HomeMy WebLinkAbout1996 Ordinance No. 006•
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ORDINANCE NO.~
SERIES OF1996
BY AUTHORITY
COUNCIL BILL NO. 6
INTRODUCED BY COUNCIL
'dEMDER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE STATE OF COLORADO DEPARTMENT OF
TRANSPORTATION AND THE CITY OF ENGLEWOOD, COLORADO FOR THE
COST OF CONSTRUCTION AND CONSTRUCTION ENGINEERING FOR THE
DARTMOUTH BIKE TRAIL PROJECTS.
WHEREAS, the City Coun:il of the City of Englewood, Colorado adopted
Ordinances No. 16, No. 19 and No . 20, Series of 1995 authorizing contracts with
COOT for the cost of deaign ae r, 0
Cet1 of the Dartmouth Bike Trail th-ough Cullhing
Park, Belleview Avenue sidewalb and Bro~dway aidewalb; and
WHEREAS , all of theae projecta have consolidated into one construction prqject
entitled Dartmouth Bike Trail Projec:tr, and
W REAS, Federal-Aid Funds, administered through the Colorado Department
ofTranaportation, will pay 80% of the coals and the City of Englewood will JlllY 20% of
the costs for the Dartmouth Bike Trail Projecta Conmoct; and
WHEREAS, the Dartmouth Bike Trail project& have been approve<\ by t'"' Th!nver
Regional Council of Governments (DRCOG ) for funding through the J,\l, r modal
Surface Transportation Efficiency Act OSTEA) and will consist of coa•c,-•1ction of a
bike trail through Cushing Park, sidewalks along the east side of Broadway from
Belleview south to Englewood City limits and si dewalks in Englewood alnng
Bell eview from Windermere to Clarkson;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C, TY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
~-The intergovernm ental agreement between the Stste of Colorado
Depa-tment of Transportation and the City of Englewood , Colorado for the cos : sf
construction and con struction engineering for the Dartmouth Bike Trail Projects , is
attach ed as "Exhibit A".
~-The intergovernmental agnement between the State of Co lorado
Department of Transportation and the City of Englewood, Colorado for the cost of
construction and construction engmeering for the Ds rtmouth Bike Trail Projccta is
hereby accepted and approved by the Englewood City Council. Th e Mayor is
authorized tc execute and the City Cleric tc attest and seal the Agreement for and on
,ehalf of the City of Englewood , Colorado.
Introd uced, read in full , and passed on first reading on the 20th day ofFebr 1ary,
1996 .
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Published as a Bill for an Ordinance OD the 22nd day of February, 1996.
Read by title and paased oo final reading OD the 4th day of Manc'i , 1996.
Published by title as Ordinance No.~. Serie• of 1996, on the 7th day of March,
1996.
Ltlttl
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy l the Ordinance passed on final ..... ~· '""'""., .... -"""'-.. . L tl t¼;
Loucri.shia A Elli s •
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STE M39S-001/002/003
OAR'1'MOOTB BIKE TRAIL
(FEDERAL/UNIVERSITY)
REGIOII 6/dep
EXHIBIT A
CONTRACT
THIS CONTRACT, made this ---day of _______ , 19 ___ ,
by and between the State of Colorado for the uso and benefit of THE
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State,
a nd CITY OF ENGLEWOOD , ST~TE OF COLORADO, 3400 South Elati,
Englewood, Colorado 80110, hereinafter referred to as the Local
Agency or as the Contractor,
WHEREAS , authority e xi sts in the law and funds have been
budgeted, appropriated and otherwise made available and a
sufficient unencumb ered balance thereof remains available for
payment of project and Local Agency costs in Fund Number 400,
Organization Number 9991, Appropriation Code 010, Program 2000 ,
Report·ing Category 6040, Contract Encumbrance Number 10479
(Contract Encumbrance Amount $0); and
• WHEREAS, required approval, clearance and coordination has
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been a ccomplished from and with appropriate agencies; and
WHEREAS, pursuant to Title I, Part A, Section 1007 (c ) of the
Intermodal Surface Transportation Effici ency Act of 1991, certai n
Federal funds ha ,·e been and wil l in the future be, a l located for
the "provision o t fac i lities for pedestri ans and bicycles,
acqu i sition of s~en i c eas ements and scenic or historic sites,
scenic o r histo r ic highway programs, landscaping and other .scenic
beautification, historic preservation, rehabilitation and operation
of histori c transportation buildi ngs , struc tures or facilities
(including histo ric railroad facilities and canals), preservation
of abandoned ra ilway corridors (1ncluding the conversion and use
thereof f o r pedest rian or bicycle trails), control and remova l of
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outdoor advertising, archaeological planning and research, and
mitigation of water pollution due to highway runoff."; and
WHEREAS, the State and the Local AgAncy have heretofore
entered into three (3) basic contracts tor projects numbered M395-
001, M395-002 .nd M395-003 , dated May 26 , 1994, August 5, 1994 and
August 5 , 1994, respectively, which provided tor (1) preliminary
engineering of a concrete bicycle path from the Santa Fe and
Dartmouth intersection th.rough Cushing Park to Huron Street; and
(2) preliminary Engineering or sidewalks with handicap .accessible
curb cuts along Belleview Avenue from Clarkson Street to WindArmere
Street; an d (3) preliminary engineering to construct sidewalks with
handicap accessible curb cuts along the east side of Broadway from
Be lleview Avenue to Powers Avenue; and
WilEREAS, all construction funds f or the three projects have
been tr~nsferred into one project, specifically STE M395-0 0 l , which
project also incluc!ss the original preliminary e n ,· nearing funds
for that project; and
WHEREAS, Federal-aid funds have been made available for the
three (3) projects, identified as STE M395-00l, STE M395-002 and
STE M39 5-003 for preliminary engineering and construction of a
concrete bicycle path from the Santa Fe ~nd Dartmouth i ntersection
through Cushing Park t o Huron Street, and for construction of
sidewalks with handicap accessible curb cuts along Belleview Avenue
from Clarkson Street to Windermere Street and construction of
