HomeMy WebLinkAbout6979RESOLUTION NO. 6979
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 LOCATIONS THROUGHOUT
THE CITY OF PUEBLO (PROJECT M- 3000(8))
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 M- 3000(8), 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:
- L_JL'1
Ci y Clerk
APPROVED:
Presid nt of the City Council
MG 3000(8)
Traffic Signals
Various Locations
CONTRACT
THIS CONTRACT, made this Z4 J day of � g `r-^
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
92078; 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
WHEREAS, Federal -aid urban system funds have been made
available for an urban system project, identified as MG 3000(8) for
preliminary engineering, and construction to upgrade traffic signals
-1-
I I
at the intersections of Prairie Avenue with Mesa Avenue, Evans with
Mesa Avenue, Lake Avenue with Jones Avenue, Lake Avenue with Orman
Avenue, Abriendo Avenue with Washington Avenue, Broadway Avenue with
Orman Avenue, Abriendo Avenue with Lake Avenue, Abriendo Avenue with
Broadway Avenue, Abriendo Avenue with Colorado Avenue, Abriendo
Avenue with 4th Street (SH96), and Union Avenue with Newton Street,
in the City of Pueblo, Pueblo County, Colorado, hereinafter referred
to as the work; and
. WHEREAS, the Local Agency has submitted initial design data
(D.O.H. Form 463), dated April 10, 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 matching ratio for this Federal -aid urban system
- project is 100.00% Federal -aid 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
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)
-2-
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:
ARTICLE I
PROJECT PROVISIONS
A. The State will provide liaison with the Local Agency through
the State's District Engineer, District 2, located at 905 Erie,
P.O. Box 536, Pueblo, CO 81002. Said District Engineer will
also be responsible for coordinating the State's activities
under this contract.
B. The matching ratio for this Federal -aid urban system project is
100.00% Federal -aid 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 %.
The performance of the work shall be at no cost to the State.
If the total actual cost of performance of the work exceeds
$338,520.00, and additional Federal funds are made available
for the project, the Local Agency shall pay 100% of all
non - participating costs. If the total actual cost of
performance of the work is less than $338,520.00, then the
-3-
amounts of Local Agency and Federal -aid funds will be decreased
in accordance with the funding ratio described herein.
C. The Local Agency has estimated the total cost of the
preliminary engineering, and construction to upgrade traffic
signals at the intersection of Prairie Avenue with Mesa Avenue,
Evans with Mesa Avenue, Lake Avenue with Jones Avenue, Lake
Avenue with Orman Avenue, Abriendo Avenue with Washington
Avenue, Broadway Avenue with Orman Avenue, Abriendo Avenue with
Lake Avenue, Abriendo Avenue with Broadway Avenue, Abriendo
Avenue with Colorado Avenue, Abriendo Avenue with 4th Street
(SH96), and Union Avenue with Newton Street, in the City of
Pueblo, Pueblo County, Colorado, hereinafter referred to as
"the work" to be $338,520.00 which is to be funded as follows:
a. Federal participating funds
(100 %'of $331,882.00) $331,882.00
b. Local Agency share:
The Local Agency non-
participating funds for
indirect costs incurred
by the Local Agency and /or
the State (approx. 2%
of $331,882.00) $6,638.00
Total Funds $338,520.00
D. 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
There will be no payments made to the Local Agency for
costs incurred under this contract.
2. Costs incurred by the State
-4-
a. The State will prepare monthly estimates of incurred
costs relative to the project. The State's monthly
billings for the Local Agency share will be based on
actual 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 such
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 a final billing for the balance
due of its share of participating 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 moneys 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 (400). 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.
-5-
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. The Local Agency understands and agrees that the
State may perform 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 the
Local Agency, 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, the Local Agency
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 is withdrawn
for this contract, or if the Local Agency 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 Local Agency. The Local Agency
shall pay the State for all such costs within 30 days
of receipt of written notice from the State requesting
same.
E. 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 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), 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 representa-
tives, agrees to provide additional 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 Paragraph E above.
F. 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
-7-
M
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.
ARTICLE II
GENERAL PROVISIONS
A. The Local Agency will provide:
1. Preliminary engineering, design services, preparation of
construction plans, special provisions and.estimates in
accordance with the State's Roadway and Bridge Design
Manuals and Standard Specifications for Road and Bridge
Construction.
2. Design work sheets used in designing of the project.
R, The Local Agency will comply wit4 the following:
1. 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.
2. The Local Agency will be responsible for the plans being
accurate and complete.
3. Notwithstanding any consents or approvals given by the
State for said plans, the State will not be liable or
responsible in any manner for the structural design,
details or construction of any major structures that are
designed within the work of this contract.
C. The Local Agency will comply with the applicable provisions of
the State's approved Action Plan, including all Federal
am
4
1 ,
directives contained therein by reference.
