HomeMy WebLinkAbout20192821.tiffRESOLUTION
RE: APPROVE CABLE LINE CROSSING LICENSE AND AUTHORIZE CHAIR PRO-TEM
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 Cable Line Crossing License 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 Information Technology, and Great Western Railway
of Colorado, LLC, commencing upon full execution of signatures, with further terms and conditions
being as stated in said license, and
WHEREAS, after review, the Board deems it advisable to approve said license, 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 Cable Line Crossing License 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 Information Technology, and Great Western Railway of Colorado, LLC, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is,
authorized to sign said license.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: --4J
Weld County Clerk to the Board
the Board
AP" 1` ED
Coun y orney
Date of signature: 07
EXCUSED
Barbara Kirkmeyer, Chair
V �
Mike Freeman, Pro-Tem
Sean P. fuonway
ames
Steve Moreno
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9- 16, -
2019-2821
IT0008
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MEMORANDUM
TO: Esther Gesick, Clerk to the Board July 10, 2019
FROM: Ryan Rose, Chief Information Officer
SUBJECT: Contract ID #2915 Cable Crossing License
BOCC Approval Date: July 10, 2019
The Information Technology staff is requesting the approval of Contract ID #2915 Cable
Crossing with Omnitrax Inc out of Denver, CO for $4,500.00.
The agreement will enter Weld County and Omnitrax into an agreement that will allow
Weld County to bore under the Railroad managed by Omnitrax located at "F" Street,
east of 35th Ave in Greeley, CO.
2019-2821
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Agreement No. 408552
CABLE LINE CROSSING LICENSE
THIS LICENSE ("License") shall be effective on the last date of signature set forth below (the "Effective
Date"), by Great Western Railway of Colorado, LLC ("Licensor") and Weld County Government ("Licensee").
Licensor and Licensee may sometimes be referred to as a "Party" or collectively as the "Parties."
WITNESSETH:
1. TERM:
This License shall take effect as of the Effective Date, and unless sooner terminated as provided below,
shall remain in effect until either Party shall give the other Party not less than one year written notice to terminate
for any reason whatsoever in that Party's sole discretion and regardless of performance or non-performance of
any of the covenants and agreements contained in this License and regardless of any fee having been paid in
advance for any period and without regard to any loss or damage incurred by either Party as a result of such
termination or cancellation. Licensor will not execute this License until it receives a signed original from Licensee,
and in no event is entry under this License permitted until Licensor has executed it.
2. LOCATION:
In consideration of the License Fee or other sums of money Licensee agrees to pay to Licensor, and of the
covenants and agreements of Licensee as set forth in this License, Licensor hereby grants a license and permission
to Licensee to construct, install, use, maintain, repair, relocate, operate and replace a 300' fiber optic cable line,
as more particularly described in Licensee's application, marked Exhibit "A", attached to this License and made a
part of it by this reference, situated on, across, along or over Licensor's property at or near Greeley, County of
Weld, and State of Colorado (the "Premises"). The term "Cable Line" shall be deemed to mean the actual line(s)
and any and all towers, poles, wires, appurtenances and that portion of Licensor's property, in so far as they relate
to said Cable Line. The location of the Cable Line is more particularly described on the drawing marked Exhibit "B",
attached to this License and made a part of it by this reference, but generally described as follows:
A License for an underground fiber optic line crossing Licensee's property at 45 degrees
between centerline of right-of-way at or near 35th Avenue and F Street, as shown in Exhibit B,
in the city of Greeley, Weld County, Colorado.
3. LICENSE FEE:
3.1 Licensee shall pay to Licensor as a License Fee the sum of four thousand five hundred dollars
($4,500.00) (the "License Fee") per annum, payable in advance on or prior to the Effective Date of this License and
any anniversary of the Effective Date during the term of this License. Licensee shall pay to Licensor any and all
sales tax, if any and if applicable, which may occur as a result of the payment of the above License Fee or other
fees payable under this License.
3.2 Licensee shall pay to Licensor an additional sum of money equal to one and one half percent (1.5%)
per month of the total unpaid License Fees stated above, any adjusted License Fees due pursuant to Section 3.5,
and any additional fees provided for in this License in the event said License Fee, adjusted License Fee or additional
fees are not received by Licensor within thirty (30) days from the date it (or they) is due and payable. The finance
charge provided by this Section 3.2 shall continue to accrue daily until the date payment is received by Licensor,
not the date payment is delivered or the date postmarked on the payment.
.2-o/ 9- 222(
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3.3 If Licensor, at its sole discretion, uses a collection agency or attorneys to collect delinquent License
Fees, any additional fees provided for in this License or finance charges, and Licensor is successful in collecting such
charges, Licensee shall reimburse Licensor for all reasonable collection costs, including reasonable collection
agency fees and reasonable legal expenses.
3.4 Although Licensee's right to possession of the Premises shall terminate when the term of this
License has expired or is terminated prior to such expiration in accordance with a provision of this License,
Licensee's obligations under this License, including but not limited to the obligation to pay License Fees, taxes and
assessments, and utilities, shall continue until Licensee delivers possession of the Premises to Licensor in the
condition required by this License.
3.5 The payment by Licensee of any sum(s) in advance shall not create an irrevocable License for the
period for which the same is/are paid. Licensor reserves the right to periodically adjust the annual License Fee at
any time, by giving notice at any time, independent of the term of the License, of such adjustment to Licensee at
least thirty (30) days prior to the effective date of such adjustment. The use of the license created by this License
by Licensee after such Effective Date shall be at such adjusted License Fee.
3.6 Failure of Licensee to receive any bill for periodic License Fees owing, or receipt of a bill in an
incorrect or unadjusted License Fee, shall neither override the License terms in this License nor excuse or release
Licensee from liability or responsibility for the correct License Fee. Limitation on collection for any erroneous
billings or payments shall be three (3) years from the termination of this License.
3.7 In the event this License is terminated by notice of either Party (other than for breach or cause),
Licensor shall refund to Licensee the portion of any prepaid License Fees plus any taxes paid in advance; PROVIDED.
however, such refund shall not be made when the cumulative total of such repayment which would otherwise be
due is less than one hundred dollars ($100.00).
4. SPECIFICATIONS:
4.1 The Cable Line shall be constructed, installed, used, maintained, repaired and operated in strict
accordance with any and all current requirements and specifications adopted by the Joint Engineering Committee
of the Association of American Railroads and the Edison Electric Institute, and the specifications of the National
Electrical Safety Code, Part 2, "Safety Rules for the Installation and Maintenance of Electric Supply and
Communication Lines", or of any successor agency(ies), and, in compliance with any and all law, statute, regulation
or order of any federal, state or municipal governmental body or any agency thereof or created thereby
(collectively, "Laws"). Provided however, that all materials and workmanship employed in the construction,
installation, use, maintenance, repair, relocation, operation and replacement of the Cable Line shall be subject to
the prior written approval of the Licensor.
A Cable Line shall be constructed and maintained to a MINIMUM clearance of no less than twenty-seven feet
(27') above the top of the rail of any and all tracks, and any poles, guy wire, anchor or other appurtenance shall
be constructed to maintain a MINIMUM clearance of fifteen feet (15') from the centerline of any track(s). The
side clearance of fifteen feet (15') shall be maintained for the full height of the vertical clearance as stated above.
A Cable Line shall be constructed, as nearly as possible to cross track(s) at a right angle to said track(s).
