HomeMy WebLinkAbout880047.tiff RESOLUTION
RE: APPROVE CONTRACT WITH STATE DEPARTMENT OF HIGHWAYS, DIVISION
OF HIGHWAYS, FOR WORK TO BRIDGE 29/62B OVER THE POUDRE RIVER
AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract between
the State Department of Highways, Division of Highways , and Weld
County, for preliminary engineering, right-of-way, utilities and
construction to replace Bridge 29/62B, said project being
identified as BRO 0003 (7) , and
WHEREAS , the terms and conditions are as stated in the
Contract, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after review, the Board deems it advisable to
approve said Contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Contract between
the State Department of Highways, Division of Highways, and Weld
County regarding project BRO 0003 (7) be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Contract.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
January, A.D. , 1988 .
59 n t,'' BOARD OF COUNTY COMMISSIONERS
ATTEST: . '`� e�^-t-:r i % � WE , COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Gene R. Brantner, Chairman
BY: C7 1 C. . Kirby, Pr -Tem
Deputy County Jerk
YtU:i.:nt--
APPROVED A TO FORM: 4ueli n
Go o ��
C
County Attorney
Frank Yamaguchi
880047
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0980V
BRO 0003 (7) ;bi-/
WEST OF GREELEY ltd _Zz'7
AT POUDRE RIVER
(CO. RD. 29) 7R('��' oz yi---
CONTRACT
THIS CONTRACT, made this 8/4 day of fGfey.49 v , 1988 .
by and between the State of Colorado for the use andbenefit of THE
STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS hereinafter
referred to as the State, and COUNTY OF WELD, STATE OF COLORADO.
hereinafter referred to as the contractor or the Local Agency,
WHEREAS, authority exists in the Law and Funds have been
budgeted, appropriated and otherwise made available, and a
sufficient unencumbered balance thereof remains available for
payment in Fund Number 2001, G/L Account Number 52046, Contract
Encumbrance Number 88108; and
WHEREAS, required approval , clearance and coordination has been
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accomplished from and with appropriate agencies; and
WHEREAS, pursuant to The Highway Bridge Replacement and
Rehabilitation Program, a portion of The Surface Transportation
Assistance Act of 1982 , 23 U. S .C. Section 112, as amended (23 CFR
650 Subpart D) , certain Federal funds have been allocated for
replacement or rehabilitation of highway bridges on off-system roads
and associated roadway work; and
WHEREAS, such bridges having been inventoried and assigned a
sufficiency rating in accordance with the aforesaid laws and
regulations; and
WHEREAS, these highway improvements and bridges are eligible to
be improved, replaced or rehabilitated; and
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7.
WHEREAS, Federal-aid funds in the amount of $420, 000 have been
made available for an improvement project, identified as I3RO 0003 (7 )
for preliminary engineering, right of way, utilities and R'
construction to replace the bridge on Weld County Rd . 29 over the
Poudre River , north of SH 34 in Weld County, Colorado, hereinafter
referred to as the work; and
WHEREAS, the Local Agency has submitted initial design data
(D.O.H. Form 463 ) , dated October 29, 1987to the State setting forth
therein preliminary details, information and estimates of cost of
this work which -has been approved by the State; and
WHEREAS, the matching ratio for this Federal-aid project is
80 . 00% Federal-aid funds to 20 . 00% Local Agency funds (no cost to
the State) , it being understood that such ratio applies only to such
costs as are eligible for Federal participation. All
non-participating costs shall be borne by the Local Agency at 100%; •
and
WHEREAS, this contract is executed by the State under authority
of Sections 24-92-101, et seq, 43-1-102, 43-1-106 , 43-2-101(4 ) (c)
and 43-2-144, C.R. S. , as amended; and
WHEREAS, the parties hereto desire to agree upon the division of
responsibilities with regard to this project; and
WHEREAS, the Local Agency is adequately staffed and suitably
equipped to undertake and satisfactorily complete portions of the
work; and
WHEREAS, the State certifies that such work can be more
advantageously performed by the Local Agency.
