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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 O ■ 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 Page 2 of 10 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 Page 7 of 10 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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