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Home My WebLink About466764 UNION PACIFIC RAILROAD COMPANY - CONTRACT - PURCHASE ORDER - 9135697Public Road Improvements — Colorado Form Estimated Costs — Billing Based on Actual Costs Form Approved-AVP Law 051911 9(-�5-60� IMPROVEMENTS TO EXISTING PUBLIC ROAD AT GRADE CROSSING FOR HEMLOCK STREET, DOT 804-SIOB M.P. 32.77 FORT COLLINS INDUSTRIAL LEAD FORT COLLINS, COLORADO TI4IS AGREEMENT ("Agreement) is executed in duplicate this day of , 2013, by and between ANION 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 hemlock Street crossing, at grade, along, over and across Railroad's track and right of way at Railroad Mile Post 32.77, on Railroad's Fort Collins Industrial Lead , DOT No. 804-510B, 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 part hereof. AGREEMENT: NOW TI3EREFORE, 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 asphalt crossing, (b) install a 40 ft. precast concrete crossing, (c) field weld rail, (d) relay track at the Crossing with 133 pound rail, (e) renew the crossties, and (f) surface the track 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 Eighty- wo Thou sl and, Six Hundred Seventy -Eight Dollars ($52,675.00), with such estimated cost being $47,456.00 for material including, without limitation, costs associated with the shipping, handling and taxes for such material and $35,222.00 for labor. Pursuant to 4 CCR 723-7-7211, Political Body is to bear• the actual material cost grid 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 Hemlock Street necessitates a surface extension of the Crossing, Political Body shall pay the initial cost of same pursuant to 4 CCR 723-7-7211(d). G1Uun10SURl0al0ontiz.¢#trmlzt Strcv Frn CNIiWu ro8013102hD1rc Re�C Improvmurus-CetmGFgnn051911 dec Public Road Improvements — Colorado Form Estimated Costs — Billing Based on Actual Costs Form Approved-AVP law 051911 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 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 Contractor's 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 company(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. {Rest of Page left blank intentionally) C\U==UR10Nlu.=.WHmlxk 9=1 Fan Cc7m CO M-9109PIUa RwOCDl..& Ir 031911� 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 By Title: C:1Usar'ASIIR1oDDecmeaSFkalock Sant Fat CdN. CO 904-510RPdlic RW lm�N- Cdordo rr 051911.d. DATE: 2013-08-23 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD - THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2014-02-21 DESCRIPTION OF WORK: 2013 RECOLLECTIBLE PROGRAM FORT COLLINS INDUSTRIAL LEAD I4P 32.77 DOT 0 804510B INSTALL 40 TF OF CROSSING SURFACE INCLUDING TIES,RAIL AND OTM ALSO REMOVE RAIL FROM SIDING CROSSING AND FILL IN. PID: 83620 AP70: 20899 MP,SUBDIV: 32.77, FTCOLLIND SERVICE UNIT: 14 CITY: FT COLLINS STATE: CO DESCRIPTION QTY UNIT LABOR 1ATERIAL RECOLL UPRR TOTAL ----------- --- ---- -------------------- ----- ----- ENGINEERING WORK ENGINEERING 1000 1000 1000 LABOR ADDITIVE 158% 1580 1580 1580 TOTAL ENGINEERING ------- -------- 2580 -------- ---------------- 2580 2580 SIGNAL WORK LABOR ADDITIVE 158% 1195 1195 1195 SIGNAL 756 5 5 756 761 TOTAL SIGNAL 1951 5 5 1951 1956 TRACK & SURFACE WORK BALAST 2.00 CL 5 1831 1831 5 1836 BILL PREP FEE 900 900 900 ENVIRONMENTAL - PERMITS 10 10 10 EQUIPMENT RENTAL 10000 10000 10000 FOREIGN LINE FREIGHT 750 750 750 HONELINE FREIGHT 900 900 900 LABOR ADDITIVE 158% 15648 15648 15648 MATL STORE EXPENSE 243 243 243 OTM 485 3429 3429 485 3914 RAIL 360.00 LF 1262 7747 7747 1262 9009 RDXING 40.00 TF 899 9278 9278 899 10177 SALES TAX 1139 1139 1139 SAW CUT STREET APPROACH 5000 5000 5000 SWTIE 32.00 EA 1181 1903 1903 1181 3064 TRK-SURF,LIN 2874 2874 2874 WELD 348 249 249 348 597 XTIE 82.00 EA 7989 4072 4072 7989 12061 TOTAL TRACK & SURFACE ------- -------- 30691 -------- 47451 47451 -------- 30691 ------- 78142 LABOR/MATERIAL EXPENSE 35222 47456---------------- RECOLLECTIBLE/UPRR EXPENSE 47456 35222-------- ESTIMATED PROJECT COST 82678 EXISTING REOSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.