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Home My WebLink About880046.tiff RESOLUTION RE: APPROVE CONTRACT WITH STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, FOR WORK TO BRIDGE 7/42A OVER THE LITTLE THOMPSON 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 7/42A, said project being identified as BRO 0003 (6) , 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 (6) 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 . 1 ti ,.. BOARD OF COUNTY COMMISSIONERS ATTEST: " ! ( d ,, ) WE(L/yD1 COUNTY, COLORADO Weld County 'Clerk and Recorder xYiSn# RI and Clerk to the Board GeneCR. Bran neirman BY: a 4-`714-7):,-e- ( + � LUY C.W. �Sy, Pr -Tem Deputy County Clerk APPROVED AS TO FORM: c ue h `7 I G 1 C v C unty Attorney Frank Yamaguchi 880046 0979V .yrfl- y/ pc)is BRO 0003 (6) eg - 2 2.8 4 MI . E. OF BERTHOUD AT LITTLE THOMPSON (CO. RD. 7) t CONTRACT THIS CONTRACT, made this 8/A day of Fe6jvo'y , 1988 . 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, PT 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 88107; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, pursuant to The Highway Bridge Replacement and b. M. Rehabilitation Program, a portion of The Surface Transportation k Assistance Act of 1982 , 23 U. S .C. Section 112, as amended (23 CFR i 650 Subpart D) , certain Federal funds have been allocated for 'r replacement or rehabilitation of highway bridges on off-system roads v= 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 E S WHEREAS, these highway improvements and bridges are eligible to ; be improved, replaced or rehabilitated; and 1 i , I i' 880046 6i WHEREAS, Federal-aid funds in the amount of $245 , 600 have been made available for an improvement project, identified as TIRO 0003 (6) for preliminary engineering, right of way, utilities and construction to replace the bridge on Weld Co. Rd . 7 over the Little Ed+l Thompson River , approximately eas4 ;Ics/ss Thom P 4 miles west of Berthoud, Colorado, 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 , 1987, 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 $313 , 140 and is prepared to match said Federal- aid with its share in the amount of $61, 400, plus $6, 14ofor 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 . -2- 880046 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. 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) 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 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 t typical section views and cost estimates . For this submission eleven legible prints of pencil or ink drawings of each structure site, prepared t 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 . - 3- 880046 a r ( 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 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 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 f.. 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 . 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 . (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 -4- 880046 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) , t 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. E 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. t 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 (1981) . (3 ) Two copies of the Local Agency' s detailed PO estimate of cost . The estimate shall be prepared in the form and using the units of work commonly used by the State . -5- 880046 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. Fs 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 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 . (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 . '' -6- 880046 51 ( 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 ) . q . The State will provide access to computer resources on a first-come, first-serve basis as follows : _7- j 880046 i 4 ( 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 . t . 1 7 -8- s 880046 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. 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 . ! 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 P proposal and may not be executed or awarded until the selection of the consultant and -9- 880046 ,; 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 . 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 . -10- i 880046 0o 65. 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 application 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 b 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 ae and the resolution of construction problems that may arise during the construction of the project . -11- 880046 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 . 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 . - 12- 880046 t., 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 1 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 . f M. The Local Agency will maintain and operate the improvements i 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 =F will prepare project charges in accordance with the State ' s • t 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 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 -13- 880046 4 Y-: monthly for the Local Agency share of suchexpenditures . 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 P- 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 services , 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 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 - 14- 880046 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 LIh .. 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 f and assistance provided by the State shall be the sole expense of the Local Agency. The Local Agency shall pay 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 1 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 . -15- 880046 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 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 . -16- 8800 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. STATE OF COLORADO ATTEST: ROY ROMER, GOVERNOR 71:�L r^ /1 By Chief Execu ive Di ector DEPARTMENT OF HIGHW APPROVED: DUANE WOODARD State Controller Attorney General By (; By JA ES A. STRO P BARRY B. RY N Assistant A torney General Natural Resources Section ATTEST: WELD COUNTY, COLORADO 7127:27,teuta.dtpb By By 1(L it g✓( .L«-- 1/25/88 Title Weld County Clerk and Recorder Title Chairman Board of County Commissioners deputy County Cler -17- 880046 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 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. 880046 �1) ,— te PPENDIX 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. 860046 cl April, 1980 C 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 C ntractor ' 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 : yA� 880046 I g• (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 . b -2- 880046 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 A Revised I I-85 page_1- of 2 pages 880046 DC 14MIa KS 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 ' 4 ERNOR B9 E* XECUTIVE DIRECTO' Position (Title) _- -- DEP MENT Spurr!Security Vumini: r i ej eai II)) Number • ' __ (If Corporation:) Attest (Seal) By" — — c'.,rre Tale Sunni ry a„r.vnt,'clerk APPROVALS ATTORNEY ' 'ERAI CONTROLLER By - By 880046 • Pave z of 2 pages DC Ili1 94 395 53Ul 10355i liciDei 3Noi Hello