HomeMy WebLinkAbout20132225.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR INTERSECTION
IMPROVEMENTS AT COUNTY ROAD 55 AND STATE HIGHWAY 392 AND
AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Intergovernmental Agreement for
Intersection Improvements at County Road 55 and State Highway 392 between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, and the Colorado Department of Transportation,
commencing upon full execution, with further terms and conditions being as stated in said
intergovernmental agreement, and
WHEREAS, after review, the Board deems it advisable to approve said intergovernmental
agreement, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Intergovernmental Agreement for Intersection Improvements at
County Road 55 and State Highway 392 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and the Colorado Department of Transportation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said intergovernmental agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of August, A.D., 2013.
ATTEST:
Weld County Clerk to the Board
unty ttorney
Date of signature:
Barbara Kirkmeyer
BOARD OF COUNTY COMMISSIONERS
WELD op , C
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William F. Garcia air
Q, �1y viL— s/
IasfRademac er, Pro-Tem
C. -OW gip -
2013 -2225
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: August 2, 2013
FROM: Wayne Howard, P.E., Public Works Department
Richard White, P.E., Public Works Department
SUBJECT: BOCC Agenda
Intergovernmental Agreement with CDOT for intersection improvements at WCR 55 and State
Highway 392.
Enclosed are three original, duplicate agreements. Please have Chair sign and return all three to
Public Works to acquire signatures from CDOT.
M \Nancie AGENDA memos \AgendaRichardwayne. docx
2013-2225
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Intergovernmental Agreement for WCR 55/SH 392 Intersection Work with CDOT
DEPARTMENT: PUBLIC WORKS DATE: 07/29/13
PERSON REQUESTING: Richard White & Wayne Howard, Engineering Division
Brief description of the problem/issue:
As a result of a request by Public Works staff; Weld County has received authorization for CDOT Faster funds
and the IGA for this project. The overall project involves a northbound right turn lane onto SH 392, paving
three corners to create larger radius curves and relocation of Owl Creek to eliminate steep slopes at the S/W
corner. This project also includes the elimination of an unprotected deep inlet at the NE corner and pipe
extension that allows for improved clear zone and lining existing culverts. CDOT has agreed to help in funding
of this project for the amount of $102,000. Although this is not enough to make significant improvements to
SH 392 it will help out in the improvement costs for the culverts under SH 392. The estimated total
construction cost of the project is $550,000.
Review of the IGA has been completed on behalf of Weld County Attorney's office by Stephanie Arries.
What options exist for the Board:
The Board can choose to sign or not to sign the attached. IGA. If the BOCC chosses not to sign the IGA then
PW will be responsible for funding 100% of the costs. Since these funds are not Federal, CDOT has not
required normal oversight by CDOT staff. Accepting these funds will not delay the construction.
Recommendation to the Board:
It is recommended that the IGA be signed so that this work can be included as part of this project.
William F, Garcia, Chair
Douglas Rademacher
Sean P. Conway
Mike Freeman
Barb Kirkmeyer
Approve Schedule
Recommendation Work Session
mcv
Attachments: IGA for WCR 55/S14392
Comments
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Center for Procurement and Contract Services
Randy Perkins, Contract Administrator
4201 E. Arkansas Avenue, Suite 200
Denver, Colorado 80222
(303) 757-9291
July 19, 2013
Richard White
Weld County Public Works
1111 H Street
P.O. Box 758
Greeley, Colorado 80632-758
RE: WCR 55 & SH 392 Intersection
Ma
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DEPARTMENT OF TIWSPORTATION
Enclosed please find three executory copies of the above referenced contract amendment between Weld
County and the Colorado Department of Transportation.
PLEASE MAKE SURE EACH DOCUMENT IS SIGNED BY THE APPROPRIATE
INDIVIDUAL HAVING THE AUTHORITY TO EXECUTE SUCH AGREEMENTS ON
BEHALF OF THE COUNTY.
Return all three original copies to my attention.
Please do not date the first page of the contract.
Please call me at (303) 757-9291 if you have any questions or if I can be of further assistance.
ng Administrator
(State $LAWRK)
PROJECT FSA 392A-018, (19551)
REGION 4, (rp)
14 HA4 58630
ID 271001893
g CONTRACT
THIS CONTRACT executed, this d d day of eel, 20 i3, by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to
as the "State" or "CDOT", and Weld County, P.O. Box 758, Greeley, Colorado, 80632, CDOT Vendor
#: 2000135, hereinafter referred to as the "Contractor" or the "Local Agency", and the Local Agency
and the State together shall be referred to as the "Parties."
RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project and
Local Agency costs in Fund Number 400, Function, GL Acct. 4512000010, WBS Element
19551.20.10, (Contract Encumbrance Amount: $102,000.00).
2. Required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide
maintenance and construction of highways that are part of the state (or local agency) highway
system.
4. The Local Agency has requested that State funds be made available for project FSA 392A-018
(19551), hereinafter the "Project", which shall consist of CDOT' s funding contribution to the Local
Agency project for the intersection improvements including the addition of auxiliary lanes and drainage
improvements at Weld County Road 55 (WCR 55) and State Highway 392 (SH 392), referred to as the
"Work." Such Work will be performed in Weld County, Colorado, specifically described in Exhibit A.
5. The State has funds available and desires to provide 100% of the funding for the Work.
6. The Local Agency desires to comply with all state and other applicable requirements, including
the State's general administration of the project through this contract, in order to obtain state funds
for the project.
7. The Parties have estimated the total cost of the Work and the Local Agency is prepared to accept
the state funding for the Work, as evidenced by an appropriate ordinance or resolution duly passed
and adopted by the authorized representatives of the Local Agency, which expressly authorizes the
Local Agency to enter into this contract and to complete the Work under the project. A copy of this
ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
Page 1 of 15
494/3-,70745,
8. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c)
and 43-2-144, C.R.S. and Exhibit B.
9. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily
complete some or all of the Work.
11. The Local Agency can more advantageously perform the Work.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Work under this contract shall consist of CDOT's funding contribution to the Local
Agency project for the intersection improvements including the addition of auxiliary lanes and drainage
improvements at Weld County Road 55 (WCR 55) and State Highway 392 (SH 392), in Weld County,
Colorado, as more specifically described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts
or inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in section 28 of this contract
2. This contract
3. Exhibit A (Scope of Work)
4. Other Exhibits in descending order of their attachment.
Section 3. Term
This contract shall be effective upon approval of the State Controller or designee, or on the
date made, whichever is later. The term of this contract shall continue through the completion and
final acceptance of the Project by the State, FHWA and the Local Agency.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to accept the state
funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local
Agency to enter into this contract and to complete the work under the project. A copy of this
ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
B. The Parties have estimated the total cost of the Work to be $102,000.00, which is to be funded as
follows:
State funds (Total Funds): $102,000.00
Page 2 of 15
C. The maximum amount payable to the Local Agency under this contract shall be
$102,000.00, unless such amount is increased by an appropriate written modification to this contract
executed before any increased cost is incurred. It is understood and agreed by the parties hereto that
the total cost of the work stated hereinbefore is the best estimate available, based on the design data
as approved at the time of execution of this contract, and that such cost is subject to revisions (in
accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the project
herein being made available from state sources, as applicable. Should these sources fail to provide
necessary funds as agreed upon herein, the contract may be terminated by either party, provided that
any party terminating its interest and obligations herein shall not be relieved of any obligations which
existed prior to the effective date of such termination or which may occur as a result of such
termination.
Section 5. Project Payment Provisions
A. The State will reimburse the Local Agency for incurred costs relative to the project following
the State's review and approval of such charges, subject to the terms and conditions of this
Contract. Provided however, that charges incurred by the Local Agency prior to the date this
contract is executed by the State Controller will not be charged by the Local Agency to the project,
and will not be reimbursed by the State.
B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of
Performace of the Work, not exceeding the maximum total amount described in Section 4. The
applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the
allowability and allocability of costs under this contract. The Local Agency shall comply with all
such principles. To be eligible for reimbursement, costs by the Local Agency shall be:
1. in accordance with the provisions of Section 4 and with the terms and conditions of this
contract;
2. necessary for the accomplishment of the Work;
3. reasonable in the amount for the goods and services provided;
4. actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other
items of value received by the Local Agency that have the effect of reducing the cost actually
incurred);
5. incurred for Work performed after the effective date of this contract;
6. satisfactorily documented.
C. The Local Agency shall establish and maintain a proper accounting system in accordance
with generally accepted accounting standards (a separate set of accounts, or as a separate and integral
part of its current accounting scheme) to assure that project funds are expended and costs accounted
for in a manner consistent with this contract and project objectives.
