HomeMy WebLinkAbout20032771.tiff RESOLUTION
RE: APPROVE CONTRACT FOR SERVICES ON WCR 13 AND AUTHORIZE CHAIR TO
SIGN - GREAT WESTERN RAILWAY, 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 on Weld County
Road 13 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, 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 on Weld County Road 13 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, 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 6th day of October, A.D., 2003.
B D OF COUNTY COMMISSIONERS
W COUNTY, CO OR O
ATTEST: Ma% 1.
vid E. Long, Ch it
Weld County Clerk to the Board
Robert D. den, Pro-Tem
rk to the Board
M. J. eile
William . Jerke
Glenn Vaad
Date of signature: Ito -9-v 3
2003-2771
EG0047
r0 ; RA)
CONTRACT FOR SERVICES
WELD COUNTY
THIS CONTRACT, made and entered into this day of , 2003, is
by and between the County of Weld, 1111 H Street, Colorado, 80632-0758, a Colorado home
rule municipality(the "County"), and the GREAT WESTERN RAILWAY LLC, P.O. Box
537, Loveland, Colorado, 80539, hereinafter referred to as the "Company".
RECITALS
WHEREAS,the County is in need of services to replace the railway grade crossing
surface located at Weld County Road 13 and the intersection with the Great Western Railway,
near Walker CO; and
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
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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 Mr. Wayne Howard, Project Manager, Weld County, 1111 H Street, Greeley,
CO 80632-0758. Any Notice to the Company pertaining to this Agreement shall be
delivered to Mr. Gary Earnshaw, Vice President, Great Western Railway, P.O. BOX 537,
Loveland Colorado, 80539.
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. 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: 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.
10. 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.
11. Survival Clause: The indemnification provision of Paragraph 8 shall survive the
termination of this Contract.
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12. 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.
13. Insurance Requirements.
a. Comprehensive General Liability Insurance. The Company shall procure
and keep in force during the duration of this Agreement a policy of Comprehensive
General 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
Twenty Thousand Dollars ($20,000). 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 the 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.
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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 cancellation or any
material change in the policies shall not be effective until thirty(30) days after written
notice thereof to the County.
f. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract.
WELD COUNTY, COLORADO
ATTEST: ����
[SEAL] /�'l/t/ � `j E
1861 (° �A�.•�- �,
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BY: , �� �,, ;•ra �� David E. Long, Chair
DATE: OCT 0 6 7003
GREAT WESTERN RAILWAY, LLC
BY:
DATE: 30 L Zozr?
STATE OF COLORADO )
ss.
COUNTY OF WELD)
Acknowledged before me this 3d`1' day of .f , 2003 by
Via-/ l' a-c.62)i jam, , ' G .
(Company) O
Witness my h. i•.,' : • official seal.
20d
,
ELAINE n
MIISSELMAN otN ary Public
My Oasmktlsa Eq/rn May 17,2004
On:aiTR 4X Page-5 09/30,03
EXHIBIT A
SCOPE OF SERVICES
Replacement of The Great Western Railway Grade Crossing —
Weld County Road 13, near Walker, CO
1. Location. Weld County Road 13, near Walker CO
2. Scope. Perform the following tasks and services:
A) The work will be performed at the expense of the County. 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, 56 lineal feet of material required.
B) The County will pay the Company a sum not to exceed $65,000 for the total
crossing surface length for work described above. 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 between October 6 and October 31, 2003.
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 allow a street closure for 7-
calendar days or as necessary for the Company's construction.
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 Gary Earnshaw 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 flagger need be present and whether the County need
implement any special protective or safety measures. If any flagger 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.
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E) The County, at its own cost and expense, will provide all barricades, lights,
flaggers 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. The drainpipes and filter fabric will be furnished
and installed by the Company at Company expense.
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.
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MEMORANDUM
WI I ID C TO: Clerk to the Board DATE : October 2, 2003
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's Co nication portion of the next agenda:
WCR 13 Great Western Rail Road Signal Project rehabilitation cost
in the amount of$65,000.
The appropriate documentation is enclosed
Enclosures •
pc: Wayne Howard, Project Manager 1
M:\FRANCIE\AGENDA-1.WPD
2003-2771
MEMORANDUM
eirmo
Date: 9/24/03
To: Frank B. Hempen, Jr., P.E., Director of Public Works/County Engineer
From: Wayne Howard, P.E., Project Manager
COLORADO RE: Great Western RR Crossing Rehabilitation Costs for WCR 13
As part of the WCR 13/RR Signal project, we have received a cost for the Great Western RR to rehab the
existing crossing on WCR 13, north of WCR 38. The rehabilitation is necessary based upon the revised
vertical elevation of WCR 13 at the RR crossing. The existing tracks and road elevations do not match
which create a hazardous condition. Rehabilitation will consist of replacing the existing 24' asphalt and
wood tie crossing with a new 56' concrete crossing and the existing tracks will be raised to accommodate
the new WCR 13 elevation.
Great Western Railway has submitted a rehabilitation cost (see attached) for the not to exceed amount of
$65,000. It is anticipated that this work could begin early October 2003. Our construction work is to
begin in conjunction with the replacement of the tracks.
I recommend that we approve the costs submitted by Great Western Railway to rehabilitate the crossing.
M:\—Active Projects WCR 13,WCR 38 and WCR 40\Design\Forms\Memo Re RR Costs Form.doc
GREAT WESTERN RAILWAY
OF COLORADO,L.L.C.
P.O.Box 537 Zip 80539
950 Taylor Avenue
Loveland,Colorado 80538
Telephone 970-667-6883
Fax 970-667-1444 Omni -�
Mobile 970-567-1388
http://wwavomnitrax.com
September 30, 2003
Mr. Wayne Howard, P.E.
Project Manager
Weld County
Public Works Department
1111 H Street
PO Box 758
Greeley, CO 80632-0758
Dear Wayne:
Enclosed find two signed Contracts between Weld County and the Great Western
Railway of Colorado for the concrete crossing installation at Weld County Road 13 near
Walker, CO. Please have both signed and return a signed copy for our records. If you
have any questions, please contact me at 303.398.0437.
Sincerely,
Chris Dodge
Vice President Engineering &Mechanical
OmniTRAX, Inc.
252 Clayton St. 4th Floor
Denver, CO 80206
Phone: 303.398.0437
Fax: 303.393.6516
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