HomeMy WebLinkAbout20162547.tiffRESOLUTION
RE: APPROVE RAILROAD CROSSING RENEWAL AGREEMENT FOR IMPROVEMENTS
TO GRADE CROSSING ON COUNTY ROAD 48.5 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 48.5 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 July 8,
2016, 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 48.5 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 8th day of August, A.D., 2016, nunc pro tunc July 8, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d‘(,U
Weld County Clerk to the Board
APP
my Attorney
Mike Freeman, Chair
Sean P. C way, Pro-Tem
Cozad
a Kirkmever
Steve Moreno
Date of signature: ' i a 4I l
Cc.t Pctcry) 4
8'(3O/ Ifo
6/Lae
2016-2547
EG0073
MEMORANDUM
TO: Clerk to the Board DATE: August 1, 2016
FROM: Mike Bedell, Public Works Department
SUBJECT: Agenda Item
Railroad Crossing Renewal Agreement with Great Western Railway of Colorado, LLC (GWR) for
improvements to grade crossing on WCR 48.5 a WC- 1
•
GWR and Weld County are partnering to improve grade crossing.
M.\Francie\AGENDA memos\Agenda-Jay.doc
2016-2547
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR48.5 Railroad Crossing Replacement — GWR Construction Agreement
DEPARTMENT: PUBLIC WORKS DATE: 7/21/2016
PERSON(S) REQUESTING: Don Dunker (County Engineers Michael Bedell (Senior Engineer)
Brief description of the problem/issue:
An existing railroad crossing located near the intersection of WCR48.5 and WCR17 is in poor condition and the
County has received numerous complaints from citizens. Public Works is recommending partnering with Great
Western Railway of Colorado (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.
GWR is willing to complete the crossing replacement in 2016, and has submitted the associated Railroad
Crossing Renewal Agreement for County consideration. The Agreement entails the County reimbursing GWR
for the cost of materials estimated to be $33,518.00. Public Works has identified a funding source within an
existing 2016 budgeted account. CAO has reviewed the attached Agreement. After replacement of the crossing
is completed by GWR, a County crew would mill/overlay the asphalt approaches to the crossing.
Recommendation to the Board:
Public Works recommends the BOCC approve the attached Agreement with GWR. If recommended for
approval, Public Works will arrange for the Agreement to be added to the agenda for an upcoming BOCC
Meeting.
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
Julie A. Cozad
Barbara Kirkmeyer
Steve Moreno
Approve Schedule
Recommendation Work Session
Attachments: Railroad Crossing Renewal Agreement with GWR.
Photos" (2) of existing WCR48.5 GWR crossing.
Comments
RAILROAD CROSSING RENEWAL AGREEMENT
THIS RAILROAD CROSSING RENEWAL AGREEMENT ("Agreement") is made and
entered into this 8" day of /a,Dry,-k--- 2016, 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 48.5, U.S. DOT Crossing number 849356G, located at
Milepost 18.58 of GWR's Johnstown subdivsion, as depicted on the attached Exhibit A-1 which
is incorporated into this Agreement by this reference (collectively, the "WCR-48.5 Road
Crossing"); and
WHEREAS, the County has determined to fund the cost of materials for the GWR to
improve the WCR-48.5 Highway Crossings; and
WHEREAS, the GWR has determined to fund the cost of labor and equipment to
improve the WCR-48.5 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-48.5 Road Crossings 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 October 31, 2016.
2. Payment. The County will make payments to GWR in accordance with the
estimated costs of Materials ($33,518) 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%).
1
02o 16, - a. 976,)
• 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-48.5 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-48.5 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-48.5 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-48.5 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 July 8, 2016 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 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.
2
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, CFO
252 Clayton St., #4
Denver, CO 80206
Fax: (866) 759-3245
3
With copies to:
Great Western Railway of Colorado, L.L.C.
ATTN: Ken Rose, Director of Engineering & Environmental
252 Clayton St., #4
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 Agreement
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first written above.
COUNTY:
BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO
By:
ST:ditit,A/�•
Weld Count/ Cle to th
4
Mike Freeman, Chair AUG 0 8 2016
O2O/4, -,z5g16
GWR:
Officer
STATE OF COLORADO )
ss.
COUNTY OF NIMIEEF )
GREAT WESTERN RAILWAY
COLORADO, L.L.C., a Colgrad limite
liability company
By:
Hubert Gassner,
/Chief Financial
The fop�going Railroad Crossing Renewal A ment was acknowledged before me this
'day of f 2016, by Hubert Gassner, /Chief Financial Officer of Great
Western Railway off' Colorado, L.L.C., a Colorado limited Nab' compan
WITNESS my hand and official seal.
My commission expires:
SAN DR:y REMY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20084004056
MY COMMISSION EXPIRES FEBRUARY 6,2020
Notary Public
5
Exhibit A-2
I-
2'-6„
MIN.
