HomeMy WebLinkAbout2007 Ordinance No. 025•
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ORDINANCE NO .%
SERIES OF 2007 --
BY AUTHORITY
COUNCIL BILL NO. 27
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENf AL AGREEMENT
ENTITLED "CONTRACT FOR UPGRADING HIGHW AV/RAILROAD GRADE CROSSING
WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM", PERTAINING TO
THE INSTALLATION OF INTERCONNECT RAILROAD PRE-EMPTION CIRCUITRY AT
DARTMOUTH AND TEJON INTERSECTION BETWEEN THE COLORADO
DEPARTMENT OF IlANSPORTATION , THE BURLINGTON NORTHERN SANTA FE
RAILWAY COMPANY (BNSF) AND THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS , Federal funds, administered through the Colorado Department ofTransponation
(COOT) arc being made available for the elimination of haurds at ccnain highway/railroad grade
crossings; and
WHEREAS , in 2004 the City applied for Federal Rail-Highway Crossing Safety Improvement
Project funds (FY2006 through FY2008) for a safety project to install interconnect railroad pre-
emption circuitry at the Dartmouth and Tcjon signalized intersection ; and
WHEREAS , this will enhance safety of the intersection with the installation of Railroad pre-
emption devices that will detect oncoming trains and activate the traffic signal pre-emption feature;
and
WHEREAS, upon activation the traffic signal will then stop all vehicular traffic across the
railroad tracks for the duration of railroad pre-emption ;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~: The "Intergovernmental Agreement entitled "Contract For Upgrading
Highway/Railroad Grade Crossing Warning Devices Under Federal Section 130 Program",
attached hereto as "Attachment I", is hereby accepted and approved by the Englewood City
Council.
~-The Mayor is authorized to execute and the City Clerk to attest and seal the
Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 16th day of April, 2007 .
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Published as a Bill for an Ordinance on the 20• day of April, 2007 .
Read by title and passed on final reading on the 7th day of May, 2007 .
Published by title as Ordinance No .~ Series of 2007, on the 11th day of May, 2007 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the
above and foregoing is J,!!)le copy of the Ordinance pass.,d on fi eading and published by
title as Ordinance No .~, Series of 2007 .
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SRP M395-014 , 15983
Dartmouth Ave., c/o Tejon
City of Englewood; BNSF
NIC No . 245-358A
CONTRACT
FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES
UNDER FEDERAL SECTION 130 PROGRAM
THIS CONTRACT, made this __ day of ___ ,, 2007, by and between the
STATE OF COLORADO for the use and benefit of the STATE DEPARTMENT OF
TRANSPORTATION , DMSION OF ENGINEERING , DESIGN AND CONSTRUCTION,
hereinafter referred to as the "State", and CITY OF ENGLEWOOD, COLORADO hereinafter
referred to as "Local Agency", and BNSF RAILWAY COMPANY, fonnerly !mown as the "The
Burlington Northern and Santa Fe Railway Company'', hereinafter referred to as "BNSF' or
"Railroad Company'' or the "Contractor".
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 231 I I P,
Program 2000, Originating Unit 9991, Reporting Category 4280, Phase C, Contract
Encumbrance Number 15983, Contract Encumbrance Amount $88 ,22 3.00; and
WHEREAS, required approval , clearance and coordination has been accomplished fr om
and with appropriate agencies ; and
WHEREAS , this contract is executed by the State under authority of section 43-1-110,
C.R.S., by both the State and Local Agency under the authority of sections 29 -1-203 and 42 -2-
144, C.R.S., and by the Local Agency pursuant to an appropriate ordinance or resolution duly
passed and adopted by the Local Agency; and
WHEREAS, pursuant to Title I, Part A, Section I 007 of the lnterrnodal Surface
Transportation Efficiency Act of 1991, specifically Section 130 of Tille 23, United States Code,
and the regulations promulgated thereunder, certain federal funds have been and will in the future
be made available for the elimination of hazards at certain highway/railroad grade crossings on
the Federal-aid Urban System and on roads not on any Federal-aid System, by the installation of
warning devices, such projects br.ing hereinafter rr.ferred to as the Section 130 Program .
WHEREAS, this project selected under the Section 130 Program is eligible for funding at
the rate of 100% Federal-aid funds provided the project costs are incurred in accordance with the
conditions set forth herein, all without cost to the BNSF, it being understood that such ratio
applies only to such cocts as are eligible for Federal participation; and
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WHEREAS, Federal regulations (23 CFR, Part 646, Subpart B) require the State to •
contract with railroad companies on Federal-aid projects involving use ofrailroad property or
adjustment to railroad facilities; and
WHEREAS, the State is responsible for the administration of the Section 130 program
and will act in the relative position of the Federal Highway Administration (FHW A) in reviewing
and approving highway/railroad projects and in authorizing expenditure of Federal -aid funds on
said projects; and
WHEREAS, the FHW A has determined that the use of a three-party contract is required
in order for the State to fulfill its administrative responsibilities, including the responsibility of
assuring that work is not performed prior to authorization by the State; and
WHEREAS, the Local Agency and the BNSF understand that, pursuant to paragraph
646 .220 of 23 CFR, 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 reimblll'~ement only if
the work is perfonned after written authorization by the State; and
WHEREAS, the State may authorize advance preliminary engineering and/or the early
purchasing of materials for the crossing, upon receipt of the BNSF's cost estimate for the
Railroad Work, in the form of authorization letters, attached hereto as Exhibits D and E; and
WHEREAS, the State has initiated this Section 130 Program project numbered SRP
M395-014, 15983, by submittal to the State of a completed CDOT Form No. 463; and
WHEREAS, the project is not located on the State Highway System and is wider the legal
jurisdiction of the Local Agency; and
WHEREAS, this contract provides for highway/railroad grade crossing improvements
that consist of installing : new bungalow, motion circuitry and preemption for traffic signal, as
more specifically described on CDOT Form No. 463; and
WHEREAS , the proposed improvements provided for herein are located on Dartmouth
Avenue east ofTejon, City of Englewood, Arapahoe County, Colorado and the BNSF track,
National Inventory Crossing No . 245-358A, BNSF milepost 7.10, Denver-Sheridan Subdivision;
and
WHEREAS, the Local Agency is responsible for complying with all terms and conditions
of this contact for project SRP M395-014, 15983; and
. WHEREAS , the BNSF has agreed to be responsible fo~on-and operation of
thr: circuitry mstalled hereunder; and ·· --
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WHEREAS , the BNSF is adequately staffed and suitably equipped to undertake and
satd aclorily complete the proposed improvements, and can perfonn the Railroad Work more
advantageously and more cost effectively than the State; and
WHEREAS , ii is in the public interest that the Railroad Work be perfonned by the
BNSFs forces, on a Force Account basis; and
NOW, THEREFORE, it is hereby agreed that:
ARTICLE I
GENERAL PROVISIONS
SECTION A. DEFINITIONS
I. FHWA U.S . Department of Transportation Federal Highway
Administration
2. CFR Code of Federal Regulations
3. MUTCD The Manual on Uniform Traffic Control Devices for
Streets and Highways, Year 2003 Edition
4. PUC Public Utilities Commission oi Colorado
5. CRS Colorado Revised Statutes
6. The term "Eligible Charges" shall include only those actual incurred costs, as provided in
23 CFR, Part 140, which are directly attributable to Project No . SRP M395-0!4, 15983, and
which are incurred following written authorization by the State for the various work functions,
except as provided in Article Il, Section A.
7. The term "Raihoad Work" shall consist of work done by BNSF forces and shall include
the following:
Furnish and install CWT, preemption circuitry for traffic signal and bungalow .
SECTION B. EXHIBITS
The exhibits listed below are attached hereto and made a part of this contract:
ExlubitA
ExhibitB
PUC Order Deeming At,plication Complete
Print Showing Crossing Location
Exhibit C
ExhibitC-1
ExhibitD
Exhibit E
Exhibit F
ExhibitG
Railroad Estimate and Signal Plan
Preemption Time Calculations
Preliminary Engineering Authorization Letter (example)
Materials Purchase Authorization Letter
Contract Funding Letter Format
Civil Rights Exhibit
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
23CFR
MUTCD
Part 140
Part 646
Dated
SECTION D. DESIGN DATA
Subpart I
S•,bpart B
2003
'T'be highway/railroad improvement project provided herein, identified as Project No. SRP
M395-0l4, 15983 , consists generally of installing highway/railroad grade crossing improvements
consisting c,f installation of CWT, preemption circuitry for traffic signal and new bungalow at
Dartmouth Avenue east ofTejon, City of Englewood, Arapahoe County, Colorado and the BNSF
tracks , National Inventory Crossing No . 245-358A, BNSF milepost 7 .10, as more fully described
in CDOT Form No . 463 which the State h3!l developed. Said CDOT Form No . 463 shall be part
of this contract by reference. Only those crossing warning device improvements provided in the
final CDOT Form No . 463 for this project are eligible for federal -aid pmicipation under this
contract.