sidewalks with handicap accessible curb cuts along the east side of
Broadway from Be :leview Avenue to Powers, all ~n the City of
Englewood, Colorado, hereinafter referred to as the work; and
WHEREAS, the Local Agency has submitted a project appl_ication
to the State setting forth therein prelimi:,ary de tails, informatio n
and estimate s o f cost of this work, whi ch data has been approved by
the State; and
WHEREAS, the mat ching ratio for this Federal-aid pro j e ct is
8 0\ Federal -aid funds to 20\ Local Agency funds, it being
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under~tood 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 est i mated the total c ost of the
work and is prepared to pr'>,ride its share of the cost as ,;videnced
by an appropriate ordi nance or resolution duly passed and adopted
by the authorized representatives of the Local Agency, a copy of
whi ch is attached hereto and made a part hereof; and
WHEREAS , said ordinance or resolution also establishes the
a uthority under which the Local Agency enters into this cont~act;
and
WHEREAS, this contract is executed by the State under
authority of Sections 24-92-1 01, e t seq., 29-1-203, 43-1-110 ,
43-1-116 , 43-2-101(4) (c) an d 43 -2-14 4, C.R.S., as amended; and
WHEREAS, the part i es hereto desi ~~ to agree upon the division
of res ponsibilities with regard to th i s project ; and
WHEREAS, the Local Agency is adequately staffed and s u i t ably
equipped to undertake and satisfactorily complete portions of the
work; a nd
WHEREAS, the State certifies that such work can be more
advantageously performed b1 the Local Agen c y .
NOW , THEREF ORE, it is hereby agreed that :
I . STATE COMMITMENTS
A. The Sta te wi ll provide liaison wi ';h the Local Agency
through the State "s Regi on 6 Transportation Director,
2000 So uth Holly Street, Denver, Colorado 80222 . Said
Transportation Director wi ll also be responsible .for
coordinating t he Stat e 's activities under this contract .
Said Director or h is designee wi ll also issue a "Notice
to Proceed" to the Local Agen c y for commencement of the
work.
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B. The State will administer the Local Agency and
~ederal-aid funda for this project in accordance with the
following provisions.
l. 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 author ·.zat.ion for the projsct will not
be charged to the project .
2 . Costs incurred by ~-~~
The State will prepare monthly estimates of i ncurred
cost s ~elative to the project. The State's monthl y
billi n . s for the Local Ag,incy share will be based on
actual costs. As funds are expended du ,ing the
c,.,,,rse ..,f the work, the State wi ll bill the Local
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-xper.ditu res . Upon c c.n pletion of the uork t o be
performed under this contract and acceptance thereof
by th~ State, FHWA and the Local Agency; the State •
wi;l submit a final recapitulation of the project
cos t s to the Local Agency anr. a fina l b illing for
the balance due of its share of participating costs
p lus a ll non -participating costs.
c. The State will review construction plans, special
provisions and estimates and will cause the Local Age ncy
to make those changes necessary to assure comp liance with
State and FHWA requirements. The Loc a l Agency w~l l
afford the State 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 incorporated herein by this reference.
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• D. In the event a l l or p&rt of the construction work is to
be contracted, the State will establish appropriate
.1isadvantaged Business -::nterprise (DBE ) goals tor the
c,onstruction contract (s) &nd the St&te in conjunction
wi ~h t:he Local Agency will. advertise the call for bids ,
and upon concurrence by the Local Agency, award the
construction c ontract(s) to the lowest responsible
bidder(s).
E. The State will perform a fina l project inspection prio r
to project acceptance as a Quality Control activi ty .
When al l project work has been satisf actorily complet ed,
the State will sign the FHWA form l446C .
I I . J..ocAL AGENCY COHMITME NT S
A. The Local A-1ency will provi de:
l . Complet i on o f the work i n accordance wi.th the
project applicati on as appr oved by the St.ate . All
plans produc e d sha l l be stamped by a Color a do
Reg i stered Pro fe ssional Eng i neer .
2 . Design work s heets used in de s i~ning of t he pro ject.
3 . Construction supervision by a Colorado Registered
Professional Engineer.
B. The Local Ag e ncy wi ll be responsib l e for the plans be ing
a c curate and complete .
C. The Loca l Agency wi ll comply with the a ppli cable
provisions of t he Stat e 's approved Act ion Plan. i nc luding
a ll Fede ral di rective s contained therein by reference.
D. Th e Lo ca l Agency may enter into a contract with a
c ons u l t a nt to do a l l or any port ion of the propo&ed
prelimina ry engineering and pt·eparation of construct i on
p l ans. I n the event t hat Fe de r al-aid funds provided
.herein are to partici pate in the cost of work t o be done
by a consu l tant, the c ontract shall comply with t he
requirements o f Federal Aid Poli c y Gt•ide (FAP G), Title
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23, r;b&ptl!r I, Sub-cb&pter B, Part l n , AdllLi.nistrat.ion of
En ,1i n.,ering "nd Design P.e.'. 1ted Service contracts. l'he
contract wi th the co-csul.taut ~hall be preceded by an
ac ... ,,•-11.bh proposal 11r.d may not be executed or awarded
J ntil the selection of ~he ~ons ult~nt and terms of the
c, ntract shall have beet 1,:i;;,.~•Jved by the State and the
Fejeral Highway Administration (FIIWA). All changes in
th11 contract shall be by written suppl811\ental agreement
anc must have prior appr ~val of the State and FHWA . As
soon as the contract with the consultant bas been
awarded, one copy o f the e,r.ecut,.d contract shall be
submitted to tha State . At1y ~~pplemental agreements
shal l be similarly submitted. Any consultant billings
shall comply with the State 's standacdized consult~nt
billing format . Examples of the billing formats for the
various methods of contract payment ar~ attached hereto
and made a part hereof .
