TC Res. No. 1991-13RESOLUTION NO. 91-13
SERIES OF 1991
BE IT RESOLVED, by the Town Council of the
Town of Avon, Colorado, that:
Ist Supplemental Contract amending the Contract
between the State of Colorado, State Department of Highways,
Division of Highways and the Town of Avon, dated August 21,
1990, for construction of a railroad grade separation
and bridge over the Eagle River on SH 70H (The Avon Spur)
between Interstate 70 and US 6 in the Town of Avon, Colorado
to provide for increased project costs and that said
increased project cost shall be shared on a 50-50 basis
with the State of Colorado, State Department of Highways,
Division of Highways, is hereby approved in the form
presented to the-.Council.
ADOPTED this 14th day of May, 1991.
TOWN OF AVON, COLORADO
J ILI
Jer y Da i Mayo
Town of Avon P. O. Box 975, Avon, CO 81620 (303)
May 14, 1991
Mr. R.P. Moston
District Engineer
222 South Sixth Street
Grand Junction, CO 81502-2107
Dear Mr. Moston,
RE: AVON ROAD SEPARATED GRADE CROSSING
CC-CY 44-07OH-24
SH70H (AVON SPUR)
Three copies'of the first supplemental"contract between
the State of Colorado Department of Highways and the Town
of Avon,'are enclosed. This supplemental contract was
approved by the Avon Town Council by adoption of
Resolution No. 91-13, Series of 1991. Copies of this
Resolution are included in each of the contracts.
Please note that the following changes have been made to
the"first supplemental contract draft received from your
office:
Page 2 The total estimated additional cost has
been increased from $71,105 to $133,042.
Page 3 The word "form" has-been changed to "from"
on the first line of the page.
Page 4. Paragraph 114" has been changed to 115" under
B. The figures $6,871,185 and $3,435,592.50
have been changed to.$6,933,042 and
$3,466,521.00 respectively.
Page 5 The figure $3,435,952.50 under E has been
changed to $3,466,521.00.
EXHIBIT E has been revised to reflect Contract
Modification Order No. 2, plus the addition
of $25,000 for minor contract revisions and
projected increased right-of-way acquisition
costs for a total estimated project cost of
$6,933,042.00.
Mr. R.P. Moston
District Engineer
May 15, 1991
Page 2
If you have any questions regarding the revisions, do not
hesitate to contact me.
sincerely,
Norm Wood
Engineer
Town of Avon
NW/pn
encl.
STATE OF COLORADO
DEPARTMENT OF HIGHWAYS cwip
222 South Sixth Street, P.O. Box 2107
Grand Junction, Colorado 81502-2107 CC-CY 44-07OH-24
N,
(303) 248-7208 SH 70H (AVON SPUR)
TOWN OF AVON
Mr. William D. James
Town Manager
Town of Avon
P. 0. Box 975
Avon, CO 81620
Re: Project Agreement with Town of Avon
Dear Mr. James:
r 7
siM 2 6 91 j
I
t ~ C
Enclosed are four (4) executory copies of the above captioned
contract.
One copy is for your files until you receive a fully executed
contract.
Three copies of the contract are to be signed by the person
authorized to sign for the Town of Avon and returned to this
office. Please attach the Town of Avon's resolution to the
contract.
If the resolution contains a dollar amount, such amount shall not
be less than the amount of the Town of Avon's contribution as
shown in the contract.
Do not date the first page of the contract.
