HomeMy WebLinkAbout8463RESOLUTION NO. 8463
• RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO,
• MUNICIPAL CORPORATION AND THE STATE OF COLORADO
FOR THE USE AND BENEFIT OF THE STATE DEPARTMENT OF
TRANSPORTATION AND UNION PACIFIC RAILROAD COMPANY
RELATING TO REMOVAL AND REPLACEMENT OF
RAILROAD /HIGHWAY CROSSING PROTECTION DEVICES AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
,,,:
The Contract between Pueblo, a municipal corporation and the State of Colorado, for the use and
benefit of the State Department of Transportation and Union Pacific Railroad Company, for removal and
replacement of railroad/highway crossing protection devices (Project SP 0471 -021, 11931), a copy of which
is attached hereto, having been approved as to form by the City Attorney, is hereby approved, subject only
to annual appropriation for maintenance expense obligations in future years.
SECTION 2
The President of the City Council is authorized to execute and deliver the Contract in the name of
the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 3
This Resolution will become effective upon final passage.
ATTEST:
City Cler
INTRODUCED: July 27, 1998
By Al Gurul
Councilperson
APPROVED:
& tt '- , � r /' '-
President of t19City ouncil
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SP 0471 -021, 11931
125 - E/Dillon Dr - N & S
CONTRACT
FOR REMOVAL AND REPLACEMENT OF
RAILROADIHIGHWAY CROSSING PROTECTION DEVICES
THIS CONTRACT, made this L � 7 day of i.AQS } , 19, by and between
the STATE OF COLORADO for the use and benefit of th"STATE DEPARTMENT OF
TRANSPORTATION, DIVISION OF ENGINEERING AND MAINTENANCE, hereinafter
referred to as the State, and the CITY OF PUEBLO, COLORADO, A MUNICIPAL
CORPORATION, hereinafter referred to as the Local Agency, and the UNION PACIFIC
RAILROAD COMPANY, hereinafter referred to as the Railroad.
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 Fund Number 400, Appropriation Code 010, Function 3987, Object 2311 1 N, Program
2000, Originating Unit 2250, Phase C, Contract Encumbrance Number 11931, Contract
Encumbrance Amount $184,080; 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, the proposed improvements provided for herein are located in the City of
Pueblo, at the crossings of 40th Street and 26th Street, both streets owned by the Local Agency, and
the Railroad's track, National Inventory Crossing ID Nos. 253 -137T and 253 -141H, Railroad
Reference Points WC 115.16 and WC 116.28, respectively; and
WHEREAS, the State has allocated State funds under the State's project number SP 0471-
021, 11931; and
WHEREAS, the State, the Local Agency, and the Railroad now desire to remove the
automatic flashing light signals, gates, and bell from the 40th Street crossing in Pueblo, and install
similar modern warning devices at 26th Street in Pueblo, consisting of flashing light signals, bells,
gates, and constant warning devices; and
WHEREAS, the Local Agency will be responsible for maintaining the roadway approaches
to the 40th Street crossing, following its closure as a vehicular crossing; and
WHEREAS, the Railroad will operate, maintain, repair and keep its roadbed, track and
appurtenances, including the railroad grade crossing warning devices installed described herein, in
proper working condition; and
WHEREAS, the State will be responsible for maintaining the roadway approaches to the
26th Street crossing, following completion of construction; and
WHEREAS, the Local Agency and the Railroad understand that pursuant to FHWA
requirements, 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 may authorize the Railroad to perform advance preliminary
engineering for the crossing, in the form of an authorization letter, attached hereto as an Exhibit;
and
WHEREAS, the State may authorize the early purchasing of materials for the crossing, in
the form of an authorization letter, attached hereto as an Exhibit, upon receipt of the Railroad's cost
estimate for the Railroad work; and
WHEREAS, the State and the Local Agency have made joint application to the Public
Utilities Commission, hereinafter referred to as PUC, for railroad force account work, for
authorization of removal of the signal devices at the 40th Street crossing, the installation of modern
signal devices at the 26th Street crossing, and closure of the 40th Street crossing to vehicular traffic
(reserving all other public use therein), all in the City of Pueblo, to provide safer crossings; and
WHEREAS, the Railroad is 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; and
WHEREAS, it is in the public interest that the railroad work be performed by Railroad
forces, on a Force Account basis; and
WHEREAS, the parties hereto agree to enter into a separate contract to provide for
construction and maintenance of a new grade separation structure over the Railroad tracks on Dillon
Drive, which is a separate phase of the State's construction project.
NOW, THEREFORE, it is hereby agreed that:
2
ARTICLE I
GENERAL PROVISIONS
SECTION A. DEFINITIONS
1. FHWA = U.S. Department of Transportation
Federal Highway Administration
2. 23CFR = Title 23 of the Code of Federal
Regulations (1997)
3. MUTCD = The Manual on Uniform Traffic Control
Devices for Streets and Highways
(1988 edition)
4. CRS = Colorado Revised Statutes
5. PUC = Public Utilities Commission of Colorado
6. The term "eligible charges" shall include only those actual incurred costs, as provided
in 23CFR, Part 140, which are directly attributable to Project No. SP 0471 -021, 11931,
and which are incurred following written authorization by the State for the various
work functions.
7. The term "railroad work" shall consist of force account work done by Railroad forces
and shall include the following:
Furnish and install automatic flashing light signals with gates and flashers at 26th
Street, remove the existing railroad/highway safety devices from 40th Street, and
various crossing surface work.
8. The term "project work" shall include all work required for completion of the project
as performed by the parties hereto.
SECTION B. EXHIBITS
The exhibits listed below are hereto attached and made a part of this contract:
Exhibit A - Local Agency Ordinance or Resolution
Exhibit B - Railroad Schematic Plan and Itemized Estimate for Railroad Force Account
Work
9
Exhibit C - Civil Rights Exhibit
Exhibit D - Advance Preliminary Engineering Authorization Letter (when applicable)
Exhibit E - Materials Authorization Letter (when applicable)
Exhibit F - Contract Funding Letter Format
SECTION C. REFERENCE DOCUMENTS
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 Part 140 Subpart I
23CFR Part 646 Subpart B
MUTCD Dated 1988
SECTION D. DESIGN DATA
The highway /railroad improvement project provided herein, identified as Project No.
SP 0471 -021, 11931, consists generally of removing grade crossing warning devices from 40th
Street, installing modern grade crossing warning devices at 26th Street, consisting of automatic
flashing light signals with gates and flashers, closing 40th Street as a public crossing to vehicular
traffic reserving therein a public easement and crossing for water, sewer, gas, power, heat,
communications, drainage, and other public utilities and uses authorized by law in public streets and
roads, and various crossing surface work, all in Pueblo, and the Railroad's track, National Crossing
Nos. 253 -137T and 253 -141H, Railroad Reference Points WC 115.16 and WC 116.28, respectively.
Following completion of the installation of the grade crossing warning devices at 26th
Street, the 40th Street at -grade crossing shall be closed to vehicular traffic, reserving therein a public
easement and crossing for water, sewer, gas, power, heat, communications, drainage, and other
public utilities and uses authorized by law in public streets and roads.
ARTICLE II
COMMITMENTS ON THE PART OF THE LOCAL AGENCY
SECTION A. COST ESTIMATES
Prior to execution of this contract, the Local Agency shall review the Railroad's plan and
estimate (Exhibit B) 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 the State to reimburse the Railroad for
eligible charges.
rd
SECTION B. MAINTENANCE
The Local Agency shall be responsible for maintaining the roadway approaches to the 40th
Street crossing, following its closure as a vehicular crossing, described in Article I, Section D.
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. After construction by Railroad force account, the Local Agency shall also be
responsible for maintaining advance warning signs and pavement markings. The Local Agency
shall not be responsible for maintaining the Railroad's facilities described in Article III, Section D
or the roadway approaches, signage, and pavement markings for the 26th Street crossing described
in Article IV, Section I.
ARTICLE III
COMMITMENTS ON THE PART OF THE RAILROAD
SECTION A. CROSSING AT GRADE
1. Warning_ Devices The Railroad agrees to accomplish by force account all the railroad
work defined in Article I, Section A as provided hereunder, provided that the Railroad shall obtain
written notice to proceed from the State before it starts to perform or authorizes the performance of
such railroad work. In the event that such work is initiated prior to the issuance by the State of the
written notice to proceed, the Railroad shall be solely responsible for all costs incurred for such
work.
2. Plans and Estimate The Railroad shall submit a general plan showing the crossing, the
type(s) and location of crossing warning devices to be installed, and the approximate approach
lengths and/or warning time for the devices along with an itemized estimate (Exhibit B) 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 cost estimate shall conform to the requirements of 23CFR, Part 140, Subpart I, and shall
be of the form prescribed in 23CFR, Part 646, Subpart B. Any Railroad use of an engineering
consultant to perform the Exhibit B 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 B), 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 shall be responsible for cost increases resulting from
unauthorized changes in the railroad work.
