HomeMy WebLinkAbout08603ORDINANCE NO. 8603
AN ORDINANCE APPROVING A MAINTENANCE CONTRACT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR TRAFFIC SIGNAL MAINTENANCE
AND ACCEPTING A ONE TIME PAYMENT FOR SIGNAL
CONTROLLERS AND SIGNAL MANAGEMENT SOFTWARE
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 Colorado
Department of Transportation, relating to the maintenance of traffic signals on State Highways
within the City limits is hereby approved.
SECTION 2.
Funds in the amount of $99,750 shall be accepted from the Colorado Department of
Transportation and budgeted and appropriated in Project HUAN02, Signal/Crosswalk Upgrades.
SECTION 3.
Capital Project No. CIAN21 – CDOT Traffic Signals is hereby established. Fund in the
amount of $25,000 are hereby budged and appropriated on an annual basis for the life said
contract.
SECTION 4.
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 28, 2013
BY: Sandy Daff
PASSED AND APPROVED: June 10, 2013
Background Paper for Proposed
ORDINANCE
DATE: May 28, 2013 AGENDA ITEM # R-1
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 COLORADO DEPARTMENT OF
TRANSPORTATION FOR TRAFFIC SIGNAL MAINTENANCE AND ACCEPTING A ONE TIME
PAYMENT FOR SIGNAL CONTROLLERS AND SIGNAL MANAGEMENT SOFTWARE AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME
ISSUE
Should City Council approve a Contract with the Colorado Department of Transportation to
provide maintenance for State owned traffic signals on State Highways within the City limits and
accept a one time lump sum contribution for 42 signal controllers and signal management
software?
RECOMMENDATION
Approve the Ordinance.
BACKGROUND
The City has historically maintained various State owned traffic signals throughout the City of
Pueblo. The revised maintenance contract increases the fee paid to the City for such services.
FINANCIAL IMPACT
The Contract increases the monthly payment to the City from $10,500 per month to $13,020 per
month for the maintenance of 42 traffic signals. The increase will be budgeted in Project
Account No. CIAN21 for the purchase of signal equipment. In addition, CDOT will make a one
time payment of $99,750 to the City of Pueblo for 42 traffic signal controllers and signal
management software.
7
(State $Signal Mtce)
City of Pueblo 13 HA2 54966
REGION 2 (rp) 331000676
CONTRACT
THIS CONTRACT executed th l` day of 9.64- 2013, by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to
as the State and the CITY OF PUEBLO, P.O. Box 1427, Pueblo, Colorado 81003, CDOT Vendor #:
2000036, hereinafter referred to as the "Local Agency" (or "Contractor" in the Special Provisions).
RECITALS
1. 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
Local Agency costs in Fund Number 400, Function 2300, GL Acct. 454100010, Cost Center
R2S25300T, (Contract Encumbrance Amount: $0.00).
2. Required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
3. Section 43- 2- 135(1)(i) C.R.S., as amended, requires the State to install, operate, maintain
and control, at State expense, all traffic control devices on the state highway system within cities
and incorporated towns; and;
4. The parties desire to enter this Contract for the Contractor to provide some or all of the
certain maintenance services on state highways that are the responsibility of the State under
applicable law, and for the State to pay the Contractor a reasonable negotiated fixed rate for
such services;
5. The parties also intend that the Contractor shall remain responsible to perform any services
and duties on state highways that are the responsibility of the Contractor under applicable law, at
its own cost;
6. The State and the Contractor have the authority, as provided in Sections 29 -1 -203, 43 -1 -106,
43 -2 -103, 43 -2 -104, and 43 -2 -144 C.R.S., as amended, and in applicable ordinance or
resolution duly passed and adopted by the Contractor, to enter into contract with the Contractor
for the purpose of maintenance of traffic control devices on the state highway system as
hereinafter set forth; and
7. The Contractor has adequate facilities to perform the desired maintenance services on State
highways within its jurisdiction.
