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Home My WebLink About20070394.tiff RESOLUTION RE: APPROVE CONTRACT FOR SERVICES FOR INSTALLATION OF RAILWAY GRADE CROSSING AT FAIRVIEW STREET AND WELD COUNTY ROAD 26 AND AUTHORIZE CHAIR TO SIGN - GREAT WESTERN RAILWAY OF COLORADO, LLC WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Contract for Services for Installation of a Railway Grade Crossing at Fairview Street and Weld County Road 26 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Great Western Railway of Colorado, LLC, commencing upon full execution, with further terms and conditions being as stated in said contract, and WHEREAS,after review,the Board deems it advisable to approve said contract,a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract for Services for Installation of a Railway Grade Crossing at Fairview Street and Weld County Road 26 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Great Western Railway of Colorado, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2007. BOARD OF COUNTY COMMISSIONERS 9 WE� U COLORADO ATTEST: � �,,�r{� rot_ ""v - ',J avid E. Long, Chair Weld County Clerk to the rd ` � ' \--r s..i 1 ..t' '—lip el---4.4--, vs)Ilia H r Pro-Tem BY: ge-/np Deputy Clerk to the Boar ` 1 William F. Garcia APP9D AS TO EXCUSED R rt D. Masden / unty Attorney 19/02b/07Douglas R dema Date of signature: 2007-0394 EG0056 00 ;PAJ ( t 5 ) Ch2-.27-e7 D MEMORANDUM DWI ' TO: Clerk to the Board DATE: February 8, 2007 C. COLORADO FROM: Drew Scheltinga, County Engineer SUBJECT: Agenda Item Contract for Services with Great Western Railway on Fairview Street and on WCR 26. Two original Contracts are enclosed. Please return one signed original to Public Works upon execution. The appropriate documentation is attached. M:\Francie\Agenda Item.doc l 2007-0394 CONTRACT FOR SERVICES COUNTY of WELD THIS CONTRACT, made and entered into this /1/71` day of 11,14zutficAl , 2007, is by and between the COUNTY of WELD, 1111 — H Street, Greeley, Colofado, 80632, a Colorado home rule municipality, hereinafter referred to as the "County", and the GREAT WESTERN RAILWAY, P.O. Box 537, Loveland, Colorado, 80539, hereinafter referred to as the"Company". 1 A.�a- RECITALS VV WHEREAS, the County is in need of services to install the railway grade crossing surface and grade crossing warning system located at Fairview Street, Longmont and the intersection with the Great Western Railway, Loveland CO; and to install the railway grade crossing surface and grade crossing warning system located at Weld County Road 26 and the intersection with the Great Western Railway, Loveland WHEREAS,the Company provides such services as required by the County; and WHEREAS, the County desires to retain the services of the Company to complete the above described Project. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and the Company agree as follows: 1. The County hereby retains the Company to perform the services on the terms and conditions specified herein and the Company agrees so to serve. 2. The Scope of Services is attached hereto as Exhibit A and made a part of this Agreement. The Company agrees to perform the work described in the Scope of Services in compliance with all provisions of this Agreement. The Company represents that it has the requisite capacity to perform all terms and conditions on the Company's part to be performed hereunder. 3. The County reserves the right to omit any of the tasks identified in the Scope of Services, upon written notice to the Company prior to the Company ordering any materials necessary for or commencing performance of the services set forth in the Scope of Services. 4. The County agrees to pay to the Company for the services rendered pursuant to this Agreement the sums set forth in the manner set forth in the Scope of Services, as adjusted to reflect the omission or addition of any of the tasks set forth therein. 5. Appropriation: The parties agree and acknowledge that this Agreement does not constitute a multiple fiscal year debt or financial obligation of County based on County's ability to terminate this Agreement pursuant to "Termination," below. Company acknowledges that County has made no promise to continue to budget funds beyond the current fiscal year and that County has and will pledge adequate cash reserves on a fiscal year-by fiscal year basis. 6. Termination: The Contract may be terminated by either party upon ten (10) days written notice so long as such notice is received by the other party prior to the Company ordering any materials necessary for or commencing performance of the services set forth in the Scope of Services. Any Notice pertaining to this Agreement to the County shall be delivered to County Engineer, County of Weld, 1111 — H Street, Greeley, Colorado 80632. Any Notice to the Company pertaining to this Agreement shall be delivered to Mr. Carl Hollowell, Vice President, Great Western Railway, P.O. BOX 537, Loveland Colorado, 80539. C Cora �t> L�. 7 Independent Contractor Status, Payment of Taxes and Unemployment Insurance: In performing the Work, the Company acts as an independent contractor and is not acting as an agent, servant or employee of the County. The Company is solely responsible for withholding and paying all federal and state taxes. The Company and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by the Company or an entity other than the County. 