Loading...
HomeMy WebLinkAbout6392RESOLUTION NO. 6392 A RESOLUTION APPROVING AN AGREEMENT BE- TWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, FOR THE PURCHASE OF SIGNAL CONTROLLERS FOR VARIOUS INTERSECTIONS IN THE CITY OF PUEBLO (PROJECT CXFR 99- 2000 -30) 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 the purchase of signal controllers for various intersections in the City of Pueblo (Project CXFR 99- 9 -000 -30.) is hereby approved. SECTION 2, The President of the City Council is hereby authorized to execute this Agreement 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 June 12 1989 B DOUGLAS L. RING Councilman APPROVED: President of the City Council ATTEST: C y Clerk -DO He? 9- Zf69 1389V CXFR 99- 2000 -30 Signals- Pueblo, Various Locations CONTRACT THIS CONTRACT, made this .36 A day of 19 by and between the State of Colorado for the use and benefit of THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, hereinafter referred to as the State, and CITY OF PUEBLO, STATE OF COLORADO, hereinafter referred to as the Local Agency or as the Contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 2001, G/L Account Number 52046, Contract Encumbrance Number 89493; and WHEREAS, the State and the Local Agency desire to cooperate in a project for the purchase of signal materials for various intersections in the city of Pueblo, Colorado; and WHEREAS, the State Highway Commission gave approval for the State to enter into a contract with the Local Agency for project CXFR 99- 2000 -30 to accomplish the said purchase; and WHEREAS, the State and the Local Agency desire to agree upon certain responsibilities with regard to the project; and WHEREAS, the Local Agency has submitted initial design data (D.O.H. Form 463), dated April 18, 1989, to the State setting forth therin preliminary details, information and estimates of cost of this work, which data has been approved by the State; and WHEREAS, this contract is executed by the State pursuant to the provisions of Sections 43 -2-103 and 43 -2 -144, C.K.S., as amended; 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 advantageously performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: PROJECT PROVISIONS 1. The work under this contract shall be the pur -chase of materials for various intersections, in the city of Pueblo, Colorado as provided herein. 2. The Local Agency shall be responsible for completion of the work. All costs incurred by Local Agency to complete the work shall be borne by the State as provided for in this contract. The estimated cost of the work is $22,677.00. 3. The State shall reimburse the Local Agency in an amount not to exceed $22,677.00 for direct and indirect costs incurred by the Local Agency in the performance and completion of the work. This shall be the maximum amount of State's obligation unless such amount is increased by a written supplement to the contract. The amount of actual compensation shall be subject to review and approval as provided herein. 4. The State shall be responsible for 100% of the tota.1 cost of the work. 2 5. The Local Agency shall provide the preliminary engineering, installation of signal materials and construction engineering services relative to the work at no expense to the State. The costs of such preliminary engineering, installation, and construction engineering shall not be included in the costs of the work to be reimbursed by the State. GENERAL PROVISIONS A. The Local Agency will comply with the applicable p ov of the State's approved Action Plan. B. The Local Agency will be responsible for acquiring any additional rights of way required for the completion of the project, including any necessary construction easements. C. The Local Agency will be responsible for obtaining proper clearance or approval from any utility company which may become involved in this project, by separate agreement between the Local Agency and the utility, if necessary. D. The Local Agency shall provide and mark detours around the construction area to prevent any interference of the construction work and to protect the traveling public. E. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and 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. 3 F. The Local Agency will prepare and submit monthly charges for costs incurred relative to the work. The Local Agency will prepare charges in accordance with the State's standard policies and procedures. The State will reimburse the Local Agency for the charges following the State's review and approval of such charges. G. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions agreeable to the parties. H. The parties hereto agree that this contract is contingent upon all funds designated for the work herein being made available from State sources. Should the State fail to provide necessary funds as agreed upon herein, the 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. I. The term of this contract, shall continue through the completion of the work by the Local Agency and receipt by the Local Agency of final payment from the State. J. The Special Provisions attached hereto are hereby made a part of this contract. K. This contract shall inure to the benefit of and be binding upon the parties, their successors, and assigns. 4 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. STATE OF COLORADO ATTEST: ROY ROMER, GOVERNOR Chi ef C.YeA CLIFFORD W. HALL Acting State Controller By ATTEST: By 4 11 1 P�---J Title RK B4 ply xecutive Director DEPARTMENT OF HIGHWAYS APPROVED: DUANE WOODARD Attorney General By ��— BARRY B. YA Assistan Attorney General Natural Resources Section CITY OF PUEBLO, COLORADO B �. T e 5 Rev. 5/86 DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS STATE OF COLORADO ENGINEERING SERVICES SECTION 107 PREPARATION OF CONSTRUCTION PLANS BY LOCAL AGENCY 107.1 All plans shall be in accordance with the Department of Highways Drafting Manual. (Copies available through Department of Highways, Staff Design Branch). 107.2 The State will prepare permanent type polyester reproductions of original drawings at a nominal charge when requested by the-Local— Agency. 107.3 The Local Agency may, at its option, purchase approved standard size sheets from the State. The purchase price of such materials shall be the actual cost as incurred by the State. The following approved standard size sheets measuring 22 inches by 34 inches with a rectangular border of 20 inches by 31 -1/2 inches for the working drawing /s, are normally available from current State inventories. DOH FORM NO. TITLE COMPOSITION 113 Summary of Approximate Quantities * Mylar 125 Structure Quantities Mylar 126 Blank Sheet Mylar 134 Plan and Profile Mylar 146 Cross Section Vellum * Accepted trade name for polyester film 107.4 The State will prepare the title sheet for the final construction plans. The title sheet will be made available for Local Agency use upon request of the Local Agency. The cost incurred by the State for preparation of the title sheet will be charged to the project. 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 Obligation The recipient or its tractor 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. April, 1980 Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: A. Compliance with Regulati The Contractor will comply with the Regu Yt ns of the Department of Transportation relative to nondiscrimination in Federally- assisted programs of the Department of Transportation (Title 49, Code of Federal Regula- tions, Part 21, hereinafter referred to as the "Regulations "), which are herein incorporated by reference and made a pa -.t of this contract. B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of*the contract work, will not dis- criminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employ= ment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts, Includin Procure- ments of Materials an quipment In all solicita- tions either by competitive badding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractors' obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. D. Information and Re ports . The Contractor will pro- vide all in ormation and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of informa- tion, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and in- structions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may deter- mine to be appropriate, including, but not limited to: (1) Withholding of payments to the Con - t.t:ncl.��t' uiidet' Clte vv,tL unL.i.l thn Contractor complIcs, and /orl (1) CnnoalIntion, tarminat•lOn oe uuu- pension of the contract, in whop or in part. F. Incorporation of Pr ovisions. The Contractor will include the provisions Of Paragraphs A through F in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procure- ment as the State or the FIIWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however,. that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State and, in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. -2-