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HomeMy WebLinkAbout6713RESOLUTION NO. 671 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO, DIVISION OF HIGHWAYS, RELATING TO IMPROVEMENTS TO NORTHERN AVENUE AT BEULAH AVENUE, AND AP- PROPRIATING FUNDS THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: CFr TTnN 1 An Agreement between the City of Pueblo and State of Colo- rado, Division of Highways, identified as M3063(3), Northern Avenue at Beulah Avenue in Pueblo, a copy of which is on file in the office of the City Clerk and made a part hereof by reference, after having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The total cost of the work to be performed under the Agree- ment is estimated to be $112,000 and the City does hereby appropriate as its match and share of such costs the amount of $26,352, to be taken from Account Numbers 002 -1988- 307 - 000 - 040 -8810 and 040- 1988 -446- 000- 040 -2000. CFr'TTnN i The President of City Council is hereby authorized to exe- .) cute the said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED April 22 , 1991 By SAMUEL CORSENTINO Councilman APPROVED: President of the Coun it ATTEST: 2 Rt_ poi. q _ X33 M .3063 (3) Northern Avenue at Beulah Avenue in Pueblo CONTRACT THIS CONTRACT, made this 51 / J day of ohn , 19 W , 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 the CITY OF PUEBLO, hereinafter referred to as Local Agency or 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 90177; 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 WHEREAS, 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 1 WHEREAS, Federal -aid urban system funds have been made available for an urban system project, identified as M 3063(1) for preliminary engineering and construction to' upgrade the intersection of Northern Avenue and Buelah Avenue in the City of Pueblo, Colorado, hereinafter referred to as the work; and WHEREAS, the Local Agency has submitted initial design data (D.O.H. Form 463), dated August 2, 1990, 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 matching ratio for this Federal -aid urban system project is 78.00% Federal -aid funds to 22.00% Local Agency funds, it being understood that such.ratio applies only to such costs as are eligible for Federal participation, it being further understood that all non - participating costs are borne by the Local Agency at 100 %; and WHEREAS, the Local Agency has estimated the total cost of the work and is prepared to provide its share of the cost as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, a copy of which is attached hereto and made a part hereof; and WHEREAS, said ordinance or resolution also establishes the authority under which the Local Agency enters into this contract; and K WHEREAS, the contract is executed by the State pursuant to the provision of Sections 43 -1 -102, et seq., 43 -1 -106, 43- 2- 101(4)(c) and 43 -2 -144, C.R.S., 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 advantageously performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: PROJECT PROVISIONS A. The State will provide liaison with the City 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. B. The Local Agency has estimated the total cost of the preliminary engineering and construction to upgrade the intersection of Northern Avenue and Beulah Avenue in the city of Pueblo, Colorado, hereinafter referred as the work to be $112,x00, which is to be funded as follows: 3 a. Federal participating.funds (78% of $109,804) b. Local Agency share: (1) Local Agency parti- cipating funds (22% of $109,804) (2) The Local Agency non- participating funds for indirect costs (approx. 2.00% of $109,804) Subtotal (Local Agency share) Total Funds $24,156 $2,196 $85,648 $26,352 $112,000 4 REVISED 6/86 STANDARD GENERAL PROVISIONS A. The State will provide: 1. Preliminary engineering, design services, preparation of construction plans and special provisions in accordance with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction, with input by the Local Agency. 2. Design work sheets used in designing of the project. B. The State will complete the final assembly of construction plans and special provisions, and contract documents. The Local Agency will provide final assembly of estimated quantities to the State for the construction plans. In the event all or part of the construction work is to be contracted, the State will establish appropriate Disadvantage Business Enterprise (DBE) goals for the construction contract(s) and the State in conjunction with the Local Agency will advertise the call for bids, and upon concurrence by the Local Agency, award the construction contract(s) to the lowest responsible bidder(s). C. 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. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all right 5 of way has been acquired in accordance with the applicable State and Federal regulations, or that no additional right of way is required. The Local Agency shall be responsible to perform acquisition and relocation assistance for the project, as required by Sections 24 -56 -101 et seq. However, if the State determines that such performance by the Local Agency will jeopardize or is jepoardizing distribution of federal assistance funds, or that action by the State is necessary to comply with federal policy or procedures, then the State, in its discretion, may perform the acquisition and relocation assistance itself or may supervise and direct the Local Agency in the performance of such acquisition and assistance. Prior to taking such action, the State will provide written notice to the Local Agency of the basis of such determination or action and will meet with the Local Agency to discuss possible remedial measures. D. The State will be responsible for assuring that the Local Agency has obtained 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. 