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HomeMy WebLinkAbout7128RESOLUTION NO 7 12 8 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, FOR SAFETY IMPROVEMENTS AND LANDSCAPING ALONG SH 50 BETWEEN SH 96 AND 1ST STREET, PROJECT STE 0020(006) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, that: SECTION 1. The Agreement between the City of Pueblo, a Municipal Corporation, and the Colorado Department of Transportation concerning safety improvements and landscaping along SH 50 between SH 96 and 1st Street, project STE 0020(006) is hereby approved. SECTION 2. The President of the City Council is 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: May 10, 1993 By HOWARD WHITLOCK Councilperson APPROVED: Preside t of the Cit ouncil ATTEST: City Clerk STE 0020(006) I25, SH96, and US50, Pueblo Region 2 CONTRACT THIS CONTRACT, made this 2�v A day of 19 1 �3 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 of project and Local Agency costs ul Fund Number 400, Organization Number 9991, Appropriation Code 010, Program 2000, Function 3020, Object 2312 1 P, Originating Unit 9120, Contract Encumbrance Number 93166 (00] D (Contract Encumbrance Amount $0); and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, pursuant to the Intermodal Surface Transportation Efficiency Act of 1991, certain Federal funds have been and will u1 the future be, allocated for the improvement of certain transportation facilities wluch are not on any other Federal -Aid system, hereinafter referred to as the program; and WHEREAS, pursuant to the aforesaid laws and regulations, said facilities are eligible to be improved under the program at no cost to the State; and -I- WHEREAS, Federal -aid funds have been made available for a project, identified as STE 0020(6), for preliminary engineering, and construction to add safety improvements and landscaping along SHSO between SH96 and 1st Street in Pueblo, Colorado, hereinafter referred to as the work; and WHEREAS, the Local Agency has submitted initial design data (D.O.H. Form 463), dated February 19, 1993, to the State setting forth therein preliminary details, information and estimates of cost of tlus work, which data has been approved by the State; and WHEREAS, the matching ratio for this Federal -aid project is 80% Federal -aid funds to 20% 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 0 1o; 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., 29 -1 -203, 43 -1 -110, 43 -1 -116, 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 project; and -2- 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 Enhancement Project Coordinator, Al Veinberg, located at Staff Design, 4201 East Arkansas Avenue, Denver, Colorado 80222- 3400, 303 -757 -9378. Said Coordinator will also be responsible for coordinating the State's activities under this contract. Said Coordinator will also issue a "Notice to Proceed" to the Local Agency for commmencement of the work. B. The matching ratio for this Federal -aid project is 80% Federal -aid funds to 20% 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 %n. The performance of the work shall be at no cost to the State. If the total actual cost of performance of the work exceeds $272,188.00, the Local Agency shall pay 100% of all such costs. If the total actual cost of performance of the work is less than $272,188.00, then the amounts of Local Agency and Federal -aid funds will be decreased in accordance with the funding ratio described herein. 51 C. The Local Agency has estimated the total cost of the preliminary engineering, and construction to add safety improvements and landscaping along SHSO between SH96 and 1st Street in Pueblo, Colorado, hereinafter referred to as "the work" to be $272,188.00 which is to be funded as follows: a. Federal participating funds (80% of $272,188.00) - $217,750.00 b. Local Agency parti- cipating funds (20% of $250,000.00) $54,438.00 Total Funds $272,188.00 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 a. The Local Agency will prepare and submit monthly charges for all engineering and construction 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 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. -4- b. Any eligible Administrative, and Preliminary Engineering expenditures shall not be reimbursed to the Local Agency but shall be credited towards the Local Agency's share of the Federal Participating Funds during construction of the project. 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. 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. 2. Design work sheets used in designing of the project. -5- 3. Supervision of the projects construction. 4. Stamped construction plans, construction administration, and acceptance in writing of the work, by a Colorado registered professional engineer. B. The Local Agency will comply with the following: 1. The Local Agency will be responsible for the plans being accurate and complete. 2. 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 directives contained therein by reference. D. The Local Agency may enter into a contract with a consultant or contractor to do all or any portion of the proposed preliminary engineering, preparation of construction plans, and construction. 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 FAPG, Volume 1, Chapter 7, Section 2, Administration of Negotiated Contracts. The contract with the consultant or contractor shall be preceded by an acceptable proposal and may not be executed or awarded until the selection of the consultant or contractor and terms of the contract shall have been approved by the State and M 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 or contractor billings shall comply with the State's standardized consultant or contractor 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 and accepted by the parties hereto. The State will advertise the can for construction 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 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 the following: -7- 1. Upon advertisement for the project for construction, the consultant shall make available services as requested by the Local Agency to assist the Local Agency n1 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 appropriate laws and codes in connection with this work. G. 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. H. 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 FAPG, 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 FAPG, 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 13 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. I. 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. J. 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 W inspections of the project to verify that such improvements are being adequately maintained. K. 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 u1 effect in perpetuity or until such time as the Local Agency is, by law or otherwise, relieved of such responsibility. L. 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. M. The Special Provisions and Appendix B attached hereto are hereby made a part of this contract. N. This contract shall inure to the benefit of and be binding upon the parties, their successors, and assigns. O. 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. -10- IN WITNESS WHEREOF, the parties hereto have executed tlus contract the day and year first above written. STATE OF COLORADO ATTEST: ROY ROMBR, GOVERNOR By By (71 L1 j- Chie Cl 4EPAR Execut ve �Direclor NT OF TRANS TATION APPROVED: CLIFFORD W. HALL GALE A. NORTON State Controller Attorney General ATTEST: By A� 4-4 Title City Clerk * M Assistant Attorney General Natural Resources Section CITY OF PUEBLO B Title fesident of the City Counci -11-