HomeMy WebLinkAbout1992 Ordinance No. 0231 0 b
(Jo n trad Alo . 13-92.
BY A1.JlllORl1Y
ORD IXAXCE NO. _,2_j
SERI ES Of I 99 p.
COUN CIL BILL NO. 20
IITTRODUCED BY COU NCIL
MEMBER VAN DYKE
A', ORD l:S:A',CE AP PROV!!',;G A COKTRACT BEnVEEN TiiE STATE Of COLURADO,
DE PARTM E1\1 Of TRAl,SPORTATIO :-.1 AND TiiE cm Of ENGlf:.W•, D f (, 11-I E
l:S:STALW\TI O N Of TRAF FIC S!Gl'\ALS ,WNG STATE HIG l{I\M 'hj;, ~; LOCAi',,
Cl.ARKSO:S: A',D DOW;\1:S:G STREETS Ll\/ Tu C'TY Of EN GLl:.\'.'-;, C-,:,ORADO.
WHEREAS , fe deral-aid off-system funds have been made av ill:sule f~r a hazard
eli mination proj ect , Ide nt ifie d as HOS 0006 (65) for the lnstallal.l on of mast arms and
s ignals on St a te Highway 285 a t Lega n , Clarkson and Downing Su·e ets in the City of
E ngle woo d , Colorado: and
\\liEREAS . th e City of Englewood has estimated the total cost of the work and ts
pre pared to pro,·t de Its s h are or the cost :
!',;OW, TiiEREfORE. BE IT ORDAJ;\'ED BY TiiE CTIY COUNCIL Of TiiE Cr.Y Of
E:S:GLE\l'OO D, COLORAD O. APPROVAL Of THE CON'JRACT BEnVEEN TiiE STATE Of
COLORADO , DEPARDI E:--T Of TRANSPORTATIO N. AND THE cm Of ENGLEWOOD
\\lilCH GE:S:ERALL\' PRO11DES AS FOLLOWS:
Sttlll!n,l. This contract ts rr:ade between the Slate of Colorado , Depanment of
Trans pon atlon (St a te). and the City of Englewood (City) and generally sets fonh the
dl\'l s lo n of respon s lb lll tl es "1th rega rd to the hazard eltminallon project ldentlfted as
HOS 0006 165).
A . Th e City has estimated the total cost of tnstallauon of mast arms and
signals on State Highway 2 85 at Legan . Clarkson and Downing Streets tn the
City or E ngl ewood , Colorado to be $224.650 which ts to be funded as follows :
I. f ed eral pantctpattng funds
(90% of S220,00I
2 . City of Englewo od 's share:
(a) pantctpallng funds
( I 0% of $220.0001
(b) n on•parllctpaung funds
for Indirect costs
(not to exceed 3% of
$220,000)
Subtotal (C ity's share)
TOTAL f U:S:D S
$22 ,000
$6,600
$198,000
$ 28 .600
$226,600
B. The total amount to be pa id by the City under th is contl1i>t shall not exceed
$28 ,600.00 wit hout b enefit of a written SUP.pl•~•ntal contract.
C. The City will provide prellm tnary engineering, ,gn seMces, preparallon
of construction plans , special p rovisi ons and es .ates In a ccordance "1th
the Sta te 's Roadway a n d Bridge Manuals and Sta,1dard Speculcauons for
Ro ad and Bridge Cons t ru cuon .
D. The City may ent er Into a contract with a consultant to d o all or any ponlon
or the prop osed prellmtnary eng tne ,rtng and preparallon of constructions
plans. The selection and controt t o! the co nsultant shall h ave prtor
approval by the State and th, f ederal Highway AdmtnJstratlon lfHWA).
E. The State wtll review construcllon ·?Jans, special provisions a nd esltmates
and make those changes necessary '" assure compliance with State and
FH\VA requirements. In the event all or part of the construction work Is t o
be contracted. the State will establish approprtate Disadvantaged Business
Ent erprtse goals for the cons ,Jetton contract Is l and the the State , tn
conjunction with the City , wtll adv ertise the call for bids. and upon
concurrence by the City awaro t he construction contract(s) to the lowest
responsible bidd er(s).
f . The City wtll be responsi ble fo r ac qu!rtng any additional rtghts of way
req u ired for the completion of the project . Including any necessary
construction easements.