An underground Cable Line crossing under track(s) at a ninety degree (90°) angle, shall be encased in conduit for a
MINIMUM of forty-eight feet (48'), twenty-four feet (24') on either side measured from the centerline of the
track(s) or the full width of Licensor's property if less than forty-eight (48') feet. Crossings of a degree substantially
greater or less than ninety degrees (90°) shall be encased in conduit for the full width of the track structure. The
top of the conduit shall be a MINIMUM of five and one half feet (5%:') beneath surface of ground at all points within
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Licensor's property.
4.2 Licensee shall, except in emergencies, give not less than seventy-two (72) hours prior written
notice to Licensor of the day, hour and location that it proposes to undertake any construction, installation, repair,
relocation, replacement or maintenance work to the Cable Line or otherwise on the Premises and in the event of
an emergency shall notify Licensor as soon as possible. After completion of construction, relocation, installation
or replacement of the Cable Line, Licensee shall be required to execute Licensor's standard Right of Entry for any
maintenance or repair work on the Cable Line that requires entry onto Licensor's property or right-of-way.
4.3 Licensee shall require each of its contractors and subcontractors to observe and conform to the
conditions and requirements specified in this License. For the purposes of the safety, protective and
indemnification provisions of this License, such contractors and subcontractors, their agents, servants and
employees, and other persons on the Licensor property at the invitation of the Licensee, its contractors or
subcontractors (collectively, "Licensee Invitees"), shall be deemed the agents or employees of the Licensee, and
Licensee shall be jointly and severally liable for the actions of Licensee Invitees.
4.4 Licensee shall ensure, prior to allowing access to Licensor's Property, that Licensee Invitees apply
for and execute Licensor's standard License for Right of Entry and Use of Premises agreement. Such agreement
shall not amend the terms of this agreement nor require Licensee to pay additional compensation.
4.5 Licensee shall, at no expense to Licensor, obtain all permits and approvals required to exercise its
rights provided for pursuant to this License and Licensee shall install, maintain and operate its facilities in
accordance with all requirements of such permits, approvals, the Law and any lawful public authority. Licensee
shall be responsible for any taxes, assessments and charges made against the Cable Line and the construction or
use of the Cable Line or other of Licensee's facilities on Licensor's property or the operation of any of them.
4.6 Licensor shall have the right, but not the duty, to furnish flagging or other protection or to perform
work to support its tracks or otherwise act to protect its property or facilities at any time, at Licensee's sole risk
and expense.
5. PRESENT OCCUPATIONS:
Licensee shall make appropriate arrangements with any person or entity occupying Licensor's property
which may be affected by the relocation, installation, construction or any maintenance or repair of the Cable Line.
Licensee's Cable Line will not unreasonably interfere with the use of Licensor's property, or create any undue
hardship on the person or entity occupying said property.
6. INSURANCE:
6.1 Licensee shall purchase and maintain insurance as specified below covering the License, all
activities to be performed and all obligations assumed under it, from the Effective Date until termination, unless
duration is stated to be otherwise, with insurance companies assigned a current Financial Strength Rating of at
least A and Financial Size Category of X or better by A. M. Best Company:
(a) Commercial General Liability Insurance written on an occurrence basis subject to limit of
$1,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or
slander with an annual aggregate limit of no less than $2,000,000. Policy coverage is to be based
on usual Insurance Services Office ("ISO") policy forms or equivalent to include, but not be
limited to: Operations and Premises Liability, Completed Operations and Products Liability,
Advertising and Personal Injury Liability, and Contractual Liability Insurance. Any and all General
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Liability policies procured by Licensee shall be amended to delete any and all railroad exclusions
including exclusions for working on or within fifty feet (50') of any railroad property, railroad
track, railroad bridge, trestle or tunnel (CG 24 17 endorsement or equivalent).
(b) Workers' Compensation and Employers' Liability Insurance providing statutory Workers'
Compensation benefits mandated under applicable state law and Employers' Liability insurance
subject to a minimum limit of $1,000,000 each accident for bodily injury by accident, $1,000,000
each employee for bodily injury by disease, and $1,000,000 policy limit for bodily injury by
disease. If coverage is provided through a Monopolistic State Fund, a stop gap endorsement on
either the Commercial General Liability or Workers' Compensation Policy is required to meet
the Employers' Liability requirement.
Notwithstanding the foregoing, Licensee may, subject to the terms and conditions of this
paragraph, self -insure for Workers' Compensation where allowed by law. Licensee shall provide
Licensor with audited financial statements and Licensor may, at its discretion, which shall not
be unreasonably withheld, deem such financial statements acceptable prior to authorizing
Licensee to self -insure. Where applicable, Licensee shall also provide state issued self -insurer
authorization documents to Licensor.
(c) Business Automobile Liability Insurance subject to a minimum limit of $1,000,000 each accident
for bodily injury and property damage. Policy coverage shall be based on ISO policy forms
referred to as Business Automobile Policy ("BAP") to cover motor vehicles owned, leased,
rented, hired or used on behalf of Licensee. If applicable to this License and applicable under
Federal Law, an MCS 90 endorsement evidencing limits of coverage as outlined in the Motor
Carrier Act of 1980 dependent on type of carriage, commodity, and type of commerce.
(d) Umbrella Liability Insurance written on an occurrence basis subject to a limit of $4,000,000
each occurrence for bodily injury, property damage, personal injury and libel and/or slander.
Policy coverage is to be at least as broad as primary coverages and include, but not be limited
to, Operations and Premises Liability, Completed Operations and Products Liability, Advertising
and Personal Injury Liability, and Contractual Liability Insurance. Completed Operations
coverage is to be maintained for a period of not less than three (3) years after the termination
or cancellation of this License. Umbrella Liability shall apply to Commercial General Liability,
Auto Liability, and Employers' Liability Insurances.
The required limits of insurance may be satisfied by a combination of Primary and Umbrella or
Excess Liability Insurance.
6.2 All insurance required of Licensee, except Workers' Compensation and Employers' Liability, shall
include Licensor, its parents, owners, and affiliates, and their respective partners, successors, assigns, legal
representatives, officers, directors, members, managers, agents, shareholders and employees as additional
insured and include wording which states that the insurance shall be primary and not excess over or contributory
with any insurance carried by Licensor and its affiliates.
6.3 All insurance shall provide a minimum of thirty (30) days' advance written notice of insurer's
intent to cancel or otherwise terminate policy coverage.
6.4 All policies shall be written on an occurrence basis. If Licensee cannot obtain an occurrence
based policy for any required coverage, policies may be written on a claims made basis. If any policies providing
the required coverage(s) are written on a claims -made basis, the following is applicable:
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(a) The retroactive date shall be prior to the Effective Date of this License.
(b) Licensee shall maintain such policies on a continuous basis.
(c) If there is a change in insurance companies or the policies are canceled or not renewed,
Licensee shall purchase an extended reporting period of not less than three (3) years
after the License termination date.
6.5 Licensee shall file with Licensor and its affiliates on or before the Effective Date of this License a
valid Certificate of Insurance for all required insurance policies. Each certificate shall identify Licensor and its
affiliates and other parties as noted above as additional insured as required and state that Licensor will receive
a minimum of thirty (30) days' advance written notice of insurer's intent to cancel or otherwise terminate policy
coverage. Prior to expiration of such insurance, Licensee shall supply updated Certificates of Insurance that
clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage,
as provided by this Agreement.
6.6 Licensee hereby waives all rights of recovery and all insurance policies required above shall be
endorsed to waive all rights of subrogation against Licensor, its owners, affiliates, and other required parties as
set forth above for damages to the extent covered by insurance.
7. RISK, LIABILITY, INDEMNITY:
7.1 Licensee acknowledges that persons and property on or near the Premises are in constant danger
of injury, death or destruction, incident to the operation of the railroad tracks, whether by Licensor or others; and
Licensee accepts this License subject to such dangers.