E
SECTION B. NOTICE
After receipt of the Notice to Proceed from the State, the Railroad shall notify the State at
least ten working days in advance of beginning the railroad work so that the State can arrange for
construction zone traffic control as required in the traffic control plan and the State can arrange for
administration and inspection. The Railroad shall also furnish the Local Agency and the State a
copy of the completion notice the Railroad furnishes to the PUC.
SECTION C. RAILROAD BILLINGS
Progress billings of incurred costs for the railroad work shall be acceptable in minimum
amounts of $500 for each billing. The Railroad shall provide its final and complete billings of all
incurred costs to the State within one year following completion of all railroad work including the
cost of the railroad's engineering, in a total amount not to exceed $184,080, as shown in the
estimate (Exhibit B), performed by the Railroad at the State's request. The billing for such work
shall reference the State's Project No. SP 0471 -021, 11931. The State shall provide the Railroad
with written notice of the completion of work, thus marking the beginning of the one year period. If
the Railroad does not present the final bill to the State within that one year time period, as required
by paragraph 140.922 of 23CFR, then previous payments to the Railroad for the railroad work may
be considered as final and complete reimbursement for that work, and the State may close out the
project with no further financial obligation. Railroad's billings for incurred costs for the railroad
work shall be audited by the State for compliance with 23CFR, Part 140, Subpart I.
SECTION D. MAINTENANCE
Upon completion of the work required under this contract, the Railroad, at Railroad expense,
shall thereafter operate, maintain, repair and keep its roadbed, 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 shall be
free to apply for such funds. The Railroad shall not be responsible for maintaining the roadway
approaches described in Article II, Section C or in Article IV, Section I.
ARTICLE IV
COMMITMENTS ON THE PART OF THE STATE
SECTION A. PROJECT ADMINISTRATION
1. Approvals by the State The State 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 Railroad prior to the issuance of
the notice to proceed shall not be eligible for reimbursement.
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's Regional Transportation Director shall be responsible
for monitoring project charges. The costs of such support services and assistance shall be paid to
the State from project funds.
SECTION C. RAILROAD COST ESTIMATES
Prior to execution of this contract, the state shall review the railroad's plan and estimate
(Exhibit B) for the railroad work defined in Article I, Section A. Said itemized estimate shall take
into account the value of all existing material that can be salvaged and/or scrapped. If there is no
salvageable and/or scrapped material that has value, the estimate shall so state. The State shall be
afforded the opportunity to inspect salvaged and/or scrapped material. The plans and estimate
(Exhibit B) when and as approved by the parties hereto, shall govern the installation of the grade
crossing warning devices.
SECTION D. UTILITIES
The State shall be responsible for obtaining proper clearance or approval, in writing, or
formal agreement if utility adjustments are required, from utility companies which may be involved
in the project, prior to installation of the proposed improvements.
SECTION E. RIGHT OF WAY
The State shall provide written certification that the proposed project 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 State regulations.
SECTION F. CONSTRUCTION ZONE SIGNING
The State or its contractor shall be responsible for construction zone signing, including
detouring of traffic if required, pavement marking, and any other work in connection with this
crossing improvement work at 26th Street and at 40th Street, in accordance with the traffic control
plan shown in the plans for the project.
7
SECTION G. CLOSURE OF 40TH STREET CROSSING
Following the Railroad's installation of the modern crossing warning devices at 26th Street,
the State with concurrence by the Local Agency, shall close or cause to be closed, the 40th Street at-
grade crossing, as described in Article I, Section D.
SECTION H. RAILROAD REIMBURSEMENT
The State shall review and verify the Railroad's billings for the railroad work performed
hereunder to ensure that the billings are for eligible charges for work actually performed. The State
shall be responsible for reimbursing the Railroad for eligible charges within 60 calendar days.
SECTION I. MAINTENANCE
The State shall be responsible for maintaining the roadway approaches to the 26th Street
crossing described in Article I, Section D. 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 State shall also be responsible for maintaining advance warning signs and
pavement markings. The State shall not be responsible for maintaining the Railroad's facilities
described in Article III, Section D or the roadway approaches to the 40th Street crossing described
in Article II, Section C.
ARTICLE V
ADDITIONAL PROVISIONS
SECTION A. INSPECTION AND AUDIT
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 to inspect the project
and to inspect, review and audit the project records. The Local Agency shall maintain all books,
documents, papers, accounting records and other evidence pertaining to costs incurred by the Local
Agency, if any, and to make such materials available at all reasonable times during the construction
of the project and for 3 years from the date of final payment. Copies of such records shall be
furnished by the Local Agency if requested.
SECTION B. CROSSING IMPROVEMENT WORK
The State shall coordinate the crossing improvement work and the State shall inspect the
railroad work performed by Railroad 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, Notice to Proceed to the Local Agency and the Railroad. In the event that any work is
initiated by the Local Agency prior to issuance of the notice to proceed, other than the authorization
of advance preliminary engineering and/or the early ordering of material as authorized, in writing,
by the State (Exhibits D and E) the Local Agency shall be solely responsible for all costs incurred
for such Local Agency work performed prior to such issuance.
SECTION C. PROJECT COSTS
If actual project costs exceed the total budget, such excess costs shall be borne exclusively
by the State except that the State shall not be liable for the cost of any unauthorized changes in the
Railroad work as provided in Article III, Section A(3).
SECTION D. PUC APPLICATION
The State and the Local Agency have made joint application to the PUC requesting a PUC
order providing for the improvements described herein. The State and the Local Agency shall
participate in any hearing before the PUC in this matter. The State's issuance of authorization to
proceed with the railroad work shall be contingent upon PUC approval.
SECTION E. CANCELLATION
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 mail, 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 30 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 F. REPRESENTATIVES
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. Bob Torres
Regional Transportation Director, Region 2
905 Erie Ave.
P. O. Box 536
Pueblo, CO 81002
PHONE (719) 546 -5452 FAX (719) 546 -5456
M
2. If to Local Agency
Mr. Dan Centa
City Traffic Engineer
City of Pueblo
350 S. Elizabeth St.
Pueblo, CO 81003
PHONE (719) 545 -5840
FAX (719) 545 -0934
�4
Mr. Tom Cvar
Director of Public Works
City of Pueblo
211 E. "D" St.
Pueblo, CO 81003
PHONE (719) 543 -2860
FAX (719) 542 -6244
3. If to Railroad:
Ms. Susan K. Grabler
Manager Industry and Public Projects
Union Pacific Railroad
1400 W. 52nd Ave.
Denver, CO 80221
PHONE (303) 812 -5922
4. Billings Submitted to:
Ms. Dana K. Johnson
Railroad Liaison
Staff Design, Rm. 404
4201 E. Arkansas Ave.
Denver, CO 80222
PHONE (303) 757 -9353
FAX (303) 812 -5930
FAX (303) 757 -9458
The State's Regional Transportation Director Engineer shall be responsible for issuing all Notices to
Proceed.
SECTION G. CIVIL RIGHTS
The parties hereto, in the prosecution of the work herein prescribed, will adhere to the
requirements of the Civil Rights Exhibit, and will include the provisions of the said Civil Rights
Exhibit in every subcontract; including procurement of materials and leases of equipment, unless
exempt by the Regulations, orders or instructions issued pursuant thereto.
SECTION H. TERM
The term of this contract, except for the provisions regarding roadway maintenance and
maintenance and future use of warning devices, shall continue through completion and final
acceptance of this project by the Local Agency, and the State. The covenants regarding roadway
10
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 the Railroad is, by law
or otherwise, relieved of such responsibility.
SECTION I. FUTURE USE OF WARNING DEVICES
If, hereafter, by agreement, negotiation, or order of competent public authority, the grade
crossing warning devices installed at the 26th Street location are rendered 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 re -use at another
location, they shall be reinstalled at that location by the Railroad under a separate agreement for
relocation between the State, Local Agency, and Railroad as approved by the Colorado PUC. If the
State widens the highway, 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 changes
said devices are removed, relocated or replaced the entire cost thereof shall be borne by the
Railroad.
SECTION J. SUCCESSORS AND ASSIGNS
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 K. SPECIAL PROVISIONS
The Special Provisions attached hereto immediately following the signature page are hereby
made a part of this contract. For the purpose of interpretation of said Special Provisions, the
Railroad shall be known as "the contractor."
SECTION L. SUPPLEMENTAL CONTRACT AND CHANGES IN RAILROAD WORK
The total amount shown in Exhibit B shall not be exceeded unless covered by a
supplemental contract executed prior to incurring additional costs. No change shall be made in the
railroad work, as described in Article I, Section A, which will alter the character or scope of the
railroad work without prior written concurrent and authorization from the State. The Railroad shall
be responsible for cost increases resulting from unauthorized changes in said railroad work, as
described in Article I, Section A, paragraph 7.
