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HomeMy WebLinkAbout1992-12 Execute a Contract with CDOT Providing for the Cooperation in an Enhancement Project for Design and Contruction of a Bicycle Trailr^ RESOLUr~oN No. 12 SERIES f992 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE TOWN OF VAIL PROVIDING FOR THE COOPERATION 1N AN ENHANCEMENT PROJECT FOR DESIGN AND CONSTRUCTION OF A BICYCLE RECREATION TRAIL, WHICH WILL BE A NEW BRIDGE SOUTH OF I-70 ALONG GORE CREEK BETWEEN WEST VAIL AND THE DOWD JUNCTION INTERCHANGE. WHEREAS, the Departmen# of Transportation and the Town of Vail desire to cooperate in an enhancement project for design and construction of a bicycle recreation trail, a portion of which shall be a new bridge south of I-70 along Gore Creek between West Vail and the Dowd Junc#ion Interchange from milepost 170.9 tv milepost 171.9; and WHEREAS, the State has agreed to oonstruct the above described improvements. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado 1. The Town Council hereby approves the contract between the Town of Vail and the Department of Transportation for the construction of a bicyclelrecreation trail, a copy of which is attached hereto as Exhibl# A and incorporated into this resolution by reference. 2. The Town Manager is hereby authorized to take all s#eps necessary to execute said contract. 3. This resolution shall take effect immediately upon its adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of August, 1992. Margar~A. Osterfoss, Mayor ATTEST: R/tet,t~.d,.+t, ~. ~ Martha S. Raecker, Town Clerk CigESOLW2.1F 1 STE{CX) 070-2{191) DOWD JUNCTION BICYCLE/RECREATIONAL TRAIL CONTRACT THIS CONTRACT, made this day of , 19 , by and between the State of Colorado for the use and benefit of the DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "the State", and the TOWN OF VAIL, hereinafter referred to as "the Local Agency", WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Appropriation Code 010, and Contract Encumbrance Number 92105; and WHEREAS, required approval, clearance and coordination has been accomplished from and with the appropriate agencies; and WHEREAS, the Intermadal Surface Transportation Efficiency Act of 1991 provides for funding for the creation of facilities for pedestrians and bicycles; and WHEREAS, the State and the Local Agency desire to cooperate in an enhancement project for design and construc- tion of a bicycle/recreation trail, a portion of which shall be a new bridge, south of 170 along Gore Creek, between West Vail and the Dowd Junction Interchange from milepost (M.P.) 170.9 to M,P. 171.9; and 1~ r X44-. 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V ~ f . a; . 5" r.' r.~ i~ r: y, WHEREAS, the parties agree that the work will enhance the scenic and recreational values of the vicinity; and WHEREAS, the Transportation Commission, on February 20, 1992, gave approval for the State to enter into a contract with the Town of Vail for Project No. STE(CX) 070-2(191) to accomplish the work; and WHEREAS, the State has agreed to construct the above-- described improvements; and WHEREAS, the State's interest in participating in the funding of the work is based on a desire to cooperate with the Local Agency to improve 170; and WHEREAS, the State deems it to be in the public interest to provide funding for construction of the project; and WHEREAS, it has been determined that no State agency can reasonably provide "in house" services required of the Local Agency; and WHEREAS, this contract is entered into pursuant to the provisions of §529-1-203, 43-'1-lOfi, and 43-1-110, C.R.S., as amended, - NOW, THEREFORE, it is hereby agreed that: PROJECT PROVISIONS 1. "The work" consist of portion of along Gore Junction I 171.9. to be performed under this contract shall construction of a bicycle/recreation trail, a which shall be, a new bridge, south of 170 Creek, between West Vail and the Dowd nterchange from milepost (M.P.) 170.9 to M.P. 2- a Y.' t: ti' J t' S~ .~ L'. 1":~., J: j l 1 S l..~ ~. 5 1 : ry'. S'•' ~ L'.' y 2. The Local Agency, by its employees, agents or consult- ant, shall be responsible for providing the design services necessary for the work at its own expense, and at no expense to the State. 3. - The Local Agency shall be responsible for acquiring any temporary and permanent rights of way outside of the State's right of way that are required for the completion of the work, including any necessary construction easements, at its own expense and at no expense to the State. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all necessary rights-of-way have been acquired for the work in accordance with the applicable State and Federal regulations. Any right of way acquired by the Local Agency pursuant to the .terms of this contract shall be owned by the Local Agency. 4. The State shall be responsible only for the construction portion of the project. The State's responsibility for construction is contingent upon satisfactory performance by the Local Agency of the preliminary engineering and rights of way acquisition portions of the project. 