TC Res. No. 2007-21 APPROVING IMPROVEMENTS TO EXISTING PUBLIC ROAD ATTOWN 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 176299J, 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 ExhibitA; 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 1'76299J, 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 e Town of Avon the
12th day of June, 2007.
-41
Ronald C. Wolfe, Mayor
ATTEST:~~
s f.r
atty c enny, To C 0' A L
r- -
Public Road Improvement 12104100
Estimated Costs
Form Approved-AW Law
Ii! iprovements to Existing Public Road At Grade Crossing
For West Beaver Creek Road, DOT 1762994
M.P. 30891 Tennessee Pass Subdivision
Avon, CO
V
THIS AGREEMENT, executed in duplicate this la day of 21 2007, by and
between UNION PACIFIC RAILROAD COMPANY, a Delaware ration (hereinafter 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 Mille Post
MP 308.91, Tenniessee Pass Subdivision, DOT No. 1762994,; 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 TS 'ItIMI E, 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
shall (a) remove the existing timber cro for, and
sshig, (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 cat the pavement, (h) install asphalt paving on the
crossing approaches, and (i) surface the track with new ballast, all _ at the intersection of Me
Railroad's tracks with West Beaver Creek Road at Mite Post 30891 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 Ito be One Hundred Twenty Thousand Four Rundred 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.te reimburse
the Railroad' for flay percenu (50%) of all actual costs incurred by Railroad in performing such
work. Daring 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
castomary additives (which includes its overhead and indirect construction cost) to materials,
services and labor provided, by the Railroad. Within 120 Days after Raf fad 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. r
W, CD WW BMW C.& 3W - 111~
Public Road Improvement-12 QiOO
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 maybe 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
result II lug 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.
9.1 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 Iwith the power so
to do, and which also wilt certify that funds have been appropriated and are available for the
payment of any sums herein agreed to be paid by Political Body.
eow.useWrcrta:ad.
t
Public Road Improvement 12/w/00
Estimated Costs
Form Approved-AVP Law
IN WITNESS WEMMOF, the parties hereto have duly executed this Agreement as of the
date and year first hereinabove written.
Y
ATTEST:
tf~'q s
C Clerk
UNION PACIFIC RAILROAD COMPANY
By
Title:
C%M*w=wXod&ulaykent453M7VMmad6woed1AV m AVG4COwenBmwCmei8d"ssrmdw
Pursuant to Resolution/Order
dated 61 - d 1
hereto attached.
df.
t'
TOWN 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
$12.0,438.00: 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 176299J. M:P.
308.91, Tennessee Pass Subdivision, Town of Avon, Eagle County, Colorado is hereby approved.
ADOPTED at the regular meeting of the Town
12th day of June, 2007.
Ronald C
ATTEST:
Fattynnny, To C AC
f f3
Town of Avon the
tc.
olfe, May
Public Road Improvement 12/04100
Estimated Costs
Form Approved-AVP Law
Mi rovements to Existing Public Road At Grade Crossing
For West Beaver Creek Road, DOT 1762994
M.P. 308.91 Tennessee Pass Subdivision
Avon, CO
THIS AGREEMENT, executed in duplicate this ~a day of 2007, by and
between UNION PACIFIC RAILROAD COMPANY, a Delaware ration (hereinafter 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. 1762994, 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, (e) 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 (1) 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 Raih-oad'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 fYfq 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.
CAD.m I. em $.M.Pwwosmy D*==b%Wffd%V.=MttA"0, co am am, C"A PA. q b-*
Public Road Improvement 12/04/00
Estimated Costs
Form Approved-AVP Law
4.1 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.
CADonoteob sad SohaplanWAM% DoeomeotsxWordUgreemenbUr CO Wen Bearer Creek Rd-S~laet.dx
Public Road Improvement 12/04/00
Estimated Costs
Form Approved-AVP Law
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the
date and year first hereinabove written.
UNION PACIFIC RAILROAD COMPANY
kr - Title:
ATTEST:
C y Clerk
C-.V awuwnla and 5"gX12*ng453%Mv Doroa 2sMardlARreemenIMAwn. CO Way Beaver Creek Rd - Sr-d.
