HomeMy WebLinkAboutResolution-1993-1365
RESOLUTION NO. 1365
Series of 1993
TITLE:
RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF WHEAT
RIDGE TO EXECUTE A CONTRACT BY AND BETWEEN THE STATE OF
COLORADO FOR THE BENEFIT OF THE DEPARTMENT OF
TRANSPORTATION, AND THE CITY OF WHEAT RIDGE, COLORADO,
REGARDING PRELIMINARY ENGINEERING FOR WORK ON 44TH AVENUE
THROUGH THE USE OF FEDERAL HAZARD ELIMINATION FUNDS.
. ,
WHEREAS, the City of Wheat Ridge, Colorado, and the State
of Colorado for the benefit of the Department of Transportation,
desire to clarify their respective rights and obligations
concerning use of Federal Hazard Elimination Funds for preliminary
engineering work for a project on 44th Avenue; and
WHEREAS, the parties have negotiated a Contract which
sets forth the respective rights and duties of the parties; and
WHEREAS, it is necessary for the parties to execute this
Contract in September, 1993;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Wheat Ridge that the Mayor of the City of Wheat Ridge is
hereby authorized to execute the Contract by and between the City
of Wheat Ridge and the State of Colorado regarding the parties'
respective rights and duties concerning this project. The City
specifically acknowledges the following:
1. The City acknowledges that it is responsible for the
payment of 10% of the Federal-aid-off-system participating funds
needed for this project, in the estimated sum of $700.00.
2. The City further acknowledges that it is responsible for
100% of non-participating funds for costs, in the estimated sum of
$1,200.00.
3. The City thus acknowledges a total estimated contribution
by the City of $1,900.00.
1993.
DONE AND RESOLVED on this 13th day of
September
,
ATTEST:
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RBSOLO'l'ION NO. 13.65
Series of 1993
TITLE:
RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF WHEAT
RIDGE TO EXECUTE A CONTRACT BY AND BETWEEN THE STATE OF
COLORADO FOR THE BENEFIT OF THE DEPARTMENT OF
TRANSPORTATION, AND THE CITY OF WHEAT RIDGE, COLORADO,
REGARDING PRELIMINARY ENGINEERING FOR WORK ON 44TH AVENUE
THROUGH THE USE OF FEDERAL HAZARD ELIMTNATION FUNDS.
. ,
WHEREAS, the City o~ Wheat Ridge, Colorado, and the State
of Colorado for the benefit of the Department of Transportation,
desire to clarify their respective rights and obligations
concerning use of Federal Hazard Elimination Funds for preliminary
engineering work for a project on 44th Avenue; and
WHEREAS, the parties have negotiated a Contract which
sets forth the respective rights and duties of the parties; and
WHEREAS, it is necessary for the parties to execute this
Contract in September, 1993;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Wheat Ridge that the Mayor of the City of Wheat Ridge is
hereby authorized to execute the Contract by and between the City
of Wheat Ridge and the State of Colorado regarding the parties'
respective rights and duties concerning this project. The City
specifically acknowledges the following:
1. The City acknowledges that it is responsible for the
payment of 10% of the Federal-aid-off-system participating funds
needed for this project, in the estimated sum of $700.00.
2. The City further acknowledges that it is responsible for
100% of non-participating funds for costs, in the estimated sum of
$1,200.00.
3. The City thus acknowledges a total estimated contribution
by the City of $1,900.00.
1993.
DONE AND RESOLVED on this 13th day of
September
,
OFFICE OF THE CITY CLERK
WHEAT RIDGE, CO 80033
THIS IS A TRUE AND CORRECT
COpy (EXACT) OF THE ORIGINAL
DOCUM~T IN MY CUS . Y.
DAT . c1_ / - c J
Rev. 5/86
107.1
107.2
107.3
DOH
FORM
NO.
DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS
STATE OF COLORADO
ENGINEERING SERVICES
SECTION 107
PREPARATION OF CONSTRUCTION PLANS BY LOCAL AGENCY
All plans shall be in accordance with the Department of
Highways Drafting Manual. (Copies available through
Department of Highways, Staff Design Branch or Bid Plans,
Room 117).
