HomeMy WebLinkAbout06953ORDINANCE NO. 6953
AN ORDINANCE APPROVING A GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF TRANSPORTATION
RELATING TO THE ARKANSAS RIVER TRAIL RECONSTRUCTION PROJECT AND
AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo has received a $150,000 grant from the Colorado
Department of Transportation "Transportation Enhancement Program" for the Arkansas River Trail
Reconstruction Project (fro. STE M086 -038), subject to the execution of a grant contract; and
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
i4:14&91 lil!
A Contract between the City of Pueblo, a Municipal Corporation, and the Colorado
Department of Transportation for the Arkansas River Trail Reconstruction Project, Contract No.
STE M086 -038, 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 and deliver said contract in
the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall
affix the seal of the City thereto and attest the same.
SECTION 3
Funding for the project will be $150,000 from the Colorado Department of Transportation;
$100,000 from Great Outdoors Colorado (Arkansas River Corridor Legacy Project); $30,000 from
the City of Pueblo (Project Number AL0202), and the total construction cost is estimated at
$280,000.
INTRODUCED February 10, 2003
BY All Gurule
Councilperson
APPROVED:
President of City Council
ATTEST:
City ` rk
PASSED AND APPROVED: February 24, 2003
/ rA �.
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # a.�
DATE: FEBRUARY 10, 2003
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
DIRECTOR OF PLANNING /CATHY GREEN, AICP
TITLE
AN ORDINANCE APPROVING A GRANT CONTRACT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO
DEPARTMENT OF TRANSPORTATION RELATING TO THE ARKANSAS RIVER
TRAIL RECONSTRUCTION PROJECT AND AUTHORIZING THE PRESIDENT
OF COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve the attached contract between the City of Pueblo
and the Colorado Department of Transportation relating to the Arkansas River Trail
Reconstruction Project (Project No. STE M086 -038), and authorize the President
of Council to execute the contract?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
The City of Pueblo is committed to complete the Arkansas River Trail
Reconstruction Project that is one of the projects included in the Arkansas River
Corridor Legacy Project. The City has received a $150,000 grant from the
Colorado Department of Transportation 'Transportation Enhancement Program"
and $100,000 of the Arkansas River Corridor Legacy Project grant funds from
Great Outdoors Colorado (GOCO) will be utilized for the reconstruction of the trail.
The project consists of a 10 foot wide hard surfaced trail 9,240 linear feet from the
Burkhardt Bridge below City Park to approximately 800' north of the 4"' Street
Bridge (see attached map). The estimated budget for the project is $280,000,
which includes the following funding sources:
$150,000 Colorado Department of Transportation
100 GOCO (Arkansas River Corridor Legacy Project)
30,000 City of Pueblo's Cash Match
$280,000 TOTAL
The project includes the reconstruction of 1.75 -miles of the 3.5 -mile trail between
City Park and Santa Fe Avenue that is included in the Arkansas River Corridor
Legacy Project.
FINANCIAL IMPACT
The City of Pueblo has appropriated and budgeted the $280,000 as part of the
Arkansas River Corridor Legacy Project in account AL0202 including the City's
$30,000 cash match (see attached Project Budget form). The City of Pueblo will
receive a $150,000 payment from the Colorado Department of Transportation and
$100,000 from GOCO upon the completion of the project. City will continue to
maintain this section of the river trail system following completion of the trail
reconstruction during its useful life.
In the 2003 City Budget $623,000 of the committed reserve funds will be
reimbursed by the Legacy Project Partners. The following breakdown shows the
funds that have been reimbursed by project partners that will be credited to the
FY2003 budget:
LEGACY PROJECT RECAP
Project Sources of Funds Project Reimbursement
Arkansas River Habitat Trout Unlimited $ 10,000
Improvements
Greenway & Nature Pueblo County $ 15,000
Center Environmental Board of Water Works $132,000
Ed. Area Packard Foundation $ 50,000
River Trail Replacement Board of Water Works $ 93,000
Pueblo Zoo — River Otter Pueblo Zoological $100,000
Societv
Total Reimbursements $400,000
., Ordinance No. 6953
(FMLAWRKENH)
PROJECT STE M086 -038 (14192)
REGION 2 /(LML)
TRANSPORTATION ENHANCEMENT CONTRACT
03HA200064
CMS ID 03 -158
THIS CONTRACT, made this A !�day of A t , 2091 by and between the
State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the State or CDOT, and City of Pueblo, STATE
of COLORADO, 211 D Street, Pueblo, CO 81003, FEIN: 84- 6000615, hereinafter referred to as
the Local Agency, or the contractor.
FACTUAL RECITALS.
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment of
project and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization
Number 9991, Program 2000, Function 3301, Object 2312 1P, Project STE M086 -038, Phase C,
Reporting Category 2140, Contract Encumbrance Number 14192, (Contract Encumbrance
Amount: $187,500.00).