The State may from time to time in a form substantially equivalent to that in Exhibit F, and
bearing the approval of the State Controller or his designee, make more funds available on this
contract. The funds availability letter shall not be deemed valid until it shall have been approved by
the State Controller or such assistant as he may designate.
11
SECTION M. TERMINATION OF PREVIOUS CONTRACTS
The parties hereby agree that the contract between the State and the Local Agency, dated
May 23, 1988, and the contract between the Local Agency and the Railroad, dated August 23, 1988,
and all obligations thereunder, shall be automatically terminated effective upon the removal of the
railroad/highway crossing warning devices from 40th Street in Pueblo and the subsequent
replacement of railroad/highway crossing warning devices at 26th Street in Pueblo, and acceptance
thereof by the State and the Local Agency.
SECTION N. GRADE SEPARATION CONTRACT
The State is involved in planning and designing for major improvements to the Interstate
25 /State Highway 47 /State Highway 50 interchange. The parties hereto shall file a separate
application with the PUC and shall enter into a separate contract to provide for construction and
maintenance of the new grade separation structure over the Railroad tracks on Dillon Drive.
SECTION O. SIGNATURE AUTHORITY
The Railroad 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 Railroad and to bind the Railroad to its terms.
SECTION P. AUTHORIZATION
The State will issue 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.
12
Page 1 of 2 Signature Pages
Project SP 0471 -021, 11931
IN WITNESS WHEREOF, the parties hereto have executed this contract 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:
STATE OF COLORADO
ROY ROMER, GOVERNOR
- Y�w / U
Chief Clerk (1—
ATTEST:
1
By—,
Titl, City C erk
By
Executive Di ector
ARTMENT OF TRANSPORTATION
CITY OF PUEBLO, COLORADO
By a 'Y��
Title President of City Council
Federal Employer Identification No.
84- 6000615
P. O. Box 1427, Pueblo, CO 81002
R_T
CLIFFORD W. HALL
State Controller
By
APPROVED:
GALE A. NORTON
Attorney General
t�'L'
By P
BARRY B. RYA
Assistant Attorney General
Civil Litigation Section
Page 2 of 2 Signature Pages
Project SP 0471 -021, 11931
IN WITNESS WHEREOF, the parties hereto have executed this contract 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:
UNION PACIFIC RAILROAD COMPANY
I
LIM
Tit]
'lc CHIEF ENGINEER
r Title
Federal Employer Identification No.
13- 6400825
P. O. Box 3400, Omaha, NE 68103
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 thaw one -half of the total amount payable by the terms of this contract Such bond shall be duly executed by a qualified
corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly
pay for any 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
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 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 contract
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices (CRS 24-34 -402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April
16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub- contracts.
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 status,
religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees
are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment
upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous 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 employees placed by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental 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 contract or
understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor'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 famish 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.
(e) 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 race, 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 indirectly, to commit any act defined in this contract to be discriminatory.
(g) In the event of the contractor's non - compliance with the non - discrimination clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance
with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated
Form 6- AC-02B (GEN060197) Revised x6/01/97 Page 1 of 2 pages
in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and
Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every sub - contract and subcontractor purchase order unless exempted by rules,
regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any sub- contracting or purchase order as the contracting agency may
direct, as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event the contractor becomes involved
in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8 -17 -101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder
and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is
determined by the officer responsible for awarding the bid that compliance with the subsection .06 may cause denial of federal funds which would otherwise
be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent
denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8 -19 -101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this
contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person
or which is otherwise in conflict with said laws, Hiles, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein
by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether
by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this
contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that
have been or may hereafter be established.
9. Pursuant to CRS 24-30 -202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for.
(a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS;
(c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation
fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination
or reduced to judgment as certified by the controller.
10. The signatories aver that they are familiar with CRS 18 -8 -301, et seq., (Bribery and Corrupt Influences) and CRS 18- 8-401, et seq., (Abuse of Public Office),
and that no violation of such provisions is present.
11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein.
S WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor: State of Colorado
(Full Legal Name) ROY ROME& GOVERNOR
By
Position (Title) By > -
Social Security Number or Federal I.D. Number Departme
of PUBLIC HEALTH AND ENVIRONMENT
If Corporation, Town/City/County, or Equivalent: OGRAM APPROVAL:
Attest (Affix Seal)
By
Corporate Secretary, or Equivalent, To cty /County Clerk
APPROVALS
ATTORNEY GENE CONTROLLER
By By
Gale A Norton Clifford W. Hall
Fam 6 -AC-02C (GEN060197) Revised 06/01/97 Page 2 which is the last of 2 pages
-10
RESOLUTION NO. 8463
• RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO,
• MUNICIPAL CORPORATION AND THE STATE OF COLORADO
FOR THE USE AND BENEFIT OF THE STATE DEPARTMENT OF
TRANSPORTATION AND UNION PACIFIC RAILROAD COMPANY
RELATING TO REMOVAL AND REPLACEMENT OF
RAILROAD/HIGHWAY CROSSING PROTECTION DEVICES AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Contract between Pueblo, a municipal corporation and the State of Colorado, for the use and
benefit of the State Department of Transportation and Union Pacific Railroad Company, for removal and
replacement of railroad/highway crossing protection devices (Project SP 0471 -021, 11931), a copy of which
is attached hereto, having been approved as to form by the City Attorney, is hereby approved, subject only
to annual appropriation for maintenance expense obligations in future years.
SECTION 2
The President of the City Council is authorized to execute and deliver the Contract in the name of
the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 3
This Resolution will become effective upon final passage.
ATTEST:
, -0�' " L_
City Cler
INTRODUCED: July 27, 1998
By Al Gurule
Councilperson
APPROVED:
(�� - '�i , /" , ,
Lbw
President of the ity C incil
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.
DATE: 1997
-12 -03
ESTIMATE OF MATERIAL
AND FORCE ACCOUNT
WORK
BY THE
UNION PACIFIC
RAILROAD
EX HiLAi , tom)
DESCRIPTION OF WORK:
COLORADO SPRINGS SUB / MP 116.28
/ 26T H AVE_ / PUEBLO,
CO
PROPOSED WORK INCLUDES SIGNAL AND
SURFACE
IMPROVEMENTS
AT 26TH AVE.
AND THE CLOSURE OF THE CROSSING
AT
40TH ST.,
MP 115.16. DOT
� �
# 253 137T. V�VI�C.I. lar
PID: 26565 AWO: 26241
MP,SUBDIV:
116.28, COLSPRGS
SERVICE UNIT: 15 CITY: 26TH
STREET
STATE: CO
DESCRIPTION QTY UNIT
----- - - - - -- - -- - - --
LABOR MATERIAL
- - - -- -- - - - - --
RECOLL UPRR
- - - - -- - - --
TOTAL
- - - --
ENGINEERING WORK
ENGINEERING
3503
3503
3503
LABOR ADDITIVE
3480
3480
3480
SIG -HWY XNG
1137
1137
1137
-
-
TOTAL ENGINEERING
- - - - --
8120
- - - - - --
- - - - - -- - - - - - -- --
8120
- - - --
8120
SIGNAL WORK
BILL PREP
1195
1195
1195
CONTRACT
5401
5401
5401
EQUIPMENT RENTAL
3000
3000
3000
FOREIGN LINE FREIGHT
1080
1080
1080
LABOR ADDITIVE
18231
18231
18231
MATL STORE EXPENSE
r 2700
2700
2700
PERSONAL EXPENSES
12079
12079
12079
RDXING.PUB -)
1307
1307
1307
SIGNAL
22196
54013
76209
76209
TRANSPORTATION CHARGES
3672
3672
3672
USAGE EQUIPMENT
5698
5698
5698
-
TOTAL SIGNAL
- - - - --
42929
- - - - - --
87643
- - - - - -- - - - - - -- --
130572
- - - - --
130572
TRACK & SURFACE WORK
BALAST 1.00 CL
1739
487
2226
2226
COMPANY EQUIPMENT USAGE
1850
1850
1850
DRAINAGE WORK -40TH ST.
1500
1500
1500
EQUIPMENT RENTAL
4000
4000
4000
FIELD WELD
910
910
910
FOREIGN LINE FREIGHT
148
148
148
HOME LINE FREIGHT
900
900
900
LABOR ADDITIVE
6803
6803
6803
MATL STORE EXPENSE
493
493
493
OTM
668
1084
1752
1752
RAIL 160.00 LF
857
1696
2553
2553
RDXING 60.00 TF
4152
8550
12702
12702
TRK- SURF.LIN
1937
1937
1937
WELD
258
258
258
XTIE 50.00 EA
5334
2022
7356
7356
-
TOTAL TRACK & SURFACE
- - - - --
22400
- - - - - --
22988
- - - - - -- - - - - - -- --
45388
- - - - --
45388
-
LABOR /MATERIAL EXPENSE
- - - - --
73449
- - - - - --
110631
- - - - - -- - - - - - --
RECOLLECTIBLE/UPRR EXPENSE
184080 0 --
- - - - --
ESTIMATED PROJECT COST
184080
EXISTING REUSEABLE 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.