Pursuant to Resolution/Order
dated 07 - o) k ,
hereto attached.
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 :200
7-30-23
DESCRIPTION OF WORK:
INSTALL 2 CONCRETE PAD ON WDOD:TIE ROAD CROSSING SURFACES I
NCLUDING:
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 225LB ON. THE SIDING. CITY OF AVON TO PAY 501
AND UNION
PACIFIC TO PAY 508.
PID: 58859 AWO:' MP,SUBDIV: 308
.91, TENNESSEE
SERVICE UNIT: 14 CITY: WOLCOTT STATE: CO
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL
UPRR TOTAL
ENGINEERING WORK
ENGINEERING 1000 500
500 1000
LABOR ADDITIVE *232% 2320 1160
-
13,60 2320
-
TOTAL ENGINEERING 3320 1660
1660 3320
TRACK-& SURFACE WORK
BALAST 2.00 CL 4374 1332 2852
2854 5706
CONTINGENCIES 10950 5475
5475 10950
EQUIPMENT RENTAL 5000 2500
2500 5000
FIELD WELD 96 48
48 96
LABOR ADDITIVE 2328 33464 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 8081 12865 10294
10672 20966
SALES TAX 1170 584
586 1170
SAW CUT RD 2000 1000
1000 2000
TRK-S_URF,LIN 4750 2374
2376 4750
WELD 3156 777 1966
1967 3933
XTIE 100.00 EA 11076 BDOS 9540
9541 19081
TOTAL TRACK & SURFACE 68083 49035 58559
_
58559 117118
LABOR/MATERIAL EXPENSE 73403 49035
RECOLLECTIBL£/UPRR EXPENSE 60219
60219
ESTIMATED PROJECT COST
120438
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.
(0& SPO P;FONT 7;SCPI 15;SLM .50;EXIT;'
FORM 30-1 PAGE 01 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITORES
PROD NO: 58859
A.W.O. NO: '
W.O. NO:'
RAILROAD: UPRR 00. B.I. NO: 07ENIO
LOCATION: AVON,CO,W BEAVER CREEK ROAD STATE: CO
DEPARTMENT: ENGINEERING SERVICES SERVICE UNIT: 14 VAL SEC: 0504A
-
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 115LB ON 'THE, SIDING. CITY OF AVON TO PAY 50% AND UNION
PACIFIC TO PAY 50%.
r
FORM 30-1 PAGE 02 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
PROJ NO: 58859
A.W.O. NO:
W. 0. 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 T0. SEGMENT FACILITY
58859 0504A CO 308.91 308.91 4736
PROJECT NUMBER 58859
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
308.91
308.91
SINN
4736
0
0 95 0 0
FORM 30-1
PAGE 04 MORE
WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES
PROJ NO: 58859
.
A.W.O. NO:
W. 0. NO:
RAILROAD: UPRR CO.
B.I. NO: 07ENIC
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 S.
13054000 TIMBER SPIKE, TORXHEAD '3/4' X 12'
1.30
180 EA
234
50279750 XTIE 7'X9'X10' PREP LT FOR 5 1/2"
80.07
50 EA
4004
50279990 XTIE 7"%9°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,CONCRETE-1151 RAIL(IOW)
1088.56
5 ST
5443
54013010 XING,CONC.133-141#RL(10W) .6'PANE
1081.97
5 ST
5410
55111800 RAIL 115# RE'H16H CARBON BBE
14.35
160 LF
2296
55113900 RAIL 136# HC BLANK NEW
17.33
180 LF
3119
55255160 FIELD. WELD KIT, 112#/1150 ONE SH
59.64
6 EA
356
55255300.FIELD'WELD KIT, 136# ONE SHOT
59.85
6 EA
355
55264570 PACKING SAND, PREMIXED (PER SACK
22.45
2 CA
54
55264930 REFRACTORY PASTE
1.83
4 EA
7
56207660 BALLAST, CLASS 1 'D"
7.02
190 TN
1334
TOTAL
29,369
MATL STORE EXP
557
SALES TAR
1,174