1. All allowable costs charged to the project, including any approved services contributed by
the Local Agency or others, shall be supported by properly executed payrolls, time records,
invoices, contracts or vouchers evidencing in detail the nature of the charges.
Page 3 of 15
2. Any check or order drawn up by the Local Agency, including any item which is or will be
chargeable against the project account shall be drawn up only in accordance with a properly
signed voucher then on file in the office of the Local Agency, which will detail the purpose
for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents shall be clearly identified, readily accessible, and to
the extent feasible, kept separate and apart from all other such documents.
D. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as
follows:
1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount
billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys
due the State within 60 days of demand or within such other period as may be agreed between the
parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may
withhold an equal amount from future apportionment due the Local Agency from the Highway Users
Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed,
shall be payable from the State Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this section
(within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of
one percent per month on the amount of the payment which was not made in a timely manner, until
the billing is paid in full. The interest shall accrue for the period from the required payment date to
the date on which payment is made.
E. The Local Agency will prepare and submit to the State, no more than monthly, charges for
costs incurred relative to the project. The Local Agency's invoices shall include a description of the
amounts of services perfoinied, the dates of performance and the amounts and description of
reimbursable expenses. The invoices will be prepared in accordance with the State's standard
policies, procedures and standardized billing format to be supplied by the State.
F. To be eligible for payment, billings must be received within 60 days after the period for
which payment is being requested and final billings on this contract must be received by the State
within 60 days after the end of the contract term.
1. Payments pursuant to this contract shall be made as earned, in whole or in part, from
available funds, encumbered for the purchase of the described services. The liability of the State, at
any time, for such payments shall be limited to the amount remaining of such encumbered funds.
2. In the event this contract is terminated, final payment to the Local Agency may be withheld at
the discretion of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be
recovered from the Local Agency by deduction from subsequent payment under this contract or other
contracts between the State and Local Agency, or by the State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be
reimbursed by the Local Agency, or offset against current obligations due by the State to the Local
Agency, at the State's election.
Page 4 of 15
Section 6. State and Local Agency Commitments
The Scope of Work (Exhibit A) describes the Work to be performed and assigns
responsibility of that Work to either the Local Agency or the State.
A. Design [if applicable]
1. If the Work includes preliminary design or fmal design (the "Construction Plans"), or
design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the
responsible party shall comply with the following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the
Work.
b. prepare final design (Construction Plans) in accord with the requirements of
the latest edition of the American Association of State Highway
Transportation Officials (AASHTO) manual or other standard, such as the
Uniform Building Code, as approved by CDOT.
c. prepare special provisions and estimates in accord with the State's Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction or Local Agency specifications if approved by CDOT.
d. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the construction
contract except by agreement in writing between the parties. The Plans shall
be considered fmal when approved and accepted by the parties hereto, and
when final they shall be deemed incorporated herein.
2. If the Local Agency is the responsible party:
a. The local agency shall comply with the requirements of the Americans
With Disabilities Act (ADA), and applicable federal regulations and
standards as contained in the document "ADA Accessibility Requirements
in CDOT Transportation Projects".
b. It shall afford the State ample opportunity to review the Plans and make
any changes in the Plans that are directed by the State to comply with
FHWA requirements.
c. It may enter into a contract with a consultant to do all or any portion of the
Plans and/or of construction administration. Provided, however, that if
federal -aid funds are involved in the cost of such work to be done by a
consultant, that consultant contract (and the performance/provision of the
Plans under the contract) must comply with all applicable requirements of
Page 5 of 15
23 CFR Part 172 and with any procedures implementing those
requirements as provided by the State. If the Local Agency does enter into
a contract with a consultant for the Work:
(1) it shall submit a certification that procurement of any design
consultant contract complied with the requirements of 23 CFR 172.5(1) prior
to entering into contract. The State shall either approve or deny such
procurement. If denied, the Local Agency may not enter into the contract.
(2) it shall ensure that all changes in the consultant contract have prior
approval by the State and FHWA. Such changes in the contract shall be by
written supplement agreement. As soon as the contract with the consultant
has been awarded by the Local Agency, one copy of the executed contract
shall be submitted to the State. Any amendments to such contract shall also
be submitted.
