HomeMy WebLinkAbout6978RESOLUTION NO. 6978
A RESOLUTION APPROVING AN AGREEMENT BE-
TWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE STATE DEPARTMENT OF
TRANSPORTATION, DIVISION OF HIGHWAYS, STATE
OF COLORADO, FOR THE PURCHASE OF TRAFFIC SIGNAL
EQUIPMENT AT VARIOUS LOCATIONSTHROUGHOUT
THE CITY OF PUEBLO (PROJECT CX 99- 2000 -54)
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 Colorado Transportation Department concerning
the purchase of traffic signal equipment at various locations
throughout the City of Pueblo, Project CX 99- 2000 -54, 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 August 10 , 1992
M
JOHN CALIFANO
Councilperson
ATTEST:
44,41A �' IQ. - 00.4�
Ci y Clerk
APPROVED:
Presi ent of the City Council
CX 99- 2000 -54
Pueblo Signals
State Highways
CONTRACT
THIS CONTRACT, made this Zn J day of 1C4f {� 19 �Z ,
by and between the State of Colorado for the use and benefit of THE
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State,
and THE 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 400, Appropriation Code 010, Contract Encumbrance Number
92450; and
WHEREAS, the State and the Local Agency desire to cooperate in
a project for the purchase of traffic signal materials for various
intersections within the city of Pueblo, Colorado; and
WHEREAS, required approval, for the State to enter into a
contract with the Local Agency for project CX 99- 2000 -54 to
accomplish the said purchase, has been received; 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 6, 1992, 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 Local Agency has executed this contract pursuant
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to the authority granted in its resolution, attached hereto and made
part hereof; and
WHEREAS, said ordinance or resolution also establishes the
authority under which the Local Agency enters into this contract;
and
WHEREAS, this contract is executed by the State under authority
of Sections 24 -92 -101, et seq., 43 -1 -102, 43 -1 -106, 43- 2- 101(4)(c)
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:
ARTICLE I
PROJECT PROVISIONS ,
1. The work under this contract shall be the purchase of traffic
signal materials. 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 for various intersections in the city of
Pueblo, Pueblo County, Colorado as provided herein.
2. The Local Agency shall be responsible for the completion of the
work. All costs incurred by the Local Agency for the purchase
of the subject signal materials associated with this project
shall be borne by the State as provided for in this contract.
The cost of said materials is estimated to be $54,553.00
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3. The State shall pay only for the actual costs of the purchase
of signal materials up to a maximum amount of $54,553.00. The
State shall be responsible for 100% of-all actual costs of the
purchase of signal materials up to but not exceeding
$54,553.00. The State shall reimburse the Local Agency for all
actual costs incurred in acquiring the signal materials up to
the maximum amount of $54,553.00 The Local Agency shall be
responsible for all costs in excess of $54,553.00. The amount
of actual compensation shall be subject to review and approval
as provided herein.
4. 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 services shall not be included in the costs of the
work to be reimbursed by the State.
5. The Local Agency shall acquire signal materials that meet the
current "Manual on Uniform Traffic Control Devices" (MUTCD)
requirements or as specified in the plans.
6. The Local Agency shall install the signal material at the
following locations in the city of Pueblo, Colorado:
SH 96 and Prairie
SH 50B and Bonforte /Hudson Avenue
SH 50 and Baltimore Avenue
SH 50 and Morris Avenue
SH 45 (Pueblo Blvd.) and SH 96 (Thatcher Avenue)
ARTICLE II
GENERAL PROVISIONS
A. The Local Agency shall maintain all books, documents, papers,
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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.
B. 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 States standard policies
and procedures. The State will reimburse the Local Agency for
the charges following the States review and approval of such
charges.
C. 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.
D. 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 interests and
obligations herein shall not be relieved of any financial
obligation which existed prior to the effective date of such
termination or which may occur as a result of such termination.
E. The term of this contract shall continue through the completion
of the work by the Local Agency and receipt by the Local Agency
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of final payment from the State.
F. This Contract shall inure to the benefit of and be binding upon
the parties, their successors, and assigns.
G. The "Special Provisions" attached hereto are hereby made a part
hereof.
R. The Local Agency represents and warrants that it has taken all
actions that are necessary or required by internal procedures
and bylaws, and applicable law, to properly authorize the
undersigned signatory for the Local Agency to lawfully execute
this contract on behalf of the Local Agency and to bind the
Local Agency to its terms.
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IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
STATE OF COLORADO
ATTEST: ROY ROMER, GOVERNOR
By Y
Chief k Exec tive Di ec or
1 5 DEPA TMENT OF TRANS'OR ATION
APPROVED:
CLIFFORD W. HALL GALE A. NORTON
State Controller Attorney General 7� '-- / ' By By &�
BARRY B. R AN
Assistant Attorney General
Natural Resources Section
ATTEST: CITY OF PUEBLO, COLORADO '
By By .�
Title City Clerk Title P sident of the City Council
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