7.2
(a) TO THE EXTENT PERMITTED BY LAW, LICENSEE, AS FURTHER CONSIDERATION AND AS A
CONDITION WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, AGREES TO INDEMNIFY,
DEFEND AND SAVE HARMLESS LICENSOR, ITS PARENTS, OWNERS, AND AFFILIATES, AND THEIR
RESPECTIVE PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS,
MEMBERS, MANAGERS, AGENTS, SHAREHOLDERS AND EMPLOYEES (THE "INDEMNITEES") AND TO
ASSUME ALL RISK, RESPONSIBILITY AND LIABILITY FOR DEATH OF, OR INJURY TO, ANY PERSONS,
INCLUDING, BUT NOT LIMITED TO, OFFICERS, EMPLOYEES, AGENTS, PATRONS, INVITEES AND LICENSEES
OF THE PARTIES, AND FOR LOSS, DAMAGE OR INJURY TO ANY PROPERTY, INCLUDING BUT NOT LIMITED
TO, THAT BELONGING TO THE PARTIES (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSES, ATTORNEYS'
FEES AND COSTS INCURRED OR SUSTAINED BY THE INDEMNITEES, WHETHER IN DEFENSE OF ANY SUCH
CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE
INDEMNIFICATION RIGHTS CONFERRED BY THIS LICENSE) ARISING FROM, GROWING OUT OF, OR IN ANY
MANNER OR DEGREE DIRECTLY OR INDIRECTLY CAUSED BY, ATTRIBUTABLE TO, OR RESULTING FROM
THE GRANT OF THIS LICENSE OR THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, ALTERATION,
CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION, REPLACEMENT, OR REMOVAL OF ANY
STRUCTURE INCIDENT TO IT, OR FROM ANY ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING
ON THE AREA COVERED BY THE LICENSE, INCLUDING ANY TEMPORARY USAGE AREA, EXCEPT TO THE
EXTENT PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE GROSS NEGLIGENCE OF
THE INDEMNITEE SEEKING INDEMNIFICATION PURSUANT TO THE TERMS AND CONDITIONS OF THIS
LICENSE.
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(b) THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO PROPERTY
ASSUMED BY LICENSEE UNDER THIS LICENSE, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR INVITEES OF EITHER OF THE PARTIES, AND
WHETHER OR NOT SUCH INJURY TO OR DEATH OF PERSONS SHALL ARISE UNDER ANY WORKERS'
COMPENSATION ACT OR FEDERAL EMPLOYERS' LIABILITY ACT.
(c) LICENSEE SHALL, AT ITS SOLE COST AND EXPENSE, JOIN IN OR ASSUME, AT THE ELECTION AND
DEMAND OF LICENSOR, THE DEFENSE OF ANY CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION
ARISING UNDER THIS LICENSE. THE WORD "LICENSOR" AS USED IN THIS INDEMNITY SECTION SHALL
INCLUDE THE ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY BE OPERATING
UPON AND OVER THE TRACKS IN THE VICINITY OF THE PREMISES.
(d) AS A PRECONDITION TO LICENSEE'S INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION,
THE INDEMNITEES WILL (i) FULLY COOPERATE WITH LICENSEE IN ANY INVESTIGATION AND PROVIDE
LICENSEE WITH ALL INFORMATION IN THE POSSESSION OR CONTROL OF THE INDEMNITEES RELATING
TO ANY MATTER FOR WHICH THE INDEMNITEES SEEK INDEMNIFICATION, AND (ii) PROVIDE LICENSEE
WITH TIMELY NOTICE OF ANY MATTER OR INCIDENT FOR WHICH THE INDEMNITEES MAY MAKE A CLAIM
FOR INDEMNIFICATION BY LICENSEE.
8. WAIVER:
Licensee waives the right to question the validity of this License or any of the terms and provisions of it, or
the right or power of Licensor to execute and enforce this License. This License is made without covenant on the
part of Licensor to warrant its title to the property involved with the Cable Line, or to give or to defend Licensee in
the peaceful possession of the property and Licensee shall waive all right to claim damages in the event Licensee
shall be evicted, ejected or required to surrender possession of the property by anyone owning or claiming title to
or any interest in the property, or by reason of failure of title of Licensor, or for any other cause whatsoever.
Licensee further agrees to indemnify and save harmless Licensor and to assume all risk, responsibility and liability
(including any expenses, attorneys' fees and costs incurred or sustained by Licensor) arising from, growing out of,
or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of
Licensor's title affecting the right of Licensor to make this grant.
9. REPAIRS AND RELOCATION:
9.1 Licensee will at all times maintain the Cable Line in a safe and secure manner, and in a condition
satisfactory to Licensor. Licensor may request Licensee to change the location of the Cable Line, or any part of it,
or to make reasonable repairs or changes as the judgment of Licensor deems necessary in order to avoid
interference with or danger in the use or operation of Licensor's railroad, or any of its present or future
appurtenances. In the event it is desired by Licensor to use its property or any portion of it, occupied or impacted
by the Cable Line, then Licensee shall, at its sole expense, and within one (1) year after notice from Licensor to do
so, (or on shorter notice in case of an emergency), make changes to the Cable Line (including de -energizing a wire
if required) as required or remove the Cable Line, or as much of the Cable Line as is located upon the portion of
the property as required by Licensor.
9.2 If Licensee shall fail to perform any of its obligations contained in this License as to the
maintenance of safe conditions in and about the Cable Line or to make any necessary repairs, or to relocate the
Cable Line, then Licensor may cause such condition to be made safe, or change of location to be made, or repairs
to be made, or Cable Line to be removed from Licensor's property. Licensor acting as the agent of Licensee, may
perform such work as is necessary in the judgment of Licensor, and Licensee shall, on demand, promptly reimburse
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Licensor the cost of the work, plus fifteen percent (15%) of the cost as a charge for the supervision, accounting,
and use of tools; or Licensor may terminate this License by giving Licensee not less than ten (10) days' advance
written notice of its intention to do so.
9.3 In case Licensor shall at any time, or from time to time, require the removal of only a portion of
the Cable Line, this License shall continue in force and be applicable to the portion or portions of the Cable Line
remaining from time to time until the entire Cable Line has been removed and the License Fees or other fees
payable under this License shall be adjusted accordingly.
10. TERMINATION:
If Licensee fails to keep or perform any of Licensee's covenants contained in this License, or in the sole
judgment of Licensor the use of this property or tracks make it impractical to maintain the existence of said Cable
Line as authorized in this License, Licensor has the right to terminate this License upon fifteen (15) days' written
notice to Licensee.
11. RESTORATION:
Upon termination of this License, whether in accordance with the provisions of Section 1, 9 or 10 of this
License, or otherwise, Licensee shall promptly remove the Cable Line from Licensor's property, and restore the
property to its prior condition, or a condition satisfactory to Licensor. If Licensee fails to remove the Cable Line
within thirty (30) days after termination of this License, Licensor may remove same, and charge the expense of
such removal to the Licensee on the basis provided in Section 9.2 of this License.
12. MISCELLANEOUS:
12.1 This License is executed by all Parties under current interpretation of any and all applicable federal,
state, municipal, or other local statute, ordinance, or law. Further, each and every separate division (paragraph,
clause, item, term, condition, covenant or agreement) contained in this License shall have independent and
severable status from each other separate division, or combination of them, for the determination of legality, so
that if any separate division is determined to be unconstitutional, illegal, violative of trade or commerce, in
contravention of public policy, void, voidable, invalid or unenforceable for any reason, that separate division shall
be treated as a nullity, but such holding or determination shall have no effect upon the validity or enforceability of
each and every other separate division or any other combination of them.