E. The Local Agency wi ll be reoponsible to perform
acquioition and relocation assistan~e for the pro j ect, as
required by Section 24-56-101 , et seq .. C.R.S. However,
if the State determines that such perfon,ance by the
Local Agency will jeopardize e r is jeopardizing
d i stribu~ion of f~dera l assistance funas, or that act ion
by t he State is necessary to comply wit.h fe d era l policy
or procedures, then the State, in it s a :'.scretion, 01ay
perform the acquisition and relocation ass ist~nce i t self
or may su1 e::visP. and direct the Local Agency in the
perfo rmance of such acqui sition and ass istance . .Prior to
taking ouch ,,cti on , the State will provide written not .i c e
to the Local A1e1;cy of t he basis of such determir,atio n or
action and will meet with the Local Agency to discuss
possible remedial measures . Prior to thi s project being
adver tised f ~= bids, the Local Agency will cert ify in
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vritin~ ~o tbe State that all right of vay has b•en
acquired in accordance with the applicable State and
Fed•ral regulations, or that no additional right of way
is required.
The Local Agency shall comply with applicable federal
requirements in its performance of the work with federal
funds •mder this contract. Such requirements include
Title 49, Coda of Federal Regulations, Part 18 ("The
Common Grant Rule"), specifically including without
limitation: 49 c .r.R. 18.36 regarding procurement; 49
C.F.R. 18.31 regarding real property acquisition; and 49
C.F.R. 18.32 regarding equipment acquisition.
F. The Local Agency will be responsible for obtaining the
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proper clearance or approval from any utility company
which may become involved in chis project, by separate
agreement between the ~ocal Agency and the utility, if
necessary . Prior to this project being advertised for
bids, the Lccal Agency will certify in writing to the
State th2.t all such clearances have been obtained .
In the P.Vent the project involves modification o f a
railroad coro1pany' s facilities at a railroad grade
crossing whereby the work is to be accomplished by
railroad company forces, the Local Agency shall make
application to the Public Utilities Comrnisaion request i ng
its order providing for the installation of the proposed
improvements . The Local Agency shall also establish
contact with the railroad company involved fo . the
purpose of:
l. Exe cuting an agreement setting out what work is to
be accomplished and the loc~tion{s) thereof , and
that the costs of the improvement shall be eligible
for Federal participation .
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2 . Obtaining the railr0&d's detailed estimate of t~e
cost of the vork .
3 . Establishing fut u re maintenance responsibil i t ies for
the proposed installati~n .
4 . Prescribing fu ture use or dispositions o f t he
proposed improvements in t he event of abandonment or
elimination o f the grade crossing.
5 . Establishing future repair and /or replacement
responsibilities in the event of accidental
des truction or damage to the installation .
B. The Local Agency vill provide final assembly of
const ruction plans, special provisions, estimate s and
contract documents.
I . In the e vent the Local Agency has engaged a consultant
for the des ign of a maj or structure, the Local
Agency/cons ulta nt contract shall contain the follow ing:
l. Upon adv ertisement f or the project for construction,
the consv ltant shall make available services as
requested by the State to assist the State in t h e
evaluation of construction and the resolution of
construction prob lems that may arise du ring the
construct i on of the project.
2. The consultant shal l review the co nstruction
contractor's shop drawings for con f ormance wit h the
contract d o cuments and comp li ance with t h e
provisions o f the St ate's publication, "Standard
Speci fic ations for Road and Bridge Co nstruction", in
connection with t~'l.is work .
J. The Local Agen~y has the option to accept or re ject the
propo sal of the low bidder for wo rk on wh ich competitive
bids have been rece i ved . The Local Agency must d e c l a re
t he a c ceptance or re jection at the award conference or
within 3 working days a ft er said bids are publicly
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opened, vllic.hever occun later. If the bid i s rejected,
costs inc~rred by the State in project development will
not be eli,;ibl• for partici~tion by the FHWA and must be
reimbursed to the State by the Local Agency . Following
award of the construction contract(s), no further
revisions ir, design data or cost estimate shall be made
except by a ,;reement in writing between the parties. By
indicating .Lts concurrence in such award at the award
conference, the Local Agency acting by or through its
duly author.Lzed representatives, agrees to provide
additional funds if required to complete the work under
this projec,t it no additional Federal-aid fu nds will be
made available for the project . The total amount of such
additiona., required funds will be determined at the time
of final billing as provided in Paragraph I .B.2. above.
K. The Local shall be responsib l e for administration of all
aspects of the construction of the project. The Local
Agency shall appoint a qualified professional eng ineer,
liceu sed in the State of Color.ado, as the Local Agency
Project Engineer (LAPE). Such administration st.all
consist of project inspection and testing; approving
sources of materials; performing required plant and shop
.i.nspections; 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 /Sta te stewardship program.
