HomeMy WebLinkAbout07728ORDINANCE NO. . 7728
AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR TRAFFIC SIGNAL MAINTENANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract, a copy of which is attached hereto, having been approved as to form by the
City Attorney, between the City of Pueblo, a Municipal Corporation, and the Colorado Department
of Transportation, relating to the maintenance of traffic signals on State Highways within the City
limits is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute and deliver the Contract
in the name of the City, and the City Clerk is directed to attest same and affix the Seal of the City
thereto.
INTRODUCED January 14, 2008
PASSED AND APPROVED: January 28. 2008
s
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Background Paper for Proposed
ORDINANCE
Ord. - M23
2g
AGENDA ITEM # (�
DATE: January 14, 2008
DEPARTMENT: PUBLIC WORKS
DAN CENTA, P.E.
TITLE
AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR TRAFFIC SIGNAL MAINTENANCE.
ISSUE
Should the City enter into a contract with the Colorado Department of Transportation to provide
maintenance for State owned traffic signals on State Highways within the City limits.
RECOMMENDATION
Approval of Ordinance
The City has historically maintained various State owned traffic signals throughout the City of
Pueblo. The revised maintenance contract increases the fee paid to the City for such services.
FINANCIAL IMPACT
The Contract increases the monthly payment to the City from $7,502 per month to $10,500 per
month for the maintenance of 42 traffic signals.
(State $Signal Mtce)
City of Pueblo
REGION 2, (rp)
Rev 10/03
08 HA2 00007
SAP ID 271000597
CONTRACT a4r�
t4 44 THIS CONTRACT made this of may. 0-OB, by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to
as the State and the CITY OF PUEBLO, a Municipal Corporation, P.O. Box 1427, Pueblo, Colorado
81003, CDOT Vendor #2000036, hereinafter referred to as the "Contractor" or the "Local Agency."
RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project and
Local Agency costs in Fund Number 400, Function 2300, GL Acct.454100010, Cost Center
R2S25300T, (Contract Encumbrance Amount: $126,000.00).
2. Required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
3. Section 43- 2- 135(1)(i) C.R.S., as amended, requires the State to install, operate, maintain and
control, at State expense, all traffic control devices on the state highway system within cities and
incorporated towns; and;
4. The parties desire to enter this Contract for the Contractor to provide some or all of the certain
maintenance services on state highways that are the responsibility of the State under applicable
law, and for the State to pay the Contractor a reasonable negotiated fixed rate for such services;
5. The parties also intend that the Contractor shall remain responsible to perform any services
and duties on state highways that are the responsibility of the Contractor under applicable law, at
its own cost;
6. The State and the Contractor have the authority, as provided in Sections 29 -1 -203, 43 -1 -106,
43 -2 -103, 43 -2 -104, and 43 -2 -144 C.R.S., as amended, and in applicable ordinance or resolution
duly passed and adopted by the Contractor, to enter into contract with the Contractor for the
purpose of maintenance of traffic control devices on the state highway system as hereinafter set
forth; and
2. The Contractor has adequate facilities to perform the desired maintenance services on
State highways within its jurisdiction.
Page 1 of 10
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
All of the specific location(s) and type(s) of traffic control device(s)to be operated and
maintained by the Contractor pursuant to this contract are described in Exhibit A, attached hereto
and incorporated herein. Such services and highways are further detailed in Section 5.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts
or inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in section 22 of this contract
2. This contract
3. Exhibit A (Scope of Work)
4. Exhibit C (Payment Schedule)
4. Exhibits D and E (Contract Modification Tools)
5. Other Exhibits in descending order of their attachment.
Section 3. Term
This contract shall be effective upon approval of the State Controller or designee, or on the
date made, whichever is later. The term of this contract shall be for a term of FIVE (5) years.
Provided, however, that the State's financial obligation for each subsequent, consecutive fiscal year
of that term after the first fiscal year shall be subject to and contingent upon funds for each
subsequent year being appropriated, budgeted, and otherwise made available therefore.
Section 4. Project Funding and Payment Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to accept the state
funding for the work, as 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 complete the work under the project. A copy of this
ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
B. Subject to the terms of this Contract, for the satisfactory performance of the maintenance
services on the Highways, as described in Section 5, the State shall pay in monthly installments,
upon receipt of the Contractor's statements, as provided herein.
