HomeMy WebLinkAboutResolution-1974-0309
Introduced by Alderman
Donaldson
RESOLUTION NO. 309
Series of 1974
WHEREAS, the City of Wheat Ridge is eligible to receive
grant funds for a bridge replacement at West 44th Avenue at Clear
Creek pursuant to the Federal Aid Urban Street Systems Program
under Title 23 United States Code, and
WHEREAS, the State of Colorado Department of Highways
administers the Federal Aid Urban Systems Program; and
WHEREAS, an agreement is desirable by and between the
State of Colorado and the City of Wheat Ridge concerning the
supervision of competitive bidding, award of contract, and super-
vision of construction of the bridge, and
WHEREAS, the State of Colorado has caused such an
agreement to be prepared to incorporate State and Federal require-
ments for the project, and
WHEREAS, the City of Wheat Ridge has determined that such
agreement with the Colorado Division of Highways is in the best
interests of the City,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the
City Administrator of the City of Wheat Ridge are hereby authorized
and directed to execute three counterparts of said proposed Agreement
on behalf of the City of Wheat Ridge, Colorado, and to forward such
co~nterparts to the Colorado Department of Highways.
DONE AND RESOLVED this 15th day of May
by a vot e of 4 to 1
A. D., 1974,
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Paul ~/Abramson, Ph.D./
Mayor
ATTEST:
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M 7833 (" \
Clear C~~ek @ 44th Ave.
~~~~~ (Wheat Ridge)
STATE DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS - STATE OF COLORADO
AGREEMENT WITH CITY OF ~RXIlGfX W'1eat Ridge
FOR BRIDGE REPLACEMENT PROJECT
ON THE FEDERAL-AID URBAN SYSTEM
THIS
AGREEMENT, entered into this C1 j...?Jf'day of ~~
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and between the STATE DEPARTMENT OF HIGHWAYS, DIVISION
,
19 71 by
OF HIGHWAYS, STATE OF COLORADO, hereinafter referred to as the
Wheat Ridge
"Division," and the CITY OF ~':I:~, STATE OF COLORADO,
hereinafter referred to as the "Local Agency."
WITNESSETH: That
~VHEREAS, this Agreement is executed by the Division under
authority of Chapter 120, Article 2, Section 6, CRS 1963, as
amended, and by the Local Agency pursuant to an applicable ordinance
duly passed and adopted by the Local Agency, a copy of which is
attached hereto and made a part hereof by reference as EXHIBIT
"A"; and
WHEREAS, pursuant to Title 23, United States Code, and the
regulations promulgated thereunder, certain Federal Funds have
been, and will in the future be, allocated for the improvement
of certain streets on the designated Urban System and which
are not on any other Federal-Aid System, such program being
hereinafter refer~ed to as the Urban Program; and
WHEREAS, pursuant to the aforesaid laws and regulations
promulgated pursuant thereto, streets on the Urban System are
eligible to be improved under the Urban Program; and
WHEREAS, Urban projects must be located on the Urban System
which is selected by the appropriate local officials, with the
concurrence of the Division; and, in urbanized areas, in
accordance with the comprehensive urban transportation planning
process; and
WHEREAS, the Urban project as described in EXHIBIT "B"
attached hereto and made a part hereof, was among the con-
struction projects which were approved by the Executive
Committee of the Special Committee on Urban System Allocations
for the Denver Regional Council of Governmentsi and
WHEREAS, the par~ies hereto desire to agree upon certain
responsibilities relating to the design, construction, and
maintenance of said project as described in EXHIBIT "B".
NOW, THEREFORE, in consideration of the above, and the
mutual covenants set forth hereinafter, the Division and the
Local Agency do hereby covenant and agree as follows:
A. The Local Agency will:
1. Take appropriate actions relative to:
a. PPM 20-8, Public Hearings and
Location Approvali
b. PPM 90-1, Environmental Impact
and Related Statementsi
c. PPM 90-2, Noise Standards and
Procedures;
d. PPM 90-7, Proposed Air Quality
Guidelinesi
and acquire the necessary clearinghouse
reviews.
