HomeMy WebLinkAbout6398RESOLUTION NO. 6398
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
MATERIALS FOR THE INTERSECTION OF PUEBLO
BOULEVARD AND VINEWOOD LANE (PROJECT
CXFR 02- 0045 -15)
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 materials for the intersection of Pueblo Boulevard and
Vinewood Lane (Project CXFR 02- 0045 -15) is hereby approved.
SECTION ,
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 MIKE OCCHIA
Councilman
APPROVED:
� `
Pr sident of the City Council
ATTEST:
J i1y'C le rk
1390V
CXFR 99- 0045 -15
S. H. 45 (Pueblo Boulevard) /Vinewood Lane
in Pueblo
CONTRACT vp
THIS CONTRACT, made this 36 day of 19 0 ( 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
89494; and
WHEREAS, the State and the Local Agency desire to cooperate in a
project for the purchase of signal materials for the intersection of
S. H. 45 (Pueblo Boulevard) and Vinewood Lane 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
02- 0045 -15 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.R.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 df
materials for the intersection, of S. H. 45 (Pueblo
Boulevard) and Vinewood Lane, 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 the 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 $28,215.00.
3. The State shall reimburse the Local Agency in an amount not
to exceed $28,215.00 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 1000 of the total cost of
the work.
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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 provisions 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.
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this contract
the day and year first above written.
ATTEST:
Chief Ck
CLIFFORD W. HALL.
Acting State Controller
By
ATTEST:
DUANE WOODARD
Attorney'
BARRY B. RkAN
Assistant Attorney General
Natural Resources Section
CITY OF PUEBLO, COLORADO
By A. i' i
Title Ti e Elipr • .. .
STATE OF COLORADO
ROY ROMER, GOVERNOR
4EPAR TMENT z.,Z-4 C --ry gy
cutive Director
OF HIGHWAYS
APPROVED:
L0
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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
MINORIT 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 - - 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 f 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:
Compliance with Regulati The Contractor will
comply with the Regulations 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 part'of this contract.
Nondiscrimination. The Contractor, with regard
to the.work per ormed by it after award and prior
to completion of'the 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.
Solicitations for Subcontracts, Includin Procure-
ments of Materials and Equipment In all so icita-
tions either by competitive bidding 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.
Information and Reports. The Contractor will pro-
vide all information 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.
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 -
LVa9t l-f uut7es` Wig abnla=aat until
L11a Contractor aompli ®p, and /orl
(2) Canoall.ntion, tarminrat•ion or auta-
pension of the contract, in whole
or in pert.
F. Incorporation of Provisions 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 FHWA 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.
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