FORM 30 -1
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
ST STw.T: 01 -01 -98
ST COMP: 12 -31 -98
AILROAD: UPRR CO.
OCATION: 26TH ST. PUEBLO,CO. CO.SPRINGS SUB
EPARTMENT: ENGINEERING SERVICES SERVICE UNIT: 15
. OLORADO SPRINGS SUB / MP 116.28 / PUEBLO, CO
'ROPOSED WORK INVOLVES SIGNAL AND SURFACE IMPROVEMENTS AT 26TH AVE.
.ND THE CLOSURE OF THE CROSSING AT 40TH ST., MP 115.16, DOT
t 253 137T. « IQ r
' NSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS W /GATES 9 FLASHERS AND
1ARIOUS CROSSING SURFACE WORK AT:
!6TH. AVE., M.P.116.28., PUEBLO, CO. ON THE COLORADO SPRINGS SUB.
.IGNAL PROJECT MANAGER: H.L. MARTIN 8271 -4692
#ORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW:
:IGNAL - FEDERAL /STATE - 100%
.URFACE- FEDERAL /STATE - 100%
LNSTALL 60 TF OF NEW 136 LB. CONCRETE CROSSING MATERIALh INCLUDING
L60 LF OF NEW 136 LB. RAIL, 50 EA. 10 FT. CROSS TIES AND OTM. RELEASING
L8 TF OF WORN CROSSING MATERIAL, 160 LF OF WORN 136 LB. RAIL, 50
ROSS TIES AND OTM.
INSTALL 1 CAR OF CLASS 'D' BALLAST AND SURFACE THROUGH CROSSING AREA.
ALL WORK TO BE PERFORMED BY UNION PACIFIC RR FORCES FOR THE EXPENSES
AS NOTED IN THE FORM 30. STATE OF COLORADO IS TO PAY 100% OF THE TOTAL
COSTS, INCLUDING BUT NOT LIMITED TO:
PAGE O1 MORE
PROJ NO: 26565
A.M.O. NO: 26241
M.O. NO:
B.I. NO: 97EN10
STATE: CO
VAL SEC: 0502V
ENGINEERING, MATERIAL, MATERIAL STORE EXPENSE, LABOR, LABOR ADDITIVES,
SALES TAX, BILL PREPARATION, CONTRACT SERVICES, AND FREIGHT.
FORM 30 -1 PAGE 02 MORE
WORK ORDER AUTHORIZATION- DETAIL OF ESTIMATED EXPENDITURES
ST START: 01 -01-98 PROJ MO: 26565
ST COMP: 12 -31-98 A.N.O. NO: 26241
N.O. NO:
4ILROAD: UPRR CO. B.I. NO: 97EN10
DCATION: 26TH ST. PUEBLO,CO. CO.SPRINGS SUB STATE: CO
EPARTMENT: ENGINEERING SERVICES VAL SEC: 0502V
----------------------------------------------------------------------------------------
SCOPE OF WORK --------------------------
PROJECT VAL M.P. M.P. JOINT
NUMBER SEC STATE FROM TO SEGMENT FACILITY
26565 0502V CO 116.28 116.28 4722
r
'ROJECT NUMBER 26565
M.P. M.P. TRACK SEGMENT NUMBER NUMBER OF TNS OF TRACK RDXING
FROM TO TYPE NUMBER OF XTIES SWTIES BALAST FEET LENGTH
116.28 116.28 SINN 4722 0 50 95 80 60
FORM 30 -1 PAGE 03 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
ST STA %I: 01 -01 -98 PROJ NO: 26565
ST COMP: 12 -31 -98 A.N.O. NO: 26241
N.O. NO:
AILROAD: UPRR CO. B.I. NO: 97EN10
OCATION: 26TH ST. PUEBLO,CO. CO.SPRINGS SUB STATE: CO
EPARTMENT: ENGINEERING SERVICES VAL SEC: 0502V
--- -----------
-- -- - - - -
--
LABOR PLAN ---------------
---
--- - ----
GANG
GANG TYPE
GANG
NUMBER WORK
WORK CODE
GANG DAYS
DIRECT
TYPE
- - --
DESCRIPTION
---- -= -- - ---
NBR
- --
IN GANG CODE
-- - - --- -- --
DESCRIPTION
--- --- - - - - --
ALLOWED
--- -- - - --
LABOR S
- - - - - ---
ML008
8
PERSON BALLA
0
8
19003
BALLAST UNL
1.00
1739.04
=008
8
PERSON ROAD
0
8
10003
XTIES -UNLD
0.10
187.86
tDX008
8
PERSON ROAD
0
8
10005
XTIES -RENEW
2.86
5045.94
tOX008
8
PERSON ROAD
0
8
10006
XTIES -LOAD/
0.05
102.25
tDX008
8
PERSON ROAD
0
8
12003
RAIL - UNLD
0.01
31.31
IDX008
8
PERSON ROAD
0
8
12005
RAIL -REPLA
0.46
813.00
IDX008
8
PERSON ROAD
0
8
12006
RAIL - LOAD
0.00
14.62
tDX008
8
PERSON ROAD
0
8
14003
OTM UNLD /DI
0.01
31.31
tDX008
8
PERSON ROAD
0
8
14005
OTM REPLACE
r 0.33
588.60
tOX008
8
PERSON ROAD
0
8
14006
OTM LOAD /PI
0.02
50.97
tDX008
8
PERSON ROAD
0
8
20003
RDXING,PUB
0.07
140.87
tDX008
8
PERSON ROAD
0
8
20005
RDXING,PUB-
1.99
3516.01
tDX008
8
PERSON ROAD
0
8
20006
RDXING,PUB
0.15
280.07
tDX008
8
PERSON ROAD
0
8
20007
RDXING,PUB
---
0.86
- - - - - -- --
1525.06
-- --- - - --
SUB -TOTAL
7.00
12327.87
3IG005
5
PERSON FOR S
0
5
30004
SIG GENERAL
25.43
19918.18
3IG005
5
PERSON FOR S
0
5
30006
SIGNAL SYS.
0.09
71.29
3IG005
5
PERSON FOR S
0
5
30007
SIG -GEN DIS
0.91
712.89
3IG005
5
PERSON FOR S
0
5
30014
SIGNAL -GENE
-
1.63
--- - -- --- ---
1278.21
-- ------
SUB
-TOTAL
28.06
21980.57
3RF003
3
MAN DIVISION
0
3
17009
TRK-SURF,LI
3.00
1937.25
4LD002
2
PERSON WELDI
0
2
13004
FIELD WELD
2.16
910.32
TOTAL
38,895.05
FORM 30 -1
WORK ORDER AUTHORIZATION- DETAIL OF ESTIMATED EXPENDITURES
iT START: 01 -01 -98
ST COMP: 12 -31 -98
1ILROAD: UPRR CO.
)CATION: 26TH ST. PUEBLO,CO. CO.SPRINGS SUB
EPARTMENT: ENGINEERING SERVICES
--------------------------------------------------------------------------
------------------------
STOCK MATERIAL PLAN
---------------
-----
- -- - --
ITEM
ITEM
UNIT
DIRECT
NUMBER
-- - - - - --
DESCRIPTION
- -- --- ------ ------- ---- --- --- - -- ----
COST
- ---
QTY
UM
HATL t
2040420
BATTERY,GNB,75A9 OR SOA13
-- -
187.37
- - - --
6
--
EA
- - - - - --
1124
2040660
BATTERY,GNB, 75A23 OR 50A27
330.77
14
EA
4631
7810000
ASSEMBLY,JACK -4 -WIRE SUTTLE
1.15
1
EA
1
, 7880400
WIRE, STATION
0.04
20
LF
1
19011240
CABLE TIE, NYLON 1 1/8" MAX. DIA
0.07
200
EA
14
19011980
CABLE TIE, NYLON 3 1/2" MAX. DIA
0.25
20
EA
5
19015270
CIRCUIT BREAKER, 120V/240V 20A AC
5.14
1
EA
5
)9040700
HEAT SHRINKABLE TUBING, .75" DIA.
1.07
8
EA
9
19041120
HEAT SHRINKABLE TUBING, 1.1" DIA.