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THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
All of the specific location(s) and type(s)of traffic control device(s)to be operated and
maintained by the Contractor pursuant to this contract are described in Exhibit A, attached
hereto and incorporated herein. Such services and highways are further detailed in Section 5.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts
or inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in section 23 of this contract
2. This contract
3. Exhibit A (Scope of Work)
4. Exhibits C and D (Contract Modification Tools)
5. Other Exhibits in descending order of their attachment.
Section 3. Term
This contract shall be effective upon the date signed /approved by the State Controller, or
designee, or on July 1, 2013, whichever is later. The term of this contract shall be for a term of
FIVE (5) years. Provided, however, that the State'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
therefor.
Section 4. Project Funding and Payment Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to accept the
state funding for the work, 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 complete the work under the project. A copy of this
ordinance or resolution 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 Highways, as described in Section 5, the State shall pay the
Contractor on a lump sum basis, payable in monthly installments, upon receipt of the
Contractor's statements, as provided herein.
1. The State shall pay the Contractor for the satisfactory operation and maintenance of
traffic control devices under this contract at the rates described in Exhibit C, which is
attached hereto and made a part hereof. Provided, however, that the total charges to be
paid by the State during each fiscal year beginning July 1 and ending June 30 of the
following year shall not exceed a maximum amount of $156,240.00, except in year one in
which the maximum amount will be $255,990.00, without the benefit of a supplemental
agreement executed prior to any such excess charges being incurred. The maximum
contract total shall not exceed the cumulative five -year total of $880,950.00. Contractor
billings and State payments for each of the traffic control devices listed in Exhibit B shall
be on a "lump sum" basis, in accordance with the rates described in Exhibit C, subject to
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the maximum amount described above. The Contractor will bill the State monthly and the
State will pay such bills within 60 days.
2. The statements submitted by the Contractor for which payment is requested shall
submit CDOT Form 79 Signal Service Call Report for any service call provided to a CDOT-
owned signal as listed in Exhibit A associated with the billing period.
3. If the Contractor fails to satisfactorily perform the maintenance for a segment of the
Highways (or portion thereof), or if the statement submitted by the Contractor does not
adequately document the payment requested, after notice thereof from the State, the State
may deduct and retain a proportionate amount from the monthly payment, based on the
above rate, for that segment or portion.
Section 5. State and Local Agency Commitments
A. The Contractor shall perform the "highway maintenance services" for the certain State
Highway System segments described herein. Such services and highways are detailed in Section 1
(or Exhibit A).
B. The Contractor shall operate and maintain the specific traffic control devices, and at the
particular locations, all as listed on Exhibit A ( "the Work "), in a manner that is consistent with
current public safety standards on state highways within its jurisdictional limits, 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
operation and maintenance.
C. The State shall have the option to add or delete, at any time during the term of this
Contract, one or more specific traffic control devices to the list shown in Exhibit A and therefore
amend the Work to be performed by the Contractor under this Contract. The State may amend
Exhibit A by written notice to the Contractor using an Option Letter substantially equivalent to
Exhibit D.
D. The Contractor may propose, in writing, other potential specific traffic control devices to
be operated and 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 C. If the State
determines in writing that operation and maintenance of those other devices by the Contractor is
appropriate, and is desirable to the State, and if the State agrees to add such devices to this
contract, then the State shall, by written Option Letter issued to the Contractor in a form
substantially equivalent to Exhibit D, add such devices to this contract, providing 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 standards that are
currently used by the State for the State's performance of such services, for similar type
highways with similar use, in that year, as determined by the State. The Contractor shall submit
CDOT Form 80 Traffic Signal Preventive Maintenance Report for each CDOT -owned signal
listed in Exhibit A. These forms shall be submitted each year in June.
