HomeMy WebLinkAbout20173684.tiffRESOLUTION
RE: APPROVE RAILROAD CROSSING RENEWAL AGREEMENT FOR IMPROVEMENTS
TO GRADE CROSSING ON COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN -
GREAT WESTERN RAILWAY OF COLORADO, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Railroad Crossing Renewal Agreement
for Improvements to Grade Crossing on County Road 13 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, commencing
September 28, 2017, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Railroad Crossing Renewal Agreement for Improvements to Grade
Crossing on County Road 13 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 25th day of October, A.D., 2017, nunc pro tunc September 28, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: davt/4/O�C 4�!4kWeld County Clerk to the Board
ount ttorney
Date of signature: 1k l I3l
IA; -9 a
Ju i1 e f�„Cozad, Chair -�
/24,,
Steve Moreno, Pro-Tem
C -
Sean P. Conway
Pcv 1C Ic)
II/15/17
2017-3684
EG0074
BOARD OF COUNTY COMMISSIONERS
MEMO TO BOCC CLERK
RE: WCR13 Railroad Crossing Replacement — GWR Construction Agreement
DEPARTMENT: PUBLIC WORKS DATE: 10/24/2017
I
This item (On -Base #1507) is scheduled for the BOCC Agenda on 10/25/17. If approved, please return two
signed documents to Public Works. These documents will then be forwarded to Great Western Railway of
Colorado (GWR) for signatures. One fully executed document will then be returned to the BOCC for our files.
An existing railroad crossing on WCR13 between WCR68.5 and WCR74 is in poor condition and needs to be
replaced. Public Works is recommending partnering with GWR to have the crossing replaced. Per the Code of
Colorado Regulations (CCR 723-7) the County shall be responsible for the cost of the materials required, and
GWR shall be responsible for the cost of the installation and maintenance required.
O2D/ 7-J6Y0
f
RAILROAD CROSSING RENEWAL AGREEMENT
THIS RAILROD CROSSING RENEWAL AGREEMENT ("Agreement") is made and
entered into this a5 'day of c cC5t5e7-- 2017, by and between the BOARD OF COUNTY
COMMISSIONERS, WELD COUNTY, COLORADO on behalf of the WELD COUNTY
PUBLIC WORKS, (hereinafter referred to as "County") and the GREAT WESTERN
RAILWAY OF COLORADO, L.L.C., a Colorado limited liability company ("GWR").
RECITALS
WHEREAS, GWR and the County have determined to improve the grade crossings over
the track of GWR at Weld County Road 13, U.S. DOT Crossing number 244886X, located at
Milepost 83.85 of GWR's Greeley Subdivision, as depicted on the attached Exhibit A-1 which is
incorporated into this Agreement by this reference (collectively, the "WCR-13 Road Crossing");
and
WHEREAS, the County has determined to fund the cost of materials for the GWR to
improve the WCR-13 Highway Crossings; and
WHEREAS, the GWR has determined to fund the cost of labor and equipment to
improve the WCR-13 Highway Crossings; 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:
AGREEMENT
1. Scope of Work. GWR agrees to perform the work ("Work") as outlined in the
attached Exhibit A-2 which is incorporated into this Agreement by this reference. This Work
generally consists of removing the existing rail, cross ties and other track materials (collectively
the "Materials"), and the grading and replacement of the Materials. GWR agrees to begin the
Work of improving the WCR-13 Road Crossing within thirty (30) days after ordering and
receiving the Materials specified on Exhibit A-2. Provided GWR receives payment from the
County within the time frame specified in Section 2 of this Agreement, GWR agrees to complete
the Work as soon as reasonably possible, but in no event later than May 1, 2018.
2. Payment. The County will make payments to GWR in accordance with the
estimated costs of Materials ($44,548) as outlined in Exhibit A-2 and the following provisions:
• GWR will submit invoices for the costs incurred. If the final costs exceed those
described in Exhibit A-2, County shall pay those reasonable additional expenses up to a
maximum of an additional five percent (5%).
2017-3684 Cl
1
• County has funds budgeted in 2018 for this purpose. Therefore payment to the GWR
shall be made in 2018.
• The County will reimburse GWR no later than thirty (30) days after receiving properly
prepared invoices.
• GWR may use its own forces or enter into an agreement with a qualified contractor to
perform the WCR-13 Highway Crossing renewal Work.
• GWR may use Materials from inventory (rail, ties, plates, spikes, ballast) to expedite the
track renewal Work.
• GWR agrees to order the track Materials needed to renew the road crossing within fifteen
(15) days from the date that this Agreement is executed.