(3) it shall require that all consultant billings under that contract shall
comply with the State's standardized billing format. Examples of the billing
foimats are available from the CDOT Agreements Office.
(4) it (or its consultant) shall comply with 23 CFR 172.5(b)
(5) it may expedite any CDOT approval of its procurement process and/or
consultant contract by submitting a letter to CDOT from the certifying Local
Agency's attorney/authorized representative certifying compliance with 23
CFR 172.5(b).
(6) it shall ensure that its consultant contract complies with the
requirements of 49 CFR 18.36(i) and contains the following language
verbatim:
(a) "The design work under this contract shall be compatible with
the requirements of the contract between the Local Agency and the
State (which is incorporated herein by this reference) for the
design/construction of the project. The State is an intended third
party beneficiary of this contract for that purpose."
(b) "Upon advertisement of the project work for construction, the
consultant shall make available services as requested by the State to
assist the State in the evaluation of construction and the resolution of
construction problems that may arise during the construction of the
project."
(c) "The consultant shall review the construction contractor's
shop drawings for conformance with the contract documents and
compliance with the provisions of the State's publication, Standard
Specifications for Road and Bridge Construction, in connection with
this work."
d. The State, in its discretion, will review construction plans, special provisions
and estimates and will cause the Local Agency to make changes therein that
the State determines are necessary to assure compliance with State and
Page 6 of 15
FHWA requirements.
B. Construction [if applicable]
1. If the Work includes construction, the responsible party shall perform the
construction in accordance with the approved design plans and/or administer the
construction all in accord with the Local Agency Contract Administration Checklist.
Such administration shall include project inspection and testing; approving sources of
materials; performing required plant and shop inspections; documentation of contract
payments, testing and inspection activities; preparing and approving pay estimates;
preparing, approving and securing the funding for contract modification orders and
minor contract revisions; processing contractor claims; construction supervision; and
meeting the Quality Control requirements of the FHWA/CDOT Stewardship
Agreement, as described in the Local Agency Contract Administration Checklist.
2. The State shall have the authority to suspend the Work, wholly or in part, by giving
written notice thereof to the Local Agency, due to the failure of the Local Agency or
its contractor to correct project conditions which are unsafe for workers or for such
periods as the State may deem necessary due to unsuitable weather, or for conditions
considered unsuitable for the prosecution of the Work, or for any other condition or
reason deemed by the State to be in the public interest.
3. If the Local Agency is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of
Colorado, as the Local Agency Project Engineer (LAPE), to perform that
administration. The LAPE shall administer the project in accordance with
this contract, the requirements of the construction contract and applicable
State procedures.
b. if bids are to be let for the construction of the project, it shall advertise the
call for bids upon approval by the State and award the construction
contract(s) to the low responsible bidder(s) upon approval by the State.
(1) the Local Agency has the option to accept or reject the proposal of the
apparent low bidder for work on which competitive bids have been
received. The Local Agency must declare the acceptance or rejection
within 3 working days after said bids are publicly opened.
(2) by indicating its concurrence in such award, the Local Agency, acting
by or through its duly authorized representatives, agrees to provide
additional funds, subject to their availability and appropriation for
that purpose, if required to complete the Work under this project if no
additional federal -aid funds will be made available for the project.
This paragraph also applies to projects advertised and awarded by the
State.
Page 7 of 15
c. If all or part of the construction work is to be accomplished by Local Agency
personnel (i.e. by force account), rather than by a competitive bidding
process, the Local Agency will ensure that all such force account work is
accomplished in accordance with the pertinent State specifications and
requirements with 23 CFR 635, Subpart B, Force Account Construction.
(1) Such work will normally be based upon estimated quantities and firm
unit prices agreed to between the Local Agency, the State and FHWA
in advance of the Work, as provided for in 23 CFR 635.204(c). Such
agreed unit prices shall constitute a commitment as to the value of the
Work to be performed.
(2) An alternative to the above is that the Local Agency may agree to
participate in the Work based on actual costs of labor, equipment
rental, materials supplies and supervision necessary to complete the
Work. Where actual costs are used, eligibility of cost items shall be
evaluated for compliance with 48 CFR Part 31.
(3) Rental rates for publicly owned equipment will be determined in
accordance with the State's Standard Specifications for Road and
Bridge Construction § 109.04.
(4) All force account work shall have prior approval of the State and/or
FHWA and shall not be initiated until the State has issued a written
notice to proceed.
