HomeMy WebLinkAbout06206ORDINANCE NO. 6206
AN ORDINANCE APPROVING A CONTRACT, PROJECT
NO. STA MO86- 023/11716 BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND THE COLORADO
DEPARTMENT OF TRANSPORTATION, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE THE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
A certain Contract, after having been approved by the City Attorney, by and between
PUEBLO, A MUNICIPAL CORPORATION, and the COLORADO DEPARTMENT OF
TRANSPORTATION, relating to project number STA M086- 023/11716, covering a Grant under
The Intermodal Surface Transportation Efficiency Act of 1991, surface transportation program to
supplement and assist the financing of the construction of the new Downtown Transit Center at 2 °
and Court Street, be and the same are hereby approved. Copies of which are on file in the City
Clerk's Office.
SECTION 2.
The President of City Council is hereby authorized to execute said Contract on behalf of
Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest
the same.
SECTION 3.
This Ordinance shall become effective immediately upon passage and approval.
INTRODUCED: May 27 , 1997
By: Charles Jones
Councilperson
ATTEST:
APPROVED: '
C6 Clerk President C,i WCouncil
STA M086 -023 (11716)
Pueblo Transit Center
Region 2/NSO
CONTRACT
Contract Routing # 97 HA2 01060
THIS CONTRACT, made this day of , 19 , by and between the
State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION,
hereinafter referred to as the State, and the CITY OF PUEBLO, P.O. Box 1427, Pueblo, Colorado,
81003, FEIN #846000615 G, hereinafter referred to as the Local Agency or as the Contractor,
WHEREAS, 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, Contract
Encumbrance Number 11716 [00] C (Contract Encumbrance Amount $250,000.00); and
WHEREAS, required approval, clearance and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, pursuant to Title I, Part A, Section 1007 of the Intermodal Surface
Transportation Efficiency Act of 1991, certain Federal funds have been and will in the future be,
allocated for projects eligible under the Surface Transportation Program, hereinafter referred to as
the program; and
WHEREAS, pursuant to the program, Federal -aid funds have been made available for a
project, identified as STA M086 -023, for construction sidewalks, curb and gutter, storm inlets,
interior and exterior passenger seating, pedestrian/passenger signage and lighting, trash receptacles,
landscaping and irrigation, and installation of light footers, conduit, pull boxes and master control
unit, hereinafter referred to as "the work ". The work is a part of a larger local agency project to
construct a transit center in the Local Agency's central business district; and
WHEREAS, 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 are borne by the
Local Agency at 100 %; and
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WHEREAS, the Local Agency has estimated the total cost of the work and is prepared to
provide its share of the cost as evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authorized representatives of the Local Agency, a copy of which is attached hereto
and made a part hereof, and
WHEREAS, said ordinance or resolution also establishes the authority under which the Local
Agency enters into this contract; and
WHEREAS, this contract is executed by the State under authority of Sections 24 -92 -101, et
seq., 29 -1 -203, 43 -1 -110, 43 -1 -116, 43- 2- 101(4)(c) and 43 -2 -144, C.R.S., as amended; and
WHEREAS, the parties hereto desire to agree upon the division of responsibilities with
regard to this project; and
WHEREAS, the Local Agency is adequately staffed and suitably equipped to undertake and
satisfactorily complete portions of the work; and
WHEREAS, the State certifies that such work can be more advantageously performed by the
Local Agency.
NOW, THEREFORE, it is hereby agreed that:
I. PROJECT DESCRIPTION
A. "The project" or "the work" under this contract shall consist of construction of
sidewalks, curb and gutter, storm inlets, interior and exterior passenger seating,
pedestrian/passenger signage and lighting, trash receptacles, landscaping and
irrigation, and installation of light footers, conduit, pull boxes and master control
unit, hereinafter referred to as "the work ". The work is a part of a larger local agency
project to construct a transit center in the Local Agency's central business district,
located at 123 Court Street in Pueblo, Colorado.
II. PROJECT FUNDING PROVISIONS
A. the Local Agency has estimated the total cost of the work to be $312,500.00 which
is to be funded as follows:
a. Federal participating funds
(80% of $312,500.00) $250,000.00
b. Local Agency participating funds
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(20% of $312,500.00) $ 63,500.00
Total Funds
$312,500.00
B. 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 are borne by the Local Agency at 100 %. If the total actual
cost of performance of the work exceeds $312,500.00, 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 the total
actual cost of performance of the work is less than $312,500.00, then the amounts of
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
$250,000.00 (100% of the Federal Funds) unless such amount is increased by a
written supplemental contract.
D. 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 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
herein. 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
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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. The Local Agency shall pay the
State for all such costs within 30 days of receipt of written notice from the State
requesting same.
E. 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 agreeable
to the parties prior to bid and award.
F. The parties hereto agree that this contract is contingent upon all funds designated for
the project herein being made available from FHWA and the Local Agency. Should
FHWA and the Local Agency fail to provide necessary funds as agreed upon herein,
the contract may be terminated by either party. Any party terminating its interest and
obligations herein shall not be relieved of any financial obligations which existed
prior to the effective date of such termination or which may occur as a result of such
termination.
III. STATE COMMITMENTS
A. The State will provide liaison with the Local Agency through the State's Region
Transportation Director, Region 2, located at 905 Erie Avenue, P.O. Box 536,
Pueblo, Colorado 81002, 719 -546 -5400. Said Region Transportation Director will
also be responsible for coordinating the State's activities under this contract.
B. The State will administer Federal -aid funds for this project in accordance with the
following provisions. All funds expended by the State for the performance of any
work under this contract or relative to the administration of this contract shall be
charged to this project.
1. Costs incurred by the Local Agency
The State will reimburse the Local Agency for the Federal -aid share of the
project charges following the State's review and approval of such charges.
Charges incurred by the Local Agency prior to the date of Federal Highway
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Administration (FHWA) authorization for the project will not be charged to
the project.
C. If "the work" involves construction, the State will review construction plans, special
provisions and estimates and will cause the Local Agency to make those changes
necessary to assure compliance with State and FHWA requirements. The Local
Agency will afford the State ample opportunity to review the construction plans,
special provisions and estimates, as changed and said plans shall be considered final
when approved and accepted by the parties hereto. The final plans are incorporated
herein by this reference.
D. The State will perform a final project inspection prior to project acceptance as a
Quality Control activity. When all project work has been satisfactorily completed,
the State will sign the FHWA form 1212 A (formerly 1446C).
IV. LOCAL AGENCY COMMITMENTS
A. To the extent required by the nature of the project, the Local Agency will provide:
1. Preliminary engineering, design services, preparation of construction plans,
special provisions and estimates in accordance with the State's Roadway and
Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction. Said plans shall include details of any required detours to
prevent any interference of the construction work and to protect the traveling
public. All plans produced shall be stamped by a Colorado Registered
Professional Engineer.
2. Design work sheets used in designing of the project.
3. Construction supervision by a Colorado Registered Professional Engineer.
B. The Local Agency will comply with the following:
1. The Local Agency will prepare construction plans in accordance with the
requirements of Engineering Services Section 107, Preparation of
Construction Plans by Local Agency, attached hereto and made a part hereof.
2. The Local Agency will be responsible for the plans being accurate and
complete.
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C. The Local Agency will comply with the applicable provisions of the State's approved
Action Plan, including all federal directives contained therein by reference. Copies
of the applicable provisions may be requested from the Office of Environmental
Services, Colorado Department of Transportation, 4201 E. Arkansas Avenue, Rm.
284, Denver Co 80222.
D. 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. The Local Agency will provide final assembly of construction plans, special provi-
sions, estimates and contract documents.
F. If construction on the project is to be bid, the Local Agency in conjunction with the
State will advertise the call for bids, and upon concurrence by the State award the
construction contract(s) to the lowest responsible bidder(s).
G. 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. Following award of the
construction contract(s), no further revisions in design data or cost estimate shall be
made except by agreement in writing between the parties. 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 if
required to complete the work under this project if no additional federal -aid funds
will be made available for the project.
H. If "the work" involves construction, administration of the project shall be in accord
with the project's Pre - construction and Contract Administration Checklists, as
amended, which are attached hereto and made a part hereof. If the Local agency is
responsible for administering the project, the Local Agency shall appoint a qualified
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professional engineer, licensed in the State of Colorado, as the Local Agency Project
Engineer (LAPE). Such administration shall consist of 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; and, meeting the Quality Control (QC)
requirements of the FHWA/State stewardship program.
I. The LAPE shall administer the project in accordance with this agreement, the
requirements of the construction contract, and State procedures. The LAPE may be
an employee of the Local Agency or a consultant. In such event, notwithstanding
Section 12 -25 -103, C.R.S., as amended, the LAPE shall be in responsible charge of
the construction of the project as provided in Section 12 -25 -102 C.R.S. as amended.
J. In the event that all or part of the work is to be accomplished by force account rather
than contract, the Local Agency will insure that all work is accomplished in
accordance with the pertinent State specifications as well as FAPG, Title 23, Chapter
I, Sub - chapter B, Part 635, Sub -part B, Force Account Construction. 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 FAPG, Title 23, Chapter I, Sub - chapter B, Part 635, Sub -part B, Section
635.204(c). Such agreed unit prices shall constitute a commitment as to the value of
the work to be performed. It may be agreed to participate in 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 Procurement Regulations Part 1 -15. Rental
rates for publicly owned equipment will be determined in accordance with Section
109.04 of the State's "Standard Specifications for Road and Bridge Construction ".
All force account work shall have prior approval of the FHWA and shall not be
initiated until the State has issued a written notice to proceed. The Local Agency
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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.
K. The Local Agency will prepare and submit to the State monthly charges for costs
incurred relative to the project. The Local Agency will prepare project charges in
accordance with the State's standard policies, procedures, and standardized billing
format attached hereto and made a part hereof. Charges incurred by the Local
Agency prior to the date of FHWA authorization of the project will not be charged
to the project.
