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HomeMy WebLinkAbout5199RESOLUTION NO. 5199 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, CONCERNING NORTHERN AVE., PUEBLO BLVD. TO ORMAN AVE. (PROJECT MG 3063(1)) BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The agreement between the City of Pueblo, a Municipal Corporation and the State Highway Department concerning a project known as Northern Ave., Pueblo Blvd. to Orman Ave., (MG 3063(1)), is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute same for and on behalf of the City and the City Clerk is authorized and directed to attest same and affix the seal of the City thereto. Introduced July 25 , 1983 By REIMAR VON KALBEN Councilman APPROVED: PreErident of the Council ATTEST: City Clerk MG 3063(1) VARIOUS LOCATIONS IN PUEBLO CONTRACT DEPARTMENT OR AGf:N('Y NUMBER 28 00 00 CONTRACT ROUTING NUMBER yog //7 THIS CONTRACT, made this day of NO A h r 19,63 by and between the State of Colorado for the use and benefit of THE STATE DEPARTMENT OF HIGHWAYS , nTVT9TnN OF HIGHWAYS hereinafter referred to as the State, and ,.CITY OF PUEBLO_ STATE OF COT nR Ann hereinafter referred to as the Local Aaencv br as the Contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and othe 0 0 l ade available and a sufficient unencumbered balance thereof remains available for payment in Fund Number , G/L Account Number 5 2 0 4 6 Contract Encumbrance Number 8 315 0 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, pursuant to title 23, United States code and the regulations promulgated thereunder certain Federal funds have been and will in the future be, allocated for the improvement of certain routes on,the designated urban system and which are not on any other Federal -aid system, hereinafter referred to as the program; and WIf-EREAS, pursuant to the aforesaid laws and regulations, routes on the urban system are eligible to be improved under the program at no cost to the State; and WHEREAS, Federal -aid urban system funds limited to the amount of $58,013 have been made available for an urban system project, identified as MG 3063(1) for preliminary engineering and the furnishing of traffic signal equipment for various locations in Pueblo, hereinafter referred to as the work; and WHEREAS, the Local Agency has submitted initial design data (D.O.H. Form 463) dated March 24, 1983, to the State setting forth therein preliminary details, information and estimates of cost of this work, which data has been approved by the State; and WHEREAS, the funding for this Federal -aid urban system project is 100 % Federal -aid limited to $58,013, it being understood that such funds apply only to such costs as are eligible for Federal participation. It shall be further understood that all non- participating costs shall be borne by the Local Agency at 100% and WHEREAS, the Local Agency is prepared to proceed with the project with the understanding that all costs in excess of $58,013 shall be borne by the Local Agency; and WHEREAS, the Local Agency has estimated the total cost of the work to be $ 70,0DO and is prepared to provide $ //, 987 (inclusive of indirect costs) as its share as evidenced by an appro- priate ordinance or resolution duly passed and adopted by the authori; representatives of the Local Agency, a copy of which is attached hereto and made a part of this contract; and WHEREAS, said ordinance or resolution also establishes the auth- ority under which the Local Agency enters into this contract; and WHEREAS, this contract is executed by the State under authority o: Sections 24 -92 -101, et seq., 43 -1 -102, 43 -1 -106, 43- 2- 101(4)(c) and 43 -2 -144, C.R.S. 1973, as amended; and WHEREAS, the parties hereto desire to agree upon the division of responsibilities with regard to this urban system project; and WHEREAS, the Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete portions of the work; and WHEREAS, the State certifies that such work can be more ad- vantageously performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: PROJECT PROVISIONS 1. The State will provide liaison with the Local Agency through the State's District engineer, district 2, located at 905 Erie Avenue, Pueblo, CO 81002. Said District Engineer will also be responsible for coordinating the State's activities under this contract. 2. The Local Agency has estimated the total cost of said work to be $70,000 consisting of the following: a. Federal participation funds = $ 58,013 b. Local Agency non- participating funds = $ 10,749 C. Local Agency non - participating indirect costs (1.8% of $ 58,762) = $ 1,238 -2- GENERAL PROVISIONS A. The Local Agency will provide: 1. Preliminary engineering, design services, prepara- tion of construction plans, special provisions and estimates in accordance with the State's Roadway Design Manual and Standard Specifications. 2. Design work sheets used in designing of the project. B. The Local Agency will prepare construction plans in accordance with the requirements of Engineering Services Section 107 - Preparation of Construction Plans by Local Agency, attached hereto and made a part hereof. C. The Local Agency will comply with the applicable pro- visions of the State's approved Action Plan, including all Federal directives contained therein by reference, and will take appropriate actions relative to the following sections of the Federal -Aid Highway Program Manual: 1. FHPM, Volume 7, Chapter 7, Section 3, Procedures for Abatement of Highway Traffic Noise and Construction Noise. 