WRS:db
Enclosures
xc: Moston/Perske
Sherman
file
March 25, 1991
very truly yours,
R. P. MOSTON
DISTRICT ENGINEER
by
R. `pa cek
District Design Engineer
CC-CY 44-070H-2.4
SH 7OH (AVON SPUR)
TOWN OF AVON
SUPPLEMENTAL CONTRACT
THIS 1ST SUPPLEMENTAL CONTRACT, made this day of
19 by and between the State of Colorado for
the use and benefit of THE STATE DEPARTMENT OF HIGHWAY;,
DIVISION OF HIGHWAYS, hereinafter refered to as the State, and
the TOWN OF'AVON, hereinafter referred to as Local Agency or
contractor,
WHEREAS, authority exists in the Law and Funds have been
budgeted, appropriated and otherwise made availabe and a
sufficient unencumbered balance therof remains available for
payment in Fund Number 2001, G/L Account Number 52046, Contract
Encumbrance Number 91700; and
WHEREAS, required approval, clearance and coordination has
been accomplished from and with appropriate agencies; and
WHEREAS, the State and Local Agency have heretofore entered
into a ,contract dated August 21, 1990, hereinafter referred to
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 the State and the Local Agency to cooperate
in a project for preliminary engineering, final design and
construction of a railroad grade separation and bridge over the
Eagle River on SH 70H (the Avon Spur) between Interstate 70 and
US 6 in the town of Avon, Colorado; and
1
WHEREAS, the basic contract provided that the Local Agency
and the State would share in contributing funds to the project
for work described in the basic contract and that the Local
Agency and the State cost would be increased only by a 'written
supplement to the basic contract; and
WHEREAS, the Local Agency has notified.the'State the work
provided for under the'basic contract cannot be concluded within
the costs previously estimated; and
WHEREAS, the parties hereto desire to amend the basic
contract in relation to compensation to provide for a change in
funding to pay for the increase in costs due to construction
bid, which exceeded the allowed budget amount, submitted by the
contractor to the Local Agency related to the railroad grade
separation and bridge over the Eagle River on SH 70H(Avon Spur)
in the Town of Avon, Colorado, hereinafter referred to as the
work; and
WHEREAS, the Local Agency has submitted a.proposal, attached
hereto and described as Exhibit E, wherein the revised costs
required to complete the work are detailed; and
WHEREAS, the State and Local Agency desire to each
contribute 50% of the t.otal additional cost estimated to be at
$133,042
$-7-1-,165, and
WHEREAS, subject to the prior approval and budgeting by the
State Highway Commission, the State intends to use Highway Users
Tax Fund(HUFT) for its share of the costs of the project.
However such funds will not be available for approval until July
1, 1991; and
2
WHEREAS, Section 24-30-202 C.R.S. from
.prohibits the-State €Qrr-m
incurring an obligation for the project before funds for that
purpose are budgeted available, budgeted and approved for that
purpose; and
WHEREAS, notwithstanding the unavailability of State funds
until July 1, 1991, the Local Agency desires to execute the
contract and to proceed with the project with the understanding
that it shall be solely responsible for the cost of such work
and that the State shall have no liability or obligation of
any kind to pay for the project until and unless HUTF are
available after July 1, 1991 and the State Highway Commission
.budgets and approves the use of State HUTF for the project; and
WHEREAS, paragraph 8.a. of the basic contract provided that
the State,would provide construction engineering, which'.is to
include traffic control; and
WHEREAS, the Local Agency now desires and the State agrees,
to,allow the Local Agency to assume responsibility for traffic
control:services related to the project; and
WHEREAS; the Local Agency has executed this contract
pursuant to the authority granted in the attached resolution and
pursuant to 43-2-103.and 43-2-144; and
WHEREAS, the contract is executed by the State pursuant to
the provision of Sections 43-2-103 and 43-2-144, C.R.S., as
amended
3
NOW, THEREFORE, it is hereby agreed that:
PROJECT PROVISIONS '
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.
5
B. Paragraph 4. of the basic contract shall be amended by,
deleting the figures "$6,800,000" and "$3,400,000" and
$6,933,042
substituting therefor•the figures "$67-0'F±7tg5" and
$3,466,521.00
respectively.
C. Paragraph 6.d. of the basic contract shall be-'amended by
deleting the figure "$3,400,000" and substituting therefor
$3,466,521.00
the figure "$-ar4-3a,_3aZ -5&"
D. Paragraph 8.a. of the basic contract shall be amended by
deleting in its entirety and replaced by the following:
"a. The State will review construction plans, special
provisions, and estimates, and will make those changes
necessary to assure compliance with State requirements.
