HomeMy WebLinkAbout09293RESOLUTION NO. 9293
A RESOLUTION APPROVING A CONTRACT, PROJECT NO.
STA M086 -036 (13653) BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE COLORADO
DEPARTMENT OF TRANSPORTATION, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE THE SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The contract between the City of Pueblo, a Municipal Corporation, and the Colorado
Department of Transportation concerning the installation of a traffic signal at the intersection of
I" Street and Grand Avenue (Project# STA M086 -036) is hereby approved.
SECTION 2.
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.
SECTION 3
Matching funds in the amount of $31,839 will be made available through the capital
improvement fund, project number CP9702 — I" Street Improvements.
INTRODUCED: May 14, 2001
APPROVED:
ATTESTED BY: ,
CITY COUNCIL
(FMLAWRK) [Federal Funds/Local Match, Local Agency does all work]
PROJECT # STA M086 -036, SUBACCT 13653
REGION 2,/(reo)
Rev 2/00
01 HA2 00089
CONTRACT
THIS CONTRACT, made this 7 day of , 20 0 1 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 the CITY OF PUEBLO, a
Municipal Corporation, 350 Grand Avenue, Pueblo, CO 81003, 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 3301, Object 2312 1P, Phase C Reporting Category 2250, Contract
Encumbrance Number 13653, (Contract Encumbrance Amount: $175,749.00).
2. Required approval, clearance and coordination have been accomplished from and with
appropriate agencies.
3. Pursuant to Title I, Subtitle A, Section 1108 of the Transportation Equity Act for the 21 st
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.
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
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program, including the administration of federal funds for a program project performed by a local
agency under a contract with the State.
5. The Local Agency has requested that a certain local highway project be funded as part of the
program, 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.
6. Federal -aid funds have been made available for project, STA M086 -036, which shall consist
of a signal installation and other improvements at the intersection of 1 St Street and Grand Avenue,
herein referred to as "the project" or "the work" in Pueblo, Colorado, specifically described in
Exhibit A, attached hereto and made part hereof (the Form #463 and/or a "Scope of Work ").
7. The matching ratio for this federal -aid project is 82.79% federal -aid funds to 17.21% 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 %.
8. 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.
9. 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.
10. This contract is executed under the authority of §§ 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.
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11. The parties hereto desire to agree upon the division of responsibilities with regard to the
prof ect.
12. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily
complete some or all of the Work.
13. 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(. ,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, 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.
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H. PROJECT DESCRIPTION
"The project" or "the Work" under this contract shall consist of a signal installation and other
improvements at the intersection of 1 St Street and Grand Avenue, 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 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 and standards as specifically indicated 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.
V. PROJECT FUNDING PROVISIONS
The funding provisions for the project are attached hereto and incorporated herein as Exhibit C.
VI. PROJECT PAYMENT PROVISIONS
A. 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, subject to the terms and
conditions of this contract. Provided, however, that charges incurred by the Local
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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.
B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of
performance of the Work, not exceeding the maximum total amount described in Exhibit
C. The applicable principles described in Title 49, Code of Federal Regulations, Part 18
(the "Common Rule'), Subpart C ( "Financial Administration "), including 49 C.F.R.
18.22, shall govern the allowability and allocability of costs under this contract. The
Local Agency shall comply with all such principles. To be eligible for reimbursement,
costs by the Local Agency shall be:
1. in accordance with the provisions of Exhibit C and with the terms and conditions
of the contract.
2. necessary for accomplishment of the Work.
3. reasonable in amount for the goods and services provided.
4. actual net cost to the Local Agency (i.e., the price paid minus any refunds, rebates,
or other items of value received by the Local Agency that have the effect of
reducing the cost actually incurred).
5. incurred for Work performed subsequent to the effective date of this contract.
6. satisfactorily documented.
C. The Local Agency shall establish and maintain a proper accounting system in accordance
with generally accepted accounting standards (a separate set of accounts, or as a separate
and integral part of its current accounting scheme) to assure that project funds are
expended and costs accounted for in a manner consistent with this contract and project
objectives.