L. The LAPE shal l adninister the project in accordance with
this agreement, the requirement s of the construction
contract, and Stat:e procedures . The LAPE may be an
empl oyee of the Lccal Agency or a consul tant. In such
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event, notwithstanding Section 12-25-103, c .R.S., as
U1ended, the LAPE shall be in ruponsibl o charge of the
construction of the project as provided in Section
12-25-102, C.R.S. as amended.
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 s tandard policies,
procedures, and standardized bill ~ng 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 maint ain all books, documents,
papers. accounting records and other evidence pertaining
t c c o sts incurred and to make such materials available
for inspection at all reasonable t imes during the
contract period and for 3 years fro,., the date of final
p «yment to th~ Local Agenc y . Copi es of such records
shdll be furnished by the Local Agency if requeste d .
O. The Local Agency wi ll maintain and operate the
improvements constructed under this contract, at its own
cost and e xpen se during their useful life , in a manner
satisfactory to the State and FHWA, and will make ample
provision for such maintenance each year. Such
maintenan c e and operations shall be in acco r dan c e wit h
all applicable statutes and ordinances, and regulations
promulgated thereunder, which define the Loca l Agen c y's
obligation to maintain such improvements. The State a nd
FHWA wil l make periodic inspections of the projec t t o
v e r i fy that such improvements are being adequate l y
maintained.
P . The Local Agency represents and warr?..i ts that it ha s
take n all actions that are necessary or required by
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internal procedures and bylaws, and applicable law, t o
properly authorize the undersigned signatory for the
Local Agency to lawfully execute this contract on behalf
o f the Local ftgency and to bind the Local Agency to its
terms.
III. GENERAL PROVISIONS
A. The Local Agency has estimated the t o tal co~, of the work t o
be S442,543.00 which is to be funded as follows:
a . Federal parti cipating funds
(80\ of S44 2 ,543.00)
b . Lo cal Ag e ncy parti-
c ipating funds
(20% of S442,54 3.00)
Tot a l Funds
S338,034.00
S84,50 9.00
S44 2 ,54 3 .00
B. The matching ra tio for thi s Federal-aid proj ect is 8 0%
Federal -a i d f unds t o 20% Lo c al Agency funds, it being
u nde r stood t hat such ra t io a p p lies only to such c os ts as are
eligible f o r Federal participation, it being f ur t he r
unders t ood that a l l non-part i c i p a t i ng costs are bor n e by
t he Local Ag ency at 100%. Th e p erformance o f the work
s ha ll b e a c no c os t t o the State. If the t ota l act u a l
c ost o f per:orm a nc e of t he wo r k exceeds $4 42,5 43.00, and
a ddi t ional F~dera l f un ds are mad e available f or the
p roject , the Lo cal Agency s hall p a y 2 0% Ol a l l such c~sts
eligibl e fo r Federal pa r t icipation a nd 100% of a ll
n on -pa rticipat i ng cos t s . If t h e t o ta l a ctual co s t of
performa nce of the wo r k is le s s t han $4 42 ,543.00 , the~
t he amounts of Lo c a l Age ncy and Fede r al -aid funds will be
decreased in a ccordance with the fundi ng ra t io described
her e in .
c . T~e maximum amount pa ya ble to the Lo c al Ag e ncy under this
contr a ct shall be S49 ,010 .00 unle s s s uc h a mount is inc rea sed b y a
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written suppl emental contract .
Upon recaipt of each bill from the State, the Local
Agency will ramit 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 witnhold an equal 1'l!IOunt from future
apportionments due the Local Agenc:, froru the Highwa}
Users Ta x 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
(40 'J).
E. Up on execution of this contract the State is authori zed ,
in its discretion, to perform any necessary
administrat i ve support services pursuant to this
contract. These services may be performed prior to a nd
in preparation fc,::: any conditions or r equirements 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 s hall be at no cost co the State but shall be as
provided herein. At the request of the Local Agency, the
State s hall a lso provide other assis tance pursuant to
t hi s contract as may be agreed in writing. In the event
that Federal-aid project funds remain available for
payment, the Local Agency understands and agr•,es the
c osts of any such services and assistance shall b.e pa id
t o the State fr om project funds at the applicable rate.
H•;wP."er, in the e vent that s uch fundi ng is not mad e
avai lable or is withdrawn for this contract, or if t~e
Local Age ncy te:r...:.naces this contract prior to project
approval or comp:etion for any r J ason, then all actual
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incurred coata of auch aervicea and a1aiat1U1ce provided
by the St.ate ahall be the ,ole expan se of th• Local
Agency. The Local Agency !hall pay the State for all
such costs within 30 days of rece i p t of wr i tten noti ce
from the State request i ng same.
F . I t is understood and agreed by the parties hereto that
the total cost of the work stated hereinbefore is the
best estimate available based on th~ design d a ta as
approved a t the time of execution of this contract , and
that such cost is subject to rev isions agreeable to the
parti es prior to bid and award.
G. The p arties hereto agr ee that this contract i• conting ent
upon all funds designat ed fo r the project herein being
made a v ailable from Federal and Lo cal Age ncy sources.
Sho•;ld these so urce s, either Federal or Local Agency,
fa il t o p.~vide necessary f unds as agre ed upon he rein,
the contract ;,ay be terminated by either party. Any
party terminat ing its interest and obligations here i n
shal l not be re lieved of any f inancial obligations which
existed prior t o the effec t i ve date of such termination
or which may occur as a result of .such termination .
H. Notwithstanding anJ consents or approval• g iven by the
State for said p l an s , the State wi l l n ot be liaule or
responsible in any ma nne r f o r the structural de sign,
detail s or construction of a n y ma j or structures that are
d es igned withi n the work of this contract .
