HomeMy WebLinkAbout20222537.tiffRESOLUTION
RE: APPROVE RAILROAD CROSSING SURFACE IMPROVEMENT AGREEMENT FOR
RAILROAD CROSSING AT COUNTY ROAD 38 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 Surface
Improvement Agreement for the Railroad Crossing at County Road 38 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 Surface Improvement Agreement for the
Railroad Crossing at County Road 38 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 7th day of September, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE.D COUNTY, COLORADO
ATTEST: da:A.A.)
Weld County Clerk to the Board
County Attorney
Date of signature: q/iL
claltt K. James, Chair
CC ; PL..) (CN /ER/OD f'48)
►0/27/22
2022-2537
EG0080
cb-rk-t'cxc+ I Ptk(vi7 I
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: GWR Crossing Improvement Agreement for WCR38
DEPARTMENT: Public Works DATE: 8/16/22
PERSON REQUESTING: Michael Bedell (Senior Engineer) and Don Dunker (County Engineer)
Brief description of the problem/issue:
The proposed Agreement entails construction of safety improvements for an existing railroad crossing located
on WCR38 between 11 and 13. The County portion of the proposed cost -share Agreement is associated with
the required materials for the new crossing and asphalt approaches, and Great Western Railway (GWR) portion
is associated with required labor, equipment, and traffic control. Public Works (PW) budgets for these type of
safety improvements as part of the PW annual budget (Account #32700-6373). The constructed improvements
will improve the driving conditions and the safety features of the railroad crossing. Public Works has
successfully partnered with GWR on past similar projects. The County Attorney's office has reviewed the
Agreement and finds it acceptable.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options):
The Board may choose to recommend approval of the attached Agreement.
The Board may choose to offer suggestions or comments to modify the attached Agreement.
The Board may choose to request Public Works staff schedule a work session to discuss the Agreement.
Recommendation:
Public Works staff recommends approval of the attached Agreement, in the amount of $188,799.93. If
recommended for approval, staff will get this item onto an upcoming BOCC Meeting agenda.
Approve
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Seine
All
Schedule
Work Session
Other/Comments,
2022-2537
oq/o-1 �-I ooh
One (1) At -Grade Crossing
At Mile Post 11.86 on the Longmont Subdivision
Weld COUNTY Road 38 (WCR-38), U.S. DOT#849342Y
RAILROAD CROSSING SURFACE IMPROVEMENT AGREEMENT
THIS WELD COUNTY ROAD 38 TRACK AND ROADWAY SURFACE
IMPROVEMENT AGREEMENT ("Agreement") is executed to be effective as of the
day of SWOTV V , 2022, 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 improve the grade
crossings over the track of GWR at Weld County Road 38 (WCR-38), U.S. DOT Crossing
number 849342Y, located at Milepost 11.86 of GWR's Longmont Subdivision, as depicted
on the attached "Exhibit A" which is incorporated into this Agreement by this reference
(collectively, the "WCR-38 Road Crossing"); and
WHEREAS, the COUNTY agreed to fund a portion of costs associated with the
crossing improvements at CR-38 Road Crossing, both direct and indirect, including but
not limited to the cost of materials for the crossing surface, the closure, traffic control,
and paving of CR-38, for the crossing construction; 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
Performed by
County portion
Estimated Cost
Traffic Control
GWR
0%
$12,000.00
Paving (incl. 150' each approach)
GWR
100%
$123,737.50
Crossing improvement Materials
GWR
100%
$65,062.43
Crossing Improvement Labor
GWR
0%
$7,727.22
Total Cost
$208,527.15
Estimated County Cost
$188,799.93
Page 1
j.2a_a5S7
SECTION B. GWR to Direct and Manage Railroad Track Safety & Construction Work
GWR, using either its own forces, or the forces of a qualified contractor will
complete the Work in a workmanlike manner without unnecessary delay.
ARTICLE II — COST ALLOCATION
COUNTY shall be responsible for asphalt paving and materials as described in
Article I Section A, using GWR's actual and incurred costs, whether direct or indirect, in
connection with the Work. 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.
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.
[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 CO • RADO
By:
Scar K. James, Chair SEP 0 7 2022
ATTEST::
. .;
Weld ' ty Clerk to he Boar
Deputy I' erk to
GWR:
GREAT WESTERN RAILWAY OF COLORADO, L.L.C.
a Colorado limited II bility company
By:///
STATE OF COLORADO )
)Ss.
COUNTY OF DENVER )
The foregoing Railroad Crossing Surface Improvemen Agreement was
a knowledged before me this Railroad,
of 2022, by �,��,, lei e-, a ,
4eLa c/ of Great Western Railway of Colorado,, L.L C., a Colorado
limitedbility company.
Witness my hand an official seal.a/0k—
Notary Public
My commission expires: I
Page 3
oZOepa - 3?
Exhibit A
Contract Form
New Contract Request
Entity In or
ation
Entity Name.
GREAT WESTERN RAILWAY OF
COLORADO
Entity ID*
,8D0013433
Contract Name
CROSSING IMPROVEMENT AGREEMENT FOR WCR38
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
6271
Contract Lead
MBEDELL
Contract Lead Email
MBedell8co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
SFT-9
Contract Description
AN AGREEMENT TO CONSTRUCTING RAILROAD CROSSING IMPROVEMENTS INCLUDING ASPHALT APRROACHES,. LOCATED ON
WCR38 BETWEEN 11 AND 1 3.
Contract Description 2
Contract Type
AGREEMENT
Amount
8188,79993
Renewable
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
Pu blicWork.s'Uweldgov.com
Department Head Email
CM-PublicWorks-
DeptHeadeldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTOR N EY TWELDG
OV. COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter NSA Contract ID
Requested BCC Agenda
Date'
08,3112022
Due Date
08/27/2022
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
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
Review Date*
12,31/2022
Renewal Date
Termination Notice Period
Conta
nformation
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Proce
Department Head
JAY MCDONALD
DH Approved Date
08/29/2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
09/07,2022
Originator
MBEDELL
Contact Type
Committed Delivery Date
Contact Email
Finance Approver
CHRIS D'OVIDIO
Expiration Date*
12:'31/2022
Contact Phone I Contact Phone 2
Purchasing Approved Date
Finance Approved Date
08;301202.2
Tyler Ref*
AG 090722
Legal Counsel
BRUCE BARKER
Legal Counsel Approved Date
08x'30; 2022
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