1. All allowable costs charged to the project, including any approved services
contributed by the Local Agency or others, shall be supported by properly
executed payrolls, time records, invoices, contracts or vouchers evidencing in
detail the nature of the charges.
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2. Any check or order drawn up by the Local Agency, including any item which is or
will be chargeable against the project account shall be drawn up only in
accordance with a properly signed voucher then on file in the office of the Local
Agency, which will detail the purpose for which said check or order is drawn. All
checks, payrolls, invoices, contracts, vouchers, orders or other accounting
documents shall be clearly identified, readily accessible, and to the extent feasible,
kept separate and apart from all other such documents.
D. 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 Exhibit C. 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.
E. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be
as follows:
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.
F. The Local Agency will prepare and submit to the State monthly charges for costs incurred
relative to the project. The Local Agency's invoices shall include a description of the
amounts of services performed, the dates of performance and the amounts and description
of reimbursable expenses. The invoices will be prepared in accordance with the State's
standard policies, procedures, and standardized billing format attached hereto and made a
part hereof as Exhibit D.
G. To be considered for payment, billings for payment pursuant to this contract must be
received within 60 days after the period for which payment is being requested and final
billings on the contract must be received by the State within 60 days after the end of the
contract term.
1. Payments pursuant to this contract shall be made as earned, in whole or in part,
from available funds, encumbered for the purchase of the described services. The
liability of the State, at any time, for such payments shall be limited to the amount
remaining of such encumbered funds.
2. In the event this contract is terminated, final payment to the Local Agency may be
withheld at the discretion of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission, error, fraud, or
defalcation shall be recovered from the Local Agency by deduction from
subsequent payment under this contract or other contracts between the State and
Local Agency, or by the State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under the Common
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Rule shall be reimbursed by the Local Agency, or offset against current
obligations due by the State to the Local Agency, at the State's election.
VII
Q
C
Q
VIII.
Ia
I.
STATE COMMITMENTS
The State will provide liaison with the Local Agency through the State's Region Director,
Region 2, 905 Erie Ave., 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 routine correspondence
shall be addressed as follows:
If to State:
Dave Miller
CDOT Region 2
905 Erie Ave.
Pueblo, CO 81002
(719) 546 -5452
If to the Local Agency:
Pepper Mahon
City of Pueblo
350 Grand Avenue
Pueblo, CO 81003
(719) 545 -5840
The State will reimburse the Local Agency for the federal -aid share of the project
charges, as provided in Exhibit 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.
The State will perform a final project inspection prior to project acceptance as a Quality
Control/Assurance activity. When all project work has been satisfactorily completed, the
State will sign the FHWA form 1212.
LOCAL AGENCY COMMITMENTS
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. provide final assembly of Plans and contract documents.
7. be responsible for the Plans being accurate and complete.
8. make no further changes in the Plans following the award of the construction contract
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.
II. If the Local Agency is the responsible party:
1. 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.
2. 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) 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 in Attachment #1, which is incorporated herein by this reference. If the Local
Agency does enter into a contract with a consultant for the work:
a) it shall (or its consultant shall) submit any design consultant subcontract to
CDOT for approval prior to its execution by the Local Agency /Contractor, as
required by § 172.5 (d);
b) it shall ensure that all changes in the consultant 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) it shall require that 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 as
Attachment 2;
d) it shall (or its consultant shall) also use the CDOT procedures as described in
Attachment #1 to administer that design consultant subcontract, to comply with §
172.5(b) and (d);
e) it may expedite any CDOT approval of its procurement process and/or
consultant contract by submitting a letter to CDOT from the certifying Local
Agency's attorney and/or authorized representative certifying compliance with those
CDOT Attachment #1 procedures and with the requirements of § 172.5(b) and (d).
f) it shall ensure that its consultant contract complies with the requirement of 49
CFR § 18.36(i) and contains the required provisions, as well as the following
language which shall be included 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."
