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HomeMy WebLinkAbout7815RESOLUTION NO. 7815 A RESOLUTION APPROVING A CONTRACT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, FOR PUEBLO SIGNALS, VARIOUS LOCATIONS (STM M086 -012). BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The contract between the City of Pueblo, a Municipal Corporation, and the Colorado Transportation Department concerning Pueblo Signals, various locations, Project (STM M086 -012) is hereby approved. SECTION 2. The contract provides for $215,567 in Federal Transporation Funds and requires a local match of $55,901 for a total project cost of $271,468. SECTION 3. The President of the City Council is hereby authorized to execute this contract for and on behalf of the City, and the City Clerk is authorized and directed to attest same and affix the Seal of the City thereto. Introduced FPhniary 25, 1996 By ( - h,arl P- ,TnnP� Councilperson APPROVED: r s Presi nt of the C ty Council ATTEST: City Cl &k q ( I4A 016 2 STM M086 -012 (10662) Pueblo Signals, Various Locations Region 2 /TDR CONTRACT /� THIS CONTRACT, made this 17 A fC day of r 19 QQ��"" _1_ by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State, and the CITY OF PUEBLO, P. 0. Box 1427, Pueblo, Colorado 81002, hereinafter referred to as the Local Agency or 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 of project and Local Agency costs in Fund Number 400, Organization Number 9991, Appropriation Code 010, Program 2000, Function 3020 and 3301, Object 2312 1P, Reporting Category 2040, Contract Encumbrance Number 10662 [00] D (Contract Encumbrance Amount $19,000 D,$228,973 C); and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, pursuant to Title I, Part A, Section 1007 of the Intermodal Surface Transportation Efficiency Act of 1991, certain Federal funds have been and will in the future be, allocated for projects eligible under the Surface Transportation Program, hereinafter referred to as the program; and WHEREAS, pursuant to the program, Federal -aid funds have been made available for a project, identified as STM M086 -012 for preliminary engineering and construction to upgrade traffic signals at various locations in the City of Pueblo, Colorado, hereinafter referred to as the work; and WHEREAS, the matching ratio for this Federal -aid project is 83% Federal -aid funds, to 17% Local Agency funds, it being understood that such ratio applies only to such costs as are -1- eligible for Federal participation, it being further understood that all non - participating costs are borne by the Local Agency at 100 %; and WHEREAS, the Local Agency has estimated the total cost of the work and is prepared to provide its share of the cost as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, a copy of which is attached hereto and made a part hereof; and WHEREAS, said ordinance or resolution also establishes the authority under which the Local Agency enters into this contract; and WHEREAS, this contract is executed by the State under authority of Sections 24 -92 -101, et seq., 29 -1 -203, 43 -1 -110, 43 -1 -116, 43- 2- 101(4)(c) and 43 -2 -144, C.R.S., as amended; and WHEREAS, the parties hereto desire to agree upon the division of responsibilities with regard to this project; and WHEREAS, the Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete portions of the work; and WHEREAS, the Local Agency is prepared to pay all indirect costs and to provide its share of direct costs in the form of "in kind" labor; and WHEREAS, the State certifies that such work can be more advantageously performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: I. STATE COMMITMENTS A. The State will provide liaison with the Local Agency through the State's Region Transportation Director, Region 2, located at 905 Erie Avenue, P.O. Box 536, Pueblo, CO 81002. Said Director will also be -2- responsible for coordinating the State's activities under this contract. B. The State will administer the Local Agency and Federal -aid funds for this project in accordance with the following provisions. All funds expended by the State for the performance of any work under this contract or relative to the administration of this contract shall be charged to this project. 1. Costs incurred by the Local Agency The State will reimburse the Local Agency for the Federal -aid share of the project charges following the State's review and approval of such charges. Charges incurred by the Local Agency prior to the date of Federal Highway Administration (FHWA) authorization for the project will not be charged to the project. 2. Costs incurred by the State The State will prepare monthly estimates of incurred costs relative to the project. The State's monthly billings for the Local Agency share will be based on actual costs. As funds are expended during the course of the work, the State will bill the Local Agency monthly for the Local Agency share of such expenditures. Upon completion of the work to be performed under this contract and acceptance thereof by the State, FHWA and the Local Agency; the State will submit a final recapitulation of the project costs to the Local Agency and a final billing for the balance due of its share of participating costs plus all non - participating costs. C. The State will review construction plans, special -3- provisions and estimates and will cause the Local Agency to make those changes necessary to assure compliance with State and FHWA requirements. The Local Agency will afford the State ample opportunity to review the construction plans, special provisions and estimates, as