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Home My WebLink About820998.tiff RESOLUTION RE: APPROVAL OF CONTRACT WITH STATE. DEPARTMENT OF HIGHWAYS FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING ON WELD COUNTY ROAD 44 AND AUTHORIZATION FOR CHAIRMAN TO SIGN SAME 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 Weld County Engineer' has submitted a contract between the State -Department of Highways and Weld County for up- grading highway/railroad .grade crossing on Weld County Road 44, • at Peckham, Colorado, said contract being attached hereto and incorporated herein by reference, and WHEREAS, the estimated total expenditure, including both Federal and County funds,iis. $110, 000. 00, and WHEREAS, the Board of- County Commissioners having studied said contract deems it advisable and in the best interests of Weld County to approve said contract. NOW, THEREFORE, BE IT RESOLVED by the. Board of County Com- missioners of Weld County, Colorado that the contract between the State Department of Highways and Weld County for upgrading highway/railroad -grade .crossing on Weld County Road 44, in Peckham, Colorado and an estimated total expenditure of $110, 000. 00 be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign same. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D. , 1982. U `J� 2l� BOARD OF COUNTY COMMISSIONERS ATTEST: L(�'�'� T WELD COUNTY, COLORADO Weld-County- Clerk and Recorder / �a and Clerk; to '•.the Bo rd John T.. Martin haiirrrman putt' County l rk Chuck Carlson, Pro-Tem APPROVED AS TO FORM: ' vy , . ( Norman Carlson • Cou ty Attorne� Kir y wir J K. Fteinmark C6 DATE PRESENTED: June 9, 1982 • .:RO 00 40(26) Weld Gods Rd. 44) Peckham SUP) 62- Do kt- 2R1 /I CONTRACT WITH THE COUNTY OF WELD !'Ooh- 33F FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING PROTECTION UNDER FEDERAL SECTION 203 PROGRAM THIS CONTRACT, made this -29/ day of ,.)2nee 19 5 —, 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-and- County) (City) (Tein) (County) of M49,k1 hereinafter referred to as the Contractor, 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 82210 • ; 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 . 1973, as amended, and by the Contractor, working through and under authority vested in its duly elected (County Commissioners) (City Council); and WHEREAS, pursuant to the Surface Transportation Assistance Act of 1978, specifically 23 U. S . C. Sec . 130 note, and the regulations pro- mulgated 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 protective 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 Contractor at the rate of 90% and 10% respectively, up to the allocated FHWA share, all without cost to the State; and WHEREAS, a priority listing of crossings recommending upgrading of existing protection devices has been developed by State, railroad and local government; and WHEREAS, the Contractor has initiated this off-system project numbered RRO 0040(26) from the approved priority listing, with the concurrence of the State and the FHWA; and WHEREAS, the project is not located on the state highway system, but is under the legal jurisdiction of the Contractor; and WHEREAS, it is in the public interest that the project work be performed by railroad company forces and Contractor forces, on a force account basis ; and WHEREAS, it is anticipated that the Contractor will enter into an agreement with the railroad; and WHEREAS, the Contractor is adequately staffed and suitably equipped to undertake and satisfactorily complete the work, and can more advantageously perform the work than the State. 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 amend- ments thereto dated prior to date of this Contract: FHPM 1-4-3 Dated April 25, 1975 FHPM 1-7-2 - Dated October 21, 1974 FHPM 6-4-1-6 Dated Sept. 10, 1976 FHPM 6-6-2-1 Dated April 25, 1975 • FHPM 8-2-3 Dated March 5, 1979 MUTCD Dated 1978 • ARTICLE II COMMITMENTS ON THE PART OF THE CONTRACTOR • SECTION. 1. RAILROAD/CONTRACTOR AGREEMENT • A. The provisions of FHPM 6-6-2-1, pertaining to - state-railroad agreements, shall apply equally to any railroad/contractor agreement. • • B. The railroad/contractor agreement shall include, but not be limited . to, the following: 1. Establishing what is to be accompli= _ shed and the location(s) thereof, and that the cost of the improvement shall be from RR0 project funds consisting of Contractor and Federal Funds as • aforesaid. 2. ' The Railroads detailed estimate of the cost of their work and materials. .3. Establishing future maintenance responsi- • bilities for the proposed installation. • 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 re- placement responsibilities in the event . of accidental destruction or damage to the installation. - SECTION 2. CONTRACTOR OBLIGATION • A. The Contractor shall provide, to" the State' s District • representative, a copy of the Railroad/Contractor Agreement including the Railroad's Force Account Estimate for the State' s use in securing required FHWA approvals . The Contractor shall notify the • State, 10 days in advance, of the time the railroad expects to begin the actual installation of the proposed improvements hereunder. -2- " • • B. All work contemplated hereunder shall have prior approval of the FHWA, and the Contractor 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 Contractor 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 rea- sonable 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 Contractor if requested. C. The Contractor 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/Contractor Agreement shall be contingent upon the Commission's order. • D. The Contractor 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 Con- tractor such billings shall then be submitted to the State's District representative for processing. E. The Contractor shall be responsible for obtaining proper clearance or approval from utility companies which may become involved in the project, by formal • Agreement if necessary. • F. The Contractor agrees to provide written certifi- cation 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 . G. The Contractor shall insure that in connection with the performance of the Contractor'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 Contractor, 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 4 , P0, Box 850, /420 End SI. ereele , Colorado 8063/ will be responsible for coordinating the work u'fider this agreement on the part of the State. -3- - - • ARTICLE IV ADDITIONAL PROVISIONS • 1. The estimated total expenditure, including both Federal and Contractor Funds is. $ I/O 000 . In the event total construction costs exceed the estimated total expenditure, such excess costs shall be borne by the Contractor if additional Federal funds. are - not available. In the event construction costs underrun the esti- mated total expenditure, the Federal portion of such underrun shall be re-allocated 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 Contractor, the State will submit to the Contractor, a final recapitulation of Project costs. 