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HomeMy WebLinkAbout25-058.00RailProsFloraParkCrossCountryCIP#03612/25/2025 #25-058 Sarah DeFord City of Spokane Valley 509-720-SO69 accountspayable@spokanevalleywa.gov Subject: Quote for Contractor In Charge Services Dear Ms. DeFord, Thank you for contacting RailPros to provide a qualified Contractor in Charge. RailPros provides associates with extensive railroad experience, all qualified in GCOR, Maintenance -of -Way, and On -track safety. All our Contractors in Charge are dedicated to safety on the jobsite and have an acute understanding of railroad rules. RailPros charges a daily rate which includes an 8-hour on -site workday, mobilization, and Per Diem costs. Our services are billed for the Contractor in Charge's (CIC's) time on site, to include any time setting up and taking down track protection, if applicable. Any time beyond the CIC's 8 hours will be charged at an hourly overtime rate. The rates for our services are as follows for work performed on, over or under Union Pacific ROW: One Time Administrative Fee: Certified payroll set-up fee $300.00 Weekly Administrative Fee: Certified payroll reports $150.00 StandardWorkday: Standard 8-hour day $1,200.00 Overtime rate per hour after 8 hours $150.00 Holidays:Nights, Weekends, and Standard 8-hour day $1,550.00 Overtime rate per hour after 8 hours $195.00 In the event of cancellation, if RailPros Management is given less than 24 hours' notice, it is considered a billable day. Cancellations must be made in writing to UP.Info@RailPres.ccr­_ This quote is based on RailPros understanding of prevailing wage requirements in Spokane County, WA. Invoices are submitted upon completion of the job or at month's end. On -going jobs are billed on a monthly basis. Payments of invoices are due upon receipt. Invoices are subject to a 1.5% fee for every 30 days the payment is delinquent. Please contact RailPros at 877-315-0513 or UP.Info@railpros.com for more information. The quoted rates are valid for 30 days and Is subject to the Services Agreement (SA). RailPros (SOW) Scope of Work RailPros agrees to provide flagging and other staff support services to client or its contractors (the "Services") at the dates, locations and times requested by client. The Services will be provided pursuant to the terms and conditions in the Agreement. RailPros will require employees and any subcontractors and agents involved in the providing such Services to comply with the applicable terms of this Agreement in providing such Services. RailPros warrants that (i) Services will be provided in a workmanlike manner, (ii) RailPros Personnel will have the requisite experience, skills, knowledge, training and education to perform Services in a professional manner and in accordance with this Agreement. The Services will be provided in compliance with all governmental laws, regulations, and rules, and in accordance with Maintenance of Way and Signal Department On - Track -Safety Roadway Worker Rules and the Company's Operating Rules. A Scope of Services/Service Quote shall be prepared for each site at which the Services are to be performed, and it shall become apart of this Agreement when authorized in writing by each party's authorized representative. The Scope of Services will set forth, at a minimum, the cost, location, dates, times and expected number of personnel required for each job site. Page 1 of 4 5605 N. MacArthur Blvd, Suite 650 Irving, TX 75038 Initial - J1 P: (877) 315 — OS13 Option 1 www.railpros .corn RailPros Field Services, Inc. SERVICES AGREEMENT This Services Agreement ("Agreement") is entered into by and between RailPros Field Services, Inc. ("RailPros") and the entity or individual ("Customer") described in the Scope of Work/Customer Information Request. The SOW is expressly incorporated herein by reference for all purposes. The SOW also provides RailPros' charges for services requested. This Agreement shall become effective upon the earlier of the Customer's executing this agreement or RailPros' reasonably undertaking to perform services requested by the Customer (the "Effective Date"). WHEREAS Customer desires to retain RailPros to provide certain services described and set forth in further detail in the SOW (the "Services"); and WHEREAS, RailPros has the capability and capacity to provide the Services and —subject to the terms and conditions set forth herein —is willing to perform such Services; and In consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, RailPros and Customer (hereinafter, collectively, the "Parties," or each, individually, a "Party") agree as follows: 1. RailPros shall provide Services to the Customer: (1) in accordance with the terms of this Agreement; (2) within any parameters set forth in the SOW; and (3) to the reasonable satisfaction of the Customer. In turn, the Customer shall pay RailPros for its services at the applicable daily rate(s) set forth in the SOW. 2. RailPros shall periodically provide Customer with invoices that set forth the value of the Services provided to Customer during a defined period of time (collectively, the "Invoices"; individually, an "Invoice"). Invoiced amounts are due and payable within thirty (30) days of the date included on an Invoice, and Customer shall remit payment to RailPros at 5605 N MacArthur Blvd, Suite 650, Irving, Dallas County, TX 75038. In the event Customer fails to timely remit payment to RailPros as required in this Section 2, RailPros may elect to immediately cease providing Services to Customer —without providing any advance notice to Customer— until Customer remits payment for all amounts owed by Customer for Services. Customer expressly agrees and acknowledges that it shall neither assert nor seek to enforce any claim for damages or penalties arising from RailPros' ceasing performance under this Section 2. RailPros' right to cease providing Services based on nonpayment and/or untimely payment is independent of any right(s) set forth in Section 5 of this Agreement. 3. In the event that Customer contests any charge(s) included on an Invoice and/or asserts that any Services described in an Invoice were deficient, Customer shall submit a written complaint to RailPros (a "Complaint") within fifteen (15) business days of its receipt of the challenged Invoice. A Complaint must set forth (in detail): (1) the Services and/or Invoice entries that Customer is contesting; (2) the basis for Customer's Complaint; and (3) Customer's desired solution. Failure to timely submit a Complaint shall constitute a waiver of any grievances related to the subject Invoice and shall further be construed as an unequivocal agreement to pay all amounts described therein. 4. Customer may terminate this Contract, in whole or in part, at any time without cause, and without liability except for required payment for services rendered by providing at least twenty-four (24) hours written notice to RailPros. Failure to provide timely notice under this provision shall obligate Customer to pay RailPros for one (1) additional days' worth of Services at the applicable daily rate(s) set forth in the SOW. 5. RailPros may terminate this Agreement without liability, effective upon providing notice to Customer, if Customer: (1) materially breaches a provision of this Contract and fails to cure its breach within fifteen (15) days after receipt of written Page 2 of 4 5605 N. MacArthur Blvd, Suite 650 Irving, TX 75038 Initial- A44 P: (877) 315 — 0513 Option i www.raiIpros.com notice of its breach, or (2) becomes insolvent or admits and/or demonstrates its inability or unwillingness to pay its debts as they become due. 6. This Agreement shall commence as of the Effective Date and shall continue thereafter until the Services described in the SOW are completed or the Contract is terminated. 7. This Agreement benefits solely the Parties hereto and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, confers on any third party any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 8. This Agreement may not be altered, amended, modified, or otherwise changed, except by a writing duly executed by theParties hereto. 9. This Agreement constitutes the final and entire agreement between the Parties, and this Agreement supersedes all prior understandings and agreements, if any, among or between the Parties. 10. The failure of any Party to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision, nor in any way affect the validity of this Contract or any part thereof or the right of any person thereafter to enforce each provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other breach. 11. This Agreement shall be Interpreted and construed under the laws of the State of Texas, and venue for all suits arising out of or relating to this Contract shall be brought exclusively in a Texas state district or county court sitting in Tarrant County, Texas. 