HomeMy WebLinkAbout910463.tiff RESOLUTION
RE: APPROVE MAINTENANCE CONTRACT WITH STATE DEPARTMENT OF HIGHWAYS FOR PORTION
OF STATE HIGHWAY 392 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 Maintenance Contract between
Weld County and the State Department of Highways, commencing on the date of
signature by the Governor and ending only upon cancellation by either party with
the further terms and conditions being as stated in said Contract, and
WHEREAS, after review, the Board deems it advisable to approve said
Contract, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Maintenance Contract for a portion of State Highway
392 between Weld`County and the State Department of Highways 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 29th day of May, A.D. , 1991.
ATTEST: Ma% BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
Weld County Clerk to the Board �`j/�
Gor o . La�Ey, ' rman
By: 4 4,47/®! ilty
Deputy Clerk t the Boar Geo ge Kennedy, Pro-Tem o
APPROVED A T FORM: "
onstance L. Harbert
r ->C2
County Attorney C. W Kirby
O-119)4
W. H. Webs er
910463
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STANDARD HIGHWAY
MAINTENANCE CONTRACT
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MAINTENANCE CONTRACT
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THIS CONTRACT, made this ��' day of 0/411)‘/J , , 19 /
by and between the STATE OF COLORADO for the use a d benefit of THE
STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, hereinafter
referred to as the State, and WELD COUNTY
, hereinafter referred to
as the Contractor,
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
(Maintenance Section No. ) ; a
nd
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies ; and
s provided in Sections
WHEREAS.43-2-103 , 43-2-104handu43-2-144,aC.R S. ,
43-1-10606 ,, as amended, to
enter into contract with the Contractor for the purpose of maintenance
on the state highway system as hereinafter set forth; and
WHEREAS, this contract is executed by the Contractor pursuant to
an applicable ordinance or resolution duly passed and adopted by the
Contractor , a copy of which is attached hereto and made a part hereof ;
and
WHEREAS, it appears that the Contractor has adequate facilities.
NOW, THEREFORE, it is hereby agreed that:
1. As used herein the word "maintenance" shall mean all of the
normal maintenance duties performed by the State on similar
type highways with similar use.
2 . The State' s District Engineer, or his representative,
respecting interpretation of maintenance standards as
established by the State shall control the work.
3 . Maintenance duties to be performed by the Contractor shall
include but are not limited to:
a. Removal of snow, sanding and salting.
b. Cutting weeds and grasses within the State ' s right of
way.
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c . Cleaning and repairing of ditches and drainage
structures , excluding storm sewers .
d. Patching, making safe, repairing, spot reconditioning,
spot stabilization and spot seal coating, including
shoulders, and damage caused by ordinary washouts .
e. Painting of bridges , other structures and highway
appurtenances .
f . Other work to preserve the roadways and appurtenances,
including fences , with minor repairs to safeguard the
traveling public.
g. To make safe by warning the State ' s representative
and/or repairing any dangerous condition from any cause.
4. The State will reconstruct portions of highways destroyed by
major disasters, fires , floods , Acts of God, and those
portions which cannot be safely or economically maintained.
The Contractor shall give immediate notice to the State' s
District Engineer of the existence of any of said conditions .
S . The Contractor shall advise the State' s District Engineer of
any state highway signing and regulatory devices in need of
repair, and the State will maintain them.
6 . The portions of the state highway system the Contractor
agrees to maintain under the terms of this contract include:
9.58 miles of state highway No. 392
beginning at mile post 39.nn and Pnding at Tuna poet 41. 58
,which is a gravel roadway requiring stabilization, blading and other
normal procedures for gravel surfaces.
N/A miles of state highway No. N/A
beginning N/A
N/A miles of state highway No .
N/A
beginning N A
Total length of roadway to be maintained is
9.58 miles , all situated within the Contractor ' s• jurisdiction.
aees to pay
7 andc 1
theContractorderation fagrees the otogaccepttthehe ssumeofgr $1,615.0O
dollars per mile per year for all approved work, payable in
monthly installments upon receipt of the Contractor ' s
statements .
8 . This contract shall be effective from the date it is signed
and/or approved by all authorized contract signatories in
accordance with State statutes and fiscal rules , including
final approval by the State Controller or his designee, as
evidenced by the date first above written. This contract
shall remain in effect until the parties agree to changes by
a subsequent contract or until terminated as provided herein.
9 . Upon execution of this contract all previous contracts
between the State and the Contractor for maintenance on the
aforesaid portions of the state highways shall become null
and void.
10 . This contract may be terminated by either party upon 30 days
written notice sent by registered, prepaid mail to the other
party.
11. The provisions of this contract shall not be subject to
renegotiation more often than quarterly.
12 . All of the covenants and provisions hereof shall inure to the
benefit of and be binding upon the parties hereto, their
successors and assigns .
13 . The Special Provisions attached hereto are hereby made a part
hereof .
910463
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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: ROY ROMER, GOVERNOR
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By
Chie�Cle Execu ive Direc
le% DEPAR MENT OF HIGH Y
APPROVED :
CLIFFORD W . HALL GALE NORTON
State Controller Attorney General
/') f)
By BY /171-1/14---
B R
Assistant torney General
Natural Resources Section
ATTEST: WaddinBOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld C unty Cler to t e Board
By �� , .40-2-(
BY Aftir-
Deputy Clerk to the Boax�� G. .on E. L c airman ST:19/I
.
31.0463
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Formc..c.o:n SPECIAL PROVISIONS
CONTROLLER'S APPROVAL .
1- This contract shall not be deemed valid until it shall have been approved by the Controller of the Slate of
Colorado or such assistant as he may designate.This provision is applicable to any contract involving the pay-
menu of money by the State.