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F. The Contractor shall perform the maintenance services in a satisfactory manner and in
accordance with the terms of this Contract. The State reserves the right to determine the proper
quantity and quality of the maintenance services performed by the Contractor, as well as the
adequacy of such services, under this Contract. The State may withhold payment, if necessary,
until Contractor performs the maintenance services to the State's satisfaction. The State will
notify the Contractor in writing of any deficiency in the maintenance services. The Contractor
shall commence corrective action within 24 hours of receiving actual or constructive notice of
such deficiency: a) from the State; b) from its own observation; or c) by any other means. In
the event the Contractor, for any reason, does not or cannot correct the deficiency within 24
hours, the State reserves the right to correct the deficiency and to deduct the actual cost of such
work from the subsequent payments to the Contractor, or to bill the Contractor for such work.
G. Signal inspections described in Exhibit A shall be accounted for within the duration of
this contract. These inspections shall be addressed semi - annually. Inspection documentation
shall be kept by the Contractor and a copy sent to the CDOT Project Manager listed in this
contract. The Contractor shall submit inspection documentation to the CDOT Project Manager
semi - annually along with the payment requests every December and June. Inspections shall be
conducted on all devices listed in Exhibit A.
Section 6. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications,
and other written materials, which pertain to the costs incurred under this contract. The Local
Agency 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 Local Agency shall make such
materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State and FHWA 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 State fiscal year (June
30), 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
State 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 Local Agency 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 Local Agency to its terms. The person(s) executing this contract on behalf of the
Local Agency warrants that such person(s) has full authorization to execute this contract.
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Section 9. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region 2,
905 Erie Avenue, Pueblo, Colorado 81001. Said Region Director will also be responsible for
coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the
Local Agency for commencement of the Work. All communications 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. All communication, notices, and correspondence shall be
addressed to the individuals identified below. Either party may from time to time designate in writing
new or substitute representatives.
If to State: If to the Local Agency:
Sasan Delshad Pepper Whittlef
CDOT Region 2 City of Pueblo
10 Monarch Lane 350 S. Grand Avenue
Pueblo, Colorado 81004 Pueblo, Colorado 81003
(719) 546 -5411 (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
State and the Local Agency. 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 State and the Local
Agency that any such person or entity, other than the State or the Local Agency 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 or hereafter amended. The parties understand and agree
that liability for claims for injuries to persons or property arising out of negligence of the State of
Colorado, its 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 or hereafter amended and the risk
management statutes, §§ 24 -30 -1501, et seq., C.R.S., as now 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.
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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.
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 State 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 State as provided herein in the event
of such failure to perform or comply by the Local Agency.
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 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. Option Letters
An option letter may be used to authorize the Local Agency to begin a phase without
increasing total budgeted funds, increase or decrease the encumberance amount as shown on
Exhibit C, and /or tranfer funds from one phase to another. Option letter modification is limited to
the specific scenarios listed below. The option letter shall not be deemed valid until signed by
the State Controller or an authorized delegate.
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A. Option to begin a phase and/or increase or decrease the encumberance amount
The State may authorize the Local Agency to begin a phase that may include Design,
Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not
apply to Acquisition /Relocation or Railroads) as detailed in Exhibit A and at the same
terms and conditions stated in the original Agreement, with the total budgeted funds as
shown on Exhibit C remaining the same. The State may increase or decrease the
encumbrance amount for a particular phase by replacing the original funding exhibit
(Exhibit C) in the original Agreement with an updated Exhibit C -1 (subsequent
exhibits to Exhibit C -1 shall be labeled C -2, C -3, etc). The State may exercise this
option by providing a fully executed option to the Local Agency within thirty (30) days
before the initial targeted start date of the phase, in a form substantially equivalent to
Exhibit D. If the State exercises this option, the Agreement will be considered to
include this option provision.
