HomeMy WebLinkAbout09309
ORDINANCE NO. 9309
AN ORDINANCE APPROVING THE TRAFFIC SIGNAL
MAINTENANCE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE COLORADO DEPARTMENT OF
TRANSPORATION 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 Colorado
Department of Transportation, relating to the maintenance of traffic signals owned by the
Colorado Department of Transportation, 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.
Funds in the amount of $25,000 are hereby budged and appropriated in Capital Project
No. CIAN 21- CDOT Traffic Signals on an annual basis for the life said contract.
SECTION 4.
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 5.
This Ordinance shall become effective immediately upon final passage and approval.
INTRODUCED June 25, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
July 9, 2018
PASSED AND APPROVED:
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 25, 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 COLORADO DEPARTMENT OF
TRANSPORATION 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 Colorado Department of Transpiration.
PREVIOUS COUNCIL ACTION:
Ordinance No. 8603 approved the original agreement which terminates June 30, 2018.
BACKGROUND:
In 2013, the City of Pueblo and the Colorado Department of Transportation entered in to an
agreement for the City of Pueblo, Traffic Maintenance Division of the Public Works Department,
to maintain traffic signals owned by the Colorado Department of Transportation. The current
th
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 a total maximum amount of $152,520.00 per State
Fiscal year, and a maximum contract total not to exceed the cumulative year total of $762,600.00.
Annually, $25,000 of the funds is deposited into Capital Project No. CIAN21 for the purchase of
traffic signal equipment and supplies for CDOT signals.
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Denying the Ordinance will terminate any future traffic signal maintenance for the Colorado
Department of Transportation beginning July 1, 2018.
RECOMMENDATION
:
Approval of the Ordinance.
Attachments: Agreement
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(State$Traffic Mtce) Rev 10/03
CITY OF PUEBLO Region: 02(vjm)
CONTRACT
THIS AGREEMENT is entered into by and between the CITY OF PUEBLO (hereinafter called the "Local
Agency"), and the STATE OF COLORADO acting by and through the Department of Transportation
(hereinafter called the"State"or"CDOT").
RECITALS:
I. 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
(Contract Encumbrance Amount:$0.00).
2. Required approval,clearance and coordination have been accomplished from and with appropriate agencies.
3. Section 43-2-102 and 103,C.R.S.,require the State to maintain State highways(including where such highways
extend through a city or an incorporated town),and 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.
4. The parties desire to enter this contract for the Local Agency to provide some or all of the certain Highway
maintenance services on State highways that are the responsibility of the State under applicable law, and for the
State to pay the Local Agency a reasonable negotiated fixed rate for such services.
5. The parties also intend that the Local Agency shall remain responsible to perform any services and duties on State
highways that are the responsibility of the Local Agency under applicable law,at its own cost.
6. The State and the Local Agency 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 if applicable, in an ordinance or resolution duly passed and
adopted by the Local Agency, to enter into contract with the Local Agency for the purpose of maintenance of
traffic control devices on the State highway system as hereinafter set forth.
7. The Local Agency has adequate facilities to perform the desired maintenance services on State highways within
its jurisdiction.
THE PARTIES NOW AGREE THAT:
Section 1.Scope of Work
The Local Agency shall perform all maintenance services for the specified locations located within the Local Agency's
jurisdiction and described in Exhibit A. 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 22 of this contract
2. This contract
3. Exhibit A(Scope of Work)
4. Exhibit C(Option Letter)
5. Exhibit D(Encumbrance Letter).
Section 3.Term
This contract shall be effective upon the date signed/approved by the State Controller,or designee,or on July 1,2018,
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 may be 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
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to complete the work under the project. A copy of any such 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 Local Agency on a lump sum basis, payable in
monthly installments,upon receipt of the Local Agency's Statements,as provided herein.
C. The State shall pay the Local Agency for the satisfactory operation and maintenance of traffic control devices
under this agreement at the rates described in Exhibit A.