G. In the event the projec t Involve s modifi catio n of a railroad company's
facilities at a railroad grade crossing whereby the work Is t o be
accomplished by rail road company forces, the Cit y shall m ake applica tion
to the Public Utilities Commission rcqu!rtng Its order providing for the
tnstallatlon of the proposed impro vem ents.
H. The State. or the City with approval from the State. will be responsible for
the s upel'·l slon of the construction of the project . The project will be subject
to periodic Inspection by the fHWA.
I. In the event that all or part of the work is to be accomplished b, force
account rather than contract, the City Will ensure that all work ts
accomplls ed In accordance with the pertinent Stale sp ecific ations as well
as fHPM , Volume 6. Chapter 4, SccUon I. Subsectio n 14, Contract and f orce
Account. All force account work shall have prtor a pproval of the FHWA a nd
shall n ot be Initiated unUI the State has issu ed a wrttten n otic e to proceed .
J . The City will provide additional funds lf required to complete the work
under this project lf no additional federal-aid funds will be made availabl e
for the proj ect.
K. Th e contract Is contlngrnt upon all fund s designated for the project being
made available from fed eral and local sources. Should the sources. either
federal or local. fall to provide necessary funds as agreed, the contract may
be terminated by either the State or the City . Any party terminating its
In te rest and obllgau~ns under the contract shall not be relieved of any
financial obligations which existed prtor to the effective date of such
term ination or which may occur as a result of such termtnauon.
L. Durtng the performance of all work under the contract , the parties agree to
romply \\1th Title VJ of the Civil F'Jghts Act.
~-The foll01,1ng attachments arc made a part of the co n trac t and provid e
ge nerally as foll ow s :
A. Department of Highways. DMslon of Hi ghways . State of Colorado ,
Engineering Se rv ices, Section 107 . Preparation or Construction Plans by
Local Agency.
B. Minorit y Busl""''' Enterprise (MBE).
C. Nondiscrimination Provl1lo n .
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t9
992.
D . Specl~l Provls-,n•.
I. The contract shall not be deemed valid untU ll shall have been approved
by the Controller of the Stale of Colorado or s u ch assistant as he may
designate.
:,, To the extent authorized by law. the contractor shall Indemnify, save
and hold harmless the State against any and all claims damages. llabillly
and co un awards Including costs, expenses. and attorney fee s Incurred as a
res ult of any act or omissions by the contractor. or Its empl oyees, agents.
subcontractors, or assignees pursuant lo the terms of this contrac t.
3. Colorad o Labor Prefere nce . When a constructton contra c t for a public
project ts to be awarded to a bidder, a resident bidder shall b e allowed a
preference against a non-resident bidder from a state or foreign coun try
equal t o the preferen ce given or required by the stale or foreign county 1n
which the non-resident bidder ls a resident.
Introduced. read In full , and passed on first reading on the 18th day of Ma y. 19 9 2 .
Published as a BUI for an Ordinance on the 21st d ay of May, 1992 .
Read by title and passed on final reading on the 1st day of June, 1992.
Published by title as Ordinance No .d,i, Series of 1992 , on the 4th day of June .
ATTEST:
Patricia H . Crow, City Clerk
1. Patricia H. Crow . Ctty Clerk of the Ctty of Englewood, Colorado. hereby centfy
that the abo"e and foregoing i,: a true_.!'QPY of the Ordinance passed on final reading and
published b y title as Ordinance No.~. Serles of 1992.
(;A«-<&, LY/ a H&-_
Patricia H. Crow
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HOS 0006(65)
SH 285 AT LOGAN,
CLARKS ON, & DOWN ING
STREE TS
THIS CONTRACT, made t his
CONTRACT
day of -------· 19 ___ ,
by and between the State of Colorado for the u ■e and benefit of THE
DEPARTMENT OF TRANSPORTATION, herei~after referred to as "the
State ", and THE CITY OF ENGLEWOOD, STATE OF COLORADO, hereinafter
re f erred to as "the Local Agency · or "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 in Fund
Number 200,1, GJ.'f,, Accouht , N_llfflber 52046, Contract Encumbrance Number--
90117; and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with a?propriate agencies; and ' . .