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. 2 E. The State will be responsible for the supervision of the construction of the project. The supervision will consist of but not be limited to field and office engineering, inspection and material testing, and traffic control. The project will be subject to periodic inspection by the FHWA. F. In the event that all or part of the work is to be accomplished by force account rather than contract as specified in paragraph D hereinabove, the State will insure that all work 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 based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the work. Where actual costs are used, eligibility of costs items shall be evaluated for compliance with Federal Procurement Regulations Part 1 -15. Rental rates for publicly owned equipment *ill be the second shift rental rate per hour as established in the State's Construction Equipment Rental 7 Rate Schedule dated May 1, 1986 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 State shall, during all phases of the work, permit duly authorized agents and employees of the Local Agency and the FHWA to inspect the project and to inspect, review and audit the project records. G. The State shall maintain all books, documents, papers, accounting records and other evidence pertaining 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. H. The Local Agency will maintain and operate the improvements 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 such improvements. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. C I. The State will administer the Local Agency and Federal -aid funds for this project in accordance with the following provisions: 1. Cost incurred by the Local Acrencv The Local Agency will prepare and submit monthly charges for costs incurred relative to the project. The Local Agency will prepare project charges in accordance 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 of such charges. Charges incurred by the Local Agency prior to the date of FHWA authorization for the project will not be charged to the project. 2. Costs incurred by the State a. The State will prepare monthly estimates of all incurred costs relative to the project. The State's monthly billings for the Local Agency share will be based on actual construction engineering costs. As funds are expended during the course of the work, the State will bill the Local Agency monthly for the Local Agency share of svch expenditures. Upon completion of the work to be performed under this contract and acceptance thereof by the State, FHWA and the Local Agency; the State will submit a final recapitulation of the project costs to the Local Agency and final �1 billing for the balance due of its share of participations costs plus all non - participating costs. 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 Treasurer may withhold an equal amount from future apportionments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, 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. b. Upon execution of this contract the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions or requirements of this contract, including prior FHWA approval of project work, Contractor understands and agrees that the State may perform 10 such services, and that payment for such services shall be at no cost to the State but shall be as provided herein. At the request of, contractor, the State shall also provide other assistance pursuant to this contract as may be agreed in writing. In the event that federal aid project funds remain available for payment, contractor understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate. However, in the event that such funding is not made available or in withdrawn for this contract, or if the contractor terminates this contract prior to project approval or completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be the sole expense of the contractor. Contractor shall pay the State for all such costs within 30 days of receipt of written notice from the State requesting same. J. 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 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 11 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 agreement 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 additional funds, once appropriated by city council, 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 paragraph J above. K. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from Federal and Local Agency sources. Should these sources, either Federal or Local Agency, 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 12 any financial obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. L. 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 and Local Agency. The covenants with regard to maintenance of the improvements 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. M. During the performance of all work under this contact, the parties hereto agree to comply with Title VI, of the Civil Rights Act of which are shown in the Non - discrimination Provisions attached hereto and made a part hereof. N. The "Special Provisions ", "Attachment LO" and Appendix B attached hereto are hereby made a part of this contract. O. This contract shall inure to the benefit of and be binding upon the parties, their successors and assigns. 