12.2 In the event this License is part of a package of agreements for Licensee, this License and all other
such documents shall be read as compatible parts of the package and not in contradiction to each other, such that
in the event of apparent conflict in any duties under this License or the package of agreements, Licensor shall
designate which clause(s) shall survive or control any others.
12.3 Except as otherwise specified in this License, any notice or other communication required or
permitted by this License shall be in writing and (i) delivered by first class mail, postage prepaid, or (ii) deposited
into the custody of a nationally recognized overnight delivery service, as follows:
Licensor: Great Western Railway of Colorado, LLC
ATTN: Director, Real Estate
252 Clayton Street, 4th Floor
Denver, Colorado
80206
Licensee: Weld County Government
ATTN: Ryan Rose
1401 N. 17th Avenue
Greeley, Colorado 80631
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WITH A COPY TO:
ATTN: General Counsel
Great Western Railway of Colorado, LLC
252 Clayton Street, 4th Floor
Denver, Colorado 80206
12.4 No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor
shall any alteration, amendment, supplement or waiver of any of the provisions of this License be binding upon
either Party, unless same be supplemented, altered, changed or amended by an instrument in writing, signed by
Licensor and Licensee.
12.5 This License is made subject to the rights previously or simultaneously granted by or through
Licensor for any surface, sub -surface or aerial uses antedating this License, including but not limited to, the
construction, maintenance, operation, renewal and/or relocation of fences, pipelines, communication lines, power
lines, railroad tracks and signals, and any and all appurtenances applicable to them. Licensor excepts and reserves
the right to grant additional uses of the same or similar nature subsequent to the execution of this License, without
payment of any sum for damages, so long as such use does not unreasonably interfere with the use of Cable Line
by Licensee.
12.6 This License and all of the provisions contained in it shall be binding upon the Parties, their heirs,
executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of
any name changes. Notwithstanding the forgoing, Licensee agrees not to assign this License or any rights or
privileges granted under it, without the prior written consent of Licensor, which it may give at its sole discretion,
and any and every attempted assignment without prior written consent shall be void and of no effect. This
covenant shall also apply whether any of the foregoing is made voluntarily by Licensee or involuntarily in any
proceeding at law or in equity to which Licensee may be a party, whereby any of the rights, duties and obligations
of License may be sold, transferred, conveyed, encumbered, abrogated or in any manner altered without the prior
notice to and consent of Licensor. Notwithstanding the foregoing, Licensee shall remain liable to Licensor as a
guarantor of Licensee's successor in interest to this License.
12.7 Nothing in this License shall be construed to place any responsibility on Licensor for the quality of
the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of
any Licensee's facilities.
12.8 Any approval given or supervision exercised by Licensor under this License, or failure of Licensor
to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be
construed to relieve Licensee of its obligations under this License.
12.9 The failure of the Licensor to seek redress for any violation of or to insist upon the strict
performance of any of the terms, covenants or conditions of this License or any of the rules and regulations from
time to time issued by the Licensor, shall not prevent a subsequent act, which would have originally constituted
a violation, from having all of the force and effect of an original violation.
12.10 Licensee further indemnifies Licensor against any and all liens that may be placed against
Licensor's property in the course of constructing and maintaining this cable, and agrees to immediately satisfy
any liens so placed.
12.11 In the event that Licensor shall incur any costs or expenses, including attorneys' fees and costs,
in enforcing Licensee's covenants and agreements under this License, Licensee shall reimburse Licensor for all
such costs, expenses and legal fees as an additional fee under this License.
Page 8 of 17 RE_Crossing_Wire-Cable Line_US
V1R10, Nov 2018
DocuSign Envelope ID: 9F7C24AF-9757-470C-976A-56DD3E815159
Agreement No. 408552
12.12 This License shall be governed under the laws of the State of Colorado without giving rise to its
conflict or choice of law principals. Venue for conflicts arising out of or related to this Agreement shall be proper
in the federal or state courts of the State of Colorado for any action arising under the terms of this License or
performance of it.
12.13 The section headings of this License have been inserted for convenience of reference only and
they shall not be referred to in the interpretation of this License. This License shall be read with all changes of
gender and number required by the context. Time shall be of the essence in this License and each of the provisions
of it.
12.14 This License shall be read with all changes of gender and number required by the context.
12.15 Time shall be of the essence in this License and each of the provisions of it.
12.16 Licensor's remedies under this License shall be cumulative, and the exercise of any remedy shall
not preclude the exercise of any other remedy.
12.15 All of the obligations, representations and warranties of the Licensee accruing under this License
during the existence of this License or any renewal or extension of it shall survive the termination or expiration
of the Term.
12.17 Licensor shall not be responsible for any loss, damage, delay or non-performance caused by
accidents, labor difficulties, acts of God, governmental action or by any other cause which is unavoidable or
beyond its reasonable control.
12.18 Licensee agrees that it shall not register this License or any notice or reference in respect of this
License against title.
12.19 All exhibits attached to this License are incorporated by reference as if fully set forth in this
License.
IN WITNESS WHEREOF, the Parties have executed this License as of the last date of execution set forth
below:
Licensor: Great
Western
Railway
of
Colorado,
LLC
Licensee: Weld
County Government
By:
DocuSigned
by:
CMSkLV
By:
,
&UMI-+'+
Name:
�-- "169952D1252
/445...
Gassner
Name: lMike
Freeman
Hubert
Title:
CFO
Title:
BOCC Chair
Pro-Tem
Date: 27 June 2019
Date:
Cra
1 52 9
Page 9 of 17
RE_Crossing_Wire-Cable Line_US
V1R10, Nov 201
Lp°
9f o 02/
-
DocuSign Envelope ID: 9F7C24AF-9757-470O-976A-56DD3E815159
Agreement No. 408552
WELD COUNTY:
ATTEST:
BY
Jerk to the Boar
-all se se _as .7 Ai meal
Deputy CI: to' he B •4
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Pro-Terri9 µ;
2. 0 t,
a 802J
Page 10 of 17 RE_Crossing_Wire-Cable Line_US
V1R10, Nov 2018
DocuSign Envelope ID: 9F7C24AF-9757-470C-976A-56DD3E815159
Agreement No. 408552
Exhibit "A"
I
408552
APPLICATION PROCESS & INSTRUCTIONS
`elephone (303) 398-0400, Fax (866) 3519503
hit n a RUSH appltratir n Add S I.S00 USD 151 998 (..AQ) in adeit'en t
UNDERGROUND WIRE OR CABLE LINE
CROSSING OR PARALLEL ENCROACHMENT OF
PROPERTIES AND TRACK
Proposed plans must be approved by the railroad and a crossing agreement must be fully executed between the railroad and the applicant
)efore construction can begin. Material and nstauation are to be in strict accordance with specifications of the American Railway Engineering
Association and requirements of the railroad. One original of this form shall be submitted, accompanied by letter -sized Engineer Stamped Plans,
elevation section of crossing from field survey, location in respect to Mile Post, width of railroad right of way, location of adjacent structures that
may impede the crossing, and all information required in Figures 1 and 2 of ARE MA Specifications, Part S If open cutting or tunneling is
necessary, details of sheeting and method of supporting tracks or driving tunnel shall be shown.
Provide location (i.e- city, street, railroad milepost) and engineer stamped plans of the proposed leased premises with dimensions,
coordinates and directions Also depict any planned improvements on the leased premises with dimensions from nearest track (may incu►
additional costs or agreements for above ground occupancy). In addition, annual fees will be assessed pursuant to a written lease agreement
Please return the completed application. proposed plans indicating the location of the wire line, and a check for $4,500 USD ($5,994 CAD).
