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HomeMy WebLinkAbout790998.tiff RESOLUTION RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND THE STATE DEPARTMENT OF HIGHWAYS CONCERNING INVENTORY OF COUNTY BRIDGES. 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, an agreement between Weld County and the State Department of Highways has been presented to the Board of County Commissioners of Weld County, Colorado, and WHEREAS, said agreement concerns the inspection, rating and inventory of bridges in Weld County, and WHEREAS, Weld County, Colorado will provide 20% of the matching funds, and WHEREAS, the Board of County Commissioners deems it advisable to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners that the agreement between Weld County and the State Department of Highways be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLORADO (Aye) Norman nn Carlson, Chairman t Vll .C.rl 4z %irifiA, ye) Lydi unbar (ABSENT) C. W. Kirby (ABSENT) Le nard L. Roe rte.. ,.' Zed l: ' t4Aye) i{r— �4^4^- Te( tiwit it eJk1 K. Steit�mark ATTEST: __ a Weld County Clerk and Recorder an$-- 17k to the Bow D puty County erk AP R ED AS TO County Attorney 790998 DATE PRESENTED: NOVEMBER 7, 1979 BR& OO :�(9) ~ _ PC !(r /Y7 (WELD COUNTY) DEPARTMENT OR AGENCY NUMRFR BRIDGE INSPECTION PROGRAM 28 00 00 WITH REIMBURSEMENT BY CONTRACT ROUTING NUMBER LOCAL AGENCY FOR .DON 8O--/z 7 CONSULTANT WORK CONTRACT / THUS CONTRACT, made this /o� day of NUI/F i1? .6C'Y 1971., 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 WELD COUNTY, COLORADO hereinafter referred to as the Local Agency or 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 80141 and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, pursuant to the Surface Transportation Assistance Act of 1978 , 23 U. S .C. Section 144, as amended (23 CFR 650 . 401) certain .Federal funds have been allocated for the inspection, rating and inventory of bridges on the -Federal-aid urban system and on off-system roads, hereinafter referred to as the work; and WHEREAS , pursuant to the aforesaid laws and regulations , bridges on the urban system and off-system are eligible to be inspected, rated and inventoried under the program at no cost to the State; and WHEREAS, Federal-aid funds in the amount of $ 121,101.00 have been made available for a bridge inspection project , identified as BRO 0000(8) consisting of the work on 368 off-system bridges in Weld County, Colorado ; and WHEREAS, the State has received a letter of intent from the Local Agency, wherein the Local Agency has concurred in its portion of the project; and WHEREAS, based on such concurrence, the State has prepared a D.O.H. Form 463 setting forth initial design data and including estimates of the cost of this project ; which data and estimates have been approved by the Local ARencv; and WHEREAS, the matching ratio for this Federal-aid nroiect is 80 . 007 Federal-aid funds to 20 . 007 Local Agency funds , it being understood that such ratio applies only to such costs as are .. . . _J , u. g , , d u a iiiii___________ LO J o- I Lo W of _ co - a1 - I I- Of 0 I C'Y) Ill a z o I I> ¢ o .. U ou°�i ¢ `I7� \I Io Iw ' J 'At g,,' O V?- ¢ may lO p!›, w 3> � \\ XY yy� LL g io to I4lai¢ 3� 3a'.' i' \ 1�1 h" yc _a? - o a Rim' a t. o I' 301Atl3S 1d1303tl Ntl013tl ° W a N. 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M m . - .1E1 U < \ < a Az ^ D • W b-.4 r7 (Ni \ T C N/ 4 di p PS Form 3811,Aug,1918 RETURN RECEIPT.REGISTERED.INSURED AND CERTIFIED MAIL • ' eligible for Federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100`/; and WHEREAS, the Local Agency has estimated the total cost of said work to be $ 151,376 _ and is prepared to match said Federal-aid with its share in the amount of $ 30,275 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 or in lieu of an appropriate ordinance or resolution, the execution of this contract by its authorized representative(s) establishes the authority under which the Local Agency enters into this contract; and WHEREAS, the State intends to engage the services of a con- sultant to perform the work under this project; and WHEREAS, this contract is executed by the State under authority of Sections 43-1-102, 43-1-106, 43-2-1O1(4) (c) and 43-2-144, C.R. S . 