13 IN WITNESS WHEREOF, the parties hereto have executed this contract the day year first above written. ATTEST: CLIFFORD W. HALL State C ntroller By ATTEST: g w i f STATE OF COLORADO ROY ROMER, GOVERNOR By (' xecutive Director Y EPARTMENT OF HIGHWAYS APPROVED: GALE NORTON Attor P By BARRY B. RYAN Assistant At orney General Natural Resources Section CITY POUEBLO, COLORADO By e,rQ. , 4�� Title - Re ES /DFAl - i oF 77/e 4,41,, 14 APPENDIX B SECTION 1. MINORITY BUSINESS ENTERPRISE (MBE) Policy. It is the policy of the Department of Transportation 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 enerprises 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 for 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 the program. A copy of the MBE program will be available from: Staff Construction Engineer 4201 E. Arkansas, Room 287 Denver, CO 80222 Phone: (303) 757 -9231 and will by request be mailed to said contractor. APRIL 1980 Nondiscr Provisions: In compliance with Title VI of the Civil Rights Act of Section 162(a) of the Federal Aid Highway Act of 1973, itself, its assignees and successors in interest, agree 1964 and with the Contractor, for as follows: A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportaion relative to nondiscrimination in Federally- assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations "), which are herein incorporated by reference and made a part of this contract. B. Nondiscriminati The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate 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 employment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations 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. D. Information and The Contractor will provide all information and reports requied by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. 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. page 1 of 2 pages 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 detrermine to be appropriate, including; but not limited to: (1) Withholding of payments to the Contractor under the contract until the Contractor complies, and /or; (2) Cancellation, termination or suspension of the contract, in whole or in part. 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 procurement 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. page 2 of 2 pages S ATTACHMENT L 0 Certification for Federal -Aid Contracts The _contractor certifies, by signing this contract, to the best of its knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid'to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. - Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Y«. i- AC421Q SPECIAL PROVISIONS CONTROLLER'S APPROVAlL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State d Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay- ment 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 i the payment of more than fifty thous.M dollm for the construction, erection, repair, maintenance. or improvement of any building, toad, bridge, viaduct, ttmnd excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this con - tract, duly execute and deliver to and file with the official whose sigastu a appears below for the State. a good and sufficient bond or other acceptable surety to be approved by said official in a pinta) sum rat less than one- hair 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, pro- visions. provcndor or other supplies used or consumed by such contractor or his soboontractor in performance 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 suds bond, when so required. is executed, delivered and filed, no claim in favor or the contractor arising under this contract shah be audited. allowed or paid. A certified or cashiers check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 33- 26-I06 CRS. as amended. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including coasts, expenses, and attorney foes incurred as a result of any act or omission by the contractor. or its employees. agents, subcon- tractors, or assigntxs purst" to the tents of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Actor 1957, as amcrdled, and other applicable law respecting discrimination and unfair employment practices (24 -34 -402. CRS 1992 Replacement Vial.), and as required by Executive Order. Equal Opportunity and Affirmative Action. dated April 16, 1975. Pursuant thereto, the follosvlrtt provision shall be conmined 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 ram creed, color. national origin. sex, marital stars, religion. ancestry. mental or physical handicap. or age. The contractor will take affirmative action to ins= that applicants are employed. and that employees are treated during employment, without regard to the above mentioned characteristics. Stich action shall include, but not be limited to the following: employment upgrading, demotion. or transfer, recruitment or recruitment :advertising: lay -offs or terminations, rates of pay or other forms of compensation; and selec- tion 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 ollit:cr setting forth provisions of this non - discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf or the co state that all qualified applicants will receive consideration for employment without regard to race, creed, soled, 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 be 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 contractors eommittmcnt 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 or the Governor, or pursuant thereto, and will permit access to his books, records, and aceouatt by the con- tracting agency and the office of the Governor or his designee fox purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A I:ahor organization will not exclude any individual otherwise qualified frorn full membership rights in such labor organization, or expel any such individual from membership in such labor organization or dis- criminate 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. 395 -53 -01 -1022 page ...1_ of __ 2 __ pages Revis�Yr r r.xs