Make check(s) payable to OmnITRAx Inc.
C/O AR Real Estate Department
252 Clayton Street
Denver, CO 80206
is iriferrnatcln i:,; M,,. `!4t) • ,eiits will also be sent to r.0 .4•I
Ii the application is approved. the applicant agrees to reimburse property owner for any cost incurred by property owner incident to installation,
maintenance. and/or supervision necessitated t y this installation and further agrees to assume all liability for accidents or injuries which arise as a
result of this installation as provided in the agreement to be executed
Incomplete applications may result in processing delays. Applications submitted without the required fees will not be processed.
Please note, if the submitted application and prints require review by any independent environmental (HAIMAT) or other outside consultants,
this review will be of applicant's sole cost and on addition to the aforementioned fees
"•Canadian residents; businesses, this fee is a taxable supply, please include applicable GST"'
Once a COMPLETE application and required fees are received, including the rush fee of $1,500
USD ($1,998 CAD), a draft agreement will be made available for review within thirty (30) business days. Please be sure to mark
the box above.
Once an executable agreement is submitted tc- you, the license must be fully negotiated and executed within one hundred twenty (120) days
Thereafter, the application and materials will to archived and resubmission (►ncludirafees) will be required
PLEASE INITIAL HERE INDICATING YOUR UNDERSTANDING OF THIS POLICY:
CHECK NUMBER trl2 7)
Page 11 of 17 RE_Crossing_Wire-Cable Line_US
V1R10, Nov 2018
DocuSign Envelope ID: 9F7C24AF-9757-470C-976A-56DD3E815159
Agreement No. 408552
4 0 8 5 5 2
APPLICATION FOR UNDERGROUND WIRE OR CABLE LINE
CROSSING OR PARALLEL ENCROACHMENT OF PROPERTIES AND TRACK
Telephone (303) 398 0400, Fax (866) 351.9503
if you have not reviewed Railroad's Utility Accommodation Policy, please contact our Real Estate office at
omnitrax.real.estate@omnitrax.com or 303.398.04O0 to receive a copy prior to submittal of this application
SECTION 1:
1. Complete legal Name of Applicant: Weld County Government
2. Agreement to be in the name of (if different from above):
3. Type of Entity (p. ease mark one): Corporation LIC Individual Municipality
Partnership General Limited X Other County Government
4. If applicable, state/province of incorporation or organization:
5. Federal Tax Identification number (U.S. Leases): 84-6000813
6. Mailing Address: 1401 N 17th Ave, Greeley, CO 80631
7. Overnight Delivery Service Address (if different): _
8. Contact Person: Ryan Rose Title: Chief Information Officer
9. Phone No.: f 970 ) 304-6570 Fax No.: ( 970 ) 304-6572
10. Email: rrose@weldgov.com
11. Email Address Where Notices Can be Sent to: billing.It@weldgov.com
12. miring LuniaLt Name, s:',hur+e ++tumoet e asia 1Aciuresi iequ+{eu
Ronna Brinkman
(970) 400-2549
X401 N 17th Ave, Greeley, CO 80631
13. Railroad Name: _
Nearest Milepost: DOT No.: _
Track Station (from): Track Station (to):
NOTE: If Milepost or Track Stations are not known, please indicate the nearest road intersection here;
e 3S1k Vic- _AsI 5}
Section: Township: Range:
City: r c..l4 y County: ta 1 J State: Co to r1Jo
;Cal Coordinates PPq u
Latitude: Longitude:
Located on the (N/S/E/W) 5 it side of (landmark, intersection)
SECTION 2:
All specifications meet or exceed Railroad's Utility Accommodation Policy INITIAL HERE: 4P, 0
OR Variance requested - PLEASE DESCRIBE IN DETAIL (attach separate sheet if necessary):
• Angle between centerline of right-of-way and wireline will be
• Number of RR Co.'s tracks to be crossed 1
• Crossing will be: Transmission Distribution Service 16 cyc 0,114
• Altering current voltage — No. of Phases Hertz _
t1 `'
degrees.
Number of pole lines crossed
• Direct Current `— _ voltage amperes
• Conductors: (a) Number (b) AWG gauge •— (c) material
applications -omnitrax underground wire line crossing or parallelism 3/14/2017
Page 12 of 17 RE_Crossing_Wire-Cable Line_US
V1R10, Nov 2018
DocuSign Envelope ID: 9F7C24AF-9757-470C-976A-56DD3E815159
Agreement No. 408552
4 0 8 5 5 2
APPLICATION FOR UNDERGROUND WIRE OR CABLE LINE
CROSSING OR PARALLEL ENCROACHMENT OF PROPERTIES AND TRACK
Telephone (303) 398-0400, Fax (866) 351-9503
• Maximum voltage
Maximum current
• Max. fault to ground current Ht. of wire supports above ground level
• Material (encasement) if 2 P6 Outside diameter , Wall thickness 6 41. to
• Total length within Railroad right-of-way 30a% Height of wires above top of rail at 60°F
• Sag in Spans at 60'F Height of wires above Railroad communication & signal wires at 60°F Feet
• Bury: Base of rad to top of casing j 0' Not beneath tracks Roadway ditches
• Type of wire supports Size False dead ends
• Number of poles to be located on Railroad Company's right-of-way
• Distance from butt of pole to nearest rail of main track
• Distance from butt of pole to nearest rail of sidetrack
• If additional wire line attachments or revisions are to be made to existing crossing, please advise number and/or
date of agreement:
• Will line exclusively serve Lessee of Railroad? Name
• Will line run parallel or approx. parallel to Railroad Co.'s tracks? Distance of parallelism:
Please give approximate horizontal separation from our signal and telephone wires
• Will line be located in public road right-of-way? VEz> DOT/AAR Crossing No.
(lf "yes", show name, road number and right-of-way on print). Name of Public Road f +- _
By submitting this application for credit, you authorize OmniTRAX or affiliate, to make any inquiries necessary to determine credit worthiness
You release your banking instruction release details that would assist to determine credit worthiness.
I hereby certify that the information contained herein is complete and accurate. ibis information has been furnished with the understanding that it is
to be used to determine the amount and conditions of the credit to be extended. Furthermore, i hereby authorize the financial institutions listed in this
credit application to release necessary information to the company for which credit is being applied for in order to ticrify the information contained
herein. Our terms of sale and service arc NET 30 DAYS from the date listed on the invoice Invoices that arc beyond granted terms %sill he
assessed a late fcc of i K% APR (1.5% monthly) additional Terms and Conditions apply. A $20.00 charge will apply tOr any NSF:Non-SufTicicnt
Checks.
Date:
Signature:
Name
Title:
am.; ..../ i
o1, 4. is
itz
a 4 cci<,,39 fi eta
Phone No.:_ 9 7 0 e cab 6 -
Fax No:
9-20 k9Va-itit_6_
LIST CHECK NUMBER(S): '1 7 X93
BE SURE TO RETURN THE COVER SHEET WITH YOUR APPLICATION
applications •omnitrox underground wire line crossing or parallelism 3/14/2017
Page 13 of 17 RE_Crossing_Wire-Cable Line_US
V1R10, Nov 2018
Ln
DO
O
Agreement No.
CO
4-a
•
X
W
D: 9F7C24AF-9757-470C-976A-56DD3E815159
DocuSign Envelope
N
1.1-)
LC)
OGj _
0
K
11
CONSTRUCTION WOMB
I ALL UNDERGROUND UTILITIES SHOJI" ARE FOR INFORMATION
ONLY MO HAVE NOT BEEN Al))) VERIFIED. CONTRACTOR MUST
OBTAIN LOCATES PRIOR TO DISTURBING THE GROUND.
