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HomeMy WebLinkAbout05236 ORDINANCE NO. 5236 AN ORDINANCE APPROVING A REVISED MAINTENANCE CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPO- RATION AND THE STATE OF COLORADO, DIVISION OF HIGHWAYS AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME SECTION 1. A certain Revised Maintenance Contract, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between PUEBLO, a MUNICIPAL CORPORATION, and the STATE OF COLORADO, DIVISION OF HIGHWAYS, relating to the maintenance and installation of Traffic Control Devices on State Highways within the City Limits, be and the same is hereby approved. SECTION 2. The President of the Council is hereby authorized to execute said Contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED June 10 , 1985 By PAUL JONES Councilman APPROVED: et r 1' to f e /!' y Counc ATTEST: ) ity -lerk � . a DDh7 86 0151v MAINTENANCE CONTRACT (SENATE BILL 8) STANDARD CONTRACT THIS CONTRACT, made this /,-3MM day of 5 / e1 e r , 19 8.s by and between the State of Colorado for the use and benefit of THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, hereinafter referred to as the State, and THE CITY OF PUEBLO, STATE OF COLORADO, hereinafter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 2001, G/L Account Number 52046, Contract Encumbrance Number 20440 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, this contract is executed under authority of Sections 42 -4 -502, 43 -1 -106, 43 -2 -102, 43 - -2 -135 and 43 -2 -144, C.R.S., as amended and an applicable ordinance or resolution has been duly passed and adopted by the contractor, marked Exhibit "A ", attached hereto and made a part hereof; and WHEREAS, Section 43- 2- 135(i) C.R.S., as amended provides that the State shall install, operate, maintain and control at State expense all traffic control devices on the state highway system, within cities and incorporated towns; and WHEREAS, the State does not have the necessary equipment and manpower to operate and maintain the traffic control devices; and WHEREAS, the contractor has adequate facilities to operate and maintain such traffic control devices. NOW, THEREFORE, it is hereby agreed that: 1. The contract dated March 23, 1981, is hereby superseded and merged into this contract. 2. The contractor shall provide the manpower, equipment and services necessary to operate and maintain certain traffic control devices on state highways within the city limits, as determined and directed by the State. 3. The contractor shall from time to time in consultation with and upon advice and approval of the State, provide the State with lists identifying the specific traffic control devices to be operated and maintained by the contractor during the term of this contract. 4. The Cates to be charged by the contractor under this agreement shall be as set forth in Exhibit "B ", attached hereto and made a part hereof provided that the total charges to be paid by the State during each fiscal year of the contract term shall not exceed $104,950. The rates in Exhibit "B" shall remain constant throughout the term of this contract and shall be subject to State audit at any time during normal business hours. The contractor will bill the State monthly according to the rates as set forth in Exhibit "B ", and the State will pay such bills within 60 days. 5. The traffic control devices shall be maintained in conformance with applicable portions of the "Manual on Uniform Traffic Control Devices" and the "Colorado Supplement" thereto, referred to collectively as the "Manual" and incorporated herein by reference. 6. The State reserves the right to determine the quality and adequacy of maintenance under this contract. Any deficiencies will be brought to the attention of the contractor and a reasonable time will be allowed for compliance. In the event the contractor, for any reason, does not or cannot comply, the State reserves the right to do the work or have the work done by others and deduct the actual cost from the subsequent payments to the contractor. 