D. The Local Agency will provide maintenance services as described in Exhibit A, for a total maximum amount
of$152,520.00 per State fiscal year, and a maximum contract total shall not exceed the cumulative five-
year total of$762,600.00. The negotiated rate per location shall remain fixed for the full five-year term of the
contract, unless this rate is renegotiated in accord with the procedure set forth herein in Section 17. The total
payments to the Local Agency during the term of this contract shall not exceed that maximum amount,unless this
contract is amended. The Local Agency will bill the State monthly and the State will pay such bills within 45
days.
E. The Statements submitted by the Local Agency for which payment is requested shall contain an adequate
description of the type(s) and the quantity(ies) of the maintenance services performed, the date(s) of that
performance, and on which specific sections of the highways such services were performed, in accord with
standard Local Agency billing standards.
F. If the Local Agency fails to satisfactorily perform the maintenance services or if the Statement submitted by the
Local Agency 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& Local Agency Commitments:
A. The Local Agency shall perform the maintenance services for the certain State highway system locations
described herein. Such services and locations are detailed in Exhibit A.
B. The Local Agency shall operate and maintain the specific traffic control devices,and at the particular locations,
all as listed on Exhibit A, 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 agreement. The Local Agency shall
provide all personnel, equipment, and other services necessary to satisfactorily perform such operation and
maintenance.
C. The parties shall have the option to add or delete,at any time during the term of this agreement and subject to§17
of this agreement,one or more specific traffic control devices to the list shown in Exhibit A and therefore amend
the maintenance services to be performed by the Local Agency under this agreement. The State may amend
Exhibit A by written notice to the Local Agency using an Option Letter substantially equivalent to Exhibit C.
D. The Local Agency may propose,in writing,other potential specific traffic control devices to
be operated and maintained by the Local Agency during the term of this agreement,based on the same rates that
had been initially agreed to by the Local Agency in Exhibit A. If the State determines in writing that operation
and maintenance of those other devices by the Local Agency is appropriate,and is desirable to the State, and if
the State agrees to add such devices to this agreement,then the State shall,by written Option Letter issued to the
Local Agency in a form substantially equivalent to Exhibit C,add such devices to this contract.
E. The Local Agency shall perform all maintenance services on an annual basis. The Local Agency'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 State's Regional Transportation Director, or his representative, shall determine the then current applicable
maintenance standards for the maintenance services. Any standards/directions provided by the State's
representative to the Local Agency concerning the maintenance services shall be in writing. The Local Agency
shall contact the State Region office and obtain those standards before the Local Agency performs such services.
Section 6.Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other written
materials that 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
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employees of the State and, if applicable, 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:
A. 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
Local Agency only for that portion of the highway maintenance services actually and satisfactorily performed up
to the effective date of that termination,and the Local Agency 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.
Notwithstanding subparagraph A above,this contract may also be terminated as follows:
B. Termination for Convenience. The State may terminate this contract at any time the State determines that the
purposes of the distribution of moneys under the contract would no longer be served by completion of the project.
The State shall effect such termination by giving written notice of termination to the Local Agency and specifying
the effective date thereof,at least twenty(20)days before the effective date of such termination.
C. Termination for Cause. If,through any cause,the Local Agency shall fail to fulfill,in a timely and proper manner,
its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or
stipulations of this contract,the State shall thereupon have the right to terminate this contract for cause by giving
written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the
default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or
unfinished documents,data,studies,surveys,drawings, maps,models,photographs and reports or other material
prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the
Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered
and accepted.The Local Agency shall be obligated to return any payments advanced under the provisions of this
contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold
payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default or that the
Local Agency's action/inaction was excusable,such termination shall be treated as a termination for convenience,
and the rights and obligations of the parties shall be the same as if the contract had been terminated for
convenience,as described herein.
D. Termination Due to Loss of Funding.The parties hereto expressly recognize that the Local Agency is to be paid,
reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the
purposes of contracting for the project provided for herein,and therefore,the Local Agency expressly understands
and agrees that all its rights,demands and claims to compensation arising under this contract are contingent upon
availability of such funds to the State. In the event that such funds or any part thereof are not available to the
State,the State may immediately terminate or amend this contract.