3. Maintenance Obligations. After re -construction of the WCR-13 Highway
Crossing is completed, the County and GWR acknowledge that their respective maintenance
responsibilities shall be as follows:
A. Pursuant to 4 CCR 723-7-7211(c), the County acknowledges that it shall be
obligated to maintain, repair, and replace, at no cost to GWR, the roadway approaches to
the WCR-13 Highway Crossing, which shall include all grading, road surfaces and
drainage facilities, curb and gutter, sidewalks, and bike paths.
B. Pursuant to 4 CCR 723-7-7211(a), GWR acknowledges that it shall be obligated
to maintain, repair, and replace, at no cost to the County, the WCR-13 Highway Crossing
from the outside end of one tie to the outside end of the opposite tie of each, together
with all appurtenances thereto including, but not limited to, operating facilities, warning
devices, flashing light signals, gates, cross bucks, and signage if any such appurtenances
are installed by GWR.
4. Funding for Maintenance Costs. Nothing in this Agreement shall prevent either
party from seeking State and/or federal grant monies to pay for the costs of their respective
maintenance responsibilities.
5. Appropriation. The parties agree and acknowledge that this Agreement does not
constitute a multiple fiscal year debt or financial obligation of County based on the County's
ability to terminate this Agreement pursuant to Section 6. If the County ceases to provide funds
for its obligations contained in Section 3 A or terminates the Agreement pursuant to Section 6,
then this Agreement shall be null and void.
6. Termination. This Agreement shall take effect as of September 28, 2017 and
shall remain in effect until the completion of the Work. Notwithstanding the foregoing, this
Agreement may be terminated by either party upon giving not less than ten (10) days written
notice to the other party so long as such notice is received by the other party prior to GWR
ordering any Materials necessary for or commencing performance of the Work. If GWR has
ordered any of the Materials and cannot return them and the County thereafter terminates this
Agreement prior to the time GWR commences performance of the Work, then GWR shall be
entitled to keep that portion of the funds advanced by the County that GWR has expended on the
Materials, labor or other costs directly attributable to the Work. Within thirty (30) days after
2
completion of the Work, GWR shall furnish the County with a written certification stating that
the Work has been completed and verifying that it expended the funds provided by the County
solely on the Work.
7. Independent Contractor. In performing the Work, GWR acts as an independent
contractor and is not acting as an agent, servant or employee of the County. GWR is solely
responsible for withholding and paying all applicable federal and state taxes associated with the
Work. GWR and its employees are not entitled to unemployment insurance benefits unless
unemployment compensation coverage is provided by GWR or an entity other than the County.
8. Applicable Law/Attorney's Fees. This Agreement shall be construed and
enforced in accordance with the laws of the State of Colorado.
9. Assignment/Binding Effect. This Agreement shall be binding upon and, except as
otherwise provided in this Agreement, shall inure to the benefit of the successors in interest,
assigns or the legal representatives of the parties hereto.
10. Notices. Any notice or communication required under this Agreement between
the County and GWR must be in writing and may be given either personally, by registered or
certified mail, return receipt requested, by Federal Express or other reliable courier service that
guarantees next day delivery or by facsimile transmission (followed by an identical hard copy via
registered or certified mail). If personally delivered, a notice shall be deemed to have been given
when delivered to the party to whom it is addressed and the party has acknowledged receipt in
writing. If given by any other method, a notice shall be deemed to have been given and received
on the first to occur of: (a) actual receipt by any of the addressees designated below as the party
to whom notices are to be sent; or (b) as applicable: (1) three (3) days after a registered or
certified letter containing such notice, properly addressed, with postage prepaid, is deposited in
the United States mail; (2) the following business day after being sent via Federal Express or
other reliable courier service that guarantees next day delivery; or (3) the following business day
after being sent by facsimile transmission (provided that such facsimile transmission is promptly
followed by an identical hard copy sent via registered or certified mail, return receipt requested).
Any party may at any time, by giving written notice to the other party hereto as provided in this
Section 10, designate additional persons to whom notices or communications shall be given and
designate any other address in substitution of the address to which such notice or communication
shall be given. Such notices or communications shall be given to the parties at their addresses
set forth below:
If to County: ATTN: Michael Bedell, P.E.
Weld County Public Works Department
1111 H Street, PO Box 758
Greeley, CO 80632
Fax: (970) 304-6497
If to GWR:
Great Western Railway of Colorado, L.L.C.
ATTN: Hubert Gassner, Manager
252 Clayton St., #4
3
Denver, CO 80206
Fax: (866) 759-3245
With copies to:
Great Western Railway of Colorado, L.L.C.