2 CONTRACTOR MUST HAVE A COPY OF THE APPROVED PERIArT
FROM THE APPROPRIATE AGENCIES ON THE JOBSITE AT ALL TIMES
3. ALL CABLE WALL BE PLACED AT STANDARD MINfUL4a DEPTH UNLESS
INDICATED OTHERWISE.
4 ANY DISTURBED LANDSCAPING wtLL RE REPLACED TO EQUAL OR
BETTER THAN THAT Vt4ICH EXISTED PRE* TO WORK.
S ALL WORK WILL BE PROPERLY BACXFILLED PRIOR TO END OF
WORKMAN' NO OPEN HOLES ARE ALLOWED OVERNIGHT
6 ALL WORK IS T. BE W ACCORDANCE WITH ALL AUTNORRIEB
HAVING JURISDIC- ON IN THE WORK ZONE.
CONTRACTORS ARE ADVISED TO CONTACT COLORADO BORWO CO
COMMUNICATIONS FOR ANY ADOITIONAL INFORMATION OR
CLARIFICATION CONCERNING SCOPE OF WORK OR THE
REQUIREMENTS NECESSARY FOR PROJECT COMPLETION.
B. CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS QUANTITIES
MO EXISTING CONDITIONS PRIOR TO CONSTRUCTION
9 BEFORE CONSTRUCTION BEGINS. CONTRACTOR SHALL POTHOLE
ANY ENCOUNTERED OBSTRUCTIONS PRIOR TO PROCEEDING WITH
WORK
to NO CONSTRUCTION ON PRrya rt PROPERTY WILL COa•UENCE UNTIL
RIGHT ENTR r OR EASEMENT 13 GRANTED
CONTACT INcQRIAATIQN
CQLoRAQQ BORING CO
LLOND SEATON PH flo.414-1996
COOK
BERRY LONG
Cif *RAt.,gas
PH JIIS.$«13;9
fUNNF110 tJNE PLAN CCNLOR INDICATES
VIGI!`rrr 14AP MACK • OR ROUTE ONLY
PLAN SHEETS RE') • OWE CT10e AL BORE
PLAN SHEETS 3 ( F TRgNC►LPLO .
dilillallemaisiare• lomat Now ••
COLORADO BORING CO
GREAT WESTERN RAILROAD &- F RD CROSSING
WELD COUNTY, COLORADO
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WORK PLAN INDEX
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O PR:POSED WOOF
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EXISMG C1801 OM MYER
EXISTING CAS *W N
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Colorado
Boring Co
IBLI Cat OVA
Mr MILOS CO MIX
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GWRR&FRD
WELD COUNTY CO
COMER SHEET
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Page 14 of 17
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Agreement No.
DocuSign Envelope ID: 9F7C24AF-9757-47 0O-976A-56DD3E815159
--R
0+00
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4'
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•
•
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• •••_ • • _•._ • • a • • dame
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NOTE GREAT WESTERN RR
RIGHT -Of -WAY
100'
R/W
1
R/W R/W R/W
R /W
NOTE C CAT 1MFSTERN RR
RENT -OF -WAY
EOP-
2+00
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F RD
R/W
R/W
EOP EOP EOP
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WELD COUNTY F RD & GREAT WESTERN RAILROAD
1'•30' HORIZONTAL
48'
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156'
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ark
120'
•A ameniee e••swilla••
OiRECTICtlAL BORE
(1) 7 HOPFJIEO-30O'
I
0+SO
1+00
1+50 2+00
WELD COUNTY F RD & GREAT WESTERN RAILROAD
1'■JO' NOR12ONTAL
1'■60, VERTICAL
'------ 3+00
5_1
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19'
R/W
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EXISTING LMUIT POLE
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Colorado
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WELD COUNTY. CO
PROJECT LAYOUT
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Page 15 of 17
Agreement No
D: 9F7C24AF-9757-470C-976A-56DD3E815159
DocuSign Envelope
1 General
a Al underground utteey rosarngs of ref bid trscteg• Wet be designed to carry Coopers
E-80 Railroad ten loading wen diva wiped (AREMM Coopers twang Section 8-.2-8).
The 60 00O4b tide load may be 4?ibtuted Sternly • distance of three (3) teat p-rs s
durance equal to 7+e depth tom Rructure grids We to base of h1 on non side of
entering of single trots or cinema or ovine veAc wtwn multiple tracks are to be
crossed. In no case shd rubbed being design extend less then ten (10) feet rtiosel
Purr centerline of tr.tk Lone:Andy. the bad may be drstrlbrtad bun the Nebo(
sole booing of the Cooper xnbgw*bon Regrow insuring coterie MI also apply
May 18.2011
✓ et 33
when future flora art GGARR ere caonerndated. to Me *knot this nlormebon x
aventis
b 4.1 utthty crossings under catches end ratoed trec'kage Stunt have a nlnrmurn dept of
covet d three (3) feet bekr w the flow the of the ditch or ground surface and *nerd
creaser (5-1 a) keel from ben of rail In itl sect nos. the natural ground ire at the toe
of slope ell be tantldursd as ditch grade. The depth of rest ctrl not be len tan sal
Writing epplkattM industry stendern
t For el bornQ and )sang esstarttsons under mar end passing tracks. grata than 28
inttws in dismay and et s depth of between 5 Send 10.0 feet below top of tea. e
geetacnnical nary w1i need to be psdoetred to astride the presence of granular
mean* andior high wetter table eleveton, at the sole expense of the Permian The study
ors uhduds rxonrnendaoons andpen for s procedure to prtr ant fart end a cdapn
of the bore. Generality on sarnpUs ere to be taken ray the toes of K. el the proposed
ka soon. V lent es ding a the bottom of the proposed horizontal bore Tett results must
be reviewed end approved by GPRR. or Is agent prior to boring *ober** connenctg.
(WRR reserves the rfgMi based on test faults to require the Pa -mates to *abed en
alternate tcabon or to request eddrten& engineering specdiCatiora be impler anted at
Oa sob expense of the P.cmllss, ri order to utilize arresting location.
d The use of plastic cornet pipe for sewer water nature, gas and other itotadt ls
scpptabi
undo specific cbcumstano.s. The use of pt•st c pipe is tsvatadory It the pipe is
designed to most al applicable seder.' and Mrs czdet, end f me urMar pipe !s property
encased within a suet casing page per AREMA stsnd*rda Ttits casing mutt *x!wod the
fua width of the right of may. Casing may be brood only for gesaovt products b the
carrier pipe is Merl end is geoid Sr (10) feet mrttmuto beide the base of rte per
AREMA standards.
2. Gerard Design and Conmvctbn R.quewrie tit
a Nth* merlin m depth ie not gharhttes because of *static) chain. water table.
*Masada. a. or seder reasons. the Ina On be rerouted
b. Locetora that ere oxnisksered unsuited* or undesirable ar o to be avoided. Terse nchrde
deep an end in wet or rocky terrain or when t oil be 4 Mo* to obtain merino"
der
C. Underground to tray be made by open -trenching from the property ens to to
toe of ow to skips in NI sections end to the eras of the shoulder sip* ID cut escort but
to no done Shan trey (30) bet of the centerline of track The remainder *4 be
tunneled. augured. tacked or dr.etion.4bored tfvougn the roadbed Refer to the
blowing section* for required encssenev l of thanes end boring r.oui.rnerts.
d Manholes should be loaned ovate relroad property. when possible No manhole wt
be bdrtec in the shouter. shoulder slope. not or b*ct*Iope. or within twenuySve (25)
feet of the centerline of trade, end shell not protrude ebwe tdr surrounding ground
root .00novAl of GWRR.
