Loading...
HomeMy WebLinkAbout08594ORDINANCE NO. 8594 AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO WEST METROPOLITAN DISTRICT FOR TRAFFIC SIGNAL MAINTENANCE AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract, a copy of which is attached hereto, having been approved as to form by the City Attorney, between the City of Pueblo, a Municipal Corporation, and the Pueblo West Metropolitan District, relating to the maintenance of traffic signals within the Pueblo West Metropolitan District is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver the Contract in the name of the City and the City Clerk is directed to attest same and affix the Seal of the City thereto. INTRODUCED: May 13, 2013 BY: Chris Kaufman PASSED AND APPROVED: May 28, 2013 Background Paper for Proposed ORDINANCE DATE: May 13, 2013 AGENDA ITEM # R-5 DEPARTMENT: PUBLIC WORKS EARL WILKINSON, P.E. – DIRECTOR TITLE AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO WEST METROPOLITAN DISTRICT FOR TRAFFIC SIGNAL MAINTENANCE AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME ISSUE Should City Council approve a Contract with the Pueblo West Metropolitan District for traffic signal maintenance? RECOMMENDATION Approve the Ordinance. BACKGROUND The City of Pueblo, Traffic Maintenance Division was approached by the Pueblo West Metropolitan District about City crews maintaining six District owned traffic signals. After a field evaluation of the traffic signals and evaluation of manpower, the Department has determined that entering into this contract would be to the benefit of the City. Contract is similar to the maintenance contract the Department currently has with the Colorado Department of Transportation. FINANCIAL IMPACT The Contract pays to the City of Pueblo $16,500 a year for the maintenance of six traffic signals. Traffic Signal Maintenance CONTRACT This CONTRACT made this 28thday of May 20 13 , by and between the Pueblo West Metropolitan District, a Colorado Special District, 109 Industrial Blvd, Pueblo West, Colorado 81007 hereinafter referred to as the "DISTRICT" and the CITY OF PUEBLO, a Municipal Corporation, P.O. Box 1427, Pueblo, Colorado 81003 hereinafter referred to as the "CITY" or "CONTRACTOR." RECITALS 1. This is an intergovernmental agreement contemplated and authorized pursuant to CRS 29 -1- 201, et seq., permitting and encouraging governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments. 2. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and District costs in Fund Number 01- 407 -6520. 3. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 4. The District is required to install, operate, maintain and control, at District expense, all traffic control devices on the Pueblo West roadway system. 5. The parties desire to enter this Contract for the Contractor to provide some or all of the certain maintenance services on Pueblo West roadways that are the responsibility of the District under applicable law, and for the District to pay the Contractor a reasonable negotiated fixed rate for such maintenance services. 6. The Contractor has adequate facilities and equipment to perform the desired maintenance services on Pueblo West roadways. THE PARTIES NOW AGREE THAT: Section 1 - Scope of Work All of the specific locations and type of traffic control devices to be maintained by the Contractor pursuant to this contract are described in Exhibit A, attached hereto and incorporated herein. Such services and roadways are further detailed in Section 5. Section 2 - Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, they shall be resolved by reference to the documents in the following order of priority: Page 1 of 11 1. Special Provisions contained in Section 22 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Other Exhibits in descending order of their attachment. Section 3 — Term This contract shall be effective upon approval of the Pueblo West Metropolitan Board or designee, or on the date made, whichever is later. The term of this contract shall be for a term of FIVE (5) years. Provided, however, that the District's financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise made available therefore. Section 4 - Project Funding and Payment Provisions A. The City has estimated the total cost of the work and is prepared to accept the District funding for the work, as evidenced by an appropriate ordinance duly passed and adopted by the Pueblo City Council, which expressly authorizes the City to enter into this contract and to complete the work under the project. A copy of this ordinance is attached hereto and incorporated herein as Exhibit B. B. Subject to the terms of this Contract, for the satisfactory performance of the maintenance services on the District roadways, as described in Section 5, the District shall pay in monthly installments, upon receipt of the Contractor's statements, as provided herein. 