HomeMy WebLinkAbout20220253.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SURFACE IMPROVEMENT TO RAILROAD CROSSING
AT COUNTY ROAD 15 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 an Agreement for Surface Improvement
to the Railroad Crossing at County Road 15 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 Agreement for Surface Improvement to the Railroad Crossing at
County Road 15 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 17th day of January, A.D., 2022.
ATTEST:
Weld County Clerk to the Board
BY:
AP
Clerk io the Board
Attorney
Date of signature: 01 /2S/22
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Scot K. James, Chair
EXCUSED
re an, Pro -T
erry L. k
XCUSED
teve Moreno
Lori Sai
CG.pW(ER/CH/K%/DD
'(27 /22
2022-0253
EG0080
Cor�Wc4 #s4�'
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: GWR Crossing Improvement Agreement for WCRI 5
DEPARTMENT: Public Works DATE: 12/27/21
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 WCR15 between 54 and 56. The County portion of the proposed cost -share Agreement is associated with
the required materials, and Great Western Railway (GWR) portion is associated with required labor and
equipment. Public Works (PW) budgets for these type of safety improvements as part of the PW annual budget
in the amount of $50,000 (Account #32700-6373). The existing crossing has been signed as a "rough crossing"
for several years and has been the cause of complaints from citizens and vehicle accidents. 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 $30,391.00. The line
item in the Public Works budget is adequate to cover the cost. If recommended for approval, staff will get this
item onto an upcoming B0CCMeeting agenda.
Perry L. Buck
Mike Freeman
Scott K. James, Pro -teen
Steve Moreno, Chair
Lori Saine
Approve Schedule
Recommendation Work Session
jii
Other/Comments:
2022-0253
01/t1
Ee7 00't)
One (1) At -Grade Crossing
At Mile Post 21.55 on the Longmont Subdivision
Weld COUNTY Road 15 (CR-15), U.S. DOT#849363S
RAILROAD CROSSING SURFACE IMPROVEMENT AGREEMENT
THIS WELD COUNTY ROAD 15 TRACK AND ROADWAY SURFACE
IMPROVEMENT AGREEMENT ("Agreement") is executed to be effective as of the
11'1'1'l day of Jpq, _, 2022, by and between the Board of County
Commissioners of Weld County, olorado (hereinafter called, "COUNTY"), and Great
Western Railway of Colorado, L.L.C., a Colorado limited liability company (hereinafter
called, "GWR").
WITNESSETH:
WHEREAS, GWR, with the approval of the COUNTY has improved the grade
crossings over the track of GWR at Weld County Road 15 (WCR-15), U.S. DOT
Crossing number 849363S, located at Milepost 21.55 of GWR's Longmont Subdivision,
as depicted on the attached "Exhibit A" which is incorporated into this Agreement by this
reference (collectively, the "CR-15 Road Crossing"); and
WHEREAS, the COUNTY agreed to fund a portion of costs associated with the
crossing improvements at CR-15 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-15, 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
�3 7 �" 'L+^9N 4 £ 9 " T"J
` t + x fix t ',�' '�„ t ax
yF # £R ae3
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x
PortionCrossing
-
Cost
100%
30 391.00
Improvement Materials - Track GWR
[crossing Improvement Labor - Track GWR
0%
52 436.00
Weld
County 30,391.00
Page 1
GZZp 6 53
SECTION 8. Work Completed
GWR, using either its own forces or the forces of a qualified contractor,
completed the Work in a workmanlike manner without unnecessary delay.
ARTICLE II— COST ALLOCATION
COUNTY is responsible for all of GWR's actual and incurred MATERIAL 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 — MISCELLANE
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 COLORADO
By:
�. James, Chair
ATTE! r:_ 1 L3JAN 1 7 2022
GWR: GREAJ1NAY OF COLOftADO, L.L.C.
a CoIothJe6Ufty company
CLO and GC
STATE OF COLORADO
ss.
