06-12-2007 UNION PACIFIC RAILROAD COMPANY RESOLUTION 07-21 APPROVING IMPROVEMENTS TO EXISTING PUBLIC ROAD AT GRADE CROSSING FOR WEST BEAVER CREEK BLVDTOWN OF AVON, COLORADO
RESOLUTION 07-21
Series of 2007
A RESOLUTION APPROVING IMPROVEMENTS TO EXISTING PUBLIC ROAD AT
GRADE CROSSING FOR WEST BEAVER CREEK BOULEVARD, DOT 1762993, M.P.
308.91 TENNESSEE PASS SUBDIVISION', TOWN OFAVON, EAGLE COUNTY,
COLORADO
WHEREAS, the Town has requested that Union Pacific Railroad improve the
existing West Beaver Creek Boulevard at grade crossing at Mile Post 308.91, Tennessee Pass
Subdivision. DOT No. 176299J, in the Town of Avon, Eagle County, Colorado ; and
WHEREAS, the Railroad is agreeable to said improvements, solely upon the terms
and conditions set forth in the Agreement attached hereto as Exhibit A; and
WHEREAS, the Town of Avon agrees to reimburse the Railroad for fifty percent
(50%) of all actual costs of the railroad performing the improvements, which are estimated to total
$120.438.00. The Town of Avon contribution is not to exceed $65.000.00.
NOW, THEREFORE, BE IT RESOLVED, The Agreement for Improvements to
Existing Public Road At-Grade Crossing for West Beaver Creek Boulevard, DOT 176299.1. M.P.
308.91, Tennessee Pass Subdivision. Town of Avon, Eagle County, Colorado is hereby approved.
ADOPTED at the regular meeting of the Town Co o he Town of Avon the
12'x' day of June, 2007. 1
C°
Ronald C. Wolfe. Mayor
Public Road Improvement 12/04/00
Estimated Costs
Form Approved-AVP Law
Iffiprovements to Existing Public Road At Grade Crossing
For West Beaver Creek Road, DOT 176299J
M.P. 308.91 Tennessee Pass Subdivision
Avon, CO
t
THIS AGREEMENT, executed in duplicate this ka - day t~rati(hereinafter 2007, by and
between UNION PACIFIC RAILROAD COMPANY, a Delaware the
"Railroad"), and TOWN OF AVON, a municipal corporation of the State of Colorado (hereinafter
the "Political Body"), WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to improve the existing West Beaver Creek
Road crossing, at grade, along, over and across the Railroad's track and right of way at mile post
MP 308.91, Tennessee Pass Subdivision, DOT No. 1762993, in the Town of Avon, Eagle County,
Colorado to which the Railroad is agreeable, but solely upon terms and conditions hereinafter set
forth.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and conditions
hereinafter set forth, the parties hereto agree as follows:
. 1. The Railroad shall furnish all labor, material, equipment and supervision for, and
shall (a) remove the existing timber crossing, (b) install a 40 ft. precast concrete crossing, (c) field
weld rail, (d) relay main track at crossing with 136# rail, (e) relay the siding track at the crossing
with 115# rail (f) renew the crossties, (g) saw cut the pavement, (h) install asphalt paving on the
crossing approaches, and (i) surface the track with new ballast, all at the intersection of the
Railroad's tracks with West Beaver Creek Road at Mile Post 308.91 in Town of Avon, Eagle
County, Colorado, as shown generally on Railroad's print dated May 15, 2007, marked Exhibit A,
hereto attached and hereby made a part hereof.
2. The Railroad estimates the Railroad's cost of performing the work described in
Section 1 to be One Hundred Twenty Thousand Four Hundred Thirty Eight Dollars ($120,438.00)
as set forth in Railroad's Material and Force Account Estimate dated April 24, 2007 marked
Exhibit B, attached hereto and hereby made a part hereof. The Political Body agrees to reimburse
the Railroad for fifty percent (50%) of all actual costs incurred by Railroad in performing such
work. During the performance of such work the Railroad will provide progressive billing to
Political Body based on Railroad's actual costs. Actual costs to the Railroad shall include
customary additives (which includes its overhead and indirect construction cost) to materials,
services and labor provided by the Railroad. Within 120 Days after Railroad has completed its
work, the Railroad will submit a final billing to Political Body for any balance owed. Political Body
shall pay the Railroad within thirty (30) days of its receipt of all bills submitted by the Railroad.
3. The Railroad, at its cost, shall maintain the crossing between the track tie ends. If,
in the future, it is determined that the crossing requires replacement, the cost of this work will be in
accordance with Colorado PUC regulations.