2. Be responsible for all preliminary engineer-
ing and the preparation of plans, speci-
fications, and estimates in accordance
with the Division's Design Manual and
Standard Specifications.
3. Be solely responsible for acquiring, at
its own cost and expense, any additional
rights of way required fOe the completion
of the project, including any necessary
temporary construction easements and/or
easements for detour during construction.
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4. Be responsible for obtaining proper
clearance or approval from any
utilities companies and/or railroad
companies which may become involved
in this project, by supplemental
agreement, if necessary.
,
5. Keep the Division informed as to the
progress of the work required under
Paragraphs A.l. through A.4. above.
6. Upon completion of construction of the
project, maintain and operate, at its
own cost and expense. All portions of
the improvement that lie within its
jurisdiction, in a manner satisfactory
to the Division~ and will make ample
provision for such maintenance each
year. Such maintenance and operations
shall be in accordance with all appli-
cable statutes and ordinances, and
regulations promulgated thereunder,
which define the Local Agency's
obligation to maintain streets and
street fixtures.
7. Insure that in connection with the
performance of the Local Agency's work
under this Agreement, whether by the
Local Agency, or at the direction of
the Local Agency, there will be no
discrimination against any employee,
or applicant for employment, because
of race, religion, color, sex, or
national origin. This provision will
be in compliance with the pertinent
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sections of the Federal Nondiscrimina-
tion Requirements for work financed under
Federal-Aid Funds, a copy of which is
attached hereto as EXHIBIT "C".
B. The Division will:
1. Upon receipt from the Local Agency of
the plans, specifications, and estimates
prepared under Paragraph A.2. above, re-
view the same and indicate to the Local
Agency their approval and acceptance of
said plans, or their disapproval and the
reasons therefor. Said plans will be
considered final when approved and
accepted by the Division, until and unless
either party notifies the other party in
writing.
2. Be responsible for the advertising for and
the taking of bids, and ultimately the
awarding of any construction contract to a
qualified bidder.
3. Be responsible for the supervision of the
construction of the project, which shall
include, but not be limited to, field and
office engineering, inspection and
materials testing, and traffic control
through the project area.
4. After completion of construction, make
periodic inspections of the improvements
constructed on the project under this
Agreement to verify that such improve-
,ments are being adequately maintained
under the provisions of Paragraph A.6.
above.
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The Local Agency has estimated the cost to accomplish
this work at $461,200.00, of which $336,676.00 are to be pro-
vided by Federal-Aid Urban Funds, and $124,524,00 are to be
provided by the Local Agency from available funds in the 1974
Budget Account Nos. 431.1 and 431.3. Such total estimated cost
shall not be exceeded by more than 10% without further agree-
ment in writing. The Local Agency hereby agrees that immediately
on receipt of the billing by the Division to remit to the
Division the amount as billed.
This Agreement is contingent upon all funds needed for the
project hereunder being made available from Federal and Local
Agency sources, either now or in the future. Should these
sources fail to provide necessary funds as agreed upon herein,
or additional funds which may become necessary for completion
of this project, this contract may be terminated by either party
without prejudice or liability to the other party.
Inter~ funds, until the Division is reimbursed, shall be
payable from State Highway Supplementary Fund (2001).
This Agreement 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.
The Division's District Engineer, District VI located at
2000 So. Holly Street, Denver 80222 will be responsible for
coordinating the work under this agreement on the part of the
Division.
[5)
IN WITNESS WHEREOF, the parties hereto have caused the
foregoing agreement to be executed the day and year first
above written.