ARTICLE II
COMMITMENTSONTHEPARTOFTHELOCALAGENCY
SECTION A. PRE-CONTRACT ADMINISTRATNE TASKS
Certain administrative tasks are necessary to be performed prior to execution uf this
contract, and the Local Agency agrees that the costs of those tasks , whether incurred by the Local
Agency or the State shall be eligible for reimbursement from project funds . Said tasks include,
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but are not limited to, preparation of CDCJT Form No . 463 , attending pre-design meetir:gs, •
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oblnining FHW A approvals and prcparalion of this contract In the event Federal-aid funds are
1101 made available, or are withdrawn for the project, the Local Agency shall reimburse lhe Slate
for costs incurred by the State, subject to lhe limits provided in Article IV, Section B, in
adminislcring this contract.
SECTION B. PUC APPLICATION
The State has made applicalion to lhe Public Utilities Commission on behalf of lhe Local
Agency requesting a PUC order providing for the imr rovement provided for herein. The State
shall include a copy of this fully executed contracl and will submil il to the PUC as a late-filed
exhibit 11,e Local Agency shall pani ci pate in any hearing before the PUC in this matter.
SECTION C. UTil..lTIF..S
The Local Agency shall be responsible for obtaining proper clearance or approval, in
writing, or fonnal agreement if utility adjustments are required, from utility companies which
may be involved in the project. The Local Agency shall furnish the State wilh documentation of
such clearance or approval prior to installation of the proposed improvements .
SECTION D. RIGHT-OF-WAY
COOT with the cooperation the Local Agency shall provide written certification lo the
Stale thRl the proposed projecl will be construcled on existing right-of-way, or lhat ifright-of-
way is acquired for the completion oflhe project that such acquisition was made in accordance
with FHW A and State regulations .
SECTION E. CROSSING IMPROVEMENT WO:'U<.
COOT with the cooperation of the Local Agency shall coordinate crossing improvement
work and shall inspect the Railroad Work perfonned by BNSF forces . The Local Agency shall
not initiate or authorize any crossing improvement work, including the Railroad Work until the
· State has issued lhe Notice to Proceed, Article IV, Section A, to the Local Agency and lhe BNSF .
In the event that such work is initiated by the Local Agency prior to issuance of lhe Notice to
Proce ed, other than advance preliminary engineering or the early ordering of material as
authorized in writing by the Stale when applicable (Exhibits D a·.1d E ), lh,, Local Agency shall be
solely responsible for all costs incurred for work performed prior to such i·;suance. The Local
Agency shall be responsible for providing a traffic control during ProjM Work that meets the
criteria of the most current edition of the MUTCO.
SECTION F. RAILROAD COMPANY BILLINGS
Upon teeeipt of the Railroad Company's billings from the State's Railroad Coordinator,
lhe Local Agency shall review and verify the billings, to the best of their knowledge and belief,
for the Railroad Work performed hereunder to ensure that 1J ., billings are for Eligible Charges
for work actually performed. After Local Agency verification, the designated representative •
from the Local Agency shall send written conf11T.1ation to the Region 6 Civil Project Manager
that the work has been accomplished. The Region 6 Civil Project Manager will approve the bill
for payment by the State to the Railroad Company.
SECTION G. INSPECTION AND Al/PIT
The Local Agency shall, during all phase s of the work, permit duly authorized agents and
employees of the State and the FHW A 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 and to make such materials available at
all reasonable times during the construction of the project and for three (3) years from the date of
final payment. Copies of such records shall be furnished by the Local Agency if r~quested.
ARTICLE III
COMMITMENTS ON THE PART OF THE RAILROAD COMPANY
SECTION A. CROSSING AT GRADE
I. Warning Devices. The BNSF agrees to accomplish by force account all the Railroad
Work defined in Article I, Section A, as provided hereunder, provided that the BNSF shall obtain
written Notice to Proceed from the State before it starts to perform or authorizes the performance
of such railroad force account work. In the event that such work is initiated prior to the issuance
by the State of the written Notice to Proceed, other than advance preliminary engineering and
early ordering of materials as may be authorized in writing by the State's Chief Engineer or his
designee (Exhibits D and E), the BNSF shall be solely responsible for all costs incurred for such
work .
2. Plans and Force Account Estimate . Prior to execution of this contract, the BNSF 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 cost estimate (Exhibit C) for the proposed Railroad Work to the Local Agency
and the State . Said estimate shall take into account the value of all existing material that can be
salvaged. The Local Agency shall be afforded the opportunity to inspect salvaged material . The
cost estimate shall conform to the requirements of 23 CFR, Part 140, Subpart I, and shall be of
the form prescribed in 23 CFR, Part 646, Subpart B.
3. Changes in the Railroad Work. No change shall be made in the Railroad Work which
will alter the character or scope of the Railroad Work without the prior written concurrence from
the Local Agency and prior written authorization by the State . The BNSF shall be responsible
for cost increases resulting from unauthorized changes in the Railroad Work.
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SECTION B. COORDINATION
After receipt of the Notice to Proceed from the State, the Railroad Company shall notify
lhe Local Agency and the State at least ten (10) working days in advance of beginning the
Railroad Work so that the Local Agency and the State can arrange fo r construction zone traffic
control and inspection. The Railroad Company shall also furnish the Local Agency and the State
a copy of the completion notice the Railroad Company furnishes to the PUC.
SECTION C. RAILROAD COMPANY'S Bil,LINGS TO TIIB STATE
Progress billings for "Eligible Charges" for the Railroad Work shall be acceptable in
minimum amounts of$500 for each billing . The Railroad Company shall provide its final and
complete billings of all incurred costs to the State's Railroad Program Manager wilhin one-year
following completion of the Railroad Work as described in Article I, Section C. The billing for
such work shall reference the project no . SRP M395-014 , 15983. EACH INVOICE
SPECIFICAJL Y STA TE THE WORK PERFORMED AND SHALL BE THE SAME AS THE
WORK AUTHORIZED . The Stale shall provide the Railroad Company with written notice of
the completion of the work, thus marking the beginning of the one-year period. If the Railroad
Company does not present the final bill to the State's Railroad Program Manager within that one-
year time period, as required by paragraph 140 .922 of23 CFR, then previous payments to the
Railroad Company for the Railroad Work may be considered as final and complete
reimbursement for U1at work, and the State may close out the project with no further financial
obligation. Railroad Company's billings for incurred costs for the Railroad Work shall be audited
by the State for compliance with 23 CFR, Part 140, Subpart I .
SECTION D. ~
The Railroad Company, in the prosecution of the work herein prescribed, will adhere to
the requirements of the Civil Rights Exhibit G, and will include the provisions of the said Civil
Rights Exhibit in every subcontract; including procurement of materials and leases, unless
exempt by the regulations, orders or instructions issued pursuant thereto.
ARTICLE IV
COMMITMENTS ON THE PART OF THE STATE
SECTION A. PROJECT ADMINISTRATION
I. Approvals by the State . The State, acting in the relative positio u of the FHWA, 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's Civil Project Manager, Region 6, shall issue written
Notice to Proceed for the various work functions as may be required. The State's issuance of
authorization lo proceed with the Railroad Work shall be contingent upon the PUC approval. •
Any work function perform ed by the Local Agen cy for the Railroad Comp any prior to the
issuance of the Notices to Proceed shall not be eli gib le fo r reimbursement from Federal-aid funds
other than advance preliminary engineering and early ordering of materi al as may be authorized
in writing by the State's Chief Engineer (Exhibit s D and P).