I. In the eve nt that all or part of the work i s to b e
accompli s hed by force account rather t han contract a s
specified in paragraph I .D. hereinabove , the Local Age ncy
will insure that a ll wo rk is accomplished in ac co rdance
wi th t he pertinent Stat e s peci fications as well as FAP G,
Titl e 23, ~hapter I, Sub-chapter B, Part 635 , Sub-part B,
Force Account Con s truction. Work wi l l normally be based
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upon estimated quantities and tirm unit prices agreed to
between the Local Agency , the State and the FBWA in
advance of the work, as ptovided for in FAPG, Tit l e 23 ,
Chapter I, Sub-chapter B, Part 635, Sub-part B, Section
635.204(c). Such agreed unit prices shall const itute a
c ommitment as to the va l ue o f the work to be performed.
It may be agreed to participate in the work based on
actual costs of labor, equipm ent rental , materials
suppl i es and s uperv ision necessary to complete the w~rk.
Where actua l co sts are used, eligibility of cost items
shall be eval uated for compliance with Federal
Procurement Re gulations Part 1-15 . Renta l rates f o r
pub licly owned equipme nt wi ll be det ermine d in a ccordance
with Section 10 9.04 of the State's "Standard
Specificat ions for Road and Bridge Con struction". All
force accOUI'.t wor k shall have prior approval o f the FHWA
and shall not be initiated until the Seate has issue~ a
wri tten notice to proce ed. The Local Age ncy s h al l,
dur i ng all phases of the work, permit duly au t ho r ized
agents and employee s of the Stat e and the FHWA t o inspect
the pro j ect a nd to inspect , review and a udit the project
record:i.
J. The State s hall have the a utho rity to s uspend t he work
wholly or in part, by giving written notice the re of to
the Local Agency, due to the fa ilure of the Local Age ncy
or its construction contractor to correct Project
conditions which are unsafe for the workmen or for the
traveling p ublic, or for failure to ca rry out provisions
of this contract or the construction contra ct, or for
such period s a s th2 State may d eem neces sary due to
unsuitable weather, or for conditions consi dered
unsuitable for the prosecution of the work, or for a ny
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other ~ondition or reason deemed by the State to be in
the p ublic interest .
The term of this contract, except for the provision s
regarding maintenance , shall continue through the
comp l etion and f J.nal acceptance of this project by the
State, FHWA and Local Agency . The covenants with regard
to maintenanc~ of the improvements constructed under this
contract sh~ll remain in effect in perpetuity or until
such time as the Local Agency is, by law or otherwise ,
relieved of such respcnsibility.
L . During the performance of all work under this contract ,
the parties hereto agree to comp ly with Title VI , of the
Civil Right s Act of 1964, the salient points of wh i ch are
shown in the Non-Discrimination Provisions attached
hereto and made a pan: h ereo f .
M. The Special Provisio n~, the Nondiscrimination Pr ovisions,
Appendix B, Eng ineering Services Section 107, Attachment
LO and 49 C.F.R . Pan: 18 are incorporated into the terms
and conditions of this c ontract by this refere nce. In
the event of a con flict between C.F.R. 49 and the
provisions of this contract, C .F .R. 49 shal l control to
the extent of such c onfl ict .
N. This contract sha~l inure to the bene fi t of and be
binding up o n the parties, their successor s, and assigns.
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IN WITNESS WHEREOF, th• parti•a her•to have •xecut•d this
contract the day and year f i rst above written.
ATTEST:
By=~---~---Chief Clerk
CLIFFORD W. HALL
State Cont roller
By---------
AT TEST:
By
Title
STATE OF COLORADO
ROY ROHER, GOVERNOR
By
Executive Director
DEPARTMENT OF TRANSPORTATION
APPROVED :
GALE A. NORTON
At~or3 ey General
By~-----------BARRY B. RYAN
Ass i stant Attorney General
Civil Litigation Sec tion
CITY Y.! ENGLEWOOD , COLORAD O
By
Ti tle
Fede r al Emplo:•er Identification
Numb er ----
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SPECIAL PROVISIONS
CONTltOLLtl'S 4PPIOV4L
• 1. Tliil cau.rt '111Jl 110t IN .. ..,..4 val'4 •til it WII M¥C IN-•.,,.. ... "1 tM CmtroUu oldN $&aca elC......• tKII ----• Ille ••J,m,.._. TWa
'""''"""' It .,.,i.uttlc , • .,.~ c•ltM:t 1,..,.., ... , llw p1 )'1MfU of ltlllM;,r .. ,. Ille Sule.
•
FtJND 4VAJLAIILITY
l . f'iaaftaM Ml1111iet1t of th S111, ., Colen4o ,,,,1r1 1, ahlf IM""'"' lit-ell yur 1ft Cftti11p111 .,.. , ..... ro, talt p11,potc N1.11 .,,ro~lltd, 1Nd1e1tc1.