changed and said plans shall be considered final when approved and accepted by the parties hereto. The final plans are incorporated herein by this reference. D. In the event all or part of the construction work is to be contracted, the State will establish appropriate Disadvantaged Business Enterprise (DBE) goals for the construction contract(s). E. The State will perform a final project inspection prior to project acceptance as a Quality Control activity. When all project work has been satisfactorily completed, the State will sign the FHWA form 1446C. II. LOCAL AGENCY COMMITMENTS A. The Local Agency will provide: 1. Preliminary engineering, design services, preparation of construction plans, special provisions and estimates in accordance with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. Said plans shall include details of any required detours to prevent any interference of the construction work and to protect the traveling public. All plans produced shall be stamped by a Colorado Registered Professional Engineer. 2. Design work sheets used in designing of the -4- project. 3. Construction supervision by a Colorado Registered Professional Engineer. B. The Local Agency will comply with the following: 1. The Local Agency will prepare construction plans in accordance with the requirements of Engineering Services Section 107, Preparation of Construction Plans by Local Agency, attached hereto and made a part hereof. 2. The Local Agency will be responsible for the plans being accurate and complete. C. The Local Agency will comply with the applicable provisions of the State's approved Action Plan, including all Federal directives contained therein by reference. D. The Local Agency may enter into a contract with a consultant to do all or any portion of the proposed preliminary engineering, preparation of construction plans and construction administration. In the event that Federal -aid funds provided herein are to participate in the cost of work to be done by a consultant, the contract shall comply with the requirements of Federal Aid Policy Guide (FAPG), Title 23, Chapter I, Sub - chapter B, Part 172, Administration of Engineering and Design Related Service Contracts. The contract with the consultant shall be preceded by an acceptable proposal and may not be executed or awarded until the selection of the consultant and terms of the contract shall have been approved by the State and the Federal Highway Administration (FHWA). All changes in the contract shall be by written supplemental agreement and must have prior approval of -5- the State and FHWA. As soon as the contract with the consultant has been awarded, one copy of the executed contract shall be submitted to the State. Any supplemental agreements shall be similarly submitted. Any consultant billings shall comply with the State's standardized consultant billing format. Examples of the billing formats for the various methods of contract payment are attached hereto and made a part hereof. E. The Local Agency will be responsible to perform acquisition and relocation assistance for the project, as required by Section 24 -56 -101, et seq., C.R.S. However, if the State determines that such performance by the Local Agency will jeopardize or is jeopardizing distribution of federal assistance funds, or that action by the State is necessary to comply with federal policy or procedures, then the State, in its discretion, may perform the acquisition and relocation assistance itself or may supervise and direct the Local Agency in the performance of such acquisition and assistance. Prior to taking such action, the State will provide written notice to the Local Agency of the basis of such determination or action and will meet with the Local Agency to discuss possible remedial measures. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all right of way has been acquired in accordance with the applicable State and Federal regulations, or that no additional right of way is required. F. The Local Agency will be responsible for obtaining the proper clearance or approval from any utility company which may become involved in this project, by separate -6- agreement between the Local Agency and the utility, if necessary. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all such clearances have been obtained. G. In the event the project involves modification of a railroad company's facilities at a railroad grade crossing whereby the work is to be accomplished by railroad company forces, the Local Agency shall make application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements. The Local Agency shall also establish contact with the railroad company involved for the purpose of: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for Federal participation. 2. obtaining the railroad's detailed estimate of the cost of the work. 3. Establishing future maintenance responsibilities 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 replacement responsibilities in the event of accidental destruction or damage to the installation. H. The Local Agency will provide final assembly of construction plans, special provisions, estimates and contract documents. I. In the event the Local Agency has engaged a consultant for the design of a major structure, the Local J. Agency /consultant contract shall contain the following: 1. Upon advertisement for the project for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. 2. The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, "Standard Specifications for Road and Bridge Construction ", in connection with this work. The Local Agency in conjunction with the State will advertise the call for bids, and upon concurrence by the State award the construction contract(s) to the lowest responsible bidder(s). The Local Agency has the option to accept or reject the proposal of the low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection at the award conference or within 3 working days after said bids are publicly opened, whichever occurs later. Following award of the construction contract(s), no further revisions in design data or cost estimate shall be made except by agreement in writing between the parties. By indicating its concurrence in such award at the award conference, the Local Agency acting by or through its duly authorized representatives, agrees to provide additional funds if required to complete the work under this project if no additional Federal -aid funds will be made available for the project. L. Administration of the construction of the project shall be in accordance with the project's Construction Contract Administration Checklist, as amended. The preliminary checklist is attached hereto and made a part hereof. The Local Agency shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE). Such administration shall consist of project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing, and inspection activities; preparing and approving pay estimates; preparing, approving, and securing the funding for contract modification orders (CMOs) and minor contract revisions (MCRs); processing contractor claims; and, meeting the Quality Control (QC) requirements of the FHWA /State stewardship program. M. The LAPE shall administer the project in accordance with this agreement, the requirements of the construction contract, and State procedures. The LAPE may be an employee of the Local Agency or a consultant. In such event, notwithstanding Section 12 -25 -103, C.R.S., as amended, the LAPE shall be in responsible charge of the construction of the project as provided in Section 12 -25 -102 C.R.S. as amended. N. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency will prepare project charges in accordance with the State's standard policies, procedures, and standardized billing format attached hereto and made a part hereof. Charges incurred by the Local Agency prior to the date of FHWA authorization of the project will not be charged to the project. O. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payment to the Local Agency. Copies of such records shall be furnished by the Local Agency if requested. P. The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA, and will make ample provision for such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. The State and FHWA will make periodic inspections of the project to verify that such improve- ments are being adequately maintained. Q. The Local Agency shall comply with all federal requirements applicable to the performance of the work, and /or to any procurement for the work, under this federally funded contract. Such requirements include Title 49, Code of Federal Regulations, Part 18 ( "The Common Rule "), specifically 49 C.F.R. 18.36 regarding procurement and 49 C.F.R. 18.36(i) regarding required contract provisions. The specific provisions in 49 C.F.R. 18.36(1) containing the federal statutory and regulatory citations are incorporated herein by this reference as provisions of this contract as though -10- fully set forth. Further, the Local Agency shall include the language of this paragraph verbatim in any subcontract(s) for the work, in order to comply with 18.36(1) and to ensure subcontractor compliance with applicable federal requirements. R. The Local Agency represents and warrants that it has taken all actions that are necessary or required by internal procedures and bylaws, and applicable law, to properly authorize the undersigned signatory for the Local Agency to lawfully execute this contract on behalf of the Local Agency and to bind the Local Agency to its terms. III. GENERAL PROVISIONS A. The Local Agency has estimated the total cost of the preliminary engineering and construction to upgrade the traffic signal system at various locations in Pueblo, Colorado, hereinafter referred to as "the work" to be $271,468, which is to be funded as follows: a. Federal participating funds (83% of $261,024) $216,650 b. Local Agency share: (1) Local Agency parti- cipating funds (17% of $261,024) $44,374 (2) The Local Agency non- participating funds for indirect costs incurred by the Local Agency and /or the State (approx. 4% of $261,024) $10,444 Subtotal (Local Agency share) $54,818 Total Funds $271,468 -11- B. The matching ratio for this Federal -aid project is 830 Federal -aid funds to 17% Local Agency funds, it being understood that such ratio applies only to such costs as are eligible for Federal participation, it being further understood that all non - participating costs are borne by the Local Agency at 100 %. The performance of the work shall be at no cost to the State. If the total actual cost of performance of the work exceeds $271,468, and additional Federal funds are made available for the project, the Local Agency shall pay 17% of all such costs eligible for Federal participation and 1000 of all non - participating costs. If the total actual cost of performance of the work is less than $271,468 then the amounts of Local Agency and Federal -aid funds will be decreased in accordance with the funding ratio described herein. C. The maximum amount payable to the Local Agency under this contract shall be $215,567 which is 99.5% of the Federal funds. One half of one percent (0.5 %) of the Federal funds will be withheld by the State for State charges and shall be matched with Local Agency funds as indicated in Section III.B. The maximum amount payable shall not be increased except by a written supplemental contract. D. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions agreeable to the parties prior to bid and award. E. The parties hereto agree that this contract is contingent upon all funds designated for the project -12- F. 3 herein being made available from Federal and Local Agency sources. Should these sources, either Federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party. Any party terminating its interest and obligations herein shall not be relieved of any financial obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Notwithstanding any consents or approvals given by the State for said plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed within the work of this contract. In the event that all or part of the work is to be accomplished by the Local Agency Through the use of in- kind labor rather than by contract as specified in paragraph II.D. and II.J. hereinabove, the Local Agency will insure that all work is accomplished in accordance with the pertinent State specifications as well as FAPG, Title 23, Chapter I, Sub - chapter B, Part 635, Sub -part B, Force Account Construction. Work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and the FHWA in advance of the work, as provided for in FAPG, Title 23, Chapter I, Sub - chapter B, Part 635, Sub -part B, Section 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the work to be performed. It may be agreed to participate in the work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the work. Where actual costs are -13- used, eligibility of cost items shall be evaluated for compliance with Federal Procurement Regulations Part 1 -15. Rental rates for publicly owned equipment will be determined in accordance with Section 109.04 of the State's "Standard Specifications for Road and Bridge Construction ". All Local Agency in -kind work shall have prior approval of the FHWA and shall not be initiated until the State has issued a written notice to proceed. 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. H. The State shall have the authority to suspend the construction of the work wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its construction contractor to correct Project conditions which are unsafe for the workmen or for the traveling public, or for failure to carry out provisions of this contract or the construction contract, or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the work, or for any other condition or reason deemed by the State to be in the public interest. I. The term of this contract, except for the provisions regarding maintenance, shall continue through the completion and final acceptance of this project by the State, FHWA and Local Agency. The covenants with regard to maintenance of the improvements constructed under this contract shall remain in effect in -14- perpetuity or until such time as the Local Agency is, by law or otherwise, relieved of such responsibility. J. It is expressly understood and agreed that enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the Local Agency and the State, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. It is the express intention of the Local Agency and the State that any person other than the local Agency or the State receiving services or benefits under this contract shall be deemed to be an incidental beneficiary only. K. This contract may be terminated as follows: (1) Termination for Cause If, through any cause, the Local Agency fails to fulfill in a timely and proper manner all obligations under this contract, or if the Local Agency violates any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any satisfactory services completed on such documents and other materials. Notwithstanding the above, the Local -15- other materials. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold any payments to the Local Agency for the purpose of setoff until such time as the exact amount of damages due the State from the Local Agency is determined. (2) Termination for Convenience The State may cancel upon 30 —day written notice to the Local Agency. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least 30 days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph I(1) above shall, at the option of the State, become its property. If this contract is terminated due to the fault of the Local Agency, Paragraph I(1) hereof relative to termination shall apply. (3) Termination Due to Loss of Funding The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this contract. -16- the parties hereto agree to comply with Title VI, of the Civil Rights Act of 1964, the salient points of which are shown in the Non - Discrimination Provisions attached hereto and made a part hereof. M. The Special Provisions, Appendix B and Attachment LO attached hereto are hereby made a part of this contract. N. This contract shall inure to the benefit of and be binding upon the parties, their successors, and assigns. -17- IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATTEST: STATE OF COLORADO ROY ROMER, GOVERNOR By Chief Clerk /,/ xecutive Director ,DEPARTMENT OF TRANSPORTATION APPROVED: CLIFFORD W. HALL State Controller /� GALE A. NORTON Attorney General By BARRY B. RYAN Assistant Attorney General Civil Litigation Section ATTEST: By��� Title CITY OF PUEBLO, COLORADO By '��l Title Federal Employer Identification Number