HomeMy WebLinkAbout860550.tiff RESOLUTION
RE: APPROVE CONTRACT BETWEEN THE STATE DEPARTMENT OF HIGHWAYS,
DIVISION OF HIGHWAYS, AND WELD COUNTY 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, on the 21st day of August, 1985 , the Board did
approve a Funding Application for the replacement of certain Weld
County bridges , including Bridge 6/23B, and
WHEREAS, the Board has now been presented with a contract
between the State Department of Highways, Division of Highways,
and Weld County regarding Bridge 6/23B, 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 concerning Bridge 6/23B be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said contract.
860550
CG 0002, n
Page 2
RE: BRIDGE 6/23B
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 9th day of
June, A.D. , 1986. BOARD
• OF ATTEST 47 answn`�
I WELD COUNTY,
COLORADO
OLD DOTY SSIONERS
Weld County Clerk and Recorder
and Clerk to the Board J. cque ne �e�-on C airman.Th . :. ac-, �.- em
eputy County C erk
APPROVED A TO FORM: Gene R. Bran er
EXCUSED
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C QCounty At�r ey /le"/L�1"/ ir /�� ,
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860550
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0465V
BRO 0003 (4)
WELD CO. RD. 6,
E. OF WATTENBURG
l//
CONTRACT
THIS CONTRACT, made this 7/4 day of UU�}/ , 191 UL,
by and between the State of Colorado for the use and benefit 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
86200; and
WHEREAS, required approval, clearance and coordination has been
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
WHEREAS, Federal-aid funds in the amount of $187,450.00 have
been made available for an improvement project, identified as BRO
0003 (4) for preliminary engineering, right of way, utilities and
construction for replacement of the bridge on County Road 6,
one-half mile west of SH 85, 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 January 27, 1986. to 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 $239,000. 00 and is prepared to match said Federal-aid
with its share in the amount of $46, 862.00, plus $4, 688 .00
for 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 .
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.
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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
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) , in effect prior to the date of
this contract.
b. The Local Agency shall perform the following:
(1) Prepare and submit general layouts for each
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
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
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 Local Agency' 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 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 .
d. The Local Agency shall be responsible for the plans
being accurate and complete.
At the time the Local Agency furnishes plans and
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 .
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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
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.
e. 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 .
f . 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.
g. 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
(1981) .
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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.
h. Advance submittals to the State of details of the
designs may be made at any time for informal review
and approval.
i . 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.
j , 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.
k. Required revisions in quantities and corrections of
errors in construction plans, shall be made by the
Local Agency.
1 . 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.
m. 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 .
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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.
n. 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 .
o. 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.
p. 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" (1981) , in connection with this
work.
q . 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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r . The State will provide access to computer resources on
a first-come, first-serve basis as follows :
(1) The Local Agencies must request access to the
State ' s design programs, in writing, from the
Director of the Division of Information Systems .
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
submitted in the IGS area, Room 309, of the
State ' s Headquarters building. Local Agencies
wishing to use the data entry services must
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 3/86
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.
2. Design work sheets used in designing of the project.
B. 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 .
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.
D. The Local Agency may enter into a contract with a consultant to do
all or any portion of the proposed preliminary engineering and
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
requirements of FHPM, Volume 1, Chapter 7, Section 2,
Administration of Negotiated Contracts . The contract with the
consultant shall be preceded by an acceptable proposal and may not
be executed or awarded until the selection of the consultant and
the terms of the contract shall have been approved by the State
and the Federal Highway Administration (FHWA) . All changes in the
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 State. Any supplemental
agreements shall be similarly submitted.
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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
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.
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 applicable 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 :
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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.
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:
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.
2 . 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
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 .
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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, 1983 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 .
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
reasonable times during the contract period and for 3 years from
the date of final payment to the Local Agency. Copies of such
records shall be furnished by the Local Agency if requested.
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
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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
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
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 monthly for the Local Agency share of
such expenditures . 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
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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.
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
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.
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
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Federal or Local Agency, fail to provide necessary funds as agreed
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.
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
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.
