HomeMy WebLinkAbout6980RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND THE STATE OF COLORADO,
DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGH-
WAYS, RELATING TO IMPROVEMENTS TO NORTHERN
AVENUE FROM GAYLORD AVENUE TO ORMAN AVENUE,
AND APPROPRIATING FUNDS THEREFOR
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
An Agreement between the City of Pueblo and State of
Colorado, Department of Transportation, identified as STM 3063(4),
Northern Avenue from Gaylord Avenue to Orman Avenue in Pueblo, a copy
of which is on file in the office of the City Clerk and made apart
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
Agreement is estimated to be $1,230,000 and the City does hereby
appropriate as its match and share of such costs the amount of
$229,118 to be taken from the 1993 Highway Users Tax Revenues.
SECTION 3.
The President of City Council is hereby authorized to
execute 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
August 10
ATTEST:
Ci y Clerk
B JOHN CALIFANO
Councilperson
, 1992
APPROVED:
Pre si nt of the City Council
9S -ion
STM 3063(4)
Northern Ave.
Gaylord to Orman
CONTRACT
THIS CONTRACT, made this day of ��p /c r= ��.- , 19 p ,
OF
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
93070; 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 STM 3063(4),
for preliminary engineering, and construction to provide a
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continuous left turn lane on Northern Avenue from Gaylord to Orman,
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 May 27, 1992, to the State setting forth
therein preliminary details, information and estimates 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 83.00% Federal -aid funds to 17.00% 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
WHEREAS, this contract is executed by the State under authority
of Sections 24 -92 -1 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 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
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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
Avenue, 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
83.00% Federal -aid funds to 17.00% 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 %. The performance of the work shall be at no cost to
the State. If the total actual cost of performance of the work
exceeds $1,230,000.00, and additional Federal funds are made
available for the project, the Local Agency shall pay 17.00% of
all such costs eligible for Federal participation and 100% of
all non- participating costs. If the total actual cost of
performance of the work is less than $1,230,000.00, then the
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
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a
preliminary engineering, and construction to provide a
continuous left turn lane on Northern Avenue from Gaylord to
Orman, in the pity of Pueblo, Pueblo County, Colorado,
hereinafter referred to as "the work" to be $1,230,000.00 which
is to be funded as follows:
a. Federal participating funds
(83% of $1,205,882.00)
b. Local Agency share:
(1) Local Agency parti-
cipating funds
(17% of $1,205,882.00)
(2) The Local Agency non-
participating funds for
indirect costs incurred
by the Local Agency and /or
the State (approx. 2%
of $1,205,882.00)
Subtotal.(Local Agency share)
$205,000.00
$24,118.00
$1,000,882.00
$229,118.00
Total Funds $1,230,000.00
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
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, procedures, and standardized
billing format attached hereto and made a part hereof. The
State will reimburse the Local Agency for the Federal -aid
share of the local agency project charges following the
State's review and approval of such charges. Charges
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incurred by the Local Agency prior to the date of FHWA
authorization for the project will not be charged to the
project. The maximum amount payable to the Local Agency
under this contract shall be $10,000.00 unless such amount
is increased by a written supplemental contract.
2. Costs incurred by the State
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
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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 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. The Local Agency understands and agrees that the
I 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
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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
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.
B. The Local Agency will comply with 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
so
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
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.
MR
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
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
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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.
H. 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
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
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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
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
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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,
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.
L. The Local Agency shall maintain all books, documents, papers,
accounting records and other evidence pertaining to costs
incurred by the local agency 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
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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.
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.
O. 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 apart 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
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and bylaws, and applicable law, to properly authorize the
undersigned signatory for the Local Agency to lawfully execute
this contract oh-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 / By h � )
Chief 1 rk y Exec tive Di a `�of
DEP MENT OF TRAM PO TATION
APPROVED:
CLIFFORD W. HALL GALE A. NORTON
State Controller Attorney General
By By 6ataj &
BARRY B. RYAN
a
Assistant Attoly General
Natural Resources Section
ATTEST: CITY OF PUEBLO, COLORADO
r
By By
Title City Clerk Title /resident of the City Council
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RESOLUTION NO. 6980
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND THE STATE OF COLORADO,
DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGH-
WAYS, RELATING TO IMPROVEMENTS TO NORTHERN
AVENUE FROM GAYLORD AVENUE TO ORMAN AVENUE,
AND APPROPRIATING FUNDS THEREFOR
BE IT RESOLVED BY THE CITY 'COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
An Agreement between the City of Pueblo and State of
Colorado, Department of Transportation, identified as STM 3063(4),
Northern Avenue from Gaylord Avenue to Orman Avenue in Pueblo, a copy
of which is on file in the office'of the City Clerk and made apart
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
Agreement is estimated to be $1,230,000 and the City does hereby
appropriate as its match and share of such costs the amount of
$229,118 to be taken from the 1993 Highway Users Tax Revenues.
SECTION 3.
The President of City Council is hereby authorized to
execute 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 August 10 , 1992
B JOHN CALIFANO
Councilperson
APPROVED:
Presi nt of the City Council
ATTEST:
city Clerk