2. Required approval, clearance and coordination have been accomplished from and with
appropriate agencies.
3. Pursuant to Title I, Subtitle A, Section 1108 of the Transportation Equity Act for the 21st
Century of 1998 (TEA -21) and to applicable provisions of Title 23 of the United States Code and
implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended,
(collectively referred to hereinafter as "the federal provisions "), certain Federal funds have been
and will in the future be, allocated for highway projects requested by Local Agencies and eligible
under the Surface Transportation Program that has been proposed by the State and approved by
the Federal Highway Administration (FHWA), hereinafter referred to as the program.
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4. Pursuant to § 1007(a) of TEA -21, at 23 U.S.C. § 133(d)(2), certain Surface
Transportation Project funds are made available only for eligible "Transportation Enhancement
Activities ", as defined in § 23 U.S.C. § 101(a), and this contract provides for the performance by
the Local Agency of a project for an eligible Transportation Enhancement Activity.
5. Pursuant to § 43 -1 -223, C.R.S. and to applicable portions of the federal provisions, the
State is responsible for the general administration and supervision of performance of projects in
the program, including the administration of federal funds for a program project performed by a
local agency under a contract with the State.
6. The Local Agency has requested that a certain local highway project be funded as part of
the program as a Transportation Enhancement Activity, and the Local Agency Represents that the
project is an eligible Transportation Enhancement Activity as defined in 23 U.S.C. § 101(a), and
by the date of execution of this contract the Local Agency (and/or the State) has completed and
submitted a preliminary version of CDOT form #463 describing the general nature of that project
work. The Local Agency understands that, before the project work is actually started, the
description of the project work in that CDOT form #463 will likely be revised as a result of
design changes made by CDOT, in conjunction and coordination with the Local Agency, in its
internal review process. The Local Agency desires to agree to perform the project work as
described in the Form #463, as it may be revised in that Process.
7. Federal-aid funds have been made available for project, Arkansas River Trail
Reconstruction (STE M086 -038) for construction of Arkansas River Trail reconstruction, as
more specifically described in Exhibit A (the Form #463 and/or a "Scope of Work "), in, Pueblo,
Colorado, hereinafter referred to as "the project" or "the work ".
8. The matching ratio for this federal -aid project is 80% federal-aid funds to 20% Local
Agency funds, it being understood that such ratio applies only to such costs as are eligible for
federal participation, it being further understood that all non - participating costs shall be borne by
the Local Agency at 100 %.
9. The Local Agency desires to comply with the federal provisions and other applicable
requirements, including the State's general administration and supervision of the project through
this contract, in order to obtain federal funds for the project.
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,> I
10. The Local Agency has estimated the total cost of the Work and is prepared to provide its
match share of the cost, 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 expend its match share of the Work. A copy of
this ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
11. This contract is executed under the authority of §§ 29 -1 -203, 43 -1 -110, 43 -1 -116,
43- 2- 101(4)(c) and 43 -2 -144, C.R.S., as amended, and the Local Agency ordinance /resolution.
12. The parties hereto desire to agree upon the division of responsibilities with regard to the
project.
13. The Local Agency is adequately staffed and suitably equipped to undertake and
satisfactorily complete some or all of the Work.
14. The State certifies that such work can be more advantageously performed by the Local
Agency.
NOW, THEREFORE, it is hereby agreed that:
I. STANDARD FORM CONTRACT
This is a standard form contract that is designed to efficiently contract for and administer 2 types
of program projects: 1) program projects which include the same basic work elements (design;
construction; construction administration by local agency; right -of -way; utilities; etc.); and, also,
2) program projects with specific differences in those basic work elements (e g, a specific
project may include design but no construction, or it may include design and construction but the
State will do the construction administration, etc.)
The form contract accommodates both types of projects by using qualifying language to
condition the application of particular contract requirements, based on whether specific work
elements are included in the project. For instance, where the contract provides ... "If the Work
includes engineering/design services, the Local Agency shall perform the following requirements
... ", the Local Agency need perform those requirements only if engineering/design services are
expressly included in the project, as defined in the Scope of Work. (Conversely, notwithstanding
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that language is in the contract, the Local Agency can ignore those "requirements" if
engineering/design services are NOT expressly included in the Scope of Work.)
The Local Agency shall interpret such qualifying language in that manner. By using such
language, the form contract can apply to both the general and the specific types of projects, thus
making it easier to administer and saving the State and the Local Agency time and expense.
H. PROJECT DESCRIPTION
"The project" or "the Work" under this contract shall consist of construction of Arkansas River
Trail reconstruction, in Pueblo, Colorado, as more specifically described in Exhibit A, attached
hereto and made a part hereof (the Form #463 and/or a "Scope of Work ") as it may be revised by
the parties in the design review process before the project work is actually started.