1. The State shall pay the Contractor for the satisfactory operation and maintenance of
traffic control devices under this contract at the rates described in Exhibit C, which is
attached hereto and made a part hereof. Provided, however, that the total charges to be
paid by the State during each fiscal year beginning July 1 and ending June 30 of the
following year shall not exceed a maximum amount of $126,000.00 without the benefit of
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a supplemental agreement executed prior to any such excess charges being incurred.
Contractor billings and State payments for each of the traffic control devices listed in
Exhibit B shall be paid by the State on a monthly basis in accordance with the rates
described in Exhibit C, subject to the maximum amount described above. The Contractor
will bill the State monthly and the State will pay such bills within 60 days.
2. The statements submitted by the Contractor for which payment is requested shall
submit CDOT Form 79 Signal Service Call Report for any service call provided to a
CDOT owned signal as listed in Exhibit A associated with the billing period.
3. If the Contractor fails to satisfactorily perform the maintenance for a segment of the
Highways (or portion thereof), or if the statement submitted by the Contractor does not
adequately document the payment requested, after notice thereof from the State, the State
may deduct and retain a proportionate amount from the monthly payment, based on the above
rate, for that segment or portion.
Section 5. State and Local Agency Commitments
A. The Contractor shall perform the "traffic signal maintenance services" for the certain State
Highway System segments or locations described herein. Such services and highways are detailed
in Exhibit A.
B. The Contractor shall operate and maintain the specific traffic control devices, and at the
particular locations, all as listed on Exhibit A ( "the Work "), in a manner that is consistent with
current public safety standards on state highways within its jurisdictional limits, and in
conformance with applicable portions of the "Manual on Uniform Traffic Control Devices" and
the "Colorado Supplement" thereto, which are referred to collectively as the "Manual' and which
are incorporated herein by reference as terms and conditions of this Contract. The Contractor
shall provide all personnel, equipment, and other services necessary to satisfactorily perform
such operation and maintenance.
C. The State shall have the option to add or delete, at any time during the term of this Contract,
one or more specific traffic control devices from those listed in Exhibit A, and therefore amend
the Work to be performed by the Contractor under this Contract. The State may amend Exhibit
A by written notice to the Contractor using a change order letter substantially equivalent to
Exhibit D.
D. The Contractor may propose, in writing, other potential specific traffic control devices to
be operated and maintained by the Contractor during the term of this contract, based on the same
rates that had been initially agreed to by the Contractor in Exhibit C. If the State determines in
writing that operation and maintenance of those other devices by the Contractor is appropriate,
and is desirable to the State, and if the State agrees to add such devices to this contract, then the
State shall, by written Change Order issued to the Contractor in a form substantially equivalent to
Exhibit D, add such devices to this contract, providing the Contractor agrees in writing to the
addition of any traffic control device.
Page 3of10
E. The Contractor shall perform all maintenance services on an annual basis. The Contractor's
performance of such services shall comply with the same standards that are currently used by the
State for the State's performance of such services, for similar type highways with similar use, in
that year, as determined by the State. The Contractor shall submit CDOT Form 80 Traffic Signal
Preventive Maintenance Report for each CDOT owned signal listed in Exhibit A. These forms
shall be submitted each year in June.
F. The Contractor shall perform the maintenance services in a satisfactory manner and in
accordance with the terms of this Contract. The State reserves the right to determine the proper
quantity and quality of the maintenance services performed by the Contractor, as well as the
adequacy of such services, under this Contract. The State may withhold payment, if necessary,
until Contractor performs the maintenance services to the State's satisfaction. The State will
notify the Contractor in writing of any deficiency in the maintenance services. The Contractor
shall commence corrective action within 24 hours of receiving actual or constructive notice of
such deficiency: a) from the State; b) from its own observation; or c) by any other means. In the
event the Contractor, for any reason, does not or cannot correct the deficiency within 24 hours,
the State reserves the right to correct the deficiency and to deduct the actual cost of such work
from the subsequent payments to the Contractor, or to bill the Contractor for such work.
G. Signal inspections described in Exhibit A shall be accounted for within the duration of this
contract. These inspections shall be addressed semi - annually. Inspection documentation shall be
kept by the Contractor and a copy sent to the CDOT Project Manager listed in this contract. The
Contractor shall submit inspection documentation to the CDOT Project Manager semi - annually
along with the payment requests every December and June. Inspections shall be conducted on all
devices listed in Exhibit A.
Section 6. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications,
and other written materials, which pertain to the costs incurred under this contract. The Local
Agency shall maintain such records for a period of three (3) years after the date of termination of this
contract or final payment hereunder, whichever is later, or for such further period as may be
necessary to resolve any matters which may be pending. The Local Agency shall make such
materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State and FHWA to inspect the proj ect and to inspect, review and audit the project
records.
