Loading...
HomeMy WebLinkAbout7202RESOLUTION NO. 7202 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF TRANSPORTATION, FOR THE RUNYON LAKE TO ARKANSAS RIVER PARK PROJECT, STE 0020(005), AUTHORIZING THE TRANSFER AND EXPENDI- TURE OF FUNDS THEREFROM AND RESCINDING RESOLUTION NO. 7180 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Agreement between City of Pueblo, a Municipal Corporation, and the Colorado Department of Transportation, dated August 9, 1993, concerning the Runyon Lake to Arkansas River Park Project, STE 0020(005), a copy of which is attached hereto, having been approved as to form, is hereby approved. SECTION 2 Funds in the amount of $58,000, as referenced in the Agreement, shall be transferred from Account Number 54- 900 - 900 -0- 900 -9145 to Account Number 145 - 1993 - 951 -9154 to be used as Matching Funds. SECTION 3 The President of the 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 same. SECTION 4 Resolution No. 7180 is hereby rescinded. INTRODUCED: AUGUST 9, 1993 BY: HOWARD WHITLOCK COUNCIL PERSON APPROVED: qLl_ 313 STE 0020(005) Runyon Lake to Arkansas River Park Region 2 CONTRACT THIS CONTRACT, made this 5�� day of 19 , 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, appropri- ated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Organization Number 9991, Appropriation Code 010, Program 2000, Function 3020, Object 2312 1P, Originating Unit 0912, Contract Encumbrance Number 93165 [00] (Contract Encumbrance Amount $30,000.00 D, and $20,000.00 C); and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, pursuant to Title I, Part A, Section 1007 (c) of the Intermodal Surface Transportation Efficiency Act of 1991, certain Federal funds have been and- will in the future be, allocated for the "provision of facilities for pedestrians and bicycles, acquisition of scenic easements and scenic or historic sites, scenic or historic highway programs, landscaping and other scenic beautification, historic preservation, rehabilitation and operation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals), preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails), control and removal of outdoor advertising, archaeological planning and research, and mitigation of water pollution due to highway runoff. "; and WHEREAS, Federal -aid funds have been made available for a project, identified as STE 0020(005) for preliminary engineering, and construction to upgrade bicycle and -1- pedestrian facilities from Runyon Lake to Arkansas River Park 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 may 6, 1993, 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 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 %; 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 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: I. STATE COMMITMENTS 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 Enhancement Project Coordinator will also be responsible for -2- coordinating the State's activities under this contract. Said Coordinator will also issue a 'Notice to Proceed" to the Local Agency for commence- ment of the work. B. The State will administer the Local Agency and Federal -aid funds for this project in accordance with the following provisions. 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. 1. Costs incurred by the Local Agency 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. 2. Costs incurred by the State 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. C. The State will review construction plans, special provisions and estimates and will cause the Local Agency to make those changes necessary to assure compliance with State and FHWA requirements. The Local Agency will afford the State ample opportunity to review the construction plans, special provisions and estimates, as changed and said plans shall be considered -3- final when approved and accepted by the parties hereto. The final plans are incorporated herein by this reference. D. 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). E. The State will perform a final project inspection prior to project acceptance as a Quality Control activity. When all project work has been satisfactorily completed, the State will sign the FHWA form 1446C. II. LOCAL AGENCY COMMITMENTS 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 Specifi- cations for Road and Bridge Construction. Said plans shall include details of any required detours to prevent any interference of the construction work and to protect the traveling public. All plans produced shall be stamped by a Colorado Registered Professional Engineer. 2. Design work sheets used in designing of the project. I Construction supervision by a Colorado Registered Professional Engineer. 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, Prepara- tion of Construction Plans by Local Agency, attached hereto and made a part hereof. -4- 2. The Local Agency will be responsible for the plans being accurate and complete. 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 Federal Aid Policy Guide (FAPG), Title 23, Chapter I, Sub - chapter B, Part 172, Administration of Engineering and Design Related Service 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 Local Agency will be responsible to perform acquisition and relocation assistance for the project, as required by Section 24 -56 -101, et seq., C.R.S. However, if the State determines that such performance by the Local Agency will jeopardize or is jeopardizing distribution of federal assistance funds, or that action by the State is necessary to comply with federal policy or procedures, then the State, in its discretion, may perform the acquisition and relocation assistance itself or may supervise and direct the Local -5- Agency in the performance of such acquisition and assistance. Prior to taking such action, the State will provide written notice to the Local Agency of the basis of such determination or action and will meet with the Local Agency to discuss possible remedial measures. 