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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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