M. INCORPORATION BY REFERENCE
All federal and state statutes, regulations, specifications, administration checklists, directives,
procedures, documents, and publications that are specifically identified and/or referenced in this
contract, together with all exhibits and attachments and addenda to this contract, are incorporated
herein by this reference as terms and conditions of this contract as though fully set forth.
IV. WORK RESPONSIBILTTY
The Local Agency shall be responsible to perform (all design and/or right -of -way and/or utility
and/or construction and/or construction administration tasks required to complete) the Work, and
the Local Agency shall comply with all applicable terms and conditions of this contract in
performing the Work, including those process and task responsibilities and standards as
specifically indicated in the Pre - Construction and Construction Administration Checklists
attached hereto and made a part hereof. The responsible party shall perform all such tasks in
accordance with applicable requirements and standards, including those in this contract and in
applicable law.
V. PROJECT FUNDING PROVISIONS
Page 4 of 23
The funding provisions for the project are attached hereto and incorporated herein as Exhibit C.
VI. TRANSPORTATION ENHANCEMENT ADVANCE PAYMENT PROVISIONS
The advance payment provisions described herein shall apply only to a percentage of the
construction work portion of an enhancement project, as described below. Payment for all
other work portions of the Project, including for the design work, shall be on a reimbursement
basis, as described below.
A. Pursuant to FHWA's approval under 23 U.S.C. § 133(e)(3)(B), the State will provide an
advance payment up to a maximum percentage of the total amount for the construction
portion of transportation enhancement project activities, in accord with the following
procedures.
1. the State will provide advance payment to the Local Agency of 70% of the federal
funds budgeted and available for the construction of this transportation
enhancement project, in accord with 23 U.S.C. § 133(e)(3)(B and as described
herein.
2. the Local Agency shall submit the following to the State representative identified
in section VII, after execution of this Contract:
a) a financial statement for the construction of the project; and
b) an invoice for advance payment of 70% of the federal funds budgeted and
available for the construction of the project.
3. After receipt of such statement and invoice, the State will issue a warrant to the
Local Agency in the amount of the approved advance payment of construction
project funds, subject however to the prior performance of the following: A) the
satisfactory completion of the design of the project; B) the State approving the
Local Agency's construction contract; and C) the State issuing to the Local
Agency a Notice To Proceed with the construction of the project.
4. The advanced funds shall be used by the local agency only for the performance of
the construction work of the project. Upon receipt of the notice to proceed from
the State, the Local Agency shall proceed expeditiously to start the construction
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work and prosecute it diligently to completion. If for any reason the local agency
does not start the construction work within 120 days of receipt of the notice to
proceed, or if the Local Agency starts the construction work but discontinues or
abandons performance before completion, the Local Agency shall remit to the
State all federal funds reimbursed or advanced by the State for the project not later
than 30 days after the 120th day, or after the date the Local Agency
discontinues /abandons performance, as applicable.
5. When the Project construction work is completed, the Local Agency shall submit
to the State all required paperwork for that construction work, together with a
final statement of costs for that construction work and a billing for the remaining
30% of the federal funds budgeted and available for the Project construction work.
The State shall not reimburse the Local Agency the remaining 30% of the
construction work costs until the State has reviewed the billings and has inspected
the completed project construction work, subject to the terms and conditions of
this contract.
B. Except as provided in A. above, the State will reimburse the Local Agency for the
federal -aid share of the project design, and other work following the State's review and
approval of such charges, subject to the terms and conditions of this contract. The Local
Agency will prepare and submit to the State monthly charges for costs incurred relative to
the design, and work portions of the project. Provided, however, that charges incurred by
the Local Agency prior to the date of FHWA authorization for the project and prior to the
date this contract is executed by the State Controller or his designee will not be charged
by the Local Agency to the project, and will not be reimbursed by the State, absent
specific FHWA and/or State Controller approval thereof.
C. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of
performance of the Work, not exceeding the maximum total amount described in Exhibit
C. The applicable principles described in Title 49, Code of Federal Regulations, Part 18
(the "Common Rule "), Subpart C ( "Financial Administration "), including 49 C.F.R.
18.22, shall govern the allowability and allocability of costs under this contract. The
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Local Agency shall comply with all such principles. To be eligible for reimbursement,
costs by the Local Agency shall be:
1. in accordance with the provisions of Exhibit C and with the terms and conditions
of the contract.
2. necessary for accomplishment of the Work.
3. reasonable in amount for the goods and services provided.
4. actual net cost to the Local Agency (i.e., the price paid minus any refunds, rebates,
or other items of value received by the Local Agency that have the effect of
reducing the cost actually incurred).
5. incurred for Work performed subsequent to the effective date of this contract.
6. satisfactorily documented.