PUN') 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-
BONWILEQUIREMENT -
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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 fur this Slate,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 aeeeptable.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,:old in atkliliun-shall provide
that if the contractor or his subcontractors fail to duly pay for any labor.materials,lean hire,sustenance,pro-
visions,provendor or other supplies used or consumed by such contractor or his subcontractor in perfonttanee 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 sn 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 cashiers check or a bank money order payable to the Treasurer of the Slate of
Colorado may be accepted in lieu of a bond. This provision is in compliance witlt 38-26-106 CRS, as
amended.
INDEMNIFICATION
_ 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the Slate.its
employees and agents,against
d court awards including costs.expenses.
and attorney fees ncurt das aresult of any claims, liability
act o romiss omission contractor,or its employees,
or assignees pursuant to the terms or this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5- The contractor agrees to comply with the letter and spirit of the Colorado Amidiscrimination Act of 1957.
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as amended,and other applicable law respecting discrimination and unfair employment o^ d Afpractices(2irmati Action,
07-
CRS 1982 Replacement Vol.).and as required by Executive Order,Equal Oppo y
dated April 16, 1975.Pursuant thereto, the following provisions shalt be contained in all State contracts or
sub-con:met.
During the performance of this contract, the contractor agrees as follows:
(I) 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
o physicalat�icap,or
age.The contractor will take affirmative action to insure that app P Y
es
am treated during employment,without regard to the abbe mentioned
�i io edcharacter sttics.transfer,recruitmenthaction
ionsall
include,but not be limited to the following:employment,upgrading,
ng,demotion,forms compensation;and or
recruitment advertising:lay-offs or terminations:rates of pay se.in conspicuous taccs,available
lion for training,including apprenticeship.The contractor agrees to pin P
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 contractors eommittment 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 cott-
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 tabor 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 u n ace.creed,
color• sex, national origin, or ancestry.
(6) A labor organization•or the employee or members thereof wilt ant aid.abet,incite.compel oe elnree
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person
complying with the provisions of this contract or any order issued thereunder-ur attempt.either directly or w� .'1J'-}!Z1'C
indirectly, m commit Inv-aci defined in this contact to he discriminatory. 7 fj�
(/1All the C•'cnt 01 U nr::ctor S non-compliance ooze tuc uon-aau:u:u::uia .,. nr...
tract or with any of Such _.cs.rcgul:LLhonT,or orders.this contract may he r..nccllc.-.<rani
sus-
pended in whole or in pan and the contractor may be-declared ineligible for further Slate contracts in .
accordance with procedures, authorized in Executive Order. Equal Opportunity and Ad"vmative
Action of April 16.1975 and the'rules,regulations,or orders promulgated in accordance therewith.and
such other sanctions as tmry ba 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, of artier: issued pursuant to
will be i Order.Equal Opportunity and r vendor.
T Actie cons of April l to e.such 5o that such provision:
colt be binding upon each subcontractor or vendor.The contractor will take such action with rc+pen to
any subcontracting or purchase order as the contracting agency may direct, as a means of cnfum:ng
such provisions•including sanctions for non-compliance:provided,however,that in the event the con-
tractor becomes involved in,or is thrcataned with,litigation with the subcontractor or vendor a: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 interesttof the Slate of Colorado.
COLORADO LAISOR PREFERENCE _
6 a. Provisions of 8-17-10I E 102,CRS for preference&Colorado labor arc applicable to this contract if public
works within the State zee undertaken hereunder and:arc financed in whole or in pan by State funds.
b. When a construction contract for a public project.is to be awarded to a bidder, a resident bidder shall be -
allo•wed a preference against a non-resident bidder from,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 rcsidcnL if it is determined by the
. ottccr responsible for awarding the bid that compliance with this Subsection.06 may cause dcnial of federal funds
which would otherwise be available or would otherwise be inconsistent with requirements of federal late,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 law:of the State of Colorado and mica and regulations issued pursuant thereto shall be applied in the
interpretation,execution and enforcement of this contract:Any provision of this contract whether or nol'mcor-
puratcd herein by reference which provides for arbitration by any extra-judicial body or person or which is other-
- - - •wise in conflict with said latvs,rules and regulations shall be considered null and void.Nothing contained in any
- _- - -. . provision incorporated herein by reference whiel•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 lane whether by way of complaint,defuse 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.
E. 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.and 9. The signatories .(Abuse of Publi aver that c Office)ey arc ,CRSr with 1978 Replacement Vo.,and dal no violationntof uch pro.
and I R-8-x01-cat.seq..
visions is present -' - '
t0. The signatories aver that to their knowledge,ho slate employee has a personal or beneficial interest what-
soever in the service or property described herein: ' -
N WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above
• Contr.
(Full Lego e) STATE OF COLORADO RICHARD D. LAMM, G _ (NOR
By
XECUTIVE DIRECTOR
Position (Title)
DEM - 'NT
sc..:s..-..r!hot,n c.+..+um.sn—n.. OF
(if Corporation:) . . _ .
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Attest(Seal)
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Qy' w_�..Serener.n w.wnuul.I rc—r awe
APPROVALS
ATTORNEY r RAL . CONTROLLER
fly— By
•- �e_
MEMORAnDum
1 � 1 To Ma 22, 1991
IIIlk Clerk to the Board Y
Date
Drew Scheltinga, County Engineer ,(�9
COLORADO From \�
Agenda Item
Subject:
Please place the following item on the Board's agenda for Wednesday,
May 29, 1991:
Standard Highway Maintenance Agreement between Weld County and
the State Department of Highways for a portion of State
Highway 392
Attached are five contracts for signature and approval.
DS/mw:m392.mrw
Attachments
cc: Commissioner Harbert
State Department of Highways File
Hwy 392 File
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