NOW, THEREFORE, it is hereby agreed that:
PROJECT PROVISIONS
A. The Local Agency has estimated the total cost of said work
to be $535 , 500 and is prepared to match said Federal-aid
with its share in the amount of $105, 000,
plus $10, 500for
indirect costs as evidenced by an appropriate ordinance or
resolution duly passed and adopted by the authorized
representatives of the Local Agency, a copy of which is
attached hereto and made a part hereof .
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B. This ordinance or resolution also establishes the authority
under which the Local Agency enters into this contract .
C. All non-participating costs for this project shall be borne
100% by the Local Agency. F�
D. The State will provide liaison with the Local Agency
through the State ' s District Engineer , District 4, located
at 1420 2nd Street, Greeley, CO 80631 . Said Engineer will
also be responsible for coordinating the State ' s activities
under this contract.
E. In submitting to the State the details for the off-system
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highway improvements covered by this contract, the Local
Agency shall include, but not be limited to the following:
a . The Local Agency shall develop, in close cooperation
with the State, the work as described herein. The
work is to be consistent with the current State
Off-System Road plans and in conformity with
appropriate standards adopted by the American
Association of State Highway and Transportation
Officials (AASHTO) as amended and, in effect on the
date of this contract.
b. The Local Agency shall perform the following:
(1) Prepare and submit general layouts for each 4
structure, for review and approval by the State,
of span lengths, structure widths and clearance,
prior to proceeding with detailed design of each
structure . The general layouts for each
structure shall include plan, elevation and
typical section views and cost estimates . For
this submission eleven legible prints of pencil
or ink drawings of each structure site, prepared
on standard sheets to conventional scales shall
be furnished to the State . •
(2) Perform any reasonable changes modifications
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and/or adjustments in the preliminary plans as
the State may require and, if requested, resubmit
any such revisions for reviews .
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( 3 ) The Local Agency shall not proceed with final
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design until notified in writing by the State
that the necessary approvals have been obtained
and that the Local Agency is authorized to
proceed , with the work.
(4) Provide to the State all documentation necessary
for construction staging and sequencing and
traffic control planning, including any special
erection and fabrication techniques anticipated .
c . Complete detailed plans for the structures covered by
this contract, bearing the designer ' s Professional
Engineers Stamp, shall be submitted to the State . The
details shall be furnished on standard dimensioned
sheets, drafted to conventional scales and shall
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include tabulations of quantities of all items of
construction work. The tabulations shall include
quantities of miscellaneous items that are non-pay
items involved in the construction. It is understood •
that the final designs shall conform with "Standard
Specifications for Highway Bridges" and "Geometric •
Design Guide for Local Roads and Streets" as published
by the AASHTO and amended to date of this contract,
and also with current State safety criteria .
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At the time the Local Agency furnishes plans and g
specifications for final review, it will also provide
the following: (where independent work is called for , -
!it may be performed by separate individuals within the
Agency or it may be subcontracted at the discretion of
the Local Agency) .
( 1) Two independent sets of quantity calculations .
One set will be marked as -the record set and will
agree with the quantities shown on the plans . j
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(2 ) One set of original design notes . One set of
design notes that represents an independent check
of the structure as detailed . One or the other z
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sets of design notes shall be identified as the
record set and shall agree with the plan details .
(3 ) A bridge rating to evaluate the HS load and the
State legal loads is required . The rating shall
meet the requirements set forth in the bridge
- rating manual . This rating may be used as part
of the independent design check.
d . Prior to commencement of any detail design work
hereunder the Local Agency may request that a
pre-design conference between the State, the Local
Agency and the Local Agency' s consultant be held at a
time and place mutually agreed upon by the conferees.
The intent and purpose of such conference is to ( 1)
jointly review the general design concepts and
criteria applicable to the work; and (2) to expedite
reviews and approvals as required for the various
stages thereof .
e . Standard Plans developed by the State and incorporated
into this project will be furnished by the State.
After determining which Standard Plans are to be
changed or modified to fit the project, the Local
Agency shall make all necessary revisions in such
Standard Plans on tracing reproductions furnished, at
charge to the project, by the State .
f . Submittal of plans by the Local Agency for the State ' s
final review shall include a minimum of :
( 1) Five print copies of all plan sheets .