1.66
4
EA
7
19054360
RELAY, GEN.PURPOSE 120V. TAB 856
13.79 r
2
EA
28
19057650
SOCKET,P-B 27E122 TAB 836A i 856
3.08
2
EA
6
)9065700
TAPE, ELECTRICAL PLASTIC
2.18
2
RL
4
)9066900
TERMINAL,SPADE,10 -12 WIRE,*$ STUD
0.14
10
EA
1
)9135650
2363 J,SLEEVE,4-6,REDUCING
0.85
8
EA
7
)9136370
2367 J SLEEVE,SPLICING,4 -4
0.88
8
EA
7
39137100
TERM.LUG 3/16 CABLE-1 /4 POST 2412
0.84
20
EA
17
)9215100
33466 TERMINAL, RING TONGUE AMP
0.14
24
EA
3
)9261570
321527 -1 TERMINAL, TEST
1.10
10
EA
11
39401140
ADAPTER, 4 INCH CARLON PLASTIC
2.63
12
EA
32
39409820
BUSHING, 4" PLASTIC,INSULATING
1.19
12
EA
14
09424920
CONDUIT, 4 ", PVC, TYPE 40
1.28
120
LF
154
09433590
CONNECTOR, 3/8 INCH STRAIGHT BO
0.12
3
EA
0
09442650
CONNECTOR, 3/4 INCH STRAIGHT BO
1.23
1
EA
1
09446050
CONNECTOR, 1 1/4 INCH STRAIGHT BO
11.81
1
EA
12
09466420
LOCKNUT, 1 1/4 INCH CONDUIT
0.22
1
EA
0
09467930
LOCKNUT, 4 INCH, GALVANIZED
4.06
12
EA
49
09615550
LAMP,INCANDESCENT JOV.25W.
2.50
23
EA
58
09844170
GROUND ROD, 5/8 INCH X 8 FEET
5.20
15
EA
78
09846750
GRNO.ROD CONN. 4WAY ONESHOT.
5.32
15
EA
80
09908640
WIRE,M6 AWG.1 COND.COPPER,SOLID
0.12
375
LF
45
09912120
WIRE,116 AWG. 2 COND.(500' ROLL)
0.82
500
LF
410
09913120
WIRE,116 AWG.5 COMO. (500' ROLL)
1.62
1000
LF
1620
09915610
WIRE M6 AWG 1 COND COPPER, STRAN
0.39
150
LF
59
09930550
WIRE 810 AWG 1 COND COPPER, STRAN
0.14
1500
LF
210
09932310
WIRE 1110 AWG 1 COMO COPPER, TWIST
0.34
170
LF
58
09960090
WIRE 016 AWG 1 COMO COPPER, STRAN
0.07
250
LF
18
13060230
TOGGLE,SPRING WING 3/8
0.53
4
EA
2
13552450
SHEET METAL SCREW,N12 X 3/4"
2.53
2
BX
5
13553150
SHEET METAL SCREW 1(12 X 1"
2.99
1
BX
3
17061400
PADLOCK,SIGNAL,WITHOUT KEY,AMERIC
10.97
8
EA
88
19009970
HOSE,1 1/2 INCH,SIGNAL BOOTLEG
1.17
40
LF
47
28033210
CARTON, 39 1 /8 "L X 23 1 /4 "W X 17
3.27
1
EA
3
PAGE 04 MORE
PROJ NO: 26565
A.N.O. NO: 26241
W.O. NO:
B.I. NO: 97ENIO
STATE: CO
VAL SEC: OS02V
FORM 30 -1
WORK ORDER AUTHORIZATION- DETAIL OF ESTIMATED EXPENDITURES
ST START: 01 -01 -98
ST COMP: 12 -31 -98
AILROAD: UPRR CO.
OCATION: 26TH ST. PUEBLO,CO. CO.SPRINGS SUB
EPARTMENT: ENGINEERING SERVICES
8033230
CARTON, 47 3/8 "L X 39 1 /2 "W X 18"
6.94
1
EA
7
8041880
PALLET, 48 X 40 INCH 2 /WAY
8.38
2
EA
17
5040010
PLASTER OF PARIS, DENTAL GRADE
0.79
25
LB
20
4210000
SNITCH TIE 7" X 9" X 10'
40.44
50
EA
2022
0401560
LUMBER, 2"X4 "X 8 FEET
3.00
4
EA
12
.1032010
CULVERT PIPE, 6 INCH STEEL
43.38
8
EA
347
.1033790
CULVERT PIPE BANDS
3.99
14
EA
56
1035570
CULVERT PIPE ELBOW 45 DEGREE FLEX
17.79
4
EA
71
12001370
SURGE PROTECTOR SP20 -2A TAB 585
70.11
2
EA
140
2002580
ARRESTER, GAS, 392SVSR2
21.33
1
EA
21
;2005690
BOND WIRE,1000 LF LENGTH,7 STRAND
0.40
100
LF
40
i2007O4O
NEB WELD BOND WIRE TK.CIRC.CONNEC
2.38
16
EA
38
X2009780
BOOTLEG WIRE CLAMP, 5/8 INCH INSU
1.23
16
EA
20
;2016830
WIRE DUCT, 2X3
9.54
16
EA
153
/2017510
WIRE DUCT COVER 2"
2.19
16
EA
35
12017620
WIRE DUCT COVER 3 "X6'
3.13 r
1
EA
3
12019530
ENCLOSURE,SHUNT,POLE MOUNTED.24X2
250.06
2
EA
500
12019560
EQUALIZER, H.D. TAB 583
9.22
5
EA
46
52021550
FOUNDATION,4',STEEL,FOR FLSHR /GAT
176.00
4
EA
704
52025240
HOUSE, 6X6 SIGNAL XING
3960.54
1
EA
3961
i2027350
CLIP BOARD - FOR SIGNAL PRINTS
6.44
1
EA
6
52027430
STEP BOX
12.81
1
EA
13
12028420
LIGHTNING ARRESTOR,CLR -COMM TAB 3
7.02
8
EA
56
i2029780
LIGHTNING ARR,HD TAB 582 W/O BASE
9.91
4
EA
40
52030010
LIGHTNING ARRESTOR CONN.STRIP
4.15
2
EA
8
52039210
RECTIFIER,20EC,12V.TAB575
440.00
3
EA
1320
52039540
RECTIFIER, FOR B1 P.O.RELAY
24.31
2
EA
49
52040460
RESISTER, ADJ. 5 OHM, TAB 90
12.75
1
EA
13
S20426SO
POST, MOUNTING, FOR SHUNT HOUSING
8.91
4
EA
36
52070010
TERMINAL,K12 -10 WIRE,RING TONGUE
0.44
450
EA
198
5207160:
TERMINAL,020 -16 WIRE,RING TONGUE
0.30
150
EA
45
52072280
TERMINAL BLOCK, SIGNAL 2 POST. BAK
2.25
26
EA
59
52072510
TERMINAL BLOCK,SIGNAL 3 POST TEST
6.29
2
EA
13
52072740
TERMINAL BLOCK, SIGNAL 12 POST 6
8.61
6
EA
52
52074550
TEST LINK, INSULATED ASSEMBLY TAB
0.67
24
EA
16
52076370
TRANSFORMER,CASE,60 CYCLE .310 KV
206.72
2
EA
413
52079550
WIRE TAG, PLASTIC - WHITE
0.08
100
EA
8
52079560
MARKING PEN(FOR WHITE TAG)
1.33
1
EA
1
52106820
FLASHER, COMPLETE W /15' 6" X 4" M
1420.75
2
EA
2842
52107670
FLSHR.&GATE COMB. ASSY. 2WMM.
4649.52
2
EA
9299
52109370
GATE ARM, ADJ.16 -32'
222.99
2
EA
446
52122140
HIGH WIND BRACKET 5"
63.73
2
EA
127
52130650
GATE ARM SHEAR BOLT
0.44
4
EA
2
52203400
DETECTOR, LIGHT OUT, LOD-1
492.79
2
EA
986
52233100
RSI NODULE-FOR HXP -3
1094.33
2
EA
2189
52246000
RESISTOR,47,000 (47K) OHM .5 WATT
0.25
4
EA
1
52256680
SHUNT,NBS -1 -10 392 HZ.
216.53
2
EA
433
52263600
SURGE ARRESTOR,METER LOOP.