WHEREAS, the State and the Local Ageric'~-have heretofore ente:-:ed
i nto a master agreement for project ■ on the Federal-aid urban
system, dated December 31, 1971, hereinafter referred to as the
master agr~ement which is inc~rporated h&re i n and made a part hereof
by ~ference; and
WHEREAS , the word "State · as used in this contract shall be
synonymou s with an d in_terchangeable with the wo rd "Di vi sion " as used
in the mas ter agreement; an d
WHEREAS, pursuant t o Title 23, un i ted States Code and the
regulation s promulgated thereunder, certain Federal funds ha ve bee--
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and wil l in the future be, allocated for the elimination of hazards
on any public road other than a highway on the Interstate System,
here inafter referred to as the program; and
WHEREAS, pursuant to the aforesaid laws and regulations, routes
on the off-system are eligible to be improved under the program at
no cos t to the State; and
WHEREAS, Federal-aid off-system funds have been made available
for a hazard elimination project, identified a ■ HOS 0006(65) for
installation of mast arms and signals on SH 285 at Loga n , Clarkson ,
and Downing Streets in the City of ~nglewood, Colorado, hereinafter
referred to as "the work "; and
WHEREAS, the matching ratio for this Federal-aid h~zard
elimination project is 90.001 Federa~-aid funds to 10.00\ Local
Ag e ncy funds, it being understood that such ratio applies only to
auch ·costs as are eligible for Federal participation, it being
further understood that all non-participating coats are borne by the
Loca l Agency at 100\; and
WHEREAS, the Local Agency has estimated the total coat of the
work and is prepared to provide .ts share of the cost as e •,idenced
by an appropriate ordinance or resolution d u ly passed and adopted by
the authorized representatives of the Local Agency, a copy of which
is attached hereto and made a part hereof ; and
WHER EAS, said ordinance or re so lution also establ i shes the
au thority under which ~he Loca l Age ncy ente~~ i n t o t hi s contract ;
a nd
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WH EREA S , t his contrac t i s exec uted by the St ate under au thor ~.
o! Sect i ons 24-92 -10 1, et seq ., 43-1-102, 43-1-106, 43-2 -10 1(4 )(c)
and 43-2 -144 , C.R.S ,, as amended; and
WHEREA~, the parties hereto de sir e to agree upon the d ivis io n
o f res po ns i b i l i t i es wi th regar d to thi• hazard elimination project;
and
WHERE AS , the Local Agency is ~d e quately ata f fed and sui ta bly
e quipped t o undertake and satisfactorily complete portions of th e
wo rk; a nd
WH ER EA S, the State certifies that auch work can be more
ad vantageo usly performed by the Local Agency.
1.
NOW, THEREFORE, it is hereby agreed that:
PROJECT PROVISIONS
The Stat e wi l i provide liaison wi th the Local Agency t hroug~
t he State 's District Engineer, District 6, located at
20 00 South Holly, Denver, Colorado 80222 . Said Distric t
En gineer will also be responsible f~~--coordinating the State 's
ac t ivitie s under th i s contract.
2 . Th e parties hereto agree to comp l y with all of the terms an d
conditions of the master agre ement, unless i n confl ict with
this con tract, in wh i ch case the provisions o f this c o ntract
shall a pp ly .
3 . The Local Agenc y has es timated t he t ota l cost o f ins t a ll a tion
o f mast arms and s ignal s on S H :85 a t Logan, Clarks on, a nd
Downing Streets i n t he City of Englewoo d, Colorado, here in af ter
referr ed t o a s "the wo rk", t o be S224,650 which i s to be fun de d
as fo llows:
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a . Federal participating fu nds
(90.00\ of $~20,000)
b . Local Agency share:
(l ) Local Agency parti-
cipating funds
(10 .00\ of $220,000)
(2) The Local Agency non-
participating funds for
indirect costs {not to
exceed 3\ of $220,000)
Subtotal (Local Agency share)
'l'::tal Funds
$22,000
S 6,600
$198,000
$ 28,600
$226,600
The total amount to be paid by the Local Agency under this
contract ~hall not exceed $28,600.00 without benefit of a
written supplemental contract .