(2) Two copies of Special Provisions required to
supplement, amend or modify the State ' s Standard
Specifications for Road and Bridge Construction F'
( 19'81) .
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( 3 ) Two copies of the Local Agency ' s detailed
estimate of cost . The estimate shall be prepared
in the form and using the units of work commonly
used by the State.
g. Advance submittals to the State of details of the
designs may be made at any time for informal review
and approval .
h. The State shall notify the Local Agency, in writing,
of its approval of the construction plans , special
provisions and construction estimates or of any
revisions required. The Local Agency shall make all
such revisions of plans , special provisions and
estimates and, if requested in writing by the State,
furnish copies of any revised sheets for approval .
i . Notwithstanding any consents or approvals for said
plans , specal provisions and estimates given by the
State and FHWA, the State and FHWA shall not be liable
or responsible in any manner for the structural
design, details or construction of any major
structures that are designed for this work.
j . Required revisions in quantities and corrections of
errors in construction plans, shall be made by the F.
Local Agency.
k. All final drawings and two field packs of geometry
data and other supplemental data shall be submitted to
the State by the Local Agency after final review.
1 . Material to be a part of the final construction
contract plans shall comply with the following
requirements :
( 1) The drawings shall be size D drawings; that is ,
the sheets will measure 22 inches by 34 inches
with a rectangular border of 20 inches by 31-1/2
inches for the working drawing/s . V }
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(2 ) The drawings shall be full transparencies : i . e .
vellum, mylar or linen with no paste-ons or
background from paste-ons in second generation
transparencies . ^'
( 3 ) There shall be no excessive screening on
drawings . Screening, when required, shall be
accomplished by a 50% screen with a maximum 50
lines per inch.
(4) All the drafting work shall be on one side of the
drawings .
(5) Drawings with colors shall be reproducible by all
printing medias in black and white.
(6) Drawings shall not consist of sepias .
(7) All data ( lines and lettering) on drawings shall
be opaque.
m. Drawings that do not meet the criteria listed above
will not be accepted by the State and will be returned
to the Local Agency for revisions .
n. Plans and specifications used shall comply with the •
standards specified in U. S . Department of
Transportation, Federal Highway Administration (FHWA)
Federal-aid Highway Program Manual (FHPM) Volume 6 ,
Chapter 3 , Section 3 , Subsection 1, Appendix.
o . During construction, the Local Agency shall review the
construction contractor ' s shop drawings for
conformance with the contract documents, and compliance
with the provisions of State Department of Highways
publication, "Standard Specifications for Road and
Bridge Construction" ( 1986) , in connection with this
work.
p. The State will provide final assembly of contract
documents , construction plans and special provisions
and will advertise the Call for Bids, and award
construction contract (s) .
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q • The State will provide access to computer resources on
a first- come, first-serve basis as follows : ;'
a
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( 1) The Local Agencies must request access to the ` f
State ' s design programs , in writing, from the f
ajj
Director of the Division of information Systems . s`i
Request should identify the programs required,
the design project number and the duration of the
design project .
(2) The Local Agencies may have access to the State ' s
design programs residing at the University of
Colorado via designated terminals located in the
State ' s Headquarters building at 4201 East
Arkansas Avenue, Denver, Colorado 80222 , and must
be coordinated through the Engineering Design
Support Branch located in the same building.
(3) The State ' s key-to-disk data entry systems are
available only to Local Agencies submitting "hard
copy" data entry forms . These forms may be
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submitted in the IGS area, Room 309, of the
State ' s Headquarters building. Local Agencies •
wishing to use the data entry services must
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0!submit a written request to the Director of
Information Systems .
(4) Local Agencies requiring the use of the " load
factor" BARS program must request access in
writing from the Staff Bridge Design Engineer in
the State ' s Headquarters building.
( 5 ) The graphics system is not available to Local
Agencies .
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REVISED 6/86
STANDARD
GENERAL PROVISIONS
A. The Local Agency will provide :
1. Preliminary engineering, design services , preparation of
construction plans , special provisions and estimates in
accordance with the State ' s Roadway and Bridge Design Manuals
and Standard Specifications for Road and Bridge Construction. ¢4
2 . Design work sheets used in designing of the project .