23.89
1
EA
24
PAGE 05 MORE
PROJ NO: 26565
A.W.O. NO: 26241
N.O. NO:
B.I. NO: 97EN10
STATE: CO
VAL SEC: 0502V
FORM 30 -1 PAGE 06 MORE
WORK ORDER AUTHORIZATION- DETAIL OF ESTIMATED EXPENDITURES
ST START: 01 -01 -98 PROJ NO: 26565
ST COMP: 12-31 -98 A.W.O. NO: 26241
N.O. NO:
AILROAD: UPRR CO. B.I. NO: 97EN10
OCATION: 26TH ST. PUEBLO,CO. CO.SPRINGS SUB STATE: CO
EPARTMENT: ENGINEERING SERVICES VAL SEC: 0502V
------------------------------------------------------------------ --- -- ------- --- -- ----- -------
2263640
MDSAIA,SURGE PANEL,TAB 565,F0R HX
201.04
1
EA
201
2276050
CROSSING ANALYZER, HCA -1
1700.46
1
EA
1700
2276550
CROSSING MODEM, MCA
273.14
1
EA
273
2280780
CROSSING PROCESSOR, HXP -3R2
12583.18
1
EA
12583
•2726820
RELAY, FLASHER TAB 887
318.79
1
EA
319
•2728800
RELAY, B1LC. TAB 911 A62 -310
273.25
2
EA
547
.2745830
RELAY,NEUTRAL, B1 TAB 884 8 884A
235.97
2
EA
472
2752390
RELAY,BISR. 3 SEC. TAB 893
425.99
1
EA
426
2764420
RELAY, POWER TRANSFER TAB 890
438.99
2
EA
878
:2773760
RELAY BRACKET, FOR B1 RELAYS
300.00
1
EA
300
:2776370
RELAY PLUGBOARD,GRS B1,TAB 900
33.20
8
EA
266
;2777970
FLAG TERMINAL, FOR GRS, 14-10
1.06
100
EA
106
12778110
FLAG TERMINAL, FOR GRS, 20-16
0.85
100
EA
85
12779280
RELAY TEST TERM,GRS B1 TAB7709864
6.90
8
EA
55
12959000
POWER TAP MATERIAL
1000.00
1
EA
1000
12973600
TELEPHONE LINE - CELLULAR
1400.00 r
1
EA
1400
i3311490
EXTRACTOR FOR "B"TERMIMALS P3 -308
9.88
1
EA
10
;3311510
TEST NUT WRENCH. GRS #P3 -320
15.32
1
EA
15
;3648010
INSULATING CAP i SHIELD ASSY.
2.07
10
EA
21
i3918230
BOND WIRE CLIP, SBA -248
1.41
16
EA
23
;4004000
131 -136# CONCRETE XING 10'L0NG -10
972.74
6
ST
5836
54019000
CONC XING END PLATE FOR WOOD TIES
79.09
1
ST
79
;4019500
RUBBER FLANGEWAY FILLER, 112 -140#
360.07
6
ST
2160
55001190
ENGINEERING FABRIC, 12 FEET 6 INC
153.66
1
RL
154
55016480
RAIL ANCHOR 6" BASE HD CHANNELOC
0.89
208
EA
185
55067070
TRK SPIKE 5/8 X 6 1/4 IN 200# KEG
49.53
1
KE
91
55113600
RAIL 136# SS BBE NEW
10.60
160
LF
1696
55255260
FIELD WELD KIT, 133# ONE SHOT
59.62
4
EA
238
55264570
PACKING SAND, PRE -MIXED (PER SACK
22.54
0
CA
18
55264930
REFRACTORY PASTE
1.83
1
EA
2
55453340
TIE PLATE 8 -1/2 X 16, 6" BASE RAI
6.29
104
EA
654
56207660
BALLAST, CLASS 1 "D"
5.13
95
TN
487
TOTAL 68,115
FORM 30 -1
WORK ORDER AUTHORIZATION- DETAIL OF ESTIMATED EXPENDITURES
ST START: 01 -01 -98
ST COMP: 12 -31 -98
AILROAD: UPRR CO.
OCATION: 26TH ST. PUEBLO,CO. CO.SPRINGS SUB
)EPARTMENT: ENGINEERING SERVICES
PACE 07 MORE
PROJ NO: 26565
A.W.O. NO: 26241
N.O. NO:
B.I. NO: 97EN10
STATE: CO
VAL SEC: 0502V
105
ACCT
UNIT
TOTAL CHRGABLE
TO
10.
---
NO.
-- --
DESCRIPTION
------ ---------- -- - - ---- --
QTY UM COST
- -- -- -- ----
LABOR
MATERIAL
P.I. O.E.
OTHER
!
!VAL SEC: 0502V !
--
! !
------
!
- -- -
!
-- -- ---- - --
---- -- - -- -- - ---
-- -- -- - --
! ** NON JOINT FACILITY * *!
! !
!
!
!
!
!
! !
! !
!
!
!
!
!
! ** MAIN LINE rE* !
t !
!
e
r
!
!
! !
! !
!
!
!
!
!
1
! 039
! ENGINEERING !
! !
!
3503!
!
!
! TRACK W/C 17001!
! !
!
!
!
!
!
! SIG—HWY XNG W/C 34001!
! !
!
1137!
!
!
!
!
! LABOR ADDITIVE 75% !
! !
!
3480!
!
! !
!
!
!
!
!709- 0021 -00010
JOB TOTAL !
! !
!
8120!
!
!
! 8120
3
! 008
! XTIE !
50!EA!
!
!
2022!
!
! XTIES —UNLD W/C 10003!
!MD!
!
187!
!
!
!
!
! XTIES — RENEW/ W/C 10005!
19!MD!
!
4242!
!
!
!
! LABOR ADDITIVE 75% !
! !
!
2047!
!
!
! !
! !
!
!
!
!
!709 - 0021-00010
JOB TOTAL !
! !
!
6476!
2022!
!
! 8498
5
! 009
! RAIL !
160!LF!
!
!
1696!
! ITEM NBR: 551 1360 0 !
160!LF! 10.60
!
!
!
!
!
r
! WELD !
! !
!
!
258!
!
!
RAIL — UNLD/ W/C 12003!
!MD!
!
31!
!
! RAIL — REPLAC W/C 12005!
3!MD!
!
688!
!
!
FIELD WELD — W/C 13004!
4!MD!
!
910!
!
MATL STORE EXPENSE !
! !
!
!
12!
!
!
LABOR ADDITIVE 75% !
! !
!
740!
t
!
r
!
! !
! !
!
!
!
!
!709- 0021 -00010
JOB TOTAL !
! !
!
2369!
1966!
!
! 4335
7
! 010
! OTM !
! !
!
!
1084!
!
! OTM UNLD /DIS W/C 14003!
!MD!
!
31!
!
! OTM REPLACE/ W/C 14005!
2!MD!
!
500!
! MATL STORE EXPENSE !
! !
!
!
54!
! LABOR ADDITIVE 75% !
! !
!
245!
!
!
! !
! !
!
!
!
!
!709 - 0021 -00010
JOB TOTAL !
! !
!
776!
1138!
!
! 1914
!
! !
! !
!
!
!
!
!
9
! 011
! BALAST !
1!CL!
!
!
487!
- --
- - --
! TRK— SURF,LIN W/C 17009!
-- -------- ------ -- - - - - -- -
9!MD!
- ----- -- - - - - --
!
--
1937!
- - - ----
!
--- -- -- -- ---
- - - - -- --- - -- - --
--- -- - - --
FORM 30 -1 PAGE 08 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
ST START: 01 -01 -98 PROJ NO: 26565
ST COMP: 12 -31 -98 A.W.O. NO: 26241
N.O. NO:
AILROAD: UPRR CO. B.I. NO: 97EN10
OCATION: 26TH ST. PUEBLO,CO. CO.SPRINGS SUB STATE: CO
EPARTMENT: ENGINEERING SERVICES VAL SEC: 0502V
-------------------------------------------------------------------- ---- ------- -- ---- --- --- ----
*6
ACCT
UNIT
10.
--
NO.
- - --
DESCRIPTION
---- --- ----- --- --- - --
QTY UM COST
9
! 011
- -- - -
! BALLAST UNLD W/C 19003!
- - --- -- - - - ---
8!MD!
! LABOR ADDITIVE 75% !
! !
!
! !
! !
JOB TOTAL !
! !
11
! 027
! SIGNAL !
! !
SIG -HWY XNG W/C 34004!
127!MD!
SIG.- HWY.CRO W/C 34014!
8!MD!
! EQUIPMENT RENTAL !
! !
! PERSONAL EXPENSES !
! !
FOREIGN LINE FREIGHT !
! !
TRANSPORTATION CHARGES !
! !
! BILL PREP !
! !
USAGE EQUIPMENT !
! !
CONTRACT !
! !
! MATL STORE EXPENSE !
! !
LABOR ADDITIVE 75% !
!
!
! !
! !
JOB TOTAL !
! !
13
! 039
! RDXING !
60!TF!
! RDXING,PUB - W/C 20003!
!MD!
! RDXING,PUB -R W/C 20005!
13!MD!
! COMPANY EQUIPMENT USAGE!
! EQUIPMENT RENTAL !
! DRAINAGE WORK -40TH ST. !
!
! HOME LINE FREIGHT
!
! FOREIGN LINE FREIGHT !
!
! MATL STORE EXPENSE !
!
LABOR ADDITIVE 75%
!
