HomeMy WebLinkAbout20240201.tiffRESOLUTION
RE: APPROVE RAILROAD CROSSING ENGINEERING AND SURVEY COST SHARE
AGREEMENT FOR AT -GRADE CROSSING AT COUNTY ROAD 54, 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 Railroad Crossing Engineering and
Survey Cost Share Agreement for the At -Grade Crossing at County Road 54 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, with
further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Railroad Crossing Engineering and Survey Cost Share
Agreement for the At -Grade Crossing at County Road 54 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of January, A.D., 2024.
ATTEST: ...W.,ayttisjjex e4
Weld County Clerk to the Board
BY i1 . Ch u-) I 1 -
AP
Deputy Clerk to the Board
County ttorney
Date of signature:
BOARD OF COUNTY COMMISSIONERS
WELD COUNT
Y
oss, Chair
erry L. k, Pro-Tem
Mike Freeman
K. James
ce:pw(cHibw/DD/µeds8) 2024-0201
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Great Western Railway Cost Share Agreement
DEPARTMENT: Public Works DATE: January 8, 2024
PERSON REQUESTING: Michael Bedell, Don Dunker, and Curtis Hall
Brief description of the problem/Issue:
The Great Western Railway (GWR) and the Public Works Department desire to participate in a cost share
agreement to design improvements for an existing railroad crossing located on WGR54, between WCR17 and
15. GWR is proposing to utilize a consultant designer, Bums & McDonnell, which they have worked with
successfully on similar past projects. GWR is proposing to split the cost of the design equally. The County
Attorney's Office has reviewed the agreement and found it to be acceptable.
What options exist for the Board?
1. Recommend approval for staff to move forward with this GWR Agreement.
2. Request a work session with staff to discuss this request.
3. Deny recommending approval of this GWR Agreement.
Consequences:
Approval of this Agreement would result in the design of the proposed railroad crossing improvements moving
forward in 2024 as planned.
Impacts:
Public Works anticipates the design services would be completed in 2024.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
The proposed County portion of the Agreement is $69,585.00. These funds are budgeted in 2024 as a line
item in account 32700-6373.
Recommendation:
Public Works recommends authorization to submit this Great Western Railway Agreement to cost share the
design of the crossing for consideration as a line item on an upcoming BOCC Meeting Agenda.
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Seine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
2024-0201
One (1) At -Grade Crossing
Between Mile Posts 15 & 17 on the Longmont Subdivision
Weld COUNTY Road 54 (WCR-54), U.S. DOT#849362K
RAILROAD CROSSING ENGINEERING & SURVEY COST SHARE AGREEMENT
THIS WELD COUNTY ROAD 54 COST SHARE AGREEMENT ("Agreement") is
executed to be effective as of the t-144.1 day of t Ant). `--A, , 2024, by and
between the Board of County Commissioners of Weld County, Colorado (hereinafter
called, "COUNTY"), and Great Western Railway of Colorado, L.L.C., a Colorado limited
liability company (hereinafter called, "GWR").
WITNESSETH:
WHEREAS, GWR and the COUNTY have determined to conduct a site survey and
engineering to determine how to improve the grade crossings over the track of GWR at
Weld County Road 54 (WCR-54), U.S. DOT Crossing number 849362K, located between
Mileposts 15 and 17 of GWR's Longmont Subdivision, as depicted on the attached
"Exhibit A" which is incorporated into this Agreement by this reference (collectively, the
"WCR-54 Road Crossing"); and
WHEREAS, the COUNTY agreed to fund half of all costs associated with the
survey and engineering at CR-54 Road Crossing; and
WHEREAS, the COUNTY and GWR desire to enter into this Agreement to provide
for terms and conditions under which the COUNTY will provide such funding; and
For and in consideration of the mutual promises and covenants contained in this
Agreement and other good and valuable consideration, the receipt and adequacy of which
are hereby confessed and acknowledged, the parties agree as follows:
ARTICLE I — SCOPE OF WORK
SECTION A. Scope and Cost Estimate
Scope Item ("SCOPE")
Performed by
County portion
Estimated Cost
Topography
Burns & McDonnell
50%
$19,170.00
Plan & Estimate Preparation
Burns & McDonnell
50%
$109,100.00
Specifications Preparation
Burns & McDonnell
50%
$10,900.00
Total Cost
$139,170.00
Estimated County Cost
$69,585.00
Page 1
0.2o.21/ -,A>2.01
SECTION B. GWR to Direct and Manage Railroad Crossing Engineering & Survey
GWR, using either its own forces, or the forces of a qualified contractor will
complete the SCOPE in a workmanlike manner without unnecessary delay.