D. The Local Agency shall establish and maintain a proper accounting system in accordance
with generally accepted accounting standards (a separate set of accounts, or as a separate
and integral part of its current accounting scheme) to assure that project funds are
expended and costs accounted for in a manner consistent with this contract and project
objectives.
1. All allowable costs charged to the project, including any approved services
contributed by the Local Agency or others, shall be supported by properly
executed payrolls, time records, invoices, contracts or vouchers evidencing in
detail the nature of the charges.
2. Any check or order drawn up by the Local Agency, including any item which is or
will be chargeable against the project account shall be drawn up only in
accordance with a properly signed voucher then on file in the office of the Local
Agency, which will detail the purpose for which said check or order is drawn. All
checks, payrolls, invoices, contracts, vouchers, orders or other accounting
documents shall be clearly identified, readily accessible, and to the extent feasible,
kept separate and apart from all other such documents.
E. Upon execution of this contract the State is authorized, in its discretion, to perform any
necessary administrative support services pursuant to this contract. These services may be
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performed prior to and in preparation for any conditions or requirements of this contract,
including prior FHWA approval of project work. The Local Agency understands and
agrees that the State may perform such services, and that payment for such services shall be
at no cost to the State but shall be as provided in Exhibit C. At the request of the Local
Agency, the State shall also provide other assistance pursuant to this contract as may be
agreed in writing. In the event that federal -aid project funds remain available for payment,
the Local Agency understands and agrees the costs of any such services and assistance shall
be paid to the State from project funds at the applicable rate. However, in the event that
such funding is not made available or is withdrawn for this contract, or if the Local Agency
terminates this contract prior to project approval or completion for any reason, then all
actual incurred costs of such services and assistance provided by the State shall be the sole
expense of the Local Agency.
F. If the Local Agency is to be billed for CDOT incurred direct costs, the billing procedure
shall be as follows:
Upon receipt of each bill from the State, the Local Agency will remit to the State
the amount billed no later than 45 days after receipt of each bill. Should the Local
Agency fail to pay moneys due the State within 45 days of demand or within such
other period as may be agreed between the parties hereto, the Local Agency agrees
that at the request of the State, the State Treasurer may withhold an equal amount
from future apportionments due the Local Agency from the Highway Users Tax
Fund and to pay such funds directly to the State. Interim funds, until the State is
reimbursed, shall be payable from the State Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 45 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the
payment which was not made in a timely manner, until the billing is paid in full.
The interest shall accrue for the period from the required payment date to the date
on which payment is made.
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G. The Local Agency will prepare and submit to the State monthly charges for costs incurred
relative to the project. The Local Agency's invoices shall include a description of the
amounts of services performed, the dates of performance and the amounts and description
of reimbursable expenses. The invoices will be prepared in accordance with the State's
standard policies, procedures, and standardized billing format attached hereto and made a
part hereof as Exhibit D.
H. To be considered for payment, billings for payment pursuant to this contract must be
received within 60 days after the period for which payment is being requested and final
billings on the contract must be received by the State within 60 days after the end of the
contract term.
1. Payments pursuant to this contract shall be made as earned, in whole or in part,
from available funds, encumbered for the purchase of the described services. The
liability of the State, at any time, for such payments shall be limited to the amount
remaining of such encumbered funds.
2. In the event this contract is terminated, final payment to the Local Agency may be
withheld at the discretion of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission, error, fraud, or
defalcation shall be recovered from the Local Agency by deduction from
subsequent payment under this contract or other contracts between the State and
Local Agency, or by the State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under the Common
Rule shall be reimbursed by the Local Agency, or offset against current
obligations due by the State to the Local Agency, at the State's election.
VII. STATE COMMTTMENTS
A. The State will provide liaison with the Local Agency through the State's Region Director,
Region 2, 905 Erie Avenue, P.O. Box 536, Pueblo, Colorado 81002 -8017, (719) 546-
5452. Said Region Director will also be responsible for coordinating the State's activities
under this contract. Said Region Director will also issue a "Notice to Proceed" to the
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Local Agency for commencement of the Work. All communication relating to the day -
to-day activities for the work shall be exchanged between representatives of the State's
IN
Transportation Region 2 and the Local Agency. Until changed by notice in writing, all
routine correspondence shall be addressed as follows:
If to State: If to the Local Agency:
Andy Garton
Scott Hobson
CDOT Region 2
City of Pueblo
905 Erie Avenue, P.O. Box 536
211 D Street
Pueblo, CO 81002
Pueblo, CO 81003
(719) 546 -5439
(719) 543 -6006
The State will advancetreimburse the Local Agency for the federal -aid share of the
project charges, as provided in Exhibit C.
If the Work includes construction, the State, at its discretion, will review construction
plans, special provisions and estimates and will cause the Local Agency to make those
changes therein that the State determines are necessary to assure compliance with State
and FHWA requirements.
