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HomeMy WebLinkAbout8636RESOLUTION NO. 8636 A RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DIVISION OF PARKS AND RECREATION RELATING TO THE RUNYON COMMUTER TRAIL, PHASE III, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: S ECTION 1 The Contract elated March 8, 1999, between Pueblo, a Municipal Corporation, and the Colorado Division of Parks and Recreation, a copy of which is on file in the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The total cost of the project has been estimated to be $110,000: and the sources of the funds are as follows: (a) Colorado Division of Parks and Recreation $ 25,000 (b) Great Outdoors Colorado Trust Fund $ 25,000 (b) Pueblo Conservancy District $ 25,000 (c) Friends cf the River Trails $ 30,000 (d) in -kind, City of Pueblo $ 5,0 TOTAL FUNDS $110,000 SECTI 3. The President of City Council is authorized to execute and deliver the Contract in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. This resolution will become effective upon final passage. A T E T ED: City Clerk INTRODUCED: MARCH 22, 1999 BY: John Verna _ Council Pers n APPRO`J D: President of City Council 5 w � �wo'kl , a2 99 Council Agenda A RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND RELATING TO THE RUNYON COMMUTER TRAIL, PHASE III, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME Agenda Item # 2; Department Planning and Development Date: March S; 1999 ISSUE Should the City Council approve a Contract between Pueblo, a municipal corporation, and the Colorado Division of Parks and Recreation relating to the Runyon Commuter Trail, Phase III project? BACKGROUND The Runyon Commuter Trail, Phase 3, Project consists of 1,000 linear feet of 10 foot wide concrete trail that will complete the construction of the Runyon Trail from HARP to Runyon Lake. The Grant request is in the amount for $25,000 from the Colorado Division of Parks and Recreation. The Great Outdoors Colorado Trust Fund has contributed $25,000 as the second half of this grant request. The Pueblo Conservancy will assist with $25,000 in this project by constructing the trail over the flood levee. The Friends of the River Trails will contribute $30,000, with a grant recieved from the Pueblo County. The City will provide $5,000 of in -kind Engineering services. The total amount of project funds are $110,000. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT In -kind services in the amount of $5,000 will be provided by the Department of Public Works and grant administration by the Department of Planning and Development. Project Name: Runyon Commuter Trail SYMNI -98 -125 Cooperative Agreement For Trail Projects Between Colorado State Parks And The City of Pueblo THIS AGREEMENT, made this Mir( 11 F)tk 199), by and between the Colorado Division of Parks and Outdoors Recreation, Colorado Department of Natural Resources, hereinafter referred to as the "State ", and The City of Pueblo 211 E. D Street, Pueblo, CO 81003 is hereinafter referred to as the "Cooperator ". The Cooperator is the contracting organization with the State and as such may be referred to as the "Contractor". WHEREAS, the State has the authorities as shown in C.R.S. 33 -10 -107 (1) (d) C.R.S. 33 -11 -102 (1) and (2), and C.R.S. 33 -11 -107, to enter into cooperative agreements, manage a recreation program for trails and to share costs with political subdivisions and other organizations, 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 State Parks' account: Agency PJA FUND 461, ORGANIZATION APTP, APPROPRIATION N98, PROGRAM PARK OBJECT CODE 5110, GBL 5120, Project Name Yampa River Trail, File Number SYMM -98- 125, Amount $25,000.00 CONTRACT ENCUMBRANCE NUMBER ; and WHEREAS, an application for the Project has been approved by the State and becomes part of this agreement in whole, unless otherwise amended; and WHEREAS, the Cooperator has requested funds, consistent with the conditions in the aforementioned Article, to develop all or a part of the Project described below, hereinafter referred to as the "Project "; and WHEREAS, required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and NOW THEREFORE, it is hereby agreed that: I. Scope of Agreement: 1. Project Name: Runyon Commuter Trail 2. Project Scope: As described in the project application, II. Time of Performance: This agreement will be effective from the date of the Notice to Proceed through December 31, 2000 III. Compensation Terms: 1. The State share of this project is not to exceed $25,000.00, a maximum of 50% (percent) of the Project costs. 2. 0% of the state funds may be advanced to the Cooperator for start-up costs. 3. The state share of the project costs shall be paid in no more than three (3) installments, the advance payment, if needed, one payment at the end of the year in which the Project was authorized to Proceed, Page 1 of 5 Total Pages and a final at the successful completion of the project and inspection by a representative of the State. The first payment after the advance payment, should reflect the amount of work completed at the time the payment request is submitted by the Cooperator. 4. The State reserves the right to inspect all projects either at the conclusion of the project and /or periodically thereafter. A representative of the Contractor may be required to attend the inspection. 5. None of the above conditions preclude either a single, one -time payment nor any combination of payments of different amounts, up to the maximum number specified in III. 3 above. IV. Terms and Conditions: 1. The items listed above under Project Scope have been approved by the State. The Cooperator shall expend monies and complete Project items for all of these approved expenditures. If the total Project amount has been expended and the total Project is not complete, the Cooperator must show that it made its expenditures on items listed in accordance with this agreement. 2. The Cooperator, for itself and its successors in interest, accepts responsibility for maintenance of the Project for public outdoor recreational use for a minimum of twenty -five (25) years unless otherwise specified, as specified in the application. This requirement does not preclude the Cooperator entering into agreements for the maintenance of the Project. 3. Any lands used for this Project will not be converted to any non - recreational use without prior written approval of the State. All improvements resulting from the Project shall be maintained in a safe manner, and the Cooperator will periodically inspect the Project site to ensure that requirement is satisfied. 4. The Project, in whole or in part, may be terminated by the State at any time before the date of completion for any of the following reasons: (a) the Cooperator has failed to comply with the terms of this Agreement; (b) the Cooperator has insufficient funds to complete the Project; (c) the Cooperator fails to begin work on this Project within one year of the effective date of this Agreement. In the event the Project is terminated, the Cooperator shall nevertheless bring the Project to a point of usefulness as determined by the State. 5. Remedies: (a) if this Agreement is for safety, education, or user information, and is terminated, the State shall have all remedies available to it at law and in equity; (b) if this Agreement involves facility development, e.g., trail head parking, fencing, roadwork, trail construction or maintenance, and is terminated, the State, at its option and in addition to any other remedy available at law and in equity, shall have the right of removal of any improvements made on the project site with State funds, which may be removed without injury to the premises. 6. The State's participation in the Project is limited to providing funds. The Cooperator is solely responsible for the development and implementation of the Project. 7. THE COOPERATOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE COOPERATOR NOR ANY AGENT OR EMPLOYEE OF THE COOPERATOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. COOPERATOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING ALL FEDERAL AND STATE INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS Page 2 of 5 Total Pages CONTRACT. COOPERATOR ACKNOWLEDGES THAT THE COOPERATOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE COOPERATOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. COOPERATOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. COOPERATOR SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE COOPERATOR, ITS EMPLOYEES AND AGENTS. 8. The Cooperator shall maintain a complete record file of all receipts and expenditures and other written records which pertain to the use of the funds and to the performance of the Agreement. Such record files shall be made available upon request at such reasonable times and places as agreeable to the parties of this Agreement. 9. No later than thirty (30) working days after the date of completion of the Project construction or termination of the Agreement, the Cooperator shall submit to the State a complete record of all receipts and expenditures and other written records related to the Project. Any unused portion of the advanced Project monies will be returned to the State at that time. Following the completion of the Project construction or termination of the Project, the State shall inspect the Project facilities and audit all expenditures made by the Cooperator related to the Project as set forth above in "Scope of Agreement. " If the State finds any expenditures were not made in accordance with this Agreement, the State may request, and the Cooperator shall immediately refund monies used for those expenditures. 10. This Agreement constitutes the entire agreemejit between the parties. All amendments and /or changes shall be by written instrument executed by the parties of hereto. The parties hereto have caused this Agreement to be executed as of the date set forth herein by their duly authorized representatives. The rights and responsibilities of the parties under this contract shall not be assignable without the prior written approval of the State. 11. If federal funds are used in this project, then the Agreement is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. 12. All benefits derived from this Agreement shall be made available for the use and enjoyment of the general public. 13. There shall not be any discrimination against any person on the basis of race, color, religion, sex, age, or national origin with respect to any benefits made available to the general public by this Agreement. 14. All terms of the Agreement shall be binding on and inure to the benefit of the personal representatives, successors, or assigns of the parties. 15. This Agreement is not assignable without written consent of both parties. Page 3 of 5 Total Pages SPECIAL PROVISIONS' CONTROLLER'S APPROVAL 1. 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 of Colorado 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 fifty 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 Cooperator shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, 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 temps of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the 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, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work 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 is executed. delivered and tiled, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106. INDENINIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 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 otter applicable law respecting discrimination and unfair employment practices (CRS 24 -34 -402), 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: (a) 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. (b) 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. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or otter contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and rules, regulations, and relevant Orders of the Governor. (d) 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 this designee for purposes of investigation to ascertain compliance with such rules regulations and orders. (e) 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 work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) 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 provision 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. (g) 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 canceled, 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 Orders, 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. (h) The contractor will include the provisions of paragraphs (a) through (h) in every sub - contract and subcontractor 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 he binding upon each subcontractor 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 die State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8 -17 -101 & 102 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 be State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is determined by the officer responsible for awarding the Page 4 of 5 Total Pages bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8 -19 -101 and 102), 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. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 9. Pursuant to CRS 24 -30 -202.4 (as amended), the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 10. The signatories aver that they are familiar with CRS 18 -8301, et. seq., (Bribery and Corrupt Influences) and CRS 18- 8-401, et. seq., (Abuse of Public Office), and that no violation of such provisions is present. 11. 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 Contract on the day first above written. ORGANIZATION OFFICIAL: STATE OF COLORADO Roy Rom9f, Governor Corin AK e hler (Type or Pri t FJAI Legal Na e) ) 111 -_ (SIGNATURE) City of Pueblo (ORGANZATION) 84 6000615 (Federal Employer I.D. Number - FEIN) of Matural Resources 4l44 rne Genera APPROVALS BY Gener ��. ATTORNE == seolior ART L. 8AR . . , BY STATE CONTR 'S OFFICE Form 6- AC -02B Revised 1/93 page _5_ of _5_ pages