The State will prepare permanent type polyester reproductions
of original drawings at a nominal charge when requested by
the Local Agency.
The Local Agency may, at its option, purchase approved
standard size sheets from the State. The purchase price of
such materials shall be the actual cost as incurred by the
State.
The following approved standard size sheets measuring 22
inches by 34 inches with rectangular border of 20 inches by
31-1/2 inches for the working drawing's, are normally
available from current State inventories.
TITLE
COMPOSITION
113
Summary of Approximate Quantities
*
Mylar
125
126
134
146
107.4
Structure Quantities
Mylar
Blanket Sheet
Mylar
Plan and Profile
Mylar
Cross Section
Vellum
*
Accepted trade name for polyester film
The State will prepare the title sheet for the final
construct 'on plans. The title sheet will be made available
for Local Agency use upon request of the Local Agency. The
cost incurred by the State for preparation of the title sheet
will be charged to the project.
EXAMPLE B (Cost Plus Fixe-'ee Contracts)
Company Name: Project No.
Address:
Employer (FEIN) 10 Number: Project Location
Invoice Number and Date:
Progress Report Dated: Subaccount No.
% Completed:
BASIC AND I OR SUPPLEMENTAL CONTRACT TOTAL $
Prior Period Billing Amount: $
Current Billing Period: From. To
DIRECT LABOR: (List individually)
Regular Direct Hourly Overtime Cost
Employee Name Classification Hours Rate $ Hours * $
Current Total Amount to
This Period Date (OotionalL
SUBTOTAL - DIRECT LABOR $ $
INDIRECT (%) (As specified in contract) $ $
OTHER DIRECT COSTS (In - House)
list individually - at actual cost as in final cost proposal; mileage (miles x $). - $ $
CADD (hrs. x $). equip. rental (hrs. x $). etc.
SUBTOTAL (DIRECT lABOR, INDIRECT & OTHER DIRECT COSTS) $ $
FEE (%) (As specified in the contract) $ $
OUTSIDE SERVICES (Subconsultants & Vendors) (list individually) $ $
(To be in this same format. attach copies)
% To Date on DBE Work $ $
Outside Services Management Expense (when applicable) $ $
TOTAL CURRENT PERIOD: $ $
TOTAL TO DATE: $ $
LESS: RetainaQe (10% of billing not to exceed 5 % of contract) $ $
LESS: Prior Pavments $ $
Prior Billina $ less Retainaqe $ $ $
TOTAL CURRENT PAYMENT REQUEST $ $
I certify that the billed amounts are actual and in agreement with the contract terms
Signature Title Date
* Eligible classifications only; in accordance with contract
EXAMPLE A (Lump Sum Contracts)
Company Name: ProJect No.
Address:
Project location
Employer (FEIN) 10 Number:
Subaccount No.
Invoice Number and Date:
Progress Report Dated:
% Completed: (1)
Current Billing Period: From. To:
BASIC AND I OR SUPPLEMENTAL CONTRACT TOTAL: (2) $
_.
Total Billed to Date: $
.
less: Retalnage (10% of billing not to exceed 5% of contract) $
Less: Prior Payments: $
Prior Billing: $ Less Retainage: $ $
TOTAL CURRENT PA YMENT REQUEST: * $
(% To Date of DBE Work: )
I certify that the billed amounts are in agreement with the contract terms:
,
Signature Title Date
*
% Completed x Contract Total = Total Curent Payment Request
(1) x (2) = ( * )
EXAMPLE C (Specific Rates ~ Pay Contracts)
Company Name: Project No.
Address:
Employer (FEIN) 10 Number: Project Location
InvoIce Number and Date:
Proqress Report Dated: Subaccount No.
% Comoleted:
BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL $
Prior Period Billing Amount: $
Current Billing Period: From. To
PAY RATES: (List individually)
Regular Overtime Rate of Pay Cost
Emolovee Name Classification Hours Hours * $/ Hours ** $
SUBTOTAl- PAY RATES: $
OlliER DIRECT COSTS (In - Housel
list individually - at actual rates as in final cost proposal; mileage (miles x $), $
CADD (hrs. x $), equip. rental (hrs. x $1, etc.