Section 7. Termination Provisions
This contract may be terminated as follows:
This Contract may be terminated by either party, but only at the end of the State fiscal year (June
30), and only upon written notice thereof sent by registered, prepaid mail and received by the non -
terminating party not later than 30 calendar days before the end of that fiscal year. In that event, the
Page 4 of 10
State shall be responsible to pay the Contractor only for that portion of the traffic control device
maintenance services actually and satisfactorily performed up to the effective date of that
termination, and the Contractor shall be responsible to provide such services up to that date, and the
parties shall have no other obligations or liabilities resulting from that termination.
Section 8. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures, by -laws, and/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s) has full authorization to execute this contract.
Section 9. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region
2, 905 Erie Avenue, Pueblo, Colorado 81001. Said Region Director will also be responsible for
coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the
Local Agency for commencement of the Work. All communications relating to the day -to -day
activities for the work shall be exchanged between representatives of the State's Transportation
Region 2 and the Local Agency. All communication, notices, and correspondence shall be addressed
to the individuals identified below. Either party may from time to time designate in writing new or
substitute representatives.
If to State:
Terry Shippy
CDOT Region 2
905 Erie Avenue
Pueblo, Colorado 81001
(719) 546 -5734
Section 10. Successors
If to the Local Agency:
Pepper Whittlef
City of Pueblo
350 S. Grand Avenue
Pueblo, Colorado 81003
(719) 553 -2722
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
Section 11. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
contract and all rights of action relating to such enforcement, shall be strictly reserved to the State
and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity, other than the State or the Local Agency receiving services or
benefits under this contract shall be deemed an incidental beneficiary only.
Page 5 of 10
Section 12. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of
this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act, § 24 -10 -101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree
that liability for claims for injuries to persons or property arising out of negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of § 24 -10 -101, et seq., C.R.S., as now or hereafter amended and the risk
management statutes, §§ 24 -30 -1501, et seq., C.R.S., as now or hereafter amended.
Section 13. Severability
To the extent that this contract may be executed and performance of the obligations of the
parties maybe accomplished within the intent of the contract, the terms of this contract are severable,
and should any term or provision hereof be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other term or provision hereof.
Section 14. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement,
or of any other term, provision or requirement.
Section 15. Entire Understanding
This contract is intended as the complete integration of all understandings between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
writing executed and approved pursuant to the State Fiscal Rules.
Section 16. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may require
continued performance, compliance or effect beyond the termination date of the contract shall
survive such termination date and shall be enforceable by the State as provided herein in the event of
such failure to perform or comply by the Local Agency.
Section 17. Modification and Amendment
A. 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
Page 6 of 10
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.
B. Either party may suggest renegotiation of the terms of this Contract, provided that the Contract
shall not be subject to renegotiation more often than annually, and that neither party shall be required
to renegotiate. If the parties agree to change the provisions of this Contract, the renegotiated terms
shall not be effective until this Contract is amended/modified accordingly in writing. Provided,
however, that the rates will be modified only if the party requesting the rate change documents, in
accord with then applicable cost accounting principles and standards (including sections 24- 107 -101,
et seq. C.R.S. and implementing regulations), that the requested increase /decrease is based on and
results from (and is proportionate to) an increase/decrease in the "allowable costs" of performing the
Work.
Section 18. Change Orders and Option Letters
A. Bilateral changes within the general scope of the Contract, as defined in Section 1 above, may
be executed using the change order letter process described in this paragraph and a form
substantially equivalent to the sample change order letter attached as Exhibit D, for any of the
following reasons.
1. Where the agreed changes to the specifications result in an adjustment to the
price, delivery schedule, or time of performance.
2. Where the agreed changes result in no adjustment to the price, delivery schedule,
or time of performance. The change order shall contain a mutual release of claims
for adjustment of price, schedules, or time of performance.
3. Where the changes to the contract are priced based on the unit prices to be paid
for the goods and/or services established in the contract.
4. Where the changes to the contract are priced based on established catalog
generally extended to the public.
Other bilateral modifications not within the terms of this paragraph must be executed by formal
amendment to the contract, approved in accordance with state law.
B. The State may increase the quantity of goods /services described in Exhibit A at the unit
prices established in the contract. The State may exercise the option by written notice to the
contractor within 30 days before the option begins in a form substantially equivalent to Exhibit E.
Delivery /performance of the goods /service shall continue at the same rate and under the same terms
as established in the contract, providing the Contractor agrees in writing to the addition of any traffic
control device.