D. State's obligations
1. The State will perform a final project inspection prior to project acceptance as a
Quality Control/Assurance activity. When all Work has been satisfactorily
completed, the State will sign a final acceptance form.
2. Notwithstanding any 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 any major structures that are designed by or are the responsibility of
the Local Agency as identified in the Scope of Work, Exhibit A, within the Work of
this contract.
Section 7. ROW Acquisition and Relocation
If the Project includes right of way, prior to this project being advertised for bids, the
Responsible Party will certify in writing to the State that all right of way has been acquired in
accordance with the applicable state and federal regulations, or that no additional right of way is
required.
Any acquisition/relocation activities must comply with: all applicable federal and state
statutes and regulations, including but not limited to the Unifoiin Relocation Assistance and Real
Page 8 of 15
Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation
Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as
amended (49 CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy and Procedural
Directives.
Allocation of Responsibilities are as follows:
• Federal participation in right of way acquisition (3111 charges), relocation (3109
charges) activities, if any, and right of way incidentals (expenses incidental to
acquisition/relocation of right of way — 3114 charges);
• Federal participation in right of way acquisition (3111 charges), relocation (3109
charges) but no participation in incidental expenses (3114 charges); or
• No federal participation in right of way acquisition (3111 charges) and relocation
activities (3109 expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Local
Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right
of Way Manual.The manual is located at http://www.dot.state.co.us/ROW Manual/.
If right of way is purchased for a state highway, including areas of influence of the state highway,
the local agency shall immediately convey title to such right of way to CDOT after the local
agency obtains title.
Section 8. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or
approval from any utility company, which may become involved in this Project. Prior to this Project
being advertised for bids, the Responsible Party will certify in writing to the State that all such
clearances have been obtained.
Section 9. Railroads
In the event the Project involves modification of a railroad company's facilities whereby the
Work is to be accomplished by railroad company forces, the Responsible Party shall make timely
application to the Public Utilities Commission requesting its order providing for the installation of
the proposed improvements and not proceed with that part of the Work without compliance. The
Responsible Party shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 CFR 646, subpart B, concerning federal -aid projects
involving railroad facilities, including:
1. Executing an agreement 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.
2. Obtaining the railroad's detailed estimate of the cost of the Work.
3. Establishing future maintenance responsibilities for the proposed installation.
Page 9 of 15
4. Proscribing future use or dispositions of the proposed improvements in the event of
abandonment or elimination of a grade crossing.
5. Establishing future repair and/or replacement responsibilities in the event of
accidental destruction or damage to the installation.
Section 10. Environmental Obligations
The Local Agency shall perform all Work in accordance with the requirements of the current
federal and state environmental regulations including the National Environmental Policy Act of 1969
(NEPA) as applicable.
Section 11. Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this
contract at its own cost and expense during their useful life, in a manner satisfactory to the State and
FHWA. The Local Agency will make proper provisions for such maintenance obligations each year.
Such maintenance and operations shall be conducted in accordance with all applicable statutes,
ordinances and regulations which define the Local Agency's obligations to maintain such
improvements. The State and FHWA will make periodic inspections of the project to verify that
such improvements are being adequately maintained.
Section 12. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications,
and other written materials, which pertain to the costs incurred under this contract. The Local
Agency shall maintain such records for a period of three (3) years after the date of termination of this
contract or final payment hereunder, whichever is later, or for such further period as may be
necessary to resolve any matters which may be pending. The Local Agency shall make such
materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State and FHWA to inspect the project and to inspect, review and audit the project
records.
Section 13. Termination Provisions
This contract may be teiuiinated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written notice
of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days
before the effective date of such termination.
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely
and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the
covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to
Page 10 of 15
terminate this contract for cause by giving written notice to the Local Agency of its intent to
terminate and at least ten (10) days opportunity to cure the default or show cause why termination is
otherwise not appropriate. In the event of termination, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the
Local Agency under this contract shall, at the option of the State, become its property, and the Local
Agency shall be entitled to receive just and equitable compensation for any services and supplies
delivered and accepted. The Local Agency shall be obligated to return any payments advanced under
the provisions of this contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the
State may withhold payment to the Local Agency for the purposes of mitigating its damages until
such time as the exact amount of damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default
or that the Local Agency's action/inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations of the parties shall be the same as if the
contract had been terminated for convenience, as described herein.
