HomeMy WebLinkAboutC88-034 Contract with Dept. of Highways5TATE OF COLORADO
DEPARTMENT OF HIGHWAYS ENT opy
222 South Sixth Street, P.O. Box 2107
Grand Junction, Colorado 81502-2107
(303) 248-7208 MPCC 44-0006-04 .110 t 0
AVON - EAST
RPR is 1988
April 14, 1988
EA,GLE COUNTY
Mr. Bud Gates, Chairman
Eagle County Commissioners
P. 0. Box 850
Eagle, CO 81631
Dear Mr. Gates:
z9a• ,
Attached is your fully executed copy of the contract dated
April 6, 1988, in connection with the above project.
TM: db
Attachment
xc: Moston/Perske
Sherman (w/attach.)
Nelson (w/attach.)
file (w/attach.)
Very truly yours,
R. P. MOSTON
DISTRICT ENGINEER
B
om H. Moore
O.S. Project Coordinator
MP -CC 44- 0006 -04
AVON -EAST
CONTRACT
THIS CONTRACT, made this c4 /,4 day of �Ori 19 8 8 , 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 EAGLE, STATE OF COLORADO, hereinafter
referred to as the contractor or 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
88820; and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the State anticipates a project for preliminary
engineering and construction for improvements to SH 6 from milepost
170.0 to milepost 172.2 in Eagle County, Colorado, hereinafter
referred to as the work; and
WHEREAS, the State and Local Agency consider it to be in their
mutual interest to cooperate in accomplishing the work; and
WHEREAS, the State Highway Commission on December 17, 1987, gave
approval for the State to enter into a contract with the Local Agency
for Project MP -CC 44- 0006 -04, thereby accepting Local Agency funds for
a portion of the work; and
WHEREAS, the State and Local Agency desire to agree upon certain
responsibilities with regard to the work; and
WHEREAS, the combined projects for construction will be Projects
MP -CC 44- 0006 -04 and CXMP 44- 0006 -05; and
WHEREAS, this contract is executed by the State under authority of
Section 43 -2 -144, C.R.S., as amended and by the Local Agency under the
authority granted in its ordinance or resolution, attached hereto and
made a part of this contract.
NOW, THEREFORE, it is hereby agreed that:
M
1. The State will provide liaison with the Local Agency through
the State's District Engineer, District 3, located at 222
South 6th Street, Grand Junction, CO 81501. Said District
Engineer will also be responsible for coordinating the
State's activities under this contract.
2. The State by its employees, agents or construction
contractor, shall be responsible for the performance and
completion of the work.
3. The Local Agency shall contribute to the State an amount not
to exceed $100,000 for a portion of the costs incurred by the
State in the performance and completion of the work unless
such amount is increased by a written supplement to this
contract.
4. Payment to the State by the Local Agency shall be a lump sum
of $100,000 for the Local Agency's share of the project
costs, payable within 30 days after the finalization of this
contract.
5. In the event the State and Local Agency funds which are made
available for the project are insufficient to complete the
total project as heretofore defined and no additional State
or Local Agency funds are available, the scope of the project
may be redefined and reduced by the State to the extent
necessary for completion with the total available funds.
6. The parties hereto agree that this contract is contingent
upon all funds needed for the project hereunder being made
available from State and Local Agency sources. Should these
sources, either State or Local Agency, fail to provide
necessary funds as agreed upon herein, this contract may be
terminated by either party. Any party terminating its
interests 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. After the construction contract has been
awarded and the construction contract is fully executed, this
contract may not be terminated until the construction is
completed and final bills are paid in full.
-2-
7. The State agrees to make all project records available to the
Local Agency in the event the Local Agency desires to audit
same for cost verification purposes.
8. The Local Agency's funding for the work shall not be derived
from its share of the Highway Users Tax Fund.
9. Interim funds, until the State is reimbursed, will be payable
from the State Highway Supplementary Fund (2001).
10. The term of this contract shall continue through completion
of the work by the State and receipt of final payment from
the Local Agency.
11. This contract shall inure to the benefit of and be binding
upon the parties, their successors and assigns.
12. The "Special Provisions" attached hereto are hereby made a
part hereof.
IN WITNESS WHEREOF', the parties hereto have executed this contract
the day and year first above written.
ATTEST:
Chief C2o!le
APPROVED:
State Controller
By\.7—
JAMPIS A. STROUP
STATE OF COLORADO
ROY ROMER, GOVERNOR
B 4Execu 6Wy A
v e Director—;-k—�ZT
YS
DEPARTMENT OF HIGHWAYS
DUANE WOODARD
Attorney General
By
IfMff Y B. R4AN
Assistant tto�r/ney General
Natural Resources section
EAGLE COUNTY, COLORADO
By Chairman
Title Board of Commissioners
-4-
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 page- of Z_ pages
Revised 11 -85
Commissioner A,e21 k moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 88-
CONCERNING HIGHWAY 6 IMPROVIIMENTS NEAR AVON, COLORADO
WHEREAS, the County of Eagle, State of Colorado ( "the
County ") and the State Department of Highways ( "State ")
consider it to be in their mutual interest to accomplish the
widening of the pavement of certain parts of Highway 6 near
Avon, Colorado, in order to better accommodate both bicycle
and vehicular traffic; and
WHEREAS, the County and the State planned such a project
which is more specifically described in the highway department
plans for Projects MP -CC 44- 0006 -04 and CXMP 44- 0006 -05 ( "the
Project "); and
WHEREAS, the County has previously budgeted and currently
holds in its accounts funds in an amount not to exceed $100,000
for the purpose of meeting its agreed -upon contribution to the
project; and
WHEREAS, the source of said budgeted funds is not the
Highway Users Tax Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the County of Eagle, State of Colorado, by and
through its Board of County Commissioners, enter into a
contract with the State of Colorado for completion of the
Project.
THAT, the Chairman of the Board of County Commissioners
is hereby authorized to sign said contract on behalf of the
Board.
MOVED, READ AND ADOPTED by the Board of County Commis-
sioners of the County of Eagle, State of Colorado, at its
regular meeting held the / day of F °' 1988.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:� X/aet�
Georg . Gates, Chairman
Donal H. Welch, Commissioner
Commissioner Q L4.: C0 N1 seconded adoption
of the foregoing resolution. The roll having been called, the
vote was as follows:
Commissioner George A. Gates _ 6
Commissioner Donald H. Welch i-
Commissioner Richard L. Gustafson ce,.
This Resolution passed by (ffi/ %OILS vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
-2-