• insects we not be attached to oc routed through overage *octanes a alto penes
Leann ere rue to be etteched to otter raved teuaurn without written approval of the
GWRR Structures Department
Jsddnglboring pits she! be located a nrthtmum of dirty (30) ter from the erne of
track end kept to tee cnnbr*" size necessary
g Under�rck born shill be boated greeter urn t 50 faet font taw nearest bridge driven.
track twitch, bulking or other major structure
3 Posen* Requirements
a. Pip.inn designs are to specify he type art date of matarrl, rradrri m worsting
preat&res and test end design ornate Prp*enes *bleb are not constructed. operated and
maurtened under regulations estea(ishsc under US Department of TrenapOrriton
Na2aroous Matetiad Regulations Board shell upon revisions in the doss of rnestsrlai a
en manse hn the maximum operstng pressure, oust obtain GWRR Engneerng approval
b Plpebnes carrying o1. iquatied pet obum gas. natural or minute hired gas and oche
Aemmable products shell conform to the nrquiren ens• of the current AREM&
ANSVASME 0 31 4 Code for tonsure Meg - Liquid Petroleum Trensportebon Piping
Systeme. ANSI Et 31 8 Code for pressure paring - Gas Trawlevcn end Disbibutdon
Piping System crew applicable ANSI codes and 49 C.F R Part 192 ter Pert 195 -
Traneprxtebon of Hazardous Liquids by Prpeana eXC.pt that the maximum elyvesble
stress of design of deal pipe anal not exceed the fpioerng paid tteges of the tovoted
minimum yield ter ngtn (multiplied by iongthidinsl pm leapt) of the pipe as dented n
tw ANSI codes
C. Pipelines under mimed hacks end across railroad property shat be enossad n a taw
pp* or oondult talsd "txsrtgs.' Genet* casings shad extend from right -at -way In*
to right-of-wey fne. urine oft'r a eppxovW.
d. Pardee and auto; pion win be weedy Insulated Rom urderyrowhd conduits
drying
electric own on rienti property
• Rer* had Concrent page *4 need to be encased for a distance it silent?*
GENERAL NOTES
erruankmoni at the trolly crossing This a to protect against trick raidm due to pint
seperalxm.
4 Encasement of L?vSbes
• Criage are overrated load-bear$g conduit or ducts through whkh a utdty is nand
To protect to Wood from damages and to prtrvlde for repo. removal end
reptececMt of the kiddy wlhw it tr tliderente to reekvey mono
1) To protect the cairn pipe from external beds or rock drier during or seer
construction
2) To pommy leaking funds or Bases away from the eras directly beneath the nomad
trec'kage to a port of venting at the railroad property Ire
b. Casings nay be ometed for gaseous products only under the folOwing circumstances
1) Carrier pipe rriusl be steel and ter wal thctnets mutt conform to E-80 boding for
casing pipe shown in one tabbies as nr k,ded In the AREMA manual Chapter 1 Pert 5
for Pipeline Crossings. The length of toidter.walled pipe anal attend from meow'
right-olorrey tin to ngnao$wsy brie. This w0 generally re d in t ocher-wabd
pipe on road rtgN-oI.way
2) AI deer pipe steal be coated and cathode* protected
1) The depth from bass of rail to top of prye shall not be an Can len (10) feet deem
ben of rut The depth from der free or other low pone on reltoed ngMot way shall
not be bas than sly (9) feel from ground In to top of pipe.
C. in circumstances umstances where i Is not baba to instal encasement from rghl.aLway We to
ngi*otsty Ins dieitig pipe under reamed tract' and across cubed property that
extend to the greeter of the toiowfng distances matured 0 ritM •ngin to the online
of leeth
1'; Two (2' teen beyond toe oI slope
2► Three (3) bet beyond ditch line.
31 Twenty -flan (25' feel tram osnt.rtn• of oak* tract when pang rt waled et both
ins
4' Forty -en ;46 feet from aline of outside treat when casing is open at both ends
5) Il eddbor.al trice Is planned for Olin construction. caw* must attend far enough
to meat above distances gran to eddtten* net tequutiment
6. Ppeines and taeeg pips shall be wrtabfy naiad from unkleryround conduits carrying
Heart Mite on reined property
e Casing pipe end parts stud be triadh CO mine end of leakproof oonstnrsicn Cnngs
Mel ba capable of wthstandng the retcad toedhgs and bits toads superimposed upon
them
Wall Mann detugraboos for steel casing pipe to E-80 loving (Including road. an
Nominal Ores Min Vicente* for Non Coated
(Inches) Coated (Inches) (Inches )
14 and Under 0.188 0.168
15 0 719 0 281
18 0 250 0 312
20 end 22 0.281 0.344
24 0.312 0.375
26 0-344 0.4013
28 0 375 0-438
30 040E 0 480
32 0.438 0.500
34 and 3E 0 4690 531
38. 40 end 42 0.500 0 563
44 and 46 0 531 0.544
4x305930.825
so 0 594 0.959
52 0.825 0688
54 0.956 0.710
56 and 58 0688 0.750
600.7190.761
E2 0 750 0.813
6407180.944
88 end 980.6130875
70 0 844 0.00E
7208750.93$
1) Steel pipe end have minimum yield strength of 35.000 pounds per square inch.
2) AI runic casing pipes are to be oetugn.d for effective corrosion control long
service We end rekth4ly free Rom mob's servicing end namenance Corrosion
control rrassunt kW metallic carnet pip rig most include cathodic protection
3) Cost iron may be used Sr easing. It shd conform to ANSI A21 The pros an l be
connected with mechanical type pints. Plain -sit pope that be Connected wet
cottip.ss,ondype couplings The strength of the or iron pipe to sustain to ernal
bads thil to corlDuted n eccordanc. vw't+ the most current ANSI A21.1 'Manuel
for the Carpttteton of Strength end Th,ckpeee of Cast Iron Pte."
g. The need* ammeter of the casing pipe wall tie Such 5nl the carrier pipe can De canton
wthout disturbing the dung Al pints or couplings. supports. bards Mors a motoring
devices for three carrier pee shell be considered in the .*tabor of tie casing dWtrter
h For enrol, damp tripe. • titration verbal oefledion clearance of the as:ng pipe abed
bre three patent (3%) of is dismater plus ore -het (1x2) Inca so that no beds from the
roadbed. tntk. ref eed uric or own; pine are ownernetel to the niter pipe When
insulators ere used on the tamer pp. the rttttwhtrip o< Cie casuhg stn. to the see of the
Ca n•_ pope is
Instda Ow. d Casing Pip* Eawls
0ran>ttsr of Cartier Pipe Outside Oa. Of Came( Pope Plus
fr -err
-19'3.1a'
Over 19" 4-112*
5. Casing end opMne Inftalaton
a. Casing and pipetite installations should be scCOfl laced by elrectonal baring (s**
sppendbc page A-$). pi k-nd-aore. tunnefing or tithe( eppr+;ved methods runneang
tonatniodon under tracks we be permitted arty under data supehMsicn of a 0WRR
Engineer Tunneling procedures and equipment es oral n structural design. must hive
t3VlRR Engineering epprovel pow to starting any peon. on GV R property Gentraty.