B. Option to transfer funds from one phase to another phase.
The State may permit the Local Agency to transfer funds from one phase (Design,
Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another
as a result of changes to state, federal, and local match. The original funding exhibit
(Exhibit C) in the original Agreement will be replaced with an updated Exhibit C -1
(subsequent exhibits to Exhibit C -1 shall be fabled C -2, C -3, etc.) and attached to the
option letter. The funds transferred from one phase to another are subject to the same
terms and conditions stated in the original Agreement with the total budgeted funds
remaining the same. The State may unilaterally exercise this option by providing a fully
executed option to the Local Agency within thirty (30) days before the initial targeted
start date of the phase, in a form substantially equivalent to Exhibit D. Any transfer of
funds from one phase to another is limited to an aggregate maximum of 24.99% of the
original dollar amount of either phase affected by a transfer. A bilateral amendment is
required for any transfer exceeding 24.99% of the original dollar amount of the phase
affected by the increase or decrease.
C. Option to do both Options A and B.
The State may authorize the Local Agency to begin a phase as detailed in Exhibit A, and
encumber and transfer funds from one phase to another. The original funding exhibit
(Exhibit C) in the original Agreement will be replaced with an updated Exhibit C -1
(subsequent exhibits to Exhibit C -1 shall be labeled C -2, C -3, etc.) and attached to the
option letter. The addition of a phase and encumbrance and transfer of funds are subject
to the same terms and conditions stated in the original Agreement with the total budgeted
funds remaining the same. The State may unilaterally exercise this option by providing a
fully executed option to the Local Agency within thirty (30) days before the initial targeted
start date of the phase, in a form substantially equivalent to Exhibit D.
Section 19. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement will be decided by the Chief
Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and
conclusive unless, within 30 calendar days after the date of receipt of a copy of such written
decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to
the Executive Director of the Department of Transportation. In connection with any appeal
proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to
offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local
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Agency shall proceed diligently with the performance of the contract in accordance with the Chief
Engineer's decision. The decision of the Executive Director or his duly authorized representative for
the determination of such appeals will be final and conclusive and serve as final agency action. This
dispute clause does not preclude consideration of questions of law in connection with decisions
provided for herein. Nothing in this contract, however, shall be construed as making final the
decision of any administrative official, representative, or board on a question of law.
Section 20. Does not supercede other agreements
This Contract is not intended to supercede or affect in any way any other agreement (if any)
that is currently in effect between the State and the Contractor for other "maintenance services" on
State Highway rights -of -way within the jurisdiction of the Contractor. Also, the Contractor shall also
continue to perform, at its own expense, all such activities /duties (if any) on such State Highway
rights -of -ways that the Contractor is required by applicable law to perform.
Section 21. Subcontractors
The Contractor may subcontract for any part of the performance required under this
Contract, subject to the Contractor first obtaining approval from the State for any particular
subcontractor. The State understands that the Contractor may intend to perform some or all of the
services required under this Contract through a subcontractor. The Contractor 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 State [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. Contract Management System
By entering into this Contract, Contractor agrees to be governed, and to abide, by the
provisions of CRS §24- 102 -205, §24- 102 -206, §24- 103 -601, §24- 103.5 -101 and §24- 105 -102
concerning the monitoring of vendor performance on state contracts and inclusion of contract
performance information in a statewide contract management system.
Contractor's performance shall be evaluated in accordance with the terms and conditions of this
Contract, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and
Guidance. Evaluation of Contractor's performance shall be part of the normal contract
administration process and Contractor's performance will be systematically recorded in the
statewide Contract Management System. Areas of review shall include, but shall not be limited
to quality, cost and timeliness. Collection of information relevant to the performance of
Contractor's obligations under this Contract shall be determined by the specific requirements of
such obligations and shall include factors tailored to match the requirements of the Statement of
Project of this Contract. Such performance information shall be entered into the statewide
Contract Management System at intervals established in the Statement of Project and a final
review and rating shall be rendered within 30 days of the end of the Contract term. Contractor
shall be notified following each performance and shall address or correct any identified problem
in a timely manner and maintain work progress.