.y _
•
TIES ARE ON 19 1/2" CENTERS
1 rn r -+ r n r -+ r -+ r -' r, r '' r -+ r, r,
I I 1 1 1 1 ( 1 II 1 1 ( I l I II II II I
L I 1 1 I I I 1 I I I I I I I I I I II I
11' I' I' I' I" I' I 1' I I E I T •
II
_I_J_I I_ I I I 1 I jI .LI-I-_l.l i Ia Lill
11 1 1 TIT -IT IT I I I I IC 1 1 1 1 1 1 1
1 (i II II II II I I 1 11 11 I I III
it1 1 1 I 1 1 1 1 L
•
4
1
(1 J 1 I T t l T 1 1 1 1 1 T 1 l t I r I t
It III II II II IIII 11 II II I
*J LI L J L J t. J LJ L J L J L J L J L J L
MINNIa
BIEVEMEJIMINESESIESIB s EICEJIMBI
NOTE: SEE STD DWG 0301 FOR DRAINAGE DETAILS
-_-4" MIN_ HOT MIX ASPHALT
(40
c C7
0
2 1/2" MIN,—'ir-
4'-8 1/2"
3" MEN.
,
"'ENGINEERING FABRIC
*CRUSHED ROCK
*ENGINEERING FABRIC OR 2" OF CRUSHED ROCK MUST BE
USED TO PREVENT HOT MIX ASPHALT FROM BONDING TO TIES
CROSS SECTION DETAIL
TYPICAL CLAMP
SEAL SECTION
ORDERING NOTE:
RUBBER RAIL SEAL CROSSING SECTIONS ARE TO BE
ORDERED BY' TRACK FEET' IN 8'4' INCREMENTS.
EACH 8'-0" INCREMENT WILL INCLUDE
F�(2) GAGE & (2) FIELD
SIDE RAIL HARDWARELCONNECTT((HE)SECTIONS TOGE TOGETHER.
TO
NOTES:
't)_ USE OF THIS STANDARD FOR NEW CONSTRUCTION IS LIMITED TO INDUSTRIAL LEAD
TRACKS AND SPUR TRACKS WHERE THE AVERAGE DAILY TRAFFIC VOLUME DOES
NOT EXdEED 500. USE ON MAIN ONES IS RESTRICTED TO TEMPORARY REPAIRS TO
EXISTING CROSSINGS SURFACES.
2) CROSSING SITE IS TO BE INSPECTED PRIOR TO START OF INSTALLATION TO
DETERMINE THAT PROPER DRAINAGE AND SURFACE SUPPORT IS PROVIDED, TRACK
GRADE IS UNIFORM.
3) FOR COMPLETE RENEWAL OF CROSSING & NEW CONSTRUCTION: TRACK STRUCTURE
INCLUDING RAIL, OTM, TIES, BALLAST. AND ROADBED MUST BE IN EXCELLENT
CONDITION. ALL TIES MUST BE 9 FT. LONG, SPACED AT 19112" CENTERS AND
EXTEND 5 TIES BEYOND END OF CROSSING, NEW T'X9"X9' TRACK TIES TO BE
INSTALLED IF NECESSARY. IF CONDITIONS WARRANT, SITE IS TO BE OVER -EXCAVATED
AND CROSSING DRAINAGE SYSTEM INSTALLED USING COMPACTED, WELL -GRADED
GRANULAR FILL; SUBBALLAST GEOTEXTILE, AND PERFORATED DRAINAGE PIPE (IF
REQUIRED) INSTALLED PER DETAILS OF THIS DRAWING. ADDITIONAL SITE DRAINAGE
INCLUDING PROPER DRAINAGE AT EACH QUADRANT OF CROSSING SHALL BE COMPLETED
TO ENSURE CROSSING DRAINAGE. SUBBALLAST SECTION TO BE A MINIMUM OF 4"
WHEN COMPLETE RENEWAL OF EXISTING CROSSING, FOR. NEW CONSTRUCTION,
SUBBALLAST SECTION TO BE IN ACCORDANCE WITH CONSTRUCTION DESIGN STANDARDS
OR AS REQUIRED BY STATE OR LOCAL AGENCIES. USE OF GEOTEXTILE AND DRAINAGE
PIPE TO BE ONLY AT LOCATIONS WHERE REQUIRED BY STATE OR LOCAL AGENCIES OR
WHERE SPECIFICALLY DESIGNATED BY CHIEF ENGINEER.
4) IN AU. INSTALLATIONS THE RAIL JOINTS SHOULD FALL OUTSIDE THE CROSSING
AREA A MINIMUM OF 15 FEET FROM THE END OF THE CROSSING.
USE OF CLAMPS ARE REQUIRED IN EACH TIE CRIB WITHIN THE LIMITS OF THE
CROSSING. CLAMPS MUST BE ATTACHED PRIOR TO PLACEMENT OF ASPHALTIC
CONCRETE (SEE SECTION DETAILS).