SECTION B. STATE'S SUPPORT SERVIC ES AND Crl.ARGES
The State shall perform the support services nec essary for the approval and
administration of this contract. These services may be perfotmed in preparation for any
conditions or requirements of this contract, includin g prior FHWA approval of project work. At
the request of the Local Agency, the State may also provide other assistance under this contract
as agreed in writing. However, in the event th at Federal funding is either not made available or is
withdrawn for this contract, or if the Local Agency terminates this contract prior to project
completion for any reason, then all actual incurred cos ts of such serv ices and assistance provided
by the State shall be at the sole expense of th e Local Agency. At the request of the Local
Agency, the State may provide other assistan ce as a1,,reed to in writing. The Local Agency shall
reimburse the State the actual costs incurred by th e State in performing such assistance.
SECTION C. RAILROAD COMP ANY REIMBUR SEMENT
The State will pay the Railroad Company withi n 45 days of the State's receipt of an •
invoice . If payment is not made within 45 days of the State's r,ceipt ofan invoice, the State shall
pay interest to the Railroad Company not to exceed I% per month until payment is made , subject
to the terms and conditions of section 24-30-202 (24), C.R.S.
ARTICLEV
ADDITIONAL PROVISIONS
SECTION A. FINANCIAL PROVISIONS
Thetolal encumbrance for project number SRP M395-014, 15983, is $88,233 .00; Federal
funds are 100% of the amount for crossing protection devices. The State's maximum financial
obligation for all Eligible Charges and other work cos ts under thi s Contract is currently limited lo
that total encumbrance amount. lf during the perfonnance of the project the Local Agency or the
Railroad determine and notify the State that the Eligib le Charges of the project will exceed that
total encumbrance amount, the State will make all reasonable effo1ts to timely amer.d this
Contract to increase total encumbrance amount to cover the added costs, and until the State doe s
so the Local Agency and/or the Railroad may stop performance of project work and/or Railroad
Work which, ifperfonned, would exceed that current total encumbrance amount. The State may
also allocate more funds available on this Co ntract using a Funding Letter substantially
equivalent to Exhibit F and bearing the approval of the State Controller or his designee. 'The
Funding Letter shall not be deemed valid until it shall have been approved by the State Controller
or his designee. If actual project costs exceed the total budget, such costs shall be borne •
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exclusively by the Local Agency. The Local Agency shall not be responsible for any
unauthori zed Railroad Work pursuant lo Article ID, Section A. If project costs under-run the
es tim ated total budget, the Federal portion of such under-run shall be reallocated within the
fran1ework of the State's Section 130 Program as mutually agreed upon by the State and the
FHWA .
SECTION B. REPRESENTATIVES
I . To Local Agency:
Ladis lav Vestry
Traffic Engineer
Dept. of Public Works
City ofEnglewo od
1 000 Englewood Parkway
Englewood , CO 80110
phone : 303-762-2511; fax : 303-783-6893
2. To Railro ad Company
Andy Amp aran
Manager, Public Projects
BNSF Railway Company
4 51 5 Kansas A venue
Kansas City, KS 66 106
phone: 913-551-4964; fax : 913-551-4794
3. To State :
Ron Dickey
Civil Projects Manager II
Colorado Department ofTransportation
Denver, CO 80222
phone: 303-757-9910; fax 303-757-9988
4. Bi]ings Sent To:
Hayne Hutchinson
Railroad Coordinator
Safety and Traffic Engineering Branch
Colorado Department of Transportation
4201 East Arkan sas Avenue. 3"' Floor
Denver, CO 80222
phone : 303-757-9268; fax: 303-757-9219
SECTION C. MAINTENANCE
I. Local Agency. Upon completion of thi s project the Local Agency shall maintain the
roadway approaches of Dartmouth Avenue and Tejon to the crossing described in Article I, •
Section D. Roadway approaches shall be considered that section ofroadv,ay in the vicinity of the
crossing beginning at the railroad crossing advance warning signs and extending to the edge of
the concrete crossing surface and the transition between the roadway and the crossing surface .
The Local Agency shall maintain the traffic signal circuitry and the traffi t.: signal itself. 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 Company's
facilities .
2. Railroad Company . Upon completion of tlus project the Railroad Company shall
thereafter operate, maintain, repair and keep its roadbed, track and appurtenances , inc luding the
railroad grade crossing warning devices installed hereunder, in a proper working condition . In
the event that Federal or State funds or other funds become available for use in the operation,
maintenance, or repair of the crossing warning devices installed hereunder, the Railroad
Company shall be free to apply for such funds . The Railroad Company shall not be responsible
for maintaining the roadway approaches . ·
SECTION D. NO BENEFITS TO THE RAil,,ROAD COMPANY
In accordance with Paragraph 646 .2 10 (b)(I) of23 CFR, Part 646, SubpartB, it is
determined that the improvements herein provided will not result in ascertainable benefits to the
BNSF and, consequently, liability for the cost thereof shall not be required of the BNSF.
SECTION E. CANCELLATION
In the event delays or difficulties arise in securing necessary approvals, or in acquiring
necessary right of way, or in settling damages or damage claims, or for any other reason , which ,
in the opinion of the State render it impracticable to utilize funds from the current appropriation
for the construction of the project, then at any time before actual construction is started pursuant
to proper approval or authority, the State may serve formal notice of cancellation upon the BNSF ,
and this contract shall thereupon becom e null and void. hi the event of any such cancellation, the
State shall reunburse the BNSF for all re lated preliminary engineering costs incurred by the
BNSF prior to the effective cancellation date .
SECTION F. FUTURE USE OF WARNING DEVICES
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If, hereafter, by agreement, negotiatio n, or order of competent public authority, the grade
crossing warning devices are rendered unneces sary, undesirable or improper by closing of said
crossing, by relocation , by separation of grades, or by developments or improvements in crossi ng
protection or otherwise, such devices shall be removed, and ifby mutual agreement the grade
crossing warning devices are deemed suitable for reuse at another lo cation, they shall be
reinstalled at that location by the BNSF under a separate agreement for reloc?.tion between the
State , Local Agency, and the BNSF , as approved by the PUC . If the Local Agency widens the
highway, or makes any changes therein which require relocation of said devices, che Local •
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Agency will bear the entire cost of making such changes. Whenever by reason of Railroad
Company changes said devices are removed, relocated or replaced, the entire cost thereof shall be
borne by the BNSF.
SECTION G. :mBhl
The covenants of this contract, except for the provisions in Sections C and F of this
Article, shall continue through completion and final acceptance of this project by the State and
the FHW A. The covenants stated in Sections C and F of this Article shall remain in effect in
perpetuity or until such time as the Local Agency or the BNSF is , by law or otherwise, relieved
of such responsibility.
SECTJON .H. FEDERAL AID PROJECTS
It is understood that the project herein contemplated shall be financed from funds made
available by the federal government and expended under federal regulations; that all plans,
estimates of cost, specification, authorizations, awards of conl 1cts, acceptances of work and
procedures in general are subject at all times to all federal laws, rules , regulations, orders and
approvals applying to federal projects.
SECTION I. SUCCESSORS AND ASSIGNS
All of the covenants and provision s hereo f shall inure to the benefit of and be binding
upon the parties hereto, their successors and assigns .
SECTION J . SIGNATURE AUTHORITY
The BNSF 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 BNSF and to bind the BNSF to its tenns .
SECTION K. EXCEPTIONS TO SPECIAL PROVISIONS
The parties hereto agree that paragraph 3, INDEMNIFICATION, of the Special
Provisions, is hereby waived and shall not apply to the Railroad Company for this contract.
The parties hereto agree that the final sentence of paragraph 4, INDEPENDENT
CONTRACTOR . 4 CCR 801-2, of the Special Provisions, is replaced with the following:
Contractor shall provide and keep in force such types of Workers' Compensation
Insurance, in the amounts required by law (and pl'l'vide proofof such insurance, ifsuch insurance
is required by law, when requested by the State) and Unemployment Compensation Insurance, if
required by law, in the amounts required by law, and shall be solely responsible for the acts of
the Contractor, its employees, and agents.
The parties hereto agree that the first sentence of paragraph 6, CHOICE OF LAW , of the •
Special Provisions, is replaced with the following :
The laws of the State of Colorado and rules and regulations issued pursuant thereto , to the
extent not preempted by federal law, shall be applied in the interpretation, execution, and
enforcement of this contract.
The parties hereto agree that paragraph 7, VENDOR OFFSET. CRS 24-30-202 (I) & 24-
30-202.4 shall apply to this contract, to the extent not preempted by federal law.
SECTION L. SPEC T AL PROVISIONS .