STATE OF COLORADO
JOHN D. VANDERHOOF
GOVERNOR
ATTEST:
STATE DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS
Chief Clerk
By
CHAS. E. SHUMATE
Executive Director
APPROVED:
By
APPROVED AS TO FORM:
JOHN P. MOORE
Attorney General
BY~~~(.<1,~
RICHARD W. PHILLIPS
Assistant Chief Highway Counsel
Assistant Solicitor General
State Controller
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'\" 1I.'I",i'EST:
WHEA T RIDGE
CITY OF ~I~~ COLORADO
By ~~~
MAYOR I
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. \ . " cOil form No. q63-1
~~-february, 1970
prevo De.lgn A Id No. 31
EXHIBIT "B"
Date April 25, 1974
Project No. M 7833 (If
STATE DEPARTMENT OF HIGHWAYS
DIV~ OF HIGHWAYS-STATE OF COLORADO
Location J ef fers on County
DESIGN DATA
SYSTEM FEDERAL AID URBAN TYPE II
Budget Amount $ 461,200
Approximate Termini:
Clear Creek at 44th Avenue
."
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Present Construction:
Roadway Width24 ,t
Type Asphalt
R. O. W. Width 60':!-
Sutticiency Rating
Proposed Construction:
Design Speed 35
Typical Section Type
A
Expanded tratfic
{Traveled way
Sboulder widtbs
Median width
Surface type
Minimum
{AVg. lSk EDLA
ADT '")
2 @ 24
Curbed
16 '
Asphalt
80'
Present Trattic
r~~' .
Factor
J .
( "",:-",:"yearsJ
DHV
No. at lanes - Presen t 4
Rigbt at Way widib - Normal
Ultimate
80'
4
1
Str. No.
Str. No.
Str. No.
Str. No.
Tes 0 No llil
Yes 0 No ~
Yes 0 No @ Surf. type
Approx. to tal length 200'
~l participation"in right or way costs~
Is access control recommended
If nO access control, are outer highways recommended
No. of major structures req'd
New structure recommendations
Structnres to remain in place:
ft.
Length
Lengtb
Length
Length
Rdwy width
Rdwy width
Rdwy width
Rdwy width
H-Loading
H-Loading
H-Loadi ng
H-Loading
Prorosed treatment of substandard bridges to remain in place
Remove and replace existing structure,
No. of R. R. Crotlsings None
Recommendations
Present Protection
Curb (, Gu t ter
Type
travel lanes
parking lanes
Yes
Projects with Urban Characteristics: Lighting No
Sidewalks. Lt. Ye~ Rt. Ve~ Traffic control
Medi"o. raised or depressed Flat painted
LeCt-turn slots provided Yes
Landscaping requirements None
Special Comments Please pr02ram for PE. Utilities. and Construction.
dev ices, No.
Width of
Width at
None
12
None
Estimates of Cost: Preliminary Eogioeering
Earthwork, etC.
Major Structures
Rigbt of Way/Utilities
25,000
100,000
331,200
5,000
Regional Factor
(For Pavement Design)
TOTAL
461,200
Copies to:
B. P. R.
planning & Research Engr.
DIstrict E"gr.
Construction Eogr.
Asst. staff Design Engr.
Submitted by
Staff Oeslgn EngIneer
Bridge Engr.
R.O.IV. Engr.
Laboratory
Program ["gr.
project Fi Ie
App roved
Approved
~sst. C~jef-Engine.ring
...
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DOH form NO. q6)-2
March, 1971
Prevo Design Aid No. )1
EXHIBIT "B"
Date
April 25, 1974
project No. M 7833 (1)
Location Jefferson County
REQUIRED INFORMATION - NECESSARY TO COMPLETE FORM PR 1-A ON ALL FEOERAL AID PROJECTS:
Estimated Cost
Est. Cost
E$t. Cost
Est. Cost
5,000
-
ICI utility R.locatlon - Estlmat.d Cost
None
Nam.s of Known utility Compani.s
Public Service Company - Mountain Bell
RIght. of W.y- n!l-t~~~to=... d."iation.... et~c.~
Construction easement only
2. NEP Act of 1969 - R.quir.ments
I al Full Statement 0 N.g. Statem.nt fiil * Reevaluation 0
1. . fina I DesIgn Approv.d under proj. No. Cat.