D. The Local Agency may enter into a contract with a consultant to
do all or any portion of the proposed preliminary engineering
and preparation of construction plans. In the event that
Federal -aid funds provided herein are to participate in the
cost of work to be 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 selection
of the consultant and terms of the contract shall have been
approved by the State and the Federal Highway Administration
(FHWA). All changes in the contract shall be by written
supplemental agreement and must have prior approval of the
State and FHWA. As soon as the contract with the consultant
has been awarded, one copy of the executed contract shall be
submitted to the State. Any supplemental agreements shall be
similarly submitted. Any consultant billings shall comply with
the State's standardized consultant billing format. Examples
of the billing formats for the various methods of contract
payment are attached hereto and made a part hereof.
E. The State will review construction 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
construction plans, special provisions and estimates, as
changed and said plans shall be considered final when approved
ME
and accepted by the parties hereto. The State will provide
final assembly of construction plans, special provisions,
estimates and contract documents. In the event all or part of
the construction work is to be contracted, the State will
establish appropriate Disadvantaged 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).
F. 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 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 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.
B. In the event the project involves modification of a railroad
company's facilities at a railroad grade crossing whereby the
work is to be accomplished by railroad company forces, the
-10-
Local Agency shall make application to the Public Utilities
Commission requesting 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 responsibilities for the
proposed installation.
4. Prescribing future use or dispositions of the proposed
improvements in the event of abandonment or elimination of
the grade crossing.
5. Establishing future repair and /or replacement
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. The supervised work 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. In the event the
Local Agency has engaged a consultant for the design of a major
structure, the Local Agency /consultant contract shall contain
-11-
the following:
1. Upon advertisement for the project for construction, the
consultant shall make available services as requested by
the State to assist the State in the evaluation of
construction and the resolution of construction problems
that may arise during the construction of the project.
2. The consultant shall review the construction contractor's
shop drawings for conformance with the contract documents
and compliance with the provisions of the State Department
of Highways publication, "Standard Specifications for Road
and Bridge Construction ", in connection with this work.
J. 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.
K. In the event that all or part of the work is to be accomplished
by force account rather than contract as specified in paragraph
E hereinabove, the Local Agency 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 to be performed. It may be agreed to participate in the
work based on actual costs of labor, equipment rental,
-12-
materials supplies and supervision necessary 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
equipment will be the second shift rental rate per hour as
established in the State's Construction Equipment Rental 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 Local Agency shall, during all phases
of the work, permit duly authorized agents and employees of the
State and the FHWA to inspect the project and to inspect,
review and audit the project records.
Le The Local Agency 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.
M. 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
-13-
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.
N. 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.
0. During the performance of all work under this contract, 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.
P� The Special Provisions and Appendix B attached hereto are
hereby made a part of this contract.
Q. This contract shall inure to the benefit of and be binding upon
the parties, their successors, and assigns.
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.
-14-
IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
ATTEST:
By
Chief C e k
STATE OF COLORADO
ROY ROMER, GOVERNOR
By
t" k DEP u TMENT D OF TRANSPORT TION
APPROVED:
CLIFFORD W. HALL
State Controller
ATTEST:
L
By LIA
Title City Clerk
GALE A. NORTON
Attorney General
By
J
BARRY B. RY
Assistant Atto=4 General
Natural Resources Section
CITY OF PUEBLO, COLORADO
By . zz
Title P esident of the City Council
-15-
Trdf f lC
TRORC 54MITY coaR��N�r�aN i�rpRov�i �Nrs
I
9
E
�Rk
61O-c
s
S / W A RIrN
x 4
Y oNc A�
v ` O(j SVERE AVE
C EIROSCy AVE
u
:.R IlE K
)ITTMER AVE
u r P P
� D l
10 AVE S,
xA.tr
VE
4
S)
COLORADO
STATE F AIR
<
<
N ( z c 'RVEN RD T
ST
,MO RD w
VIOTO" , y
SHOPPINC Iw 6T}
CENTER A
w Sri
D
COLO STATE HWY 96 4TH
W 3R T
w 2r0 ST
a
r095W sr ■
V. u1T AVE �
x <
D J H o
=
H
J ACRA. AK N
A
O �
N z M A
Q ABR/ENDO AYE f WASP/ /NGTON ST
Q ABR/ENDO AYE S LAKE AYE
Q AFR/ENDO AYE X BROADWAY AYE
Q ABR/ENDO AYE 4 COLORADO AYE
Q ABR/ENDO AYF f 4 M ST (COL 0 YO
( ) UN /ON AYE f NEWTON ST
MG 3000(8)
Traffi,c Signals in Pueblo
TRAFFIC SAF ETY IMPROVEMENTS
N
0
PRAIRIE AVE & MESA
AVE
02
EVANS AVE 8& MESA
AVE
03
LAKE AVE & JONES
AVE
®
LAKE AVE a ORMAN
AVE
Q BROADWAY AVE a ORMAN AVE