C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local
Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which
are available to the State for the purposes of contracting for the Project provided for herein, and
therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims
to compensation arising under this contract are contingent upon availability of such funds to the
State. In the event that such funds or any part thereof are not available to the State, the State may
immediately terminate or amend this contract.
Section 14. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its teams. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s) has full authorization to execute this contract.
Section 15. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region
4, 1420 2nd Street, Greeley, Colorado 80631. Said Region Director will also be responsible for
coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to
the Local Agency for commencement of the Work. All communications relating to the day-to-
day activities for the work shall be exchanged between representatives of the State's
Transportation Region 4 and the Local Agency. All communication, notices, and correspondence
shall be addressed to the individuals identified below. Either party may from time to time
designate in writing new or substitute representatives.
Page 11 of 15
If to State:
Eric Salemi
CDOT Region 4
Project Manager
3939 Riverside Parkway
Evans, CO 80620
(970) 506-4944
Section 16. Successors
If to the Local Agency:
Richard White
Weld County Public Works
Project Manager
1111 H Street
P.O. Box 758
Greeley, Colorado 80632-758
(970) 304-6496, ext. 3742
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
Section 17. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
contract and all rights of action relating to such enforcement, shall be strictly reserved to the State
and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity, other than the State or the Local Agency receiving services or
benefits under this contract shall be deemed an incidental beneficiary only.
Section 18. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of
this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree
that liability for claims for injuries to persons or property arising out of negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk
management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 19. Severability
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.
Section 20. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be
Page 12 of 15
construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement,
or of any other term, provision or requirement.
Section 21. Entire Understanding
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
writing executed and approved pursuant to the State Fiscal Rules.
Section 22. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may require
continued performance, compliance or effect beyond the termination date of the contract shall
survive such termination date and shall be enforceable by the State as provided herein in the event of
such failure to perform or comply by the Local Agency.
Section 23. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or
State law, or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part of this contract on the effective date of such change as if fully set forth
herein. Except as provided above, no modification of this contract shall be effective unless agreed to
in writing by both parties in an amendment to this contract that is properly executed and approved in
accordance with applicable law.
Section 24. Reserved (Option Letters)
Section 25. Reserved (Disadvantaged Business Enterprise (DBE))
Section 26. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement will be decided by the Chief
Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and
conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision,
the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the
Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer
evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency
shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's
Page 13 of 15
decision. The decision of the Executive Director or his duly authorized representative for the
determination of such appeals will be final and conclusive and serve as fmal agency action. This
dispute clause does not preclude consideration of questions of law in connection with decisions
provided for herein. Nothing in this contract, however, shall be construed as making final the
decision of any administrative official, representative, or board on a question of law.
Section 27. Statewide Contract Management System
If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on
the Effective Date or at anytime thereafter, this §Statewide Contract Management System applies.
Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206,
§24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on
state contracts and inclusion of contract performance information in a statewide contract management
system.
Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies
and Guidance. Evaluation and Review of Contractor's performance shall be part of the normal
contract administration process and Contractor's performance will be systematically recorded in the
statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not
be limited to quality, cost and timeliness. Collection of information relevant to the performance of
Contractor's obligations under this Contract shall be determined by the specific requirements of such
obligations and shall include factors tailored to match the requirements of Contractor's obligations.
Such performance information shall be entered into the statewide Contract Management System at
intervals established herein and a fmal Evaluation, Review and Rating shall be rendered within 30
days of the end of the Contract term. Contractor shall be notified following each performance
Evaluation and Review, and shall address or correct any identified problem in a timely manner and
maintain work progress.
Should the final performance Evaluation and Review determine that Contractor demonstrated a gross
failure to meet the performance measures established hereunder, the Executive Director of the
Colorado Department of Personnel and Administration (Executive Director), upon request by the
Department of Transportaion , and showing of good cause, may debar Contractor and prohibit
Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and
Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the
evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment
protest and appeal rights provided in CRS §§24-109-106, .107, 201 or 202, which may result in the
reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing
of good cause.
Page 14 of 15
Section 28.
SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted in italics.
I. CONTROLLER'S APPROVAL. CRS §24-30-202O). This contract shall not be valid until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities,
rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
§§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any
agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or
employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third
party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have
authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep
in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c)
be solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established,
including, without limitation, laws applicable to discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision
incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action
at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of
this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the
contrary in this contact or incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and
warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper
use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this
contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no
employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any
person having such known interests.
