Loading...
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: -2- 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 -3- ,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. -2- 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. -3- 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 --4- , 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. -5- 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: Q j �,4 ' t� Title /rl Title P F- s ryfNT or- TttE CO UNC /G