The State will perform a final project inspection prior to project acceptance as a Quality
Control/Assurance activity. When all project work has been satisfactorily completed, the
State will sign the FHWA form 1212.
VIII. LOCAL AGENCY COMMITMENTS
Q
I.
DESIGN.
If "the Work" includes preliminary design, or final design (a.k.a. "construction plans "), or
design work sheets, or special provisions and estimates (collectively referred to as "the
Plans "), the party that is responsible under Section IV (either the Local Agency or the
State) for the Plans \design shall comply with the following requirements, as applicable:
1. perform or provide the Plans, to the extent required by the nature of the Work.
2. prepare final design ( "construction plans ") in accord with the requirements of the
latest edition of the American Association of State Highway Transportation
Officials (AASHTO) manual.
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3. prepare special provisions and estimates in accord with the State's Roadway and
Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction.
4. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
5. stamp the Plans produced by a Colorado Registered Professional Engineer.
6. provide final assembly of the Plans and contract documents.
7. be responsible for the Plans being accurate and complete.
8. Make no further changes in the Plans following the award of the construction
contract except by agreement in writing between the parties. The Plans shall be
considered final when approved and accepted by the parties hereto, and when final
they shall be deemed incorporated herein.
H. If the Local Agency is the responsible party:
1. It shall afford the State ample opportunity to review the Plans and make any
changes in the Plans as directed by the State to comply with FHWA requirements.
2. It may enter into a contract with a consultant to do all or any portion of the Plans
and/or of construction administration. Provided, however, that if federal -aid
funds are to participate in the cost of such work to be done by a consultant, the
Local Agency shall ensure that its procurement of that consultant contract (and the
performance/provision of the Plans under that contract) complies with all
applicable requirements of Title 23, Code of Federal Regulations (CFR), Part 172,
(concerning the Administration of Engineering and Design Related Service
Contracts), and with any procedures implementing those requirements as provided
by the State, including those described in Attachment #1, which is incorporated
herein by this reference. Those requirements and procedures include, without
limitation:
a) it shall (or its contractor shall) submit any consultant subcontract to CDOT
for approval prior to its execution by the Local Agency /Contractor, as required by
§ 172.5 (d);
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b) it shall ensure that all changes in the consultant contract shall be by written
supplemental agreement and must have prior approval of the State and FHWA.
As soon as the contract with the consultant has been awarded by the Local
Agency, one copy of the executed contract shall be submitted to the State. Any
amendments to such contract shall be similarly submitted;
C) it shall require that all consultant billings under that contract shall comply
with the State's standardized consultant billing format. Examples of the billing
formats for the various methods of contract payment are attached hereto as
Attachment 2;
d) it shall (or its contractor shall) also use the CDOT procedures as described
in Attachment #1 to administer that design consultant subcontract, to comply with
§ 172.5(b) and (d);
e) it may expedite any CDOT approval of its procurement process and/or of
its consultant contract by submitting a letter to CDOT from the Local Agency's
attorney and/or authorized representative certifying compliance with those CDOT
Attachment #1 procedures and with the requirements of § 172.5(b) and (d).
f) it shall ensure that its consultant contract complies with the requirements
of 49 CFR 18.36 (i) and contains the required provisions as well as the following
language which shall be included verbatim:
1) "The design work under this contract shall be compatible with the
requirements of a separate contract between the Local Agency and the
State (which is incorporated herein by this reference) for the
design/construction of the project. The State is an intended third party
beneficiary of this contract for that purpose."
2) "Upon advertisement of the project work for construction, the
consultant shall make available services as requested by the State to assist
the State in the evaluation of construction and the resolution of
construction problems that may arise during the construction of the
project."
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3) "The consultant shall review the construction contractor's shop
drawings for conformance with the contract documents and compliance
with the provisions of the State's publication, "Standard Specifications for
Road and Bridge Construction ", in connection with this work."
B. CONSTRUCTION.
I. If "the Work" includes construction, the party that is responsible under Section for the
construction/construction administration IV (either the Local Agency or the State) shall
perform the construction in accordance with the approved design plans and/or administer
the construction all in accord with the project's Pre - construction and Construction
Contract Administration Checklists. Such administration shall include project inspection
and testing; approving sources of materials; performing required plant and shop
inspections; documentation of contract payments, testing, and inspection activities;
preparing and approving pay estimates; preparing, approving, and securing the funding
for contract modification orders (CMOs) and minor contract revisions (MCRs);
processing contractor claims; construction supervision; and, meeting the Quality Control
(QC) requirements of the FHWA/State stewardship program, all as more fully described
in the project's Pre - construction and Contract Administration Checklists.