ATTN: Ken Rose, Director of Engineering & Environmental
252 Clayton St., #2
Denver, CO 80206
Fax: (866) 759-3245
11. Remedies. In the event of a breach or default by either party, as determined by a
court of competent jurisdiction, the non -breaching party shall be entitled to any and all remedies
available at law or equity, including, without limitation, actions for damages and injunctive
relief.
12. Waiver. No waiver of one or more of the terms of this Agreement shall constitute
a waiver of other terms. No waiver of any provision of this Agreement in any instance shall
constitute a waiver of such provision in other instances.
13. Extension or Modification. Any amendments or modifications to this agreement
shall be in writing signed by both parties.
14. Indemnity. GWR shall indemnify and hold harmless County, it's officers, agents
and employees from and against injury, loss damage, liability, suits, actions or claims of any type
or character arising out of the work done in fulfillment of the terms of the Contract or on account
of any act, claim or amount arising or recovered under workers' compensation law or arising out
of the failure of GWR to conform to any statues, ordinances, regulation, law or court decree.
GWR shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this
Agreement of its failure to comply with the provisions of the Agreement, or on account of or in
consequence of neglect of GWR in its construction methods or procedures: or in provisions of
the materials required herein, or from any claims or amounts arising or recovered under the
Workers' Compensation Act, or any other law, ordinance, order, or decree. This paragraph shall
survive expiration of termination hereof.
4
Weld Co rk to t 'L} G' oard
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first writte
CO BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO
GWR:
STATE OF COLORADO )
ss.
COUNTY OF )
GREAT WESTERN RAILWA I1 F
COLORADO, L.L.C., , Col• ado,limited
liability company
By:
Hubert G
er, Ma!ager
The fy�regoing Railroad Crossing Renewal Agreement was acknowledged before me this
36 day of c6 &L - , 2017, by Hubert Gassner, Manager of Great Western Railway of
Colorado, L.L.C., a Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires: `oho
Notary Public
SANDRA REMY
NOTARYPUBUC
STATE OF COLORADO
NOTARY ID 20084004056
MYCOMMISSION EXPIRES FEBRUARY 6, 2020
5 0/7- wlfi>
Exhibit A-2
Great Western Railway of Colorado
Fx Rate
Taxes
1.000
1.070
Total Project Capital
Total Funding
Total
USD
(101,930)
Net Unleveraged Cash Flow (101,930)
Position
Qt
Rate
payroll burden
33%
ST Hour
_
Project
Management
1.00
$ 45.00
40
-
2,394
Total Internal Labor
1
40
an
Material
Unit
Curr
Rate
2,394
----
CR 13,
MP
83.85
Rail,
136#
linear
feet
USD
21.00
128
2,688
Rail,
115#
linear
feet
USD
18.00
78
1,404
Crossing
Ties, 7x9x10'
each
USD
85.00
52
4,431
Cross
Ties,
7x9x8'6"
each
USD
49.50
100
4,950
Tie
Plates,
136#
each
USD
9.00
81
728
Tie Plates,
115#
each
USD
8.00
47
374
Track
Spikes
keg, 100#
USD
70.00
8
556
Comp
Bars, 136/115
pair
USD
400.00
4
1,600
Comp
Bars, 115/85
pair
USD
400.00
4
1,600
Track
bolts/w
washer
each
USD
4.50
48
216
Ballast
ton
USD
27.00
288
7,787
Crossing Panels,
Timber/Dapped
each,
8', inc lac
USD
230.00
24
5,520
Asphalt
ton
USD
85.00
90
7,650
Corrigated
Drain
Pipe
linear
feet
USD
26.00
120
3,120
Heavy
Walled
PVC
linear
feet
USD
2.50
80
200
Anchors
each
USD
1.75
985
1,724
T_._ t ■a__ . _ • ■
44,548
Contract Services
CR 13, MP 83.85
Vendor
Curr
Rate Qty Total Cost
CR
13/Coun
O3
Sep
(101,930)
Sep
2,394
2,394
Sep
2,688
1,404
4,431
4,950
728
374
556
1,600
1,600
216
7,787
5,520
7,650
3,120
200
1,724
44,548
Construct Crossing, Timber
Traffic Control & Detour
USD
USD
Total Contract Services
850.00
10,000.00
48.000
1.000
40,800
Other Capital
Vendor
Curr
Rate
10,000
50,800
Manager
Vehicle
RR
USD
25.00
40.00
1,000
Taxes
Curr
Rate
1,000
Sales
Tax
USD
1.070
3,188
Total CR 13/County Line Road Crossing Cost
3,188
101,930
Sep
40,800
10,000
50,800
Sep
1,000
1,000
Sep
3,188
3,188
101,930
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