STATE OF COLORADO
ATTEST: RICHARD D. LAMM, GOVERNOR/le7 4447,111H By �3fi //
Chief Clerk rev" , " r' � 2 /�
xecutive Director
DEPARTMENT OF HIGHWAYS
APPROVED: DUANE WOODARD
State Controller Attorney General
By By cc""ffVV,,` -..
ni
LYN OBERNYER
First Assistant Attorney General
�
Natural Resources Section
ATTEST: "jy IQ.u} 44 WELD COUNTY. COLORADO
v
B ��
Deputy County Clerk
Title Chairman
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May 1, 1985
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 border of 20 inches by 31-1/2
inches for the working drawing/s , are normally available from
current State inventories .
DOH
FORM
NO. TITLE COMPOSITION
113 Summary of Approximate Quantities * Mylar
125 Structure Quantities Mylar
126 Blank Sheet Mylar
134 Plan and Profile Mylar
146 Cross Section Vellum
* 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 available for Local Agency
use upon request of the Local Agency. The cost incurred by the
State for preparation of the title sheet will be charged to the
project .
C;15:.4;330
aPPENDIX 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 obtaining 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.
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-
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
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 :
(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. 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
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 .
-2- (J‘Ts0ti5
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. 0
395-53-01-1022
Revised 11-85 page 1 of_Z._ pages
DC-1460x85
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, 1915 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. 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.
9. 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:
IN WIINESS WHEMEOV the parties hereto have executed this Contract on the day first above
'tten.
Con or :
(Full Le ame) STATE OF COLORADO
RICHARD D. LAMM, GO OR
By
By: a5 EXECUTIVE DIRECTOR.
Position (Title)
DEPART
Social Security Number or Federal ID. Number OF
(If Corporation:)
Attest (Seal)
By«
Corporate Secretary.or Equivalent.T /County Clerk
APPROVALS
ATTO ENERAL CONTROLLER
B By
DC-10-lei I.45 Page 2 which is the lase of Z pages
19S-53-01-1030(Revised 11/851
STATE OF COLORADO
DIVISION OF HIGHWAYS
P.O. Box 850 tkA
1j •
Greeley, Colorado 80632-0850 3. � 4y�
(303) 353-1232 #„;r°c ',8.-#
"wa os<e/s
July 15, 1986
BRO 0003(4)
DOH FILE 46100
Mr. Rex Cantrell
Civil Engineer II
Department of Engineering
Weld County
P. 0. Box 758
Greeley, Colorado 80632
Dear Rex:
Attached for your use is the fully executed original contract between Weld
County and the Department of Highways for Project BRO 0003(4), Weld Co. Rd. 6,
E. of Wattenburg.
The next step will be the selection of a consultant by Weld County. The
selection procedure is subject to approval by the Department, so please submit
to this office the selection procedure to be used. Upon approval of the
procedure, a consultant firm may be hired. When a firm has been hired, a
pre-design meeting will be held.
If you have any questions, please contact this office. Thank you for your
cooperation in this matter.
Very truly yours,
ALBERT CHOTVACS
DISTRICT ENGINEER
Evan A. Hooper, r.
District Scheduling Coordinator
EAH:da
Attachment
cc: A. Chotvacs w/attach.
J. C. Peterson
H. L. Toland
File: Hooper via
Reisbeck
• t�
OFFICE OF COUNTY ATTORNEY
PHONE(303)356.4000 EXT. 4391
P.O. BOX 1948
GREELEY, COLORADO&1632
WIIDc
COLORADO
May 2 , 1986
Lynn Obernyer
Attorney General' s Office
Natural Resources Section
1525 Sherman Street
Denver, CO 80203
RE: Contract Between Division
of Highways and Weld
County - Weld County Road
6 , East of Wattenburg
Dear Lynn:
I have been asked by the Weld County Engineer to review the
above-noted contract to be executed under the Highway Bridge
Replacement and Rehabilitation Program. I have certain
reservations regarding the contract which I would like to call to
your attention to see if appropriate changes could be made.
General Provisions Paragraph M on page 12 and General Provisions
Paragraph Q on page 15 appear to obligate the County to make
future expenditures for maintenance. While it is the intention of
Weld County to maintain the structure in a manner consistent with
other Weld County roads and bridges, the availability of resources
may preclude the ideal amount of maintenance. Further, the
County, in the same fashion as the State, cannot obligate itself
in this fiscal year to spend funds which are not properly
appropriated in future years.
It does not appear appropriate to require Weld County to post a
bond as required under Paragraph 3 under Special Provisions. The
statute cited does not appear to require a bond from a
governmental entity. Further, I believe it was with your
assistance, on the contract dated July 3, 1985 , with the numbers
0340V, BRO 0012 (1) - Adams - Weld County Line Road at South Platte
River, that the bond provision was deleted.
