HomeMy WebLinkAbout09252
ORDINANCE NO. 9252
AN ORDINANCE APPROVING THE TRAFFIC SIGNAL
MAINTENANCE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE PUEBLO WEST METROPOLITAN
DISTRICT 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 Agreement between the City of Pueblo, a Municipal Corporation, and the Pueblo West
Metropolitan District, relating to the maintenance of traffic signals owned by the District, a copy of
which is attached hereto, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2.
The President of City Council is hereby authorized to execute said Agreement to be made
effective July 1, 2018 and on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall
affix the Seal of the City to the Agreement Extension and attest the same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage and approval.
INTRODUCED March 26, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: April 9, 2018
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 26, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Jeff Bailey P.E., Acting Director of Public Works
SUBJECT: AN ORDINANCE APPROVING THE TRAFFIC SIGNAL MAINTENANCE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE PUEBLO WEST METROPOLITAN
DISTRICT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE THE SAME
SUMMARY:
This is an Ordinance to approve the Traffic Signal Maintenance Intergovernmental Agreement
between the City of Pueblo and the Pueblo West Metropolitan District.
PREVIOUS COUNCIL ACTION:
Ordinance No. 8594 approved the original agreement which terminates June 30, 2018.
BACKGROUND:
In 2013, the City of Pueblo and the Pueblo West Metropolitan District entered in to an agreement
for the City of Pueblo, Traffic Maintenance Division of the Public Works Department, to maintain
th
traffic signals owned by the District. The current agreement is scheduled to expire on June 30
of 2018. This agreement will renew the expiring agreement for a five year term.
FINANCIAL IMPLICATIONS:
The Agreement pays to the City of Pueblo $16,500 a year for the maintenance of six traffic signals.
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Denying the Ordinance will terminate any future traffic signal maintenance for Pueblo West
beginning June 30, 2018.
RECOMMENDATION
:
Approval of the Ordinance.
Attachments: Agreement
Traffic Signal Maintenance
Intergovernmental Agreement
This Intergovernmental Agreement ("IGA") made this el h day of
20 , 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 into this IGA 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 IGA are described in Exhibit A, attached hereto and incorporated herein. Such
services and roadways are further detailed in Section 5.
Page 1 of 11
Section 2 - Order of Precedence
In the event of conflicts or inconsistencies between this IGA and its exhibits, they shall be
resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in Section 22 of this IGA;
2. This IGA;
3. Exhibit A (Scope of Work); and
4. Other Exhibits in descending order of their attachment.
Section 3 — Term
This IGA 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 IGA 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 IGA 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 IGA, 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 agreement 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
Page 2 of 11
retain a proportionate amount from the monthly payment, based on the above rate, for
that segment or portion.
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 IGA. 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 IGA, 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 agreement. 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 agreement, 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 IGA, then the District shall, by written Change Order, add such devices to this
agreement, 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 IGA. 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.
Page 3 of 11
G. Signal inspections described in Exhibit A shall be accounted for within the duration of this
agreement. Inspection documentation of all devices listed in Exhibit A shall be kept by the
Contractor and submitted semi-annually to the District Project Manager listed in this IGA.
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 agreement. The Contractor
shall maintain such records for a period of three (3) years after the date of termination of this
agreement 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 IGA may be terminated as follows:
This IGA 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 IGA 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 agreement and to bind the City
to its terms. The person(s) executing this IGA on behalf of the City warrants that such person(s)
has full authorization to execute this agreement.
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 IGA 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
Page 4 of 11
the City's Traffic Engineer. Either party may from time to time designate in writing new or
substitute representatives.
If to District: If to City:
Bradly Curtis 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 IGA 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
IGA and all rights of action relating to such enforcement, shall be strictly reserved to the District
and the City. Nothing contained in this agreement 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 agreement shall be deemed an incidental beneficiary only.
Section 12 - Governmental Immunity
Notwithstanding any other provision of this IGA to the contrary, no term or condition of this
agreement 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 agreement may be executed and performance of the obligations of the
parties may be accomplished within the intent of the agreement, the terms of this agreement 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
Page 5 of 11
The waiver of any breach of a term, provision, or requirement of this IGA 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 IGA 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 IGA Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms
and conditions of this agreement and the exhibits and attachments hereto, which may require
continued performance, compliance or effect beyond the termination date of the agreement 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 IGA 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 agreement on the effective date of such change as if
fully set forth herein. Except as provided above, no modification of this agreement shall be
effective unless agreed to in writing by both parties in an amendment to this IGA that is
properly executed and approved in accordance with applicable law.
B. Either party may suggest renegotiation of the terms of this IGA, provided that this agreement
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 IGA, the renegotiated terms shall not be effective until this IGA 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 this IGA, 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.
Page 6 of 11
1. Where the agreed changes to the specifications result in an adjustment to the price,
delivery schedule, or time of performance.
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 agreement are priced based on the unit prices to be paid for
the goods and/or services established in this agreement.
4. Where the changes to the agreement 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 IGA, 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 IGA 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 IGA, 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
IGA through a subcontractor. The City agrees not to assign rights or delegate duties under this
agreement [or subcontract any part of the performance required under the agreement] 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
Page 7 of 11
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.
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 agreement.
3. GOVERNMENTAL IMMUNITY. No term or condition of this IGA 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 agreement. 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
IGA. At all times during the performance of this agreement, 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 agreement.
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 A Colorado special district
'resident of City Council opolitan/District Board President
CNt''►sko Lce A . NscoLL Gt. 6( v Ltovtcc r `�
Print Name Print Name 1
�- 9- j8 / 13 / a'O18
Date Date
Approved as to Form: Approved as to Form:
` 4-<70v...024 = �� Ago
City Attorney Pueblo West Ge eral counsel
Attest(SEAL) By to din 6.A4/14.10
Ac+)n City Clerk
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 once 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 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
the City contracts out work in excess of $500, such as conduit installation for
Page 10 of 11
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