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HomeMy WebLinkAbout7737RESOLUTION NO. 7737 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, FOR THE PURCHASE OF PORTABLE VARIABLE MESSAGE SIGNS TO PROMOTE THE PEDESTRIAN RIGHT -OF -WAY AND OTHER SAFETY PROGRAMS IN THE CITY OF PUEBLO (PROJECT C M086 -021 11263) 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 purchase of portable variable message signs to promote the pedestrian right -of -way and other traffic safety programs in the City of Pueblo (Project C M086 -021 11263) 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 November 13 1995 Councilperson AP OVED: �2' ) '-, President of the City Council ATTEST: City Clerk C M086 -021 11263 Routing No. - 52 Portable Variable Message Signs City of Pueblo Region 2 /TDR CONTRACT THIS CONTRACT, made this I day of 19 95 , by and between the State of Colorado for the use and benefit of THE STATE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "the State ", and the CITY OF PUEBLO, P.O. Box 1427, Pueblo, CO 81002, hereinafter referred to as "the City" or "the Local Agency ", 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 No. 400, Organization No. 2000, Appropriation Code 010, Program X00, Function 1321, Object 2327 TN, Project Code 11263, and (Contract encumbrance amount $80,000.00); and PAA -0-- C WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Local Agency plans as part of its safety program to select and purchase through open, competitive bid portable variable message signs which will be regularly deployed within the City to promote the City's Pedestrian Right of Way project and other City highway safety programs, said selection and purchase being hereinafter referred to as "the project "; and WHEREAS, the State concurs with the Local Agency's determination that portable variable message signs will contribute to highway safety and will therefore benefit the traveling public; and WHEREAS, the Local Agency has requested that the State provide funding for a the purchase of the portable variable message signs up to the amount of $80,000.00, and the State desires to provide funding for the City's project; and WHEREAS, the State and Local Agency desire to agree upon certain responsibili- ties with regard to the project; and -1- WHEREAS, the amount of State participation in the funding of the project has been deemed reasonable by the State; and WHEREAS, the State deems it to be in the public interest to provide the funding requested by the Local Agency for the project; and WHEREAS, this contract is entered into pursuant to the provisions of §§ 29 -1 -203, 43 -1 -110, and 43 -2 -144, C.R.S., as amended. NOW, THEREFORE, it is hereby agreed that: I. DESCRIPTION OF THE PROTECT: "The project" under this contract shall consist of the selection and purchase by the City through open, competitive bid of up to four (4) portable variable message signs for deployment on roadways within the City to promote the City's Right of Way project and other roadway safety projects. II. COST OF THE PROTECT: The Local Agency has estimated the total cost of the project to be $80,000.00 The Local Agency shall invoice the State only for the actual cost of the signs which the City purchases, and in no circumstances shall the City submit an invoice for more than the amount of $80,000.00. Any amount in excess of $80,000.00 which the City requires to purchase the signs from its selected vendor shall be the sole responsibility of the City. III. STATE COMMITMENTS: A. The State shall issue its warrant to the City for the purchase of the portable variable message signs for an amount not to exceed $80,000.00 upon receipt of the City's invoice and documentation of the cost to the City of the signs which it is purchasing. The exact amount of the warrant will be determined by the number and cost of the signs that the City commits to purchase from the selected vendor. The exact amount of the State's warrant, which shall not exceed $80,000.00 shall correspond to the amount invoiced by the City. -2- I Ulf a I: C V. a The State will provide liaison with the Local Agency through the State's Region 2, project manager. All communications relating to the day -to -day activities for the project shall be directed to: If to the State David Miller Department of Transportation Region 2 Design 905 Erie - P.O. Box 536 Pueblo, CO 81002 (719) 546 -5400 If to the City of Pueblo Greg Severance City of Pueblo Dept. of Transportation 350 S. Elizabeth Street Pueblo, CO 81003 (719) 545 -5840 Fax (719) 545 -0934 LOCAL AGENCY COMMITMENTS: The Local Agency shall advertize and bid the project in conjunction with the State and in conformity with the procedures and requirements of the State's procure- ment code and procurement rules and, upon concurrence of the State, shall award the contract to the low responsive bidder. The Local Agency shall utilize applicable S standards and MUTCD requirements as criteria in its invitation for bid and vendor selection. The Local Agency, after selecting a vendor, shall submit its invoice to the State for the amount, not to exceed $80,000.00, that it requires in order to purchase the number of portable variable message signs it chooses to acquire. GENERAL PROVISIONS: TERM OF CONTRACT The term of this contract shall begin on the date first written above and shall extend to the date upon which the Local Agency completes the purchase of the message