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ISecho11 L. SPECIAL PROVISIONS I
CN,>t toe use with 1nter-Goyemmenta1 eonrn,cts)
1, COHTAOLU!R'S APPf\OYAL CR8 24.»-202 (1)
This connct sti1N not bt detmtd v1tld untl It hN bten lppro'-lad by tht Conttoll1t of thl Statll of ~ondo or 1uch Hltltlnt 11 he m1y
dcslgn■hi,
2. PUND AVAILABUTY, QUI 2◄~ lU)
Fln■nd.t obllgatlons of the Stat. of Colorado p1y1bMI aft.tr th• cu~nt lllcal yoar .,. contingent upon funds for thlt purpose bttng
appropriatad, budgeted, and otherwtn made 1v1H1bl1.
3. INDEMNIFICATION .
Tho Contractor shall Indemnify, 11ve, and hold hannlen the State. ltl employees and agents, against any and au d ■Jms, damagu,
lltblllty and court awards lndudlng costs, upenns, and attorney feu Incurred•• 1 reS\llt of tny act or omission by the Contnctor, or Its
employea:, ~ts. subc:ontratton:, or Hslgntu pursuant to the tarms of this contract ,
◄. INDEPENDENT CONTR,l,CTOR. ◄ CCR 101•2
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THE CONTRACTOR SKAU. PB\FOkM ITS Dt.mES He'.REUNDER AS AN INDEPENDENT COHTRAcro .-1 AND NOT AS AN EMPLOYEE . NeITHER
THE COHTAACT'OR NOR ANY AGENT OR eMPLOYef OF ll-11!' COf-lTRA.CTOR SHAU. 81! on ~ HAU.. IE Of:fMEO TO Bf AN AGEHT OR
eMPLOYl!E OF THI! STAT!, CONTRACTOR SKA.U. PAY WHeN oue ALL ReQUll\fD !MP\.OYMENT TAX!S ANO INCOMe TAX AND LOCAL
l◄fAO TAX ON N(V MONIES PAID BY TI1E STATe PURSUANT TO THIS CONTl\ACT, OONTRACT'OR AOtNOWlZOGES THAT THE
t;ONTRACTOR AND ITS EMP\.OYEES ARE NOT EHTITlED TO UNEMPl,OYMEHT INSURANCE BENEFITS UNLESS THE CONTRACTOA. 0A.
l HIRO PARTY PROVIOe5 SUOi COVERAGE AND THAT THE STATI: ooes NOT PAY fOR, 0A. OTHEP.WISE novtoe SU01 COVERAGE.
CONTAACT'OR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPUeD, TO BIND THI! STATE TO AHY A.GkE!MENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESstY SET FOR.TH HERBN, CONTR.ACTOR SHALL PROVIOf AND KEEP IN FORCE: WORKERS'
COMPENSATION (ANO PR.OVIOE PROOF OF SUCH INSURANCE WHEN REQUES'TEO BY THE STATI:) ANO UNEMP\.OYMENT COMPENSATION
INSURANCE IN THE AHOUNTii REQUIRfC BY LAW, AND SHAU. BE SOLELY RESPONSIBLE FOR T11E ACTS OF THE CONTRACTOR, ITS
EMPLOYEES AND AGEHTS ,
NON-OISCRIMINATION,
The c:ontnc:tor agrees to comply with the letter and the 1plt1t or all appllcable 1t1l'e and federal l11w1 respecting dlsc:rlm1naUon and unfair
employment practices,
CHOICE OF LAW •
The laws o< tht Stat• or Colortdo and rules and regulltlons lnued pursuant thereto shill be 1pplled In the ln.,IJlllretltlon, ex.cutlon. ind
enforcement d this contnct. Any provision of this contnct, whither or not Incorporated herein by n1ference, which provlda fw
1rbltratlon t7v any extn•judldal body or person Of' whlc:h Is otherwise In conflict with nld laws, rulu, and ragulltion1 shall be .'Onsklel"ld
nun and void. Nothing contained In 1ny pn:ivlslon lntorponittd he~ln by rele11:nce whkh purports to negate thl.1 or any other spedll
provision In whole or In part 1h11I be vaUd or enro rce1bl1 or avallable In any action at lew wheth1r by way of complalnt. dtf1nse, Of
otherwl11 . Any provlllon rendeftd null 1nd 'ltlld by the oper1tlon of this provision wlU not Invalidate the 11:mtlnclet" or this contr1ct to tht
uuint that the contract Is capable of execution.
Al 111 times durtng the pef'form11'1C9 of this contract. the Contractor shalt ltr1ctty adh ■re to 11 appllc:abl• federal and Stahl laws, rule1, and
regulltlons that hive bHn or m ■y herufttr be utablllhed.
7. VENDOROFFSET. OW24~2(1)1CRS2,~202.◄
Pursuant to as 24·30·202,◄ (H 1m.nded), the State Controller mey withhold debts owed to State 1;WOM under the 'fVldor offnt
lntercePt system for: (1) unpaid chlkl support debt or d1nd support arreeragn; (b) unpaid b1llin01 of tax, ■cautld lnterat, or other
ch1rge1 specified In ArUde 21, Title Jt, CRS; (c) unp1ld loans due to the Stud■nt Loan DMSlon or the Oeptrtment of Higher Educstlon;
(d) owed u10,.1nt1 required tD be ptld to tha Unemployment Compensation Fund ; and (1) other unpaid debts owl119 to the Stlta or any
1gency thereof, Hie amount of which 11 Pound to be owing as I result of nnal •oencv d•tennln■tlon or reduced to judgment u certffled by
th• contrdler.
a. SOFTWARE PIRACY PROHl81110H Gowmot't ~Ordw 0002 00
No State or othar pubUc funds p1yabl1 under this Contract shall be used l'o< the 1cqulsltlon, operaUon, or maintenance of computer
sol'twart In vlolltlon of United Stites copyright i.ws or appDCllble llmnstng rutnctlons, The Contractor h....try c:ertffl• that. klr tM term
or this Contr11ct end any extensions, the Contnctor hH In pltce 1ppropt11te ..,..mnr 1nd controls to prevent auch lmpn,pw vse of publlc
t'vnds , If tht Stall dttennlnes that th• Contractor Is In vlol1t1on or this paragraph, the State nny uerclse any nimtdy avalllbtt at law or
equity or und•r this Contr-=t, ll'ld!Jdlng, without lmkaUOn, lmmedl1W tumln1t10n ol tha C.Ontract and 1nv remedy conliltent with Unltff
Stltu copyr'.ght IIWI or appl cebte; lk:enllng restrietlonS-
;, EMPI.OYEE FINANCIAL INTERS'. , CRS 1,.1e.201 &CRS N&507
The Mgnatvnu lvtr tNt la lhllt knowtedge, no 1mployee of the Slit• of C.Olorado his any peBOnl1 or benlfldll lnterat whatsoenr In
the Hrvlce or proparty duatbtd hetlln.
ILLEGALAUENS-PUalfCCONTRACTSFOASERVICES. CRS 1•17,5-101 and Pvbllclaw20I, t04"eonc,..,aafMl'ldiadand-,..ndld lnPublclllw IN,
toe" Congrn■, .. amtnded
The Contractor nrtll\es thattht Contractor shall comply with the prov111~,n1 of'Cl\S 8•17,5·101 et Hq, The Contractor shall not
knowlnolv employ or contrect with an llltgll 1H1n to perfonn wont under this contnct or entlr Into I contract with I subcon~r thlt
knowingly employs or contrltU Wttt\ 1n 11-011 •llen, The ContractM rapruents, w1rrants, and iffetl thal It (1) hu verm.d ttllt It does
not employ 1ny In.gal tllfflS, through plltldpetlon In thl BIik PIiot Empk,ym-,t Y•rtnc:.tion Profram 1dmlnlltanlcl by the Sodal Sta,t1ty
Admlnlstrauon and 0tpartm1ntoltiomM1nd SKUrtty, or (H) oth•rwlH will comply With th• raqulr9mants orCRS 1·17,5•1O1(2)(b)(I),
The Contractor ahan comply with all re11onable raquats made In th• coul'N of an ln'lflttC!ltlon by tflt CokH'aclo Oep,ertmant d Labor and
Empkrfmant. If the Contractor r,111 to comply wtth any r9qulr.ment of tNs provtllon or CRS 8•17,5·101 at NQ,, the Stlta m-, termlnlt•
this contract ror breach 1nd che ContrKtof m,n bl ll1bla l'Of actu1I and ,:nn-,,~.1 -'•-• .. -.... -~ .......