Notwithstanding any reviews, consents or approvals given by
the State for the,Plans, the State will not be liable or
responsible in any manner for the structural design, details
or construction of the Project. Provided, however, that the
State will be responsible to the extent authorized by law
for the performance of construction engineering as provided
in this contract. The State will provide construction
engineering services for the project, including construction
4
inspection, field and office engineering and material
inspection and testing. The Local Agency's construction
contractor will provide services related to traffic control
through the completion of the project. The State will assign
a State Project Engineer to review and inspect construction
activities."
E. Paragraph S. of the basic contract shall be amended by.
deleting the figure "$3,400,000" and substituting therefor
$3,466,521.00
the figure "$-},-X35-,-5-.-5{}►~ .
F. The "Special Provisions" attached hereto are hereby made a
part of this contract. For purposes of the "Special
Provisions" the Local Agency shall be "the contractor". The
parties agree that paragraph No. 3 of the "Special,
Provisions" is not applicable.
5
IN WITNESS WHEREOF, the parties hereto have executed this
contract the day year first above written.
ATTEST:
CLIFFORD W. HALL
State Controller
By
STATE OF COLORADO
ROY ROMER, GOVERNOR
By
Executive Director
DEPARTMENT OF HIGHWAYS
APPROVED:
GALE A. NORTON
Attorney General
By
BARRY B. RYAN
Assistant Attorney General
Natural Resources Section
A
B-
T:
TOWN OF AVON, e~ALORADO
By__(]
Title n r~ L, L1~
AS TO FORM
APP Ldr
BY At ne
y for Town of Avon
6
NOTE: The attached resolution or ordinance 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 contract.
LOCAL AGENCY
RESOLUTION OR ORDINANCE
TO BE A TTACHED
TO EXECUTORY COP/ES
F.- 6•AC-0211 SPECIAL PROVISIONS
CONTROLLERS APPROvAL
1. 71tis contract shall not be domed 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-
client of money by the State.
FUND AVAMABILITY
2. Financial obligations of the Stale payable after the current fiscal year arc contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND-REQUIREMILNT
Isis contract involves the payment of more than fifty thousand dollars for the txmstru ' n, ercctiun.
repair, main cc. or improvement of any WW I& road, bridge, viaduct, tunnel, ex on or other pulhlic
works for this State, contractor shall, before entering the performance orally s k included in this cim-
tract, duly execute and de h o and file will] the official whose signature an below for Ute Slate, a good
and sufrcicnt bond or other aeeep surety to be approved by sat ccial in a penal sum not less than tn,e-
half of the total amount payable by the f this contract. t bond shall be duly executed by a qualified
corporate surety, conditioned for the due and fait h nee or tits: contract, aul in addition. shall pntvidc
that if the contractor or his subcontractors fail t y pa any labor, materials, team hire, sustenance, pro-
visions, provcn dor or other supplies used nsumed by such co or or fits subcontractor in performance ref
the work contracted to be done, tlhe y will pay the same in an antioun I. exceeding the sum specified in the
bond, together with interest c rate of eight per cent per annum. Unless - bond, when so required, is
executed, delivered a ed, no claim in favor of Lite contractor arising under this e . et shalt be audited.
allowed or eeriificd or cashiers check or a bank money order payable to the Trcas f tine State of
Colors y be accepted in lieu of a bond. This provision is in compliance with 38.26-t S, as
INDIsMMIFICATION
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 Lite contractor. or its employees, agents, subcon-
tractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AF VAL52ZVE ACTION
S. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 195 7.
as amended, and otter applicable law respecting discrimination and unfair employment practices (24-34-402.
CRS 1982 Replacement Veil.). and as required by Executive Ordcr. Equal Opportunity and Affirmative Action,
dated April 16, 1975. Pursuant diterettx thelollowing provisions shall be contained in all Stale 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
ran, arced, color. oadortal origin, sex, marital stems. religim ancestry. mental or physical handicap. or
age. The contractor will! take affirmative action to hum that applicants are employed. and that employees
are treated during employment, without regard to the above mentioned ehataeteristim Such action shall
indude, 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 trainin& including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and appfieamts for employment, notices to be provided by the contracting officer setting fonh
provisions of this won clause.