Should the final performance evaluation determine that Contractor demonstrated a gross failure
to meet the performance measures established under the Statement of Project, the Executive
Director of the Colorado Department of Personnel and Administration (Executive Director), upon
request by the Insert Name of your Dept here, and showing of good cause, may debar
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Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the
final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or
correction of the evaluation (CRS §24- 105 - 102(6)), or (ii) under CRS §24- 105 - 102(6), exercising
the debarment protest and appeal rights provided in CRS § §24- 109 -106, 107, 201 or 202, which
may result in the reversal of the debarment and reinstatement of Contractor, by the Executive
Director, upon showing of good cause.
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Section 23. Special Provisions
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24 -30- 202(1). This contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24 -30- 202(5.5). 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.
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, protections, 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. § §1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 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
deemed to be an agent or employee of the State. Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Unemployment insurance benefits will be available to Contractor and its employees and agents only if
such coverage is made available by Contractor or a third party. Contractor shall pay when due all
applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of
its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws,
rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated
herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any
provision incorporated herein by reference which purports to negate this or any other Special Provision in
whole or in part shall not 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
shall not invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration
by any extra- judicial body or person. Any provision to the contrary in this contact or incorporated herein by
reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public
funds payable under this contract shall not be used for the acquisition, operation, or maintenance of
computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor
hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and
shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If
the State determines that Contractor is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this contract, including, without limitation, immediate termination of
this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST. CRS § §24 -18 -201 and 24 -50 -507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this contract. Contractor has no interest and
shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
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performance of Contractor's services and Contractor shall not employ any person having such known
interests.
10. VENDOR OFFSET. CRS § §24 -30 -202 (1) and 24 -30- 202.4. [Not Applicable to intergovernmental
agreements] Subject to CRS §24 -30 -202.4 (3.5), the State Controller may withhold payment under the
State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts
or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in
CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other
unpaid debts owing to the State as a result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8- 17.5 -101. [Not Applicable to agreements relating
to the offer, issuance, or sale of securities, investment advisory services or fund management
services, sponsored projects, intergovernmental agreements, or information technology services
or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract and will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work under
this contract, through participation in the E- Verify Program or the Department program established
pursuant to CRS §8- 17.5- 102(5)(c), Contractor shall not knowingly employ -or contract with an illegal alien
to perform work under this contract or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this contract. Contractor (a) shall not use E- Verify Program or Department program
procedures to undertake pre - employment screening of job applicants while this contract is being
performed, (b) shall notify the subcontractor and the contracting State agency within three days if
Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for
work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with
reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5- 102(5),
by the Colorado Department of Labor and Employment. If Contractor participates in the Department
program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or
political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work
status of such employee, and shall comply with all of the other requirements of the Department program. If
Contractor fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the
contracting State agency, institution of higher education or political subdivision may terminate this contract
for breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Contractor, if a
natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has
produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of
this contract.
Revised 1 -1 -09
Page 11 of 12
•
e ' Tj t r 1,:' . a s n 't �'
. .K , ::"Or. ' ,0 $ ' , S
6 "GE
Agreement Routing Number 13 HA2 54966
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local
Agency's behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY STATE OF COLORADO
City of Pueblo, Colorado John W. Hickenlooper, GOVERNOR
By: Colorado Department of Transportation
Stephen G. Nawrocki Donald E. Hunt, Executive Director
Name of Authorized Individual ,‘„! ' , , , i, ,,, -* - ‘)7 / (4 ,7_,,, j
Title: President of City Co • By: Timothy . Harris, P.E., Chief Engineer
• • • �� - • uthor' ed Indivi al W/V41
Date:
*Signature
Date:
ATTESTED BY: A. t_ � ./_ // - Lr,
'leputy City Clerk
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24 -30 -202 requires the State Controller to approve all State Agreements. This Agreement is not valid
until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to
begin performance until such time. If The Local Agency begins performing prior thereto, the State of
Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services
provided hereunder.