8. Indemnification: The parties hereby respectively agree to and shall, to the extent allowed by law, indemnify, defend, save and hold the other harmless from any and all liability, loss, costs, charges, penalties, obligations, expenses, attorneys fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, caused by any material violation of the contract or of any law, ordinance or regulation by the indemnifying party, its agents, employees, servants, subcontractors, business invitees, or by the negligence or willful misconduct of any of the foregoing. 9. Entire Agreement: This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, this Contract may not be modified or amended except by written agreement of the parties. 10. Governing Law and Venue: t; if;rnrrt;;�i If1��Ni - This Contract shall be governed by the laws of the State of Colorado, and venue shall be in the County of Weld, State of Colorado. 11. Subcontracting by Company: Company shall retain the right to subcontract any or all of the work to be performed hereunder. Executed copies of any and all subcontracts shall be furnished to the County upon request. Company shall consult in good faith with the County regarding the selection of a subcontractor prior to the execution of any such subcontract. 12. Survival Clause: The indemnification provision of Paragraph 8 shall survive the termination of this Contract. 13. Severability: If any provision in this Contract shall be declared by a court of competent jurisdiction to be invalid, such decision shall not invalidate any other part or provision hereof. 14. Insurance Requirements. a. Railroad Liability Insurance. The Company shall procure and keep in force during the duration of this Agreement a policy of Railroad Liability Insurance insuring the Company and the County against any liability for personal injury, bodily injury, death, or property damage arising out of the performance of the Services with a combined single limit of at least One Million Dollars ($1,000,000). The limits of said insurance shall not, however, limit the liability of the Company hereunder. b. Comprehensive Automobile Liability Insurance. The Company shall procure and keep in force during the duration of this Agreement a policy of Comprehensive Automobile Liability Insurance insuring the Company and the County against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by the Company which are used in connection with the Project, whether the motor vehicles are owned, non-owned, or hired, with a combined single limit of at least One Million Dollars ($1,000,000). The limits of said insurance shall not, however, limit the liability of the Company hereunder. c. Terms of Insurance. (i) Insurance required by this Agreement shall be with companies qualified to do business in the State of Colorado with a general policyholder's financial rating of not less than A- as set forth in the most current edition of "Best's Insurance Reports" and may provide for deductible amounts as the Company deems reasonable for the Services, but in any event no greater than Five u.l urtUrart 31200? Pa;r_ Hundred Thousand Dollars ($500,000). No such policies shall be cancelable or subject to reduction in coverage limits or other modification except after thirty (30) days prior written notice to the County. The Company shall identify whether the type of coverage is "occurrence" or "claims made." If the type of coverage is "claims made," which at renewal Company changes to "occurrence," Company shall carry a six (6)-month tail. The Company shall not do or permit to be done anything that shall invalidate the policies. (ii) The policies described in (a) and (b) above shall be for the mutual and joint benefit and protection of the Company and County. Such policies shall provide that the County, although named as an additional insured, shall nevertheless be entitled to recovery under said policies for any loss occasioned to it, its servants, agents, citizens and employees by reason of negligence of the Company, its agents, employees, servants, subcontractors, or business invitees. Such policies shall be written as primary policies not contributing to and not in excess of coverage the County may carry. d. Other Insurance. The Company shall procure and keep in force during the term of this Agreement workers' compensation insurance and all other insurance required by any applicable law, ordinance, or regulation. e. Evidence of Coverage. Before commencing work under this Agreement, the Company shall furnish to the County certificates of insurance policies evidencing the required insurance coverage. Such certificates shall provide that the Company will endeavor to notify the City thirty (30) days prior to cancellation or any material change in the policies. £ Subcontracts. The Company agrees to include the insurance requirements set forth in this Agreement in all subcontracts. The County shall hold the Company responsible in the event any subcontractor fails to have insurance meeting the requirements set forth in this Agreement. The County reserves the right to approve variations in the insurance requirements applicable to subcontractors upon joint written request of the Company and subcontractor if, in the County's opinion, such variations do not substantially affect the County's interests. CO/n1Ort 11,1'KJ4 It; - ). IN WIT k`sn*-""., • OF, t o parties hereto have executed this Contract. / 4 BOARD OF COUNTY COMMISSIONERS ATTEST: .. tax,w„ltv: W D COUNTY, COLORADO [SEAL] -quo. Or %�� ,R+• �� David E. Long, Chair t- 1 4 2007 BY: = - ,fl,tigt ATTEST: G -44 Weld County Clerk to the Board BY: gag&. - j X11 APPRO-Vf;20 AS TO FO • / County Attorney GREAT WESTERN RAILWAY of COLISoi 4LC- BY:Th . DATE: 2_I Si al STATE OF COLORADO ) ss. COUNTY OF WELD) Acknowledged before me this 3-4-4 day of Feb ful r j , 2007 by yZ ? t cjlrs v-(e'- (z L rfrku (Company) Gino/U- 10eo+N!