u,ii OIMtwuc ffl ldl "''ll1bl1
IOND ltQ\TIIEMENT
l . If 1lrli1 c•u·w1 , ... , ....... ;111MIII .r Nft 111111 Ohy IIIOIIIIN dollm ro, tlltt (Oftllr«\NIII, cncetN. tl'plir. •i111..a. • ia,ro,.,mr,11 or lft)' ... IWi11 1,
Nllid. _ ... , •. ,., ... ca. 111011. UCOlhOft Of odM"f fhlbllC •Of\. few 11111. Sltlt , IM NfllrlCIOf ... ,. r.tfon uteri•·.,.. Ille ,afonaaaa., any .. , .. WOflt iKl-4
ill l~U c•1ract. d11l y .... ,, 1114 de.l l w:r 10 IM S1111: olfic.1 11 -tie •1II ,1,. , .... CMltlCt, ..... -111tnciidl ...... ..,, ~ ••rely 10 Ilic •"'9""1• .. ,
utdofflcl1l i11 a pual ,.,.,. •1 lu11U11..,..,lrl,Uoflllt 1e11I ... o. .. ,.y,lrllc "1 die MnM ollllilcNtf'Kt. S•• ...,...,, .__,,..,...led by 1q-.aliflff ~
..... ,, coftff 1•J.-cd 11pon LIie r,uJlt.l ,-nona.-cc of tlM COftltK I 1M ,. Nd11;.. lull pt'O¥idc tJll1 if lk COMr'K-W •u •koaDKIWS fail bl.,,,., fw .. ,
'-'ot. ffltltri1l1 . 1111ft hire . iutuuc,. ,,.."ii-,. ,ro•tndOt'., Otkt ••~•• WIN 0/f conwad t.7 1.clil c•lf'KtW• Iii•~ i• ,-r{onaun of11M: wort
('Ofll!Klcd 10 tot' done o, fJ,I~ 10 P•~ '"\ :,rt-•Ml •111pphcs rtntal sxlluw:,]". 10011. 0, cq11ip1M"1U i• lhc JlrOMC•tiN of lJM: wotl tJK "'"'!" will pa y dll 11-fflC ia
-~JI\ not u ccco,ns t ll,c "''"' i p,r c ,ton: ,. llilc t-11td. '"'fCllilC'I .. ,u, UIIUUI JI .... ,.,, of c11ll1 pct Cl'fll ,., ...... Ualcu ••• botl4 II c1r-c.1ed. dcl, .. ,rcd and
Ried. N claae i• f1•or of t1M C'O■ll'KIOI' ,ntia1 •ltdcr IVCII COflll'Kt tlrltll bit 1"411&4. a11o..,; or paid. A ctttir--4 or cu.Jue,·. dreck or I .... k IDOMY enk, ptyablt
• tM T,a_..., o1 LM Swc ol ,.,.. .. , bit ,ccc,u.d Ill hn oft boad.. Tim ,,. .. ,UOII lS ia c~ wia QS Jl-2~106.
INDEMNmCATIO~
•• To LIM UWII ••thorittd 1,y la•. dw ceaUU1or W II I~. uvc.. U, llloW •---.n ta... $&11&, in.....,_ 8"1 .... ._ api.a.u •Y .., all claim. --.aa:a. liability ud «Nin awlnb iact..iaa cesu. cspeau.. M4I •'°""f fea i•lffYN • • ,-u, .t •1 •• • er..a.oe Ill)' lM c..ux1or. • iu cap&o)'lft. ,,..11. akolllra<1on,,, ot us11-,.,_ .. • lirlc tenl\.l of 1~1 c•crac:L
DISCIIMlll4TION 4ND 4FTIIM4TTVE 4CTION
,. n. coa"WCIS..,.. .. ~"1 .._ .. .._. w1 lfiftl., .. c...... w.iiHtert • Act., am.•.......__...., ..,,icaWic 1,. rupcaiq ~_,•fair..,..,_ pnmca (OS l'-"J,6.,,IOl). _. • ,..__. '7 Euacift 0-., .... Opp,anlllity _. AflinutM Acriaa. ..._. April 16.
1m.,.,, ...... rn•.•t~••~.._,.,~ .. .r1s-,.,ca1N<U.,.~.
Da:rill.1 Ulic pcrfonuaca al dais coana. tile CONIK'lor tpNS as h.wws:
<•> n.. C:oelnC'tOr will DOI dbcri ■iuN •aaiut uy aaplo,-or .,,Uc:u1 for cap6o,_..,. ---el na. c:rNd. alor. Ulioaal oriai•. su.
aarita.l natu.,aipa.-=-, .... ar,..,.._.---., ..... lllcc:aaC11arwii.Wllt...__..._ ....... awilicaa .. -..,,..S,. .. dm
c:mp6o,a:slftftllllddmiac:mployamL,...._,....,., ..... ___.~~--■1lillllilll:::WLNl-talilllilillld11>6c~
mrpJo,maa .,.,..._IXIIIOQOft.1.·0'adcr.,.,......ar..,,....~J:IJ-oftl •......._ raaol,-7 • .._.._olma,amdoe *
,diction for craiainJ. inchufiq ~ n. ciwanc,or llf'CCS to poll i• COftlpAOIII pa.:a. ....a.wt to anplorea .. lllplic:am ror aaplo,-oc.
aoliccs to be f"OTided b!" mitcoanctiaa officer ..... lionb pl'M'isioaa ol1-~ due&.
(bJ Tht: conttxun will. in all solinu1iom or Mh-atiKll'IISS ror employees placed by or on bdulf of the aarncror. IDie tMI aJJ qulif'ie( a,ptic:aDtt will
ncerte cmsidcn.lioa form1ptoymen1 wnt:lou1 Rlant 10 race. Cfttd. C"OI«. aide.al oriSiD.JU, ..;uJ--. rdipoll.acau,. -..al or~ llaaictiiaJ,.
or•1~
(c) Tbt CClll:fklot will send io cacti Labot .,uon Of rq,T\"Saltauvc or -.orttn •Rb wbtCh ht * • coUeah·1: barpillin1 ..,.-mcnt or ocbcr contne1 OJ
ondcntanch111. 11011cc 10 be Pf'O"ided b]" dllC con1i,c11ns omcu . ad\·111111 the labor union or wortc:n · rqirac:nw1vc olthc: Cmtnr:t:Of0s com■it l'l'ltn1 andc:r the
U«:ut1vc Order. Equal Op-ponu nu~ and Affimanve Ac11on . daied Apnl 16. 19 75. uw5 o( 1hc rala. ,q\llaMIIU. ..t n:....-..l Ordcn or the Qovanor.