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Public Road Improvement 12/04/00
Estimated Costs
Form Approved-AVP Law
4. The Political Body, at its sole cost and expense, shall provide all labor, material and
equipment associated with traffic control, barricades, detour signing, advanced warning signs and
pavement markings. All such work shall be in compliance with the current Manual on Uniform
Traffic Control Devices.
5. If Political Body's contractor(s) is/are performing any work described in Section 4
above, then the Political Body shall require its contractor(s) to execute the Railroad's standard and
current form of Contractor's Right of Entry Agreement. Political Body acknowledges receipt of a
copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and
requirements, and will inform its contractor(s) of the need to execute the Agreement. Under no
circumstances will the Political Body's contractor(s) be allowed onto the Railroad's premises
without first executing the Contractor's Right of Entry Agreement.
6. Fiber optic cable systems may be buried on the Railroad's property. Protection of
the fiber optic cable systems is of extreme importance since any break could disrupt service to users
resulting in business interruption and loss of revenue and profits. Political Body or its contractor(s)
shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time,
Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number
for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises
to be used by the Political Body or its contractor(s). If it is, Political Body or its contactor(s) will
telephone the telecommunications company(ies) involved, arrange for a cable locator, and make
arrangements for relocation or other protection of the fiber optic cable prior to beginning any work
on the Railroad's premises.
7. The Political Body, for itself and for its successors and assigns, hereby waives any
right of assessment against the Railroad, as an adjacent property owner, for any and all
improvements made under this agreement.
8. Covenants herein shall inure to or bind each party's successors and assigns;
provided, no right of the Political Body shall be transferred or assigned, either voluntarily or
involuntarily, except by express written agreement acceptable to the Railroad.
9. The Political Body shall, when returning this agreement to the Railroad (signed),
cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of
the Political Body, passed and approved as by law prescribed, and duly certified, evidencing the
authority of the person executing this agreement on behalf of the Political Body with the power so
to do, and which also will certify that funds have been appropriated and are available for the
payment of any sums herein agreed to be paid by Political Body.
C:ID-..,.i, and S111i.p1\-g45MM. DorumenWAA.,&Ag -m,Av- CO Beaver C-k Rd - S2la.A.
Public Road Improvement 12/04/00
Estimated Costs
Form Approved-AVP La-A•
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the
date and year first hereinabove written.
UNION PACIFIC RAILROAD COMPANY
By
Title:
CADoeumenn and Se11ingA-f453VAy D-umentstN ord\Agreements~Avon. CO West Beaver Creek Rd - SuStace dor
Pursuant to Resolution/Order
dated 01 - d ,
hereto attached.
OTTNNW RD
Avon, Colorado
1 -
k Proposed 4n• Concrete Crossing SuAaces
Date use subject to license • R
02004 Defame. Sbee! Alias USAO2005. 0 160 320 480 640 800
www.uedame.com MN (10.2- E? Data Zoom 14.6
Exhibit "A"
UNION PACIFIC RAILROAD COMPANY
Proposed 40' Concrete Crossings for
West Beaver Creek Road
(DOT 176-299J)
for
Town of Avon, Colorado
MP 308.91 Tennessee Pass Subdivision
Date: 5/15/2007
DATE: 2007-04-24
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2007-10-23
DESCRIPTION OF WORK:
INSTALL 2 CONCRETE PAD ON WOOD TIE ROAD CROSSING SURFACES INCLUDING:
TIES, PAIL,PADS,OTM AND BALLAST AT WEST BEAVER CREEK RD IN AVON CO. MP
308.91 ON THE TENNESSEE PASS SUB. 136LB MATERIAL TO BE INSTALLED ON THE
MAIN TRACK AND 115LB ON THE SIDING. CITY OF AVON TO PAY 50% AND UNION
PACIFIC TO PAY 50%.
PID: 58859
AWO:
MP,SUBDIV: 308
.91, TENNESSEE
SERVICE UNIT: 14
CITY: WOLCOTT
STATE: CC
DESCRIPTION
- -
QTY UNIT
LABOR MATERIAL
RECOLL
UPRR
TOTAL
ENGINEERING WORK
ENGINEERING
1000
500
500
1000
LABOR ADDITIVE 232°%
2320
1160
1160
2320
TOTAL ENGINEERING
-
-
3320
-
1660
1660
3320
TRACK s SURFACE WORK
BALAST
2.00 CL
4374
1332
2852
285,9
5706
CONTINGENCIES
10950
5475
5475
10950
EQUIPMENT RENTAL
5000
2500
2500
5000
FIELD WELD
96
4E
48
96
LABOR ADDITIVE 232*
33484
16930
16554
33484
MATL STORE EXPENSE
553
276
277
553
OTM
1300
948
1122
1126
2248
RAIL
340.00 LF
1766
5415
3589
3592
7181
RDXING
80.00 TF
SOS:
12885
10294
10672
20966
SALES TAX
1170
584
586
1170
SAW CUT RD
2000
1000
1000
2000
TRK-SURF,LIN
4750
2374
2376
4750
WELD
3156
777
1966
1967
3933
XTIE
100.00 EA
-
11076
8005
9540
-
9541
19081
TOTAL TRACK S SURFACE
-
68083
49035
-
58559
58559
117118
LABOR/MATERIAL EXPENSE
RECOLLECTIBL£/UPRR EXPENSE
ESTIMATED PROJECT COST
EXISTING REUSEABLE MATERIAL CREDIT
SALVAGE NONUSEABLE MATERIAL CREDIT
71403 49035
60219 60219
120438
RECOLLECTIBLE LESS CREDITS
0
0
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.
