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HomeMy WebLinkAbout08140ORDINANCE NO. 8140 AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR 4 STREET BRIDGE 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 the 4 Street (SH96) Bridge over the Arkansas River within the City limits is hereby approved. SECTION 2. Ordinance No. 8072 approving a contract with the Colorado Department of Transportation concerning the same subject matter as the Contract is hereby rescinded and repealed effective on the date of final passage and approval of this Ordinance. SFOTin i 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 25, 2010 BY: Vera Ortegon COUNCILPERSON APPROVED: FtE510ENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK PASSED AND APPROVED: February 8, 2010 L) 4 Background Paper for Proposed ORDINANCE AGENDA ITEM # R -4 DATE: January 25, 2010 DEPARTMENT: PUBLIC WORKS EARL WILKINSON P.E., DIRECTOR TITLE AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR 4 STREET BRIDGE MAINTENANCE ISSUE Should the City enter into a contract with the Colorado Department of Transportation to provide maintenance for limited items on the new 4 Street bridge currently under construction. RECOMMENDATION Approval of Ordinance BACKGROUND Section §43 -2 -135 of the Colorado Revised Statutes (C.R.S) establishes jurisdiction, control and the duty of both the City and State with respect to state highway traversing through a City. The attached agreement establishes maintenance responsibilities for items associated with the reconstruction of the 4 Street bridge that are not specifically addressed in this section of the C.R.S. such as trash removal, snow removal, landscaping. A similar contract was approved by Ordinance No. 8072, which will be rescinded by this action. The revised contract added a Section K to the contract, which has been approved by the City Attorney's office. FINANCIAL IMPACT All maintenance activities, with the exception of the landscape maintenance, are existing responsibilities of the City of Pueblo. 4" Street Bridges Maintenance 10 HA2 04352 City of Pueblo /Region 2 (BH) SAPID331000124 MAINTENANCE CONTRACT rd THIS CONTRACT, made this Z 3 day of Mc F L1 2010, by and between the State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State or CDOT, and THE CITY OF PUEBLO, a Municipal Corporation, P.O. Box 1427, Pueblo, Colorado, 81003, CDOT Vendor Number 2000036, hereinafter referred to as "the Local Agency" or "the City ". RECITALS CDOT anticipates a Project involving the replacement and construction of the 4th street bridges in Pueblo, Colorado, hereinafter referred to as the "Project; and CDOT anticipates maintenance after construction of the 4` street bridges in, Pueblo Colorado, hereinafter referred to as the "Work "; and Upon completion of the construction of the "Project', CDOT and the City desire to agree upon the division of responsibility for such maintenance, as shown in Exhibit A; and The City is adequately staffed and suitably equipped to undertake and satisfactorily carry out the maintenance responsibilities under this contract; and Required approval, clearance and coordination has been accomplished from and with appropriate agencies; and This contract is executed by the State under authority of Sections § §43 -1 -106, 43 -1 -110, 43 -1 -201 et seq., 43 -2 -102 and 43 -2 -144 C.R.S., as amended; and This contract is executed by the City under the authority of an appropriate Ordinance duly passed and adopted by the authorized representatives of the City, which also establishes the authority under which the City enters into this contract and is attached hereto and made a part hereof, and NOW, THEREFORE, it is hereby agreed that: I. PROJECT DESCRIPTION Page I of 7 "The Work" under this contract shall consist of the maintenance responsibility /activities for the 4" Street bridge over the Arkansas River in the City of Pueblo that lies within CDOT ROW above what is required by §43 -2 -135 C.R.S. as shown in Exhibit A. II. CDOT COMMITMENTS A. The State will provide liaison with the City through the State's Region Transportation Director, CDOT Region 2,905 Erie Avenue, Pueblo, Colorado 81001, (719)546 -5400. Said Director will also be responsible for coordinating the State's activities under this contract. B. Upon the City's accepting maintenance responsibility for the maintenance portions of the bridge and other related facilities shown in Exhibit A, the execution of this contract and the completion and acceptance of the construction by the State, as evidenced by an acceptance letter from the CDOT Region 2 Transportation Director, the State shall transfer the maintenance responsibility for the Project within CDOT ROW identified as the City's area of responsibility for the Work as shown in Exhibit A. C. The State shall provide to the City the opportunity to provide a "punch list" for improvements the City is to be responsible for. III. CITY COMMITMENTS A. The City will provide liaison with the State through the Bureau of Public Works for the City of Pueblo, 211 E. "D" St., Pueblo, Colorado 81003, (719)553 -2295. B. Upon the execution of this contract, completion and City acceptance of construction, the City shall accept maintenance responsibility for the portions of the Work identified as the City's area of responsibility for the Work shown in Exhibit A. and according what is required by §43 -2 -135 C.R.S. Division of authority over street. C. The Local Agency shall, at its own cost and expense maintain, operate, and make ample provision each year for the maintenance of those portions of the Work identified as the City's area of responsibility, for the Work as shown in Exhibit A. Page 2 of 7 D. Maintenance services to be performed by the City, at its sole expense, under this contract shall include the services shown in Exhibit A. The City agrees to apply for an automatically renewable Special Use permit through CDOT to perform agreed upon work associated with this contract. E. The City shall perform the maintenance services in a satisfactory manner, and in accordance with the terms of this Contract, and in accord with the State Highway ROW Manual, Section 8, subsection 7, hereby incorporated by reference, and pursuant to §43 -2 -135 C.R.S, as amended. F. Financial obligations of the City under this contract are contingent upon funds for that purpose being appropriate, budgeted and other made available. IV. GENERAL PROVISIONS A. Upon the execution of this contract, the State will no longer be liable or responsible in any manner for the maintenance and repair of those portions of the Work identifies as City's area of responsibility as shown in Exhibit A. B. 