SUBTOTAL (Pay Rates and Other Direct Rates) . $
OUTSIDE SERVICES (Subconsultants & Vendors) (List individually) $
(To be in this same format - attach cooies)
% To Date on DBE Work.,..'
Outside Services Management Expense (when applicable) $
TOTAL CURRENT PERIOD: $
TOTAL TO DATE: $
lESS: Retainage (10% of billinq not to exceed 5 % of contract) $
lESS: Prior Pavments $
Prior Billinq $ Less Retainaqe $
TOTAL CURRENT PAYMENT REQUEST: $
I certify that the billed amounts are actual and in agreement with the contract terms:
Signature TItle Date
* Eligible classifications only; in accordance with contract
** In accordance with contract
EXAMPLE D (Local Agency Billing)
SECTION I. CONTRACT DATA
Local Agency:
Address:
Employer (FEIN) ID Number:
Invoice Number and Date:
% Completed:
BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL:
Date
Project No.
Project Location
Subaccount No.
$
Federal Share $
Local Agency Share $
State Share $
Prior Period Billing Amount:
Current Billing Period: from:
SECTION II. INCURRED COSTS
DIRECT LABOR: (List lndi'iidually)
Employee Classifl-
Name cation
Recrular
Hours
SUBTOTAL - DIRECT LABOR
BENEFITS % OF DIRECT LABOR
OTHER DIRECT COSTS (In-House)
List individually-at actual cost;
mileage (miles x $), CADD (hrs. x $),
equip rental (hrs. x $), etc.
OUTSIDE SERVICES (Consultants & Vendors)
(List individually) (To be in this same
attach copies of invoices)
TOTAL COSTS CURRENT PERIOD:
TOTAL COSTS TO DATE:
SECTION
TOTAL
(
Prior
III. BILLING
BILLING CURRENT PERIOD
% OF TOTAL COSTS) :
Billing:
$
To:
Direct Hourly
Rate $
Overtime
Hours*
Current Total to
This Period Date
$ $
$ $
$ $
-
format- $ $
$
$
$
$
I certify that the billed amounts are actual and In agreement with the
contract terms:
Signature
Title
* Eligible classificatlons only.
Date
Cost
$
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, for
itself, its assignees and successors in interest, agree as follows:
A. Compliance with Requlations. 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 t.o 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 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, Includinq 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, 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 lS
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
E. Sanctions for Noncompliance. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this
contract, the State shall impose such contract sanctions as it or
the FHWA may detrermine to be appropriate, including, but not
limited to:
(1) Withholding of payments to the Contractor under the
contract until the Contractor complies, and/or;
(2) Cancellation, termination or suspension 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 procurenlents 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 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.
page 2 of 2 pages
APPENDIX B
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
SECTION 1.
Policy.
It is the policy of the Colorado Department of Transportation that
disadvantaged business enterprises as defined in 49 CFR Part 23
shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal
funds under this agreement. Consequently, the DBE requirements of
49 CFR Part 23 apply to this agreement.
SECTION 2.
DBE Obliqation.
The recipient or its contractor agrees to insure that disadvantaged
business enterprises as defined in 49 CFR Part 23 have the maximum
opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds
provided under this agreement. In this regard all recipients or
contractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to insure that disadvantaged
business enterprises have the maximum opportunity to compete for
and perform contracts. Recipients and their contractors shall not
discriminate on the basis of race, color, national origin, or sex
in the award and performance of CDOT assisted contracts.
SECTION 3.
DBE Proqram.
The contractor (subrecipient) shall be responsible for obtaining
the Disadvantaged Business Enterprise Program of the Colorado
Department of Transportation, 1988, as amended, and shall comply
with the applicable provisions of the program.
A copy of the DBE Program is available from:
Staff Construction Engineer
Colorado Department of Transportation
4201 East Arkansas Avenue, Room 287
Denver CO 80222-3400
Phone:
(303)757-9231
and will be mailed to the contractor upon request.