1973, as amended; and WHEREAS, the parties hereto desire to agree upon the division of responsibilities with regard to this project. NOW, THEREFORE, it is hereby agreed that: A. The State will provide liaison with the Local Agency through the State 's Bridge Engineer, located at 4201 E. Arkansas Ave. , Denver, CO 80222 . Said Bridge Engineer will also be responsible for coordinating the State ' s activities under this contract. B. The State shall be responsible for the admin- istration of the consultant 's work for the project, with periodic inspections by the FHWA. Administration shall include, but not be limited to, monitoring the field in- spections , ratings and inventory data, pre- pared by the State ' s consultant , for accuracy and completeness . C. The State will administer the Local Agency and Federal-aid funds for this project in accordance with the following provisions : -2- • The State will prepare estimates of costs incurred by the State ' s consultant for work performed relative to the project . The State will prepare said estimates in accordance with the State' s standard policies and procedures . As funds are expended during the course of the work, the State will bill the Local Agency for the Local Agency share of such expendi- tures . 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, as applicable, a final recapitula- tion of the State ' s consultant ' s costs to the Local Agency and a final billing for the balance due of its share of participating costs plus all non-parti- cipating costs . Upon receipt of each bill from the State, the Local Agency will remit to the State the amount as billed. Interim funds, until the State is reimbursed, shall be payable from State Highway Supplementary Fund (2001) . D. The parties hereto agree that this contract is con- tingent 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, this 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 . E. The term of this contract shall continue through the completion and final acceptance of this project by the State, FHWA and Local Agency. -3- • F. During the performance of all work under this con- tract, 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. G. The Special Provisions attached hereto are hereby made a part of this contract. H. This contract shall inure to the benefit of and be binding upon the parties, their successors , and assigns . -4- IN WITNESS WHEREOF, the parties hereto have caused the fore- going contract to be executed the day and year first above written. STATE OF COLORADO RICHARD D. LAMM GOVERNOR STATE DEPARTMENT OF HIGHWAYS JACK KINSTLINGER EXECUTIVE DIRECTOR ATTEST: DIVISION OF HIGHWAYS > . � ."1 4 C� ��-z'L..-rte By Chief Clerk E. N. HAASE Chief Engineer APPROVED: APPROVED: DAN S . WHITTEMORE J. D. MACFARLANE State Controller Attorne neral B iO uv I ,.;(41ral ez,-.i (COUNTY) OF WELD ATTEST: U COLORADO COUNTY CLERK AND RECORDER -_AND CLERK TO THE BOAT D ' ,„,1rcvJ (COMMISSIONERS) Deputy County Cleric — -e —) /-ZA _ C. W. KIRBY ABSENT LEONARD ROE ABSENT -5- November , 1977 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, 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 employment 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 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 possission 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 non-discrimination 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- Form 6-AC-02B SPECIAL,•PRO V ISIONS • CONTROLLER'S APPROVAL I. 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 payment 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 ten thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, 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, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in peformance 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 made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city,town,village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in 8-16-101, CRS 1973, as amended. 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 (24-34-301, CRS 1973, as amended), 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: (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 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 advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and selection 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 contracting 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 discriminate 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. page / of 2 pages -a Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or , with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended 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 paragraphs (1) through (8) in every sub-contract and sub-contractor 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 sub-contractor 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, inct'.ping sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in sr it, threatened with, litigation with the subcontractor or vendor as a result of such direction by the ce -tirg agency, the contractor may request the State of Colorado to enter into such litigation to protect t'sL interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall he Lppiied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or winch is otherwise 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 otherwise. 