GENERAL PROVISIONS
A. The Local Agency will provide:
1 . Preliminary engineering, design service,, preparat ion
of construction plans, apecia_l ."provi1iona and estimates
in accordance with the State 's Roadway and Bridge
Design Manuals and Standard Specifications for Road and
Bridge Construction .
. 2 . Design work sheets used in designing of the project .
B. The Local Agency will com p ly with the following •:
1. The Loc al Agency will prepare construction plans in
accordance ·with the requireme nt s of Eng i neer i ng
Serv ices Section 107, Preparation of Construction Pl a ns
by L~.al Agency, attached hereto and made a pa r .
hereo f .
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2. The Local Agency will be responsible for the plans
being acr.urate and complete.
C. The Loc al A1 oncy will comply with the applicable provis ions
of the State's approved Action Plan, including all Federa l
directives contained therein by reference.
D. The Local Age ncy may enter into a contract with a consultant
to d o all or any por t ion of the proposed preliminary
engineering and preparation of construction plans. In the
event that Federal-aid funds provided herein •~• to
participate in the cost of wo~k to be done by a consultant,
the contract shall comply with the regu'irements of FHPM ,
Volume l, Chapter 7, Section 2, Administration of Negotiated
Contracts . The contract with consultant 1hall be preceded by
an acceptable proposal and may not be executed or awarded ~
until the selection of the consultant and the t erms of the
contract shall have been approved by the State and the
rederd Highway Administration (F~A}'. All changes in the
contract shall be by written supplemental agreement a nd must
have prior approval of the State and FHWA . As econ a s the
co ntract with the consultant has been awarded, one copy of
the executed contract shall be submitted to the State. An y
supplemental agreement ~ shall ye similarly submitted.
E. The State will review construction plans, speci al provisions
an d'estimates a nd make those changes nec ~ssary to ass ure
c om pliance with Stat e and FH WA requirement s . The Sta te will
a ffo rd t he Local Agency am ple oppo rtunity to review the
~onstruc tion rlans, special provi s i o ns and est imates , as
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F .
changed a nd said plans shall be considered f inal when
ap proved a nd ac cepted by the parties hereto. The State will
provide final assembly of construction plans, 1pecial
provi•ion,, estimates and contract documents . In the event
al l or part of the construction work i s to be contrac ted,
the St ate will establish appropriate Disadvantaged Bus iness
Enterprise (DBE) goals for the construction contract(•) an d
t he State in con j unction with the Local Agency will
a dver tise the call for bids, and upon concurrence by the
Local Ag ency, awa r d the construction _contract(s) to the
l owest responsible bidder(s),
The l,ocal Agency wi ll be responsibl e for acquiring !lny
ad ditional rights of way required for the completion o i the
proj e ct , including a~y necessary construction ea1ements .
Prior to this project being adverti ■ed for bids, the Local
Age ncy will certify in writing to the State that all right
of way has been _acquired in accor.d_~nce with the applicable
Sta te and Federal regulations, or that no additional right
of way is required .
G. The State wil l be responsib l e for a1suring that the Loca l
Age nc y ha s obtained proper clearance or approval from any
utility comp any whi ch may become involved in this pro ject,
by separate ag.::.ee ment between the Local Agency and the
u t i lity , if nec es s a·ry. Pr i or t o this p roj e ct being
adv ertised fer bids, t,e Local Agen cy will ce rtify in
writ i ng t o the State t hat all such clearan e s ha v e be ... ,
obta i ne d .
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H, In th e event the project involves modification of a railroa~
company 's facilit i es at a railroad grade crossing whereby
the ,,ork is to be accom p lished by railroad company forces ,
the Loc al Agen cy shall make application to the Public
Utilities Commission requesting ite order providi ng for the
installation of the proposed i~provements. The Local Agen cy
sha ll also establish contact with the railroad company
involved for the purpose of:
1. Ex ec uting an agreement ■etting out what work is to be
a ccomplished and the loc~tion(s) thereof, end that the
c o sts of the improvement shall be eligible for Federal
participation.