(06 SPO P;FONT 7;SCPI 15;SLM .50;EXIT;'
FORM 30-i
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
RAILROAD: UPRR CO.
LOCATION: AVON,CO,W BEAVER CREEK ROAD
DEPARTMENT: ENGINEERING SERVICES SERVICE UNIT: 14
INSTALL 2 CONCRETE PAD ON WOOD TIE ROAD CROSSING SURFACES INCLUDING:
TIES, RAIL, PADS, OTM AND BALLAST AT WEST BEAVER CREEK RD IN AVON CO. MP
308.91 ON THE TENNESSEE PASS SUB. 136LB MATERIAL TO BE INSTALLED ON THE
MAIN TRACK AND 115LP ON THE SIDING. CITY OF AVON TO PAY 50% AND UNION
PACIFIC TO PAY 50$.
PAGE 01 MORE
PROJ NO: 58859
A.W.O. NO:
W.O. N0:
B.I. NO: 07EN20
STATE: CO
VAL SEC: 0504A
1
FORM 30-1 PAGE 02 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
PROD NO: 58859
A.W.O. NO:
W.O. NO:
RAILROAD: UPRR CO. B.I. NO: 07EN10
LOCATION: AVON,CO,W BEAVER CREEK ROAD STATE:. CO
DEPARTMENT: ENGINEERING SERVICES VAL SEC: 0504A
SCOPE OF WORK
PROJECT
VAL
M.P.
M.P. JOINT
NUMBER
SEC STATE
FROM
TO SEGMENT FACILITY
58859
0504A CO
308.91
308.91 4736
PROJECT NUMBER 58659
M.F. M.P. TRACK SEGMENT NUMBER NUMBER OF TNS OF TRACK
FROM TO TYPE NUMBER OF XTIES SWTIES BALAST FEET LINE
308.91 308.91 SIDE 4736 0 0 95 0 0
306.91 308.91 SIMN 4736 0 0 95 0 0
FORM 30-1 PAGE 04 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
PROD NO: 58859
A.W.O. NO:
W. 0. NO:
RAILROAD: UPRR CO. B.I. NO: 07ENIO
LOCATION: AVON,CO,W BEAVER CREEK ROAD STATE: CO
DEPARTMENT: ENGINEERING SERVICES VAL SEC: 0504A
- STOCK MATERIAL PLAN
ITEM
ITEM
UNIT
DIRECT
NUMBER
DESCRIPTION
COST
QTY UM
MATL $
13054000
-
TIMBER SPIKE, TORXHEAD 3/4" X 12"
1.30
180 EA
234
50279750
XTIE 7"X9"X10' PREPLT FOR 5 1/2"
80.07
50 EA
4004
50219990
XTIE 7"X9°X10' PREPLT FOR 6" RAIL
80.05
50 EA
4003
50361010
ECL2055 GALV RH E-CLIP PA
2.37
400 EA
948
54002000
ASPHALT, CROSSING FILL
30.00
60 TN
1800
54002020
CROSSING,CO14CRETE-1150 RAIL(IOW)
1088.5E
5 ST
5443
54013010
XING,CONC.133-1410RL(IOW) .8'PAN£
1081.97
5 ST
5410
55111800
RAIL 1150 RE HIGH CARBON BBE
14.35
160 LF
2296
55113900
RAIL 1360 HC BLANK NEW
17.33
180 LF
3119
55255160
FIELD WELD KIT, 112#(/115}1 ONE SH
59.64
6 EA
358
55255300
FIELD WELD KIT, 1360 ONE SHOT
59.85
6 EA
355
55264570
PACKING SAND, PRE-MIXED (PER SACK
22.45
2 CA
54
55264930
REFRACTORY PASTE
1.63
4 EA
7
56207660
BALLAST, CLASS 1 "D"
7.02
190 TN
1334
TOTAL 29,369
MATL STORE EXP 557
SALES TAX 1,174