SPECIAL PROVISIONS
PARTIES HERETO HA VB BXBCUI'BD 1lilS C.JN'l'RACT
Gabriela C. Vidal , P .E.
Branch Manager
Safety and Traffic Engineering
Attest. _______ _
APPROVED :
JOHN SU1HERS
Attorney General
By _________ _
Kaduyn Yoq
Asml Attorney General
BNSFRAJLWAY COMPANY
Fe~'"ll Employer Identilication
l 41-6034000
~; , Kansas Avenue
X,'W&S City,KS 66106
CITY OF ENGLEWOOD
By ________ _
Title _____ ,_·-· ___ _
1000 Engle.,,, ,d Pakway
Englewood, CO 80110
CRS 24-30-202 requi= that the State Controller approve all state contracts . Thi s contnct is not
valid until the State Controller, or such assistant as be may delegate, sign it The contractor is not authorized
to begin perfcrmance until the contract is ai@IIOd and dated below. lfperfonnance bcgiru prior to the date
below, the State of Colorado may not be obligated to pay for the goods and/or services provi ded.
State Controller
Leslie Sbenefelt
By,.....,=--....,..,=---===--,,--
Cberyl TBJT COOT Controller
Date. ________ _
14
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Decision No. C06 -!506
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 06A-630R
IN THE MATTER OF THE COLORADO DEPART/. NT OF TRANSPORTATION, ON
BEHALF OF THE CITY OF ENGLEWOOD FOR -~llT HORITY TO INSTALL
INTERCONNECT AND PREEMPTION CIRCIB'!'RY AT THE CROSSING OF TliF. BNSF
RAILROAD TRACK AT DARTMOUTH AVENliE. CITY OF ENGLEWOOD, ARAPAHOE
COUNTY, COLORADO.
I.
COMMISSION ORDER
DEEMING APPLICATION COMPLETE AND
GRANTING APPLICATION
Mailed Date: January 2 , 2007
Adopted Date: December 28, 2006
BY THE COMMISSION
· A. Statement
J. This matter co m es before the Public Uti lities Commission (Commission) for
consideration of an application fil er! by the Colorado Department of Transportation, Division of
Engineering and Maintenance (COOT) on November 14, 2006 requesting authority to install
interconnect circuitry with preemption, constant warning f me circuitry and a new bungalow at
the crossing of W. Dartmouth Avenue east of S. T, ,jon Street with the BNSF Railway Company
(BNSF), National Inventory No, 245358A, in the City of Englewood, Arapahoe County,
Colorado.
2. The Commission gave notice of this application to all interested parties, including
adjacent property owners in accordance with § 40-6-108(2), C .R.S . The Notice was mailed
November 21 , 2006 .
_0_
0
_d_
01
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0
•_N_o_. -c-o,-.,--,s"'o,,---•-•-'•~"--'-'ho .. r'-,""b"-llt Ullllllu CemmlulOII er lhe Slalt of Colu ■do
DOCKET NO, 06A·6J0R
3. On November 22, 2006 , COOT was contacted regarding a deficiency in its
application . Specifically, the application did not include the traffic signal timings and
information required by Commission Rule 4 Code of Colorado Regulations (CCR) 723-7-
7204{b)(XV). COOT states it is currently working with the City of Englewood and BNSF to
finalize the new preemption timing plans and requests to late-file this information when
completed. We will allow COOT to late-file the necessary traffic signal timings and informat ion
required by Rule 7204(b)(XV) for Staff review by February 28, 2007 .
4. On November 27, 2006, COOT's attorney filed an Entry of Appearance .
5. On November 30, 2006, BNSF filed an Entry of Appearance and Notice of
Intervention. BNSF does not oppose or contest the granting of the Application and states the
Commission may treat its appearance and intervention as withdrawn ifno other interventions or
protests resulting in a hearing are filed .
6. On November 30, 2006, the Commission received a copy of a letter from Qwest
Corporation (Qwest) to Mr. Randy Jensen, P.E ., COOT Project Administrator for this project.
Qwest has no objections to the project as there are no known impacts to Qwest facilities
presented by the project. However, Qwest notes that it owns and maintains an existing
underground conduit structure and direct buried copper cable parallel to and within W
Dartmouth Avenue right of way that crosses under the railroad . Qwest states that if the project
should require construction or engineering actions on Qwest's part to protect, modify, relocate or
otherwise preserve any Qwest facilities, the requestor will be billed for all costs associated with
any required activities.
7. The proposed crossing safety improvements will not involve any roadway
construction other than that necessary to install the interconnection and warning circuitry.
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Dtr1u 01t Public Utlllllu Commluln or lhci Stile orCelorado
D-schlon No. C06•15H DOCKET NO . 06A·GJ0R
CDOT also commits that all signing and striping will be installed in accordance with provisions
of the Manual on Uniform Traffic Control Devices (MUTCD). Because of the scope of work for
U1is project, CDOT does not provide detailed plans and profile drawing pursuant to Commission
Rules 4 CCR 7204(b)(XII) and (XIII). Our Rule 7204(b) allows an applicant lo omit required
information the applicant believes is excessive compared to the scope of the proposed project
provided the application specifically justifies the omission. Given the scope of the safety
improvements for this project and CDOT's commitment to follow the MUTCD, we agre~ with
CDOT that the detailed pl.•ns and profi le drawing are not necessary for this application.
8. The Commission has reviewed the record in this matter and deems that the
application is complete within the meaning of§ 40-6-109 .5, C.R.S .
B. Findings of Fact
9. The Commission gave notice lo all interested parties, including the adjacent
property owners . No inteivention was received opposing the application.
I 0. CDOT proposes to install interconnect circuitry with preemption, constant
warning time circuitry and a new bungalow al the crossing of W. Dartmouth Avenue east of S.
Tejon Street with the BNSF tracks as part of the Federal Section 130 railroad/highway hazard
elimination program.
11 . COOT states the current average daily traffic volumes on W. Dartmouth Avenue is
13,500 vehicles per day (VPD) with a projected increase to 16,000 VPD by 20 I I. BNSF
currently runs approximately two train movements per week through the crossing at a maximum
speed of 10 MPH with e projected incn,~-se to three trains per week by 2011. Construction is
expected to begin Januar ! , 2007 and end with commencement of crossing operations by
December 31, 2007
Bdort Ille P11a.llc: UIIIIIIH Commlu l o ■ orth S111, or Color-ado
DOCKET NO . 0U-U0R
12 . CDOT states the estimated cost of the proposed crossing change is $88 ,223 .
Federal Se.ction 130 funds will pay for I 00% of eligible costs and COOT funds will pay for non-
participating and indirect costs . COOT requests to late-file a copy of the signed construction and
maintenance agreement.
I J . The City of Englewood will maintain the roadway approaches t th ~ crossing at
its expense. BNSF will maintain the new circuitry at its expense . Pursuant to 'P.ule 721 l(a), we
expect BNSF to maintain, at its expense, the track and appurtenances at this cro ~slllg as well.
C. Cooclusioos
14 . The Commission has jurisdiction in this matter under §§ 40-4-106(2)(a) and
(3)(a), C.R.S .
15 . No intervenor that filed a petition to intervene or other pleading contests or
opposes the application.
16 . Because the application is unopposed , the Commission will determine this matter
upon the record, without a formal hearing under § 40-6-109(5), C .RS ., and Rule 1403,
Commission Rules of Practice and Procedure, 4 CCR 723-1 .
II. ORDER
A. The Commission Orders That:
1. The application is deemed complete within the meaning of§ 40-6-109 .5, C .R.S .
2. The intervention filed by BNSF Railway Company (BNSF) is granted.
3. The application filed by the Colorado Department of Transportation, Division of
Engineering and Maintenance (COOT) is granted.
4 . COOT is authorized and ordered to proceed with crossing improvements
consisting of new interconnect circritry with preemption, constant warning time circuitry and
4
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Deren Ille hi.Ille Ullllllu Comr1lnln ,r th S1111 or C1l1ndo
UOCKtT NO, 0U-G30R
new bungalow at W. Dartmouth Avenuo east of S. Tejon Streot with the BNSF, National
Inventory No. 245358A.
5. CDOT is required to file lhe traffic signal timings and infonnation required by
Rule 7204(b)(XV) for Staff rev iew by February 28, 2007.