Section S. 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.
Section 9.Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director,Region 02,905 Erie Avenue.
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 02
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
CDOT Region:02 City of Pueblo
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Jason Nelson, P.E. II Pepper Whittlef
Project Manager Traffic Engineer
Region 2 Traffic Operations Engineer 350 Alan Hamel Avenue
Pueblo,CO 81008 Pueblo,CO 81003
(719)546-5734 (719)553-2722
jason.nelson@state.co.us pwhittlef@pueblo.us
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.
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 by the parties 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
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
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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.
A. Amendment
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 in accordance with
applicable cost accounting principles and standards (including sections 24-107-101, et seq., C.R.S. and
implementing regulations),and be based on an increase/decrease in the"allowable costs"of performing the Work.
Any such proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment
to this contract that is properly executed and approved by the State Controller or delegee. Any such rate change
will go into effect on the first day of the first month following the amendment execution date.
B. Option Letter
a. The State may increase/decrease the quantity of goods/services described in Exhibit A at the same unit prices
(rates)originally established in the contract.The State may exercise the option by written notice to the Local
Agency in a form substantially equivalent to Exhibit C.
b. As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease the
maximum amount payable under this contract based upon the unit prices(rates)originally established in the
contract and the schedule of services required,as set by the terms of this contract.The State may exercise the
option by providing a fully executed option to the Local Agency,in a form substantially equivalent to Exhibit
C, immediately upon signature of the State Controller or an authorized delegate.The Option Letter shall not
be deemed valid until signed by the State Controller or an authorized delegate. Any such rate change will go
into effect on the first day of the first month following the option letter execution date.
C. State Encumbrance Letter
The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateral
execution of an encumbrance letter in a form substantially equivalent to Exhibit D.The State shall provide a fully
executed encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/services
shall continue at the same rate and under the same terms as established in the contract.
Section 18. 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 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 19. 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 State and the Local Agency for other"maintenance services"on State Highway rights-of-way within the
jurisdiction of the Local Agency. Also,the Local Agency shall also continue to perform,at its own expense,all such
activities/duties(if any)on such State Highway rights-of-ways that the Local Agency is required by applicable law to
perform.
Section 20.SubLocal Agencys
The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local
Agency first obtaining approval from the State for any particular subLocal Agency. The State understands that the
Local Agency may intend to perform some or all of the services required under this contract through a subLocal
Agency.The Local Agency 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
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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 21.Statewide Contract Management System
If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective
Date or at any time thereafter,this §21.Statewide Contract Management System applies.
Local Agency 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 Local Agency performance on state contracts
and inclusion of contract performance information in a Statewide contract management system.
Local Agency's performance shall be subject to evaluation and review 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 and
review of the Local Agency's performance shall be part of the normal contract administration process and Local
Agency's performance will be systematically recorded in the statewide contract management system. Areas of
evaluation and review shall include,but shall not be limited to,quality,cost and timeliness.Collection of information
relevant to the performance of Local Agency'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 Local Agency's
obligations. Such performance information shall be entered into the Statewide contract management system at
intervals established herein and a final evaluation,review and rating shall be rendered within 30 days of the end of the
contract term.Local Agency shall be notified following each performance evaluation and review,and shall address or
correct any identified problem in a timely manner and maintain work progress.
Should the final performance evaluation and review determine that Local Agency demonstrated a gross failure to meet
the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel
and Administration (Executive Director), upon request by the Department of Transportation, and showing of good
cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. Local Agency may
contest the final evaluation,review and rating by:(a)filing rebuttal statements,which may result in either removal or
correction of the evaluation (CRS §24-105-102(6)), or (b) 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 Local Agency,by the Executive Director,upon showing of good cause.
Section 22.Special Provisions
These Special Provisions apply to all contracts except where noted in italics.
