HomeMy WebLinkAbout6232RESOLUTION NO. 6232
A RESOLUTION APPROVING AND AUTHORIZING A
CONTRACT WITH THE STATE DEPARTMENT OF HIGH-
WAYS, DIVISION OF HIGHWAYS, FOR THE
INSTALLATION OF SIGNAL DEVICES AT THE
INTERSECTION OF FORTIETH STREET AND THE
DENVER AND RIO GRANDE WESTERN RAILROAD
(D &RGW)
WHEREAS, the City Council of the City of Pueblo believes
that consideration of public safety and welfare requires the
installation of lights and gates on Fortieth Street at the
crossing of the D &RGW Railroad in Pueblo, Colorado; and
WHEREAS, authority exists in the Law and Funds have been
budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for
payment in Fund Number 2001, G/L Account Number 52046, Contract
Encumbrance Number 88157; and
WHEREAS, required approval, clearance and coordination
has been accomplished from and with appropriate agencies; and
WHEREAS, this Contract is executed by the State under
authority of Sections 43 -1 -106 and 43 -2 -144, C.R.S. as amended,
and by the Local Agency, pursuant to an appropriate ordinance or
resolution duly passed and adopted by the Local Agency, a copy of
which is attached hereto and hereby made a part hereof; and
WHEREAS, pursuant to the Surface Transportation and
Uniform Assistance Act of 1987, specifically Section 130 of Title
23, and the regulations promulgated thereunder, certain federal
funds have been and will in the future be made available for the
elimination of hazards at certain highway /railroad grade crossings
on roads other than those on any Federal -aid System, by the
installation of warning devices, and such projects being
hereinafter referred to as the (RRO) Program; and
WHEREAS, the cost of this selected RRO project will be
borne by the Federal Highway Administration (FHWA) and the Local
Agency at the rate of 90% ($83,823.00) and 10% ($11,177.00)
respectively, up to the allocated FHWA share, all without costs to
the State; and
WHEREAS, the Local Agency has initiated this off - system
RRO program project numbered RRO 0020(17) by submittal to the
State of a completed CDOH Form No. 463, and the Local Agency shall
perform or have performed the RRO project work as provided herein;
and
WHEREAS, the project is not located on the state highway
system, but is under the legal jurisdiction of the Local Agency;
and
WHEREAS, it is in the public interest that the project
work be performed by railroad company forces and Local Agency
forces, on a force account basis; and
WHEREAS, it is anticipated that the Local Agency will
enter into an agreement with the railroad; and
WHEREAS, the Local Agency is adequately staffed and
suitably equipped to undertake and satisfactorily complete the
work, and can more advantageously perform the work than the State;
and
WHEREAS, this project was selected from a priority
listing developed by State, railroad and local government.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PUEBLO, that:
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SECTION 1:
The President of the City Council is hereby authorized
to execute and enter into the Agreement with the Colorado State
Department of Highways, providing for the installation of lights
and gates on Fortieth Street at the crossing of the D &RGW Railroad
in Pueblo, Colorado, project RRO 0020(17).
Introduced July 11 , 1988
By SAMUEL CORSENTINO
Councilman
APPROVED:
vice— re i o e i ounci
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,0OH83 -z)
1120V RRO 0020(17)
40th St., Pueblo
(D & RGW)
CONTRACT'WITH THE CITY OF PUEBLO
FOR UPGRADING HIGHWAY /RAILROAD GRADE CROSSING WARNING DEVICES
UNDER FEDERAL SECTION 130 PROGRAM
THIS CONTRACT, made this 23/7, / day of 19 by
and between the STATE OF COLORADO for the use 'and benefit of the STATE
DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, hereinafter referred to
as the State, and the CITY OF PUEBLO, COLORADO, hereinafter referred
to as the Local Agency,
WHEREAS, authority exists in the Law and Funds have been budgeted,
appropriated and otherwise made available and a suffidient
unencumbered balance thereof remains available for payment in Fund
Number 2001, G/L Account Number 52046, Contract Encumbrance Number
88157; and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, this Contract is executed by the State under authority of
Sections 43 -1 -106 and 43 -2 -144, C.R.S. as amended, and by the Local
Agency, pursuant to an appropriate ordinance or resolution duly passed
and adopted by the Local Agency, ,a copy of which is attached hereto
and hereby made a part hereof and
WHEREAS, pursuant to the Surface Transportation and Uniform
Assistance Act of 1987, specifically Section 130 of Title 23, and the
regulations promulgated thereunder, certain federal funds have been
and will in the future be made available for the elimination of
hazards at certain highway /railroad grade crossings on roads other
than those on any Federal -aid System, by the installation of warning
devices, such projects .being hereinafter referred to as the (RRO)
Program; and
WHEREAS, the costs of the selected RRO projects will be borne by
the Federal Highway Administration (FHWA) and the Local Agency at the
rate of 90% and 10% respectively, up to the allocated FHWA share, all
without cost to the State; and
WHEREAS, the Local Agency has = _nitiated this off - system RRO
program project numbered RRO 0020(17) by submittal to the State of a
completed CDOH Form No. 463, and the Local Agency shall perform or
have performed the RRO project work as provided herein; and
WHEREAS, the project is not located on the state highway system,
but is under the legal jurisdiction of the Local Agency; and
WHEREAS, it is in the public interest that the project work be
performed by railroad company forces and Local Agency forces, on a
force account basis; and
WHEREAS, it is anticipated that the Local Agency will enter ir..to
an agreement with the railroad; and
WHEREAS, the Local Agency is adequately staffed and suitably
equipped to undertake and satisfactorily complete the work, and can
more advantageously perform the work than the State.