080350
Thank you for your attention to this matter. I am prepared to
recommend approval to the Board of County Commissioners of this
contract if there can be some further resolution of the issues I
have raised herein. I would ask that you contact me with any
questions you may have. ,
Yo rs truly,
ee D. Morrison
Assistant County Attorney
LDM: ss
Enc.
xc: Drew Scheltinga
1
at c•
IC"' '
fT' (��/ �(("9d
Duane Woodard 18 26
Attorney General ++ ++ �1T
Charles B. Howe Olir *tatr of (�oloraho
Chief Deputy Attorney General STATE SERVICES BUILDING
DEPARTMENT OF LAW 1525 Sherman Street
Richard H. Forman Denver,Colorado 80203
Solicitor General OFFICE OF THE ATTORNEY GENERAL Phone 866-3611 &866-3621
May 20, 1986
• 'JUN 0 41986
Lee Morrison LDD cO11 TY
Assistant County Attorney ATTORNEY'S OFFICE
Office of the County Attorney
P.O. Box 1948
Greeley, Colorado 80632
RE: Proposed contract between Division of Highways and Weld
County
Weld County Road 6, East of Wattenburg
AG File No. EHI159
Dear Mr. Morrison:
i am in receipt of your letter of May 2, 1986 which raises
two areas of concern regarding the above referenced contract . It
is my understanding that this contract involves CDOH "passing
through" federal-aid funds to Weld County. As a result , the
maintenance requirement is a federal requirement. CDOH has no
ability to waive this requirement despite the county ' s limita-
tions. What this means is that in future years Weld County needs
to meet the federal requirements for this project even if this is
accomplished at the expense of other projects and responsibili-
ties. In view of this requirement, perhaps Weld County should
reconsider whether or not it wishes to apply for the federal
funds. I have enclosed applicable federal requirements and state
statutes.
The Special Provision paragraph 3 does not apply to this
contract in that Weld County is not required to post a pay-
ment/performance bond in the amount of $291, 000 for
design/maintenance work performed under the contract . However ,
an appropriate bond would need to be posted by any contractor
performing the public works construction project which results
from this contract (paragraph E.q. at p.7 ) . In previous years,
CDOH did remove non-applicable portions of the special provi-
sions. However, that is no longer possible. Such provisions
Lee Morrison
Page 2
must remain even though they are not applicable to all aspects of
the contract.
I hope this information answers your questions .
FOR THE ATTORNEY GENERAL
n . Oberny r
First Assistant Attorney General
Natural Resources Section/Highway Unit
LBO:vow
cc: Hal Martin
Attachments
onua0
ftd U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
tto. a,
FEDERAL-AID HIGHWAY PROGRAM MANUAL
VOLUME 6 ENGINEERING AND TRAFFIC OPERATIONS
; ,t CHAPTER 3 PRECONSTRUCTION PROCEDURES
SECTION 1 GENERAL
SUBSECTION 1 PROJECT AGREEMENTS
Transmittal 174
December 8 , 1975
HCC-50
Par. 1. Purpose
. ,:.
2 . Authority
3. Definitions
4. Policy
5. Preparation of Agreement
6.
Agreement Provisions Regarding Overruns in
CContract Time
7 . Modification of Original Agreement
1. PURPOSE
* To prescribe the form and procedures for the preparation
-`�`"'
i ' and execution of the project agreement required by 23 U.S. C.
= 110 (a) for Federal-aid projects, except for forest highway
projects pursuant to 23 U. S. C. 204, and for nonhighway
public mass transit projects pursuant to 23 U. S. C. 103 (e) (4),
142(a) (2), and 142(c) .
2 . AUTHORITY
This directive is issued under the authority of 23 U. S. C.
110, 121 (c), 315, and 49 CFR 1. 48(b) (35) .
3. DEFINITIONS
Yw)---4“. a. The term "bond issue project" means a project authorized
•j e pursuant to 23 U. S. C. 122.
b. The term "calendar day" means each day shown on the
calendar but, if another definition is set forth in the
I State contract specifications, that definition will apply.
5.-
A Regulatory material is italicized
Federal-Aid Highway Program Manual
Transmittal 210 , August 10 , 1976 • V 6 , Ch. 3
Sec. 1 , Subsec. 1
C.