STATE CONTROLLER
ROBER A OS A, MB JD
By i
Colorado ` � artment of Transportation
! [
Date: / /?o /5
Page 12 of 12
Exhibit A — Scope of Work
State Highway Traffic Signals
• The City shall maintain the traffic signals.
• Any reconstruction, modification, or improvement initiated by the City or performed as a result of
a City project shall be included in the maintenance provided by the City.
• Any reconstruction, modification, or improvement initiated by the State or performed as a result
of a State project shall be paid for separately by the State.
• The City shall perform semi - annual inspections of all approaches at each location and
submit documentation to CDOT December and June for each year of this contract.
Inspection shall include, but not be limited to:
o Each signal Tens is operating and visible
o Signal Timing is operating as programmed
o Controller and Cabinet are clean and in good repair
o Communication to signal is connected and operating
o Backup power is tested for proper operation
o Vehicle detection is operating properly
o All luminaries attached to the signal are operating
o Conflict monitor test
• Any defects found at these intersections shall be remedied immediately. Defects and
remediation shall be documented and kept on file at the City and copied to CDOT. Any defects
not remedied within one month of discovery shall incur a price reduction to the monthly
compensation of $310.00 per defective signal until all defects of the signal are remedied.
• Yearly signal inspections shall include: the cursory visual inspection of signal caissons, bolts,
bolt tightening, steel, welds, and attachment hardware. The City shall submit documentation of
yearly inspection to CDOT in June. Any deficiencies found in bolt tightening and attachment
hardware shall be corrected immediately. Any deficiencies in the structure shall be documented
and brought to the attention of the project manager.
The monthly compensation provided to the City of Pueblo for services described above shall be $310.00
per signal per month.
Page 1 of 2
CDOT owned traffic signals maintained by City
1 Abriendo Ave. & Lincoln Ave. -4th St. (Co. #96)
2 Acero /Belmont Ave. & Thatcher Ave. (Co. #96)
3 Bonforte Blvd & Colo 47
4 Bonforte Blvd.- Hudson Ave. & U.S. Hwy 50 -B
5 Bradford Ave. and 4th St. (CO. #96)
6 Chester Ave. & 4th St. (CO. #96)
7 Court St. & 4th St. (CO. #96)
8 Delpinium St. /Lancaster Dr. & Pueblo Blvd. (CO#45)
9 Elizabeth St. & 4th St. (CO. # 96)
10 Evans Ave. & Lincoln St. (CO # 96)
11 Fountain Ave. & 4th St. (CO #96)
12 Goodnight Ave. & Pueblo Blvd. (CO #96)
13 Grand Ave. & 4th St. (CO # 96)
14 Greenwood St. & 4th St. (CO #96)
15 Hollywood Drive & Pueblo Blvd. (CO #45)
16 Hudson Ave. & 4th St. (CO #96)
17 1 -25 (East Ramp) & 1st St.