1. The District shall pay the Contractor for the satisfactory maintenance of traffic control devices under this contract at the rates described in Exhibit A, which is attached hereto and made a part hereof. Provided, however, that the total charges to be paid by the District during each fiscal year beginning January 1 and ending December 31 , for maintenance services, shall not exceed a maximum amount of $16,500 without the benefit of a supplemental agreement executed prior to any such excess charges being incurred. In addition to the payment for maintenance services, District agrees to reimburse Contractor, at Contractor's actual cost, for the replacement of traffic control equipment, according to Exhibit A. 2. The Contractor will bill the District monthly and the District will pay such bills within 60 days. 3. If the Contractor fails to satisfactorily perform the maintenance for a signalized location, or if the statement submitted by the Contractor does not adequately document the payment requested, after notice thereof from the District, the District may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that segment or portion. Page 2 of 11 Section 5 - District and Contractor Commitments A. The Contractor shall perform the "traffic signal maintenance services" for the Pueblo West locations described herein. Such services and locations are detailed in Exhibit A (Scope of Work). B. The Contractor shall maintain the specific traffic control devices, and at the particular locations, all as listed on Exhibit A, in a manner that is consistent with all current public safety standards on roadways within the state of Colorado, and in conformance with applicable portions of the "Manual on Uniform Traffic Control Devices" and the "Colorado Supplement" thereto, which are referred to collectively as the "Manual" and which are incorporated herein by reference as terms and conditions of this Contract. The Contractor shall provide all personnel, equipment, and other services necessary to satisfactorily perform such maintenance. C. The District shall have the option to delete, at any time during the term of this Contract, one or more specific traffic control devices from those listed in Exhibit A, and therefore amend the Work to be performed by the Contractor under this Contract. The deletion of a traffic control device shall result in a payment reduction from District to Contractor according to the payment scheduled described in Exhibit A. D. The District or Contractor may propose, in writing, other potential specific traffic control devices to be maintained by the Contractor during the term of this contract, based on the same rates that had been initially agreed to by the Contractor in Exhibit A. If the District determines in writing that maintenance of those other devices by the Contractor is appropriate, and is desirable to the District, and if the Contractor agrees to add such devices to this contract, then the District shall, by written Change Order, add such devices to this contract, provided the Contractor agrees in writing to the addition of any traffic control device. E. The Contractor shall perform all maintenance services on an annual basis. The Contractor's performance of such services shall comply with the same general standards that are currently used by the Colorado Department of Transportation and other municipalities within the state of Colorado. The Contractor shall submit Traffic Signal Preventive Maintenance Reports for each District owned signal listed in Exhibit A. These forms shall be submitted each year in June and December. F. The Contractor shall perform the maintenance services in a reasonable manner and in accordance with the terms of this Contract. The District will notify the Contractor in writing of any deficiency in the maintenance services. The Contractor shall commence corrective action within a reasonable time of receiving actual notice of such deficiency. G. Signal inspections described in Exhibit A shall be accounted for within the duration of this contract. Inspection documentation of all devices listed in Exhibit A shall be kept by the Page 3 of 11 Contractor and submitted semi - annually to the District Project Manager listed in this contract. Section 6 - Record Keeping The Contractor shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Contractor shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Contractor shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the District to inspect the project and to inspect, review and audit the project records. Section 7 - Termination Provisions This contract may be terminated as follows: This Contract may be terminated by either party, but only at the end of the District fiscal year (December 31) and only upon written notice thereof sent by registered, prepaid mail and received by the non - terminating party not later than 30 calendar days before the end of that fiscal year. In that event, the District shall be responsible to pay the Contractor only for that portion of the traffic control device maintenance services actually and satisfactorily performed up to the effective date of that termination, and the Contractor shall be responsible to provide such services up to that date, and the parties shall have no other obligations or liabilities resulting from that termination. Section 8 - Legal Authority The City warrants that it possesses the legal authority to enter into this contract and 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 City to its terms. The person(s) executing this contract on behalf of the City warrants that such person(s) has full authorization to execute this contract. Section 9 - Representatives and Notice The District will provide liaison with the Contractor through the District's Public Works Director, 280 McCulloch Blvd, Pueblo West, CO 81007. Said Director will also be responsible for coordinating the District's activities under this contract and will also issue a "Notice to Proceed" to the Contractor for commencement of the Work. All communications relating to the day -to -day activities for the work shall be exchanged between the District's Public Works Director and the City's Traffic Engineer. Either party may from time to time designate in writing new or substitute representatives. Page 4 of 11 If to District: If to City: Dan Centa Pepper Whittlef Public Works Director Traffic Engineer 280 N. McCulloch Blvd. 350 Alan Hamel Avenue Pueblo West, Colorado 81007 Pueblo, Colorado 81003 (719) 547-5061 (719) 553-2722 Section 10 - Successors 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. Section 11 - Third Party Beneficiaries 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 District and the City. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the District and the City that any such person or entity, other than the District or the City receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 12 - Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24 -10 -101, et seq., C.R.S., as now enacted or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of alleged negligence of the District and City, their departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24 -10 -101, et seq., C.R.S., as now enacted or hereafter amended and the risk management statutes, §§ 24 -30 -1501, et seq., C.R.S., as now enacted or hereafter amended. Section 13 - Severability 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. Section 14 - Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Page 5 of 11 Section 15 - Entire Understanding 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 writing executed and approved pursuant to the District Fiscal Rules. Section 16 - Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto, which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the parties as provided herein in the event of such failure to perform or comply by the parties. Section 17 - Modification and Amendment A. 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 provided above, 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. B. Either party may suggest renegotiation of the terms of this Contract, provided that the Contract shall not be subject to renegotiation more often than annually, and the parties further agree that neither party shall be required to renegotiate. If the parties agree to change the provisions of this Contract, the renegotiated terms shall not be effective until this Contract is amended /modified accordingly in writing. Provided, however, that the rates will be modified only if the party requesting the rate change documents, in accord with then applicable cost accounting principles and standards (including sections 24 -107 -101, et seq., C.R.S. and implementing regulations), that the requested increase /decrease is based on and results from (and is proportionate to) an increase /decrease in the "allowable costs" of performing the Work. Section 18 - Change Orders and Option Letters A. Bilateral changes within the general scope of the Contract, as defined in Section 1 above, may be executed using the change order letter process described in this paragraph for any of the following reasons. 1. Where the agreed changes to the specifications result in an adjustment to the price, delivery schedule, or time of performance. Page 6 of 11 2. Where the agreed changes result in no adjustment to the price, delivery schedule, or time of performance. The change order shall contain a mutual release of claims for adjustment of price, schedules, or time of performance. 3. Where the changes to the contract are priced based on the unit prices to be paid for the goods and /or services established in the contract. 4. Where the changes to the contract are priced based on established catalog generally extended to the public. B. Other bilateral modifications not within the terms of this paragraph must be executed by formal amendment to the contract, approved in accordance with state law. Section 19 — Disputes If a dispute or claim arises out of or relates to this contract, the parties shall continue to perform under this agreement and shall attempt to settle their differences through direct negotiations in good faith and in a commercially reasonable manner. Any dispute which cannot be settled by negotiation must be settled by binding arbitration by an arbitrator agreed to by both parties. If the parties cannot agree on an arbitrator then the parties shall request arbitration by the American Arbitration Association. The costs of arbitration, including the fees and expenses of the arbitrator(s), will be shared equally by the parties. Section 20 - Does not supersede other agreements This Contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect between the District and the City Section 21 Subcontractors The City may subcontract for any part of the performance required under this Contract, subject to the City first obtaining approval from the District for any particular subcontractor. The District understands that the City may intend to perform some or all of the services required under this Contract through a subcontractor. The City agrees not to assign rights or delegate duties under this contract [or subcontract any part of the performance required under the contract] without the express, written consent of the District [which shall not be unreasonably withheld]. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. Section 22 SPECIAL, PROVISIONS 1. FUND AVAILABILITY. CRS 24 -30- 202(5.5). Financial obligations of the District payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Page 7of11 2. LIMITATION OF LIABILITY. Neither party will be liable for any indirect, incidental, special or consequential damages, including but not limited to the loss of use of the traffic signal devices or the cost of substituted services which arise out of performance or failure to perform any obligation contained within this agreement or out of negligence in the course of such performance, whether the claim for damages is based in contract, tort (including negligence) or otherwise. City's maximum liability to District for any claim for damages relating to performance or nonperformance under this agreement will be limited to recovery of the payments made by District to City pursuant to Section 4 of this contract. 