4. POLICY
•
a. The State highway agenoy_shall__prepare a project
agreement for each eligible Feder¢Z,stid_highwa
planning and researai project eli �ord eieraay
9 � for Federal-aid
funding. An original agreement shall be prepared on
FYWW-Perm PR-2, (Attachment 1), and amendments to or
modifications of such original agreement shall be
prepared on FHWA Form PR-2A, (Attachment 2) . Agreements
• for projects under the National Cooperative Highway
Research Program (NCHRP) shall be prepared on FHWA
Form PR-2. 1 (Attachment 3) .
b. Project agreements, and modifications of and amendments
thereto, shall evidence acceptance by the State highway
agency of:
(1) conditions to payment of Federal funds as
prescribed by Federal statutes and regulations; and
(2) the amount of Federal funds obligated.
5. PREPARATION OF AGREEMENT
a. The purposes of the FORM PR-2 are:
(1) to cover the various types of projects and kinds
of work to be undertaken;
(2) to indicate the effective date governing reimburse-
ment of the.Federal share of eligible items of use;
(3) to show the total amount of Federal funds obligated
and under agreement for the project; and
(4) to set forth any special provisions relating to
the project.b. The Division Administrator, pursuant to his delegated
authority, shall, on behalf of FHWA, execute the project
agreement or modification or amendment thereof, when
he is satisfied that the agreement, or modification or
amendment thereof is properly prepared and not at
variance with any statutory or regulatory requirement
pursuant to Federal laws.
3
ST,055O
Federal-Aid Highway Program Manual Vol . 6 , Ch. 3
� Transmittal 382, August 20 , 1984 Sec . 1 , Subsec . 1
C.
(d) when there is an agreement between the State
and a local unit of Government with provisions
for parking regulations and traffic control.
(4) For HPBR projects, no entry will be made in the
space labeled "COUNTY. " For all other projects ,
the county or counties in which the project is
located will be shown.
(5) The space labeled "PROJECT IERMINI" is for
identifying the location of projects by termini,
such as "three miles east of Ex ell to four miles
west of Clark. " The U. S. , State, or county route
number, if any, shall be shown, or indication given
that the project is located on a county or local
road. Engineering stations may not be used.
Special Highway Planning and Research Projects shall
be identified in this space by project type
(National Pooled Fund Studies (NPFS)) or (Intra-
Regional Cooperative Studies (IRCS) ) and title of
the study.
(6) The spaces under the heading "EFFECTIVE DATE OF
AUTHORIZATION" will be utilized to show the date
✓✓✓ subsequent to which any item of cost set forth in
the spaces specifically labeled under the heading
"PROJECT CLASSIFICATION OR PHASE OF WORK" is
eligible for Federal participation.
(7) The space labeled "OTHER" under the heading "PROJECT
CLASSIFICATION OR PHASE OF WORK" will be used to
set forth a project classification or class of work
not specifically labeled in the spaces immediately
above "OTHER. "
(8) In the spaces labeled "APPROXIMATE LENGTH (Miles) "
the length of preliminary engineering and construc-
tion work will be shown to the nearest tenth of a
mile.
(9) In the space labeled "ESTIMATED TOTAL COST OF
PROJECT" the sum of the estimated costs for all
project classifications or classes of work set forth
above in the agreement as applicable to the
particular project will be entered. For construc-
tion work, the amount entered will be based on the
:.rfir.;rk
Federal-Aid Highway Program Manual Vol . 6 , Ch. 3
Transmittal 174, December 8 , 1975 Sec . 1 , Subsec. 1
b. The FHWA has established, based upon its estimate of
average construction engineering costs to the State,
a schedule of deductions for each day of overrun in
contract time. That schedule follows.
Schedule of Deductions for Each
Day of Overrun in Contract Time
Original Contract Amount
(Or the Engineer 's Estimate
ri , of the Total Construction Cost) Daily Charge
From More Than To and Including %Calendar Day Work Day
$ 0 $ 25, 000 $ 30 $ 42
25, 000 50, 000 50 70
50, 000 100, 000 75 105
100, 000 500, 000 100 140
500, 000 1, 000, 000 150 210
1, 000, 000 2, 000, 000 200 280
2, 000, 000 300 420
A State may establish, based upon construction
engineering costs applicable to projects in that
State, a schedule of liquidated damages in greater
or lesser amounts than prescribed in the schedule
set forth above. If a schedule for lesser amounts
is established, it may be used in lieu of the schedule
set forth above, if the State furnishes the Division
� I Administrator with facts which convince him that the
lesser schedule is sufficient to cover average daily
construction engineering costs on State Federal-aid
highway contracts of similar scope of work and in the
applicable contract amount. If a schedule for greater
amounts is established by a State, that schedule shall
be used in Zieu of the schedule set forth above.