tunrrdng sal not be conWered where ton then ion (8) feet of saver octets or where
tresattvety sandy, loose or u.Sky sot are enoclpat.d
Rat elevrthons ever the work must be monitored et intervals prescribed by G%WRR to
detach any !neck movement Movements of over one -quarter (la) ndh v,rtttty shell be
*wrestsrody reported to the GARR Roedmasm. Oue to the danger to !al treat that Is
caused by only and/ amount* of track rrwvemerrt. GWRR fortes may have to be celled tr
swfaoe the tick several limn
The following requirernerhta shal eppfy to these oonttructe t rrtetod•
1) The use of water vender pressure }sting of puddling wit not De perm4t*cl Co taditate
borng. pushkg or picking openrions. Sorna boring tray requn water x l ubroeaae
cuter and pp* and under suctl nondibons S oonuunad dry boring
2) Mare unstable toll conditions met. bong or tunrtaing opertrporn ahal be
conductedn suds s manner as not to be detrimental to the raload bang =mad
3 if eoxoesWe voids or too large s Doted hole M ptr aired during cesrtg or Mew*
inflations. or K d is necessary to abandon a bored or tunneled hots. prompt
remodel *don shout be taken by the MOM Owner
4; AI voids or abandoned holes caused by booing or Slating are to be fled by pressure
grouting. The grout materiel should be ailed Mort slurry with a mnrmurn of two
(2 sacks of cement per cubic yard and a minimum of water to enure satitectory
pte*rrrnl
The hole diameter resulting from bored or tunneled loba r:Okeh, shall not exceed the
outside diameter of the utility pine cable or caung braiding costing) by more than
one end ora-bod ;1-1/2) Inches for pipes with en inside'Marnets oe rwwa$a • 12)
oche* or ass or two (2) inches on gapes vriO, an Inside clarrwter greater than twelve
121 inches.
5 Pet for boring. funneling or picking w11 not be p►rmated *news trey (30' bet of the
centerline of trade or closer to the truce than the toe of tie slopes in al sections or
tae of shouter slope r' dlit WWI* when pipet axe dosed on the rsfboad
property.
c Vents. In casing pipe nwgtans. vents are epourtenanun by welch fluids or gases
between come end casing may be inspected. angled i ntaunt or eveaistad.
1Vents and be bated st the high end rot short eating* end et both ends of casing
longer then one hundred Ally 150 feet
2) Vent stendpi 'es aid be located and ooristneted so as not to interfere *Oh
rrarhterrnce of the ralroad a to be concealed by vegetation wear. possible. they
shat be monad and located a1 the property ire The matters shell re the name end
address of the owner. and a pion* nurreet to conned In Lan of emergency_
3) Casing pore when sealed stall be property vented Vent pages shall be of sufficient
dints but in no case toss then two (2) ruches in dterwtar end shell be *Radhed
roar each end of asns prolectbrg though ground surface et property Ina
41 Vent pipes trial intend not lass than (Our (4) feet above ground surface Top of vent
prpn shat be reed with a down -turned rned elbowproperty *awned. w a neat verve.
5) For manes carrying Ramrrobls materials vent pipes on casings shot be et least 18
bet (verbally) front wait electric woes Cosines shell be suitably Insuhied from
underground conducts cartyng slectrk wires on Railroad nght.oawsy
d. Shut -Oft Valves
1) The tidily Owner thee instal aotessble emergency *hut -off vetoes wet*" effective
distances on *ern side of the reload Whet pippin** are provided dint automatic
control stations. no eddi tonal veears at be required
2) Locating • shut.ort vein on nuroad progeny ►hould be avoided II uproot is
wpurea, • guarnrd truer protect taw iNs-of valve
3) Wean a guedr.d is requred. Rs ttegfi Owl be tour (IOW atone the round Inc
N tour corner pairs that be driven to • minimum depth of for (4) het Dee vv
ground ere. There Old De a rnnnum clearance of t* (2) bat from the valve to the
guardrs!. The Mai epee for the roes corner poste end overtired shell have a
minimum diameter of tour (4) mann Al )tide wit be welded with a one -quarter
(114; rich flat weld al wound.
0 Fever Cptk Ones
•. The sans requirements br Ore power sue crnnswvp w I noddy for Item optic ire
closings except tom the following
b A freteum awn of 4 0 feet SNO for Roar optic cable «assneq
e GWRR Engtneatng must approve any tpeeialerna *CU VW, user tt: rstnl _aGaa No
n1
plow war be allowed ex nstalabon purposes.
6. Schedule 60 HOPE pipe a acceptable (a-nt no onto poi) tax use when housing Abs
optic Mats. A nrtelic Abbots or die crust be inductee in the pipe to slow for redo
locatng at a filter data
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WEIR COUNTY, CO
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GENERAL NOTES
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V1R10, Nov 2018
Agreement No. 408552
DocuSign Envelope ID: 9F7C24AF-9757-470O-976A-56DD3E815159
PROJECT DETAILS
r _
PLAN VIEW
PROFILE VIEW
100
cameo —NN:t3__
OFACe
• dr NN.
120' a -
3
I
OPECNONAL DORE UNOER TRIOS
AT A Dams Of IIOT UDSS DWd 120-
1-4° AS SPECIFIC
9CTH WES a ram
OPTIC CAW
TYPICAL DETAIL "C"
DIRECTIONAL BORE MAIN TRACK/SPURS
mat (NOT TO SCALE)
1. 60' fCNtM tlt*B Oarots AND CULANTS.
t) RIO4T Of NO STAI1OtdIC REFERENCES F RO STATIOi nc
2.) C(1xACTOR SNAIL IMr4TAM 120' 1maa,M DEPTH FPOY ELISE OF RAt
10 TOP Of C*SO4G,
Sat
ur Sae Lt .
Ca bantit
Witartgrin• OS 024Sa IV Ia
u4
FQ1PC
e O •tac
GUMS 0 LO440
ASO 00 Oar Oa).
Colorado
Boring Co
S
01126 CO a
Ina
�—
GVVRR S F RD
WELD COUNTY CO
PROJECT DETAILS
Ott SO ear • .-er anI1
1
Pew IIUD2OLI
Witt kr5
' w a twoott
04
an 04s 04
Page 17 of 17
Entity.1nformation
Entity Name*
OMNITRAX, INC
Entity ID*
@00015887
Contract Name*
OMNITRAX WELD COUNTY FIBER RING RAILROAD
CROSSING
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
2915
Contract Lead*
ACHURYK
Contract Lead Email
achuryk@co weldco us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
FIBER RING RAILROAD CROSSING AGREEMENT WITH OMNITRAX FOR THE WELD COUNTY OWNED FIBER FING AROUND
THE CITY OF GREEELY RAILROAD CROSSING IS AT F STREET EAST OF 85TH AVE
Contract Description 2
Contract Type*
CONTRACT
Amount*
$4 500 00
Renewable*
YES
Automatic Renewal
Grant
IGA
Department
INFORMATION
TECHNOLOGY-GIS
Department Email
CM-
Informa ionTechnologyGtS@sr
eldgov corn
Department Head Email
CM-InformationTechnologyGIS-
Dep₹Head@weldgov corn
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV COM
I€ this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
07/10/2019
Due Date
07/06/2019
Will a work session with BOCC be required?*
HAD
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
OnSase
Contrac:pates
!!! Effective Date
Termination Notice Period
Cantacty lnforrmatkon''y
Review Date*
04/01/2020
Committed Delivery Date
a
Renewal Date*
07/01/2020
Expiration Date
7'
ContactJnfo , - F
Contact Phone 1 Contact Phone 2
Contact Name Contact Type Contact Email
' Purchasing
Purchasing Approver
P w -e ", ajs t. r w
Approval,Process 4
Department Head
RYAN ROSE
DH Approved Date
07/03/2019
Finai Approval >'
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/10/2019
- - - --
Originator
ACHURYK
Purchasing Approved Date
Finance Approver
BARB CONNOLLY
Finance Approved Date
07/03/2019
Tyler Ref #
AG071019
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
07/03/2019
Hello