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HomeMy WebLinkAboutR94-095 State of Colorado for upgrade of willits lane intersectionCommissioner OM 40 roaJ2.4 moved adoption of the following Resol tion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - gs APPROVING THE CONTRACT BETWEEN THE COUNTY OF EAGLE AND THE STATE OF COLORADO RE THE UPGRADE OF WILLITS LANE INTERSECTION WHEREAS, the County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter "the Board "), desires to enter into a contract with the State of Colorado for the use and benefit of the Department of Transporta- tion; and WHEREAS, the purpose of this Contract is for additional construction to upgrade the intersection of State Highway 82 and Willits Lane, (hereinafter referred to as "Project ") located within Eagle County; and WHEREAS, the Board represents it is duly authorized to enter into this Contract pursuant to Section 30 -11 -101, 10 -11 -103, 30 -11- 107, and 43 -2 -144, C.R.S., as amended; and WHEREAS, the County has designed the additional construction, and estimated the total cost of said additional construction which is the subject of said Contract; and WHEREAS, the Board has entered into a Cost Sharing Agreement ( "Agreement ") with City Market /Mid - Valley Development Co. and Sopris Meadows I, II and III, Inc. to share the cost of the construction of said intersection. The cost of said intersection, which is the subject of this Contract, shall be borne by the parties to the Agreement as follows: City Market /Mid Valley Devp. Co. 44 percent Sopris Meadows Inc. 36 percent Eagle County 20 percent. WHEREAS, said parties to the Agreement shall pay their percentage of monies to Eagle County; Eagle County will, pursuant to the Agreement, pay said percentage of monies directly to the State for the cost of said intersection. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby approves the Contract with the State of Colorado for the use and benefit of The Department of Transporta- tion for additional construction to upgrade the intersection of State Highway 82 and Willits Lane. THAT, monies collected from the parties to the Agreement will be paid directly by the Board to the State for the cost of said intersection. THAT, the Board will pay to the State 100% of the estimated costs of the project which is the subject of said contract. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State Colorado, at its regular meeting held the _//� day of _� 1994. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF ATTEST: ffi a + COUNTY COMMISSIONERS By Clerk to the Board of Johnnette Phill s, Cha rman County Commissioners E. John,%6n, George A. Gates, Jr., Commissioner Commissioner In k seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Phillips Commissioner Johnson Commissioner Gates file sub #93 -87 r \willits.con -3- STR- STA(CX) 082 -1(20) BLUE LAKE - EAST REGION 3 (LUMP SUM) CONTRACT THIS CONTRACT, made this day of 19 by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State, and the COUNTY OF EAGLE, STATE OF 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 of project and Local Agency costs in Fund Number 400, Organization Number 9991, Appropriation Code 010, Program 2000, Function , Object 2312 1 N, Reporting Category , Contract Encumbrance Number 92030 [00] C (State Contract Encumbrance Amount $0) ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, Local Agency funds have been made available for a portion of the State project identified as STR- STA(CX) 082 -1(20) for additional construction to upgrade the intersection of SH 82 and Willits Lane in Eagle County, Colorado, hereinafter referred to as "the work ", which is more fully described in the State's Project Contract Modification Order (CMO) which is made a part hereof by this reference;. and WHEREAS, the Local Agency will fund 100 percent of. the cost of the additional construction; and WHEREAS, the Local Agency has designed the additional construction, and estimated the total cost of the work and is prepared to provide 100 percent of the costs as evidenced by an appropriate 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; and WHEREAS, said ordinance or resolution also establishes the authority under which the Local Agency enters into this contract; and WHEREAS, this contract is executed by the State under authority of Sections 24 -92 -101, et seq., 29 -1 -203, 43 -1 -110, 43 -1 -116, 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 the work; and NOW, THEREFORE, it is hereby agreed that: I. STATE COMMITMENTS A. The State will provide liaison with the Local Agency through the State's Region Transportation Director, Region 3, located at 222 South 6th Street, Room 317, Grand Junction, Colorado 81501 -2769. Said Region Director will also be responsible for coordinating the State's activities under this contract. B. The State shall issue a CMO to its project construction contract and pay the contractor for the additional construction to upgrade the SH 82 /Willits Lane intersection within the jurisdiction of the Local Agency, hereinafter referred to as "the work ". The State, by its employees, agents, or contractors, shall be solely responsible for performance and completion of the work. C. On completion of the work, the State will schedule a final inspection of the work with the construction contractor and the Local Agency. Based upon that inspection, the Local Agency will indicate in writing its concurrence or non - concurrence of the satisfactory performance of the work. Performance of the work in accordance with the plans and specifications will be deemed to be satisfactory. Upon satisfactory performance of the work, the State will effect contract close out procedures, including advertising for and settlement of claims. D. The State shall maintain all books, documents, papers, -2- 1 "3 accounting records, and other evidence pertaining to costs incurred for the work and shall make such materials available for inspection at all reasonable times during the project period and for three(3) years from the date of final payment by the Local Agency to the State. Copies of such records shall be furnished to the Local Agency upon request. II. LOCAL AGENCY COMMITMENTS A. The Local Agency will provide 100 percent of the costs of the work as described in the subject Project CMO. B. The Local Agency will comply with the following: 1. The Local Agency will prepare revised construction plans for the work. 2. The Local Agency will be responsible for the plans being accurate and complete. C. The Local Agency shall be responsible to perform acquisition and relocation assistance for the project, as required by Section 24 -56 -101, et seq., C.R.S. However, if the State determines that such performance by the Local Agency will jeopardize or is jeopardizing distribution of federal assistance funds, or that action by the State is necessary to comply with federal policy or procedures, then the State, in its discretion, may perform the acquisition and relocation assistance itself or may supervise and direct the Local Agency in the performance of such acquisition and assistance. Prior to taking such action, the State will provide written notice to the Local Agency of the basis of such determination or action and will meet with the Local Agency to discuss possible remedial measures. D. The Local Agency represents and warrants that it has taken all actions that are necessary or required by internal procedures and bylaws, and applicable law, to properly authorize the undersigned signatory for the Local Agency to lawfully execute this contract on behalf of the Local Agency and to bind the Local Agency to its -3- Y terms. III. GENERAL PROVISIONS A. The parties have agreed to a fixed amount of $140,964.90 as the cost of the work, including construction engineering and contingencies. The Local Agency will remit to the State a lump sum of $140,964.90 within 30 days after execution of this contract. B. Should the Local Agency fail to pay moneys 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 (400). C. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from Local Agency sources. Should the 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. D. The term of this contract shall continue through the completion and final acceptance of this project by the State, FHWA and Local Agency. E. 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. F. The parties hereto agree to the provisions of the Gm y Colorado Governmental Immunity Act, Section 24 -10 -101, et seq., C.R.S. as amended. 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. -5- IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATTEST: STATE OF COLORADO ROY ROMER, GOVERNOR By Chief Clerk AT </ Clerk o the Board of County Commissioners By Executive Director DEPARTMENT OF TRANSPORTATION COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: f: hnnette cm w. Note: The attached resolution must contain the following: A. The local agency's percent ( %) contribution of the total estimated dollar amount. B. Authorized signatory. C. Local Agency's approval of the contract. • • • I � APRIL, 1980 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, 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 Transportaion relative to nondiscrimination in Federally- assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations "), which are herein incorporated by reference and made a part of this contract. for B. Nondiscriminatio The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate 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 employment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts, Including P and Equipment. In all solicitations 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 provide all information and reports requied by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. 