c. When there has been an overrun in contract time, the
following principles apply to determine the reduction
in the amount of the State cost of a project that is
eligible for Federal-aid reimbursement.
y H (1) Where construction engineering is claimed as a
participating item on the basis of actual expenses
--'* .: incurred, the State 's total construction engineering
costs for the total contract construction work
1
•
•
Federal-Aid Highway Program Manual
Transmittal 382, August 20, 1984 Vol. 6, Ch. 3,
Sec. 1, Subsec. 1,
ATTACHMENT 1
C / TO BE COMPLETED BY FHWA p
STATE
•
US Deponent FEDERAL-AID PROJECT AGREEMENT COUNTY aym prOnn
Annan noway
AdmYnRvlbn PROJECT NO.
The State,through its Highway Agency,having complied,or hereby agreeing to comply,with the applicable terms and conditions
set forth in (1) Title 23,U.S.Code,Highways,(2)the Regulations issued pursuant thereto and,(3)the policies and procedures
promulgated by the Federal Highway Administrator relative to the above designated project,and the Federal Highway Adminis-
tration having authorized certain work to proceed as evidenced by the date entered opposite the specific item of work,Federal
funds are obligated for the project not to exceed the amount shown herein,the balance of the estimated total cost being an obli-
gation of the State.Such obligation of Federal funds extends only to project costs incurred by the State after the Federal Highway
Administration authorization to proceed with the project involving such costs.
•
PROJECT TERMINI
•
PROJECT CLASSIFICATION OR PHASE OF WORK EFFECTIVE DATE APPROXIMATE
OF AUTHORIZATION LENGTH(Mite,)
HIGHWAY PLANNING AND RESEARCH(HP&q)
PRELIMINARY ENGINEERING
RIGHTSOF-WAY
CONSTRUCTION
OTHER(Speclry)
C�
FUNDS
ESTIMATED TOTAL COST OF PROJECT FEDERAL FUNDS
$
•
The State further stipulates that a,a condition to payment of the Federal funds obligated,it accepts and will comply with the appli-
cable provisions set forth on the following pages.
(Official name of Highway Agency) U.S.DEPARTMENT OF TRANSPORTATION
By _ 'FEDERAL HIGHWAY ADMINISTRATION
(Title)
By
By
(Diesion Administrator)
(Title)
By Date mauled by
Division Administrator
(Title)
FORM PR-2(REV,1441 PREVIOUS EDITIONS ARE OBSOLETE
1 i
C. /
Federal-Aid Highway Program Manual Vol. 6, Ch. 3,
Transmittal 382, August 20, 1984 Sec, 1, Subsec. 1,
ATTACHMENT 1
AGREEMENT PROVISIONS(Continued)
11. SIGNING AND MARKING. The State highway agency apprenticeship. The contractor will not install,or permit to be installed,any signs,signals,or p agrees to post in conspicuous
markings not in conformance with the standards approved places,available providedt employees t and highway for employment,agency set rag
the Federal Highway 2 U.S.C. notices to o<sons by on State ntion setting
Administrator pursuant to 23 U. C. forth the provisions of this nondiscrimination clause.
C
I09(d)or the State's Certificaterappaicbk,—. b. The contractor will,in all solicitations or advertisements for
12, MAINTENANCE. The State highway agency will 1 employees placed by or on behalf of the contractor,state that
maintain,or by formal agreement with appropriate officials of all qualified applicants will receive consideration for employ
a county or municipal government cause to be maintained,the
.pmioct covered by this"'•'-^'^' -,.-.—...'• mint without regard to race, color, religion, sex or national
s 13. LIQUIDATED DAMAGES. The State origin.