2. FHPM, Volume 7, Chapter 7, Section 4, Archaeological and Paleontological — Salvage. vo 3. FHPM, Volume 7, Chapter 7, Section 9, Air Quality Guidelines. D. The Local Agency may enter into a contract with a con- sultant to do all or any portion of the proposed pre- liminary engineering and preparation of construction plans; provided, however, that when Federal -aid funds provided herein are to participate in the cost of work done by a consultant, the contract shall comply with the requirements of FHPM, Volume 1, Chapter 7, Section 2, Administration of Negotiated Contracts. The contract with the consultant shall be preceded by an acceptable proposal and may not be executed or awarded until the -3- selection of the consultant and the terms of the con- tract shall have been approved by the State and the Federal Highway Administration (FHWA). All changes in the contract shall be by supplemental agreement and must have prior approval of the State and FHWA. As soon as the contract with the consultant has been awarded, 3 copies of the executed contract shall be submitted to the State. Any supplemental agreements shall be similarly submitted. E. The State will review said plans, special provisions and estimates and make those changes necessary to assure compliance with State and FHWA requirements. The State will afford the Local Agency ample opportunity to review the plans, special provisions and estimates, as changed and said plans shall be considered final when approved . and accepted by the parties hereto. The State will provide final assembly provisions and contrac part of the work is to advertise the call for Local Agency award the lowest responsible and of construction plans, special documents. In the event all or be contracted, the State will bids, and upon concurrence by the construction contract(s) to the qualified bidderCs) . F. The State and Local Agency shall jointly determine which party shall acquire any additional right of way required for the completion of the project, including any necessary temporary construction easements and /or easements for detour during construction. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all right of way has been acquired in accordance with the applicable State and Federal regulations, or that no additional right of way is required_ G. The State will be responsible for assuring that the Local Agency has obtained proper clearance or approval from any utility company which may become -4- involved in this project, by separate agreement between the Local Agency and the utility, if nec- essary. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all such clearances have been obtained. H. In the event the project involves modification of a railroad company's facilities at a railroad grade crossing with the work being accomplished by rail- road company forces, the Local Agency shall make application to the Public Utilities Commission re- questing its order providing for the installation of the proposed improvements. The Local Agency shall also establish contact with the railroad company involved for the purpose of: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shaLL be eligible for Federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the work. 3. Establishing future maintenance res- ponsibilities for the proposed in- stallation. 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment of elimination of the grade crossing. 5. Establishing future repair and /or re- placement responsibilities in the event of accidental destruction or damage to the installation. I. The State, or the Local Agency with approval from the State, will be responsible for the supervision of the construction of the project, with periodic in- spections by the FHWA. Supervision shall include, -5- but not be limited to, field and office engineering, inspection and materials testing, and traffic control through the project area. J. The Local Agency will provide and mark appropriate de- tours around turbances of due to traff public. K. In the event accomplished the construction area to prevent any dis- the progress of the construction work Lc and also to protect the traveling that all or part of the work is to be by force account rather than contract as specified in paragraph E hereinabove, the Local Agency will insure that all word: is accomplished in accordance with the pertinent State specifications as well as FHPM, Volume 6, Chapter 4, Section 1, Subsection 14, Contract and Force Account. Work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and the FHWA in advance of the work, as provided for in FHPM, Volume 6, Chapter 4, Section 1, Subsection 6, paragraph 12b. Such agreed unit prices shall constitute a commitment as to the value of the work to be performed. It may be agreed to participate in the work based on actual costs of labor, equip- ment rental, materials.supplies and supervision nec- essary to complete the work. Where actual costs.are used, eligibility of cost items shall be evaluated for compliance with Federal Procurement Regulations Part 1 -15. Rental rates for publicly owned equip- ment will be the second shift rental rate per hour as established in the State's Construction Equipment Rental Rate Schedule dated May 1, 1983 or subsequent revisions thereof. All force account work shall have prior approval of the FHWA and shall not be initiated until the State has issued a written notice to proceed. The Local Agency shall, during all phases of the work, permit duly authorized M agents and employees of the State and the FHWA to inspect the project and to inspect, review and audit the project records. L. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence per- taining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payment to the Local Agency. Copies of such records shall be furnished by the Local Agency if requested. M. The Local Agency will maintain and operate the im- provements constructed under this contract, at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA, and will make ample provision for such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain streets and street fixtures. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. N. The State will administer the Local Agency and Federal -aid funds for this project in accordance with the following provisions: 1. Costs incurred by the Local Agency The Local Agency will prepare and submit monthly charges for costs incurred re- lative to the project. The Local Agency will prepare project charges in ac- cordance with the State's standard policies and procedures. The State will reimburse the Local Agency for the Federal -aid share of the project charges following the State's review and approval -7- of such charges. Charges incurred by the Local Agency prior to the date of FINA authorization for the project will not be charged to the project. 