I bl ["yi ronmentat Study
1. Termini
2. length Estimated Cost
ICI S.ctlon ~Ifl I nvo I vement 5, DOT Act
1. park or Recreation Area yes 0 NO ~ Name
2. Wlldllf. or wat.rfowl Refug. Yes 0 NO IiiI Name
3' HIstorIcal Sit. yeS 0 No lliI Name
Id I Clear.d und.r proj.ct NO.
3' Gene ra I
lal wIthdrawn Lands IPow.r sites, reservoIrs, etc.)
1. Clear.d thru eLM Offlc.
I b I A I rport 'nvolv.d yes 0 No IiI
ICI Water Development Involved yes 0
Idl Public Hearing R.qulred yeS 0
1. Corridor 0 Design 0
Ie) freeway Agreement Required yes 0
If, New Tr.ffic ordi~"'nce Required yes 0
1. Modify Schedule of e.lstlng ordinance
IDOH M.mo 3921
yes 0
No
g
Name
No GSJ
NO ~
Comb I ned 0
Agency
No KI
NO iD
"Iunicipality
19I
Inl
project concurr.d In by Local officials
In accord with 195q Secondary Road plan Ilate.t revision)
1. Exception"
yes
NO
iD
o
yes
o
~
No
Yes 0
No 0
EXHIBIT 11("
Nondiscrimination Provisions:
During the performance of this contract, the Contractor,
for itself, its assignees and successors in interest (herein-
after referred to as the "Contractor"), agrees as follows:
A, Compliance with Regulations. The Contractor
will comply with the Regulations of the
Department of Transportation relative to non-
discrimination 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.
B. Nondiscrimination. The Contractor, with
regard to the work performed by him after
award and prior to completion of the contract
work, will not discriminate on the ground of
race, color, or national origin in the se-
lection and retention of Subcontractors, in-
cluding procurements of materials and leases
of equipment. The Contractor will not parti-
cipate either directly or indirectly in the
discrimination prohibited by Section 21.5
of the Regulations, including employment
practices when the contract covers a pro-
gram set forth in Appendix C of the
Regulations,
C, Solicitations for Subcontracts, Including
Procurements of Materials and Equipment. In
all solicitations either by competitive bidding
or negotiation made by the Contractor for
work to be performed under a subcontract, in-
cluding procurements of materials or equipment,
each potential Subcontractor or supplier shall
be notified by the Contractor of the Con-
tractors' obligations under this contract and
the Regulations relative to nondiscrimination
on the ground of race, color or national origin,
D. Information and Reports. The Contractor will
provide all information and reports required by
the Regulations, or orders and instructions
issued pursuant thereto, and will permit access
to their books, records, accounts, other sources
of information, and their facilities as may be
determined by the Division or the FHWA to be
pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any
infokillation required of the Contractor is in the
exclusive possession of another who fails or
refuses to furnish this information, the Con-
tractor shall so certify to the Division, or
the FHWA as appropriate, and shall set forth
what efforts have been made to obtain the
information.
EXHIBIT "("
E. Sanctions for Noncompliance. In the event of
the Contractor's noncompliance with the non-
,discrimination provisions of this contract,
the Division shall impose such contract
sanctions as it or the FHWA may determine 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. Governor's Executive Order. The Contractor
will take all affirmative actions necessary and
appropriate to implement, not only the letter
but also the spirit of, the policy of equality
of opportunity as enunciated in the Constitution
and the laws of the State of Colorado and as
construed by the courts to prevent discrimina-
tion because of race, creed, color, sex, national
origin or ancestry.
G. Incor~oration of Provisions, The Contractor
will ~nclude the provisions of Paragraphs A
through G in every subcontract, including pro-
curements 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 procurement as the
Division or the FHWA may direct as a means of
enforcing such provisions including sanctions
for noncompliance; provided, however, that,
in the event the Contractor become involved in,
or are threatened with, litigation with a
Subcontractor or supplier as a result of such
directio~, the Contractor may request the
Division to enter into such litigation to pro-
tect the interests of the State of Colorado and
the Division, and, in addition, the Contractor
may request FHWA to enter into such litigation
to protect the interests of the united States.
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