B. CONSTRUCTION.
I. If "the Work" includes construction, the party that is responsible under Section IV for the
construction/construction administration (either the Local Agency or the State) shall perform
the construction in accordance with the approved design plans and/or administer the
construction all in accord with the project's Pre - construction and Construction 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.
II. If the Local Agency is the responsible party:
1. 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
LATE shall administer the project in accordance with this agreement, the
requirements of the construction contract, and 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
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construction of the project (as provided in § 12 -25 -102 C.R.S. as amended),
notwithstanding any exception described in § 12 -25 -103, C.R.S., as amended.
2. if bids are to be let for the construction of the project, it shall advertise the call for
bids in conjunction with the State 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. CDOT must
receive written notification of the Local Agency's concurrence or non -
concurrence within seven days after said bids are publicly opened. In the
event that the Local Agency fails to provide its written notification within the
seven day period, the local Agency's concurrence will be presumed.
C) By indicating its concurrence in such award, 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.)
3. if 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 ensure that all such force account work
is accomplished in accordance with the pertinent State specifications and
requirements and with 23 C.F.R. Part 63 5, 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 § 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 §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.
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.
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
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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.
The Local Agency shall perform all work in accord with the requirements of current federal
and state environmental regulation including the National Environmental Policy Act of 1969
(NEPA) as applicable.
G. RECORD KEEPING.
I. 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.
H. 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
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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
The Local Agency will comply with the requirements of Appendix B and the Construction
Contract Administration Checklist regarding DBE requirements for the work, except that 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 its 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 does not waive or modify the sole responsibility of the Local Agency for its use as
described above.
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K. LOCAL AGENCY FUNDS
The Local Agency shall provide its match share and indirect cost funds for the work as
outlined in Exhibit C.
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:
1. 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.
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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.
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.
2. 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.
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
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
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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.
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.
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K. The Special Provisions, Attachment LO (Certification for Federal -Aid Contracts), and
Appendix B (DBE requirements) and Addendum B, Contract Modification Tools, 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 IX, paragraph K,
above; and
2. This contract proper;
3. Other contract exhibits and attachments, in descending order of their attachment.
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.
-19-
ti. 1
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first above written.
STATE OF COLORADO
ATTEST: BILL OWENS, GOVERNOR
By By 0
Chief Clerk j z�j Exec utiv irector
DEPAR MENT OF TRANSPORTATION
APPROVED:
ARTHUR. L. BARNHART KEN SALAZAR
State Controller Attorney General
By By/
As ;*" orney General
vil Litigation Section
I
ATTEST: (SEAL) CITY PF PU , COLORADO
,B
Title City Clerk
Titl P►esident of the City Council
Federal Employer Identification
Number: 846000615
-20-
Cqlorado Department of Transportation Origin Date: 03/16/2001
D ES t G N DATA Revise Date:
❑ Metric F-/� English Revision #:
Page 1 Region: 02
Status: 0 preliminary 40 final 0 revised
Prepared by: Revised by:
David Miller
Date: 03/16/2001 Date:
Sub^rtted by proi Mgr Aprro:ed by Preconstruction Engineer:
Date: 03 /16/2001 l
Geographic location:
Intersection of 1 st Street and Grand Avenue in Pueblo
Project code: 13653 1 STIP n u mb er. PB530
Proiect number. STA M086 -036
Project description: Signal, 1st & Grand, Pueblo
,ountyl: Pueblo ICounty2: ICounty3:
Municipality: Pueblo
System code: 0 IM 0 NHS 0 STP 0 OTH
Oversight: 0 CDOT 0 FHWA 0 OTH
Planned length: 0
EXHIg""IT A
Terrain type: 0 Level 0 Plains 0 Rolling ® Urban 0 Mountainous
Description of proposed constructionfimprovement (attach map showing site location)
Signal installation, striping, minor curb & gutter replacement & widening
Traffic (Note: use columns A, B, and/or C to identify facility described below)
Current vear. 2000 Future year: 2020
B 1st Street
8000
1 2% 1 124UO 1 2%
Facility location
Facility
ADT
DHV
DHV % trucks
I ADT
Facility type
I Industrial
commerciall
Residential
I Other
A Grand Ave.