B. The Local Agency will comply with the following:
1. The Local Agency will prepare construction plans in
accordance with the requirements of Engineering Services
Section 107 , Preparation of Construction Plans by Local
Agency, attached hereto and made a part hereof .
2 . The Local Agency will be responsible for the plans being
accurate and complete .
3 . Notwithstanding any consents or approvals given by the State
for said plans , the State will not be liable or responsible
in any manner for the structural design, details or
construction of any major structures that are designed within
the work of this contract.
C. The Local Agency will comply with the applicable provisions of the
State ' s approved Action Plan, including all Federal directives
contained therein by reference. 4
D. The Local Agency may enter into a contract with a consultant to do
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all or any portion of the proposed preliminary engineering and ',.S
preparation of construction plans . In the event that Federal-aid
funds provided herein are to participate in the cost of work to be
done by a consultant, the contract shall comply with the E
requirements of FIIPM, Volume 1. Chapter 7 , Section 2,
Administration of 'Negotiated Contracts . The contract with the i
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consultant shall be preceded by an acceptable proposal and may not F
be executed or awarded until the selection of the consultant and
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the terms of the contract shall have been approved by the State
and the Federal Highway Administration (FHWA) . All changes in the
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contract shall be by written supplemental agreement and must have
prior approval of the State and FHWA. As soon as the contract
with the consultant has been awarded, 3 copies of the executed
contract shall be submitted to the SLate . Any supplemental
agreements shall be similarly submitted. k
E . The State will review construction plans , special provisions and
estimates and make those changes necessary to assure compliance
with State and FHWA requirements . The State will afford the Local :.
Agency ample opportunity to review the construction plans , special
provisions and estimates , as changed and said plans shall be
considered final when approved and accepted by the parties
hereto . The State will provide final assembly of construction
plans , special provisions , estimates and contract documents . In
the event all or part of the construction work is to be
contracted, the State will establish appropriate Minority Business
Enterprise (MBE) goals for the construction contract(s ) and the
State in conjunction with the Local Agency will advertise the call
for bids , and upon concurrence by the Local Agency, award the
construction contract(s) to the lowest responsible bidder (s) .
F . The Local Agency will be responsible for acquiring any additional Y,
rights of way required for the completion of the project,
including any necessary construction easements . Prior to this
project being advertised for bids, the Local Agency will certify
in writing to the State that all right of way has, been acquired in
accordance with the applicable State and Federal regulations, or
that no additional right of way is required .
G. The State will be responsible for assuring that the Local Agency
has obtained proper clearance or approval from any utility company
which may become involved in this project, by separate agreement
between the Local Agency and the utility, if necessary. Prior to
this project being advertised for bids , the Local Agency will
certify in writing to the State that all such clearances have been
obtained .
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H. In the event the project involves modification of a railroad
company ' s facilities at a railroad grade crossing whereby the work
is to be accomplished by railroad company forces , the Local Agency ,
shall make appl
ication to the Public Utilities Commission '
requesting its order providing for the installation of the
proposed improvements . The Local Agency shall also establish
contact with the railroad company involved for the purpose of :
1 . Executing an agreement setting out what work is to be
accomplished and the location(s) thereof , and that the costs
of the improvement shall be eligible for Federal
participation.
2 . Obtaining the railroad ' s detailed estimate of the cost of the
work.
3 . Establishing future maintenance responsibilities for the
proposed installation.
4 . Prescribing future use or dispositions of the proposed
improvements in the event of abandonment or elimination of
the grade crossing.
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5 . Establishing future repair and/or replacement
responsibilities in the event of accidental destruction or
damage to the installation.
I . The State or the Local Agency with approval from the State will be
responsible for the supervision of the construction of the
project . The supervised work will consist of but not be limited
to field and office engineering, inspection and material testing.
and traffic control . The project will be subject. to periodic
inspection by the FHWA. In the event the Local Agency has engaged
a consultant for the design of a major structure, the Local
Agency/consultant contract shall contain the following:
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1 . Upon advertisement for the project for construction, the
consultant shall make available services as requested by the
State to assist the State in the evaluation of construction
and the resolution of construction problems that may arise
during the construction of the project .