(2) The contractor wt71. is all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideratioa for employment without regard to
nee, creed. color, national origin, sea, marital status. religion, ancestry. mental or physical
handicap, or age.
(3) The contractor will scold to each labor union or representative of workers with which he has collective
bargaining agrcetrtem or other contract or understanding, notice to be provided by the contracting oRiccr.
advising the labor union or workers* representative of the contractor's commitment under the Execuuvc
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 tabor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Alfirmative Action of April 16. 1975, and by the rules, regulations and Orden 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 designer for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualifted from full membership rights in
such labor organization. or expel any such individual from membership in such labor organixatitm or dis-
criminate against any of its members in the full enjoyment of work opportunity, because w a Ace. creed.
color. sex. national origin, or ancestry.
(6) A labor organisation, or the employees or members thereof will ate aid. atnct. incite. ctant+ul ..r ct.crcc
the doing of any act defuhed in this contract to be discriminatory, or obstruct or prevent any pcrsnn frost,
complying with the provisions of this contractor any order issued thereunder: or aticnq>t. either directly t.r
indienctly. to arxnmit any-scs defined in this contract to hr. dkrriminatmv.
31;5-33-01-1022 1 nr Z . nares
( r) an ll.c CvCat OI tllc contl actor : non-coniptlancc wnn lnc 11nn-UI%4; 1111-1.11,0• C6u.'.G'. w tu-•
tract or with any of suet, rules. regulations, or orders, this contract may be cancelled, tennir,-ted nr
puided in %vliule or in pan and the contractor may be•deelarcd ineligible for further State cuntracts to
accordance with procedures, authorized in Executive Order. Equal Opportunity and Apirtnatiwc
Action of A pril 16, 1975 and the fines, regulations, or ordersprotnulgated in accordance there with, and
such outer sanctions us 'nay be imposed and remedies as may be invoked as provided in 1:.xacutivc
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 provision; of paragraph (1) through (8) in every sub-contract :slid
subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to
L'xccutive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisicnr.
will be binding upon each subcontractor or veturor. 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 cnforciug
such provisions, including sanctions for non-compliance; provided, however, that in the event the con-
tractor becomes involved in. or is Uhreatened with. litigation with the subcontractor or vendor as a result
of such direction by the contracting agency; the contractor may request the State of Colorado to enter
into such litigation to protect the interest -or line Stale of Colorado.
COLORADO LABOR PREFERENCE
6 a. Provisions of 5-17-101 St 102, C ItS for preference of Colondo labor are applicable to this contract if public
corks within the State arc undertaken hcrcwttler and:arc financed in whole or in part by State funds.
t.. %Vltcn a construction contract for a public project. is to be awarded to a bidder. a resident bidder shall be
allo.wcd a preference against a non-resident bidder from-a state or foreign country equal to the preference given or
rcnuircd by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the
officer responsible for awarding the bid that compliance with this iubsection.06 may cause denial of federal funds
which would otherwise be available or would otherwise be inconsistent with requirements of federal taw, this sub-
section shall be suspended, but only to the extend necessary to prevent denial of the moneys or to eliminate the
mconaistcncy with federal requirement: (section 8-19-101 and 102, CRS).
G[iNGRAL
7. The laws of the State of Colorado and rule: and regulations issued pursuant thereto shall the applied in the
tincrprctation, execution and cnforcenhcnt of this contract' Any provision of this contract Whether Of nth' ittt:ur-
jw, ntcd herein by refcrcttec which provides for arbitration by any cxtrayudieial body or person or which is tuhcr-
.wise in conflict with said laws. rules and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference whites purports to negate this or any other special provision in Mints: or
in pan shall be valid or enforceable or available in any action at law whcthar by way of complaint, defense or other-
wise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of
this contract to Ute extent that the contract is capable. of execution.