6) HOT MIX ASPHALTIC CONCRETE MUST COMPLY WTH STATE D.O.T. SPECIFICATIONS
AND BE PLACED IN 2 INCHES MINIMUM & 4 INCHES MAXIMUM LIFTS. CARE MUST BE
TAKEN DURING COMPACTION OF ASPHALT TO PREVENT DAMAGE TO HOLD DOWN CLAMPS
OR RUBBER. ASPHALT SHOULD BE ROLLED PARALLEL TO THE RAIL UNTIL THE FINAL
LIFT AND COMPACTION. FINAL LIFT OF ASPHALT IS TO BE LEVEL WTH THE TOP OF
RAIL FOR 30 INCHES FROM THE FIELD SIDE OF THE RAIL.
7) SLOPE EDGE OF PAVING TO RETURN TO ORIGINAL EDGE OF PAVING ALIGNMENT.
LENGTH OF TRANSITION WILL DEPEND ON LOCAL CONDITIONS.
8) AT THE TIE-IN POINT WITH THE EXISTING PAVEMENT, THE OLD PAVEMENT MUST
BE CUT DOWN A MINIMUM T TO ELIMINATE A FEATHER EDGE ON THE NEW PAVEMENT.
9) USE STATE D.O.T. SPECIFICATION FOR THE ASPHALT SPRAY TACK COAT.
10) ENVIRONMENTAL RULES OF THE GOVERNMENT BODY HAVING AUTHORITY WILL BE
FOLLOWED WHEN DISPOSING OF THE PAVEMENT REMOVED FROM THE CROSSING.
11) MATERIAL USED ON GAGE SIDE RAIL SEAL SHALL HAVE AN ELECTRICAL
RESISTANCE OF A MINIMUM OF 10 MEGOHMS AT 500 VOLTS DC.
12) REPORT CROSSING GATE MALFUNCTIONS TO 24 HR UPRR CROSSING HOT LINE AT
1-800-8484716.
13) ALL EXCEPTIONS TO THIS PLAN MUST BE APPROVED BY THE CHIEF ENGINEER.
132-141 LB. 540-1290
UNION PACIFIC RAILROAD
ENGINEERING STANDARDS
LIGHT DUTY ROAD CROSSING
ASPHALT WITH
RUBBER SEAL SECTIONS
ADOPTED: FEB. 3, 2001
REVISED: DEC. 17, 2001
FILE NO.: 0302A
STD DWG
0302A
Copyright *2001 by Union Psdflc Railroad
Railroad:
Project:
Subdivision:
Start Date:
LABOR
Exhibit A-2
Great Western Railway of Colorado
Weld County Road 48.5, U.S. DOT#849356G
Johnstown Subdivision, M.P. #18.58
August 1, 2016
Detailed Cost Estimates
Employee
I Quantity
SIT Rate
O/T Rate
Total Reg
Total O.T
Cost
Roadmaster
1
$ 51.38
$ 77.06
16
0
$ 822.00
Foreman
0
$
-
$ -
0
0
$ -
Laborer
0
$
-
$ -
0
0
$ -
Total Labor
$ 822.00
THER COSTS / MATERIAL
Contract Services Labor
Unit Costs
Quantity
I
Cost
Remove & Replace Crossing
$ 4,300.00
5
day
$ 21,500.00
$ -
0
$ -
$ -
0
$ -
Total Contract Services
$ 21,500.00
Materials
Unit Costs
Quantity
Rail, 115#, Relay, #1
$ 23.00
312
lineal Feet
$ 7,176.00
Tie Plates, 115#, Relay
$ 12.00
202
each
$ 2,424.00
Weld Kit, Field, 115# Rail
$ 250.00
0
each
$ -
Cross Ties, New, 7" x 9" x 9'
$ 85.00
24
each
$ 2,040.00
Cross Ties, New, 7" x 9" x 8'6"
$ 65.00
110
each
$ 7,150.00
Spikes, 5/8" x 6", Prime
$ 75.00
5
keg, 100#
$ 375.00
Ballast, AREA # 4
$ 28.00
300
ton
$ 8,400.00
Sub -Ballast, CA -6
$ 23.00
50
ton
$ 1,150.00
Rail Anchors, 115
$ 2.50
184
each
$ 460.00
Compromise Joint, 115/90 #
$ 350.00
4
pair
$ 1,400.00
Rubber Rail Seal
$ 35.00
24
track feet
$ 840.00
Track Bolts, 1" x 6"
$ 3.50
16
each, inc nut & washer
$ 56.00
Track Bolts, 7/8" x 6"
$ 3.25
16
each, inc nut & washer
$ 52.00
Heavy Wall PVC Pipe, 6" Diameter
$ 3.00
60
lineal Feet
$ 180.00
Cross Bucks, Hi Relectorazation
$ 450.00
2
pair
$ 900.00
Cross Buck Poles, 6" x 12" x 16'
$ 45.00
2
each
$ 90.00
Hot Mix Asphalt
$ 55.00
15
ton
$ 825.00
Total Materials
$ 33,518.00
Equipment Expense
Tamper/ Ballast Regulator
0
I Unit Costs I Quantity
$ 320.00
2.5
0
0
0
800.00
Total Equipment
800.00
Subtotal
$ 56,640.00
GST
$ -
Sales Tax
$ 2,266.00
TOTAL
$ 58,906.00
Hello