2. Obtaining the railroad 's detailed estil.\1ate of the cost
of the work,
3 . Establishing future maintenance rusponsibilities for
the proposed installation.
4. Prescribing future use or disP,ositions of the proposed
improvements in the event of abandonment or elimina tion
of t he grade crossing .
5. Estab lishing future repair and/or replacement
·responsibilities in the event of accidental
d~struction or damage to t ~e installation.
la
! . The ::itate or the Local Agency with appro,•al from the State
will be re s pon ~ible for the supervisio n o f the construct i o n
of the project. The supervised work will consist of but not
be l imi t e d to field and office engineering , inspection and
material testing , a nd traffic control . The project wil l be --
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subject t o period i c inspection by the FHWA. In the event the
Local Agency has engaged a conrultant for the design of a
major structure, the Local Agency/consultant contract sha ll
contain the following:
1 . Upon advertisement for the project for conatruction,
the consultant shall make available services as
requested by the State to assist the State in the
evaluation of cons i ruction and the resolution of
construction problems that may arise duri ng the
construction of the project .
2 . The consultant shall review the construction
contractor's shop drawings for conformance with the
contact documents and compliance with the provisio ns of
the State Department of Highways publication, "Standard
Specifications for Road and Bridge Conatruct!on", in
connection with this work .
J . Traffic control shall b9 as provided ·Jn the construction
pla n s . Such plans shall be approved by the Local Agency .
K. In the event that all or. part of the work i• to b<a
accomplished by force account rather than contract as
spec ified in paragraph E hereinabove, the Local Agency will
ensure th1t all work is accomplished in accordance with t he
pert i ne n_ State specif . _ions as well as FHPM , Volume 6,
Cha pL er 4, Section l, Su~se c tim, 14 , Co ntract and Force
Acc ou nt . Wo rk wi ll normally be based up o n estimat~d
quant i ties and f irm unit prices agreed to between the Loc a l
Agen cy, t he State a nd t he FHWA in ad vanc e of the work, a s
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provided for in FHPH, Volume 6 , Chapter 4, Section 1,
Subsection 6 , paragraph 12.b. Such agree~ unit prices shall
constitute a commitment as to the value of the work based on
actual costs of labor, equipment rental, materials aupplie s
and supervision necessary to complete the work. Where actua l
costs are used, eligibility of costs items ■hall be
evaluated for compliance with Federal Procurement
Regulations Part 1-15. Rental rates for publicly owned
equipment will be the 1econd 1hift rental rate per hour as
established in the State'■ Conatruction Equipment Rental
Rate Schedule d_ated May 1, .986 or subsequent revisions
thereof . All force account work ■hall have prior approval of
the FHWA and ■hall not be initiated until the State has
issued a written notice to proceed. The Local Agency shall,~
during all phaaes 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 .
L . The Local Agency shall maintain all books, document ■,
papers, accounting records and oth~r evidence pertaining t o
cc ,sts incurred and to make such materials available for
inspection at all reasonable times during the contract
period a nd for 3 years .from t he date of final payment t o the
Local Age ncy . Copies of suc h rec0rds shall be furn ished by
t he Loc al Age ncy if r equested.
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M. The State will administer the Local Agency and Federal-aid
funds f o r this project in accordance with the following
pr o visions:
1 . Co sts incurred by the Local Agency
2.
The Local Agency will prepare and •ubmit monthly
charges for cc~t.B i ncu r ed r~l'ltive to the projec t. The
Local Agency will prgpare project charges in accordanc e
with the State's standa r.c r,o licies and procedures. The
State will xel1ttburs b t h• L<>.;al Agency for the
Federal-aid share o f t h~.froject charges following the
State 's review a nd approval o f Buch charges. Charges
i nc,,rred by the L-,ca l Agency p:t'ior to the date of FHWA
authorization for the project will not be charged to
the project.
Costs incurred by the State
a. 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 cour•e of the work, the State will bill the
Local Agency monthly for the Local Agency share of
such expenditures . Upon completion of the work t o
be performed una , r this contract and acceptance
there f o r .by the St ate, FHWA 'an d th e Lo cal Agenc y;
the St a t e wi l l s u bmit a final re c ap it ulation of the
proj e c t costs to the Local Agency an d final bill ing
f or t he balance due of its share of ~a r cici pat ions
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b.
costs plus all non-participating costs . Upo n
receipt of each bill trom the State, the Local
Agency will remit to the State that amount bill ed .
