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
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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
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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.
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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.
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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.
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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:
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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.
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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
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