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(g) In the event of the contractor's non-compliance with the non.discrimination clauses of this contract or with a~y ~f ~uch rules, regulations. or order.s.
this contract may be canceled. terminated or suspended in whole or in pan and the contractor may be declared Inellgtble for funher State contracts In
accordance with procedures. authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975 and the rules. regulallons, 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 Opponunity and Affirmalive Action of April 16. 1975. or by rules. regulations. or orders promulgated in accordance th<rewith. or as otherwise
provided by 13w
Ih) The contractor will include the provisions of paragraphs lat through (hi in every sub-conlrac! and subcontractor 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 subcontractor or vendor The contractor will take such action with respect to any sub-conrracting or purchase order as the contracting
agency may direct. as a means of enforcing such provisions. including sanctions for non-compliance; provided. however. that in the event the contractor
becomes involved in. Of is threatened with. litigation. with the subcontract Of or vendor as a result of such direction by the conrracting agency. the contractor
may requesl the State of Colorado 10 entcr into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
b. When a conslruction contracl for a public project is to be awarded to a bidder 3 resident bidder shall be allowed a preference against a non-resident bidder from
a "f;j:l' or fnrei~n c(l;m,:y equal lf~ fht' preference given 0;" required bv the "tale or foreign country in which the non-resident bidder is a resident. If it is determined by
,hI: oftic!..";" r~"'ll\ln,ir-k 1<\1 ;,i'';':.iailng th~ bid fh:Jl compli~nn: .....Ith .ll:.;. ';'t!h~t:cllon .Oel may (:au.,~ denial of federal funds which would otherwise be availabJe
or would
otherwise be inconsistenl wilh requiremtnJs. of Federal law this subsection shall be suspended. bUl only to the extc:m necessary to prevent denial of the moneys Qr [0
eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102)
GENERAL
7 The laws of the State of Colorado and rules and regulations issued pursuant thert:to shall be applied in the interpretation. execution. and enforcement of this
contract. Any provision of this contract whether or nOI incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which
is otherwise in conflict with said laws. rules. and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by refcff:nce
which purportS to negate this or an"y 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.
defence. 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 executlon.
8. At all times during the performance of this connct. the Contractor shall strictly adhere to all "applicable federal and Slate laws. Nles.. and regulations that have
been or may hereafter be established.
9. The signatories aver that they arc familiar with CRS 18-8-301. ct. seq.. (Bribery and Corrupt Influences) and CRS 18-8-401. ct. seq.. (Abuse of Public Office).
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge. no state employee has any personal or beneficia'. interest whatsoever in tbe ~rvice or property described herein:
\\'JTNESS WHEREOF. the parties hereto have executed this Contract on the day first above wrirren.
(Full Legal Name)
STATE OF COLORADO
ROY ROMER, GOVERNOR
Po"ition \Tilk}
5'X131 ScclJrit~ r>;:umbc:r or Federal to. Number
1f Corporation')
Att~st I Seal)
By
APPROVALS
CONTROLLER
By
By
Form 6-AC.02C
Revised 1193
395-5:\-01.1031>
P<ilge...1..- \oVhu;:~ i:. the last of....2-- p3ge$
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
J 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 St3te.
FUND A V AILABILlTY
2. Financial obligations of the SI3te of Colorado payable afler the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted.
and otherwise made avaiJabJe.
BOND REQUIREMENT
3. If this contract involves the payment of more rhan fifty 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 [0 the Slate official who wm sign Ihe contract. 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 upon the faithful performance of the contract and jn addifion. shaH provide that if the contractor or his subcontractors fail to duly pay for any
labor. materials. team hire. sustenance. provi!\ions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted 10 be done or (ail~ to pav an\ p~r:c;on who supplies reRtal machinery Jools. OT equipment in the prosecution of the work the surety will pay the same in
an amouOI nOl exceeding the sum spcclfu:d in the bond. together with intereSI al the rale of eight per cent per annum. Unless such bond is executed. delivered and
filed. no claim in favor of the contractor arising under such con~racr shaH be audj~ed. aJlowed 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 CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law. the contractor shall indemnify. save. and hold hannless the State. its employees and agents. against any and all claims.