6. The City of Englewood is required to maintcin the approaches to the crossing
surface up to the outside end of the ties at its expense pursuant to Rule 72 1 l(c).
7. BNSF i's required to maintain the crossing surfaces; traclc, 'appurtenances and new
warning equipment at its expense pursuant to Rule 721 !(a).
8. CDOT is required lo late-file the signed construction and maintenance agreement
by May 28 , 2007 .
9. CDOT is required to inform the Commission in writing that crossing changes arc
complete and operational within IO days after completion. We shall expect this letter sometime
around December 31, 2007. However, we understand this Jetter may be provided earlier or later
than this date depending on changes or delays to the construction schedule.
10. The 20-day period provi ed for in § 40-6-114, C.R.S., within which to file
applications for rehearing, reargument, or reconsideration, begins on the first day following the
effective date of this Ordi,r.
11 . The Commission rotams jurisdiction to enter further required orders.
12 . This Order is effective on its Mailed Date .
Dochlon No . C0Ci-150C
Iden the flnbllr Ulllltlu Cammlulon or llH Sllte or Colorado
DOCKET NO . 06A·U0R
B. ADOPTED IN COMMISSIONERS' WEEKLY MEETING
December 28, 2006.
ATTEST: A TRUE COPY
Doug Dean,
Director
THE PUBLIC UTILITIES COMMISSION
OF THE Sr ATE OF COLORADO
GREGORY E. SOPKIN
POLLY PAGE
CARL MILLER
Commissioners
G:loR.OERIC06-I 506 _ 06A-630R .doc :MSC
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•·••••••• • • • •• •••• •••• • ••••••••• S llfHAl WORI ONL 'r •••••••••••••••••••••• • •••••••• THE STATE or COLORADO IS FUNDING THIS PROJECT 1001 .
O(SCRIPTJON
·············································
COSTS
TOTAL LABOlt COST
-~~!!!!~;.
8ATTEU
BU.GAL OW 61:6
8UllliALOW NATERIAL CAIL£
CHARGERS ' TERI AL
E
£RIAL
TEN ,nu
... n~!~ .. TOTAL MATERIAL COST
AC POWER SERVICE
CDHTRACT £HGR .
FILL OUT
SURFACE IIOCI:
TOTAL OTH(R ITEHS COST
PROJECT SUITOTAL
CONT I HGEHC I ES
I ILL PREPARATION rrr
GROSS PROJECT COST
LESS COST PAID n BNSr
TOTAL BILLABLE COST
OUAHTIH U/N
SC .00 NH
21Z .OO HH
'4 .00 HH
1.00 " . 1.00 EA N l.00 LS N l.00 LS N 1.00 LS N I.DD LS N l.OO CA I.OD EA N l.OD CA N l.OD LS N 1.00 EA N l.00 EA N 2.DO LS N
I.DD EA I.DD EA N 10 .DD UN ID .DO EA N
······ ··········· ··········· 1,.CST TOTAL I
~-111 s.u,
l .•C ?
6 . ~ 15
2 . I t :•
7.7 DS
1 .3'5
26 .972 26 .972
2.769
•12 4.Ji:•
1.596
614
l .150
I.SOD
2 .000
9 .ua
I.SOD
2 .220
2.060 1.osa
75
1.396
500
··········· --42 ,332 •2.332
5 .DOD s .ooo
250 zso
ID .SOD 10 .500
79 .804
7.980 m
81 .223
0
11 .223
~™-:~~ t ~•~; ~w_j' ,. __ _, ~,,..
INSTALL:GATES & FLASHERS
CONTROL DEVICES, CONSTANT WARNING
90U) • IN
~-OUT
SALVAGE:NONE
J INSTRl.f<EHT ;CllJSE
• BELL
~ >£TER
CIIDSSJIIG CONTROLL COHN!,CTJOHS
> BIOIRfCTJONAL CROSSIN(; CONTROi.
> UMIOIRE:Cllc»tAI.. CROSSl..::i COt rROL
COLPLEA OR TEIIHIHATION
GUARD RAIL.
....
4&J '~~ ~ .. ~ r I B ~ ,l,.i..---r ~.,.,..s-_j '°"""'"
1---<JO
t;.J,i<Uri
f"-,,.,.;
l 07 ... t'to 5"~
STREET i,o!+ /1"1~ flvt ·
~35-SH
Worr•ung dev1co ploc•ment:
Choronce to C.L. Track : Hin. 12 •.~
tidg• or Rc,od '-o C.L. Foundo1.1on:
Hin. oill ')' .. , \h c..,..b .
Hin. B'J ' •1 \hout. ca.,..b ,
Mtt ... 1z·
Hoin• Cleo.-ance1 25' Hin. to Heor Roi l
38' Man. 1.0 Ed9"• or Rood
• LIGHTS TO BE l _ED
:-. .:,, .... ~
~-·io.::--rfn------.;
,.&.tf'"..:
t
BNSF RAIL/TAY CO.
LOCATIOlfC ....Je..-.,/,C.0
~;':;;W'-t"r..,;;;;;. ,. r'< • H.P .,.,, 71
OOT • :l.</5"35811
DIV ISIOfrf,._.,iUr JLlwr
51.eOIVISIONO.-· ,....,,J..o-j
KANSAS CITY I
NO SCALE •
DAT£:
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L£xA,~,-f c-.1]=~~
Ladislav Vostry
Traffic Engineer
City of Englewood
I 000 Engl ewood Parkway
Englewood, CO 80110
February 26, 2007
RE : Railroad Preemption Time Calculations
Dartmouth Ave and Tejon St
Dear Ladd,
Arv.rli,COmJS
(303) 887-3714
(303) 423-4949 lax
Attached please find the form used to calculate the preemption u."e ,or the railroad crossing
on Dartmouth Ave at Tcjon St. The fonn was obtained from the BNSF Railroad. It is a
comprehensive fonn that was developed by the ·Texas DOT.
The form shows that the nrinimum time thJt is required by the Railroad is greater than the
time needed to clear the intersection. The intersection clearance time is detennined by the
start up time for a truck. The distance from the stop bar to the railroad track is approximately
the same for all three approaches because of the angle that the track crosses the intersection.
The queue clearance section of the attached form was us ed to calculate the start up time for a
truck at the intersection.
If you have any questions, feel free to contact me .
Sm~;~~;;:·:, , _,,-, .. , ...
:,;· ,,1:, .. ·· .. ·, .-. .'
. . . .
Fred Lantz, P .ll .
Texaa Department of Tranwpor1.ltlon
QutDE FOR DETERMININQ TIME REQUIREMENTS FOR
TRAFFIC SIQNAL PREEMPTION AT HIQHWAY-RAIL GRADE CROSSINGS
Olly 'f:.n,Jc.,,1oe,4 1 (?o Dela __ °t/~z._t,-'c/,...o_1...,..... __
C0mp11tadl>f -~tt~"'=4~1,a,yk=~~-County---------
District ---------0111nctAppro••• ________ _
8
S'-Nor1hMOW
Railroad 'B N.SF · -·
Cmling oo,w __,Z.=-4:..._..;5.._3;.,.'.).,_--=8:..:.A.,___
RaHroed Contact
Phone
SECTION 1: RIGHT-Of.W4 Y TR1'NSFER TIME C4LCULA 1 ,lN
Preempt wrfflcatlon and t"Nponse time
• ~ ===~==~;=~~;·:::::::::::::::::::::: ::::::::::: ~Eij3
CIOIIMQStrNtNamo
-Va,-l-.. oJ.fk Ave.
Ler.,,,'c ~c.klll,.,
9t'!l·S~l-4f33
Rem1rb
eom,o1o, type: u:::,,,, / :./-c.
I , P,eempt voriflcallon and ""ponae lime (aeconds): add llneo 1 and 2 ...... ......... ...... ............... I, DJ]
Wonkul conflicting vahlcle limo
4. Wotol-caaa oonlllcllng whlde phua number . . . ... . , . .... .. 4. ~
I . Mlnlmumllf"O"llmldurtngrtghl-ol-way-r{l800ndl) ................... I , rn :: ::.=::::=:~·~.7:·~:~~>·· : .. :.:.: .. :.-... ~~
'Ramarb
'fcJo" t !.l,,&...,J!..
ho.v" 50-"¢. ./,~
9, Worst-cue ..-~f,lctlngvahlcle Hme(..-): odd Hnu 6thraugh8 ....................... 9, ~
Worat-eue conftlcdng podN111on limo
10. WOrat-cue oanfllctlng peellllrlan ~number ................ 10, ~
11 . Minimum walk time dunng right-<lf--w•y -r (Nconda) ..................... 11. 00
1Z. Pedelltlan Ciaa11ncellme durtng right-of.way lranlfer (NCOndo) ........... , 1Z. 0
u . Vehlale yellow change lime , ttnat Included on Uno 12 (Noondl) ............. 13.
