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Home My WebLink About20203044.tiffRESOLUTION RE: APPROVE SERVICES AGREEMENT FOR FLAGGING SERVICES FOR COUNTY ROAD 70 IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN - RAILPROS FIELD SERVICES, INC. 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 Services Agreement for Flagging Services for County Road 70 Improvements 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 RailPros Field Services, Inc., commencing October 5, 2020, 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 Services Agreement for Flagging Services for County Road 70 Improvements 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 RailPros Field Services, Inc., 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 October, A.D., 2020, nunc pro tunc October 5, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddrifilt) xito;EXCUSED Mike Freeman, Chair Weld County Clerk to the Board ounty Attorney Date of signature: )0/13 /;LO Kevin D. Ross CON/ER1cH) (/0 412.0 2020-3044 EG0078 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: RailPros Field Services, Inc. Services Agreement — WCR 70 Paving DEPARTMENT: Public Works DATE: 10/2/2020 PERSON REQUESTING: Elizabeth Relford and Duane Naibauer Brief description of the problem/issue: Weld County Public Works has seen increased traffic on WCR 70 as a result of the WCR 72 railroad closure at U.S. 85. Last year, during the CIP meeting, the BOCC approved and directed staff to improve WCR 70 in 2020. Therefore, we plan on paving WCR 70 from WCR 39 west to U.S. 85 as soon as we can get the attached agreement approved. In order to pave near the Union Pacific Railroad (UPRR) tracks, we are required to schedule flaggers to assist with train traffic control. UPRR contracts flagging services to RailPros Field Services, Inc. UPRR has provided consent to perform the work near the tracks and in order to schedule the flaggers, we need the Commissioners to approve placement of the Services Agreement to go on the next BOCC agenda. The County Attorney's office has reviewed the agreement. RailPros charges $998 per day and we anticipate needing no more than four days for a total cost of $3,992. this cost is part of the Haul Route Program budget (HRP-75) and will be paid from Other Public Works (OPW) budget. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • BOCC approves placing this agreement on the October 7th agenda. • BOCC denies the pass around and requests a work session. Recommendation: Staff recommends the Board consider placement of the Services Agreement on your Oct. 7th agenda and authorize the Chair's signature. Approve Schedule Recommendation Work Session Other/Comments: Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D. Ross 2020-3044 EC --66 7F Page 1 of 3 RailPros Field Services, Inc. SERVICES AGREEMENT This Services Agreement ("Agreement") is entered into by and between RailPros Field Services, Inc. ("RailPros") and the entity or individual ("Customer") described in the Scope of Work/Customer Information Request attached hereto as "Exhibit A" (the "SOW"). The SOW is expressly incorporated herein by reference for all purposes. The SOW also provides RailPros' charges for services requested. This Agreement shall become effective upon the earlier of the Customer's executing this agreement or RailPros' reasonably undertaking to perform services requested by the Customer (the "Effective Date"). WHEREAS, Customer desires to retain RailPros to provide certain services described and set forth in further detail in the SOW (the "Services"); and WHEREAS, RailPros has the capability and capacity to provide the Services and —subject to the terms and conditions set forth herein —is willing to perform such Services; and In consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, RailPros and Customer (hereinafter, collectively, the "Parties," or each, individually, a "Party") agree as follows: 1. RailPros shall provide Services to the Customer: (1) in accordance with the terms of this Agreement; (2) within any parameters set forth in the SOW; and (3) to the reasonable satisfaction of the Customer. In turn, the Customer shall pay RailPros for its services at the applicable daily rate(s) set forth in the SOW. 2. RailPros shall periodically provide Customer with invoices that set forth the value of the Services provided to Customer during a defined period of time (collectively, the "Invoices"; individually, an "Invoice"). Invoiced amounts are due and payable within thirty (30) days of the date included on an Invoice, and Customer shall remit payment to RailPros at 1320 Greenway Dr., Suite 490, Irving, Dallas County, TX 75038. In the event Customer fails to timely remit payment to RailPros as required in this Section 2, RailPros may elect to immediately cease providing Services to Customer —without providing any advance notice to Customer until Customer remits payment for all amounts owed by Customer for Services. Customer expressly agrees and acknowledges that it shall neither assert nor seek to enforce any claim for damages or penalties arising from RailPros' ceasing performance under this Section 2. RailPros' right to cease providing Services based on nonpayment and/or untimely payment is independent of any right(s) set forth in Section 5 of this Agreement. 