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 qq orrl3 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 ------------------------------------------------------------------- - - - - -- . . mt■n8a &SSSm, § -_ i (k§\ = o =erg F- 0 k �kkk 0 \\ \ - x\E\ / § uu \f .. ±e 7; §§ u\ O u <r _j & $ ;2 ° / d I » §K § _ / §w � \ . . �� / ( ■ ■2 |A ~ k� ~ � |n § §k a z � ! � .�� a In � '��§ / /�� a 2 ) \ ` § k }) . . -c - s k „ . ) \ !M &w a w § 3 � - 4 k xw � k e w! g { $ - `° ( \�77 §2 !�( A W � � � ;r- w me & E33mm . O 3 ------------------------------------------------------------------- - - - - -- 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.