A. 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.
B. 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.
C. 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.
D. INDEPENDENT LOCAL AGENCY.The Local Agency shall perform its duties hereunder as an independent
the Local Agency and not as an employee. Neither the Local Agency nor any agent or employee of the Local
Agency shall be deemed to be an agent or employee of the State.the Local Agency 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 the Local Agency or any of its agents or employees.
Unemployment insurance benefits will be available to the Local Agency and its employees and agents only if
such coverage is made available by the Local Agency or a third party.the Local Agency shall pay when due all
applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract.the Local
Agency shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding,except as expressly set forth herein.the Local Agency 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.
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E. COMPLIANCE WiTH LAW. The Local Agency 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.
F. 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.
G. 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.
H. 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. the Local Agency hereby certifies and
warrants that, during the term of this contract and any extensions, the Local Agency has and shall maintain in
place appropriate systems and controls to prevent such improper use of public funds. If the State determines that
the Local Agency 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.
I. 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. The Local Agency has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the
Local Agency's services and the Local Agency shall not employ any person having such known interests.
J. VENDOR OFFSET CRS 024-30-202 (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§39-21-10/, 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.
K. 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] The
Local Agency 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-/02(5)(c), the Local
Agency shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter
into a contract with a subthe Local Agency that fails to certify to the Local Agency that the subthe Local Agency
shall not knowingly employ or contract with an illegal alien to perform work under this contract. the Local Agency
(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 notes the subthe Local Agency and the
contracting State agency within three days if the Local Agency has actual knowledge that a subthe Local Agency
is employing or contracting with an illegal alien for work under this contract, (c)shall terminate the subcontract
if a subthe Local Agency 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 the Local
Agency participates in the Department program, the Local Agency shall deliver to the contracting State agency,
Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that the Local
Agency has examined the legal work status of such employee, and shall comply with all of the other requirements
of the Department program. If the Local Agency fails to comply with any requirement of this provision or CRS
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§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, the Local Agency shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101.the Local Agency,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.
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Section 23.SIGNATURE PAGE
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
CITY OF PUEBLO
STATE OF COLORADO
11 /� ,I John W. Hickenlooper
Name: Gk e',s y a 2Lar A• 1t C o 11 De.artment of Transpo ation
(t-int name)
Title: President of City Council By �, —
nttide .shua Laipply,' ,Chief'n;, nee
.or)Michael P. Lewis,Executive Director
*Signature /
Date: '7/ 3)26)(2)
Date: 7 - 7 -
2nd Local Agency Signature if needed
STATE OF COLORADO
Name: tJ.PA itR wta-SJ LEGAL REVIEW
(print name) Cynthia H.Coffman,Attorney General
Title: Acting City Clerk B
( not title) y
Signature—Assistant Attorney General
jak-ti Ch)
*Signature ii
Date:
Date: 2 - 4
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.lithe 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 OF COLORADO
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
//
By: -✓Jr
Colora'.o D..artment of Transportation
Date: o` v
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EXHIBIT A— SCOPE OF WORK
Exhibit A-1 -Scope of
Work State Highway Traffic
Sianals
• 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 lens 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.
Exhibit A - 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. (C0#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&4th ST(CO#96)