5. The State has estimated the total cost of the work to be 875,000.00. The State shall be responsible for 100 of the actual direct, and indirect costs incurred in the performance of the work up to a maximum total amount of 875,000.00 unless such amount is increased by a written 3_ r~ g Tr 1 f. y~4~ A ~ i: C~. r-~ -~ --. supplemental contract. Provided that the parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from Federal and Local Agency sources. Should these sources, either Federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party. Any party terminating its interest and obligations herein shall not be relieved of any financial obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. 6. All portions of the improvements constructed under this contract that are located within the State right of waya shall be owned by the State. All portions of the improvements constructed under this contract that are located within any public rights of way acquired by the Local Agency, pursuant to Paragraph 3. of this section, shall be owned by the Local Agency. 7. a} The Local Agency shall perform operational main- tenance of all of the improvements constructed under this contract, including those owned by the State, at its own cost and expense during their useful li£e, and will make ample provision for such maintenance each year. Such maintenance shall include minox patching and crack filling, routine drainage maintenance, snow removal in the Spring, and sweeping the path as needed during the Spring, 4_ ri: a~:. ~~ 4~ `:~' t, 1 .l!. 1 ~ J.'.'.' 3 y;: J,, Y. ~, . R..., 8. A. B. Summer, and Fall use periods. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. b} The State shall perform capital maintenance items for the improvements, including mayor drainage, overlays, and bridge maintenance. The State will provide liaison with the Local Agency through the State's District Engineer, District 3, P.O. Box 2107, 222 South 6th Street, #317, Grand Junction, Colorado 81502. Said District Engineer will. also be responsible for coordinating the State's activities under this contract, GENERAL PROVISIONS The Local Agency will provide: 1. Preliminary engineering and pareparatian of con- struction plans in accordance with the 5tate's Road- way and Bridge Design Manuals and Standard Specifi- cations for Road and Bridge Construction. 2. Design work sheets used in the designing of the project. The Local Agency will comply with the following: 1. The Local Agency will prepare construction plans in accordance with the requirements of Engineering Services Section 107, Preparation of Construction 5_ i q ~ V.'. 5.:. :'~,' r I. t a.. a~. 5 ~~:' err:. ':,..f: C i. C. D. Plans by Local Agency, attached hereto and made a part hereof. 2. The Local Agency wall be responsible for the prelim- inary engineering and the plans being accurate and complete. 3. The Local Agency shall acquire any permits necessary far construction outlined in the plans. The State will review construction plans and make those changes necessary to assure compliance with State requirements. The State will afford the Local Agency ample opportunity to review the construction plans, special provisions and estimates, as changed and said plans shall be considered final when approved and accepted by the, parties hereto. The State will provide final assembly of construction plans, special provi- sions, estimates and contract documents. In the event all or part of the construction work is to be con- tracted, the State will establish appropriate Disadvan- taged Business Enterprise (DBE }goals far the construc- tion contract(s), and the State will advertise the call for bids, and upon concurrence by the Local Agency, award the construction contracts} to the lowest responsible bidders}. In the event the project involves modification of a railroad company's facilities at a railroad grade cros- sing whereby the work is to be accomplished by railroad company forces, the Local Agency shall make application 6- t.tip a; p..J.•t.~. A~.. t ~ a 4 J f .. s E. to the Public Utilities Commission requesting its order providing foz~ the installation of the proposed improve- ments. The Local Agency shall also establish contact with the railroad company involved for the purpose of: 1. Preparing a contract setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for Federal participation. Such contract shall be made between the railroad company and the Colorado Department of Transportation. 2. Qbtaining the railroad's detailed estimate of the cast of the work. 3. Establishing future maintenance responsibilities for a the proposed installation. 4. Prescribing future use or dispositions of the pro- posed improvements in the event of abandonment or elimination of the grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. The term of this contract, except £or the provisions regarding maintenance,. shall continue through the completion of the work. The covenants with regard to maintenance of the improvements constructed under this contract shall remain ,in effect in perpetuity or until such time as the State or Local Agency is, by law or otherwise, relieved of such responsibility. 7- J.' I' y i t{:it .. x 7:~~ A f4 . J j~ ~ .f V'. ., l' 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 referred to as the contractor". _ G. This contract shall inure to the benefit of and be bind- ing upon the parties, their successors and assigns. H. This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written supplemental contract executed and approved pursuant to the State Fiscal Rules, I. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the •intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. T. The contractor represents and warrants that it has taken all actions that are necessary or that are required by gW r- --- --~ 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. - - g_ a,, r TN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. STATE OF COLORADO- - ATTEST: ROY ROMER, GOVERNOR Y B Y Chief Clerk Executive Director DEPARTMENT OF TRANSPORTATION APPROVED: CLIFFORD W. HALL GALE A. NORTON - State Controller Attorney General By gy BARRY B. RYAN Assistant Attorney General Natural Resources Section ATTEST: TOWN OF VAIL By ~- ~ Ru.~Ec-~.v By RONDALL V. PHILIPS ~ Title Twrv ~r.~.k-,. Town Manager 0 -- r:.:. :;:r ~: A.. S. ~ ~~ ~'. 1 t~, f' , t.~ y ~ ',f ' L , r ~- --•, Rev. 5/$6 DEpAQTHENT OF HIGHWAYS DIVISION OF HIGHWAYS STATE OF COLORADO ENGINEERING SERVICES SECTION 107 k~ftEPARATION OF CONSTRUCTION PLANS.BY LOCAL AGENCY 107.1 All plans shall be in accordance with the Department of Highways Drafting Hanual. (Copies available through Department of Highways, Staff Design Branch). 107.2 The State gill prepare permanent type polyester reproductions of original drawings at a nominal charge when requested by the Local Agency. ' 7.07.3 The Local Agency may, at x.ts 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 a rectangular border of 20 inches by~31-1/2 inches for the working drawing/s, are normally available from current State inventories. DOH FOBZi HO. 113 125• 126 134 146 107.4 TITLE ~ COHPOSITiON , Summary o£ Approximate Quantities * Hylar Structure Quantities Hy1ar Blank Sheet Hylar plea and Profile ~ ~ Hylar Cross Section Vellum Accegted trade name for, polyester film _ The State will prepare the title sheet for the final coctstruction 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.. ti: y 4 ~': 4. r. rK~ i~ 1• 1: . r x. 5,:4 1.\,.~ r j~ i c...,, s-ec:-rnn SPECIA ROVISIQNS CONT1tWLi>iR'S APPIiiOVAL Thix contract shall not be deemed valid until it shall have been approved by (lte Controller of the State of Culoradn or such assistant ns he may designate. This provision is applicable to any Contiacl involving [hc pay- mcnl of money by the Slate. FUND AVAILABILITY 2. rinanciai obligations of the State . ,, , ', k after the current fiscal year aro contingent upon funds ftx that purpose being apprt,priated, budgeted and alI .. ', a made availabk. BOND IiE(ZUIIiI;Mlk:NT 3. if this contract involves the payment of more than (iRy thousand ddlan Tor the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this con- lract, duly execute and deliver to and file with the official wht~se signature appears below for the State, a good and sufficient bond or other acceptable surely to be approved by said official in a penal sum not less than one- halt'of the total amount payable by the terms of this txmtract Such bond shall be duty executed by a qualified ccfrpor:rte surety, conditioned for the due and faithful pCrformsncc of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro- visions, provcndor or other supplies used or consumed by such contractor or his silbconlraclor in performance of the work contrnctcd to be done, the surety will pay the same in art amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum, Unless such bond, when ao required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed <x paid. A certified or cashier's check or a bank money order payable to the Treasurer ol'the State r>C Colorado may he accepted in lieu of a bond. This provision is in Compliance with 38-26-t06 CRS, as amcndCd. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employccs and agents, against any and al l claims, damrgcs, liability and court awards including costs, cxpcnxcs, and auonney lees incurred as a result of any act or omission by the contractor, or its employers. agents, subcon- tractors, or assignees pursuant to the terms of this contract DISCItIMINA'I'ION AND AFFIIiMATiVE ACTION 5. 'fhc u~nlrrctor agrees to comply with the IcttCr and spirit of the Colorado Antidiscrimination Acl of 1957, as amended, and other applicahlc law respecting discrimination and unfair employment practices {24-34.402. CR5 INti2 Rcplaccment Vnl.}, and as required by Executive Order, Equal Opportunity and Affinn:rtive Action, dated April l6, 1975. Persmanr lherero, the jollowing povisipns shall 6e contained in a!! Stare corrr-rrets or f+r~CtMlrgClS. During the performance of this contract, the contractor agrees as I'ollaws: 1) The rnntraclor will not discriminate against any employee or applicant for , ,,:,ymenl because of race, creed, color, national origin, acx, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take all'irmative action to insure that applicants arc employed, and shat empl_, ....~ arc treated during employment, without regard to the above mentioned characteristics. Such action shall include, but oat he limited to the following; employment upgrading, demotion, or transfer, recruitment or rccruitmcnl advertising; lay-offs or lcrminalions; rates of pay or other forms of compensation; and selcc- tion for lr.;ining, including apprcnuccship, The contractor agrees to post in conspicuous places, available en employccs and applicants for employmetnl, notices to be provided by the con#racting otlics:r selling forth provisions of this non-discrimination clause. 