18 Ivywood & Pueblo Blvd (CO #45)
19 Jerry Murphy Rd. & CO #47 EB off ramp
20 Jerry Murphy Rd. & CO #47 WB off ramp
21 Joplin Ave. (CO #227) & 1st/River St.
22 Joplin Ave. (CO #227) & 4th St. (CO #96)
23 LaCrosse Ave. & 4th St. (CO #96)
24 Lake Ave. & Pueblo Blvd. (CO #45)
25 Lehigh Ave. & Pueblo Blvd. (CO #45)
26 Lincoln Ave. (CO #96) & Orman Ave.
27 Main St. & 4th St. (CO #96)
28 Northern Ave. & Pueblo Blvd. (CO #45)
29 Norwood Ave. & US Hwy. #50 -B
30 Portland Ave. & 4th St. (CO #96)
31 Prairie Ave. & Thatcher Ave. (CO #96)
32 Prairie Ave. & Pueblo Blvd. (CO #45)
33 Pueblo Blvd. (CO #45) & Rutgers/Red Creek Spgs. Rd.
34 Pueblo Blvd. (CO #45) & St. Clair Ave
35 Pueblo Blvd. (CO #45) & Surfwood Lane
36 Pueblo Blvd. (CO #45) & Thatcher Ave. (CO #96)
37 Pueblo BNd. (CO #45) & Vinewood Lane
38 Santa Fe Ave. (CO #50 -C) & 1st St.
39 Santa Fe Ave. (CO #50 -C) & 2nd St.
40 Santa Fe Ave. (CO #50 -C) & 4th St. (CO #96)
41 Thatcher Ave (CO #96) @ Elmwood Golfcourse
42 Troy Ave. & U.S. Hwy. #50 -B
Page 2 of 2
Exhibit B — Resolution
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Page 1 of 1
ORDINANCE NO. 8603
AN ORDINANCE APPROVING A MAINTENANCE CONTRACT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR TRAFFIC SIGNAL MAINTENANCE
AND ACCEPTING A ONE TIME PAYMENT FOR SIGNAL
CONTROLLERS AND SIGNAL MANAGEMENT SOFTWARE
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 Colorado
Department of Transportation, relating to the maintenance of traffic signals on State Highways
within the City limits is hereby approved.
SECTION 2.
Funds in the amount of $99,750 shall be accepted from the Colorado Department of
Transportation and budgeted and appropriated in Project HUANO2, Signal /Crosswalk Upgrades.
SECTION 3.
Capital Project No. CIAN21 — CDOT Traffic Signals is hereby established. Fund in the
amount of $25,000 are hereby budged and appropriated on an annual basis for the life said
contract.
SECTION 4.
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 28, 2013
BY Sandy Daff
COUNCILPERSO
APPRO ' D:
ENT OF CITY COUNCIL
ATTESTED BY:
TY CLERK
PASSED AND APPROVED: June 10, 2013
Exhibit C — Rate Schedule
PAYMENT SCHEDULE
Monthly Rate
42 Signals x $310.00 per signal per month = $13,020.00 payment per month
* This is the maximum amount to be paid in any one month, except for year one, for signal /traffic maintenance.
Annual Rate
$13,020.00 per month x 12 months = $156,240.00 maximum annual payment
* This is the maximum amount to be paid in any one year, except for year one, for signal /traffic maintenance.
Contract Rate
$156,240.00 per year x 5 years = $781,200.00 Maximum Accumulated Payments for 5 Years
* This is the maximum amount to be paid in any one year, except for year one, for signal /traffic maintenance.
Lump Sum Contribution — One Time Payment
ASC /3 Controllers and Centracs Signal Management Software
ASC /3 Signal Controllers $ 1,700.00 each
Centracs Signal Management Software $ 675.00 each
Total for Each Signal $ 2,375.00
x 42 Signals 42
Total Lump Sum Contribution $ 99,750.00 (applied in year one only)
Total Contract Payments
Year 1 $255,990.00 Total Maximum Year 1 Payment ($156,240.00 Annual Rate + $99.750.00 Lump Sum Contribution)
Year 2 $156,240.00 Annual Rate/Maximum Annual Payment
Year 3 $156,240.00 Annual Rate /Maximum Annual Payment
Year 4 $156,240.00 Annual Rate/Maximum Annual Payment
Year 5 $156,240.00 Annual Rate /Maximum Annual Payment
$880,950.00 Total Maximum Contract Payments
Page 1 of 1
Exhibit D — Option Letter
SAMPLE IGA OPTION LETTER
(This option has been created by the Office of the State Controller for CDOT use only)
NOTE: This option is limited to the specific contract scenarios listed below
AND may be used in place of exercising a formal amendment.
Date: State Fiscal Year: Option Letter No. Option Letter CMS Routing #
Option Letter SAP #
Original Contract CMS # Original Contract SAP #
Vendor name:
SUBJECT:
Option to unilaterally authorize the Local Agency to begin a phase which may include Design,
Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not
apply to Acquisition /Relocation or Railroads) and to update encumbrance amounts(a new
Exhibit C must be attached with the option letter and shall be labeled C -1, future changes for
this option shall be labeled as follows: C -2, C -3, C -4, etc.).
Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be
attached with the option letter and shall be labeled C -1, future changes for this option shall be
labeled as follows: C -2, C -3, C -4, etc.).
Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter
and shall be labeled C -1, future changes for this option shall be labeled as follows: C -2, C -3,
C -4, etc.).
REQUIRED PROVISIONS. All option letters shall contain the appropriate provisions as follows:
Option A (Insert the following language for use with the Option A):
In accordance with the terms of the original Agreement (insert CMS routing # of the original
Agreement) between the State of Colorado, Department of Transportation and (insert the Local
Agency's name here), the State hereby exercises the option to authorize the Local Agency to
begin a phase that will include (describe which phase will be added and include all that apply —
Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to
encumber previously budgeted funds for the phase based upon changes in funding availability
and authorization. The encumbrance for (Design, Construction, Environmental, Utilities, ROW
incidentals or Miscellaneous)is (insert dollars here). A new Exhibit C - is made part of the
original Agreement and replaces Exhibit C. (The following is a NOTE only, please delete when
using this option. Future changes for this option for Exhibit C shall be tabled as follows: C -2, C-
3, C - etc.).
Option B (Insert the following language for use with Option B):
In accordance with the terms of the original Agreement (insert CMS # of the original Agreement)
between the State of Colorado, Department of Transportation and (insert the Local Agency's
name here), the State hereby exercises the option to transfer funds from (describe phase from
which funds will be moved) to (describe phase to which funds will be moved) based on variance
in actual phase costs and original phase estimates. A new Exhibit C - is made part of the
original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete
when using this option: future changes for this option for Exhibit C shall be labeled as follows:
C - C - C - etc.; and no more than 24.99% of any phase may be moved using this option
Page 1 of 2
letter. A transfer greater than 24.99% must be made using an formal amendment)..
Option C (Insert the following language for use with Option C):
In accordance with the terms of the original Agreement (insert CMS routing # of original
Agreement) between the State of Colorado, Department of Transportation and (insert the Local
Agency's name here), the State hereby exercises the option to 1) release the Local Agency to
begin a phase that will include (describe which phase will be added and include all that apply —
Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to
encumber funds for the phase based upon changes in funding availability and authorization; and
3) to transfer funds from (describe phase from which funds will be moved) to (describe phase to
which funds will be moved) based on variance in actual phase costs and original phase
estimates. A new Exhibit C -1 is made part of the original Agreement and replaces Exhibit C.
(The following is a NOTE only so please delete when using this option: future changes for this
option for Exhibit C shall be labeled as follows: C -2, C -3, C -4, etc.; and no more than 24.99% of
any phase may be moved using this option letter. A transfer greater than 24.99% must be made
using an formal amendment).
(The following language must be included on ALL options):
The total encumberance as a result of this option and all previous options and /or amendments is
now (insert total encumberance amount), as referenced in Exhibit (C -1, C -2, etc., as
appropriate). The total budgeted funds to satisfy services /goods ordered under the Agreement
remains the same: (indicate total budgeted funds) as referenced in Exhibit (C -1, C -2, etc., as
appropriate) of the original Agreement.
The effective date of this option letter is upon approval of the State Controller or delegate.
APPROVALS:
State of Colorado:
John W. Hickenlooper, Governor
By: Date:
Timothy J. Hariis, P.E., Chief Engineer
Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24 -30 -202 requires the State Controller to approve all State Contracts. This Agreement is not
valid until signed and dated below by the State Controller or delegate. Contractor is not authorized
to begin performance until such time. If the Local Agency begins performing prior thereto, the
State of Colorado is not obligated to pay the Local Agency for such performance or for any goods
and/or services provided hereunder.
State Controller
David J. McDermott, CPA
By:
Date:
Form Updated: December 19, 2012
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