L. 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.
M. 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 inspections of the project to verify that such
improvements are being adequately maintained.
N. The Local Agency /Contractor shall be cognizant of and fully comply with all federal
requirements applicable to the performance of the work, and/or applicable to any
procurement for the work, under this federally funded contract. Such requirements
include:
1. Title 23, Code of Federal Regulations (CFR), Part 172, if the contract provides for
design /engineering consultant services. The requirements of 23 CFR 172 include, without
limitation:
a) the Local Agency /Contractor shall submit any design consultant subcontract to CDOT
for approval prior to its execution by the Local Agency /Contractor, as required by section
172.5 (d);
b) the Local Agency /Contractor shall also use the CDOT procedures as described in
Attachment #1 to administer that design consultant subcontract, as required by sections
172.5(b) and (d);
c) to expedite any CDOT approval, the Local Agency /Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local
Agency /Contractor compliance with those CDOT Attachment #1 procedures and with the
requirements of sections 172.5(b) and (d); and
2. Title 23 United States Code (USC) Section 112 and Title 23 CFR Part 633, if the contract
provides for highway construction services. The requirements of 23 USC 112 and 23 CFR 633
include, without limitation: the Local Agency /Contractor shall physically incorporate the entire "Form
1273" (which, if relevant to this contract, is attached and incorporated into this Contract) into any
subcontract(s) for those services as terms and conditions thereof, as required by 23 CFR 633.102(e);
and
3. Title 49, CFR, Part 18, unless other applicable federal requirements (including the
provisions of 23 CFR 172 and 23 CFR 633) are more specific than provisions of Part 18 and
therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without
limitation:
a) the Local Agency /Contractor shall follow applicable procurement procedures, as required
by section 18.36(d);
b) the Local Agency /Contractor shall request and obtain prior CDOT approval of changes
to any subcontracts in the manner, and to the extent required by, applicable provisions of
section 18.30;
c) the Local Agency /Contractor shall comply with section 18.37 concerning any subgrants;
d) to expedite any CDOT approval, the Local Agency /Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local
Agency /Contractor compliance with section 18.30 change order procedures, and with
18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable;
e) the Local Agency /Contractor shall incorporate the specific contract provisions described
in 18.36(I) (which are also deemed incorporated herein) into any subcontract(s) for such
services as terms and conditions of those subcontracts.
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V. GENERAL PROVISIONS
A. 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.
B. This contract may be terminated as follows:
(a) 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 such termination and specifying the
effective date thereof, at least five (5) days before the effective date of such
termination. In that event that the contract is terminated for cause the Local Agency
shall reimburse the State the entire amount paid to the Local Agency for the project
in a lump sum payment made within thirty (30) days of the termination.
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.
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.
(b) 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
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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 Due to Loss of Funding. The parties hereto expressly recognize
that the Local Agency is to be paid, reimbursed, or otherwise compensated with
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.
C. 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.
D. This contract is subject to such modifications as may be required by changes in
federal or State law, or their implementing regulations. Any such required
modification shall automatically be incorporated into and be part of this contract on
the effective date of such change as if fully set forth herein. Except as provided
above, no modification of this contract shall be effective unless agreed to in writing
by both parties in an amendment to this contract that is properly executed and
approved in accordance with applicable law.
E. 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
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hereof shall not be construed as a waiver of any other term, or the same term upon
subsequent breach.
F. 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.
G. 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.
H. 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.
I. 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.
J. During the performance of all work under this contract, the parties hereto agree to
comply with Title VI, of the Civil Rights Act of 1964, the salient points of which are
shown in the Non - discrimination Provisions attached hereto and made a part hereof.
K. The Special Provisions, Attachment LO, CDOT's Non - Discrimination Provision
form, and Appendix B attached hereto are hereby made a part of this contract.
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. The Special Provisions and the attachments enumerated in Section V, paragraph
L, above; and
2. This contract proper;
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3. Other contract attachments and exhibits.
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.
O. Vendor Offsets Pursuant to C.R.S. 24 -30- 202.4, as amended, the state controller
may withhold debts owed to state agencies under the vendor offset intercept system
for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of
tax, accrued interest, or other charges specified in Article 22, Title 39, C.R.S.;
unpaid loans due to the student loan division of the department of higher education;
(d) owed amounts required to be paid to the unemployment compensation fund; and
(e) other unpaid debts owing to the state or any agency thereof, the amount of which
is found to be owing as a result of final agency determination or reduced to judgment
as certified by the controller.
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IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year
first above written.
ATTEST:
STATE OF COLORADO
ROY ROMER, GOVERNOR
By By t
Chief Clerk ecutive Director
EPARTMENT OF TRANSPORTATION
APPROVED:
CLIFFORD W. HALL
State Controller
�Wlco
M. i,
ATTEST:
By 0 j. 1
Title City Clerk
GALE A. NORTON
Attorney General
BARRY B. RYA
Assistant Attorne General
Natural Resources Section
CITY OF PUEBLO, COLORADO
B
Y
Title President of the Council
Federal Employer Identification Number:
846000615 G
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