3. In the event that Customer contests any charge(s) included on an Invoice and/or asserts that any Services described in an Invoice were deficient, Customer shall submit a written complaint to RailPros (a "Complaint") within fifteen (15) business days of its receipt of the challenged Invoice. A Complaint must set forth (in detail): (1) the Services and/or Invoice entries that Customer is contesting; (2) the basis for Customer's Complaint; and (3) Customer's desired solution. Failure to timely submit a Complaint shall constitute a waiver of any grievances related to the subject Invoice and shall further be construed as an unequivocal agreement to pay all amounts described therein. RAILPROS F I E L CJ E F2 \ C F S. ..0020 - 30 (71'� Page 2 of 3 4. Customer may terminate this Contract, in whole or in part, at any time without cause, and without liability except for required payment for services rendered by providing at least twenty-four (24) hours written notice to RailPros. Failure to provide timely notice under this provision shall obligate Customer to pay RailPros for one (1) additional days' worth of Services at the applicable daily rate(s) set forth in the SOW. 5. RailPros may terminate this Agreement without liability, effective upon providing notice to Customer, if Customer: (1) materially breaches a provision of this Contract and fails to cure its breach within fifteen (15) days after receipt of written notice of its breach, or (2) becomes insolvent or admits and/or demonstrates its inability or unwillingness to pay its debts as they becomedue. 6. This Agreement shall commence as of the Effective Date and shall continue thereafter until the Services described in the SOW are completed or the Contract is terminated. 7. This Agreement benefits solely the Parties hereto and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, confers on any third party any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 8. This Agreement may not be altered, amended, modified or otherwise changed, except by a writing duly executed by the Parties hereto. 9. This Agreement constitutes the final and entire agreement between the Parties, and this Agreement supersedes all prior understandings and agreements, if any, among or between the Parties. 10. The failure of any Party to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision, nor in any way affect the validity of this Contract or any part thereof or the right of any person thereafter to enforce each and every provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other breach. 11. This Agreement shall be interpreted and construed under the laws of the State of Texas, and venue for all suits arising out of or relating to this Contract shall be brought exclusively in a Texas state district or county court sitting in Tarrant County, Texas. 12. All invoices, requests, communications, and notices required to be sent to Customer shall be delivered to the address(es) and/or email address(es) set forth in the SOW. All Complaints, requests, communications, and notices required to be sent to RailPros shall be sent to RailPros at 1320 Greenway Dr., Suite 490, Irving, Dallas County, TX 75038, Attention: Stuart Hall. Any notice of termination and/or cancelation shall be sent to RailPros at Stuart.Hall a,RailPros.com. 13. Neither of the Parties shall be liable for any delays or failures in performance due to acts of God, strikes, lockouts, labor restrictions by governmental authority, civil riots, war and acts of terrorism. 14. In the event of any subsequent litigation involving the interpretation or enforcement of this Contract, the prevailing Party shall recover against the non -prevailing Party all of its costs and reasonable attorneys' fees incurred in connection with the lawsuit. 15. In connection with RailPros' providing the Services, RailPros agrees to obtain the following insurance policies: (I) a Commercial General Liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate (the "CGL Policy") and (2) a Commercial Automobile Liability policy with limits of not less than $1,000,000 (collectively, the"Policies"). RAILPROS F I E t.. . O E E R v l C� F S Page 3of3 The Policies shall include Customer as additional insureds (collectively, the "Additional Insureds"). Coverage for the Additional Insureds shall be primary and non-contributory to any other insurance maintained by Customer. Coverage for Additional Insureds under the CGL Policy shall be set forth via an ISO endorsement form CG 20 26 07 04 (or equivalent endorsement), unless otherwise limited by applicable law. The Policies shall include a waiver of Subrogation in favor of Customer. RailPros agrees to provide Customer with Certificate(s) of Insurance that verify the foregoing. In addition, RailPros agrees to maintain Workers' Compensation insurance (the "WC Policy") with limits established by statue in the state where the Services will be provided. All RailPros employees providing Services shall be covered under the WC Policy, including employees who are sole proprietors, members or partners, whether or not required by applicable law. The WC Policy shall also include a waiver of Subrogation in favor of Customer. 