damages. liability and court awards including costs. ex.penses. and attorney fees incurred as a result of any act OT omission by the contractor. 01 its employees.
agents. subconuactors. 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 AntidiscriDlinabOD Act of 1957. as amended. and other applicable law respecting
discrimination and unfair employment practices (CRS 24-34-4(2). and as requited by Executive Order. Equal Opporttmity lIDd Affitmative Action. dated April 16,
1915. P"nUDnllhereto. tMfollowing provisions shall be containtd in all Stott COntracts or sub<ontracts.
During tbe performance of this contract. tbe conuactor agrees as follows:
(a> Tbe contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex,
marital slatus, religion. ancestry. mental or pbysical handicap. or age. The contractor wiU tm affirmative action 10 insure that applicants are employed. and that
employees are treated during employmenl, withoul regard 10 the above mentioned cbarncteristic:s. Sucb action sbaII include. but DOl be limited 10 the foUowing:
employment upgrading, demotion. or transfer, recruinnenl or recruilmenl advertisings; lay-offs or tenninalioos; rates of payor other forms of compensation; and
selection for training. including apprenticesbip. The contraclor agrees to poSI in conspicuous places. available 10 employees and applicants for employmenl.
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) The conlraclor will. in all solicitations or advenisements for employees placed by or on behalf of Ihe contraclor. stale Ibal all qualified applicanls will
receive consideration fOT employment without regard to race. creed. color. national origin. sex. marital Slatus. religion. ancestry. mental or physical handicap.
Or age.
(c) The contractor will send 10 each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, nor ice [0 be provided by the contracting officer. advising the labor union or workers' representative of the contractor's commitment under the
Executive Order. Equal Opponunity and Affirmative Action. dated April] 6. 1975. and of the rules. regulations. and relevant Orders of the Governor
(d) lJ\e contractor and labor unions will furnish all information and repons required by Executive Order, Equal Opponunity and Affirmative Action of April
16. J 975. and by the rules. reguJations 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 ruJes, regulations and orders.
(e) 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 organizarion or discriminate against any of its members in the full enjoyment of work opportunity because of race. creed. color.
sex. national origin. or ancestry
(0 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 obstruc[ or prevent any person from compJying with the provisions of this contract or any order issued thereunder; or attempt. either directly
or indirectly, to commit any act defined in this contrac[ to be discriminatory
Form 6-AC.028
Revised 1/93
395-53-01-1022
p:Jge -L. of ~ pages
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ATIACHMENT LO
Certification for Federal-Aid Contracts
The contractor certifies, by signing this contract, to the best of its knowledge and belief,
that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behaH or
the undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) H any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure,
The prospective participant also agree by submitting his or her bid or proposal that he
or she shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such subrecipients shall certify and
disclose accordingly.
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DEPARTMENT OF TRANSPORTATION
STATE OF COLORADO
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Has 0006 (85)
Region 6
2000 SOUTH HOllY STREET
Denver, Colorado 80222
November 15, 1993
Mr. Bob Goebel
Director of Public Works and City Engineer
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80034
Dear Mr. Goebel:
Enclosed are is a fully executed copy of our 1st
supplemental contract with Wheat Ridge for project HaS
0006(85), 44th Avenue at Field Street.
Thank you for your cooperation and assistance in getting
this contract processed.