/1 kal Lanka c€ Color:44o, LLC Witness my hand and official seal. My Commission expires: // /0//�00 ? :•�O R y:, Notary ub cn�: o Giro w LA FOF co‘-`) >,,,‘i11; COMP.<! r; t,o P. My Commission Expires 11/01/2008 000- O S Cirq EXHIBIT A SCOPE OF SERVICES r Gc Cola! "jo,Lc.Ci Installation of The Great Western RailwayAGrade Crossing — 'Nett Fairview Street and W.C.R. 26, Longmont, CO 1. Location. Fairview Street, & Weld County Road 26 Longmont, CO 2. Scope. Perform the following tasks and services: A) The work will be performed at the expense of the County. Fairview Street said work will consist of the installation of a concrete crossing surface material including upgrades to the track to accommodate new concrete crossing surface material (Century Concrete Crossing Product or equivalent), to adequately include all vehicular driving lanes and sidewalks, approximately 96' lineal feet of material required. In addition, in Phase I, two cross bucks will be installed for a passive grade crossing warning system. W.C.R. 26 said work will consist of the installation of a concrete crossing surface material including upgrades to the track to accommodate new concrete crossing surface material (Century Concrete Crossing Product or equivalent), to adequately include all vehicular driving lanes and sidewalks, approximately 104' lineal feet of material required. In addition, in Phase 1, two cross bucks will be installed for a passive grade crossing warning system. B) The County will pay the Company a sum not to exceed $57,574.00 (Fifty seven thousand, five hundred and seventy four dollars and no cents) for the total crossing surface length for the Fairview Street work described above which includes the Phase 1 passive grade crossing warning system. Additionally, the County will pay the Company a sum not to exceed $63,236.00.00 (sixty three thousand, two hundred and thirty six dollars and no cents) for the total crossing surface length for the W.C.R. 26 work described above which includes the Phase 1 passive grade crossing warning system. Payment by County will be made at the completion of the Project and within 30-days of receipt of an invoice from the Company. C) The Company shall begin the project on a mutually agreed upon date. The Company shall notify the County 14-days prior to the start of the project to ensure that County has sufficient time to notify the public and mobilize County forces to assist in the Project. The County shall not utilize the new crossing until the passive grade crossing warning system is in place. D) After completion of the Project, the Company, at its own cost and expense, will maintain the crossing surface in a satisfactory manner, provided,however, that the Company shall be entitled to receive any contribution toward the cost of such maintenance as may be now or hereafter made available by reason of any law, ordinance, regulation, order, grant, or by means or sources. After completion of the Project, the County, at its own cost and expense, will maintain the roadway approaches to the edge of the concrete crossing surface including any transition thereto, all traffic control devices for the crossing not activated by trains. At least five days before the County performs any maintenance within 25 feet of the centerline of the track, it shall notify Carl Hollowell at the Great Western Railway in Loveland at (970) 667-6883. Said notice shall inform Company's Agent of the date(s) of the proposed maintenance, repair or desired vehicular or equipment access, the nature of the maintenance, repair or access to be performed and the manner in which the maintenance, repair and access shall be performed. Upon receipt of such notice, Company's Agent will determine and inform the County whether a Company flag person needs be present and whether the County need implement any special protective or safety measures. If any flag person or other special protective or safety measures are required or performed by the Company, such services will be provided at the County's expense. No maintenance performed by the County shall cause any interference with the constant, continuous and uninterrupted use of the trains, property and facilities of Company or those using Company's facilities with its permission. E) The County, at its own cost and expense, will provide all barricades, lights, flag persons or traffic control devices necessary for detouring vehicular traffic at the crossing, during construction of the crossing involved. F) The County further agrees to allow the Company to drain the crossing area into existing storm sewers, if available, near the crossing or, if not available, into another structure or watercourse. G) The Company shall submit invoices with supporting documentation for the total amount of the invoice. Said invoices shall only include work (material, labor and contract services) actually performed or incorporated into the crossing. (ri,,, - Hello