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Home My WebLink About750770.tiff '^ r • RESOLUTION WHEREAS, the State Department of Highways, Division of Highways - State of Colorado, has submitted an Agreement/Exhibit A, pursuant to and under authority of law and providing for allocation of Federal Funds to Weld County and pursuant to Title II of public law 93-87 U.S. C. commonly called "Highway Safety Act of 1973", a copy of which is attached hereto and made a part hereof by reference, and WHEREAS, after careful review and consideration of the Agreement, the Board believes it to be in the best interest of the County to accept the same. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that the Agreement as submitted by the State Department of Highways, Division of Highways - State of Colorado, relative to Safer Roads Demonstration projects, all as referenced thereto in said Agreement, be, and the same is hereby approved and accepted for sig- nature by the Board. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of June, A. D,, 1975. BOARD OF COUNTY COMMISSIONERS WELDD COUNTY, COLORADO c� /C ee uer¢� ATTEST: ��, Weld County Clerk and Recorder and Clerk to the Board Y Deputy County er APPROVED S TO Fes: AWL my Atto l f rrfey 750770 L ' sR4--ioos (A1) /VC 7s-- -4/6 tarts taunts tw WeldCon? SOH 75- 2SL STATE DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS - STATE OF COLORADO AGREEMENT WITH et SSW SAFER ROADS DEMONSTRATION PROJECT THIS AGREEMENT, Entered into this MIA day of done 197! , by and between the STATE DEPARTMENT OF HIGHWAYS , DIVISION OF HIGHWAYS - STATE OF COLORADO, hereinafter referred to as the "Division, " and the (County) (4 of WM , COLORADO, hereinafter referred to as the "Local Agency, " WITNESSETH: that WHEREAS , this Agreement is executed by the Division under authority of Chapter 43-1-106 and 43-2-144 , CRS 1973 , as amended and by the Local Agency, working through and under authority vested in its duly elected (County Commissioners) (City Council) ; and WHEREAS, pursuant to Title II of Public Law 93-87 , United States Code commonly called "Highway Safety Act of 1973 , " certain Federal Funds have been, and will in the future be , allocated for the improvement of certain public highways which are not on any Federal-Aid or State Highway System, such program being hereinafter referred to as the Safer Roads Demonstration Program (SRS) ; and WHEREAS , the costs of the selected SRS projects will be borne by the Federal Highway Administration (FHWA) and the Local Agency at the rate of 90% and 10% respectively, at no cost to the Division; and WHEREAS, SRS projects are selected by the Local Agency, with representation by the Transportation Committee of Colorado Counties Incorporated and the Colorado Municipal League, with the con- currence of the Division and the FHWA. NOW, THEREFORE, in consideration of the mutual covenants set forth hereinafter and the faithful performance thereof, the • y Division and the Local Agency do hereby covenant and agree as follows : ARTICLE I AGREEMENTS ON THE PART OF THE LOCAL AGENCY SECTION 1. The Local Agency shall submit Plans any. Speci- fications for Safer Roads Demonstration Projects to the Division ' s District Engineer, supplying sufficient details for individual Safety Improvement projects to be programmed. Such detailed information shall include the location and description of the proposed improvement and a declaration of intent which specifies whether the work is to be accomplished by Force Account, using Local Agency forces, or by Contract. In all cases, the work shall be accomplished in accordance with the approved PS&E re- view conclusions. A. In the event the work is to be accomplished by Force Account, the Local Agency shall insure that all work is accomplished in accordance with the pertinent Division Spec- ifications as well as Federal-Aid Highway Program Manual , Volume 6, Chapter 4 , Section 1, Subsection 14 "Contract and Force Account" . B. In the event the work is to be accomplished by Contract, the Division will provide de- sign assistance and support services to the extent requested and agreed upon by the Local Agency and the Division. The cost of such Design and supportive services provided by the Division shall be paid from the pro- ject funds . SECTION 2 . The Local Agency shall be responsible for monitoring the work, whether it be accomplished with its own forces or by Contract, and for the correctness of billings submitted by the Contractor, if applicable. Such billings shall then be submitted to the Division for payment. [2] "� 4! SECTION 3. The Local Agency shall insure that in connection with the performance of the Local Agency' s work under this Agreement, whether by or at its direction, there will not be any discrimination against any employee, or appli- cant for employment, because of race, religion, color, sex, or national origin. This provision will be in compliance with the pertinent sections of the Federal Nondiscrimination Require- ments for work financed under Federal-Aid funds , a copy of which is attached hereto as Exhibit "C" . ARTICLE II AGREEMENTS ON THE PART OF THE DIVISION SECTION 1. The Division shall administer the specified Federal Funds as appropriated and budgeted for accomplishing the improvement work on Safer Roads Demonstration Projects . SECTION 2. The Division shall , at the request of the Local Agency, provide such assistance as may be agreed upon. SECTION 3. The Division ' s District Engineer, District 1V , 'Sam SM. *. 