3. This Contract is contingent upon all funds being made available from Federal and Contractor sources. Should these sources fail to provide the necessary funds this contract may be terminated by either the. State or Contractor, 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 Contractor 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. The attached Special Provisions are hereby made a part of this Contract. • • • • -4- • C. J IN WITNESS WHEREOF, the parties hereto have caused the fore- going agreement to be executed the day and year first above written. STATE OF COLORADO RICHARD D. LAMM GOVERNOR STATE DEPARTMENT OF HIGHWAYS JACK KINSTLINGER EXECUTIVE DIRECTOR ATTEST: DIVISION OF HIGHWAYS • C Cef lerk By ' -‘)/1 ,E. SE Chief Engineer APPROVED: APPROVED: State Controller pp Attorne Ge ra • \\BY `,\ r-. J\ By JAMES A. STROUP ` a„„44.zitefrm COUNTY) OF WELD ) r ATTEST: COLORADO 5- 214\ G (COMMISSIONERS (COUNCIL "L? LfC) pia 2 A- it? -5- , April, 1980 Nondiscrimination Provisions : In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162 (a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows : A. Compliance with Regulations . The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (Title 49 , Code of Federal Regula- tions, Part 21, hereinafter referred to as the "Regulations") , which are herein incorporated by reference and made a part of this contract . B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not dis- criminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurements of materials and leases of equipment . The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21 . 5 of the Regulations , including employ- ment practices when the contract covers a program set forth in Appendix C of the Regulations . C. Solicitations for Subcontracts, Including Procure- ments of Materials and Equipment. In all solicita- tions either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractors ' obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. D. Information and Reports . The Contractor will pro- vide all information and reports required by the Regulations , or orders and instructions issued pursuant thereto , and will permit access to its books , records, accounts , other sources of informa- tion, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and in- structions . Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. E. Sanctions for Noncompliance. In the event of the Contractor 's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may deter- mine to be appropriate, including, but not limited to : (1) Withholding of payments to the Con- tractor under the contract until the Contractor complies, and/or; (2) Cancellation, termination or sus- pension of the contract, in whole or in part. F. Incorporation of Provisions. The Contractor will include the provisions of Paragraphs A through F in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations , orders , or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procure- ment as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State and, in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States . -2- I • f ~• • • Form 6-AC-02B t.,J SPECIAL PROVISIONS• CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than ten thousand dollars for the construction, erection. repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all , kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city,town,village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in 8-16-101, CRS 1973, as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status,religion,ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status,religion,ancestry,mental or physical handicap,or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations,and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules,regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or • discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed, color,sex,national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory. page / of 2 pages Form 6-AC-02C - • • ~• (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or• • with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in • whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs (I) through (8) in every sub-contract and sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding upon each sub-contractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in,or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State.of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.It,.S. 1973, as amended"and that no violation of such provisions is present. 9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above writte . STATE OF COLORADO RICHARD D. LAMM, GOVERNOR • By Contractor -_ _____- _— •5 EXECUTIVE DIRECTOR. DEPARTMENT Position OF Social Security Number or Employer I • APPROVALS ATI ORNEY GI.NERAI. __ CONTR LER By • Page 2 which is the last of &pages • STATE OF COLORADO DIVISION OF HIGHWAYS P.C. Box 850 RRO 0040(26) ig Greeley, Colorado 80832-0850 WCR 44 (303)353-1232 � 8s Peckham (UPRR) '••OFCOPo-.' DOH FILE 43100 4 weft , 4441 July 12, 1982 U4 1 4982 tittikttitztliza Mr. Drew Scheltinga Weld County Engineer P. O. Box 758 Greeley, CO 80632 Dear Drew: Enclosed for the County's records is one (1) original , fully executed copy of the Project Agreement for Rail Protection Project RRO 0040(26) , WCR 44 at Peckham. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER Rex ou ee District Coordinator RT:ps Encl . cc: D. M. Bower w/copy Peterson-Rames L. G. Duncan w/copy FILE w/copy COUNTY ROAD U #44 CR #44 CONTRACT RR CROSSING ST. Hwy. 6-7-82 sa998" Hello