7. The contractor will maintain both operational and cost records as the parties hereto may from time to time agree upon as being necessary to determine the adequacy of the control devices, both operationally and mechanically, to perform their intended function. Said records shall be available for review by the State during normal working hours. -2- 8. The Division of Highways will, through its District Engineer, be responsible for monitoring this contract for the State. All correspondence and billings should be addressed to him. The District Engineer's address for this contract is: F. L. Sollee, P. O. Box 536, 905 Erie Ave., Pueblo, CO 81102. 9. This contract affirms the permission granted to the contractor to maintain the traffic control devices pursuant to Section 42- 4- 502(2), C.R.S., as amended. 10. This contract shall remain in effect until such time as the State or contractor desires to change the rates, as shown in Exhibit "B" or change the total charges as shown in paragraph No. 4 whereupon this contract will be superseded and a new contract signed. Should changes in rates be desired, a revised Exhibit "B" shall be submitted to the District Engineer by March 1 of the designated year. 11. The Special Provisions which are attached hereto are made a part of this contract. • -3- IN WITNESS WHEREOF, the parties hereto have caused the foregoing contract to be executed the day and year first above written. STATE OF COLORADO ATTEST: RICHARD D. LAMM, GOVERNOR Ai B ief Clerk � Gt: Exec tive Direc or -� STATE DEPARTMENT OF UGHWAYS APPROVED: DUANE WOODARD State Controller Attorn: General By ` By _ . _ . .A 11 ► Aku � Y +:ERNYER JAMES A. STROUP Fir4 Assistant . torney General Natural Resources Section ATTEST: CITY OF PUEBL' COLORADO !z By i/ J/, , G,I - 1411 By / /i LT" y Clerk " Title TkEg v ,vr ay Tit € eoaNC'/L APPROVED AS TO FORM: City AttornOr -4- a Form 6-AC -02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a goal and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed. delivered and filed. no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the • prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in 8 -16 -101, CRS 1973, as amended. DISCRIMINATION AND AFFIKMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable law respecting discrimination and unfair employment practices (24 -34 -402, CRS 1979 supplement), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provi- sions shall be contained in all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that .employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous, places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non- discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will pennit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. page / of 2 pages Form 6-AC-02C - (7) In the event of the contractor's non - compliance with the non - discrimination clauses of this contract or ; with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspende1 in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs (1) through (8) in every sub - contract and sub - contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each sub - contractor or vendor. The contractor will take such action with respect to any sub - contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8 -17 -101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provisions is present. 9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above writt: . STATE OF COLORADO RICHARD D. LAMM. GOVERNOR Contractor By •S EXECUTIVE DIRECTOR. DEPARTMENT Position OF ._ Social Security Nu .