2. Costs incurred by the State The State will prepare monthly estimates of incurred costs for all construction engineering relative to the project. The State will prepare said estimates in accordance with the State's standard policies and procedures. The State's monthly billings for the Local Agency share will be based on actual construction engineering costs. Upon the financial closing of the project, the State will apply the approved FHWA construction engineering percentage, in effect at that time, against the total participating and non - participating costs, to determine the final construction engineer- ing charges against the project. This percentage f shall not exceed fifteen percent (15 %). The State will, at that time, furnish the Local Agency a final detailed billing of the project. Upon receipt of each bill from the State, the Local Agency will remit to the State that amount billed. Should the Local Agency fail to pay, monies due the State within 30 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that at the request of the State, the State Controller may withhold an equal amount from future apportion- ments due the Local Agency from the Highway Users Tax Fund. Interim funds, until the State is re- imbursed, shall be payable from State Highway Supplementary Fund (2001). All funds expended by the State for the performance of any work under this contract or relative to the administration of this contract shall be charged to this project. 0. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available based on the design data as ap- proved at the time of execution of this contract, and that such sum is subject to revisions agreeable to the parties prior to bid and award. The Local Agency has the option to accept or reject the proposal of the low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection at the award conference or within 3 working days after said bids are publicly opened, whichever occurs later. If the bid is rejected, costs incurred by the State in project development will not be eligible for participation by the FHWA and must be reimbursed to the State by the Local Agency. Following award of the construction contract(s) under paragraph E. above, no further revisions in design data or cost estimate shall be made except by agree— ment in writing between the parties. By indicating its concurrence in such award at the award conference, - the Local Agency acting by or through its duly authorized representatives, agrees to provide addi- tional funds if required to complete the work under this project if no additional Federal -aid funds will be made available for the project. The total amount of such additional required funds will be determined at the time of final billing as provided in para- graph N. above. P. The parties hereto agree that this contract is con- tingent upon all funds designated for the project herein being made available from Federal and Local SZ Agency sources. Should these sources, either Federal or Local Agency, fail to provide necessary funds as agreed upon herein, this contract may be terminated by either party. Any party terminating its interest and obligations herein shall not be relieved of any financial obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Q. The term of this contract, except for the provisions regarding maintenance, shall continue through the completion and final acceptance of this project by the State, FHWA, as necessary, and Local Agency. The covenants with regard to maintenance of the improve- ments constructed under this contract shall remain in effect in perpetuity or until such time as the Local Agency is, by law or otherwise, relieved of such responsibility. R. During the performance of all work under this con- tract, the parties hereto agree to comply with Title VI, of the Civil Rights Act of 1964, the salient points of which are shown in the Non- discrimination Provisions attached hereto and made a part hereof. S. The Special Provisions and Appendix B attached hereto are hereby made a part of this contract. T. This contract shall inure to the benefit of and be binding upon the parties, their successors, and assigns. -10- IN WITNESS WHEREOF, the parties hereto have caused the fore- going Contract to be executed the day and year first above written. ATTEST" Chief Clerk APPROVED: State Controller JAMES A. 5TROUP ATTEST: STATE OF COLORADO RICHARD D. LAMM, GOVERNOR By 1 0 c i ecto DEPARTMENT OF HIG AYS DUANE WOODARD Attorney General By OBERNYE Fk #s+ sistant Attorney General Natural Resources Section CITY OF PUEBLO, COLORADO By ^ resident of the Council APPROVED AS TO FORM: 77� ---- Thomas E. g r, City Attorney APPENDIX B MINORITY BUSINESS ENTERPRISE (MBE) SECTION 1. Policy It is the policy of the Department of Trans- portation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. SECTION 2. MBE Obligat The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT- assisted contracts. SECTION 3. MBE Program. The contractor (subrecipient) shall be responsible or obtaining the Minority Business Enterprise Program of the Colorado Department of Highways dated January 29, 1982, as amended, and shall comply with the applicable provisions of this program. A copy of the MBE program will be available from: Staff Construction Engineer 4201 E. Arkansas Denver, CO 80222 Phone: (303) 757 -9231 and will by request be mailed to said contractor. Form 6- AC -02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. 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. BOND REQUIREMENT 3. If this contract involves the payment of more than ten thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in 8 -16 -101, CRS 1973, as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34 -301, CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub - contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. page I of 2 pages Form 6- AC -02C (7) In the event of the contractor's non - compliance with the non- discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs (1) through (8) in every sub - contract and sub - contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each sub - contractor or vendor. The contractor will take such action with respect to any sub - contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8 -17 -101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. 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 the contract is capable of execution. 8. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provisions is present. 9. The signatories zver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day firsZabovewritte STATE OF COLORADO RICHARD D. LAMM, GOVERN Contractor By .5 EXECUTIVE: DIRECTOR. DEPARTMENT Position _ OF _— Social Security Number or Employer 1 APPROVALS ATTORNEY GENERAL CONTR LER By Page 2 which is the last of Z pages