COUNTY OF WEtO
YJa.t•
The foregoing Railroad Crossing Surface Use Improvement Agreement was
acknowledged before me this day of . , 2021, by John G Spiegieman, CLO and
GC of Great Western Railway of Colorado, L.L.C., a Colorado limited liability company
Witness my hand an official seal.
CONSTANCE RUST i ()i *7
Notary Public
State of Colorado Notary Public
Notary ID M 19954005 5
M M Commission Ex uas a
Y
Page 3
a2o _P..2
Exhibit A
Invoice
Michael Bedell, P.E.
Remit Check To:
Invoice Date
12/22/2021
Weld County Public Works Department
Great Western Railway of Colorado, LLC
Invoice Number
130200
1111 H Street
OmniTRAX Holdings Combined, Inc.
Customer ID
WELCOU
PO Box 758
PO Box 912979
Payment Terms
Net 30
Greeley CO 80632
Denver, CO 80291-2979
PO Number
United States
Invoice Total
$30,391.00
Payable in USD
Remit ACH Payments To:
Wells Fargo Bank, N.A.
ACCT #: 4519026819
ABA #: 121000248
OmniTRAX Holdings Combined, Inc.
Revenue Date Description
Weld County Crossing
Surface Improvements
Mile Post 21.55 Longmont
Subdivision
Weld COUNTY Road 15
(CR-15)
U.S. DOT 849363S
BOL Quantity Units Unit Price Amount
1 EA $30,391.00
Total
If you have any questions please contact:
cmnitrax.accounts.receivable@omnitrax.com
$30,391.00
$30,391.00
1 of 1
New Contract Request
Entity Information
Entity Name* Entity ID
❑ New Entity?
GREAT WESTERN RAILWAY OF @00013433
COLORADO
Contract Name*
Contract ID Parent Contract ID
WCR1 5 CROSSING AGREEMENT
5498
Contract Status
Contract Lead * Requires Board Approval
CTB REVIEW
MBEDELL YES
Contract Lead Email Department Project #
MBedell@co.weld co us SFT-7
Contract Description*
AN AGREEMENT TO COMPENSATE GREAT WESTERN RAILWAY
(GWR) FOR THE COUNTY PORTION OF RAILROAD CROSSING
IMPROVEMENTS LOCATED ON WCRI 5 BETWEEN WCR54 AND
I
56
'
Contract Description 2
Contract Type* Department
Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS
Date* 01/06/2022
01/10/2022
Amount a Department Email
$30,391 00 CM-
Will a work session with BOCC be required?*
PublicWorksLOweldgov corn
NO
Renewable
NO Department Head Email
Does Contract require Purchasing Dept. to be included?
CM-PublicWorks-
NO
Automatic Renewal DeptHeadgoveldgov.com
NO
County Attorney
Grant GENERAL COUNTY
NO
ATTORNEY EMAIL
IGA County Attorney Email
NO CM-
COUNTYATTORNEY@WELDG
OV COM
If this is a renewal enter previous Contract ID
I
If this is part of a MISA enter MISA Contract ID
I
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 *
Renewal Date
12/01/2022
Termination Notice Period Committed Delivery Date
Expiration Date*
12/3112022
Contact Information
-
-
Contact Info
_'
Contact Name
Contact Type Contact Email
Contact Phone I Contact Phone 2
Purchasing
Purchasing Approver
I
Purchasing
Approved Date
,
Approval Process
Department Head
Finance Approver
Legal Counsel
JAY MCDONALD
CHRIS D'OVIDIO
BOB CHOATE
DH Approved Date
Finance Approved Date
Legal Counsel Approved Date
01107/2022
01/1112022
01/11/2022
Final Approval
BOCC Approved
Tyler Ref #
AG 011722
BOCC Signed Date
BOCC Agenda Date
01117/2022
Originator
MBEDELL
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