! !
! !
! JOB TOTAL !
!
r
r !
! !
15
! 709
! FEDERAL /STATE !
!
!
! XTIE !
50!EA!
XTIES- RENEW/ W/C 10005!
3!MD!
XTIES - LOAD /P W/C 10006!
!MD!
LABOR ADDITIVE 75% !
! !
!
! !
! !
!
! !
! !
---
!
- - --
! JOB TOTAL !
------ -- -------- -- ------ -
! !
- - - - -- -- - - -- --
TOTAL CHRGABLE TO
LABOR MATERIAL P.I. O.E. OTHER
--- - -- --- --- - --- -- -- - - - - --- --- - - ---- --- - - -- --
1739! ! !
1679! ! ! !
!---------- ------- -�----- ----�---- -----� - -- -- ----
! ! !709- 0021 -00010
! 5355! 487! ! ! 5842
1 t f ! !
54013!
! 19918! ! !
1278! ! !
! 3000! !
12079!
! 1080! ! !
P ! 3672!
! 1195! ! ! !
! ! 5698!
5401! ! !
2700! !
15897! !
! ! ! !709- 0021-00010
38288! 87643! ! ! 125931
! ! ! ! !
! 8550! ! !
! 140! !
2990!
! ! 1850! !
4000!
1500! ! !
! 900! ! !
! 148!
427!
1446! ! ! !
! !709-0021 -00010
! 4576! 17375! ! ! 21951
r ! r ! !
803!
102! !
! 418!
! ! !709-0021-00010
1323! ! ! ! 1323
--- - - - - -- --- - - -- -- --------- --- - - - --- ---- - - - --
FORM 30 -1 PAGE 09 MORE
WORK ORDER AUTHORIZATION— DETAIL OF ESTIMATED EXPENDITURES
;T START: 01 -01 -98 PROJ NO: 26565
;T COMP: 12 -31 -98 A.W.O. NO: 26241
N.O. NO:
%ILROAD: UPRR CO. B.I. NO: 97EN10
)CATION: 26TH ST. PUEBLO,CO. CO.SPRINGS SUB STATE: CO
_PARTMENT: ENGINEERING SERVICES VAL SEC: 0502V
38
ACCT
UNIT
TOTAL CHRGABLE
TO
0.
--
NO.
- - --
DESCRIPTION
----- -- ---- -------
-- ---- - -
QTY UM
-- - -- --
COST
- -- - --
LABOR
MATERIAL
P.I. O.E.
OTHER
17
! 709
! FEDERAL /STATE
!
! !
---
!
- - ----
!
- --- --- -- --
!
-- - -- -- - -- - - -- --
!
--- -- - ---
r
!
! RAIL
!
160!LF!
!
!
!
!
e
! ITEM NBR: 551
1360 1 !
160!LF!
AT !
!
!
!
!
RAIL — REPLAC
M/C 12005!
!HD!
!
124!
!
RAIL — LOAD/
k/C 12006!
!MD!
!
14!
!
!
!
LABOR ADDITIVE
75% !
! !
!
64!
!
!
!
!
!
!
! !
!
!
!
!
!709 - 0021-00010
! JOB TOTAL
!
! !
!
202!
!
!
! 202
!
!
!
! !
!
!
!
!
!
19
! 709
! FEDERAL /STATE
!
! !
!
!
!
!
!
!
! OTM
!
! !
!
!
!
!
!
!
! OTM REPLACE/
N/C 14005!
!ND!
}
87!
!
!
!
!
! OTM LOAD /PIC
N/C 14006!
!HD!
!
50!
!
! RDXING,PUB —
N/C 20007!
!MD!
!
217!
LABOR ADDITIVE
75% !
! !
!
164!
!
!
!
!
!
!
! !
!
!
!
!
!709- 0021 -00010
!
! JOB TOTAL
!
! !
!
518!
!
!
! 518
21
! 709
! FEDERAL /STATE
!
! !
!
!
!
!
f
!
! SIGNAL
!
! !
!
!
!
!
!
SIG —HNY XNG
H/C 34007!
4!HD!
!
1000!
LABOR ADDITIVE
75% !
! !
!
750!
!709- 0021 -00010
JOB TOTAL
!
! !
!
1750!
!
!
t 1750
23
! 709
! FEDERAL /STATE
!
! !
!
!
!
!
t
!
! RDXING
!
! !
!
!
r
f
t
!
! ROXING,PUB —R
N/C 20005!
2!MD!
!
525!
! RDXING,PUB —
M/C 20006!
1!HD!
!
280!
!
!
!
! RDXING,PUB —)
k/C 20007!
5!HD!
!
1307!
!
!
LABOR ADDITIVE
75% !
! !
!
1584!
!
!
!
!
!
! !
!
!
!
!
!709- 0021 -00010
!
! JOB TOTAL
!
! !
!
3696!
!
!
! 3696
!
!
!
! !
!
!
!
!
!
f
1
t
t t
t
t
t
t
1
f
t
t
t 1
t
t
t
1
1
- --
- - --
------------------
---
!
- ---
!PROJECT TOTALS
------ -- ----- ----
- - - - -- -
26565 !
--- -- -- -
- - - - -- --
! !
- - -- -- --
- - - - -- ---
!
- - - - -- ---
- - - - --
73449!
- - -- --
--- - - - - -- ---
110631!
-- - - - - --- ---
- - - - -- --- - - - - --
!
---- -- - -- - - - ---
--- - - - - --
! 184080
--- - - - - --
i ! 11111111
FORM 30-1 PAGE 10 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
:T START: 01 -01 -98 PROJ NO: 26565
:T COMP: 12 -31 -98 A.N.O. NO: 26241
W.O. NO:
LILROAD: UPRR CO. B.I. NO: 97EN10
)CATION: 26TH ST. PUEBLO,CO. CO.SPRINGS SUB STATE: CO
:PARTMENT: ENGINEERING SERVICES VAL SEC: 0502V
)B
ACCT
UNIT
TOTAL CHRGABLE
TO
).
--
NO.
- - --
DESCRIPTION
---- -- ------ ------ --
- - -- - -
QTY UM
- - --
COST
LABOR
MATERIAL
P.I. O.E.
- -- -- ---
OTHER
- --
- -- ---
---
- - - - -- ---
-- - - -- ---
- - - - - --
- -- - - - - --
r
r
r
r
r
r
r
r
r r
r
r
r
r
r
r
r
r
r r
r
r
r
t
!
!t
!
!
! !
!
!
!
!
!
!
!
!
! r
!
!
!
!
!
r
!
!
! !
r
r
!
r
!
!
r
r
r !
!
r
!
!
!
!
!
!
ACCT
709 SUBTOTAL
!
184080
!ESTIMATE TOTALS
!
!
!
!
73449!
110631!
! !
184080
:STIMATED BY: ESGN005 CID*: 61143 00
)ATE: 12-03-1997 APPROVED BY:
TOTAL ESTIMATED EXPENITURES: $184,080
APPROVED BY:
WORK ORDER AUTHORITY-DETAIL OF ESTIMATED CREDITS
ST ST.IT: OV -01 -98 PROJ NO: 26565
ST COMP: 12 -31 -98 A.N.O. NO: 26241
W.O. NO:
AILROAD: UPRR CO. B.I. NO: 97EN10
OCATION: 26TH ST. PUEBLO,CO. CO.SPRINGS SUB STATE: CO
EPARTMENT: ENGINEERING SERVICES VAL SEC: 0502V
-----------------------------------------------------------------------------------------------
OB ACCT LEDGER
40. NO. DESCRIPTION SALVAGE VALUE
-- -- -- - --- --- -- ------- -- - - -- -- - ------ -- - - - --- --- - - -- -- --- -- ---- --- - - - - -- --- ---- -- - -- - - ----
WAL SEC: 0502V ! ! ! ! ! !
! ! ■* MAIN LINE ** ! ! ! ! ! !
)00 RET. BALAST
)01 RET. XTIE 50 EA
)02 RET. RAIL 160 LF
)03 RET. OTM t
)04 RET. SIGNAL
905 RET. RDXING
ESTIMATED CREDIT TO 'RESERVE FOR ROAD PROPERTY TO BE RETIRED AND REPLACED' ................ $
ESTIMATED CREDIT TO 'RESERVE PROPERTY RETIRED AND NOT TO BE REPLACED' .... ................ S
ESTIMATED CREDIT TO 'EQUIPMENT RETIRED' .................... ............................... S
ESTIMATED CREDIT TO ........................................ ............................... S
ESTIMATED BY: ESGN005 CID#: 61143 000
DATE: 12 -03 -1997 APPROVED BY:
APPROVED BY:
O 3
------------------------------------------------------------------- - - - - --
.
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r
EXHIBIT C
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 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 Eauilment 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.