(d ) The contn.c1 or and lsbof un1on1 will fum 11h all 1nrorma1 ion and ttpom requin:d h!" Exc:cuuVi: Ordtr. Equal Oppomauiry ad Affirm.alive Action or April
16. 1975. and by tht n,la. rc1uta11ons ud ()r,Jcn, of tht Go,.,,crno r. or t:111'114nl thtre10. and will permit acccu 10 bis boob. NCCrds. and xtounts by 1hc
contrw:1in1 tiJt"ncy 111d the: office of lbc Governor o, hu dtllf"C'C fo, v~ of in•csup1ion 10 uccnain compliutt wiUI siach nik1. rq\llauorn and ordcfl.
(C) A labnr orpntUIIOn wil l MM ucl udc ,,,~ 1nd1 ¥1d11 1I O(hc:rw llC :aiuliftcd from fu ll mcmbcnhip npls Uf AliCb labor~oropcl an y ,uch 1ndi\llduti.l
fT'l'ffl mcmbcnh1p ,n iucri !Abar 01J&t1 1u11or1 or Clocr1m1na1c a11 1MI an y of 1u manbtn in 1hc full C"nJOJ'fflCnl or woct opponwtitJ' because of net. creed. color •
.ca , na 1ional 0~1 •n . or ;1ricc11r y
tn A labor or1&111u 11on. or 1hc tmOk>!'C"CS o, mcmbtn L'lc~ •1111101 »d. 1bt1. i ncite. «ln'lpCI or cotrtt the doin1 ol tn!' act defined 1n this cor1tnet 10 be
d11enm1n,1ory or obstruct o r prc•·cn1 anv prrson from compl~n, with the pro•111on1 of1ll i1 c:onirx:1 Of an y order 1uYCd the~ or anempt. cilhct dirte!ly
or 1nd1 rcc:1l!'. 10 t omm n an~ tit 1 IJC'fi N'"d ,n thn c-on 1Dct 10 oc ducnm1nat~
Form i>,1,( • .>JII
lh·,,,w:Cl l /Q)
Jt5.SJ.01 -1,1:
of _;__ p1r:•
APRIL 1980
Nondisaimination Provisions:
In compliance with Title VJ of the Civil Rights Act of 1964 and with Section 162(a) of the
Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors
in interest, agree as follows:
A. Compliance with Regulations. The Contractor will comply with the Regulations
of the Deputment of Transportation relative to nondiscrimination in Federally
assisted programs of the Departm~t of Transportation (Title 49, Code of Federal
Regulations, Part 21, hereinafter referred to as the "Regulationsj, which are herein
incorporated by reference and made a part of this rontract.
B. Nondiscrimination. The Contractor, with regard to the work performed by it after
awad and prior to completion of the contract work, will not discriminate on the
groW'ld of race, color, sex, mental or physical handicap or national origin in the
selection and retention of Subrontractors, including procurement of materials and
leases o f equipment. TI,e Contractor will not participate either directl y or
indirectly in the discrimiuation prohibited by Section 21.5 of the Regulations,
including employment practices when the contr~ct covers a ;,rogram set forth in
Appendix C of the Regulations.
C.
D .
Solicitations for Subcontracts. Including Procurement of Materials md Equipment.
In all solicitations either by competitive bidding or negotiation made by the
Contractor for work to be performed W'lder a subcontract, including procurement
of materials or equipment, each potential Subcontractor or supplier shall be
notified by the Contractor (!f the Contractor's obligations W'lder this contract and
the Regulations relative to nondiscrimination on the ground of race, color, se x,
metal or physical handicap or national origin.
Information and Reports. The Contractor will provide all information and re ports
required by the Regulations, or orders and instructions issued pursuant thereto
and will permit access to its books, records, accounts, other sources of informahon
and its facil ities as ma y be determined b y the State or the FHVJ A to be pertinent
to ascertain coMpliance with such Regulations, orders and instructions. Where
any informatioll required of the Contractor is in the exclusiv e possession of
another w ho fails or refuse.; to furnish this information, the Contractor shall so
certify to the State, or the FHW A as appropriate and shall set forth what efforts
have been made to obtain the info rma tion.
pa ge 1 o f 2 pages
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UtDDIX a
DI~ aosnua D'l'DtllID (DID)
SECTION l.
It is the policy of the Colorado Department of Transporta tion that
disadvantagad business enterprises as defined in 49 CFR Pari: 23
shall have the max i mum opportunity to participat • in the
performance of contracts financed in whole or in part with 1'ederal
funds under this agreU1ent . Consequently, the DBE requirema,1ts of
49 CFR Part 23 apply to this agreement.
SEC TION 2 . DBE Ohlirzat;.ign._
The recipient or its contractor agrees to ensure that disadvantaged
bus ;_ne ss entarpri:ies as defined in 49 CFR Part 23 have the maximum
opportunity to participate in the performance of contracts and
subcontracts financed in who le or in part with Federal funds
provided under this agreement . In this regard all recipients or
contract ors shall take all necessary and reasonable ateps in
acco rdance with 49 CFR Part 23 to ensure that disadvantaged
business enterprises have the aaximlllll opportunity to compete for
and p,1trform contracts. Recipients ~~d their contractors shall not
discriminate on the basis of race, color, national origin, or sax
in the award and performance of COOT assisted contracts .