WHEREAS, this project was selected from a priority listing
developed by State, railroad and local government.
NOW, THEREFORE, it is hereby agreed that:
ARTICLE I
GENERAL PROVISIONS
SECTION 1. DEFINITIONS
FHPM 6 -6 -2 -1 = Federal -Aid Highway Program Manual,
Volume 6, Chapter 6, Section 2,
Subsection 1
MUTCD = The Manual on Uniform Traffic Control
Devices for Streets and Highways
SECTION 2. REFERENCE DOCUMENTS
The following are made a part of this Contract by reference the
same as if attached hereto, including any supplements or amendments
thereto effective prior to date of this Contract:
FHPM
1 -4 -3
Dated
April 25, 1975
FHPM
1 -7 -2
Dated
January 21, 1980
FHPM
6 -4 -1 -6
Dated
Sept. 10, 1976
FHPM
6 -6 -2 -1
Dated
April 24, 1984
FHPM
8 -2 -3
Dated
March 5, 1979
MUTCD
Dated
1978
ARTICLE II
COMMITMENTS
ON THE PART OF
THE LOCAL AGENCY
SECTION 1. RAILROAD /LOCAL AGENCY AGREEMENT
A. The provisions of FHPM 6- 6 -2 -1, pertaining to state - railroad
agreements, shall apply equally to any railroad /Local Agency
agreement.
B. The railroad /Local Agency agreement shall include, but not be
limited to, the following:
1. Establishing what is to be accomplished and,the
location(s) thereof, and that the cost of the
improvement shall be Erom RRO project funds consisting
of Local Agency and Federal funds as aforesaid.
2. The Railroads detailed estimate of the cost of their
work and materials.
3. Establishing future maintenance responsibilities for the
proposed installation.
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4. Prescribing future use or dispositions of the proposed
improvements in the event of abandonment or elimination
of the grade crossing.
5. Establishing future repair and /or replacement
responsibilities in the event of accidental destruction
or damage to the installation.
SEC'T'ION 2. LOCAL AGENCY OBLIGATION
A. The Local Agency shall perform or have performed and shall be
responsible for all the RRO project work on this project
identified as project No. RRO 0020(17), located at the
crossing of 40th Street and The Denver and Rio Grande Western
Railroad. Such project work consists generally of installing
crossing warning devices at National Crossing No. 253 -137T
and is more fully described in CDOH Form No. 463 submitted by
the Local Agency to the State and in the Local
Agency /Railroad Company agreement. The project work and
resulting improvements shall conform to the description,
terms and conditions of CDOH Form No. 463 submitted by the
Local Agency and the Local Agency /Railroad Company agreement,
as may be modified by prior agreement with the State and
FHWA. The CDOH Form No. 463 submitted by the Local Agency
and the Local Agency /Railroad Company agreement shall be part
of this contract by this reference, except to the extent not
consistent herewith.
B. The Local Agency shall provide, to the State's District
representative, a copy of the Railroad /Local Agency Agreement
including the Railroad's Force Account Estimate for the
State's use in securing required FHWA approvals. The Local
Agency shall notify the State, 10 days in advance, of the
time the railroad expects to begin the actual installation of
the proposed improvements hereunder.
C. All work contemplated hereunder shall have prior approval of
the FHWA, and the Local Agency shall, during all phases of
the work, permit duly authorized agents and employees of the
State and the FHWA to inspect the project and to inspect,
review and audit the project records.
The Local Agency further agrees to maintain all books,
documents, papers, accounting records and other evidence
pertaining to costs incurred and to make such materials
available at all reasonable times during the construction of
the project and for 3 years from the date of final payment
for inspection. Copies of such records shall be furnished by
the Local Agency if requested.
D. The Local Agency shall make application to the Public
Utilities Commission requesting its order providing for the
installation of the proposed improvements. The performance
of work under the Railroad /Local Agency Agreement shall be
contingent upon the Commission's order.