Should the Local Agency fail to pay monies due the
State within 30 days of demand or within such other
peri od as may be agreed between the parties here to,
the Local Age nc y 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 Uaera Tax Fun e and to pay
such funds directly to the State . Interilll funds,
until the State is reimbursed, shall be payable
from Sta te Highway Supplementary Fund (2001), All
fun d s expended by the State for the performance of --any work under this contract or relati ve to the
administr ation of thi!\ contract shall be charged to
this project.
Upon execution of thi ■ contract the State is
authorized, in its discretion, to perform a ny
necessary administrative ■upport services pursuant
to this contract. These services may be performed
pr ior to and in preparation for any conditions or
req uirements of this contract, i ncluding prior FHWA
approval of proj ect work . Contractor understands
a nd agrees that the State may perform such
services, and that payment for such services shall
be at no cost to the State , but ahall be as
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provided herein. At t he request of contractor, the
Sta t e shall also provide other assistance pursuant
to this contract as may be agreed in writing. In
the event that federal ~id project furJ• remain
ava i lable for payment, contractor understands a ,1d
agrees the costs of any such services and
ass i stance shall be pc i d to the State from project
fur,ds at the applicable rate . However, in the e vent
that such funding is not made f,vail Nble or is
withdrawn for this contract, or if the contractor
terminates ~his contract prior to project approval
or completion for any reason, then all actua l
incurred costs of such services and assistance
provided by the St ~te ■hall be the ■ole expense of
the cor,·.ractor. Contractor ■hall pay the State for
all such coats within 30 days of receipt of written
notice from the State reque~ting ■ame .
N. It is understood and agreed by the parties hereto that the
total cost of the work stated hereinbefore is the best
estima t e available based on the design data as approved at
the time of execution of this contract, and that such c o s t
is sub j ect t o revisions agreeable to the parties prior t o
b i d and a ~a r d. The Local Agency has the option to accept or
re j e ct the p r o po sa l of the low bidder for work on wh ich
competit.'.v e bids ha ve been recei ·,ed . The Local Agenc y mu s t
dec lare t he a cc eptance or rejer~ion at the award c o nferenc e
or wit hin 3 wor king days afte ~ s a id bids are publ i c ly
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opened, whichever occurs later . If the bid i s rejected,
costs i ncurred by the State in project devel o pment wjll not et·
be eligible for participation by the FHWA and must be
reimbursed to the State by the Local Agency . Following award
of the construction contract(■) under paragr aph E above, no
further rev i sions in design data or cost estimate shall be
made exc ept by agreement in writing between the parties . By
indicating its concurrence in such award at the award
c o nference, the Local Agerv:y acting by or through its dul y
authori zed repres e ntatives, agrees to provide additional
funds if required to complete the work under this project if
no addi tional Federal-aid funds will be made available for
the project. The total amount of such addit i onal required
funds will be determined at the tl.me of final billing as
provided in paragraph M above .
o. The parties hereto agree that this contract is contingent
u po n all funds designated for the pr.eject herein being made
a ·,ailable from Federal and Local Agency sources. Should
these sources , either Federal or Local Agency, fail to
pr ov ide necessary funds as agreed upon here i n, the contract
ma y be terminated by either party . Any party terminat i ng its
interest and obl i gations herein shall not be relieved o f a ny
fin a nci a l o b l igations which ex i sted prio r t o the effec tive
d ate of su ch term i na tion o r whi ch may occur a s a r esult of
s uc h termi~at io n.
P. The t erm o f this con t ra c t, e xc e pt f or t he prov is ions
.egarding ma i nte nan c e, s ha ll c o n t inue through the completi o ,e.
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and final acceptance of this project by the State, FHWA an d
Loca l Agency . The covenants with regard to maintenanc e of
the improvements construct~d under this contract shall
rema i n in effect in perpetuity or until such time as the
Loca l Agency is, by law or otherwise, relieved of such
res po ns ibi li ty.