10. VENDOR OFFSET CRS §§24-30-202 (1) and 24-30-2024. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State
Controller may withhold payment render the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (f amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of
final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101.[NotApplicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, orinfortnation technology services or products and services] Contractor certifies,
warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility
of all employees who are newly hired for employment in the United States to perform work under this contract through participation in the E-Verfy Program or the
Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract or enter into a contract with a subcontractor thatfails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. Contactor (a) shall not use E-Ver fy Program or Department program procedures to undertake pre -employment screening ofjob applicants
while this contract is being performed, (b) shall not fy the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract ifa subcontractor does not stop employing or
contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to CRS O17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the
contracting State agency, Institution ofHigher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status
of such employee, and shall comply with all of the other requirements of the Department program. IfContractorfails to comply with any requirement of this provision or CRS
§8-17.5-101 et seq., the contracting Slate agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated,
Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby
swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply
with the provisions of CRS §24-76.5-101 et seq., and (e) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this
contract.
Revised 1-1-09
Page 15 of 15
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
LOCAL AGENCY:
Weld County, Colorado
Legal Name of Contracting Entity
20000135
CDOT Vendor umber
Signatu(fe of Authorized Officer AUG 0 7 2013
William F. Garcia, Chair
Print Name & Title of Authorized Officer
LOCAL AGENCIES:
(A Local Agency attestation is re wired.)
Attest (Seal) By
(Town/City/County
By
By
STATE OF COLORADO:
JOHN W. HICKENLOOPER, GOVERNOR
Timo by J. arris, P.E., Chief Engineer
Department of Transportation
LEGAL REVIEW:
JOHN W. SUTHERS
ATTORNEY GENERAL
ocal Agency seal here, if available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller,
or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is
signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the
goods and/or services provided.
STATE CONTROLLER:
ROBERT JAROS, CPA, MBA, JD
By:
Date:
Exhibit A, Page 1 of 1
Exhibit A
SCOPE OF WORK
Weld County Road 55 (WCR 55) and State Highway 392 (SH 392) Intersection Project, shall
hereinafter be referred to as "this work". CDOT and Weld County believe it will be beneficial to
perform this work because there are existing hazardous conditions about which both agencies are
concerned, that will be eliminated with this project. This work is located on WCR 55, where a
northbound right turn lane onto SH 392 is proposed. CDOT is participating in the elimination of
an unprotected deep inlet in the NE corner of the intersection immediately off the pavement edge.
The participation also includes pipe extension that allows for improved clear zone and a paved
turning radii and pipe lining. This work will contain the following features:
• Pave three intersection corners to create larger radius curves installed to help with truck
turning movements
• A northbound right turn lane onto SH 392 is proposed which will allow simultaneous
through or left turns along with the right turns. The right turn movement is the heaviest
turning movement at this intersection
• The relocation of Owl Creek will eliminate the steep side slopes at the S/W corner of this
intersection.
This work will conform to the parameters articulated in the CDOT M&S Standards and Standard
Specifications for Road and Bridge Construction.
The survey and design phase of the work will be performed by Weld County Staff. No survey,
design, or Right of Way cost reimbursement will be requested.
The construction phase of the contract shall be bid out to a General Contractor. Construction is
anticipated to occur during the fall of 2013. Project management by both agencies will be
performed as needed and neither agency will ask for reimbursement for this work.
Exhibit A, Page 1 of 1
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
STATE OF COLORADO
Center for Procurement and Contract Services
Bob Corman, Director
4201 E. Arkansas Avenue, Suite 200.
Denver, CO 80222
(303) 757-9236
September 18, 2013
Richard White
Weld County Public Works
1111 H Street
P.O. Box 758
Greeley, Colorado 80632-758
DEPARTMENT or TRANSPORTATION
RE: Executed Intergovernmental Agreement
State Highway 392 & Weld County Road 55 Intersection
Enclosed please find an executed original copy of the above referenced agreement
between Weld County and CDOT.
Please coordinate with the CDOT Project Manager (Eric Salemi) before starting any
work under this agreement.
Please call me at (303) 757-9291 if I can be of further assistance.
Sincer
Rand Pe"rkins
Contracting Officer
Enclosure
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