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. page 1 of 2 pages SPECIAL PROVISIONS _.. CONTROLLER'S APPROVAL 1. This contra shall not be deemed valid Until it shall have be= approved by the Controller of she State of Colorado or such assistant as be may deignam. This ct provision is applicable many contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted, and otherwise made available. .. ;: ,t: _ ... .. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollar for the construction, emmim repair, mamtensnce. m mprovement of any building. road, bridge, viaduct, tame[, excavation or other public work for this State. the contractor shill. hefroeonteriug Upon the performance of any such work included in this concoct, duly execute and deliver to the State official who will sign the convam, a good.and sufficiew bond br other acceptable surety to be approved by said official in a penal sum not less than me -half of the total amount payable by the mums of this ox n=L Such bond shall be duly executed by a qualified corporate surety conditioned upon the 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, sustm=ce provisions, provendor or other supplies used or consumed by such co nacessor his subcontractor in performance Of the work contracted to be done or fails to pay my person who supplies rental machinery. tools. or-equipment in pmmentim of the work the suety will pay the same in an amount not exceeding the sum specified in the bond. together with interest at the ram of eight percent per ammn. Unless such bond is executed delivered and filed. no claim in favor of the contractor arising under such contract shall be audited.allowed Unpaid. 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 compliamewith CBS 39- 26106. INDEMNIFICATION 4. To the extcot.amborixed by law, the contractor shall indemnify, savoe and bold harmless the State, its employees and agents, against say 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. subwntnema, or assignees pursuant to the terms of this coronet. ' +� .• r:..- . DISCRIMINATION AND �AFFIRMAITVEAC ION .. "'.. - tr •o.. r ..;,;, - . 5. The contracmr agms m comply with the leatrand spirit of the Colorado Antidiscrimination Act of 1957. as amended, and other applicable law respecting discriminati and unfair employment practices (CRS 2434- 402). and as required by Fsttvtive Order. Egaa1OPPonmity an d Affirmative Actin. dated April 16. 1 975. Pursuant thereon. the following provisions shall be contained in all state contraecr o►sub- contracts. .. - _ _ Doting the performance of this contract the contractor agrees as follows: (a) The contractor will not disesiminatn against any employee or applicant for employment because of race, creed. color, tai onal origin, sex. marital status. raWas , ancestry. —1 orphysial baodieap, or age. The coomamwit tale affirmative-action to* that applicants are employed, and that employees are trpttd dosing employmneta, withtas regard n the above mentioned`elma�m Sods mctim shall iaolode, but not be limited m the following: employment upgrading. demotion, or transfe tmrm ulm m t or amment adverdsiign lay-00 ortx>mimrions; cams of pay or attrt fours of compensatiO and Mien fir training, including apprenticeship. The contractor agrees to post is rnmpicmos Places. available re employees and applicants for employment.. mrimes to be provided by the collecting officer semmg forth previsions of this mn-diamiimnatianclausc (b) 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 considerati foremployment withoutregard to race, creed. color. national origin. set marital st— re)igiao, ancestry, mental." Physical handicap. or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or un dennaDdin & notice to be provided by the contracting officer, advising the labor Union or workers' representative of the contractor's commitment under the Executive Order. Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor mills will famish all information and reports required by Executive Order, Equal Opportunity ind Affiimative Action of April 16. 1975. and by the roles, regulations and Orders of the Governor, or pavans thereto. and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor Of his designee for purposes of investigation to ascermin.eompliaax with su eb roles, regulations and orders. (e) A labor organization will not exclude any individual otherwise qunlifed from full membership rights in such labor Organization. or expel any inch individual from membership in such labor organization or discrimi ate against any of its members in the full enjoyment of work oppatmity because of race. cad, color. sex. national origin, or ancestry. ' . (f) A labor organization. or the employees or members thereof will not aid. abet incite, compel or coerce the doing of any act defined in contract to be discriminatory or obstructor prevent any person from complying with the provisions of this d»uaact many order issued thereunder, or attempt either directly m indirectly, to commit any act defined in this contract to be discriminatory. Form 4AC -02B Revised 1193 395-53 -01 -1022 page I of. 2 pages . .