Q . During the performance of all work under this contact, the
part i es hereto agree to comply with Title VI, of the Civil
Rights Act of which are shown in the Non-Discrimination
Provisions attached hereto an~ made a part hereof.
R. The "Special Provi sions ", Attachment LO, and Appendix B
attached hereto are hereby made a part of this contract .
s. This contract shall inure to the benefit of and be binding
upon the parties, their successors and assigns .
T. The contractor represents and warrants that it has taken all
actions that are nece~sary or that are required by its
procedures, bylaws, or applicable la".'·• to legally authorize
the undersigned signatory to execute this contract on beha lf
of the contractor and to bind the c ::,ntractor to its terms .
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IN WITNESS WHEREOF, tne parties hereto have executed this et
c ontract the day year first above written .
ATTEST:
By
C~i e f Cl erk
CL I FF ORD W. HALL
State Controller
By
ATTE ST:
By
Title
STATE OF COLORADO
ROY ROMER, GOVERNOR
By =E_x_e-cu-t~1~·v-e-,D~i~r-e-c~t-o_r ___ _
DEPARTMENT OF TRANSPORTAT ION
APPROVED:
GALE A. NORTON
Attorney General
By==~~~=-,-------BARRY B . RYAN
Assistant Attorney General
Natural Resources Section
CITY OF ENGLEWOOD, COLORADO
By-------------
Ti tle
-1 5-
NOTE : The attlched resolution or ordinance 1111st conUln the fol1011ing :
a) The Local Agency's percent (1) contri bution of the
total est11111ted dollar 1munt. .
b) Authorized Signatory.
c) Local Agency's approval of contract.
LOC,.1L AGENCY
RESOLUTION OR ORDINANCE
TO BE ATTACHED
TO EXECt.lTORY COPIES
Rev . 5 /86
10 1.1
101 .2
101.3
DOH
FORM
NO .
113
125
126
134
146
101.4
DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS
STATE OF COLORADO
ENGINEERING SERVICES
SECTION 107
PREPAMTION OF CONS'f'ROCTION PLANS BY LOCAL AGENC'f
All plans shall be in accordance with th• Department of
Highway,,. Drafting Manual . (Copi•• available through
Departrunt of Highways, Staff Design Branch or Bid Plan _,
Room 111). '
The State will prepare permanent type polyester reproductions
of original drawings at a nominal charge when raquaated by
the Local Agency . ·
The Local Agency may, at its option, purchase approved
standard size sheets from the State. Th• purchase price of
such materials ahall be th• actual coat u incurred by the
State . · It The following approved standard aiza ahaata measuring 22
inches by 34 inches with rectangular border of 20 inches by
31-1 /2 inches for the working drawing's, are normally
available from current State inventories.
TI 'tLE
Summary of Appro~imate Quantities
5tructure Qua ntities
Blanket Sheet
Plan a nd Profi l e
-:-:ross 5ection
Acc epted trade name fo r polyester film
COMPOSITION
* Mylar
Mylar
Mylar
Mylar
Vellum
The State wi11 ··prepare the title sheet for the f i nal
con scruct ,an plan~. Th e title ~heet will be mad e avail ab le
for Loca l Agency use upon reques t of the Loc al Age ncy. The
c ~sc incu rred b y the Stace for preparation of the title sh.a..
wi ll b~ charged to the project. .,
APPENDIX B
MINO RI TY BUSINESS ENTERPRISE (HBE)
SECT I ON l . Policy.
It is the p o l icy of the Department of Transportation that minority
business enterprises as defined in 49 CFR Part 23 ■hall have the .
ma ximum opportuni ty to participate in the performance of contracts
f i nanc ed in whole or in part with Federal funds under thi•
agreement . Consequently the HBE requirements ot 49 CFR Part 23
apply to this agreement.
SECTI ON 2 . HBE Obligation .
The recip i e nt or its contractor agrees to ensure that mi nority
business enerpr i ses as defined in .49 CFR Part 23 have the
maximum opportunity to participate in the performance ot
contracts and aubcontracts financed in whole or in part with
Federal funds provided under this agreement . In this regard all
recipients or contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 2~ to en ■ure that minority
business enterprises have tbe maximlllll ·Opportunity to compete tor
and perform contracts. Recipients and their contractors ■ball not
discriminate on the basis of race, color, national origin, or sex
in the award and perf~rmance of DOT•a ■aisted contracts .