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The consultant shall review the construction contractor ' s
shop drawings for conformance with the contract documents and
compliance with the provisions of the State Department of
Highways publication, "Standard Specifications for Road and
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Bridge Construction" , in connection with this work.
J . The Local Agency shall provide and mark detours around the
construction area to prevent any interference of the construction
work and to protect the traveling public .
K. In the event that all or part of the work is to be accomplished by
force account rather than contract as specified in paragraph E
hereinabove, the Local Agency will insure that all work is
accomplished in accordance with the pertinent State specifications
as well as FHPM, Volume 6 , Chapter 4 , Section 1, Subsection 14 ,
Contract and Force Account . Work will normally be based upon
estimated quantities and firm unit prices agreed to between the
Local Agency, the State and the FHWA in advance of the work, as
provided for in FHPM, Volume 6 , Chapter 4 , Section 1, Subsection
6 , paragraph 12b. Such agreed unit prices shall constitute a
commitment as to the value of the work to be performed. It may be
agreed to participate in the work based on actual costs of labor ,
equipment rental , materials supplies and supervision necessary to
complete the work. Where actual costs are used, eligibility of
cost items shall be evaluated for compliance with Federal
Procurement Regulations Part 1-15 . Rental rates for publicly
owned equipment will be the second shift rental rate per hour as
established in the State ' s Construction Equipment Rental Rate
Schedule dated May 1, 1986 or subsequent revisions thereof . All
force account work shall have prior approval of the FHWA and shall
not be initiated until the State has issued a written notice to
proceed . The Local Agency shall, during all phases of the work,
permit duly authorized agents and employees of the State and the
FHWA to inspect the project and to inspect , review and audit the
project records .
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L . The Local Agency shall maintain all books , documents , papers ,
accounting records and other evidence pertaining to costs incurred
and to make such materials available for inspection at all
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reasonable times during the contract period and for 3 years from
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the date of final payment to the Local Agency. Copies of such
records shall be furnished by the Local Agency if requested.
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M. The Local Agency will maintain and operate the improvements
constructed under this contract, at its own cost and expense
during their useful life, in a manner satisfactory to the State
and FHWA, and will make ample provision for such maintenance each
year . Such maintenance and operations shall be in accordance with
all applicable statutes and ordinances, and regulations
promulgated thereunder , which define the Local Agency ' s obligation
to maintain such improvements . The State and FHWA will make
periodic inspections of the project to verify that such
improvements are being adequately maintained.
N. The State will administer the Local Agency and Federal-aid funds
for this project in accordance with the following provisions :
1. Costs incurred by the Local Agency
The Local Agency will prepare and submit monthly charges for
costs incurred relative to the project . The Local Agency
will prepare project charges in accordance with the State ' s
standard policies and procedures . The State will reimburse
the Local Agency for the Federal-aid share of the project F
charges following the State ' s review and approval of such
charges . Charges incurred by the Local Agency prior to the
date of FHWA authorization for the project will not be
charged to the project .
2 . Costs incurred by the State
a . The State will prepare monthly estimates of incurred
costs for all construction engineering relative to the
project. The State ' s monthly billings for the Local
Agency share will be based on actual construction
engineering costs . As funds are expended during the
course of the work, the State will bill the Local Agency
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monthly for. the Local Agency share of suchexpenditures . rF
Upon completion of the work to be performed under this
contract and acceptance thereof by the State . FHWA and
the Local Agency; the State will submit a final
recapitulation of the project costs to the Local Agency
and a final billing for the balance due of its share of
participating costs plus all non-participating costs .
Upon receipt of each bill from the State , the Local
Agency will remit to the State that amount billed.