2 } '!'hc a,ntraCtur will. in al l solicitations or adverlisemenls for employccs placid by ur on Ixhalf of the rnntractor, state Thal all qualified applicants will receive considcralion for employment withcxtl regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental ur physical handicap, or age, The contractor will send to each labor union or representative of workers with which he Itas Collective bargaining agreement or other rnntraet or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitlmcnt under the E:ccutivc Order, Equal Opportunity and A(tirmalivc Action, doled April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. 4} The contractor and labor unions will furnish a{i information and . _r...s required by Exccutivc Order, Equal Opportunity and Allirmative Action of April 16, 1975, and by the rake, regulations and Ordars of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by lhr ron- tracting agency and the ofTce of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. 3} A Ialxrrorgamzation will not exclude any individual otherwise qualified from full iztcmbership rights in such lalwr organization, or expel any such individual from membership in such labor organizaliou ar dis- criminale against any of its members in the full enjoyment of work opportunely, because of race, creed, color, sox, national origin, or ancestry, b) A labor arganixation, ur the employccs or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to bt discriminatory or obstruct or prevent any person from complying with the provisions of this contract ar any order issued lhereurtder, or attempt, either directly or indirectly, to commis any act defined in this contract to ba discriminatory. 395-53-U1-IU22 Revised 1 I.85 f age ..1_ of ._.2,__ pages z< .ti: l.J~~~ 1~'.2 t~H t , t fi.i t., 7 1: J: J r 4' 1, y~:• l M ',4,' f,4%r. i'. t,l,". il i( F~ ti}. 1~ 4'. f Norm S-AC-02C i 71 [n the event of the contractor anon-a..,~pliance wiUt the tton-discrimination clauses of this con- tract orwith any of such rules, regulations, ar txdcrs, this eontrael may be cancellsd, terminated or sus- pcndcd in wlwle or in part and the contracwr may be declared ineligible for further State contracts in accordance with procedures, autlwrizcd in Exeartivc Order, Equal 0 . , . ,miry and Allirmativc Action of April 1 b, 1975 and the rules, regulations, or ordors promulgated in accordance therewith, and such otlrcr sanclirHts as may he imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affiemative Action of April IG, I975, or by rules, regulations, or orders promulgatgrl ip gconrdance tltcrcwi{h, or as otherwise provided by law, 8) The contractor will include the provisions of paragraph { 1) through (8) in every orb-caettract and suhconuactar pun;hasr; order unless exempted by ruler, rcgulationa, or order issued pursuant to L•:xccutivc Order, Equnl Opportunity and Allirtrtativo Action of April 16, 1975, w that such pruvisiwts will be binding upon each subcontractor or vendor. Tht contractor will take such action with respect to any sub-cortracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions far nor--compliance; provided, however, that in the event the con- tractor btlxrmcs invo)vcd in, of is threatened wish. 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 sul:h litigation to prolc~~t the interest of the State of Colorado, COLORADO LA1)OR PREFERENCE G a. b. Wlrcn a cunslructiun contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against anon-resident bidder from a state or foreign country equal to the preference given or rcyuired by the start or fnrcign country in which the non-resident bidder is a resident. If it is determined by the o0iccr responsible lur awarding the bid that compliance with this subsection ,06 may cause denial of federal funds which would athcrwisc be nvailablc nr would otherwise be inconsistent with requirements of federal law, this sub- sectirur shall the suspended, but only w the extend necessary to prevent dents[ of the moneys nr to eliminate the inconsistency with fcdcrsl rcyuiremcnts (section 8-19-141 and 102, CRS). GI;NERAI. 7. 'Fhe laws ui' the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this cottuaet. Any provision Of this crontrset whether or not incor- porated herein by relercncc which provides for arbitration by any extra-judicial body or,.,.,,,.,n or which is athcr- wise in conl]ict with said laws. rules and regulations shall be considered null and void. Nothing contained in any prpvis~on incorporated herein by reference which purports to negate this or any other special provision in whole ar in n~~n chaff he valid ur entbrceahlc irr availahlc in arty action at !aw whet"cr by way of complaint, defense or othcr- wi~a. Any pro~•uwn rendered null anJ void !zy the operation of this provision will not invalidalc the remainder of this cumract to the extent that rite coturact is capable of execution, i. Al all times during the performance r>f'this Cruttract. the Contractor shall strictly adhere to all applicable1'cdcr:d and stair laws, rules and rogulationx that have been or may hercaQcr 6c established. The siFnawrics heruu aver that tlrcy arc familiar with l8-8-30I, eL seq„ (Bribery and Corrupt In(luencesi tS~4t)!, ci, sty., tAhuxe of I'uhlie QOicc), CRS 1478 Rcplaccmcni Vol., and that no violation of such eravisionsispresent. 10. The xignauxics aver That to their knowledge, no stale employee has a personal or beneficial interest whal- sucvcr in the service: nr property described herein: