HomeMy WebLinkAbout8845RESOLUTION NO. g s
A RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR
THE USE AND BENEFIT OF THE STATE DEPARTMENT OF
TRANSPORTATION RELATING TO A TRANSPORTATION
ENHANCEMENT PROJECT AND AUTHORIZING THE PRESIDENT OF
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1:
The Contract between Pueblo, a municipal corporation and the State of Colorado, for
the use and benefit of the State Department of Transportation, for transportation
enhancement project STE M086 -030 (12948) (hereinafter referred to as the "Contract "), a copy
of which is on file in the office of City Clerk, having been approved as to form by the City
Attorney, is hereby approved, subject only to annual appropriation for maintenance expense
obligations in the future years.
SECTION 2:
Appropriated and unencumbered funds in the amount of $70,000 are hereby made available
and transferred from Account No. 262 - 9510 - 600.70 -10, Project No. PL0001 for use as the
City's local share of project costs under the Contract and to otherwise meet City's obligations
under the Contract.
SECTION 3:
The President of the 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 shall become effective upon final passage.
ATTEST:
City Clerk
INTRODUCED: November 8, 1999
BY: Cathy A. Garcia
Council Person
APPROVED:
President of City Council
T
Rev3 /99
(FMLAWRK)
PROJECT STE M086-030,12948 00 HA2 00042
REGION 2, /(reo)
TRANSPORTATION ENHANCEMENT CONTRA
THIS CONTRACT, made this C/A day of z.)OW 4` 1 - 19L�/by and between the
State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the State or CDOT, and CITY OF PUEBLO,
STATE of COLORADO, 211 East D Street, Pueblo, CO 81002, FEIN: 846000615, hereinafter
referred to as the Local Agency, or the contractor.
FACTUAL RECITALS.
1. 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, Appropriation Code 010, Organization Number
9991, Program 2000, Function 400, Object 2311 1P, Project STE M086 -030, Phase C Reporting
Category 2250, Contract Encumbrance Number 12948, (Contract Encumbrance Amount:
$350,000.00).
2. Required approval, clearance and coordination has been accomplished from and with
appropriate agencies.
3. Pursuant to Title I, Subtitle A, Section 1108 of the Transportation Equity Act for the 21st
Century of 1998 (TEA -21) and to applicable provisions of Title 23 of the United States Code and
implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended,
(collectively referred to hereinafter as "the federal provisions "), certain Federal funds have been
and will in the future be, allocated for highway projects requested by Local Agencies and eligible
under the Surface Transportation Program that has been proposed by the State and approved by
the Federal Highway Administration (FHWA), hereinafter referred to as the program.
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3.5 Pursuant to § 1007(a) of TEA -21, at 23 U.S.C. § 133(d)(2), certain Surface Transportation
Project funds are made available only for eligible "Transportation Enhancement Activities ", as
defined in § 23 U.S.C. § 101(a), and this contract provides for the performance by the Local
Agency of a project for an eligible Transportation Enhancement Activity.
4. Pursuant to § 43 -1 -223, C.R.S. and to applicable portions of the federal provisions, the State
is responsible for the general administration and supervision of performance of projects in the
program, including the administration of federal funds for a program project performed by a local
agency under a contract with the State.
4.5 The Local Agency has requested that a certain local highway project be funded as part of the
program as a Transportation Enhancement Activity, and the Local Agency Represents that the
project is an eligible Transportation Enhancement Activity as defined in § 23 U.S.C. § 101(a),
and by the date of execution of this contract the Local Agency (and/or the State) has completed
and submitted a preliminary version of CDOT form #463 describing the general nature of that
project work. The Local Agency understands that, before the project work is actually started, the
description of the project work in that CDOT form #463 will likely be revised as a result of
design changes made by CDOT, in conjunction and coordination with the Local Agency, in its
internal review process. The Local Agency desires to agree to perform the project work as
described in the Form #463, as it may be revised in that Process.
5. Federal -aid funds have been made available for project, STE M086 -030 for the
restoration/replication of the 1800's El Pueblo fort/trading post as more specifically described in
Exhibit A (the Form #463 and/or a Scope of Work), in Pueblo, Colorado, hereinafter referred to
as "the project" or "the work ".
6. The matching ratio for this federal -aid project is 80% federal -aid funds to 20% 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 shall be borne by the
Local Agency at 100 %.
7. The Local Agency desires to comply with the federal provisions and other applicable
requirements, including the State's general administration and supervision of the project through
this contract, in order to obtain federal funds for the project.
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8. The Local Agency has estimated the total cost of the Work and is prepared to provide its
match share of the cost, as evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authorized representatives of the Local Agency, which expressly authorizes the
Local Agency to enter into this contract and to expend its match share of the Work. A copy of
this ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
9. This contract is executed under the authority of Sections 29 -1 -203, 43 -1 -110, 43 -1 -116,
43- 2- 101(4)(c) and 43 -2 -144, C.R.S., as amended, and the Local Agency ordinance /resolution.
10. The parties hereto desire to agree upon the division of responsibilities with regard to the
project.
11. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily
complete some or all of the Work.
12. The State certifies that such work can be more advantageously performed by the Local
Agency.
NOW, THEREFORE, it is hereby agreed that:
I. STANDARD FORM CONTRACT
This is a standard form contract that is designed to efficiently contract for and administer 2 types
of program projects: 1) program projects which include the same basic work elements (design;
construction; construction administration by local agency; right -of -way; utilities; etc.); and, also,
2) program projects with specific differences in those basic work elements (e.g., a specific
project may include design but no construction, or it may include design and construction but the
State will do the construction administration, etc.)
The form contract accommodates both types of projects by using qualifying language to
condition the application of particular contract requirements, based on whether specific work
elements are included in the project. For instance, where the contract provides ... "If the Work
includes engineering /design services, the Local Agency shall perform the following
requirements... ", the Local Agency need perform those requirements only if engineering/design
services are expressly included in the project, as defined in the Scope of Work. (Conversely,
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notwithstanding that language is in the contract, the Local Agency can ignore those
"requirements" if engineering /design services are NOT expressly included in the Scope of
Work.)
The Local Agency shall interpret such qualifying language in that manner. By using such
language, the form contract can apply to both the general and the specific types of projects, thus
making it easier to administer and saving the State and the Local Agency time and expense.
II. PROJECT DESCRIPTION
"The project" or "the Work" under this contract shall consist of the restoration/replication of the
1800's El Pueblo fort/trading post, hereinafter referred to as "the project" or "the Work" in
Pueblo, Colorado, as more specifically described in Exhibit A, attached hereto and made a part
hereof (the Form #463 and/or a "Scope of Work ") as it may be revised by the parties in the
design review process before the project work is actually started.
III. INCORPORATION BY REFERENCE
All federal and state statutes, regulations, specifications, administration checklists, directives,
procedures, documents, and publications that are specifically identified and/or referenced in this
contract, together with all exhibits and attachments and addenda to this contract, are incorporated
herein by this reference as terms and conditions of this contract as though fully set forth.
IV. WORK RESPONSIBILITY
The Local Agency shall be responsible to perform (all design and/or right -of -way and/or utility
and/or construction and/or construction administration tasks required to complete) the Work, and
the Local Agency shall comply with all applicable terms and conditions of this contract in
performing the Work, including those process and task responsibilities addressed in the Pre -
Construction and Construction Administration Checklists attached hereto and made a part hereof.
The responsible party shall perform all such tasks in accordance with applicable requirements
and standards, including those in this contract and in applicable law.
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V. PROJECT FUNDING PROVISIONS
A. The Local Agency has estimated the total cost the Work to be $350,000.00 which is
to be funded as follows:
a. Federal participating funds:
(80% of $350,000.00) $280,000.00
b. Local Agency participating share:
(20% of $350,000.00) $ 70,000.00
Total Funds:
$350,000.00
B. The matching ratio for the federal participating funds for this project is 80%
federal -aid funds (CFDA #20 2050) to 20% Local Agency funds, it being understood that such
ratio applies only to the $350,000.00 that is eligible for federal participation, it being further
understood that all non - participating costs are borne by the Local Agency at 100 %. If the total
actual cost of performance of the Work exceeds $350,000.00, and additional federal funds are
made available for the project, the Local Agency shall pay 20% of all such costs eligible for
federal participation and 100% of all nonparticipating costs; if additional federal funds are not
made available, the local agency shall pay all such excess costs. If the total actual cost of
performance of the Work is less than $350,000.00, then the amounts of Local Agency and
federal -aid funds will be decreased in accordance with the funding ratio described herein. The
performance of the Work shall be at no cost to the State.
C. The maximum amount payable to the Local Agency under this contract shall be
$280,000.00, unless such amount is increased by an appropriate written modification to this
contract executed before any increased cost is incurred. 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
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is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the
parties prior to bid and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for
the project herein being made available from federal and/or state and/or Local Agency sources,
as applicable. 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, provided that any
party terminating its interest and obligations herein shall not be relieved of any obligations which
existed prior to the effective date of such termination or which may occur as a result of such
termination.
VI. TRANSPORTATION ENHANCEMENT ADVANCE PAYMENT PROVISIONS
The advance payment provisions described herein shall apply only to the construction work
portion of an enhancement project. Payment for all work portions of the Project, including for
the design work, shall be on a reimbursment basis, as described below.
A. Pursuant to FHWA's approval under 23 U.S.C. § 133(e)(3)(B), the State will provide
an advance payment up to a maximum percentage of the total amount for the construction
portion of transportation enhancement project activities, in accord with the following procedures.
(1) the State will provide advance payment to the Local Agency of 70% of the federal funds
budgeted and available for the construction of this transportation enhancement project, in accord
with 23 U.S.C. § 133(e)(3)(B and as described herein.
(2) the Local Agency shall submit the following to the State representative identified in section
VII, after execution of this Contract: a) a financial statement for the construction of the
project; and B) an invoice for advance payment of 70% of the federal funds budgeted and
available for the construction of the project.
(3) After receipt of such statement and invoice, the State will issue a warrant to the Local
Agency in the amount of the approved advance payment of construction project funds, subject
however to the prior performance of the following: A) the satisfactory completion of the design
of the project; B) the State approving the Local Agency's construction contract; and C) the
State issuing to the Local Agency a Notice To Proceed with the construction of the project.
(4) the advanced funds shall be used by the local agency only for the performance of the
construction work of the project. Upon receipt of the notice to proceed from the State, the Local
Agency shall proceed expeditiously to start the construction work and prosecute it diligently to
completion. If for any reason the local agency does not start the construction work within 120
days of receipt of the notice to proceed, or if the Local Agency starts the construction work but
discontinues or abandons performance before completion, the Local Agency shall remit to the
State all federal funds reimbursed or advanced by the State for the project not later than 30 days
after the 120th day, or after the date the Local Agency discontinues /abandons performance, as
applicable.
(5) When the Project construction work is completed, the Local Agency shall submit to the State
all required paperwork for that construction work, together with a final statement of costs for that
construction work and a billing for the remaining 30% of the federal funds budgeted and
available for the Project construction work. The State shall not reimburse the Local Agency the
remaining 30% of the construction work costs until the State has reviewed the billings and has
inspected the completed project construction work, subject to the terms and conditions of this
contract.
B. Except as provided in A. above, the State will reimburse the Local Agency for the
federal -aid share of the project design, and other work following the State's review and approval
of such charges, subject to the terms and conditions of this contract. The Local Agency will
prepare and submit to the State monthly charges for costs incurred relative to the design, and
work portions of the project. Provided, however, that charges incurred by the Local Agency
prior to the date of FHWA authorization for the project and prior to the date this contract is
executed by the State Controller or his designee will not be charged by the Local Agency to the
project, and will not be reimbursed by the State, absent specific FHWA and/or State Controller
approval thereof.
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C. Upon execution of this contract the State is authorized, in its discretion, to perform
any necessary administrative support services pursuant to this contract. These services may be
performed prior to and in preparation for any conditions or requirements of this contract,
including prior FHWA approval of project work. The Local Agency understands and agrees that
the State may perform such services, and that payment for such services shall be at no cost to the
State but shall be as provided in Section V.A. At the request of the Local Agency, the State shall
also provide other assistance pursuant to this contract as may be agreed in writing. In the event
that federal -aid project funds remain available for payment, the Local Agency understands and
agrees the costs of any such services and assistance shall be paid to the State from project funds
at the applicable rate. However, in the event that such funding is not made available or is
withdrawn for this contract, or if the Local Agency terminates this contract prior to project
approval or completion for any reason, then all actual incurred costs of such services and
assistance provided by the State shall be the sole expense of the Local Agency.
D. If the Local Agency is to be billed for CDOT incurred direct costs, the billing
procedure shall be as follows:
1. Upon receipt of each bill from the State, the Local Agency will remit to the State the
amount billed no later than 45 days after receipt of each bill. Should the Local Agency
fail to pay moneys due the State within 45 days of demand or within such other period as
may be agreed between the parties hereto, the Local Agency agrees that at the request of
the State, the State Treasurer may withhold an equal amount from future apportionments
due the Local Agency from the Highway Users Tax Fund and to pay such funds directly
to the State. Interim funds, until the State is reimbursed, shall be payable from the State
Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 45 days after the date of each bill), the Local Agency shall pay interest to
the State at a rate of one percent per month on the amount of the payment which was not
made in a timely manner, until the billing is paid in full. The interest shall accrue for the
period from the required payment date to the date on which payment is made.
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E. 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.
VII. STATE COMMITMENTS
A. The State will provide liaison with the Local Agency through the State's Region
Director, Region 2, 905 Erie Street, Pueblo, Colorado 81002, (719) -546 -5452. Said Region
Director will also be responsible for coordinating the State's activities under this contract. Said
Region Director will also issue a "Notice to Proceed" to the Local Agency for commencement of
the Work. All communication relating to the day -to -day activities for the work shall be
exchanged between representatives of the State's Transportation Region 2 and the Local Agency.
Until changed by notice in writing, all such notices and correspondence shall be addressed as
follows:
If to State:
Richard Annand
CDOT Region 2
905 Erie Street
Pueblo, Colorado, 81002
(719) 546 -5410
If to the Local Agency:
William J. Zwick
City of Pueblo
211 East D Street
Pueblo, CO 81003
(719) 543 -6006
B. The State will advance /reimburse the Local Agency for the federal -aid share of the
project charges, as provided in Section VI.
C. If the Work includes construction, the State, at its discretion, will review construction
plans, special provisions and estimates and will cause the Local Agency to make those changes
therein that the State determines are necessary to assure compliance with State and FHWA
requirements.
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D. 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 1212.
VIII. LOCAL AGENCY COMMITMENTS
A. DESIGN.
If "the Work" includes preliminary design, or final design (a.k.a. "construction plans "), or design
work sheets, or special provisions and estimates (collectively referred to as "the Plans "), the
party that is responsible under Section IV (either the Local Agency or the State) for the
Plans \design shall comply with the following requirements, as applicable:
1. perform or provide the Plans, to the extent required by the nature of the Work.
2. prepare final design ( "construction plans ") in accord with the requirements of the latest
edition of the American Association of State Highway Transportation Officials
(AASHTO) manual.
3. prepare special provisions and estimates in accord with the State's Roadway and
Bridge Design Manuals and Standard Specifications for Road and Bridge Construction.
4. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
5. stamp the Plans produced by a Colorado Registered Professional Engineer.
6. if the Local Agency is the responsible party, it shall afford the State ample
opportunity to review the Plans and make any changes in the Plans as directed by the
State to comply with FHWA requirements.
7. provide final assembly of the Plans and contract documents.
8. be responsible for the Plans being accurate and complete.
9. if the Local Agency is the responsible party, it may enter into a contract with a
consultant to do all or any portion of the Plans and/or of construction administration.
Provided, however, that if federal -aid funds are to participate in the cost of such work to
be done by a consultant, the Local Agency shall ensure that its procurement of that
consultant contract (and the performance /provision of the Plans under that contract)
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complies with all applicable requirements of Title 23, Code of Federal Regulations
(CFR), Part 172, (concerning the Administration of Engineering and Design Related
Service Contracts), and with any procedures implementing those requirements as
provided by the State, including those described in Attachment #1. Those requirements
and procedures include, without limitation:
a) the Local Agency /Contractor shall submit any design consultant subcontract to
CDOT for approval prior to its execution by the Local Agency /Contractor, as required by
section 172.5 (d);
b) all changes in the contract shall be by written supplemental agreement and must
have prior approval of the State and FHWA. As soon as the contract with the consultant
has been awarded by the Local Agency, one copy of the executed contract shall be
submitted to the State. Any amendments to such contract shall be similarly submitted;
c) all consultant billings under that contract 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;
d) the Local Agency /Contractor shall also use the CDOT procedures as described in
Attachment #1 to administer that design consultant subcontract, to comply with sections
172.5(b) and (d);
e) to expedite any CDOT approval, the Local Agency /Contractor's attorney, or other
authorized representative, may also submit a letter to CDOT certifying Local
Agency /Contractor compliance with those CDOT Attachment #1 procedures and with the
requirements of sections 172.5(b) and (d).
f) the Local Agency shall ensure that its consultant contract contains the following
language verbatim:
1) "The design work under this contract shall be compatible with the
requirements of a separate contract between the Local Agency and the State
(which is incorporated herein by this reference) for the design/construction of the
project. The State is an intended third party beneficiary of this contract for that
purpose."
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2) "Upon advertisement of the project work 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."
3) "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."
10. Following award of the construction contract(s) for the project, no further changes
shall be made in the Plans except by agreement in writing between the parties. The Plans
shall be considered final when approved and accepted by the parties hereto, and when
final they shall be deemed incorporated herein.
B. CONSTRUCTION.
If "the Work" includes construction, the party that is responsible under Section IV (either the
Local Agency or the State) for the construction/construction administration shall comply with the
following requirements, as applicable:
1. administer the construction in accord with the project's Pre - construction and Contract
Administration Checklists. Such administration shall include 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; construction supervision; and, meeting the Quality Control (QC) requirements of
the FHWA/State stewardship program, all as more fully described in the project's Pre -
construction and Contract Administration Checklists.
2. if the Local Agency is the responsible party, it shall appoint a qualified professional
engineer, licensed in the State of Colorado, as the Local Agency Project Engineer
(LAPE), to perform that administration. The LAPE shall administer the project in
accordance with this agreement, the requirements of the construction contract, and
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applicable State procedures. The LAPE may be an employee of the Local Agency or may
be a consultant. If the LAPE is an employee of the Local Agency, 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), notwithstanding any exception described in Section 12 -25 -103,
C.R.S., as amended.
3. if the Local Agency is the responsible party, and if bids are to be let for the
construction of the project, the Local Agency shall (in conjunction with the State)
advertise the call for bids and (upon concurrence by the State) award the construction
contract(s) to the low responsive, responsible bidder(s).
a) In advertising and awarding the bid for the construction of a federal -aid project, the
Local Agency shall comply with applicable requirements of 23 U.S.C. § 112 and 23
C.F.R. § § 633 and 635. Those requirements include, without limitation, that the Local
Agency /Contractor shall physically incorporate the entire "Form 1273" (which, if
relevant to this contract, is attached) verbatim into any subcontract(s) for those services as
terms and conditions thereof, as required by 23 CFR 633.102(e).
b) 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.)
c) 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, subject to their availability and appropriation for that purpose, if
required to complete the Work under this project if no additional federal -aid funds will be
made available for the project.)
4. In the event that all or part of the construction work is to be accomplished by Local
Agency personnel (i.e., by "force account "), rather than by a contractor pursuant to a
contract with the Local Agency, the Local Agency will insure that all such force account
work is accomplished in accordance with the pertinent State specifications and
requirements and with 23 C.F.R. Part 635, Subpart B, "Force Account Construction ".
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a) Such 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 Section 635.204(c). Such agreed unit prices shall constitute a
commitment as to the value of the Work to be performed.
b) An alternative to (a) is that the Local Agency may agree 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 used, eligibility of cost items
shall be evaluated for compliance with Federal Acquisition Regulations (FAR), 48 C.F.R.
Part 31. c) 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 ".
d) All force account work shall have prior approval of the State and /or FHWA and shall
not be initiated until the State has issued a written notice to proceed.
C. ROW ACQUISITION/RELOCATION.
If "the Work" includes right of way acquisition and/or relocation, the party that is responsible
under Section IV (either the Local Agency or the State) for the right of way acquisition and/or
relocation shall comply with the following requirements, as applicable:
If acquisition and relocation assistance is required for the project, the Local Agency will be
responsible to perform the acquisition and relocation assistance, as required by Sections
24 -56 -101, et seq., C.R.S. 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.
D. UTILITIES.
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 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.
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E. RAILROADS.
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 timely application to the State Public Utilities Commission requesting its order
providing for the installation of the proposed improvements and not proceed with that part of the
work without compliance. The Local Agency shall also establish contact with the railroad
company involved for the purpose of complying with applicable provisions of 23 Code of
Federal Regulations 646, Subpart B, concerning federal -aid projects involving railroad facilities,
including:
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.
F. ENVIRONMENTAL.
In its performance of the Work, the Local Agency shall comply with the applicable provisions of
the State's approved Action Plan concerning federal environmental requirements, including all
federal directives contained therein by reference. Copies of the applicable provisions may be
requested from the Office of Environmental Services, Colorado Department of Transportation,
4201 E. Arkansas Avenue, Rm. 284, Denver Co 80222.
G. RECORD KEEPING.
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.
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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. MAINTENANCE.
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 improvements are being adequately maintained.
I. FEDERAL REQUIREMENTS.
The Local Agency /Contractor shall at all times during the execution of this contract strictly
adhere to, and comply with, all applicable federal and state laws, and their implementing
regulations, as they currently exist and may hereafter be amended, which are incorporated herein
by this reference as terms and conditions of this contract. The contractor shall also require
compliance with these statutes and regulations in subgrant agreements permitted under this
contract. A listing of some of the federal and state laws that may be applicable, depending on the
Local Agency /Contractor work responsibilities under this contract, are described in
ADDENDUM A.
J. DBE REQUIREMENTS
"If the Local Agency desires to use its own DBE Program to implement and administer the DBE
provisions of Title 49 CFR Part 23 under this contract, it must submit a copy of its program's
requirements to CDOT for review and approval before the execution of this contract. If the
Local Agency uses it's program for this contract, the Local Agency shall be solely responsible to
defend that DBE Program and its use of that Program against all legal and other challenges or
complaints, at its sole cost and expense. Such responsibility includes, without limitation,
determinations concerning DBE eligibility and certification, adequate legal and factual bases for
DBE goals, and good faith efforts. CDOT approval (if any) of the Local Agency's DBE Program
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R
does not waive or modify the sole responsibility of the Local Agency for its use as described
above."
K. LOCAL AGENCY FUNDS
The Local Agency shall provide its match share and indirect cost funds for the work as outlined
in Section V.B.
IX. GENERAL PROVISIONS
A. Notwithstanding any consents or approvals given by the State for the 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.
B. If the Work involves construction, the State shall have the authority to suspend 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 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.
C. This contract may be terminated as follows:
(a) Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill,
in a timely and proper manner, its obligations under this contract, or if the Local Agency shall
violate 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 its intent to terminate and at least ten (10) days opportunity to cure the default or show
cause why termination is otherwise not appropriate. In the event of termination, 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 received just and equitable
compensation for any services and supplies delivered and accepted. The Local Agency shall be
obligated to return any payment advanced under the provisions of this contract.
Notwithstanding 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.
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it
If after such termination it is determined, for any reason, that the Local Agency was not in
default, or that the Local Agency's action/inaction was excusable, such termination shall be
treated as a termination for convenience, and the rights and obligations of the parties shall be the
same as if the contract had been terminated for convenience, as described herein.
(b) Termination for Convenience. The State may terminate this contract at any time the
State determines that the purposes of the distribution of funds under the contract would no longer
be served by completion of the project. The State shall effect such termination by giving written
notice of termination to the Local Agency and specifying the effective date thereof, at least
twenty (20) days before the effective date of such termination.
(c) 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 and/or State
funds which are available to the State for the purposes of contracting for the project 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 availability
of such funds to the State. In the event that such funds or any part thereof are not available to the
State, the State may immediately terminate or amend this contract.
D. Notwithstanding anything herein to the contrary, the parties understand and agree that
all terms and conditions of this contract and attachments hereto which may require continued
performance or compliance beyond the termination date of the contract shall survive such
termination date and shall be enforceable by the State as provided herein in the event of such
failure to perform or comply by the Local Agency.
E. This contract is subject to such modifications as may be required by changes in
federal or State law, or their implementing regulations. Any such required modification shall
automatically be incorporated into and be part of this contract on the effective date of such
change as if fully set forth herein. Except as specifically provided otherwise herein, no
modification of this contract shall be effective unless agreed to in writing by both parties in an
amendment to this contract that is properly executed and approved in accordance with applicable
law.
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F. To the extent that this contract may be executed and performance of the obligations of
the parties may be accomplished within the intent of the contract, the terms of this contract are
severable, and should any term or provision hereof be declared invalid or become inoperative for
any reason, such invalidity or failure shall not affect the validity of any other term or provision
hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other
term, or the same term upon subsequent breach.
G. This contract is intended as the complete integration of all understandings between
the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall
have any force or effect whatsoever, unless embodied herein by writing. No subsequent
novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules.
H. Except as herein otherwise provided, this contract shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
I. The Local Agency represents and warrants that it currently has no interest, and shall
not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of the Local Agency's obligations under this contract. The Local Agency's further
covenants that, in the performance of this contract, it will not employ any person or firm having
any such known interests.
J. This contract shall become "effective" only upon the date it is executed by the State
Controller, or designee. The term of this contract shall begin on the date first written above and
shall continue through the completion and final acceptance of this project by the State, FHWA
and Local Agency.
K. The Special Provisions, Attachment LO (Certification for Federal -Aid Contracts), and
Appendix B (DBE requirements) attached hereto are hereby made a part of this contract. The
Local Agency shall comply with all applicable terms and conditions of such attachments.
L. If a conflict occurs between the provisions of this contract proper and the attachments
hereto, the priority to be used to resolve such a conflict shall be as follows:
1. The Special Provisions and the attachments enumerated in Section VI, paragraph K,
above; and
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2. This contract proper;
3. Other contract attachments and exhibits, in their respective order.
M. It is expressly understood and agreed that the enforcement of the terms and
conditions of this contract, and all rights of action relating to such enforcement, shall be strictly
reserved to the parties hereto, 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 parties that any person or entity other than the parties receiving services or benefits under
this contract be deemed to be an incidental beneficiary only.
N. The Local Agency assures and guarantees that it possesses the legal authority to enter
into this contract. The Local Agency warrants that it has taken all actions required by its
procedures, by -laws, and/or applicable law to exercise that authority, and to lawfully authorize its
undersigned signatory to execute this contract and to bind the Local Agency to its terms. The
person(s) executing this contract on behalf of the Local Agency warrants that they have full
authorization to execute this contract.
O. The Local Agency and the State may use one or all of the Contract Modification
Tools contained in ADDENDUM B, in order to more expeditiously change and amend the terms
of this contract, if such use is warranted by the circumstances as described and authorized
therein.
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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
BILL OWENS, GOVERNOR
B,Y - r` By
bl� thief Clerk motive hirector
DEPARTMENT OF TRANSPORTATION
APPROVED:
ARTHUR L. BARNHART
State Controller
KEN SALAZAR
Attorney General
By
BA PYB. RY AN
Assistant Attorney General
Civil Litigation Section
ATTEST: (SEAL)
By
Title City Clerk
CITY O PUEBLO, C LORADO
By , 14 Lli
Title President of City Cou ncil
Federal Employer Identification
Number: 846000615
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rolorado Department of Transportation
DESIGN DATA
Metric I7 English
Page 1
Origin Date:
Project code: 12948
STIP number: PB3856
Revise Date:
Project number: STE M086 -030
PE Project Code PE Project Number
Revision #:
Region: 02
Status: i preliminary '_' final revised
Project description: Historic Preservation (El Pueb
Prepared by:
Revised b Y�
Countyl: Pueblo ICounty2: ICounty3:
Date:
Date:
Municipality: Pueblo
Submitted by Proj.Mgr
ANNANDR
Approved by Preconstruction Engineer:
System code: , IM NHS STP OTHER
Oversight: * CDOT FHWA OTHER
Date:
Planned length: 0
Geographic location:
Located in downtown pueblo, Colorado at the comer of West Ist Street and North Union Ave. The site is 2 1/2 blocks east of Interstate 25 and SH 50C
EXHIBIT A
Terrain type: Level Plains Rolling Urban Mountainous
Description of proposed construction /improvement (attach map showing site location)
The reconstruction /replication of the 1800's El Pueblo fort/trading post. The reconstruction project is located immediately northwest of the National
Register EI Pueblo Archaeological Site. It is intended to evoke the time period of 1842 El Pueblo.