C. The State may also unilaterally increase /decrease the maximum amount payable under this
contract based upon the unit prices established in the contract and the schedule of services required,
as set by the state. The State may exercise the option by providing a fully executed option to the
contractor, in a form substantially equivalent to Exhibit E, immediately upon signature of the State
Controller or his delegate. Performance of the service shall continue at the same rate and under the
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same terms as established in the contract, providing the Contractor agrees in writing to the addition
of any traffic control device.
Section 19. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement will be decided by the Chief
Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and
conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision,
the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the
Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer
evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency
shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's
decision. The decision of the Executive Director or his duly authorized representative for the
determination of such appeals will be final and conclusive and serve as final agency action. This
dispute clause does not preclude consideration of questions of law in connection with decisions
provided for herein. Nothing in this contract, however, shall be construed as making final the
decision of any administrative official, representative, or board on a question of law.
Section 20. Does not supersede other agreements
This Contract is not intended to supercede or affect in any way any other agreement (if any)
that is currently in effect between the State and the Contractor for other "maintenance services" on
State Highway rights -of -way within the jurisdiction of the Contractor. Also, the Contractor shall
also continue to perform, at its own expense, all such activities /duties (if any) on such State Highway
rights -of -ways that the Contractor is required by applicable law to perform.
Section 21. Subcontractors
The Contractor may subcontract for any part of the performance required under this Contract,
subject to the Contractor first obtaining approval from the State for any particular subcontractor.
The State understands that the Contractor may intend to perform some or all of the services
required under this Contract through a subcontractor. The Contractor agrees not to assign rights
or delegate duties under this contract [or subcontract any part of the performance required under
the contract] without the express, written consent of the State [which shall not be unreasonably
withheld]. Except as herein otherwise provided, this agreement shall inure to the benefit of and
be binding only upon the parties hereto and their respective successors and assigns.
Page 8 of 10
. Section 22. SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1). This contract shall not be deemed valid until it has been approved by the
Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS 24- 30- 202(5.5). Financial obligations of the State payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and
all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of
any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
[Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental
Immunity Act, CRS 24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter
amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2. Contractor shall perform its duties hereunder as an independent contractor and
not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or
employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any
monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to
unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or
otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement,
liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and
provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by
law and shall be solely responsible for its acts and those of its employees and agents.
5. NON - DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws
respecting discrimination and unfair employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this 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 this contract is capable of execution. At all times during the performance of this
contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may
hereafter be established.
7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24 -30 -202 (1) and 24- 30- 202.4. The State
Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid
child support debt or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in Article 21,
Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be
paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a result of final
agency determination or reduced to judgment, as certified by the State Controller.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under
this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in
place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in
violation of this paragraph, the State may exercise any remedy available at law or equity or under this contract, including, without
limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24 -18 -201 and 24 -50 -507. The signatories aver that to their knowledge, no
employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.
10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS — PUBLIC CONTRACTS FOR SERVICES AND
RESTRICTIONS ON PUBLIC BENEFITS. CRS 8- 17.5 -101 and 24- 76.5 -101. Contractor certifies that it shall comply with the
provisions of CRS 8- 17.5 -101 et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract Contractor represents, warrants, and agrees that it (i) has verified that it
does not employ any Illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social
Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8-17.5 -
102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8- 17.5 -102 by the
Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8- 17.5 -101 et seq., shall
be cause for termination for breach and Contractor shall be liable for actual and consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or
she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of
CRS 24- 76.5 -101 at seq., and (iii) shall produce one form of identification required by CRS 24- 76.5 -103 prior to the effective date
of this contract.
Revised October 25, 2006 Effective Date of Special Provisions: August 7, 2006
Page 9 of 10
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
City of Pueblo
Legal Name of Contracting Entity
2000036
CDOT Vendor Number
Signature of Authorized Officer
S AR %A RA V='t)M h'►Z
President of City Council
Print Name & Title of Authorized Officer
STATE OF COLORADO:
BILL RITTER, JR., GOVERNOR
—
By 6RWt- 1 0-41 —
_r� Executive Director
`7 Department of Transportation
LEGAL REVIEW:
JOHN W. SLITHERS
ATTORNEY GENERAL
By
CORPORATIONS:
(A corporate attestation is required.)
Attest(Seal)By
(Corporate cretary or Equivalent, or Town/City /County Clerk) (Place corporate seal here, if available)
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.