H. If the Local Agency is the responsible party, it shall:
1. appoint a qualified professional engineer, licensed in the State of Colorado, as the
Local Agency Project Engineer (LAPE), to perform that administration. The
LAPE shall administer the project in accordance with this agreement, the
requirements of the construction contract, and applicable State procedures. The
LAPE may be an employee of the Local Agency or may be a consultant. If the
LAPE is an employee of the Local Agency, the LAPE shall be in responsible
charge of the construction of the project (as provided in § 12 -25 -102 C.R.S. as
amended), notwithstanding any exception described in § 12 -25 -103, C.R.S., as
amended.
2. if bids are to be let for the construction of the project, the Local Agency shall in
conjunction with the State advertise the call for bids and upon concurrence by the
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State award the construction contract(s) to the low responsive, responsible
bidder(s).
a) In advertising and awarding the bid for the construction of a federal -aid
project, the Local Agency shall comply with applicable requirements of 23 U.S.C.
§ 112 and 23 C.F.R. § § 633 , and 635. Those requirements include, without
limitation, that the Local Agency /Contractor shall physically incorporate the entire
"Form 1273" (which, if relevant to this contract, is attached) verbatim into any
subcontract(s) for those services as terms and conditions thereof, as required by 23
CFR 633.102(e).
b) The Local Agency has the option to accept or reject the proposal of the
low bidder for work on which competitive bids have been received. The Local
Agency must declare the acceptance or rejection at the award conference or within
3 working days after said bids are publicly opened, whichever occurs later.)
C) By indicating its concurrence in such award at the award conference, the
Local Agency acting by or through its duly authorized representatives, agrees to
provide additional funds, subject to their availability and appropriation for that
purpose, if required to complete the Work under this project if no additional
federal -aid funds will be made available for the project.)
3. if all or part of the construction work is to be accomplished by Local Agency
personnel i.e., by "force account "), rather than by a contractor pursuant to a
contract with the Local Agency, the Local Agency will ensure that all such force
account work is accomplished in accordance with the pertinent State
specifications and requirements and with 23 C.F.R. Part 635, Subpart B, "Force
Account Construction ".
a) Such work will normally be based upon estimated quantities and firm unit
prices agreed to between the Local Agency, the State and the FHWA in advance
of the Work, as provided for in § 635.204(c). Such agreed unit prices shall
constitute a commitment as to the value of the Work to be performed.
b) An alternative to (a) is that the Local Agency may agree to participate in
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the Work based on actual costs of labor, equipment rental, materials supplies and
supervision necessary to complete the Work. Where actual costs are used,
eligibility of cost items shall be evaluated for compliance with Federal
Acquisition Regulations (FAR), 48 C.F.R. Part 31.
C) Rental rates for publicly owned equipment will be determined in
accordance with § 109.04 of the State's "Standard Specifications for Road and
Bridge Construction ".
d) All force account work shall have prior approval of the State and/or
FHWA and shall not be initiated until the State has issued a written notice to
proceed.
C. ROW ACOUISTTION/RELOCATION.
Prior to this project being advertised for bids, the Local Agency will certify in writing to the State
that all right of way has been acquired in accordance with the applicable State and federal
regulations, or that no additional right of way is required.
D. UTILITIES.
The Local Agency will be responsible for obtaining the proper clearance or approval from
any utility company which may become involved in this project, by separate agreement
between the Local Agency and the utility, if necessary. Prior to this project being
advertised for bids, the Local Agency will certify in writing to the State that all such
clearances have been obtained.
E. RAILROADS.
In the event the project involves modification of a railroad company's facilities at a
railroad grade crossing whereby the Work is to be accomplished by railroad company
forces, the Local Agency shall make timely application to the State Public Utilities
Commission requesting its order providing for the installation of the proposed
improvements and not proceed with that part of the work without compliance. The Local
Agency shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 Code of Federal Regulations 646, Subpart B,
concerning federal -aid projects involving railroad facilities, including:
Page 15 of 23
1. Executing an agreement setting out what work is to be accomplished and the
location(s) thereof, and that the costs of the improvement shall be eligible for
federal participation.
2. Obtaining the railroad's detailed estimate of the cost of the Work.
3. Establishing future maintenance responsibilities for the proposed installation.
4. Prescribing future use or dispositions of the proposed improvements in the event
of abandonment or elimination of the grade crossing.
5. Establishing future repair and/or replacement responsibilities in the event of
accidental destruction or damage to the installation.
F. ENVIRONMENTAL.
The Local Agency shall perform all work in accord with the requirements of current
federal and state environmental regulation, including the National Environmental Policy
Act of 1969 (NEPA) as applicable.
G. RECORD KEEPING.
I. The Local Agency shall maintain all books, documents, papers, accounting records and
other evidence pertaining to costs incurred and to make such materials available for
inspection at all reasonable times during the contract period and for 3 years from the date
of final payment to the Local Agency. Copies of such records shall be furnished by the
Local Agency if requested.