Traffic (Note: use columns A, B, and /or C to identify facility described below)
i Current year: Future year:
Facility location
Facility
ADT
DHV
DHV % trucks
ADT
=DHV
Industrial
FCommercial I Residential
I Other
�
❑
1 ❑ 1 ❑
I ❑
B
❑
❑ ❑ ❑
IC
❑
❑ ❑ ❑
RdwyClass Route Refpt Endrefpt Functional classification Facility type
1. 00 0 0 Local Not Roadway
I
2.
3.
Design Standards (Identify substandard items with a checkmark in 1st column and clarify in remarks)
A= B= C=
Standard Existing Proposed Ultimate Standard I Existing I Proposed I Ultimate Standard Existing
Surface type
Typical section type
# of travel lanes
Width of travel lanes
(� Shoulder wd. It. /median
Shoulder wd rt. /outside
Side slope dist. ( "z ")
Median width
Posted speed
n Design speed
❑ Max. superelevation
'L7 Min. radius
Min. horizontal ssd
Min. vertical ssd
Max. grade
Project under ( —,, 1 R 3R 4R Other:
Variance in minimum design standards required (l Yes No
Justification attached ❑ Request to be submitted
Bridge (see item 4) ❑ See remarks
Stage construction
Resurfacing projects
Recommendations concerning safety aspects attached
criteria
Safety project
Not all standards
addressed
R code
Not Roadway
Ultimate
Existing guardrail meets current standards: r_ Yes No
Comments:
CDOT Form #463 6/97
Page 2
Project Code: 12948
Project Number: STE M086 -030
Revise Date: •
A Major Structures
S =to sta R =to be removed, 5 = proposed new structur
_ _ Standard Structure Horizontal Vertical Year
Structure ID# ❑ Length I Ref. Pointl Feature Intersected Width Rdwy Load I Clearance 1 Clearancei Built
Proposed treatment of bridges to remain in place (address bridge rail, capacity, and allowable surface thickness)
Project Characteristics (proposed)
!Lighting , i Handicap ramps
Median type: �—_ depressed , -, painted raised none
!Traffic control signals Striping
!Curb and gutter
i ICurb
only
Left -turn slots
I
icontinuous width =
,Sidewalk width =
!
Bikeway width =
Right -turn slots
continuous width =
Parking lane width =
I!
Detours
Signing: construction permanent
Landscape requirements: (description)
Other: (description)
EXHIBIT A
Right of Way Yes No Est. No.
ROW and /or perm. easement required: w
Relocation required:
Temporary easement required: V
Changes in access:
Changes to connecting roads:
Utilities (list names of known utility companies)
Railroad crossings # of crossings:
Railroad Name
greemen s
required
Present protection
Condition of x'ings
El
2 I
'
41
!
eco ons:
' Environmental envProjCode: approved under project #:
Dated:
F ; Major (refer to approved ROD) Z-7:1
Minor (refer to CDOT Form #128)
Intermediate (refer to approved FONSI)
Minor programmatic exclusion #:
omments:
1 Coordination
Withdrawn lands (power sites, reservoirs, etc.) cleared through BLM forest service office Irrigation ditch name:
New traffic ordinance required 17 1 Modify schedule of existing ordinance
Municipality:
Other:
Construction method noAdReason: , —, Design Local F/A
Advertised by: ��� State P.O. RR F/A Entity /Agency contact name:
Local Study Utility F/A Phone number:
None CDOT F/A _ Miscellaneous
Remarks (Include additional pages if needed)
Original to: Central files Copies to: Region Files, Region Env. Manager, Staff Design Branch (QA), PMO, ROW, Staff Bridge or where appropriate