12. All invoices, requests, communications, and notices required to be sent to Customer shall be delivered to the address(es) and/or email address(es) set forth in the SOW. All Complaints, requests, communications, and notices required to be sent to RailPros shall be sent to RailPros at 5605 N. MacArthur Blvd, Suite 650, Irving, Dallas County, TX 75038, Attention: Daniel Carter. Anynotice of termination and/or cancelation shall be sent to RailPros at Daniel.CarterPRailPros.com. 13. Neither of the Parties shall be liable for any delays or failures in performance due to acts of God, strikes, lockouts, labor restrictions by governmental authority, civil riots, war and acts of terrorism. 14. In the event of any subsequent litigation involving the interpretation or enforcement of this Contract, the prevailing Party shall recover against the non -prevailing Party all its costs and reasonable attorneys' fees incurred in connection with the lawsuit. 15. In connection with RailPros' providing the Services, RailPros agrees to obtain the following insurance policies: (1) a Commercial General Liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate (the "CGL Policy") and (2) a Commercial Automobile Liability policy with limits of not less than $1,000,000 (collectively, the "Policies"). The Policies shall include Customer as additional insureds (collectively, the "Additional Insureds"). Coverage for the Additional Insureds shall be primary and non-contributory to any other insurance maintained by Customer. Coverage for Additional Insureds under the CGL Policy shall be set forth via an ISO endorsement form CG 20 26 07 04 (or equivalent endorsement), unless otherwise limited by applicable law. The Policies shall include a Waiver of Subrogation in favor of Customer. RailPros agrees to provide Customer with Certificate(s) of Insurance that verify the foregoing. In addition, RailPros agrees to maintain Workers' Compensation insurance (the "WC Policy") with limits established by statue in the state where the Services will be provided. All RailPros employees providing Services shall be covered under the WC Policy, including employees who are sole proprietors, members, or partners, whether or not required by applicable law. The WC Policy shall also include a Waiver of Subrogation in favor of Customer. 16. RailPros and Customer each agree to indemnify, defend, and hold the other harmless from any third- party claims, costs, liabilities, judgments, expenses, or damages (including reasonable attorneys' fees and other costs of suit) alleged to arise from the indemnifying party's sole negligence in performing their respective obligations under this Agreement. Page 3 of 4 5605 N. MacArthur Blvd, Suite 650 Irving, TX 75038 Initial - J� P: (877) 315 — 0513 Option 1 www.raiIpros.com Thank you, RailPros RYAN MCCARTY Project Coordinator - Flagging (877) 315-0513 Option 1 M 9A• � b5 S+a � � vs f By my signature, I acknowledge that I have read, understand, and agree to the terms in the quote and service agreement Client Company Representat' a (Print Name/Sign) C T `/ Title 7 — i z- — 2? Date If you have any questions regarding this quote and/or service agreement, or would like further information, please feel free to contact RaiiPros. RallPros offers a full suite of right of way services Including permitting, utility Inspections, railroad engineering services and customizable training. To learn more, visit www.railpros.com Page 4 of 4 5605 N. MacArthur Blvd, Suite 650 Irving, TX 75038 P: (877) 315 — 0513 Option 1 www.raiIpros.com A`� oCERTIFICATE OF LIABILITY INSURANCE DATE(20120IYYYY) 02/20/20® 25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(tes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: T Gina Hunter The Partners Group LLC PHDEo Ert :(877) 4555640 PAX 4.6727 A1AC () 55 No E-MAIL SS: ghunter@tpgrp.com ADDRE 1111 Lake Washington Blvd N. INSURERS) AFFORDING COVERAGE NAIC 0 Suite 400 INSURERA : Western National Mutual Insurance Co 15377 Renton WA 98056 INSURED INSURER B : INSURERC: Copenhaver Con struction Inc INSURER D : DBA: Moyer Construction INSURER E : 22393 State Route 2 East INSURER F Creston WA 99117 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVa1THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO mICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, SR L7R TYPE OF INSURANCE ADULIbUtShl INSD WVD POLICY NUMBER P ICYEFF MMIDD POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABfLITY EACH OCCURRENCE $ 1,000,000 CLAIM&N1ACE Fx] OCCUR PREMISES Ea ociunence $ 50,000 htED EXP (Any one person) S 5,000 PERSONAL&ADVINJURY S 1,000,000 A Y Y CPPI34515900 06/18/2024 06/1812025 GEN'LAGGREGATE LIMITAPPOES PER: GENERAL AGGREGATE $ 2,040,000 POLICY ❑X PET LOC PRODUCTS - COI PIOPAGG S 2,000,400 s OTHER, AUTOMOBILE LIABILITY COI.IBINEOnt SINGLE LIMIT Ea accide S 1,000,000 BODILY INJURY(Per person)AOWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON-CIANED