II. The Local Agency shall, during all phases of the Work, permit duly authorized agents and
employees of the State and the FHWA to inspect the project and to inspect, review and
audit the project records.
The Local Agency will maintain and operate the improvements constructed under this
contract, at its own cost and expense during their useful life, in a manner satisfactory to
the State and FHWA, and will make ample provision for such maintenance each year.
Such maintenance and operations shall be in accordance with all applicable statutes and
ordinances, and regulations promulgated thereunder, which define the Local Agency's
obligation to maintain such improvements. The State and FHWA will make periodic
Page 16 of 23
inspections of the project to verify that such improvements are being adequately
maintained.
I. FEDERAL REQUIREMENTS.
The Local Agency /Contractor shall at all times during the execution of this contract
strictly adhere to, and comply with, all applicable federal and state laws, and their
implementing regulations, as they currently exist and may hereafter be amended, which
are incorporated herein by this reference as terms and conditions of this contract. The
contractor shall also require compliance with these statutes and regulations in subgrant
agreements permitted under this contract. A listing of some of the federal and state laws
that may be applicable, depending on the Local Agency /Contractor work responsibilities
under this contract, are described in ADDENDUM A.
J. DBE REQUIREMENTS
The Local Agency will comply with the requirements of Appendix B and the
Construction Contract Administration Checklist regarding DBE requirements for the
work, except if the Local Agency desires to use its own DBE Program to implement and
administer the DBE provisions of Title 49 CFR Part 23 under this contract, it must submit
a copy of its program's requirements to CDOT for review and approval before the
execution of this contract. If the Local Agency uses its program for this contract, the
Local Agency shall be solely responsible to defend that DBE Program and its use of that
Program against all legal and other challenges or complaints, at its sole cost and expense.
Such responsibility includes, without limitation, determinations concerning DBE
eligibility and certification, adequate legal and factual bases for DBE goals, and good
faith efforts. CDOT approval (if any) of the Local Agency's DBE Program does not
waive or modify the sole responsibility of the Local Agency for its use as described
above.
K. LOCAL AGENCY FUNDS
The Local Agency shall provide its match share and indirect cost funds for the work as
outlined in Exhibit C.
Page 17 of 23
IX. GENERAL PROVISIONS
A. Notwithstanding any consents or approvals given by the State for the Plans, the State will
not be liable or responsible in any manner for the structural design, details or construction
of any major structures that are designed within the Work of this contract.
B. If the Work involves construction, the State shall have the authority to suspend the Work,
wholly or in part, by giving written notice thereof to the Local Agency, due to the failure
of the Local Agency or its construction contractor to correct project conditions which are
unsafe for the Workmen or for such periods as the State may deem necessary due to
unsuitable weather, or for conditions considered unsuitable for the prosecution of the
Work, or for any other condition or reason deemed by the State to be in the public
interest.
C. This contract may be terminated as follows:
1. 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 received just and equitable compensation for any
services and supplies delivered and accepted. The Local Agency shall be
obligated to return any payment advanced under the provisions of this contract.
Notwithstanding 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. It shall be grounds for the State to terminate this
Page 18 of 23
contract for cause, if after a period of two (2) years from the date of this contract,
the Local Agency fails to substantially prosecute the work outlined in the contract.
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.
2. Termination for Convenience. The State may terminate this contract at any time
the State determines that the purposes of the distribution of funds 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.
3. 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.
D. Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and attachments hereto which may require continued
performance or compliance 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.
E. 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
Page 19 of 23
such change as if fully set forth herein. Except as specifically provided otherwise herein,
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.
F. 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. The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent breach.
G. 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 written contract executed and approved pursuant to the State
Fiscal Rules.
H. 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.
I. The Local Agency represents and warrants that it currently 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 obligations under this contract. The Local
Agency's further covenants that, in the performance of this contract, it will not employ
any person or firm having any such known interests.
J. This contract shall become "effective" only upon the date it is executed by the State
Controller, or designee. The term of this contract shall begin on the date first written
above and shall continue through the completion and final acceptance of this project by
the State, FHWA and Local Agency.
K. Attachment LO (Certification for Federal -Aid Contracts), and Appendix B (DBE
requirements) and Addendum B, Contract Modification Tools attached hereto are hereby
Page 20 of 23
made a part of this contract. The Local Agency shall comply with all applicable terms
and conditions of such attachments.
L. If a conflict occurs between the provisions of this contract proper and the attachments
hereto, the priority to be used to resolve such a conflict shall be as follows:
1. This contract proper; and
2. The attachments enumerated in Section VI, paragraph K, above
3. Other contract exhibits and attachments, in descending order of their attachment.
M. 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 parties hereto, and nothing contained in this contract shall give or allow
any such claim or right of action by any other or third person on such contract. It is the
express intention of the parties that any person or entity other than the parties receiving
services or benefits under this contract be deemed to be an incidental beneficiary only.