Page 10 of 10
Scope of Work
State Highway Traffic Signals
• The City shall maintain the traffic signals.
• Any reconstruction, modification, or improvement initiated by the City or performed as a result of
a City project shall be included in the maintenance provided by the City.
• Any reconstruction, modification, or improvement initiated by the State or performed as a result
of a State project shall be paid for separately by the State.
• The City shall perform semi annual inspections of all approaches at each location and
submit documentation to CDOT December and June for each year of this contract.
Inspection shall include, but not be limited to:
• Each signal lens is operating and visible
• Signal Timing is operating as programmed
• Controller and Cabinet are clean and in good repair
• Communication to signal is connected and operating
• Back up power is tested for proper operation
• Vehicle detection is operating properly
• All luminaries attached to the signal are operating
• Conflict monitor test
Any defects found at these intersections shall be remedied immediately. Defects and
remediation shall be documented and kept on file at the City and copied to CDOT. Any defects
not remedied within one month of discovery shall incur a price reduction to the monthly
compensation of $250.00 per defective signal until all defects of the signal are remedied.
• Yearly signal inspections shall include: the cursory visual inspection of signal caissons, bolts,
bolt tightening, steel, welds, and attachment hardware. The City shall submit documentation of
yearly inspection to CDOT in June. Any deficiencies found in bolt tightening and attachment
hardware shall be corrected immediately. Any deficiencies in the structure shall be documented
and brought to the attention of the project manager.
CDOT will reimburse the City for equipment at CDOT -owned intersections. Reimbursement
shall be in the form of equipment. Equipment eligible for reimbursement shall include cameras,
camera processors, controllers, cabinets, conflict monitors, LED signal heads and pedestrian
heads (standard and countdown), battery back -up systems, radios, pedestal poles, pull boxes,
traffic signal poles including the base and mast arms. The replaced equipment shall be returned
to CDOT. The City shall document the equipment reimbursed by CDOT in the signal call report
or the traffic signal preventive maintenance report whichever applicable. In the event that the
City contract out work in excess of $500 such as conduit installation for rewiring, the City shall
submit an invoice to CDOT for payment. The City shall get an approval prior to this work from
CDOT for reimbursement.
The monthly compensation provided to the City of Pueblo for services described above shall be $250.00
per signal per month.
Exhibit A, Page 1 of 2
CDOT owned traffic signals maintained by City
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42
Abriendo Ave. & Lincoln Ave.- 4th,St. (Co. #96)
Acero/Belmont Ave. & Thatcher Ave. (Co. #96)
Bonforte Blvd & Colo 47
Bonforte Blvd:- Hudson Ave. & U:S. Hwy 50 -B
Bradford Ave. and 4th St. (CO. #96)
Chester Ave. & 4th St. (CO: #96)
Court St. & 4th St. (CO. #96)
Delpinium SLlLancaster Dr. & Pueblo Blvd. (CO #45)
Elizabeth St. & 4th St. (CO. # 96)
Evans Ave. &. Lincoln St. (CO #96)
Fountain Ave. & 4th St (CO #96)
Goodnight Ave. & Pueblo Blvd. (CO #96)
Grand Ave. & 4th St. (CO # 96)
Greenwood St. &.4th St. (CO #96)
Hollywood Drive& Pueblo Blvd. (CO #45)
Hudson Ave. & 4th St. (CO #96)
1 -25 (East Ramp) & 1 st St:
Ivywood & Pueblo Blvd (CO #45)
Jerry. Murphy Rd. &CO #47EB off ramp
Jerry Murphy Rd. &.GO #47 WB off ramp
Joplin Ave. (CO #227)' &'15URiver St.
Joplin Ave. (CO #227) & 4th St. (CO #96)
LaCrosse Ave. & 4th St. (CO #96)
Lake Ave. & Pueblo Blvd. (CO #45)
Lehigh Ave. & Pueblo Blvd. (CO #45)
Lincoln Ave. (CO #96) &Orman Ave.
Main St. & 4th St. (CO #96)
Northern Ave. & Pueblo Blvd. (CO #45)
Norwood Ave. & US Hwy. #50 -B
Portland Ave. &.4th St. (CO #98)
Prairie Ave. & Thatcher Ave. (CO #96)
Prairie Ave. & Pueblo Blvd. (CO #45)
Pueblo BNd. (CO #45) & Rutgers/Red Creek Spgs. Rd.