Sincerely,
EATHER DUGAN
Accountant III
NSa/no
Enclosure
q L.J - 314
HOS 0006(85)
44th Avenue at Field Street
Region 6
SUPPLEMENTAL CONTRACT
THIS FIRST SUPPLEMENTAL CON1RACT, made this Il-l/, day of
/'V / '17
/ ' L)/;'(/y,j>,(,- , 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 CITY OF WHEAT RIDGE, COLORADO, hereinafter referred to as the contractor, or
Local Agency,
WHEREAS, authority exists in the law and funds have been budgeted, appropriat-
ed and otherwise made available and a sufficient unencumbered balance thereof remains
available for payment in Fund Number 400, Organization Number 9991, Appropriation
Code 010, Program 2000, Function 3020, Object 2312 1P, Originating Unit 6047, Contract
Encumbrance Number 92095 [00] D (Contract Encumbrance Amount $0); and
WHEREAS, required approval, clearance and coordination has been accomplished
from and with appropriate agencies; and
WHEREAS, the State and the Local Agency have heretofore entered into a
contract dated September 29,1992, hereinafter referred to as the basic contract and made
a part hereof by reference, which by its terms, is still in effect as of the above date and
which provided for preliminary engineering for the modification of the alignment of two
"T" intersections on West 44th Avenue at Field Street in the City of Wheat Ridge,
Colorado; and
WHEREAS, additional Federal funds have been made available for the
construction of the modification of the alignment of two "T" intersections on West 44th
Avenue at Field Street in the City of Wheat Ridge, Colorado; and
WHEREAS, the parties herein desire to amend the basic contract with respect to
the funding and its distribution; and
WHEREAS, the Local Agency has estimated the total cost of the work and is
prepared to provide its share of the cost as evidenced by an appropriate ordinance or
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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 entered into pursuant to the provisions of 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,
NOW, THEREFORE, it is hereby agreed that:
A. The basic contract, unless specifically revised or amended herein, shall be and
remain in full force and effect with respect to the contractual relationship between
the parties hereto.
B. Paragraph C. of ARTICLE I, PROJECT PROVISIONS, of the Basic Contract shall
be deleted in its entirety and replaced with the following:
"c. The matching ratio for this Federal-aid off-system project is 90% Federal-
aid funds to 10% Local Agency funds, it being understood that such ratio
applies only to such costs as are eligible for Federal participation, it being
further understood that all non-participating costs are borne by the Local
Agency at 100%. The performance of the work shall be at no cost to the
State. If the total actual cost of performance of the work exceeds
$152,659.00, and additional Federal funds are made available for the
project, the Local Agency shall pay 10% of all such costs eligible for
Federal participation and 100% of all non-participating costs. If the total
actual cost of performance of the work is less than $152,659.00, then the
amount of Local Agency and Federal-aid funds will be decreased in
accordance with the funding ratio described herein. If the total cost of the
project exceeds $152,659.00 and additional Federal funds are not available,
the Local Agency shall pay 100% all such additional costs."
C. Paragraph D. of ARTICLE I, PROJECT PROVISIONS, of the Basic Contract shall
be deleted in its entirety and replaced with the following:
"2. The Local Agency has estimated the total cost of the preliminary engineering, and
construction of the modification of the alignment of two "T" intersections on West
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44th Avenue at Field Street in the City of Wheat Ridge, Colorado, hereinafter
referred to as "the work" to be $152,659.00 which is to be funded as follows:
a.
Federal participating funds
(90% of $136,288.00)
$122,659.00
b. Local Agency share:
(1)
Local Agency parti-
cipating funds
(10% of $136,288.00)
$13,629.00
(2)
Local Agency Non-
participating Funds
$10,671.00
(3)
Local Agency non-
participating funds for
indirect costs incurred
by the Local Agency and/or
the State (approx. 4%
of $136,288.00)
$5,700.00
Subtotal (Local Agency share)
$30,000.00
Total Funds
$152,659.00"
D. The contractor represents and warrants that it has taken all actions that are
necessary or that are required by its procedures, bylaws, or applicable law, to
legally authorize the undersigned signatory to execute this contract on behalf
of the contractor and to bind the contractor to its terms.
E. The "Special Provisions" attached hereto are made a part hereof.
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IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
ATTEST:
~~2"
/ /j'/L, ( tin
By I I""" ~ '/ ~
Chief Clerk .
STATE OF COLORADO
ROY ROMER, GOVERNOR
Executive Director
DEPT. OF TRANSPORT AnON
APPROVED:
CLIFFORD W. HALL
State Controller
By/f!; /7!~~~
GALE A. NORTON
A ttorne.Y-Jeneral
By )jU#JWr-
BARRY B. RYAN V
Assistant Attorney General
Natural Resources Section
ATTEST:
CITY OF WHEAT RIDGE, COLORADO
B
By
Q"J I'" "-~.Ii
. I (/ (/
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at;
Title
Title
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