N. The Local Agency assures and guarantees that it possesses the legal authority to enter
into this contract. The Local Agency warrants 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 they have full authorization to execute this contract.
Page 21 of 23
X. SPECIAL PROVISIONS
1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such
assistant as he may designate.
2. FUND AVAILABILITY. CRS 24 -30 -202 (5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION.
Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all claims, damages,
liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the
Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
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 for the parties, 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
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE
AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND
INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR
ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE
BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR
OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR ffAPLIED, TO BIND
THE STATE TO ANY AGREEMENTS, 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 STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW,
AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
5. NON - DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,
execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by
reference, which provides for arbitration by any extra - judicial body or person or which is otherwise in conflict with said
laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void
by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is
capable of execution.
At all times during the performance of this contract, the 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 & CRS 24 -50 -507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest
whatsoever in the service or property described herein.
Revised: 1211101
Page 22 of 23
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
CITY OF PUEBLO
LEGAL NAME OF CONTRACTING ENTITY
54 6000615
SOCIAL SECURITY NUMBER OR FEIN
SIGNATURE OF AUTHORIZED OFFICER
STATE OF COLORADO:
BILL OWENS
GOVERNOR
BY
for x� uti Director
Department of Transportation
LEGAL REVIEW:
KENSALAZAR
ATTORNEY GENERAL
OW- BY ^
PRINT NAME 8c TM -"F AUTHORIZED OFFICER
CORPORATIONS:
(A CORPORATE SEAL OR ATTESTATION IS REQUIRED.)
ATTEST
(CORPORATE SE)tETARY ORt'(UIVALEN`T, OR TOWN /CITY /COUNTY CLERK)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid
until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins
prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services
provided.
STATE CONTROLLER
ARTHUR L. BARN_H�A
BY �W J �
ww
DATE RA f o' 5 (,
REVISED: 12/1/01
Page 23 of 23
I. EXHIBIT C FUNDING PROVISIONS
A. The Local Agency has estimated the total cost the Work to be $187,500.00 which is to
be funded as follows:
1 BUDGETED FUNDS
a. Federal Funds $150,000.00
(80% of Participating Costs)
b. Local Agency Matching Funds $37,500.00
(20% of Participating Costs)
Local Agency Matching for CDOT -
c. Incurred Non - Participating Costs $0.00
(Including Non - Participating Indirects)
OTAL BUDGETED FUNDS $187,500.00
2 ESTIMATED CDOT- INCURRED COSTS
a. Federal Share $0.00
(80% of Participating Costs)
b. Local Share
Local Agency Share of Participating Costs $0.00
Non - Participating Costs (Including Non -
Participating Indirects) $0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT- INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1a) $150,000.00
b. Less Estimated Federal Share of CDOT- Incurred Costs (2a) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $150,000.00
FOR CDOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount ($150,000.00
divided by 80 %) $187,500.00
Less ROW Acquisition 3111 $0.00
Net to be encumbered as follows:
$187,500:00
Const2311 1P 133011
$187,500.00
Exhibit C — Page 1 of 2
B. The matching ratio for the federal participating funds for this project is 80% federal -aid funds
(CFDA #20 2050) to 20% Local Agency funds, it being understood that such ratio applies
only to the $187,500.00 that is eligible for federal participation, it being further understood
that all non - participating costs are borne by the Local Agency at 100 %. If the total
participating cost of performance of the Work exceeds $187,500.00, and additional federal
funds are made available for the project, the Local Agency shall pay 20% of all such costs
eligible for federal participation and 100% of all non - participating costs; if additional federal
funds are not made available, the local agency shall pay all such excess costs. If the total
participating cost of performance of the Work is less than $187,500.00, then the amounts of
Local Agency and federal -aid funds will be decreased in accordance with the funding ratio
described herein. The performance of the Work shall be at no cost to the State.
C. The maximum amount payable to the Local Agency under this contract shall be $150,000.00,
(For CDOT accounting purposes, the federal funds of $150,000.00 and local matching funds
of $37,500.00 will be encumbered for a total encumbrance of $187,500.00), unless such
amount is increased by an appropriate written modification to this contract executed before
any increased cost is incurred. It is understood and agreed by the parties hereto that the total
cost of the Work stated hereinbefore is the best estimate available, based on the design data
as approved at the time of execution of this contract, and that such cost is subject to revisions
(in accord with the procedure in the previous sentence) agreeable to the parties prior to bid
and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from federal and/or state and/or Local Agency sources, as
applicable. Should these sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein, the contract may be terminated by either party, provided that any
party terminating its interest and obligations herein shall not be relieved of any obligations
which existed prior to the effective date of such termination or which may occur as a result of
such termination.
Exhibit C — Page 2 of 2