Should the Local Agency fail to pay monies due the State
within 30 days of demand or within such other period as
may be agreed between the parties hereto, the Local
Agency agrees that at the request of the State, the
State Treasurer may withhold an equal amount from future
apportionments due the Local Agency from the Highway
Users Tax Fund and to pay such funds directly to the
State . Interim funds , until the State is reimbursed,
shall be payable from State Highway Supplementary Fund
(2001) . All funds expended by the State for the
performance of any work under this contract or relative
to the administration of this contract shall be charged
to this project.
b. Upon execution of this contract the State is authorized,
in its discretion, to perform any necessary
administrative support services pursuant to this
contract . These services may be performed prior to and
in preparation for any conditions or requirements of
this contract, including prior FHWA approval of project
work. The Local Agency understands and agrees that the
State may perform such cervices , and that payment for
such services shall be at no cost to the State but shall
be as provided herein. At the request of the Local
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Agency, the State shall also provide other assistance
pursuant to this contract as may be agreed in writing.
In the event that federal aid project funds remain
available for payment , the Local Agency understands and
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agrees the costs of any such services and assistance
shall be paid to the State from project funds at the
applicable rate . However , in the event that such
funding is not made available or is withdrawn for this ',
contract, or if the Local Agency terminates this
contract prior to project approval or completion for any
reason, then all actual incurred costs of such services
and assistance provided by the State shall be the sole
expense of the Local Agency. The Local Agency shall pay
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the State for all such costs within 30 days of receipt
of written notice from the State requesting same .
O. It is understood and agreed by the parties hereto that the total
cost of the work stated hereinbefore is the best estimate
available based on the design data as approved at the time of
execution of this contract, and that such cost is subject to
revisions agreeable to the parties prior to bid and award. The
Local Agency has the option to accept or reject the proposal of
the low bidder for work on which competitive bids have been
received. The Local Agency must declare the acceptance or
rejection at the award conference or within 3 working days after
said bids are publicly opened, whichever occurs later . If the bid
is rejected, costs incurred by the State in project development
will not be eligible for participation by the FHWA and must be
reimbursed to the State by the Local Agency. Following award of
the construction contract(s) under paragraph E above, no further
revisions in design data or cost estimate shall be made except by
agreement in writing between the parties . By indicating its
concurrence in such award at the award conference , the Local
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Agency acting by or through its duly authorized representatives .
agrees to provide additional funds if required to complete the
work under this project if no additional Federal- aid funds will be
made available for the project . The total amount of such
additional required funds will be determined at the time of final
billing as provided in paragraph N above.
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P . The parties hereto agree that this contract is contingent upon all
funds designated for the project herein being made available from
Federal and Local Agency sources . Should these sources , either
Federal or Local Agency, fail to provide necessary funds as agreed
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upon herein, the contract may be terminated by either party. Any
party terminating its interest and obligations herein shall not be
relieved of any financial obligations which existed prior to the
effective date of such termination or which may occur as a result
of such termination.
Q. The term of this contract, except for the provisions regarding
maintenance, shall continue through the completion and final
acceptance of this project by the State, FHWA and Local Agency.
The covenants with regard to maintenance of the improvements
constructed under this contract shall remain in effect in
perpetuity or until such time as the Local Agency is, by law or
otherwise, relieved of such responsibility. k
R. During the performance of all work under this contract, the
parties hereto agree to comply with Title VI , of the Civil Rights
Act of 1964 , the salient points of which are shown in the
Non-discrimination Provisions attached hereto and made a part
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hereof .
S. The Special Provisions and Appendix B attached hereto are hereby
made a part of this contract .
T. This contract shall inure to the benefit of and be binding upon
the parties , their successors , and assigns .
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IN WITNESS WHEREOF, the parties hereto have executed this contract
the day and year first above written.
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STATE OF COLORADO
ATTEST: ROY ROMER, GOVERNOR
I
Chief � r F,xecu ive Dirac [
�+ DEPAR MENT OF HIGHWA c
APPROVED: . DUANE WOODARD
State Controller Attorney eneral fr
By �_ By 2
BA Y B. RY
JAMES A. STROUP Assistant A torney General
Natural Resources Section -
ATTEST: WELD COUNTY, COLORADO
‘7127aus‘Y-e-aiA4-6,;‘)
By Byy/uv It gyr 1/25/88
Title Weld County Clerk and Recorder Title Chairman
//jl Board of County Commissioners ti
BY: Q19—rr ,c_e -, ( ,(,�_u�2.
eputy County Clerk
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Rev. 5/86
DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS
STATE OF COLORADO
ENGINEERING SERVICES
SECTION 107
PREPARATION OF CONSTRUCTION PLANS BY LOCAL AGENCY
107.1 All plans shall be in accordance with the Department of Highways
Drafting Manual. (Copies available through Department of Highways,
Staff Design Branch) .