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), C.R.S. 1973, as amended,and that no violation of such provisions is present. 9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above writte . STATE OF COLORADO RICHARD D. LAMM, GOVERNOR By Contractor __— _. _ *sEXECU'fIVE DIRECTOR. DEPARTMENT Position ---_—_._-- -- OF Social Security Number or Employer I APPROVALS ATTORNEY GI(NE RAI. _ __... — (ONTR .LER By � � s Page 2 which is the last of_ 2 pages BRO 0000(8) WELD COUNTY STATE DEPARTMENT OF HIGHWAYS JACK KINSTLINGER =''"d.`' EXECUTIVE DIRECTOR §C 0 .DIVISION OF HIGHWAYS 0 COLORADO STATE PATROL E. N. HAASE ' "C "" COL. C. WAYNE KEITH. CHIEF ENGINEER iv sims H,,�`�E CHIEF STATE or COLORADO 4201 EAST ARKANSAS AVENUE • DENVER, COLORADO 80222 • (303) 757.9011 December 2, 1979 c.�ow w tV°' c Mr. Norman Carlson, Chairman Board of County Commissioners Weld County P. 0. Box 459 Greeley, CO 80631 Dear Mr. Carlson: Enclosed is a fully executed agreement between the Department of Highways and Weld County to inventory, inspect, and rate Off-Systems bridges in Weld County. The City of Greeley and the Town of Johnstown are also included in this project. As of this date we have not received their signed local entity agreement. After we receive their agreements, we will issue the Consultant a notice to proceed. Thank you for your cooperation in this program. Very truly yours, E. N. HAASE Chief Engineer By -)c.cv(p (,41464 tici Paul Chuvarsky, P.E. Staff Bridge Engineer PC:pw Attachment BRO 0000(8) --Bridge Inspection Progr (Weld Co. ) RICH R:i U LA!.1'.1 STATE OF COLORADO STATE DEPARTMENT OF HIGHWAYS JACK KINSTUNGER 4201 EAST ARKANSAS AVENUE ExEC'TVE DIRECTOR DENVER, COLORADO 80222 DOH File: 09201 .6 TO: P. Chuvarsky FROM: D. L. Vernon • RE: Project Agreement with Weld County DATE: October 19, 1979 Attached for transmittal to Weld County are 4 copies of the above captioned agreement. One copy is for their review. If changes are necessary, the review copy should be used for written corrections and all copies returned to Staff Bridge Design. If the contract is approved, please instruct the Local Agency as follows: • 1. Sign all executory copies of the agreement by the person/persons authorized to sign for the Local Agency. 2. Attach the ordinance or resolution. (When called for in the agreement). 3. If the ordinance or resolution contains a dollar figure, the amount in the resolution must not be less than the amount of the Local Agency' s contri- bution , as shown in the agreement. 4. If the resolution is attested, the contract shall also be attested by the Local Agency. 5. Do not date the first page. 6. One copy to be retained by the Local Agency. The 3 signed executory copies to be returned to Staff Bridge Design for further transmittal to Mr. Tom Larimer, Rm. 282, Headquarters Bldg. , Denver, CO 80222. • D. L. VERNON Staff Design Engineer ByitT. A. LARIMER Agreements & Specifications Engineer TAL/cs Attach. cc: Vernon/Kasenga T. A. Larimer File BRO 0000(8) WELD COUNTY STATE DEPARTMENT OF HIGHWAYS JACK KINSTLINGER % EXECUTIVE DIRECTOR Se e DIVISION OF HIGHWAYS " am COLORADO STATE PATROL E. N. HAASE Y` .r�..... w COL. C. WAYNE KEITH. CHIEF ENGINEER NQ siroENoc^‘Na CHIEF STATE OF cOLOFAOO 4201 EAST ARKANSAS AVENUE • DENVER, COLORADO 80222 • (303) 757(9011 October 19, 1979 �`� C# !.— Mr. Norman Carlson, Chairman Q;\ 1g1g !� Board of County Commissioners ? dC\ ?." i'-'' Weld County gyp. P. O. Box 459 Greeley, CO 80631 aSE' Dear Mr. Carlson: Enclosed are copies of an agreement to be executed between the Department of Highways and Weld County to provide payment to inventory, inspect, and rate bridges in your county. The agree- ment also stipulates that Weld County will provide the 20% matching funds. Richard Weingardt Consultants, Inc. , the firm selected to do the work in Weld County, is in the process of signing an agreement to do the work for $151 ,376. This amount is considerably less than the maximum cost that we established for Weld County. The reduced cost is reflected on the agreements. I have also enclosed a copy of a memo from D. L. Vernon to me that explains the actions required by you. Please ignore Item No. 2, since you sent a copy of a resolution with your letter of intent. Thank you for agreeing to participate in this program and please call me if you have any questions. Very truly yours, E. N. HAASE Chief Engineer By Pe1/444411441/ Paul Chuvarsky, P.E. Staff Bridge Engineer PC:pw Attachments cc: D. M. Bower Hello