SECTION 3. MBE Program .
The Contractor (subreci pient) shall be responsible for obtaining
the Minor i ty Business . Enterprise ProgrjlUIL .-ot the Colorado
Department of Highways dated January 29, 198~, as amended, and
shall comply wi th the applicable provisions of the program.
A c opy of the HBE program will be available from :
Staff Construction Engineer
4201 E . Arkansas , Room 287
Denve r , CO 80222
Ph one : (30 3) 75 7-9231
and will by request be mailed to said contractor .
..lPIUL 19~-
Nondiscri.mination V.rovisions:
In compliance with Title VI of the Civil Riqhts Act of 1964 and with
Section 162 (a) of th• Federal Aid Highway I .ct ot 1973, the Contractor,
itself, it3 ,ssignees and auccesaors in ircerest, agree as tollows :
A . Comp l iance wi th Regulations . The Co ·1tractor will comply with the ·
Regulations of the Department of Transportaion relative to
nondis crimination in Federally-assisted progra,as ot th• Department
of Transportation (Title 49, Code of Federal Regulations, Part 21,
here inafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this contract.
8 . Nondiscrimination. The Contractor, with regard to the work
performed by it after award and pr~or to completion of th• contract
work, will not discriminate on the ground of race, color, aex,
mental or physical handicap or national origin in th• selection and
retention of Subcontractors, including procurements of materials
and leases of equipment . The Contractor will not participate either
directly or indirectly in the discrimination prohibited by Section
21 .5 of the Regulations, including employaent practices when the
contract covers a program ■et .forth in Appendix C of the A..
Regulations . ~
C . Sol icitations for Subcontracts, Including Procurements of Materials
a nd Eauipment . In all solicitations either by competitive bidding
or negotiation made by the Contractor for work to be performed
under a subcontr~ct, including procurements of materials or
equipment, each potential ~·J.bcontractor_ or supplier shall be
not i fied by the Contractor of the Contractors' obligation ■ under
this c ontract and the Regulations relative to nondiscrimination on
the ground of race , color , sex, mental or physical handicap or
nat ional origin.
D. Inf o rmation and _R~ports . The Contracto~ will provide all
information and reports requied by the Reguiat i ons, or orders and
instructions issued pursuant thereto, and will permit access to its
b c o ~s, rec ord s, accounts, other sources of information, and its
facilities as may be determined by the State or the FKWA to be
pertinent to ascertain compliance with 1uch Regulations, orders and
instructions. Where any information required of the Contractor is
in the exclush·e possession of another who fails or refuses to
furnish thi s information, the Contractor shall so certify to the
State , or the FHWA as a ppropriate, and shall set forth what efforts
ha v e been made to obtain the information.
page l of 2 pages
E. Sanc ti ons f or No ncompliance . In the event of t h~ Contractor's
noncompliance with the nondi•crimination provi•i~n• of this
contract, the State shall in,pose such contract •anction• as .it or
the ?HWA may detrermine to be appropriate, including, but not
limited to :
F.
(1) Withholding of payment• to the Contractor under th•
contract until the Contractor complies, and/or ;
(2) Cancellation, termination or •uapenaion of the
contract, in whole or in part .
Incorporat i on of Provisions . The Contractor will include the
provis i ons of Paragraphs A through r in every subcontract,
including procurements of material• and leaaea. of equipment,
unl••• exempt by the Regulations, orders, or in•tructiona issued
pursuant thereto. The Contractor will take such action with respect
to any subcon tract or procurement as the State or the FBWA may
direct as a means of enforcing such prov i sion ■ including sanctions
for noncompliance; provided, however, that, in the avant the
Contractor becomaa involved in, or is threatened vith, litigation
with a Subcontractor or supplier as a result of such direction, the
Contractor may request the State to enter into such litigation to
protect the interests of the State and, in addition, the Con t ractor
may request the FHWA to enter into ·&uch litigation to prote~t the
intarests of the Ur.ited Statea.
page 2 of 2 pages
IPSCIAL PaOVIIIONI
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