14. Vehlclo red clNllnce li me, Wnat -on llnll 12 (NCOnd•) ........... ,., 14. l,S
18. wo111._ conflicting podotlrtan lime (oeamdt): add •-11 thrtNGh 14 ............... 11. ! 5.5 !
... ._. oontllclng v"'11olo orpod--
16. Worat-cue confliclmt whlclo or pedntrion Imo (te0011ds): mutmum of lion hnd 15 .......... 11. ~
17. Rlght-of...,.y tnn■lltr time (Hcondll): add 11-3 and 11 ............................................................. 17, l /0. C.. !
Ver1lon &.10·04
SECTION 2! QUEUE CU!AAANCE TIME CALCUI.ATION
t
DVCD • Cl0
' 1 '·.------cao ■a...,..dllMct
MTCO ■ Mdlnllm._.cleerwadtlwlCII D\l\.•.,,.,--! L ·· 0...-...t,upclllanai,al.:i-.,.iNdlNnoe
DVCD•O....ic,nwihldl...._cl....-.ot
Remarb
11. Clear storag13 dlstRnm (CSD, fest)
19. Minimum trick cluranoo di,lam:e (MTCD. I) •
11.~ 1,. Z~_J .
20. 1..J
tlo o~ .,.., +<.:1d.-u~
-f<> ye,;-~ :J.,,t-,;(' ,/-'.-.
Demgn vehicle type : W 13 -50 20. Deoign vehicle length (DVL. feel) ............. ..
21. Oueuealart-updlllam:e. L(feaQ: addll-1Bend 19 .......................... 21 . ~
Rem,rkl
22. Time ,equlred for design vehicle to a1an moving (118COndsl: caiallats as 2+(L•20) ..... 22. C3::]
23. Dealgn ,ehide clearance dilllanai. DVCO(feel): odd line; '2end20 ...... 23. [fil
~ Fro" c,I,..,+
24. rmefordellgr,vehictetoaoceleratethroughtheDVCD(uconds) ....................... 24. ~ RaldhmFigln 2 1n ~.
21i . Queu, cluranoo time (ttconds): odd llnn 22 and 24 ......................................... -.......... 211 . 00]
SECTION 3: MAXIMUM PREEMPTION TIME CALCULATION
ZS . Rlghk>f-way 1ranele< tine (1econdt): tine 17 ....................................... 21 . ~O,u, )'
27 . Queue clearanoe tlmo (.-ndo): line 2S .................. ...... ................... 27. 4 .5
21. Deol<Wd minim.In Np1ration time (aecond1) ... . .. ... ...... ... ... ... ... ... ... ... . .. Z8 . 4
211 , Maximum pr'NfnpUon tine (Mconda): add llnN 28 through 28 .................... " .. , .............. .
SEC'l'lON 4: SUFFICIENT WARNING 11111: CHECK
30. Required minlm&.rn tin-.. MT (GeCOnds): per rogulallons . .. .. .. 30 .
31 . Cleoranoo tlmt , CT (118COOds1: gelfrorn ndlroad ............... 31 . ~--+---~
32. Minimum wamlr11 time . MWT (°"""'da): odd tines 30 ond 31 ....•.... ExcludOI buffer lime (B'T)
33. ,.11vana, prNmpUon Ume. APT. K proylded (seconds): gel from rslroad .. 33.
34. Wlmlng time provldad by the nillrtiad (N<Xll\d1): edd lines 32 and 33 ............. . . ... 34 .1 z.0 I
36 , AddWonal wamlng time nqulr-.d from n1Uroad (aeconds): eubtract line :M from Un• 211, ~
roundup1DnnrntfullNcond,ontorOHINothanO ............................. -............................................. 35. ~
N wwmlng limo ,-qund (h 35) II groater lhon 21,0. lddl1!onal Mmlng limo h•• to bo ,-qumod from tho-·
• tho mexinum Pf"111)11on tJmo (loo 29) may be deaea&ed ■lier performing an englneorinO tlu>ly to 1.-tigolo the
-8>1ftyoff9duolngthe -onl-1, 5. B. 7. B. 11 .12. 13and 1-4.
Remarks : __________________________________ _
Psge2
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• ll!C11011 I : TRACK CLEARANCE CJREEN TIME CALCULATION (OPTIONAL)
11 ... lon 0-10-IM
Prnmpt Trap Check
31. Mv•-~onlimt(APT);,,uyided(NOOnd1): .......... H.~.,...,-, ..... ..,.
37. MuttlpllerformaxinumAPTduolollllnhondllng .......... ar. ..,_..,_
31 . Maximum APT (NCOndl): mulllply llnl 311 and 37 . . •• .. . ... •• . • ••. ••• ... .• • aa. Romalb
31 . Minimum duraUon for the track dearance green Interval (aec.ond1}. H . For uro advan01 preemption time
40 . G1101 down -l1art of ~•n f,oconda): odd llneo 38 and 39 ..................... 40. C=:J
41. P-1 verifltaCion and rtapo,..line (HCOnd1): !Ina 3 ..................... 41 , C7
4:<. Beot-caaa conflldng venlcle or podeol/1an tine (■econdt): uaualy 0..... .. 42 , c==i Ro,1111,b
.. 3. Minimum right•of••v lr■nafer time (NOOnd1): add lines -41 end 42 •.........•......•..•.•. 43 , C=:J
44. MlnlnMTI trllCk cleaiance gn,en time f-): aublnlct line 43 lrom line <ID ........................... 44. ~
Cloarlntl of Cloor &1oqae Dlatanoe
41. rme noqulred ror ~elllgn vehido toslart moving (aeamds), line 22 .................. .
48. Doslgn Yflhlde cloanlnce dlalance (DVCO , loot), lino 23 ...... 41. C=:J
47. Portion olCSOtocleardutlng trllci«:lllaronce phoaa (laat) ... 47 . C=:J Romarka
cso· il Figura 3 tn 1natruction1.
• 41. lloaign vehicle rotoc:otlon distance (OVRO, INI): odd Inn -48 and 47 ...... ~-C=:J
411 . Tine noqulrad ror dealgn vehido to aocelofate ttvough OIIRO (aec-nnda) .................. 411. C=:J --'""'" • ~ -
ea. Tine to -• portlon or oloar 11,·rage cllatanoo (aaoonda): odd llneo 45ond 49 .......
11. Tl8Ck cloa-•• -n ln-•1 (aacondat. malmum of''-" and IO, round up ID ...,..u111 -.I ··-U. C:J
&eCllON 8: VEHICLE-GATE INTERACTION CHECK(0PT'IONAL) ~ .
11. Right-of-way 1111.-lh"e (aeconda) lilll 17 ... . ... .. .. . .......... , ....... n §
a . 11me noquired for dellgn ,ehlcls to 111tt moving (-), l no 22 ............ ,.. ........ A.
154. Tlmo noqund ror dNlgn vehlclo 10 aocalorate 1hrough DYL (on lino 20. aecondl) ..... &4. ---• ~ --
151, Tlma noquirld for design vehicle 10 clear deecandloG gow (aaccnda): odd llnoe 52 lhougtt 154 .... &li. C:=J
Remarb
Ii&, 01lrollonofGuhlfG ighbbelmtgatedeac:entalart(HCOndl):geHn>m-....... H. C=:J -17, F.ag111dncentlima(-):getfmm-............... , ... , .......... 17,~
sa. Proportion of non-lntaractlon gato deacent lh"e .......... , ........................ A , c==i---•"-·
n . NoN-gndelclrtllmo(-l:nulply-17and58 ..................... n . [==:J • to, Tlma a-fordllolgn ..Wolo 10 oloardnolrdng gato (-):odd•-ee and 59 ........ 80, C=:J
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DEPARTMENT OF TRANSPORT.O.TION
f:b~\:~r ~~~~:u'!lJrm'1
~·1•;1~~
(303 757•82111 Fax
xxxxxxxx
Exli/6,f J7
STATE OF COLORADO
XXXXXXX, 2005
Manager, ndustry and Public Projects
XXXXX Railroad
XXXXXX Avenue
Denver, CO 80221
RE : Preliminary Engineering Authorizat.ions
Dear Mr. XXXXXXX:
Thi s letter is ~he State's authorization to the X.XX to perform
the preliminary engineering services required for CDOT railroad-
highway crossing p ro jects:
xxxxxxxxxxxxxxx
Subject to the following conditions :
a . The a uthori zation is for the maximum amount of $6,136.00
and only fo r engineering services after the date of this notice.