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24 -10- 101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the District. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the District pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the District does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied to bind the District to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by the District) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON- DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. 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. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. EMPLOYEE FINANCIAL INTEREST. CRS 24 -18 -201 AND 24 -50 -507. The Signatories aver that to their knowledge, no employee of the District has any personal or beneficial interest whatsoever in the service or property described in this contract. Page 8 of 11 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: DISTRICT: City of Pueblo, CO, Pueblo West Metropolitan District a Municipal Corporation i !7 nor ' • si a ent of City Council Me ropolitan District Boar Chair 7 Stephen G. Nawrnrki C- AC Print Name Print Name ( May 28, 2013 - O". Date Date Approved as to Form: Approved as to Form: >4/ • - City Attorney Pueblo West Attorney Attest (SEAL) By � ; . 11. City 40. Page 9 of 11 Exhibit A Scope of Work Pueblo West Metropolitan district Traffic Signals The City shall inspect, maintain, repair and perform traffic engineering on the District's traffic signals. • The City shall analyze turn movement volumes, make recommendations of optimal signal timing and implement timings. • The City shall perform twice monthly inspections of all approaches at each location and submit documentation to the District in December and June for each year of this contract. Inspection shall include, but not be limited to ensuring that: o Each signal lens is clean, operating and visible o The signal timing is operating as programmed o Pedestrian push buttons are operational o The controller and cabinet are clean and in good repair o Back -up power is tested for proper operation o Vehicle detection is operating properly o The conflict monitor is tested and operating as designed o All signs are attached and in good condition (signs shall be provided by the District) • Any defects found at these intersections shall be remedied within a reasonable time frame. Defects and remediation shall be documented and kept on file at the City and copies to the District. Any defects not remedied within one month of discovery shall incur a price reduction to the monthly compensation of $250.00 per defective signal until all defects of the signal are remedied. • Upon notification, the City shall respond immediately when emergency repairs are required and shall respond as soon as practicable for any other signal problem. • Yearly signal inspections shall include a cursory visual inspection of all signal caissons, bolts, steel poles and mast arms, welds, pull boxes, sign brackets and all attachment hardware. The City shall submit documentation of yearly inspection to the District in June. Bolts shall be tightened as necessary. Any deficiencies found in bolt tightening and attachment hardware shall be corrected immediately. Any infrastructural or structural deficiencies shall be documented and brought to the attention of the project manager. • The District will reimburse the City's actual costs for replaced or damaged equipment. Reimbursement shall be in the form of equipment. Equipment eligible for reimbursement shall include, but is not limited to, cameras, camera processors, controllers, cabinets, conflict monitors, LED signal and pedestrian indications (standard and countdown) and housings, battery back -up systems, communication radios, pedestal poles, pull boxes, push buttons, DC isolators, load switched and flash relays. The replaced equipment shall be returned to the District. The City shall document the equipment reimbursed by the District in the signal call report or the traffic signal preventive maintenance report, whichever applicable. In the event that Page 10 of 11 the City contracts out work in excess of $500, such as conduit installation for rewiring, the City shall first obtain approval from the District and once the work is complete, submit an invoice to the District for payment (i.e. the district will immediately purchase two new controllers to handle "yellow flashing left turns "). • Any reconstruction, modification, or improvement initiated by the District or performed as a result of a District project shall be paid for separately by the District. The monthly compensation provided to the City for services described above shall be $250 per signal per month and $125 per flashing signal per month. Exhibit A (Intersection schedule) Pueblo West Metropolitan District owned traffic signals maintained by City 1. McCulloch Blvd. & Joe Martinez Blvd. $250 / mo $3,000 / yr 2. McCulloch Blvd. & Spaulding Ave. $250 / mo $3,000 / yr 3. McCulloch Blvd. & Industrial Blvd. $250 / mo $3,000 / yr 4. Purcell Blvd. & Industrial Blvd. $250 / mo $3,000 / yr 5. Purcell Blvd. & Spaulding Ave. $250 / mo $3,000 / yr 6. Industrial Blvd. & Aspen Ski Way (Flashing Signal) $125 / mo $1,500 / yr $16,500 / yr Page 11 of 11