•r or Federal I.D. Number APPROVALS ATTORNEY GENERAL CONTR LER By• 1 Page 2 which is the last of_ ___pages S • • r • STATE HIGHWAY - PAINTING LIN. FT. SH NO. LOCATION YELLOW WHITE COST /FT. TOTAL 96 Highway 50 -B to Long St. 69,432 32,460 $0.09 $ 9,170 227 4th St. to Portland - 2,980 0.09 268 50 -B Troy Ave.X -walks & Stop Bars- 1,360 0.09 122 I -25 Frontage Rd. SH 47 to Dillon Dr. 1,500 1,720 0.09 290 50 -C 4th St. to Bennett 7,900 7,080 0.09 1,348 45 Prairie to Goodnight (X -walks & Stop Bars Only) - 7,080 0.09 636 TOTAL 78,832 52,680 $11,836 Total Street Miles 7.5 miles Monthly cost per mile $131.50 STATE HIGHWF_Y TRAFFIC SIGNALS ENERGY MAINT. COST COST TOTAL SH NO. LOCATION 1983 1983 COST 96 4th St. & Portland Ave. 1,126.44 1,058.16 2184.44 96 4th St. & LaCrosse Ave. 551.04 1,058.16 1609.20 96 & 227 4th St. & Joplin Ave. 846.72 1,058.16 1904.88 96 4th St. & Glendale Ave. 478.80 1,058.16 1536.96 96 4th St. & Fountain Ave. 450.24 1,058.16 1508.40 96 4th St. & Chester Ave. 683.76 1,483.08 2166.84 96 4th St. & Bradford Ave. 777.84 1,483.08 2260.92 96 & 50C 4th St. & Santa Fe Ave. 737.52 1,483.08 2220.60 96 4th St. & Main St. 392.28 1,483.08 1875.36 96 4th St. & Court St. 624.12 1,483.08 2107.20 96 4th St. & Grand Ave. 451.92 1,483.08 1935.00 96 4th St. & Greenwood St. 361.20 1,483.08 1844.28 96 4th St. & Elizabeth St. 577.92 1,483.08 2061.00 96 Lincoln St. & Abriendo Ave. 1,360.80 1,058.16 2418.96 96 Lincoln St. & Evans Ave. 487.20 1,058.16 1545.36 96 Lincoln St. & Orman Ave. 396.64 1,058.16 1454.80 96 Thatcher Ave. near Acero (Mid -Blk) 341.88 1,058.16 1400.04 96 Thatcher Ave. & Prairie Ave. 1,565.76 1,058.16 2623.92 96 Thatcher Ave. near Henry(Mid -Blk.) 546.84 1,058.16 1605.00 96 & 45 Pueblo Blvd. & Thatcher Ave. 1,679.16 1,058.16 2737.32 45 Pueblo Blvd. & Goodnight 1,433.04 1,058.16 2491.20 45 Pueblo Blvd. & Red Creek Sps.Rd. 1,323.84 1,058.16 2382.00 45' Pueblo Blvd. & Lehigh Ave. 1,280.96 1,058.16 2339.12 45 & 78 Pueblo Blvd. & Northern Ave. 1,513.68 1,058.16 2571.84 45 Pueblo Blvd. & Surfwood Ave. 381.16 1,058.16 1439.32 45 Pueblo Blvd. & Vinewood Ave. 782.04 1,058.16 1840.20 45 Pueblo Blvd. & Hollywood 1,336.44 1,058.16 2394.60 45 Pueblo Blvd. near Lancaster (Mid - Block) 253.68 1,058.16 1311.84 45 Pueblo Blvd. & Prairie Ave. 1,493.52 1,058.16 2551.68 45 Pueblo Blvd. & Lake Ave. 732.48 1,058.16 1790.64 50 -A Hwy 50 -A & Baltimore 713.16 1,058.16 1771.32 50 -A Hwy 50 -A & Morris Ave. 771.96 1,058.16 1830.12 50 -A Hwy 50 -A & Elizabeth St. 949.20 1,058.16 2007.36 50 -B Hwy 50 -B & Troy Ave. 1,218.00 1,058.16 2276.16 50 -B Hwy 50 -B & Norwood Ave. 983.64 1,058.16 2041.80 50 -B Hwy 50 -B & Hudson Ave. 1399.44 1,058.16 2457.60 50E -C Santa Fe Ave. & Ilex St. 1,281.00 1,058.16 2339.16 50 -C Santa Fe Ave. & First St. 468.72 1,483.08 1951.80 50 -C Santa Fe Ave. & Second St. 384.72 1,483.04 1867.76 25 I -25 & US 50A /Front. Rd.(2 Signals) 1,853.04 1,058.16 2911.20 25 I -25 & 29th St /Front.Rd. (2 Signals)1,640.52 2,116.32 3756.84 25 I -25 & First St. 573.72 1,058.16 1631.88 227 Joplin Ave. near 1st St. (mid - block) 241.08 1,058.16 1299.24 30194.72 50808.04 03002• -r44 37,447.12 88,255.16 r `. ' ' ^. of Colorado ' �°"m*w^°" " Dept. Division of I Date 19 __ 0.o,H: Form No. y5-, . Revised May, m/o � BILLING FOR MAINTENANCE OF TRAFFIC CONTROL DEVICES ' By Agreement Pay to: Treasurer, In accordance with Agreement dated , 19 between the State Department of Highways and For Maintenance of Traffic Control Devices (signing, striping, and signals) on State Highways with- in the City At a monthly rate of: Signing & Striping __-__nni|es @$ /mile = $ Signing 7 . 5 miles @) $ 54 /mile = $ 405'00 ^ • Striping 7,5 miles @)$ 131^50 / = $ 986^26 - See Signal location 45 78f- locations ��$ At+ /ea. = $ ' Sampling Station _____locations @$ /ea. = $ Emergency Signal location locations @$ /ea. = $ $ 8,745.85 ^~ �� NET PAYMENT = � ��0� ^ Payment is hereby requested for month of , 19_____ By the City of Submitted by Title Payment Approved By Title Charge to Cost Center Distribution: ORIGINAL (WHITE) — ACCOUNTING DUPLICATE <vsLLow>—ACCOUNTING TRIPLtCATE (PINK) — MAINTENANCE SECTION QUADRUPLICATE GREEN) — DISTAICT ENGINEER CO w M re) 01 01 N N N N r4 N M O C\ 4-1 N N .-I E-4 in- N- U . 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