ARTICLE II — COST ALLOCATION
The costs shown in Article I, Section A of this Agreement are a good faith estimate
of the costs associated with the SCOPE and COUNTY shall be responsible for fifty
percent (50%) of GWR's actual and incurred costs, whether direct or indirect, in
connection with the SCOPE. GWR will submit invoices to the COUNTY for its costs
incurred under this Agreement. The COUNTY will reimburse GWR no later than thirty
days after COUNTY's receipt any invoice from GWR. In the event that the estimated cost
is exceeded, both parties shall participate in a formal change order document to be signed
by both parties prior to any such additional costs being compensated by the County.
ARTICLE III — MISCELLANEOUS
This Agreement contains the entire agreement between the COUNTY and GWR
pertaining to the matters set forth and will be binding upon and inure to the benefit and
detriment of the executors, administrators, personal representatives, heirs, successors
and assigns of each. This Agreement may be modified only through a writing signed by
an authorized representative of both the COUNTY and GWR.
This Agreement shall be governed by and interpreted in accordance with the
substantive laws of the State of Colorado, excluding any choice of law rules which would
refer the matter to the laws of another jurisdiction. The COUNTY and GWR submit to the
jurisdiction of the courts sitting in Weld County, Colorado for the purpose of any civil action
or legal proceeding arising out of or relating to this Agreement.
If any provision or part of a provision of this Agreement is held to be invalid,
unenforceable, or contrary to public policy, law, or statute, the remainder of this
Agreement will remain valid and fully enforceable.
The COUNTY and GWR agree to cooperate fully and execute any and all
supplementary documents and to take all additional actions which may be necessary or
appropriate to give full force and effect to the terms and intent of this Agreement. Both
parties shall strive to complete the work in a timely manner, with a goal of completing the
work by December 31, 2024.
[signatures follow]
Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
COUNTY:
BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY COLORADO
GWR:
GREAT WESTERN WAY OF COLORADO, L.L.C.
a Colorado Ilmit d Iity company
By:
STATE OF COLORADO )
)ss.
COUNTY OF DENVER )
The foregoing Railroad Crossing Surface Improvement Agreement was
acknowledged before me this c day of l _2024, by John Spiel k. bnatar� ,
of Great We em Railway of Colorado, l L'G., a Colorado
limited liability company.
Witness my hand an official seal
iC'1 ! ) 4' .CCi
Nota Public MICHELLE GARCIA
NOTARY PUBLIC
q STATE OF COLORADO
My commission expires: it . of NOTARY ID 20204028733
,$I0N EXPIRES AUGUST 19, 2024
Page 3
Exhibit A
Contract Form
Entity Information
Entity Name *
GREAT WESTERN RAILWAY OF
COLORADO
Entity ID*
@00013433
Contract Name*
RAILWAY CROSSING IMPROVEMENTS DESIGN
AGREEMENT
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
7754
Contract Lead *
MBEDELL
Contract Lead Email
MBedell@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
SFT-15
Contract Description *
A COST SHARE AGREEMENT TO DESIGN IMPROVEMENTS FOR AN EXISTING RAILWAY CROSSING LOCATED ON
WCR54 BETWEEN WCR1 5 AND WCR1 7.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$69,585.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov.co
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
RN EY@WEL
DGOV.COM
Requested BOCC Agenda Due Date
Date* 01/13/2024
01/17/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date
12/31/2024
Committed Delivery Date
Renewal Date
Expiration Date"
12/31/2024
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
01/11/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
01/24/2024
Finance Approver
CHRIS D'OVIDIO
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
01/11/2024 01/19/2024
Tyler Ref #
AG 012424
Originator
MBEDELL
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