HomeMy WebLinkAbout06464ORDINANCE NO. 6464
AN ORDINANCE APPROVING A CONTRACT, PROJECT STP R200-
079, SUBACCT 12771, 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.
The contract between the City of Pueblo, a Municipal Corporation, and the Colorado
Department of Transportation concerning the joint purchase and installation of the TCS -II traffic signal
computer system software and clarification of firture maintenance responsibilities between CDOT
Region 2 and the City of Pueblo is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute this Contract for and on behalf
of the City and the City Clerk is authorized and directed to attest same and affix the Seal of the City
thereto.
SECTION 3.
This ordinance shall become effective immediately upon passage and approval.
Introduced August 9, 1999
By Bob Schilling
Councilperson
;AP R VED:
President of the City Council
ATTEST:
i
11
Y
TITLE: AN ORDINANCE APPROVING A CONTRACT,
PROJECT STP R200 -079, SUBACCT 12771 BETWEEN
PUEBLO, A MUNICIPAL CORPORATION, AND THE
COLORADO DEPARTMENT OF TRANSPORTATION,
AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE THE SAME.
DEPARTMENT: Transportation
AGENDA ITEM #
DATE: July 29, 1999
ISSUE: Should the City Council enter into a contract with the Colorado
Department of Transportation for the joint purchase and installation of
the TCS -11 traffic signal computer system software and clarification
of future maintenance responsibilities between CDOT Region 2 and
the City of Pueblo.
RECOMMENDATION: Approval of the Ordinance.
BACKGROUND: This agreement is the result of continued cooperation between the City
of Pueblo and the State Transportation Department. This particular
project is funded under the Transportation Equity Act for the 21st
Century. This is a joint project between the City of Pueblo and CDOT
Region 2, which allows the City to purchase traffic signal computer
system software at 50 of the original price. CDOT will pay the
remaining 50% of the software cost. The software is an unlimited
license to operate all existing and future traffic signals within the City
of Pueblo and CDOT Region 2.
FINANCIL IMPACT: The total amount of the City's share of this grant is $224,650 of which
82.79% ($185,988) is Federal participating funds, with 17.21% Local
Agency participating share ($38,662). The City's local match is in
account number 002 - 1997 - 100 - 000 - 040 -1102.
PROJECT STP R200 -079, SUBACCT 12771
Traffic Control System/ Installation and maintenance
Pueblo/R- 2 /(reo)
Rev 7/98 (FMCDOTWRK)
99 HA2 00087
CONTRAST
THIS CONTRACT, made this day of , rr 19J by and between the
State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as CDOT, and THE CITY OF PUEBLO, STATE of
COLORADO, P.O. Box 1427, Pueblo, CO 81002 - 14227, FEIN: 846000615, 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 9991, Program
2000, Function 3404, Object 3127 TP, Reporting Category 2500, Contract Encumbrance Number
12771, (Contract Encumbrance Amount: $0.00).
2. Required approval, clearance and coordination has been accomplished from and with appropriate
agencies.
3. Pursuant to Title I, Subtitle A, Section 1108 of the Tranpsoration Equity Act for the 21 st Century
of 1998 (T -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 3 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.
4.5 The Local Agency has requested that a certain local highway project be funded as part of the
program, and by the date of execution of this contract the Local Agency (and/or the State) has
completed and submitted a preliminary version of a scope of work 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 scope of work 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
scope of work, as it may be revised in that Process.
5. The State has an obligation under Section 43 -2 -135 (1) (i) CRS to install and maintain traffic
signals on State Highways.
5.5 Not withstanding the State's obligation under Section 43 -2 -135 (1) (i) C.RS, the Local Agency
has funds available and desires to provide a portion of the funding for the project since the system will
also control Local Agency signals and accelerate the installation schedule.
6. Federal -aid funds have been made available for project, STP 8200 -079 for installation and
maintenance services for traffic control software and hardware as more specifically described in
Exhibit A (the scope of work) in, Pueblo, Colorado, hereinafter referred to as "the project" or "the
work ".
7. The matching ratio for this federal -aid project is 82.79% federal -aid funds to 17.21% 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%.
8. 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 thru this contract, in order
to obtain federal funds for the project.
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9. 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.
10. This contract is executed under the authority of Sections 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 ordinancetresolution.
11. The parties hereto desire to agree upon the division of responsibilities with regard to the project.
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 (ems., 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 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.
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II. PROJECT DESCRIPTION
"The project" or "the Work" under this contract shall consist of installation and maintenance
services by CDOT for a traffic control system software and communications hardware package,
hereinafter referred to as "the project" or "the Work" in Pueblo, Colorado, as more specifically
described in Exhibit A, attached hereto and made a part hereof (the scope of work) as it may be
revised by the parties in the design review process before the project work is actually started.
