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
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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
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