107.2 The State will prepare permanent type polyester reproductions of
original drawings at a nominal charge when requested by the Local
Agency.
107.3 The Local Agency may, at its option, purchase approved standard size
sheets from the State. The purchase price of such materials shall be
the actual cost as incurred by the State.
The following approved standard size sheets measuring 22 inches by 34
inches with a rectangular er of 20 inches by hes the working drawing/s, are normallyd 31-1/2
available fromcurrentcStateor
inventories.
DOH
FORM COMPOSITION
NO. TITLE
113 Summary of Approximate Quantities
* Mylar
Mylar
125 Structure Quantities
Mylar
126 Blank Sheet
Mylar
134 Plan and Profile
Vellum
146 Cross Section
* Accepted trade name for polyester film
107.4 The State will prepare the title sheet for the final construction
plans. The title sheet will be made vblecfored ca Local
tAgAgency
cytuseor
upon request of the Local Agency. The cost
preparation of the title sheet will be charged to the project.
880047
A )
PENDIX B
MINORITY BUSINESS ENTERPRISE (MBE)
SECTION 1 . Policy. It is the policy of the Department of Trans-
portation that minority business enterprises as defined in 49 CFR
Part 23 shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal
funds under this agreement. Consequently the MBE requirements of
49 CFR Part 23 apply to this agreement.
SECTION 2 . MBE Obligation. The recipient or its contractor
agrees to ensure that minority business enterprises as defined in
49 CFR Part 23 have the maximum opportunity to participate in the
performance of contracts and subcontracts 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 23 to ensure that
minority business enterprises have the maximum opportunity to compete
for and perform contracts . Recipients and their contractors shall
not discriminate on the basis of race , color, national origin, or
sex in the award and performance of DOT-assisted contracts .
SECTION 3. MBE Program. The contractor (subrecipient) shall be
responsible for r oUtaining the Minority Business Enterprise Program
of the Colorado Department of Highways dated January 29 , 1982 , as
amended, and shall comply with the applicable provisions of this
program.
A copy of the MBE program will be available from:
Staff Construction Engineer
4201 E. Arkansas
Denver, CO 80222
Phone: (303) 757-9231
and will by request be mailed to said contractor.
880047
6
7r
April, 1980
Nondiscrimination Provisions :
In compliance with Title VI 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 Department of
Transportation relative to nondiscrimination in
Federally-assisted programs of the Department of
Transportation (Title 49 , Code of Federal Regula-
tions, 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 it after award and prior
to completion of the contract work, will not dis- r
criminate on the ground of race, color, sex, mental
or physical handicap or national origin in the
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 employ-
ment practices when the contract covers a program
set forth in Appendix C of the Regulations .
C . Solicitations for Subcontracts , Including Procure-
ments of Materials and Equipment. In all solicita-
tions either by competitive bidding or negotiation
made by the Contractor for work to be performed
under a subcontract, including procurements of
materials or equipment, each potential Subcontractor
or supplier shall be notified by the Contractor of
the Contractors ' obligations under this contract and
the Regulations relative to nondiscrimination on the
ground of race, color, sex, mental or physical handicap
or national origin.
D. Information and Reports . The Contractor will pro-
vide all information and reports required by the
Regulations , or orders and instructions issued
pursuant thereto, and will permit access to its
books , records, accounts , other sources of informa-
tion, and its facilities as may be determined by
the State or the FHWA to be pertinent to ascertain
compliance with such Regulations, orders and in-
structions . Where any information required of the :t
Contractor is in the exclusive possession of another
who fails or refuses to furnish this information,
the Contractor shall so certify to the State, or the
FHWA as appropriate, and shall set forth what efforts
have been made to obtain the information.
