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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