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 and/or the City as provided herein in the event of such failure to perform or comply by the City and /or the State. C. 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 provided the State give notice to the City. 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. D. 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 Page 3 of 7 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. E. 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 affect 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. F. 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. G. The term of this contract shall begin the date first above written and shall extend for the useful life of the Project, unless earlier modified or terminated by written agreement of the Parties hereto. H. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. It is the express intention of the parties that any person or entity other than the parties receiving services or benefits under this contract be deemed to be an incidental beneficiary only. The City assures that it possesses the legal authority to enter into this contract. The City warrants that it has taken all actions required by its procedures, by -laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the City to its terms. The person(s) executing this contract on behalf of the City warrants that they have full authorization to execute this contract. Nothing contained herein shall be or be construed to be a waiver by the City or State of any immunities, benefits or conditions of the Colorado Governmental Immunity Act, as amended. Page 4 of 7 K. Special Provisions These 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 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. GOVERNMENTAL IMMUNITY. 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, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 at seq., or the Federal Tort Claims Act, 26 U.S.C. § §1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 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 deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra - judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. B. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in Page 5 of 7 violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain 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 provision, the State may exercise any remedy available at law or in 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 INTERESTICONFLICT OF 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. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS § §24.30.202 (1) and 24.30. 202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, at seq.; (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 as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8- 17.5 -101. [Not Applicable to agreements relating to the offer, Issuance, or sale of securities, Investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract through participation in the E- Verify Program or the Department program established pursuant to CRS §8- 17.5- 102(5)(c), 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 eo rform work under this contract Contractor (a) shall not use E- Verify Program or Department program procedures to undertake pre - employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8 -17.5- 102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) Is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24. 76.5 -101 at seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this contract. Revised 1 -1 -09 Page 6 of 7 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: City of Pueblo Legal Name of Contracting Entity STATE OF COLORADO: R By oz� / Executive Director clf/Jr��' Department of Transportation CDOT Vendor Number 11.ers n..tr 1 rte/ t z 'Sig nature of Authorized Officer Lawrence W. Atencio P of City Council Print Name & Title of Authorized Officer CORPORATIONS: (A corporate attestation is required.) Attest (Seal) By \ (Corpor Secretary 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. STATE CONTROLLER: David J. McDermott, CPA By A Date �, —,, 3 — Z�3 I Page 7 of 7 Exhibit A Scope of Work This document is above what is required by §43 -2 -135 C.R.S. Division of authority over street. Maintenance after construction of STR. K -18 -GT and STR. K -18 -GS (4' street bridges over the Arkansas River) will be divided as follows: NEW HIGHWAY BRIDGES (WB STR. K- 18 -GT, EB STR. K- 18 -GS) CDOT • Roadway (includes removal of snow) • Expansion devices • Concrete slope and ditch paving • Bridge Rail Type 7 • Guardrail (Special), pedestrian rail and any other rail that may be installed on the bridge • Under bridge lighting (only if mounted to bridge) • Graffiti Removal for roadway portions and piers. Roadway portions shall include center barrier and the side of barrier alongside the travel lanes. City agrees to provide graffiti removal teams (if available) if state supplies the paint. PEDESTRIAN WALKWAY ON BRIDGE CDOT • Guardrail (Special), pedestrian rail and any other rail that may be installed on the bridge • Walkway surface City of Pueblo • Graffiti Removal along pedestrian walkways including barrier on pedestrian side. • Trash removal • Plaza and overlooks and any benches • Snow removal NEW ROADWAY CDOT • Median treatment (curb /gutter and areas not considered landscape such as concrete or asphalt). • Grates for Type 13 Inlets • Temporary BMP's (best management practices for water quality) remaining after contract complete (erosion control devices) City of Pueblo • Permanent BMP's Exhibit A — Page I of 2 PEDESTRIAN TRAIL BELOW BRIDGE City of Pueblo • Pedestrian trail • Pedestrian trail lighting (not mounted to bridge) LANDSCAPING City of Pueblo is responsible for all landscaping placed on the Project other than temporary erosion control measures (BMP's). Landscaping and irrigation — in median and outside curb and gutter and any below the bridge or on the loop ramp area, including weed control, rock replacement, tree trimming, and watering — cost of water source. BRIDGE MONUMENTS AND ASSOCIATED ARTWORK To be determined. Exhibit A - Page 2 of 2 DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch 4201 East Arkansas Avenue, 4" Floor Denver, Colorado 80222 Telephone: (303) 757 -9351 March 24, 2010 Dear Contractor, OT UdARTNEYI UFTRANSNMIiATIOV Enclosed please find your fully approved contractual document with the Colorado Department of Transportation. Please keep these original documents for your records. If you have any questions or require further information, please feel free to contact.me. Sincerely, Brian Hancock Fiscal Analyst Disease Control and Environmental Epidemiology Phone: (303) 692 -2682 Fax: (303) 782 -0904 E -mail : Brian.Hancockgstate.co.us state.co.us