SECTION 3. DBE Prosru
The contr~ctor. (suhrecipient) shall be responsible for obtaining
th~ Di sadv~~taged Business l!.nterprise Program of the Colorado
Departmen•c 1c f Transportation, 1988, as amended, nnd shall comply
vith the applicable provisions of the program.
A copy of the DBE Program is available from:
Staff Construction Engineer
Colorado Department of Transportation
4201 East Arkansas Avenue, Room 2 .
Denve r CO 80222-3400
Phone : (303)75 7-9231
and v il l be mailed t o the con tractor upon request .
A'ITACHMENI' LO
Certification for federaJ..Aid Cont.-acts
"i,.
'.\::" !:: contractor _certifies, by_ signing this contract, to . the best of its bow ledge and ~~!ief,: > {ii
-.· ·, -. . .• ... _;):;• .. =:~t,
(1) No Fe~eral appropriated fund!! have ~ paid or will be paid, by or on behalf or · . , ''ai.'\1 ',
the undersigned, to any person for influencing or attempting to influence an officer or . · ~ ·~:
employee of any Federal agency, a Member of Congress, an officer or employee of · ,· ·
Congress, or an employee of a Member ol Con~-ess in connection with the awarding of
any Federal loan. the entering into ol any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification d any Federal contract, grant. loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have be;m paid or will be paid
to any person for influencing or a·rtempting to influence an officer or of Congress, or zn
employee of a Member of Congres:: in connection with this Federal contract, grant, lo;.n,
or coJ peralive agreement, the Wtdersigned shall complete and submit ~,dard
Form-LLL, "Disclosure Form to Report Lobbying,• in accordance with its instructions.
This certificat •.on is a material representation ol fact upon which reliance was placed ..•
when this transaction was made or entered into. Submission of this certification is a
prerequ.i.site ,,.,, making or entering into this transaction imposed by Section 1352, Title
31, U .S . Code. Any person who fails to file the required certification shall be rubject to
a civil J"!nalty of not less than $10,000 and not more than $100,000 for each sudl failure.
The pros~ve participant also agree by submitting his or her bid or proposal that he
or she shall require that the langmge of this certification be included in all lower tier
su!Jcontracts, which exceed $100,000 and that all such subrecipients shall certify and
disclose accordingly.
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The attached 19SOlution must contain the fo llowing :
A. The local agency's percent (%) contributlon of the total estimated
dollar amount
B. Authori •:·Jd signatory .
C. Local Agency's approval of the contract .
D. The resolution must not contain language that conflicts with the
provisions of the contract.
LOCAL AGENCY
RESOLUTION OR ORDINANCE
TO BE ATTACHED TO
EXECUTORV COPIES
Date
February 20 , 1996
INITIATED BY
COUNCIL COIIDIUNICATION
Agenda !tam
ll ai
lubject Contract with COOT tor
Construction of Dartmouth Bike
Trail Projec:11
Departme nt of Public Wol1<s I STAFF SOURCE
Char1es Esterly , Diredcr of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ord inance Numbers 16, 19 , and 20, series of 19!M, approved coatracts with COOT for the coat of design services
of the Danmouth Bike Trail through Cushing Park, Belleview Avenue sidewalks, lilnd Broadway sidewalks . COOT
has consolidated these into one construction project entitled Dartmoulh Bike Trail Projects.
RECOMMENDED ACTION
Stall recommends Council approval for • bill for an ordinance approving a contract with the Colorado Department
of Tran\pollation (COOT) to participate in the cost of construction and con1tructioo engineering for the Dartmouth
Bike Trai l projects .
BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Oa nmouth Bike Trail projects , approved by the Denver Regional Council of Govl!mll'II' ts (DRCOG) for
fund in g through the lntermodal Surface Transporta tion Efficiency Act (ISTEA), consist of construction of a bike trail
through Cush ing park. sidewalks along the east side of Broadway from Belleview Avenue south 10 the Englewood
City limits, and sidewalks in Englewood along Belleview Avenue fror,, Vvlndermere Street 10 Clarkson Street (Due
to phys ical limitations , no sidewalk can be constructed from approximately 125 I.I. west of Shennan Street to
Loga n Street on the North side of Belleview .) Council previously approved contracts with COOT 10 participat e in
the cost of des ign services for these projects . Project design was completed in November of 1995 .
Construction of these projects is scheduled to begin April 1, 1996.
FINANCIAL IMPACT
Six sealed bids were received by COOT on Novembe r 16 , 1995. The Bid Tabulation is as follows :
Luna Construction
KECI
Concrete Works of Colorado
New Design Construction
Good land Construction
F asik Concrete
$281,743.00
SJCM ,798 50
$333 ,835 .00
$356 ,906.00
$419,757 .10
Rejected
Luna Construct ion Company was the low Jidder and awarded the construction contract by COOT . The bid
proposa l was rev iewed by Englewood Staff and is acceptab le
Council appropriated construction funda In the 11115 PIF In the amount oU108,:'70 forthla project Eltlmatld oo.t
lor Engiewood'a 20% match p1ua • 20% contingancy 111C11a S101 ,410 .
Estimated to1al coat of o:>nalructlon
Federal Contribution through COOT (80% of $442 ,543)
Englewood '• 20% Malet, (20% of $442 ,543)
Engineering/Admin . 20% Contine,tncy
Tolal E1llm1tld City Contribution
UST OF ATTACHMENTS
Contract with COOT
$442 ,543
$338 ,034
S 84 ,509
LIUQ1
S101,A10
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