8900
Local
2%
T 13800
2%
❑
Z
I ❑
I ❑
B 1st Street
8000
1 2% 1 124UO 1 2%
1 U I M I Li I LJ
C
I
I ❑ 1 ❑ 1 ❑ 1 ❑
RdwyClass
Route Refpt Endrefpt Functional classification
Facility type
Rural code
1.
na
0
0
Local
Not Roadway
Min. horizontal ssd
50,000 - 199,999
2.
Min. vertical ssd
3.
Max. grade
Design Standards
(Identify substandard 'items with a checkmark in 1 st column and clarify in remarks)
A = Grand Ave. I B= 1s S treet I C=
Project under 0 1 R 0 3R 0 4R 0 Other.
criteria
Standard I
Existing
Proposed
Ultimate I
Standard I
Existing I
Proposed I
Ultimate I
Standard I
Existing I
Proposed I
Ultimate
❑ Surface type Asph Asph Asph Asph
❑ Typical section type
❑ # of travel lanes 5 4 5 5
❑ Width of travel lanes loft 10 ft 10 ft loft
❑ Shoulder wd. ft. /median
❑ Shoulder wd rtJoutside
❑ Side slope dist. z"
❑ Median width
Posted speed
25 1 25 1 25 1 25
J
Max. superelevation
Min. radius
Min. horizontal ssd
Min. vertical ssd
Max. grade
Project under 0 1 R 0 3R 0 4R 0 Other.
criteria
Variance in minimum design standards required 0 Yes 0 No
❑ Justification attached ❑ Request to be submitted
❑ Bridge (see item 4) ❑ See remarks
❑ Safety project
Not all standards
addressed
n Stage construction
Resurfacing projects
F Recommendations concerning safety aspects attached
Existing guardrail meets current standards: 0 Yes 0 No
Comments:
CDOT Fnrm M93 R /97
?age 2
Project Code: 13653
Project Number. STA M086 -036
Revise Date:
Major Structures
=to sta , R--to be removed, P - - proposed new structur. Standard Structure Horizontal Vertical Year
Structure ID# Length Ref. Point Feature Intersected Width Rdwy Load Clearance Clearance Built
Proposed treatment of bridges to remain in place (address bridge rail, capacity, and allowable surface thickness)
Project Characteristics (proposed)
✓ Lighting ✓ Handicap ramps
Median type: 0 depressed 0 painted 0 raised ® none
✓ Traffic control signals ✓ Striping
✓ Curb and gutter ✓ Curb only
Left -tum slots continuous width =
✓ Sidewalk width = 6 ft Bikeway width
7 Right -tum slots continuous width =
Parking lane width = Detours
Signing: Pconstruction D-/ permanent
Landscape requirements: (description)
N/A
Other: (description)
Right of Way Yes No Est. No.
ROW and/or perm. easement required: 0 •
Relocation required: 0 ®
Temporary easement required: 0
Changes in access: 0
Changes to connecting roads: 0 •
Utilities (list names of known utility companies)
Board of Water Works
Public Service
QWest Communication
Railroad crossings # of crossings:
Railroad Name
Agreements
required
Present protection
Condition of sings
1
2
❑
3
❑
41 1
❑
Recommendations:
• Environmental
Categorical Exclusion or Programmatic CE number CDOT Form #128 (date) Revised CDOT Form #128 (date)
FONSI approved on (date) under (project number) (project code)
ROD approved on (date)under (project number) (project code)
Comments:
1 Coordination
Withdrawn lands (power sites, reservoirs, etc.) cleared through BLM forest service office Irrigation ditch name:
New traffic ordinance required I ❑ Modify schedule of existing ordinance
Municipality: City of Pueblo
Other.
Construction method noAdReason: 0 Design 0 Local F/A
Advertised by: 0 State 0 P.O. 0 RR F/A Entity/Agency contact name: Pepper Mahan
0 Study 0 Utility F/A
® Local Phone number: (719) 545 -5840
0 None 0 CDOT F/A 0 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