22 Lacrosse Ave. & 4th St. (CO#96)
23 Lake Ave. & Pueblo Blvd. (CO#45)
24 Lehigh Ave. & Pueblo Blvd. (CO#45)
25 Lincoln Ave . (CO#96) & Orman Ave .
26 Main St. &4th St. (CO#96)
27 Northern Ave. & Pueblo Blvd. (CO#45)
28 Norwood Ave. & US Hwy. #50-B
29 Portland Ave. &4th St. (CO#96)
30 Prairie Ave, & Thatcher Ave . (CO#96)
31 Prairie Ave . & Pueblo Blvd. (CO#45)
32 Pueblo Blvd. (CO#45) & Rutgers/Red Creek Spgs. Rd.
33 Pueblo Blvd. (CO#45) & St. Clair Ave
34 Pueblo Blvd. (CO#45) & Surfwood Lane
35 Pueblo Blvd. (CO#45) &Thatcher Ave . (CO#96)
36 Pueblo Blvd. (CO#45) &Vinewood Lane
37 Santa Fe Ave (CO#50-C) & 1st St.
38 Santa Fe Ave (CO#50-C) &2nd St.
39 Santa Fe Ave (CO#50-C) &4th St. (CO#96)
40 Thatcher Ave(CO#96) @ Elmwood Golfcourse
41 Troy Ave. & U.S. Hwy. #50-B
Exhibit A- Page 2 of 2
Exhibit B- Resolution
LOCAL AGENCY
ORDINANCE
OR
RESOLUTION
ORDINANCE NO. 9309
AN ORDINANCE APPROVING THE TRAFFIC SIGNAL
MAINTENANCE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE COLORADO DEPARTMENT OF
TRANSPORATION 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 Colorado
Department of Transportation, relating to the maintenance of traffic signals owned by the
Colorado Department of Transportation, 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.
Funds in the amount of $25,000 are hereby budged and appropriated in Capital Project
No. CIAN 21- CDOT Traffic Signals on an annual basis for the life said contract.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein.
SECTION 5.
This Ordinance shall become effective immediately upon final passage and approval.
INTRODUCED June 25, 2018
BY: Ed Bro ..
MEMBER O. (TY COUNCIL
7
APPROVED: ` �` j
DENT F�COUNCIL
ATTESTED BY. _-1:1 ,i -'[-. 4 ;.!-.,,,:e`.
ACTING CITY CLERK
PASSED AND APPROVED: July 9, 2018
EXHIBIT C - OPTION LETTER
SAMPLE OPTION LETTER
Date: State Fiscal Year: Option Letter No.
SUBJECT: [Amount of goods/Level of service change]
In accordance with Paragraph(s) of contract routing number , [original Routing#],
between the State of Colorado Department of Transportation and [Local Agency name] covering the
period of[July 1, 20 through June 30, 20 ],the state hereby exercises the option for an additional
one year's performance period at the cost/price specified in [Section, Paragraph or Exhibit],and a/an
[increase/decrease] in the amount of goods/services at the same rate(s)as specified in [Section, Paragraph
or Exhibit].
The amount of funds available and encumbered in this contract is [increased/decreased] by [$ amount of
change] to a new total funds available of[$ ] to satisfy services/goods ordered under the
contract for the current fiscal year, [FY ]. The first sentence in Paragraph is hereby modified
accordingly. The total contract value to include all previous amendments,option letters, encumbrance
letters, etc... is [$ ].
APPROVALS:
State of Colorado:
John W. Hickenlooper, Governor
By: Date:
[for Executive Director,Colorado Department of Transportation]
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract 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 Contractor begins performing
prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided
hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA,JD
By:
Department of Transportation
Date:
Exhibit C - Page 1 of I
EXHIBIT D — ENCUMBRANCE LETTER
SAMPLE ENCUMBRANCE LETTER
Date: State Fiscal Year: Encumbrance Letter No. Routing#
I) Encumber fiscal year funding in the contract.
2) PROVISIONS: In accordance with Section(s) of the original Contract routing number
between the State of Colorado, Department of Transportation, and [Contractor's Name],
covering the term [Insert Orig start date] through [Insert Current ending date], the State hereby
encumbers funds for the goods/services specified in the contract for fiscal year
The amount of the current Fiscal Year encumbrance is [$ amount of change] bringing the total
actual encumbrance for the contract to [Insert New $Amt] as consideration for services/goods
ordered under the contract for the current fiscal year
Requisition# CDOT Document# Doc Line# WBS or Fund Center# Change Amount
The total contract actual encumbered value including all previous amendments, option letters,
encumbrance letters, etc. is [Insert New $ Amt].
3) EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the
State Controller or July 1, 20 , whichever is later.
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of"transportation
By:
(For)Executive Director
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract 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 Contractor begins
performing prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or
services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA,JD
By:
Department of Transportation
Date:
Exhibit D - Page I of 1