Pueblo Blvd. (CO #45) & St. Clair Ave
Pueblo Blvd. (CO #45) & Surfwood Lane
Pueblo Blvd. (CO #45) &Thatcher Ave. (CO #96)
Pueblo Blvd. (CO #45) & Vinewood Lane
Santa Fe Ave. (CO #50 -C) & 1 st St.
Santa Fe Ave. (CO #50 -C)i& 2nd St.
Santa Fe Ave.: (CO #50- C) &.. 4th .St. . (CO #96)
Thatcher Ave (CO #96) @ ElmwoodGolfdourse
Troy Ave. & U.S. Hwy. #50 -B
Exhibit A, Page 2 of 2
Exhibit B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
ORDINANCE NO. 7728
AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT
OF TRANSPORTATION FOR TRAFFIC SIGNAL MAINTENANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:o654w32
SECTION 1.
The Contract, a copy of which is attached hereto, having been approved as to form by the
City Attorney, between the City of Pueblo, a Municipal Corporation, and the Colorado
Department of Transportation, relating to the maintenance of traffic signals on State Highways
within the City limits is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute and deliver the
Contract in the name of the City, and the City Clerk is directed to attest same and affix the Seal
of the City thereto.
INTRODUCED:
.January 14, 2008
BY Judy Weaver
COUNCILP N
APPROV
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
Y CLERK
Exhibit C
Payment Schedule
Monthly Rate
42 signals x $250.00 per signal = $10,500.00 per month
* This is the maximum amount to be paid in any one month
Annual Rate
$10,500.00 per month x 12 months = $126,000.00
* This is the maximum amount to be paid in any one year
Exhibit D
SAMPLE BILATERAL CHANGE ORDER LETTER
Date:
State Fiscal Year:
Bilateral Change Order Letter No.
In accordance with Paragraph of contract routing number , [ your agency code here ]
between the State of Colorado Department of Transportation and
[ Contractor's Name Here ]
covering the period of [ July 1, 20 through June 30, 20 ] the undersigned agree that the
supplies /services affected by this change letter are modified as follows:
Services /Supplies
Exhibit , Schedule of Equipment for Maintenance or Schedule of Delivery, is amended by
adding serial numbers and
Price /Cost
The maximum amount payable by the State for [service] [supply in
Paragraph is (increased /decreased) by ($ amount of change to a new total of ($ ) based on the
unit pricing schedule in Exhibit . The first sentence in Paragraph_ is hereby modified accordingly;
The total contract value to include all previous amendments, change orders, etc. is
OR
The parties agree that the changes made herein are "no cost" changes and shall not be the basis for claims for
adjustment to [price] [cost ceiling], delivery schedule, or other terms or conditions of the contract. The parties
waive and release each other from any claims or demands for adjustment to the contract, including but not
limited to price, cost, and schedule, whether based on costs of changed work or direct or indirect impacts on
unchanged work. Controller approval of this "no cost' change is not required. contractor initials.
_ Agency initials.
[ Include this sentence: This change to the contract is intended to be effective as of or on
approval by the State Controller, whichever is later. ]
Please sign, date, and return all copies of this letter on or before 20_
APPROVALS:
Contractor Name: State of Colorado:
Bill Ritter, Jr., Governor
By:
Date: By:
Name Executive Director
Title Colorado Department of Transportation
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 goods and/or services provided.
State Controller, Leslie M. Shenefelt
I�
Date:
Exhibit D — Page I of 1
. ,
Exhibit E
SAMPLE OPTION LETTER
State Fiscal Year: Option Letter No.
SUBJECT: [Amount of goods /Level of service change]
In accordance withParagraph(s) of contract routing number [your Agency code
here ], between the State of Colorado Department of Transportation, and
[Add Contractor's name here]
covering the period of [ July 1, 20_ through June 30, 20_, ] the state herby exercises the option for [an
additional one year's performance period at the (cost ) (price) specified in Paragraph ]
and/or [increase /decrease the amount of goods /services at the same rate(s) as specified in
Paragraph/Schedule /Exhibit .]
The amount of funds available and encumbered in this contract is [ increased/decreased ] by
[ $ amount of change] to a new total funds available of [ $ ] to satisfy services /goods
ordered under the contract for the current fiscal year [ FY 0_ ]. The first sentence in Paragraph is
hereby modified accordingly. The total contract value to include all previous amendments, option letters, etc.
is [ $ I
APPROVALS:
State of Colorado:
Bill Ritter, Jr., Governor
Bv:
Executive Director
Colorado Department Transporation
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 goods and /or services provided.
State Controller
Leslie M. Shenefelt
0
Exhibit E Page 1 of 1