E. At all times during die performance of this Contract, Ue Contractor shall strictly adhere to all applicable
federal and state laws, rules and regulations that have been or may Itercarter be established.
9. 'rise signatories hereto aver that they are familiar with 18-8-701, ct. seq., (Bribery and Corrupt Influences)
.Ind 18-8-40 1. et. seq.. (Abuse of Public Office), CRS 1978 Replacement Vol., and dial no violation of such pro-
Vv..Ona iS prescaL .
r- Z ~I.w~ w W 4M F 2 race- 1K .r
HI.110t .01010.....11.111
10. Tltc signatories aver that to their knowledge. no state employee has a personal or beneficial interest twhat-
xocvcr in the service or property described heroin: •
EXHIBIT E
BEST CASE
RAILROAD CROSSING
EXPENSES
TOTAL COST
1991
1992
TOTAL
TO DATE
Construction
Utility Relocation
597,280
163,083
0
760,363
Roadway & Bridge
0
2,804;454
145,000
2,949,454
Amendments
0
25,000
0
25,000
Landscaping
0
0
169,695
169,695
Materials In-Kind
6,817
23,183
0
30,000
TOTAL CONSTRUCTION
604,097
3,015,720
314,695
3,934,512
Engineering
Preliminary Design
110,000
0
0
110,000
Final Design
220,500
89,500
0
310,000
Supplemental Surveys
20,417
0
0
20,417
Supplemental Engineering
9,351
0
0
9,351
Construct. Engineer. Mgmt.
36,098
223,902
0
260,000-
Shop Drawing Review
0
3,500
0
3,500
Structure Invent./Apprais.
0
3,500
0
3,500
TOTAL ENGINEERING
396,366
320,402
0
716,768
Right-Of-Way
Property Costs.
228,549
156,573
0
385,122
Property Improvements
0
0
0
0
Right-0f-Way Engineering
33,325
1,029
0
34,354
Hearing Cost Engineering
0
2,000
0
2,000
Title Commitments
2,591
1,809
0
4,400
Title Insurance
486
4,274
0
4,760
Appraisals, Negotiations
48,052
6,108
0
54,160
Legal
34,025
15;065
0
49,090
Landowner Appraisal
0
30,600
0
30,000
Condemnation Comm.
0
1,000
0
1,000
Right-Of-Way Contingency
0
0
0
0
TOTAL RIGHT-OF-WAY
347,028
217,858
-01
564,886
Town of Avon Admin.
Travel,-Lodging, Meals
1,452
1,553
0
3,005
Supplies Processing
152
1,000
0
1,152
Notice Publication
613
2,500
0
3,113
Bngineerin4
25,200
2,600
0
27,800
Legal
8,688
4,375
0
13,063
Construction
12,891
3,502
0
16,393
Materials
0
1,000
0
1,000
,
Utility Fees
0
3,600
0
3,600
Direct Costs
7,150
6,600
0
13,750
TOTAL AVON ADMIN.
56,146
26,730
0
82,876
Total Expenses
$1,403,637
$3,580,710
$314,695
$5,299,042
Plus In-kind services
$1,634,000
TOTAL EXPENSES & IN-KIND
$6,933,042
ORIGINAL BUDGET (Basic Contract)
$6,800,000
OVERAGE=Additional Funds Needed (1st Supplemental)
($133,042)
AVON ROAD SEPARATED GRADE CROSSING PROJECT
Roadway and Bridge Construction
-SUMMARY
_MAY 1,-1991
Original Contract Amount
Upper Eagle Regional
Water Authority
Original Project Amount
Contract Modification Order
No. 2
Current Project;Amount
Budget
2,906,672
( 6,384)
2,900,288
40,000 49,166 + 9,166
2,940,288 2,949,454 + 9,166
Actual
2,906,672
( 6,384)
2,900,288
Difference
-0-
-0-
Upper Eagle Regional Water Authority to reimburse difference
in cost of installing 24-inch raw water line in place of
18-inch raw line. Difference in cost was determined by
alternate bid items in the contract.