III. 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 RESPONSIBILITY
The State shall be responsible to perform all the design and/or utility and/or construction and/or
construction administration tasks needed to complete the) Work, and the State shall comply with all
applicable terms and conditions of this contract in performing the Work The responsible party shall
perform all such tasks in accordance with applicable requirements and standards, including those in
this contract and in applicable law. Each party will be responsible for right -of -way and utility
clearance issues for locations within their respective jurisdiction.
V. PROJECT FUNDING PROVISIONS
A. The Local Agency has estimated the total cost the Work to be $470,240.00 which is to
be funded as follows Although the state has an obligation under Section 43 -2 -135 (1) (i) C.R.S to
perform the work at its own cost, the Local Agency desires to contribute funding of the project since
the system will also control Local Agency signals and advance the installation schedule. Funding will
be as follows:
a. Federal participating funds:
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(82.79% of $224,650.00)
b. Local Agency participating share:
(17.21% of $224,650.00)
C. Local Agency matching for CDOT incurred
Non - participating costs
d. State funds for CDOT portion of the project
Total Funds:
$185,988.00
$ 38,662.00
$ 0.00
$245,590.00
$470,240.00
B. The matching ratio for the federal participating funds for this project is 82.79% federal -aid
funds (CFDA #20 2050) to 17.21% Local Agency funds, it being understood that such ratio applies
only to the $224,650.00 that is eligible for federal participation, it being further understood that all
non - participating costs are borne equally by the State and Local Agency. If the total actual cost of
performance of the Work exceeds $470,240.00, and additional federal funds are made available for
the project, the Local Agency shall pay 17.21% of all such costs eligible for federal participation and
pay equally with the State all nonparticipating costs; if additional federal funds are not made available,
the local agency shall pay equally with the State all such excess costs. If the total actual cost of
performance of the Work is less than $470,240.00, 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 a cost of $245,590.00 to the State.
C. The maximum amount payable to the State under this contract shall be $0.00, 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 GOntingent 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
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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.
VI. PROJECT PAYMENT PROVISIONS
A. 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 borne equally by the State and Local Agency.
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 borne equally by the State and Local Agency.
B. If the Local Agency is to be billed for CDOT incurred direct costs, the billing procedure
shall be as follows:
1. 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
Qs.
State at the 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.
VII. STATE COMMITMENTS
A. CDOT LIAISON
CDOT will provide liaison with the Local Agency through CDOT's Region Director, Region
2, 905 Erie Avenue, Pueblo, Colorado, (719) 546 -5452. Said Region Director will also be
responsible for coordinating CDOT's activities under this contract. All communications
relating to the day - to-day activities for the work shall be exchanged between representatives
of the State =s Transportation Region 2 and the Local Agency. Until changed by notice in
writing, all such notices and communications shall be addressed as follows:
If to the State:
Terry Marcum
CDOT Region 2
905 Erie Avenue
Pueblo, CO 81002
(719) 546 -5499
B. DESIGN.
CDOT will perform all design tasks needed to complete the work.
C. CONSTRUCTION
If to the Local Agency:
Dan Centa
City of Pueblo
P.O. Box 1427,
Pueblo, CO 81002 -14227
(719) 545 -5840
CDOT will be responsible for all installation tasks to perform the work.
D. MAINTENANCE.
The State will maintain and operate the improvements constructed under this contract. The
State agrees to participate in 50% of the costs of any future maintenance of the server subject
to funding availability.
E. FUTURE UPGRADES
The State agrees to participate in 50% of the costs of any future upgrades of the server
subject to funding availability.
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VIII. LOCAL AGENCY RE
A. RECORD KEEPING.
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.
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.
B. MAINTENANCE.
The Local Agency agrees to participate in 50% of the costs of any future maintenance of the
server subject to funding availability.
C. FUTURE UPGRADES
The Local Agency agrees to participate in 50% of the costs of any future upgrades of the
server subject to funding availability.
D. 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.
E. LOCAL AGENCY FUNDS
The Local Agency shall provide its match share and indirect cost funds for the work as
outlined in Section V.B.
IX. GENERAL PROVISIONS
A. For the purposes of installation, each party will be responsible for right of way and
utility clearance issues for locations within their respective jurisdiction.