E. Sanctions for Noncompliance . In the event of the
Contractor 's noncompliance with the nondiscrimination
provisions of this contract, the State shall impose
such contract sanctions as it or the FHWA may deter-
mine to be appropriate, including, but not limited to :
4
880047
(1) Withholding of payments to the Con-
tractor under the contract until
the Contractor complies , and/or;
(2) Cancellation , termination or sus- i
pension of the contract, in whole
or in part. r
F. Incorporation of Provisions . The Contractor will
include the provisions of Paragraphs A through F
in every subcontract, including procurements 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 procure-
ment as the State 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 C.
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 Contractor may request the
FHWA to enter into such litigation to protect the
interests of the United States .
•
•
•
1
-2- 880047
Form 6-AC-02B SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract 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. This provision is applicable to any contract involving the pay-
ment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection,
repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
works for this State,the contractor shall,before entering the performance of any such work included in this con-
tract, duly execute and deliver to and file with the official whose signature appears below for the State, a good
and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
corporate surety,conditioned for the due and faithful performance of the contract,and in addition, shall provide
that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro-
visions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the
bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is
executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited,
allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as
amended.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its
employees and agents,against any and all claims,damages,liability and court awards including costs,expenses,
and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents, subcon-
tractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957.
as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402.
CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirmative Action,
dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or
sub-contracts.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or
age.The contractor will take affirmative action to insure that applicants are employed,and that employees
are treated during employment, without regard to the above mentioned characteristics. Such action shall
include,but not be limited to the following: employment, upgrading, demotion, or transfer,recruitment or
recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selec-
tion for training, including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment,notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical
handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
advising the labor union or workers' representative of the contractor's committment under the Executive
Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of
the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the con-
tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or dis-
criminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
color, sex, national origin, or ancestry.
(6) A labor organization,or the employees or members thereof will not aid, abet, incite,compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395-53-01-1022
Revised 11-85 page _1_ of _2_ pages 47
DC 14608 85
Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this con-
tract or with any of such rules, regulations,or orders,this contract may be cancelled,terminated or sus-
pended in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975 and the rules,regulations,or orders promulgated in accordance therewith,and
such other sanctions as may be imposed and remedies as may be invoked as provided in Executive
Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations,or orders
promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph(1)through(8)in every sub-contract and
subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to
Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action with respect to
any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing
such provisions, including sanctions for non-compliance; provided, however, that in the event the con-
tractor becomes involved in,or is threatened with, litigation with the subcontractor or vendor as a result
of such direction by the contracting agency, the contractor may request the State of Colorado to enter
into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6 a.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be
allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or
required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the
officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds
which would otherwise be available or would otherwise be inconsistent with requirements of federal law,this sub-
section shall be suspended, but only to the extend necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements (section 8-19-101 and 102, CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the
interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incor-
porated herein by reference which provides for arbitration by any extra-judicial body or person or which is other-
wise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any other special provision in whole or
in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense or other-
wise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of
this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable
federal and state laws, rules and regulations that have been or may hereafter be established.
9. The signatories hereto aver that they are familiar with 18-8-301, et. seq., (Bribery and Corrupt Influences)
and 18-8-401, et. seq.,(Abuse of Public Office), CRS 1978 Replacement Vol.,and that no violation of such pro-
visions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest what-
soever in the service or property described herein:
WITNESS WHEREOF, the parties hereto have executed this Contract on the day first a.•
wr
Contrac .
(Full Legal • STATE OF COLORADO
RICHARD D. LAMM ' . ERNOR
By
'5 EXECUTIVE DIRECT'
Position (Title) _—
DEP MENT
Snaal s<cu . Numhe, or PWcra!ID Number � • —
(If Corporation:)
Attest (Seal)
By«
C.,q+ram 5ccretan of FVu,•aan. vC,mni)CInM
APPROVALS
ATTORNEY I ERA L CONTROLLER
By By —
880047
Pnu• 2 of' 2 pages
305 r3 0I 1IL1U DC 102404.84
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