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HomeMy WebLinkAboutC02-011 Improvements to County Road 28 (Hillcrest Drive)t d 69. C', - Improvements to Existing Public Road Grade Crossing For County Road 28 (Hillcrest Drive), DOT #253 540U M.P. 314.26 Tennessee Pass Subdivision Edwards, Colorado THIS AGREEMENT, executed in duplicate this day of 2001, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad "), and County of Eagle, 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 County Road 28 (Hillcrest Drive), at grade, along, over and across the Railroad's track and right of way at Mile Post 314.26, Tennessee Pass Subdivision, DOT No. 253 540U, in County of Eagle, Colorado to which the Railroad is agreeable, but solely upon terms and canditinnc hereinafter set forth. P I AGREEMENT: NOW THEREFORE, in consideration of t conditions hereinafter set forth, the parties hereto 1. The Railroad shall furnish all laboi for, and shall (a) remove the existing 28' timber cr crossing, (c) field weld rail, (d) relay track at Gros; crossties, and (1) surface the track with new ballast Tennessee Pass Subdivision with County Road 281 Edwards, Eagle County, Colorado, as shown gener and marked Exhibit "A ". 2. Upon the execution of this agreemei Railroad a flat sum of Forty -four Thousand Four Hundred and Fifty -eight Dollars ($44,458) as the Political Body's fixed portion of the costs of the work performed and materials supplied by the Railroad pursuant to Section 1 above, which is estimated to be $44.,458, estimate attached hereto and marked Exhibit `B ". Actual costs to the Railroad shdri include customary additives to materials, services and labor pro,.1ded by the Railroad. The Railroad will bill the Political Body upon completion of the work and Political Body shall pay the Railroad promptly upon receipt. 3. The Railroad, at its cost, shall maintain the crossing between the track tie endF, If, in the future, the Political Body elects to have the surfacing material between the C l track tie ends replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing. 4. The Political Body agrees, at the Political Body's sole cost and expense, to provide traffic control, barricades, and all detour signing for the crossing work, provide all labor, material and equipment to install concrete or asphalt street approaches, and if required, will install advanced warning signs, and pavement markings per Manual on Uniform Traffic Control Devices. 5. If a contractor is to do any of the work performed on the Project, then the Political Body shall require its contractor to execute the Railroad's 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 of the need to execute the Agreement. Under no circumstances will the Political Body's contractor 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 shall telephone the Railroad at 1- 800 - 336 -9193 (a 24 -hour number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body 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. 2 C C IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first herein above written. COMPANY ATTEST: (Seal) 3 UNION PACIFIC RAILROAD By Pursuant to Resolution/Order dated S R 0 s' Z c hereto attached. �l Ol 0 3A A � M' H a s srr v r Z , $ 0 0 0 °o� m� do. Z o 3p� o$< ¢u� r . M } N n i J o o� 5 a m Q nrui rQ ,�„• I IUI' q- i " l \ ��' -A gggg .� ry ,...: , � .,... . r LLJ r 0 0 0 °o� m� do. Z o 3p� o$< ¢u� r . M } N n i J o o� 5 a m Q nrui rQ q- i " l U / W lei p l U / W lei p �� lam'• DATE: 2001 -09 -26 ESTIMATE OF MATERIAL :-DRCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: RECOLLECTABLE GRADE CROSSING SURFACE, EDWARDS CO, HILLCREST DRIVE, MP. 314.26 ON THE TENNESSEE PASS SUB. PROJECT COST WILL BE 100% RECOLLECT - ABLE FROM EAGLE COUNTY CO. INSTALL 1 32' CONCRETE CROSSING SURFACE INCLUDING, 160 LF OF 133LB RAIL, 31 10' TIES, GALVINIZED RAIL CLIPS AND PADS. PID: 34025 AWO: 33873 MP,SUBDIV: 314.76, TENNESSEE SERVICE UNIT: 14 CITY: HILLCREST DR STATE: CO DESCRIPTION QTY UNIT r LABOR MATERIAL RECOLL 'UPRR TOTAL ENGINEERING WORK ENGINEERING 500 500 500 LABOR ADDITIVE 705 705 705 ------- TOTAL ENGINEERING --- 1205 - - - -- -- -- - --- - - 1205 - - -- -- -- - -- --- 1205 TRACK & SURFACE WORK BALAST 1.00 CL 523 523 523 BILL PREP 900 900 900 COMPANY EQUIPMENT USAGE 1850 1850 1850 .EQUIPMENT RENTAL 4000 4000 4000 FIELD WELD 31 31 31 FNCE- R /W,SND 570 570 570 FOREIGN LINE FREIGHT 80 80 80 HOME LINE FREIGHT 900 900 900 LABOR ADDITIVE 9606 9606 9606 MATL STORE EXPENSE 372 372 372 OTM 406 2488 2894 2894 RAIL 160.00 LF 550 1422 1972 1972 RDXING 32.00 TF 23991 4264 6663 6663 'SALES TAX 1 487 487 487 SIGNS 295 295 295 TRK- SURF,LIN 4375 4375 4375 WELD 1018 793 1811 1811 XTIE 31.00 EA 3444 2460 5924 5924 --- TOTAL TRACK & SURFACE -- -- -- - 23299 --- -- -- 19954 -- -- -- -- 43253 ------ -- - - - - -- 43253 - ------ LABOR /MATERIAL EXPENSE - - -- 24504 ---- 19954 -- - - - - -- -- - - - - -- RECOLLECTIBLE /UPRR EXPENSE 44458 0 -- - - - - -- ESTIMATED PROJECT COST 44458 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 . RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY P.ND 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. C Commissioner n moved adoption of the follow' Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 02 - RESOLUTION AUTHORIZING THE BOARD OF COUNTY COMMISSIONER CHAIRMAN TO EXECUTE THE AGREEMENT WITH THE UNION PACIFIC RAILROAD FOR IMPROVEMENTS OF A RAILROAD CROSSING AT EAGLE COUNTY ROAD 28 (HILLCREST DRIVE). WHEREAS, the Cordillera Valley Club Investors Limited Partnership ( "Subdivider "), as a condition of approval of the Amendment to the Cordillera Valley Club Planned Unit Development -West Entrance (File No. PDA - 000 16) ( "PUD Amendment "), entered into a Subdivision and Off - Site Improvements Agreement with County on September 4, 2001; and WHEREAS, in the Subdivision and Off -Site Improvements Agreement, the Subdivider agreed, at its sole cost and expense, to complete physical improvements to the existing Public Road Grade Crossing for County Road 28 (Hillcrest Drive) at an estimated cost of $44,458.00 ( "Improvements "); and WHEREAS, pursuant to the PUD Amendment, County made application to the Public Utilities Commission for recognition of a railroad crossing at County Road 28 (Hillcrest Drive) and requested the Improvements be performed on the same; and WHEREAS, the Union Pacific Railroad Company ( "Railroad ") is ready, willing and able to perform the Improvements based on the terms and conditions set forth in the proposed agreement with County entitled "Improvements to Existing Public Road Grade Crossing For County Road 28 (Hillcrest Drive), DOT 4253 540U M.P. 314.26 Tennessee Pass Subdivision Edwards, Colorado" ( "Agreement "); and WHEREAS, the terms and conditions of the Agreement require payment to the Railroad of a flat sum in the amount of $44,458.00 prior to Railroad performing the Improvements and also requires County to provide a Resolution authorizing the Commissioner Chair to execute. said Agreement. WHEREAS, the Board desires to authorize its Chair to sign the Agreement with the Railroad for the purposes stated above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board of County Commissioners hereby authorizes Chairman Michael L. Gallagher to sign and execute the agreement with the Union Pacific Railroad entitled "Improvements to Existing Public Road Grade Crossing For County Road 28 (Hillcrest Drive), DOT #253 540U M.P. 314.26 Tennessee Pass Subdivision Edwards, Colorado." THAT, the Subdivider has provided a check made out to the Union Pacific Railroad in the amount of $44,458.00 to cover the costs of the Improvements, and therefore, funds are available for the payment of requisite costs set forth in the Agreement. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the �� day o 2002. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its County Commissioners . tone Tom � Co i Am Menconi Commissioner Commissioner OA 0 0 _ seconded adoption of the foregoing resolution. The roll having been called , the vote Ousas follows: Commissioner Stone Commissioner Gallagher Commissioner Menconi _�_ This Resolution passed by [ -i�> vote of the Board of County Commissioners of the County of Eagle, State of Colorado.