B. The system server shall be owned and maintained by CDOT during the period
when neither party desires to abandon the TCS -H software. In the event that either party
abandons the TCS -II software program for the traffic control system, the system server
purchased for this project shall become the sole property of the other party and future
upgrade and maintenance responsibilities shall also become the responsibility of the other
Party-
C. CDOT and the Local Agency shall receive separate licenses for the software.
Each party shall have ownership of their respective communications platforms.
D. This contract may be terminated as follows:
(1) Termination for Cause. If, through any cause, CDOT shall fail to fulfill, in a
timely and proper manner, its obligations under this contract, or if CDOT shall violate any of
the covenants, agreements, or stipulations of this contract, the Local Agency shall thereupon
have the right to terminate this contract for cause by giving written notice to CDOT 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.
Notwithstanding above, the Local Agency shall not be relieved of liability to CDOT for any
damages sustained by CDOT by virtue of any breach of the contract by the Local Agency.
If after such termination it is determined, for any reason, that CDOT was not in default, or
that CDOT'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 Local Agency may terminate this contract at
any time the Local Agency determines that the purposes of the distribution of funds under the
contract would no longer be served by completion of the project. The Local Agency shall
effect such termination by giving written notice of termination to CDOT 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 CDOT is to be paid, reimbursed, or otherwise compensated with Local Agency funds
which are available to the Local Agency for the purposes of contracting for the project
provided for herein, and therefore, CDOT 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 Local Agency. In the event that such funds or any
part thereof are not available to the Local Agency, the Local Agency may immediately
terminate or amend this contract.
E. 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.
F. 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 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.
G. 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.
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H. 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.
I. 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.
K. This contract shill= brecome "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.
L. The Special Provisions, Attachment LO (Certification for Federal -Aid
Contracts), and Appendix B (DBE requirements) attached hereto are hereby made a part
of this contract. The Local Agency shall comply with all applicable terms and conditions
of such attachments.
M. 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;
2. Other contract attachments and exhibits, in their respective order.
N. 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
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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 bean incidental beneficiary
only.
O. The Local Agency assures and guarantees that it possesses the legal authority
to enter into this contract. The Local Agency 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.
P. The Local Agency and the State may use one or all of the Contract
Modification Tools contained in ADDENDUM B, in order to more expeditiously change
and amend the terms of this contract, if such use is warranted by the circumstances as
described and authorized therein.
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IN WITNESS WHEREOF, the parties hereto have executed this contract
the day and year first above written.
STATE OF COLORADO
ATTEST: BILL OWENS, GOVERNOR
By B
Chief Clerk tive irector
)DEPARTMENT OF TRANSPORTATION
APPROVED:
ARTHUR L. BARNHART KEN SALAZAR
State Controller Attorney General
By B
BARRY B. RYAN
Assistant Attorney General
Civil Litigation Section
ATTEST: (SEAL) CITY PUEBLO, COL RADO
B y B
y 1
Gi, Dutcher Corinne Koehler
Title City Clerk Title President of City Cou ncil
Federal Employer Identification
Number: 846000615
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FROM :CDOT AGREEMENTS 303 7S7 9867 1999.08 -02 08:44 #979 P.02 /0S
EXHIBIT A
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATON
Region II T OT
905 Eric - P_O_ Box 536
Pueblo, Colorado 81002 �.
(719) 546 -5400
DATE: 6 -28 -99
To: Richard Ott
FROM: Terry Marcum
SUBJECT: Scope of Traffic Control System Project
The following is a scope of project #12711 Traffic control software.
Colorado Dept. Of Transportation agrees to pay for the following:
A. $155,000 For the purchase, installation, and training for TCS -11 Software
B. $ 30,000 For the purchase of additional software to include, Syncro interface, Corsim
Interface, and Maintenance inventory program.
C. $ 1,670 For the purchase of the server that will run the system
D. $ 17,600 For the Development of Intersection and Zone graphics for State Maintained
Signals.
E- S 37,980 For the communications Platform to communicate to State Maintained Signals
F. 5 3,340 Work Station Computer
TOTAL $245,590
G. CDOT agrees to Maintain the Server.
H. CDOT and City of Pueblo agree to Pay 50150 split for any future upgrades and repairs to the
server
City of Pueblo agrees to pay for the following:
L $155,000 For the purchase, installation, and training for TCS - software.
J. $ 30,000 For the purchase of additional software to include, Syncro Interface, Corsim
Interface, and Maintenance Inventory Program.
K. S 1,670 For the purchase of the server that will run the System.
L. $ 37,980 For communications Platform to communicate with City of Pueblo maintained
Signals_
TOTAL $2?A,650
CDOT funding will be all state funds
City of pueblo will be using Small Urban Federal Funds and Local Funding Split 82.7996/172196