLINS, COLORADO
THIS AGREEMENT ("Agreement) is executed in duplicate this day of , 2013, by and
between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"), and CITY
OF fort Collins, a municipal corporation of the State of Colorado ("Political Body").
RECITALS:
Political Body has requested Railroad to improve the existing Woodlawn Sheet crossing, at
grade, along, over and across Railroad's track and right of way at Railroad Mile Post 32.52, on Railroad's
Fort Collins Industrial Lead , DOT No. 804-508A, in City of Fort Collins, Larimer County, State of
Colorado (the "Crossing"), to which Railroad is agreeable, but solely upon terms and conditions
hereinafter set forth.
The location of the Crossing is generally shown on the print marked Exhibit A, attached hereto
and hereby made a pact hereof.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and conditions
hereinafter set forth, the parties hereto agree as follows:
1. Railroad shall furnish all labor, material, equipment and supervision for, and shall (a)
remove the existing timber crossing, (b) install a 24 ft. precast concrete crossing, (c) field weld rail, (d)
relay tract: at the Crossing with 115 pound rail, (e) renew the crossties, and (f) surface the tract: with new
ballast.
2. The work to be performed by Railroad pursuant to 4 CCR 723-7-7211 is described in
Railroad's Material and Force Account Estimate dated August 23, 2013 marked Exhibit B, attached
hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, Railroad's work
associated with the project is estimated to cost Seventy -Four Tlnous�andNFive Hundred Ninety -Seven
Dollars ($74,597.00), with such estimated cost being'-$39,351.00 for material including, without
limitation, costs associated with the shipping, handlingkand taxes -for -such material and $35,216.00 for
labor. Pursuant to 4 CCR 723-7-7211, Political Body is to bear the actual material cost and Railroad is to
bear the actual labor cost. Railroad shall determine an actual material cost within one hundred twenty
(120) days after it has completed its work involving the project and submit such actual cost billing to
Political Body. Political Body agrees to pay Railroad for such actual material cost within thirty (30) days
of its receipt of billing.
3. All crossing surface renewal and maintenance costs shall be consistent with the Colorado
Public Utilities Commission Rule found at 4 CCR 723-7-7211. Specifically, Railroad shall install and
maintain a concrete grade crossing surface between the track tie ends. Railroad shall bear the labor costs
of installation, maintenance, repair, or replacement of said crossing surface. Political Body shall bear the
cost of the materials to maintain, repair or replace said crossing surface. Further, if the widening of
Woodlawn to 4 CCR 723-7-7211(d).
4. Political Body, at its cost, shall provide all labor, material and equipment associated with
traffic control, barricades, detour signing, advanced warning signs, pavement markings and improvements
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Public Road Improvements — Colorado Form
Estimated Costs — Billing Based on Actual Costs
Form Approved-AVP Law 051911
involving the Crossing's approaches. All such work shall be in compliance with the current Manual on
Uniform Traffic Control Devices.
5. If Political Body's contractor(s) is/are performing any work described in Section 4 above,
then Political Body shall require its contractor(s) to execute Railroad's standard and current form of
Contractors Right of Entry Agreement. Political Body acknowledges receipt of a copy of the
Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and
will inform its contractor(s) of the need to execute the Agreement and to obtain and provide to Railroad
the insurance policies, binders, certificates and endorsements that are required in the Contractor's Right of
Entry Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the
Railroad's premises without first executing the Contractor's Right of Entry Agreement and providing the
aforesaid insurance documents.
6. Fiber optic cable systems may be buried on 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. Political Body or its contractor(s) shall telephone
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 number, 7 day number for emergency calls) to
determine if fiber optic cable is buried anywhere on Railroad's premises to be used by Political Body or
its contractor(s). If it is, Political Body or its contactor(s) will telephone the telecommunications
cornpany(ies) 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 Railroad's premises.
7. Political Body, for itself and for its successors and assigns, hereby waives any right of
assessment against Railroad, as an adjacent property owner, for any and all improvements made under
this Agreement.
8. Covenants herein shall inure to or bind each party's successors and assigns; provided, no
right of Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by
express written agreement acceptable to Railroad.
9. Political Body hereby confirms that funds have been appropriated for the work set forth
in this Agreement.
10. The person signing this Agreement on behalf of Political Body hereby confirms that
he/she is authorized under Political Body policies and procedures to execute this Agreement and to bind
Political Body to the obligations under this Agreement.
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Public Road Improvements — Colorado Form
Estimated Costs — Billing Based on Actual Costs
Form Approved-AVP Law 051911
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date
first herein written.
UNION PACIFIC RAILROAD COMPANY
By
Title:
CITY OF Fort Collins
Title:
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