16. RailPros and Customer each agree to indemnify, defend, and hold the other harmless from any third- party claims, costs, liabilities, judgments, expenses, or damages (including reasonable attorneys' fees and other costs of suit) alleged to arise from the indemnifying party's sole negligence in performing their respective obligations under this Agreement. Customer! Company Name: Steve Moreno OCT 0 2020 Name Chair Pro-Tem, Board of Weld County Commissioners Title: Signature: 1• M S.RAILPROQ z_ ;LFR V d c r s We• .rd:i Woz /in v, f•+�'��'j.'l��yu--�r°3�'�kkg�.��j' f�s�iir�.�d"n.�tm`�nx .��i�i{`1�.��t`*' c7.2.0 504 -ti September 30, 2020 AILPROS Duane Naibauer Weld County Public Works 970-400-3786 dnaibauer@weldgov.com Subject: Quote for Contractor in Charge Services Dear Mr. Naibauer, Thank you for contacting RailPros to provide a qualified Contractor in Charge. RailPros provides associates with extensive railroad experience, all qualified in GCOR, Maintenance -of -Way, and On -track safety. All of our Contractors in Charge are dedicated to safety on the jobsite and have an acute understanding of railroad rules. RailPros charges a daily rate which includes an 8 -hour on -site workday, mobilization, and Per Diem costs, Our services are billed for the Contractor in Charge's (CIC's) time on site, to include any time setting up and taking down track protection, if applicable. Any time beyond the CIC's 8 hours will be charged at an hourly overtime rate. The rates for our services are as follows: Standard 8 hour day $998.00 Overtime rate per hour after 8 hours $132.00 Nights, Weekends , and Holidays: H0,1Y.nwJr 4. *.w.w ...14h c'r.-...w•' t004K,.. ter. Standard 8 hour day $1,260.00 Overtime rate per hour after 8 hours $151.00 In the event of cancellation, if RailPros Management is given less than 24 hours' notice, it is considered a billable day. Cancellations must be made in writing to UP.Info@RailPros_cor. This quote is based on RailPros standard labor rates and does not take into any account prevailing wage requirements. If prevailing wages are applicable for this project, RailPros will re -quote based on the prevailing wage requirements. Invoices are submitted upon completion of the job or at month's end. On -going jobs are billed on a monthly basis. Payments of invoices are due upon receipt. Invoices are subject to a 1.5% fee for every 30 days the payment is delinquent. RailPros accepts payment for services via Visa, MasterCard, Discover and American Express without additional fees. We encourage you to use this free and convenient service with no processing fees. Please refer to the second page of this document for credit card payments. Please contact RailPros at 877-315-0513 X116 or UP.Info jrailpros.com for more information. This quote is valid for 30 days and is subject to the attached Services Agreement (S,A). You may indicate your acceptance of this quote and the SA by signing and returning both documents via email. If you have any questions regarding this quote or would like further information, please feel free to contact me. Thank you, RAVLPROS ASHLIE LILES Field Services Associate 877.315.0513 x116 rrt.rwrrarya+.wnr.n.rF'f^^•`awn.mvewunvnux.i+nyna..uw..ma:eaw+m.rnM+vomneumr....n—w...nn.w.wwa.+...•...e....rcimm.nron pnwnnmmneem .nuw.mnaee.Aftenr..mrtaon. roaunm.rmn St/re} AGREED TO AND ACCEPTED BY: Client Company Representative Steve Moreno Printed Name Chair P_ro-Tem, BOCC Title rT 2020 Date RailPros offers a full suite of right of way services including permitting, utility inspections, railroad engineering services and customizable training. To learn more, visit railpro.com 1320 Greenway Dr., Suite 490 Irving, TX 75038 P: (877) 315 — 0513 wwwsrailprosscom s,'.F:5+'.£.--'.+tt�t..'5r".-.m,�s''''amm,:'em,rt'.<"��°a»z�'`9R"�`��vne"c+a'srMti.s Page lof2 C S oer Ming Information e uest Company Information Company Name: WELD COUNTY PUBLIC WORKS Street Address: 1111 H street City, State, Zip: Greeley, CO 80631 Phone: 970-400-3786 Email: dnaibauer@weldgov.com Billing Information _4 Company Name: WELD COUNTY PUBLIC WORKS Billing Contact Name: Mona Weidenkeller Street Address: PO Box 758 City, State, Zip: Greeley, CO 80631 Phone: 970-400-3777 Email: mweidenkeller@weldgov.com Do you need a W-9 or new vendor information sheet from !