highway agency c, The contractor will send to each labor union or represent-
agrees that on Federal-aid highway construction projects not ative of workers with which he has a collective bargaining -
under Certification Acceptance the provisions of 23 CFR Part agreement or other contract or understanding,.a notice to be
630, Subpart C and Volume 6, Chapter 3, Section I of the provided by the State highway agency the said labor
the
Highway Program Manual, as supplemented, union or workers' representative of contractor's commit-
relative to the basis of Federal participation in the project cost ments under Section 202 of the Executive Order 11246 of
shall be applicable in the event the contractor fails to complete September 24, 1965, and shall post copies of the notice in
the contract within the contract time. conspicuous places available to employees and applicants for
14. IMPLEMENTATION OF CLEAN AIR ACT AND employment.
FEDERAL WATER POLLUTION CONTROL ACT (APPLI. d. The contractor will comply with all provisions of Executive
CABLE TO CONTRACTS AND SUBCONTRACTS WHICH
EXCEED 5100,000h Order 11246 of Sevant er 24, 19 and the rules,
regulations a atrd relevant orders of the of Secretary of Labor.
a. The State highway agency stipulates that any facility to be e. The contractor will furnish. all information and reports
utilized in performance under or to benefit from this required by Executive Order 11246 of September 24, 1965,
agreement is not listed on the Environmental Protection and by the rules, regulations and orders of the Secretary of
Agency (EPA) List of Violating Facilities issued pursuant to Labor, or pursuant thereto, and will permit access to his
the requirements of the Clean Air Act,as amended,and the books, records and accounts by the Federal Highway Admin-
Federal Water Pollution Control Act,as amended. istration and the Secretary of Labor for purposes of investiga-
b. The State highway agency agrees to comply with all of the tion to ascertain compliance with such rules,regulations and
requirements of section 114 of the Clean Air Act and section orders.
308 of the Federal Water Pollution Control Act, and all f. In the event of the contractor's noncompliance with the
regulations and guidelines issued thereunder. nondiscrimination clauses of this contract or with any of such
c. The State highway agency stipulates that as a condition of rules, regulations or orders, this contract may be canceled,
$ Federal aid pursuant to this agreement it shall notify the terminated or suspended in whole or in
art and the
Federal Highway Administration of the receipt of any advice contractor may be declared ineligible for further r Government
indicating that a facility to be utilized in performance under or contracts or Federally assisted construction contracts in
to benefit from this agreement is under consideration to be accordance with procedures authorized in Executive Order
listed on the EPA List of Violating Facilities. 11246 of September 24, 1965,and such other sanctions may
d. The State highway department agrees that it will include or be imposed and remedies invoked as provided in Executive
cause to be included in any Federal-aid to highways agreement Order 11246 of September 24, 1965,or by rule,regulation or
with a political subdivision of the State which exceeds order of the Secretary of Labor,or as otherwise provided by
S100,000 the criteria and requirements in these subparagraphs law.
a.through d. .
g. The contractor will include the provisions of Section
•
15. EQUAL OPPORTUNITY. The State highway agency 202 of Executive Order 11246 of September 24, 1965, in
hereby agrees that it will incorporate or cause to be incorpo-
every subcontract or purchase order unless exempted by rules,
rated into any contract for construction work,or modification regulations or orders of the Secretary of Labor issued pursuant
thereof,as defined in the rules and regulations of the Secretary to Section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each sub-
•
of Labor at 41 CFR Chapter 60, which is paid for in whole
or in part with funds obtained from the Federal Government contractor or vendor. The contractor will take such action
or borrowed on the credit of the Federal Government our• with respect to any subcontract or purchase order as the
want to a grant, contract, tan, insurance or guarantee, or State highway agency or the Federal Highway Administration
undertaken pursuant to any Federal program involving such may direct as a means of enforcing such provisions including
grant, contract, loan, insurance or guarantee, the following sanctions for noncompliance;Provided, however, that in the
equal opportunity clause: event a contractor becomes involved in,or is threatened with
"During the performance of this contract, the contractor litigation with a subcontractor or vendor as a result of such
agrees as follows: direction by the Administration, the contractor may request
a. The contractor will not discriminate against any employee the United States to enter in such litigation to protect the
or applicant for employment because of race,color,religion, interests of the United States."
sex, or national origin. The contractor will take affirmative The State highway agency further agrees that it will be bound
by the above equal opportunity clause with respect to its own
action to ensure that applicants are employed, and that
employment practices when it participates in federally assisted
employees are treated during employment without regard to
their race,color,religion, sex,or national origin. Such action construction work: Provided, that if the applicant so parlici-
shall include, but not be limited to the following: employ- Paling is a State or local government, the above equal
ment,upgrading, demotion or transfer,recruitment or recruit- opportunity clause is not applicable to any agency,instrumen-
ment advertising;layoffs or termination;rates of pay or other tality or subdivision of such government which does not
forms of compensation; and selection for training, including participate in work on or under the contract,
Form PR-2(Rev.1-84) Prevlour editions ere obsolete. 3
\
commissioners. Such general standards shall conform to those
adopted by the state highway commission for the state highway
jrsystem for the corresponding class of road in the state
highway system.