signs, unless earlier terminated by CDOT, or unless extended by a written supplemental contract. However, the Local Agency shall remain responsible for contract obligations which necessarily continue beyond such termination date, including, but not necessarily limited to, final audit. -3- B. TIME OF PERFORMANCE This contract shall become "effective" only upon the date it is executed by the State Controller, or designee. The purchase of the signs contemplated herein shall be made as soon as practicable after the effective date of this contract. C. TERMINATION PROVISIONS This contract may be terminated as follows: (a) Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event that the contract is terminated for cause the Local Agency shall reimburse the State the entire amount paid to the Local Agency for the project in a lump sum payment made within thirty (30) days of the termination. Notwithstanding above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency. If after such termination it is determined, for any reason, that the Local Agency was not in default, or that the Local Agency's action /inaction was excusable, such termination shall be treated as a termination for conve- nience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. (b) Termination for Convenience. The State may terminate this contract at any time the Sate determines that the purposes of the distribution of State monies under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of -4- termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. (c) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with State funds, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. D. MAINTENANCE AND INSPECTION OF RECORDS The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials which pertain to the project under this contract, and shall maintain such records for a period of three (3) years after the date of termination of this contract or the payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. All such records, documents, communications and other materials shall be made available to the State, upon the State's request, for audit, inspection, examination, and /or copying during the term of this contract and for three (3) years following the termination of this contract. The Local Agency shall also permit the State to monitor all activities conducted by the Local Agency pursuant to the terms of this contract. E. SURVIVAL OF CONTRACT TERMS Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. -5- F. MODIFICATION AND AMENDMENT This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. G. SEVERABILITY To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. H. LIMITATION TO PARTICULAR FUNDS The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with funds which are avalilable to the State for the purpose of contracting for the project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands, and claims to compensation arising under this contract are contingent upon the availability of such funds to the State. In the event that such funds or any part there of are not received by the State, the State may immediately terminate this contract without liability, including liability for termination costs. I. COMPLETE UNDERSTANDING This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other l2 amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. J. SUCCESSORS AND ASSIGNS Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. K. CONFLICT OF INTEREST The Local Agency represents and warrants that it currently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Local Agency's obligations under this contract. The Local Agency's further covenants that, in the performance of this contract, it will not employ any person or firm having any such known interests. L. APPLICABLE LAWS The Local Agency shall at all times during the execution of this contract strictly adhere to, and comply with, all applicable federal and State laws, and their implementing regulations, as they currently exist and may hereafter be amended, which are incorporated herein by this reference as terms and conditions of this contract. M. SPECIAL PROVISIONS The Special Provisions, and Appendix A, which are attached hereto, are incorporated herein as terms and conditions of this contract by this reference. N. CONFLICTING LANGUAGE If a conflict occurs between the provisions of this contract proper and the attachments hereto, the priority to be used to resolve such conflict shall be as follows: (1) The Special Provisions (2) This contract proper; (3) Appendix A. O. SIGNATURE AUTHORITY The Local Agency assures and guarantees that it possesses the legal authority to enter into this contract. The Local Agency warrants that it has taken all actions -7- required by its procedures, by -laws, and /or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrant(s) that they have full authoriza- tion to execute this contract. me IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year first above written. STATE OF COLORADO ROY ROMER, GOVERNOR ATTEST: By By _ Chief Clerk ( E_xecut* rector DEPARTMENT OF TRANSPORTATION APPROVED: CLIFFORD W. HALL GALE A. NORTON State Controller Attorney General B y �� �Z B BARRY B. RYA Assistant Attorney General Civil Litigation Section CITY OF PUEBLO COLORADO ATTEST: By 1 By Title City Clerk Title President of the Cou ncil Federal Employer Identification Number (FEIN) -' j - (C � - G 50