HomeMy WebLinkAbout7222RESOLUTION NO. 7222
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE STATE DEPARTMENT OF TRANSPORTATION,
STATE OF COLORADO, FOR THE WIDENING OF THE
INTERSECTION OF LEHIGH /HOLLYWOOD AT NORTHERN
AVENUE (PROJECT STU M086 003)
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 widening of the intersection of
Lehigh /Hollywood at Northern Avenue to provide for left and right turn lanes,
(Project STU M086 003), 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 September 13, 1993
By JOHN CALIFANO
Councilperson
APPROVED:
Prest ent of the City Council
ATTEST:
` L
City Clerk
STM M086 -003
Lehigh /Hollywood at Northern
Region 2
CONTRACT
THIS CONTRACT, made this � /� day of
Oc , 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 2040, Contract Encumbrance Number 10108 [00] D
(Contract Encumbrance Amount $13,500.00); 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 of the Intermodal Surface
Transportation Efficiency Act of 1991, certain Federal funds have been and will in the
future be, allocated for projects eligible under the Surface Transportation Program,
hereinafter referred to as the program; and
WHEREAS, pursuant to the program, Federal -aid funds have been made available
for a project, identified as STM M086 -003 for preliminary engineering, and construction
to upgrade the Lehigh Avenue /Hollywood Drive and Northern Avenue intersection in
Pueblo, Colorado, hereinafter referred to as the work; and
WHEREAS, the matching ratio for this Federal -aid project is 83% Federal -aid
funds to 17% 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
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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
Region Transportation Director, Region 2, located at 905 Erie Avenue, P.O.
Box 536, Pueblo, Colorado 81002,719-546-5400. Said Region Transportation
Director will also be responsible for coordinating the State's activities
under this contract.
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
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date of Federal Highway Administration (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 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 final plans are incorpo-
rated herein by this reference.
D. 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 appropri-
ate 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 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
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engineering, inspection and material testing, and traffic control. The
project will be subject to periodic inspection by the FHWA.
F. 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.
2. Design work sheets used in designing of the project.
3. Construction plans sealed by a Colorado licensed 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.
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
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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 shall 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 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.
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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.
5. Establishing future repair and /or replacement responsibilities in the
event of accidental destruction or damage to the installation.
H. 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
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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.
I. 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
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.
J. If the Local Agency requests, and the State agrees, that the Local Agency
assume responsibility 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.
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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.
K. The LAPE shall administer the project in accordance with this agreement,
the requirements of the construction contract, and State procedures.
L. 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 Federal
Highway Administration (FHWA) authorization for the project will not be
charged to the project.
M. 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.
N. 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
in
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will make periodic inspections of the project to verify that such improve-
ments are being adequately maintained.
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
0
The Local Agency has estimated the total cost of the preliminary engineer-
ing, and construction to upgrade the Lehigh Avenue /Hollywood Drive
and Northern Avenue intersection in Pueblo, Colorado, hereinafter referred
to as "the work" to be $153,000.00 which is to be funded as follows:
a. Federal participating funds
(83% of $150,000.00) $124,500.00
b. Local Agency share:
(1) Local Agency parti-
cipating funds
(17% of $150,000.00) $25,500.00
(2) The Local Agency non-
participating funds for
indirect costs incurred
by the Local Agency and /or
the State (approx. 2%
of $150,000.00) $3,000.00
Subtotal (Local Agency share) $28,500.00
Total Funds $153,000.00
The matching ratio for this Federal -aid urban system project is 83%
Federal -aid funds to 17 % Local Agency funds, it being understood that
such ratio applies only to such costs as are eligible for Federal participa-
tion, it being further understood that all non - participating costs are borne
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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 $153,000.00, and additional Federal funds are made available for
the project, the Local Agency shall pay 17% 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 $153,000.00, then the
amounts of Local Agency and Federal -aid funds will be decreased in
accordance with the funding ratio described herein.
C. The maximum amount payable to the Local Agency under this contract
shall be $11,205.00 (90% of the Federal Participating Preliminary Engineer-
ing costs with the Balance of the project funds to be paid to the State (on
an incurred cost basis) and the construction contractor) unless such amount
is increased by a written supplemental contract.
D. Upon receipt of each bill from the State, the Local Agency will remit to the
State that amount billed no later than 30 days after receipt of each bill.
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 apportion-
ments 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).
E. 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
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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.
F. 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.
G. 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.
H. 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.
I. 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
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Local Agency will ensure 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 determined in accordance with
Section 109.04 of the State's "Standard Specifications for Road and Bridge
Construction ". 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.
J. 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.
K. 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.
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L. The Special Provisions and Appendix B attached hereto are hereby made
a part of this contract.
M. This contract shall inure to the benefit of and be binding upon the parties,
their successors, and assigns.
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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
B
Chief Cler F,',,' xecutive Director
DEPARTMENT OF TRANSPORTATION
APPROVED:
CLIFFORD W. HALL GALE A. NORTON
State Controller Attorney General
B By
BARRY B. RY
Assistant Attorney General
Natural Resources Section
ATTEST: CITY OF PUEBLO, COLORADO
By JLZIA By
Title �'ilf Title SIP N OF Me <f Z' V1YGJ4
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