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. F. The Local Agency will be responsible for obtaining the 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. G. In the event the project involves modification of a railroad company's facilities at a railroad grade crossing whereby the work is to be accom- plished 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 accom- plished 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. INZ 5. Establishing future repair and /or replacement responsibilities in the event of accidental . destruction or damage to the installation. H. The Local Agency will provide final assembly of construction plans, special provisions, estimates and contract documents. I. 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 High- ways publication, "Standard Specifications for Road and Bridge Construction", in connection with this work. j. 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 representatives, 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 -7- project. The total amount of such additional required funds will be determined at the time of final billing as provided in Paragraph I.B.2. above. K. The Local Agency shall be responsible for supervision of the construction of the project. The Local Agency shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE). The LAPE may be an employee of the Local Agency or a consultant. In such event, notwithstanding Section 12 -25 -103, C.R.S., as amended, the LAPE shall be in responsible charge of the construction supervision of the project. Such construction supervision shall consist of project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing, and inspection activities; preparing and approving pay estimates; preparing, approving, and securing the funding for contract modification orders (CMOs) and minor contract revisions (MCRs); processing contractor claims; and, meeting the Quality Control (QC) requirements of the FHWA /State stewardship program. L. The LAPE shall administer the project in accordance with this agreement, the requirements of the construction contract, and State procedures. M. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency will prepare project charges in accordance with the State's standard policies, proce- dures, and standardized billing format attached hereto and made a part hereof. Charges incurred by the Local Agency prior to the date of FHWA authorization of the project will not be charged to the project. N. 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. O. 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 ordinanc- es, 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 improve- ments are being adequately maintained. P. 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. III. GENERAL PROVISIONS A. The Local Agency has estimated the total cost of the preliminary engineer- ing, and construction to upgrade bicycle and pedestrian facilities from Runyon Lake to Arkansas River Park in Pueblo, Colorado, hereinafter referred to as "the work" to be $290,000.00 which is to be funded as follows: a. Federal participating funds (80% of $290,000.00) $232,000.00 b. Local Agency parti- cipating funds (20% of $290,000.00) $58,000.00 Total Funds $290,000.00 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 U 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 $290,00.00, and additional Federal funds are made available for the project, the Local Agency shall pay 20% 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 $290,000.00, then the amounts of Local Agency and Federal -aid funds will be decreased in accordance with the funding ratio described herein. C. Any eligible Administrative, and Preliminary Engineering expenditures shall not be reimbursed to the Local Agency but shall be credited towards the Local Agencies share of the Federal Participating Funds during construction of the project. D. The maximum amount payable to the Local Agency under this contract shall be $44,000.00 (100% of the Federal Participating Preliminary Engineer- ing funds and $20,000.00 of the Federal Participating Construction Funds, with the balance of the project funds to be paid to the Construction Contractor) unless such amount is increased by a written supplemental contract. E. 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). F. 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 -10- 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. G. 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. H. 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. I. 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 -11- structural design, details or construction of any major structures that are designed within the work of this contract. J. In the event that all or part of the work is to be accomplished by force account rather than contract as specified in paragraph I.D. hereinabove, the Local Agency will insure that all work is accomplished in accordance with the pertinent State specifications as well as FAPG, Title 23, Chapter I, Sub- chapter B, Part 635, Sub -part B, Force Account Construction. 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, Title 23, Chapter I, Sub - chapter B, Part 635, Sub -part B, Section 635.204(c). 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. 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 in effect in perpetuity or until such time as the Local Agency is, by law or otherwise, relieved of such responsibility. -12- 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. -13- IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATTEST: B Chief Clerk" CLIFFORD W. HALL State Controller STATE OF COLORADO ROY ROMER, GOVERNOR By Executi e Director DEP TMENT OF TRANSP rTA a� ATTEST: ! g w m Title G I rY 04 E KK APPROVED: GALE A. NORTON Attorney General By qT BARRY B. R AN Assistant Attorney General Natural Resources Section CITY OF PUEBLO, COLORADO By Title��EStDawT OF 1"ftE G'duNC /k -14-