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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.