Services performed prior to the date of t his notice are n ot
re imbur sable by the State; and
b. The maximum amount shall not be exceeded without first
obtaining further authorization, in writing, from the State. The
a uthorization amou nt in the above paragraph a. shall be included
in the Railroad's written cost estimate for the project.
Under section 7-101 .06 of the State's Procurement Code, lCCR
101.. (4 /87), the preliminary engineering that is an essential
"pre-contract c ost • can be authorized prior to the execution to
the cont ract for the project, but only if the contract is subject
to the stated conditions below .
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Page 1 of 2
Colorado Oop1r1menl of Tranapor1allon Tron sportallon Sa fety ■l"ld Traffic Enplnffrlnp Branch •
Preliminary engineering shall mean t he work necessary to
produce const,:-uction plans , specifications, and estimates t o the
degree o f completeness r equired f or undertaking construction
thereunder, includi ng l ocating, su rveying, designing, and related
work .
An itemized estimate th,,t is developed as a result of
preliminary engineering services sha ll take into account the
value o f all existing material that can be salvaged and /or
scrapped . I f there is no salvageable and/or scrapped material
that has value, the est l mate shal l so state . The Stat e shall
have a reasonabl e opr-ortunity to inspect the sa l.va ged and /or
s crapped material .
The State considers the prelimi nary engineering to be an
essential pre-contract cost under section 7-101.06, State
Pr ocurement Code, since the co st is incurred directly pursuant to
and in anticipation of the award of the proposed contract . If
the preliminary engineering is performed now the public will •
benefit when the improv ements have been made .
Thi s authorization i s pursuant to 23 CFR 646, Subpart B .
Further , eligible costs include only those actual incurred costs,
as provided in 23 CFR 140, Subpart I .
This authorization is fo r preliminary engineering only and is
not for the actual performance of the project installation work.
If you have any questions, please contact Hayne Hutchinson at
3 03-757 -9268.
cc: File
Sincerely,
Gabriela C. Vidal., P .E.
Bran ch Manager
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EXHIBITE
LA TE-FILED EXHIBff
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SAMPLE FUNDING LEJTJ:B
Exhibit __ _
Date : ___________ State Fiscal Year: _____ _
TO: (contractor's name here)
SUBJECT: Funding Letter No. __ _
In .accordance with Paragraph __ of contract routin!iJ number ____ , between the State
of Colorado Department of or Higher Ed Institution agency name) (~ and (contractor's
DACIH:.) coverin g the period of c,""'I""-:"~,.........._.'""""".,.,..) through (contract end date), the
undersigned commits the follow ing fun s to t e contract:
The amount of funds available and specified In Paragraph __ Is (Increased/decreased) by (1
amount of ch ;m~ to a new total funds available of($__)_ to satisfy orders under the contract.
Paragraph __ Is hereby modified accordingly .
This funding letter does not constitute an order for services under this contract.
This funding letter Is effective upon approval by the State Controller or such assistant as he may
'ii!gnate ..
-ROYALS: . .
State of Colorado:
BIii Owens, Governor
By:~----~-----Date: ________ _
For the Executive Directo r/College President
Colorado Department of ______ or Higher Ed Institution _______ _
Date : -----------{Dlvlslo..,.,n...,) ________ _
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
:RS 24-30-202 requires that the State Controller approve all state contracts . This contract Is not
1alld until the State Controller, or such assistant as he: may delegate, has signed It, The
:ontractor Is not authorized to begin performance until the co ntract Is signed ,rnd dated below . If
>erformance begins prior to the date below, the State of Colorado may not be obligated to pay
'or goods and/or services provided .
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State Controller
Arthur L. Barnhart
By :--------------
Date : _______________ _
Oale lmlod: l'obNlr)' 10, 2003
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EXHIB!Tt'(q
In compliance with Title VI of the Civil Rights Act of 1964 and with Section I 62(a) of the
Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest,
agree as follows:
A. Compliance wjth Regulations. The Contractor will comply with the Regulations of the
Department ofTransportation relative lo nondiscrimination in Federally-assisted programs of the
Department of Transportation {Title 49, Code of Federal Regulations, Part 21, hereinafter referred lo as
the "Regulations"), which are herein incorporated by reference and made a part of this contract.
B . Nondjscriminatjon. The Contractor, with re~ard lo 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,
menial 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. Soljcjtatjons for Subcontracts Inc)udjng Procurement of Materials and Equipment. 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 n ondiscrimination on the ground of race, color, sex, mental or
physical handicap or national origin.
D. Infonnatj9n and R«ports. The Contractor will provide all information and reports required
by the Regulations, or orders and instructions issued pursuant thereto, and will permit access lo its
books, records, accounts, other sources of information, and its fa cilities as may be determined by the
Slate or the FHW A to be pertinent to ascertain compliance with such Regulations, orders and
instructions . Where any information required of the Contractor is in the exclusive po ssession of
another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or
the FHW A as appropriate, and shall set forth what efforts have been made to obtain the informatio n.
E . Sanctions for Noncompliance. In th e event of the Contractor's noncompliance with the
nondiscrimination provi sions of this contract, the Slate shall impose such contract sanctions as it or the
FHWA may determine lo be appropriate, including, but not limited .to:
(I) Withholding of payments 10 the Contractor under the co ntrac t until the Contractor
complies, and/or;
(2) Cancellation, termination or suspension oflhe contract, in whole or in part . •
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F. Incomoration of Provisions . 111c 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 FHW A may direct as a
means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in
the event the Contractor becom es 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 intercsta of the State and, in addition, the Contractor may request the FHW A to enter into
such litigation to protect the interests of the United States.
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COUNCIL COMMUNICATION
Date: Agenda Item : Subject:
April 16, 2007 9 a i IGA to upgrade the railroad crossing warning
circuitry at the Dartmouth and Tejon Intersection
Initiated By: Staff Source:
Public Works Departmen t Rick Kahm , Director Of Public Works
Ladd Vostry, Traffic Engineer
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There ha s been no previous Council action. Staff discussed this Intergovernmental Agreement
(IGA) w ith City Council at the April 9~ Study Session .
RECOMMENDED ACTION
Staff seeks Council approval of a Bill for an Ordinance to enter into an Intergovernmental
Agreement (IGA) pertaining to the Colorado Department ofTransportation's (COOT) hazard
elimination project no . SRP M395-0l 4, 15983 ; Interconnect pre-empt ion circuitry at the Dartmouth
and Tejon signalized intersecti on.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDPIITIFIED
Federal funds, administered through COOT, are being made available for the elimination of hazards
at certain high way/railroad grade crossings. In 2004, staff applied for Federal Rail -Highway Crossing
Safety Improvement Project funds (FY2006 through FY2008) for a safety project t0 install
interconnect railroad pre-emption circuitry at the Dartmouth and Tejon signalized intersection . This
project was selected by COOT for Federal fundin8 in FY2007 . COOT applied, on behalf of the City
of Engle w ood, for a Public Utilities Commission (PUC) order for the interconnect pre-emption
circuitry improvement. The PUC granted the application with expected commencement of
crossing operations by the end of 2007.
The project will greatly enhance safety of the intersection . The railroad pre-emption de vices will
detect oncoming trains and activate the traffic signal pr e-e mpti on feature . The traffic signal will then
display red indications in all tra vel directions for the duration of railro ad pr e-em ption .
FINANCIAL IMPACT
Project costs for crossing protection devices are $88,233 ; 100% of this amount is eligible for
Federal funding. There are no local matching funds required for this project The City of
Englewood will participate only with incidental expenses, such as labor costs, relating to minor
traffic signal modifications in connection with installation of the pre-emption circuitry.
UST OF ATTACHMENn
Prnposed Bill for an Ordinance
Contract for upgrading highway/railroad grade crossing warning devices
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