AUTOS ONLY AUTOSONLY P CPP134371300 06/18/2024 06/18/2025 IANYAUTO BODILYINJURY(Per acc+dent) S PROPERTY DAMAGE (Per aoddent 5 I X UM BRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 A EXCESS LIAB CLAIIAS-MADE UMB105734900 06/18/2024 06/18/2025 DED I X1 RETENTION $ 10,000 s A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETO"ARTNERJEXECUTIVE OFFICER1.IEMSER EXCLUD£D9 ❑ (Mandatory In NH) NIA CPP134515900 06l18/2024 08/18/2025 PER DTH- STATUTE X ER WA STOP GAP E_L EACH ACCIDENT S 1,000,000 EL DISEASE - EA E}APLOYEE $ 1,000,040 If yes, descnbe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POJCY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Project No. 0801026, Project Name: Spokane Valley XC Course Project, Union Pacific Raitroad Company, Walker Construction, Inc., City of Spokane Valley, Consolidated Irrigation District are Additional Insureds per attached forms: Commercial General Liability Enhancement Endorsement CG MU 0009 06 22, Commercial Liability Umbrella Schedule of Underlying Insurance WN CU 02 07 07, Washington Common Policy Conditions IL 0146 08 10. FICAIL HULULK Union Pacific Railroad Company 1400 Douglas Street, MS 1690 Omaha SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE NE 68179-1690'—^ © 4988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Hudson Insurance Company A Stock Company H u DsoN 100 William Street, 5th Floor t,v�uttANcr. cttcwr New York, NY 10038 1-866-246-9945 POLICY CERTIFICATE RAILROAD PROTECTIVE LIABILITY THIS POLICY CERTIFICATE IS ISSUED UNDER MASTER POLICY NUMBER RRP202101 ISSUED TO RAILROAD PROTECTIVE INSURANCE GROUP A voluntary membership organization whose principal office is: 4323 Warren Street, NW, Washington, D.C. 20016-2437 Policy Certificate Number: RRP018494916736 Named Insured: Union Pacific Railroad Mailing Address: 1400 Douglas Street MS 1690 Omaha, NE 68179 Policy Period: From: 04/01/2025 12:01 AM To: 05/31/2025 12:01 AM Standard Time at the mailing address shown above Producer Name: Alliant Insurance Services Producer Address: 565 East Swedesford Road Suite 100 Wayne, PA 19087 Program Administrator: 123ocp / Alliant Insurance Services Program Administrator Address: 565 East Swedesford Road, Ste 100 Wayne, PA 19087 Designated Contractor: Copenhaver Construction, Inc. Designated Contractor Address: 22393 SR 2 E Spokane, WA 99117 Contract Number Or Name: City of Spokane Valley Cross Course "Work" Performed For: -- City of Spokane Valley (10210 E Sprague Ave Spokane Valley, WA 99206) "Job Location": 47.6827241,-117.175114 M.P. 11.99 Description Of "Work" p Underground work -Pipe Ram bore under 2 track fines approximately 120' with a 30" steel cas'ng and an 8" Ducble Iron Domestic Water Carrier Pipe Total Contract Cost: $1,379,311 Contract Cost Within 50 Feet: $345,841 Territory: United States of America Limits Of Liability: $2,000,000 per occurrence $6,000,000 annual aggregate State Tax (if applicable) Premium: $1,480.00 Audit Period (if applicable): ❑ Annually ❑Semi -Annually ❑Quarterly ❑ Monthly HRRP-1400 (09-22) Includes copyrighted material of Insurance Page 1 of 2 Services Office, Inc., with its permission Forms Attached Form Number Form Title HRRP-1400 (09-22) Policy Certificate Railroad Protective Liability CG 00 35 (04-13) Railroad Protective Liaiblity Coverage Form CG 33 71 (03-05) Silica or Silica -Related Dust Exclusion CG 34 96 (05-23) Exclusion - Perfluoroalkyl and Polyfuoroalkyl Substances (PFAS) HRRP-2002 (01-22) Who Is An Insured Endorsement HRRP-2004 (02-24) Limits of Insurance - Extended Policy Period HRRP-3000 (03-24) Asbestos Exclusion HRRP-3001 (03-24) Exclusion Liability For Hazards of Lead HRRP-3002 (03-24) Fully Earned Premium Endorsement HRRP-3003-WA (03-24) Fungi, Virus, Or Bacterial Exclusion Endorsement - Washington HTER-0001 (01-21) Disclosure - Terrorism Risk Insurance Act CG 21 70 (01-15) Disclosure - Terrorism Risk Insurance Act CG 2176 (01-15) Exclusion of Punitive Damages Related to a Certified Act of Terrorism IL P 001 (01-04) OFAC Advisory Notice to Policyholders CG 28 54 (08-10) Washington Changes CG 29 64 (03-90) Washington Changes - Appraisal IL 01 98 (09-08) Nuclear Energy Liability Exclusion Endorsement (Broad Form) Authorized Representative 2/26/2025 Date Notices required to be given by the Named Insured under this policy shall be sent to: Attn: Claims Department, Hudson Insurance Company 100 William Street, 5th Floor; New York, N.Y. 10038 You may also call: 1-866-546-3981 or email: HudsonC]aims300@HudsonlnsGroup.com to report or discuss a claim. HRRP-1400 (09-22) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2