/ YES NO RailPros? (Please attach) H would like to receive you ❑ SourceHub / I EMAIL MAIL FAX your invoice? PO# (if required): HRP-75 Prevailing Wage Information Will our Flagman fall under a Prevailing Wage Requirement for the Project? If yes, please note a revised quote may need to be provided for our services. YES FA No (If yes, please complete the sects n below.) Project Name: Project Number: City: County: State: CR70 from HWY85 to CR39 H R P-75 Eaton, CO WELD COUNTY COLORADO Who will the reports need to go to? __ Name: Duane R. Naibauer Phone Number: 970 400 - 3736 Email: M ___ v dnaibauer@weldgov.com (for RailPros Field Services use only) Job Number: Billing Info Confirmed: Name: Date: Assigned RWIC/Flagger: RWIC/Flagger Rate: RAILPROS F" f L. U S F R\is 1 !3 Page 2of2 Custom° r(.jedd Information Request Project Information Field Contact Person(s): Scott Dill Mobile Number(s): 970-573-9313 Email(s): sdiIl@weldgov.com Estimated Start Date: 10/5/20 Estimated Duration for Flagman: 2 days Work Schedule: 10/5/20 & Daily Start/End Time: 7:00AM - 3:30PM City and State: Eaton, CO Railroad Subdivision: See Consent Letter attached Railroad Mile Post: See attached Consent Letter Project Description: Sub Grade Base Work - Will any type of equipment be used?r YES NO If yes, what type? Motor graders-Compactors-Reclaimer How close will it be to the tracks? 5' to 10' If instructed by the Railroad, have all on -site personnel completed the YES NO 5!4 N/A Railroad Safety Training? By checking this box, I acknowledge that if any ground will be disturbed or excavated upon UP Railroad property, that I will comply with UP's requirements and contact the local UP MSM, in accordance with my permit. f I acknowledge Additional comments: AIL s F- I F I r1 S E ER v e CafATM,37.MAS • BUILDING AMERICA' CQNSEN.ir LFATTE.R. Date: September 24, 2020 Folder: 3238-4 DOT# 804$48L MP: 56.80 S divfisSSn: Greeley Sub DON DUNKE WELD COLINTY VTTY 11111HST GREELE:Y, CO 80631 Dear Sir/Madam : It is the WELD COUNTY` s ("Public Entity") intention to perform simple maintenance work which may include: remilling and repaving of the approaches and or existing sidewalks and concrete repair; restriping and repainting; and bridge deck and simple structural maintenance, and/or bridge inspections ("Work") at the location noted above. This letter serves as an acceptance by Union Pacific Railroad Company ("Railroad") of the proposed Work to be performed. If a contractor is to do any of the Work on Railroad's property then the Public Entity shall require its contractor to execute and return the attached contractor endorsement ("Contractor Endorsement"). Under no circumstances will Public Entity's contractor be allowed on Railroad's property without first executing the Contractor Endorsement. This Consent Letter shall be valid from date of signature until September 1, 2021 until the Work is complete or this Consent Letter is revoked by Railroad. For safety reasons, the Public Entity and/or its contractor are required to notify the Railroad's Representative(s) ("Railroad iepresentative"), as noted below, at least 48 -hours in advance prior to performing the Work described above. MIPP: Y2nce Kippen 402-289-7027 Telecommunications ("Call Ret o Regards, 61,4C Casey Moore Public Projects - Real Estate Date: 2020.09.24 15:41:45 -05`00' e You INg"): 1-600-33609193 NIO �A iFIC RAILROAD 1400 Do'_i las. Street C1 a itx, 'Neora al a al79 Ate Entity Information Entity Name* RAILPROS FIELD SERVICES Entity ID* cf00035290 Contract Name FLAGGER AGREEMENT FOR PAVING PROJECT OF WCR 70 FROM CR 39 WEST TO US 85 Contract Status CTB REVIEW ❑ New Entity? Contract ID 4149 Contract Lead ERELFORD Contract Lead Email erelford@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project HPP-75 Contract Description* PUBLIC WORKS WILL BE PAVING WCR 70 FROM CR 39 TO US 85. IN ORDER TO PAVE CLOSE TO UPRR TRACKS, WE ARE REQUIRED TO HAVE FLAGGING SERVICES FOR TRAIN TRAFFIC CONTROL. Contract Description 2 RAILPROS CHARGES $998 PER DAY. WE ANTICIPATE NEEDING THEIR SERVICES FOR 4 DAYS. Contract Type AGREEMENT Amount* $3,992.00 Renewable * NO Automatic. Renewal t I Department PUBLIC WORKS Depar talent Email CM- Will a work session with BOCC be required?* PublicWorks@weldgov.com NO Requested BOCC Agenda Date* 10/07/2020 Due Date 10/03/2020 Department Head Email CM-PublicWorks- De pt H ead ive l d cg ay. co m County Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD.CO.US US If this is a renewal enter evious Contract ID If this is part of a ISA enter MSA Contract ID Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase ice Period Contact Information Review Date 10/30/2020 Committed Delivery Date Renewal Date Expiration Date 10/01/2021 Contact Info Contact Name Contact Type Contact Email Contact Phone Contact Phone 2 Purchasing Approval Process De t He JAY MCDONALD DH Approved Date 10102,2020 Final Approval ROCC Approved BOCC Signed Date BCC Agenda Date 10/07/2020 Originator ERELFDRD Finance Approver CHRIS a'OVIDIO Purchasing Approved Date Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 10x©212020 10/02,2020 Tyler Ref # AG 100720 Hello