1 , Colorado #0411 will be responsible for coordinating the work under this agreement on the part of the Division. ARTICLE III THE PARTIES AGREE The estimated total expenditure , including both Federal and Local Agency Funds is $ N.000.N . In the event total construction costs exceed the estimated cost, such excess costs shall be borne by the Local Agency. In the event construction costs underrun the estimated cost, the Federal portion of such underrun shall be re-allocated within the framework of the Statewide Safer Roads Demonstration Program as recommended by the Transportation Committee of Colorado Counties Incorporated and the Colorado Municipal League, and as mutually agreed upon by the Division and the FHWA. This Agreement is contingent upon all funds being made avail- able from Federal and Local Agency sources. Should these sources [3] fail to provide the necessary funds this contract may be termi- nated by either party without prejudice or liability to the other party. Financial obligations of the Division under this Agreement payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Construction work performed by or under the supervision of the Local Agency or by contract shall have prior approval of the FHWA, and will be subject to inspection at all times by the Division and the FHWA. This Agreement shall inure to the benefit of and be binding upon the parties, their successors and assigns. This Agreement shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado, or such assistant as he may designate. IN WITNESS WHEREOF, the parties hereto have caused the fore- going agreement to be executed the day and year first above written. STATE OF COLORADO RICHARD D. LAMM GOVERNOR STATE DEP " '..ENT OF HIGHWAYS ATTEST: DIVISION •F IGHW By of Ct CHAS. E. SHUMA Executive Director APPROVED: APPROVED AS TO FORM: DAN S. WHITTEMORE J. D. MACFARLANE UMt. l'CIVI6RL�. P1 l Attorney General f V7�lL By D By r L ON D Assistant Solicitor General TEn S Atto ey (COUNTY MOON) OF WM COLORADO i 254-una-a-c -�l [4] EXHIBIT "C" • E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the non- discrimination provisions of this contract, the Division shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the Con- tractor under the contract until the Contractor complies , and/or; (2) Cancellation, termination or sus- pension of the contract, in whole or in part. F. Governor's Executive Order. The Contractor will take all affirmative actions necessary and appropriate to implement, not only the letter but also the spirit of, the policy of equality of opportunity as enunciated in the Constitution and the laws of the State of Colorado and as construed by the courts to prevent discrimina- tion because of race, creed, color, sex, national origin or ancestry. G. Incorkporation of Provisions. The Contractor will include the provisions of Paragraphs A through G in every subcontract, including pro- curements of materials and leases of equipment, unless exempt by the Regulations , orders , or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the Division or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the Division to enter into such litigation to pro- tect the interests of the State of Colorado and the Division, and, in addition, the Contractor may request FHWA to enter into such litigation to protect the interests of the United States . [2l /4 EXHIBIT "C" Nondiscrimination Provisions : During the performance of this contract, the Local Agency for itself, its assignees and successors in interest (herein- after referred to as the "Contractor" ) , agrees as follows : A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation relative to non- discrimination in Federally-assisted programs of the Department of Transportation (Title 49 , Code of Federal Regulations, Part 21 , hereinafter referred to as the "Regulations" ) , which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination. The Contractor, with regard to the work performed by him after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the se- lection and retention of Subcontractors, in- cluding procurements of materials and leases of equipment. The Contractor will not parti- cipate either directly or indirectly in the discrimination prohibited by Section 21. 5 of the Regulations, including employment practices when the contract covers a pro- gram set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, in- cluding procurements of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Con- tractors ' obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. D. Information and Reports. The Contractor will provide all information and reports required by the Regulations , or orders and instructions issued pursuant thereto, and will permit access to their books , records , accounts , other sources of information, and their facilities as may be determined by the Division or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Con- tractor shall so certify to the Division, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. SRS 000S(41) Various Locations in + ?�, Weld County STATE L _ PARTM ENT OF h GHWAYS CHAS. E. SHUMATE • EXECUTIVE DIRECTOR DOH FILE: 04-31 STATE OF COLORADO DIVISION OF HIGHWAYS DISTRICT 4 E. N. HAASE DWIGHT M. BOWER CHIEF ENGINEER DISTRICT ENGINEER P.O. BOX 850-1420 • 2no ST. • GREELEY, COLORADO 80631 • 1303) 353.1232 July 8, 1975 Pqr L ril kJUL 9 1975 «!J Mr. Richard L. Straub WELD COUNTY County Engineer Engineering Department Weld County P. 0. Box 758 Greeley, Colorado 80631 Dear Mr. Straub: Enclosed is a fully executed copy of the Agreement between the County and the Division of Highways for the Safer Roads Demonstration Program, Section 230, Project SRS 0005(41) , for your file. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER c A. Dan Knight District Coordinator ADK:mm Encl. cc: D. M. Bower-w/copy Agreement W. E. Tucker Peterson-Finch-Crier M. H. Grice-w/copy Agreement SRS 0005(41) • Various Locations in Weld County STATE DEPARTMENT OF HIGHWAYS CHAS. E. SHUMATE • EXECUTIVE DIRECTOR DOH FILE: 04-31 STATE OF COLORADO DIVISION OF HIGHWAYS DISTRICT 4 E. N. HAASE DWIGHT M. BOWER CHIEF ENGINEER DISTRICT ENGINEER P.O. BOX 850-1420 - 2ND ST. • GREELEY, COLORADO 80631 • (303) 353-1232 May 21, 1975 Mr. Richard L. Straub County Engineer County of Weld P. 0. Box 758 Greeley, Colorado 80631 Dear Mr. Straub: Enclosed are four (4) copies of the Agreement between the County and the Division of Highways for the Safer Roads Demon- stration Program, Section 230, Project SRS 000S(41). Please review this Agreement and if acceptable, have all copies signed by the duly elected County Commissioners and re- turn the original and two (2) copies to this office. The fourth copy may be retained by you for your files. Also enclosed is a copy of FHPM 1-7-2, the terms of which must be satisfied prior to Federal approval when the work is to be done by Force Account. You may retain this copy for your files. A fully executed copy of the Agreement will be returned to the County when all of the required signatures have been obtained. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER A. Dan Knight District Coordinator ADK:mm Encls. cc: D. M. Bower W. E. Tucker M. R. Harrison Peterson-Finch-Crier Hello