�i
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Staff Design, �/'
Construction Contracts Unit O "
4201 East Arkansas Ave., Rm. 404
Der"', Colorado 80222 -3400
(303) 77 -9344
June 17, 1997
Ms. Susan K. Grabler
Manager Industry & Public Projects
Union Pacific Railroad
1860 Lincoln St., 5th Floor
Denver, CO 80295
Dear Ms. Grabler:
The State and the Railroad desire to expedite this project, to the extent lawfully possible, before the
project contract is executed, by the performance of essential pre - contract services. Therefore,
pursuant to section 43 -1 -110, C.R.S. and to section 7- 101.06 of the State Procurement Code, 1 CCR
101.9 (4/87), this letter is the State's authorization to The Denver & Rio Grande Railroad/Southern
Pacific Transportation/Union Pacific Railroad to perform the preliminary engineering services,
including cost estimating and preparation of general layout plans, required for CDOT Project No.
NH- IR(CX) 025 - 1(126), 91143, I 25 /SH 47 /SH 50 Interchange in Pueblo, Colorado; for Dillon
Drive, National Inventory No. 254 -384N; for 40th Street, 253 -137T; for 26th Street, 253 -141H; for
State Highway 47, 253 -138A, provided, however, that the Railroad understands and agrees that this
authorization is subject to the following conditions:
a) the authorization is for the maximum amount of $10,000 (Dillon
Drive /40th Street/26th Street $6,000) and ($4,000 SH 47),
and only for preliminary engineering services performed after
the date of this notice. Services performed prior to the date of
this notice are not reimbursable by the State; and
b) the Railroad shall not exceed the maximum amount described
in a) above without first obtaining further authorization, in writing,
from the State; and
c) the State will reimburse the Railroad only for costs that are
actually and reasonably incurred in the performance of such
services, subject to the maximum amount described above, and
the State will make such reimbursement to the Railroad only if a
project contract is later executed providing for such payment.
The performance of such services shall be subject to all terms
and conditions of that project contract.
.,a J
Page 2
June 17, 1997
The preliminary engineering shall consist of 1) the Railroad's estimate for flagging and protective
services during periods of construction at both Dillon Drive and SH 47, and 2) a general plan for
removing the railroad signal devices from 40th Street and replacing same at 26th Street, showing both
crossings, the type(s) and location of crossing warning devices to be removed from 26th Street and
installed at 40th Street, and the approximate approach lengths and/or warning time for the devices
along with an itemized estimate. Said itemized railroad signal estimate shall take into account the
value of all existing material that can be salvaged and/or scrapped. If there is no salvageable and/or
scrapped material that has value, the estimate shall so state. The State shall be afforded the
opportunity to inspect salvaged and/or scrapped material. The plans and estimate when and as
approved by the FHWA and the parties hereto, shall govern the installation of the grade crossing
warning devices.
Under section 7- 101.06 of the State's Procurement Code, 1CCR 101.9 (4/87), the preliminary
engineering that is an essential "pre- contract cost" can be authorized prior to the execution of the
contract for the project, but only if such authorization is made subject to the above conditions.
The State considers the preliminary engineering function 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. If the preliminary engineering is performed now, the traveling public will
ultimately benefit when the improvements have been made.
This authorization is for preliminary engineering services only and is not for the actual
performance of the project work. The date of this authorization is shown above. Any preliminary
engineering services performed before that date, or in excess of the amount authorized, will not be
eligible for reimbursement by the State.
In accordance with 23CFR, Part 140, Subpart I, these costs are subject to subsequent audit, and the
Railroad is responsible for providing adequate documentation to substantiate these costs.
If you have any questions, please contact Dana Johnson at (303) 757 -9353.
Sincerely,
A ames E. Siebels
Chief Engineer
Director of Engineering, Design, & Construction
Colorado Department of Transportation
cc: David Miller, Region 2 Hal Johnson, St. Design
Shirley Johnson, Projects & Grants Pam Thompson, OFMB
Jim Daves, FHWA (3015/3020 by FHWA 4/1/91) Bruce Johnson/File
STATE OF COLOR A O
DEPARTMENT OF TRANSPORTATION
Staff Design, Construction Contracts Unit
4201 East Arkansas Ave., Rm. 404
Denver Colorado 80222 -3400
(303) 7,7 -9344
January 5, 1998
Ms. Susan Grabler
Manager Industry & Public Projects
Union Pacific Railroad
1860 Lincoln St., 2nd Floor
Denver, CO 80295
Dear Ms. Grabler:
O
This letter authorizes the Union Pacific Railroad to order the materials required for CDOT Project
No. SP 0471 -021, 11931, I 25- East/Dillon Dr. -North & South, Pueblo, Colorado, National Inventory
Crossing ID No. 253 -137T, 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 $110,631 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.
January 5, 1998
Page 2
SP 0471 -021
11931
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,
�--z4u
James E. Siebels
Chief Engineer
Director of Engineering, Design & Construction
Colorado Department of Transportation
cc: Torres, R -2
Miller, R -2
Pam Thompson, OFMB
Hal Johnson, St. Design
Shirley Johnson, Projects & Grants
Central Files
Bruce Johnson/File
C%0.RAD0 DEPARTMENT OF TRANSPORTATION .
CONTRACT FUNDING INCREASE/DECREASE AND PPROVAL LETTER
State Controller Policy letter on June 12, 1996
Region: Complete section 1 and submit to CDOT Controller's office.
CDOT Controller letter on May 23, 1996.
This form to be used for the following contracts/situations only (check the appropriate situation): 6
i ndefinite quantity, order more /add more utility/railroad, underestimated total cost L ,
"T F
CDOT construction, sum of CMO's _LA construction, underestimated cost
CDOT construction, underestimated total cost ,CDOT consultant, underestimated cost
SECTION 1 (Region use)
Date:
Project code
To: CDOT Controller (FAX #(303) 757 -9573 or e-mail CONTROLLER)
Project #
From:
Office:
Phone #
FAX #
Region #
CDOT has executed a contract with:
Address:
FEIN #
Contract routing #
COFRS encumbrance # (indicate PO, SC or PG #)
Fund
Orgn.
Appro.
Prgrm.
Func.
Object/Sub -obj N/P
GBL
Reporting Catg.
ProySub/Phase
Original contract amount
Has a Budget Request been processed to cover the contract amount increase?
$
fires no
Previous Funding Letter(s) total
Preparer's name
(Furdrq fetter #1 thru
PHONE NO:
This Funding Letter total
Contract Administrator's/Business Manager's Approval
$
( #�
PHONE NO:
Adjusted contract amount
CDOT Designee Approval
$
j
Local Agency approval
I SECTION 2 (Controller's Office use)
Total allotment amount
Commission budget
If construction:
CE charges
Indirect chgs
Adjusted contract amount plus total CE & indirect
CE pool elig.
$
$
charges calculation $
I have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover
this increase, effective as of
State Controller or Delegee
Date
COOT Forrn #1/86a
7/97
Y D U
_,A �U�
ED
OFFICE OF THE CITY ATTORNEY
127 Thatcher Building
PUEBLO, COLORADO 81003
MEMORANDUM
TO: Members of the City Council and City Manager
FROM: Thomas J. Florczak, Assistant City Attorney
DATE: July 16, 1998
RE: Contract For Railroad Crossing Modifications
i�aoo� � -z7 -98
Portions of the overall modifications to the I -25 and Highway 50 traffic corridor by the Colorado
Department of Transportation ( "CDOT ") involve changes affecting the City street system at two
existing and one new railroad crossings. These are summarized as follows:
Closure of the 40th Street railroad crossing to vehicular traffic (while reserving a
public easement and crossing for present and future water, sewer, gas, power, heat, communications,
drainage and other public utilities and uses) and removal of the present warning devices; and
2. Installation of modern grade crossing warning devices at 26th Street consisting of
flashing lights with gates and flashers; and
Construction of a new $3.2 million grade separation structure (bridge) over the
railroad tracks at the planned extension of Dillon Drive north of Highway 47.
The enclosed Contract provides for the first two crossing modifications described above. As
negotiated and presented, under this Contract the entire construction cost of the modifications will
be paid for by the CDOT and the Union Pacific Railroad. Upon completion of the work, the City's
responsibility will be limited to maintaining the roadway approaches to 40th Street after its closure
as a vehicle crossing, including advance warning signs and pavement markings.
The third item above, the new Dillon Drive bridge, will be the subject of a separate contract still
being negotiated. However, the parties have resolved most of the issues and have, subject to Council
approval, tentatively agreed that the CDOT and Union Pacific will share the full cost of construction
of the bridge which will be turned over the City after completion as part of the local street system.
After completion and acceptance, the City will be responsible for maintenance of the bridge and the
railroad will be responsible for maintenance of its facilities. When the remaining issues are resolved,
we will present that contract to City Council.