E. The Local Agency shall be responsible for monitoring the work
accomplished with Railroad Company forces and for the
correctness of billings submitted by the Railroad Company.
After approval by the Local Agency such billings shall then
be submitted to the State's District representative for
processing.
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F. The Local Agency shall be responsible for obtaining proper
clearance or approval from utility companies which may become
involved in the project, by formal agreement if necessary.
G. The Local Agency agrees to provide written certification to
the State that the proposed project will be constructed on
existing right of way or that if right of way is acquired for
the completion of the project that acquisition was made in
accordance with FHWA and State regulations.
H. The Local Agency shall inure that in connection with the
performance of the Local agency's work under this Contract,
whether by or at its direction, there will not be any
discrimination against any employee, or applicant for
employment, because of race, religion, color, sex, or
national origin. This provision will be in compliance with
the pertinent sections of the Federal Nondiscrimination
Requirements for work financed under Federal -Aid funds, a
copy of which is attached hereto.
ARTICLE III
COMMITMENTS ON THE PART OF THE STATE
SECTION 1 . The State shall administer the specified funds as
appropriated and budgeted for accomplishing the improvement work on
RRO projects.
SECTION 2 . The State shall, at the request of the Local Agency,
provide such assistance as may be agreed upon. The cost of any
assistance and supporting services provided by the State shall be paid
from project funds.
SECTION 3 . The State's District Engineer, District 2, 905 Erie
Avenue, Pueblo, CO 81002 will be responsible for coordinating the
work under this agreement on the part of the State.
ARTICLE IV
ADDITIONAL PROVISIONS
1. The total cost of the work is estimated to be $95,000, which
is to be funded as follows:
a. Federal participating funds
(90% of $93,137)
b. Local Agency share:
1) Local Agency participating funds
(10% of $93,137)
2) Local Agency non - participating
funds for indirect costs
SUBTOTAL - LOCAL AGENCY FUNDS
TOTAL FUNDS
$83,823
$9,314
$1,863
$11,177
$95,000
In the event total project costs exceed the total funds, such
excess costs shall be borne by the Local Agency if additional Federal
funds are not available. In the event project costs underrun the
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, estimated total funds, the Federal portion of such underrun shall be
reallocated within the framework of the Statewide RRO Program as
mutually agreed upon by the State and the FHWA.
2. Upon completion of the construction work to be performed under
this Contract and acceptance thereof by the State, FHWA, and the Local
Agency, the State will submit to the Local Agency, a final
recapitulation of Project costs.
3. This Contract is contingent upon all funds being made
available from Federal and Local Agency sources. Should these sources
fail to provide the necessary funds this contract may be terminated by
either the State or Local Agency, upon notice in writing given 30 days
prior to the date of termination. Each such party terminating its
interest and obligations herein shall not be relieved of any financial
obligations existing prior to the effective date of such termination
or which may occur as a result of such termination.
4. Construction work performed by or under the supervision of the
Local Agency shall have prior approval of the FHWA, and will be
subject to inspection at all times by the State and the FHWA.
5. This Contract shall not be assignable without the written
consent of the parties hereto.
6. Except as provided in Article II, Section 2, Paragraph B, this
contract shall terminate on the date the final project payment is made.
7. Upon execution of this contract the State is authorized, in
its discretion, to perform any necessary administrative support
services pursuant to this contract. These services may be performed
prior to and in preparation for any conditions or requirements of this
contract, including prior FHWA approval of project work. The Local
Agency understands and agrees that the State may perform such
services, and that payment for such services shall be at no cost to
the State but shall be as provided herein. At the request of the
Local Agency, the State shall also provide other assistance pursuant
to this contract as may be agreed in writing. In the event that
federal aid project funds remain available for payment, the Local
Agency understands and agrees the costs of any such services and
assistance shall be paid to the State from project funds at the
applicable rate. However, in the event that such funding is not made
available or is withdrawn for this contract, or if the Local Agency
terminates this contract prior to project approval or completion for
any reason, then all actual incurred costs of such services and
assistance provided by the State shall be the sole expense of the
Local Agency. The Local Agency shall pay the State for all such costs
within 30 days of receipt of written notice from the State requesting
same.
8. The attached Special Provisions are
Contract. For the purpose of interpretation
Provisions, the Local Agency shall be known
hereby made a part of this
of said Special
as the contractor.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract
on the day first above written.
ATTEST:
/ 'r
APPROVED:
State Controller
By
JAMf. A. 5 _ UUP
STATE OF COLORADO
ROY ROMER, GOVERNOR
L0
Executive Director
DEPARTMENT OF HIGHWAYS
DUANE WOODARD
Attorney General
By . &-'�
BARRY B. RY N
Assistant ttorney General
Natural Resources Section
CITY OF PUEBLO, COLORADO
AT'T'EST:
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