43-2-115. Allocations - reports - grace period. The
state treasurer or any other state officer so designated shall
make complete allocations from highway user revenues to only
those counties which have complied with all the requirements
of this part 1. The state agency or department designated in
this part 1 to receive county reports shall inform the
counties in writing, by certified mail , of any delinquencies
in reporting and shall forward a copy of such notice to the
state treasurer. Delinquent counties shall be allowed a grace
period of sixty days after date of notice in which to rectify
the delinquency. If the required reports have not been
received at the end of the sixty-day grace period, the state
treasurer shall withhold the moneys due to such counties until
he has been informed that the required reports have been
received. Payments withheld will be paid to the counties upon
receipt of the delinquent reports.
43-2-116. Federal aid - matching funds. In the event
that any fund becomes available from the federal government
for expenditure in conjunction with county funds, for the
construction, alteration—repair, or improvement of any roads
in any county, the board of county commissioners of the
respective counties, upon approval by the state department of
highways, may use such funds which have accrued to their
respective counties from the highway users tax fund for the
purpose of matching the federal funds becoming available if
the board of county commissioners of any such county has, by
proper resolution filed in duplicate with the state department
of highways and approved by said department, determined the
road construction, alteration, repair, or improvement to be
performed in such county and the same is found to conform in
all respects to the requirements necessant for the use of such
funds of the federal government ann if all such funds so
available for matching purposes are ex ende my as provided .
by,_law. Any county using highway users tax funds for the
purpose of matching federal funds shall be required to
reimburse the state department of highways for engineering
services rendered by said department in connection with the
expenditure of federal funds.
43-2-117. County line roads - apportionment. If any
proposed county road is on the county line between two
counties, the board of county commissioners of each county
interested shall proceed in the same manner provided in
section 43-2-112, and the board of county commissioners of
each interested county by mutual agreement shall designate the
county road supervisor who shall survey the proposed road and
make the report to said boards in the same manner as provided
in section 43-2-112; and the concurrence of the boards of
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August, 1985
Any person or corporation which injures, defaces, or destroys
any road sign placed on any county road, as provided by law,
shall be punished by a fine of not less than fifteen dollars
nor more than fifty dollars.
43-2-142. Jurisdiction. All courts of record having
jurisdiction of misdemeanors have jurisdiction to try any case
arising from the violation of this part 1 or any provision
thereof.
43-2-143. Obstructing highway view - penalty.
Repealed, L. 81, p. 2019, section 4, effective July 1,
1981.
43-2-144. Intergovernmental highway contracts. (1) The
state highway commission, counties, and municipalities have
the following powers, in addition to powers which they may
already have, to contract with one another concerning streets,
roads, and highways.
(2) The board of county commissioners of any county is
authorized to contract with the state highway commission or
with any city or town within the county, or with both the
state highway commission and a city or town, for the
construction or maintenance, or both, of county or state
highways within the county or within the county and the city
or town. Adjoining counties may also contract with each other
for construction or maintenance, or both, of public highways
where roads in one county may be constructed or maintained, or
both, more economically by an adjoining county.
(3) Towns and cities are authorized to contract with the
state highway commission or with the board of county
commissioners, or with both the state highway commission and
the board of county commissioners, for the construction or
maintenance, or both, of city streets or county or state
highways within the town or city.
f (4) Such contracts may extend for an indefinite period
/ of time. The expenditures to be required each year shall be
/ separately budgeted, and where the contract may extend over
more than one budgeting period, the entire amount required by //
such contract need not be budgeted before such contract is
made„_.-•
(5) Existing valid contracts between the parties
enumerated in subsections (2) and (3) of this section shall
not automatically be voided by the adoption of this part 1 but
are expressly confirmed and ratified; but, upon the agreement
of all parties to a contract, such contract may be modified in
accordance with this part 1.
43-2-145. Highway legislation review - committee. The
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