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HomeMy WebLinkAbout20123465.tiff RESOLUTION RE: APPROVE CONTRACT FOR CDOT I-25 MANAGED LANES TIGER GRANT AND AUTHORIZE CHAIR TO SIGN 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 Contract for CDOT 1-25 Managed Lanes TIGER Grant among 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, Adams County, City of Thornton, City and County of Broomfield, City of Federal Heights, City of Northglenn, and City of Westminster commencing upon full execution of said contract, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Contract for CDOT 1-25 Managed Lanes TIGER Grant 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, Adams County, City of Thornton, City and County of Broomfield, City of Federal Heights, City of Northglenn, and City of Westminster, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of December, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -fftw, C ATTEST: P. ,�,�t1���1l,,►► � ►` r�' n P. Con , Chair Weld County Clerk to the Boa A f , 1861 '.a "u F. Garci�f, Pro-Tem BY: Deputy CIe the Board 1 ar ra Kirkmeyer APPROVED AS TO FORM: 0'4 C Ceti David . Long 1 :- - County Attorney , )� — Dougras Radem cher Date of signature: ( L--((DO(3 P 2012-3465 -1a-1 J � (� EG0066 MEMORANDUM TO : Board of County Commissioners COUNTY DATE : December 4, 2012 FROM : Elizabeth Relford , Transportation Planner SUBJECT: 1-25 Managed Lanes County Contribution In March of 2012 , the Commissioners provided a letter of support for the 1 -25 Managed Lanes TIGER Grant to aid in the mitigation of traffic and congestion on Interstate 25 . In addition , Weld County agreed to contribute $25 , 000 towards the local match of this project contingent upon receiving the TIGER grant request. CDOT was awarded the TIGER grant and therefore all the local agencies are working together to implement the project , which is to construct one managed lane in each direction on 1 -25 between US 36 and 120th Avenue . Following is a list of the participating local agencies and their proportional cost of the project. Contributions: Adams County $ 1 ,500,000.00 33 . 15 % Broomfield $50,000.00 1 . 10% Federal Heights $ 150,000.00 3 .32% Northglenn $550.000.00 12. 15 % Thornton $ 1 ,750,000.00 38.68% Weld County $25.000. 00 . 550% Westminster $500,000.00 11 .05% Totals $4S251N10.I$) 100 % Weld County will pay $8 , 300 in both 2013 and 2014 and $8 ,400 in 2015 . Total project cost is $44 million . The local match funding uses the $ 15 million in TIGER funds and $5 . 275 million in local match funding ( including RTD' s $750 , 000) . The intent of this item is for authorization of signature on the attached contract. I 'm available to answer any questions you may have . (Local$CDOTWRK) Routing# 13 HA6 51029 SAP#331000619 PROJECT IM 0253-222, (18695) Internal CWT Tracking- subject to change REGION 6/(JH) Rev 10/03 CONTRACT THIS CONTRACT made this/j day off0.hI-(0- ,-- 2013, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation,hereinafter referred to as the "State" and Adams County, 12200 Pecos Street, Westminster, Colorado 80234, CDOT Vendor#5100456, City of Thornton,9500 Civic Center Drive,Thornton,Colorado 80229,CDOT Vendor#2000088, City and County of Broomfield,One Descombes Drive,Broomfield,Colorado 80020,CDOT Vendor#2000091,City of Federal Heights,2380 West 90th Avenue,Federal Heights, Colorado 80221,CDOT Vendor#2000002, City of Northglenn, 11701 Community Center Drive, Northglenn, Colorado 80233, CDOT Vendor# 2000004, Weld County, P.O. Box 758, Greeley, Colorado 80632, CDOT Vendor# 2000135 and City of Westminster, 4800 West 92"d Avenue, Westminster,Colorado 80031,CDOT Vendor#2000053,hereinafter referred to as the"Contractors" or the"Local Agencies",the State and the Local Agencies together shall be referred to as the"Parties." RECITALS 1. Required approval,clearance and coordination have been accomplished from and with appropriate agencies. 2. 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 agencies) highway system. 3. Local Agencies anticipate a project whereby the Local Agencies shall reimburse the State for performing a portion of the work to construct one managed lane in each direction on I-25 between US 36 and 120th Avenue and by the date of execution of this contract,the Local Agencies and/or the State has completed and submitted a preliminary version of CDOT form#463 describing the general nature of the project work. The Local Agencies understand that before the project work begins,the Local Agencies must receive an official written"Notice to Proceed"prior to commencing any part of the project work.The Local Agencies further understand,before the project work begins,the form#463 maybe revised as a result of design changes made by CDOT,in coordination with the Local Agencies, in its internal review process. The Local Agencies desire to perform the project work described in form #463,as it may be revised. 4. The Local Agencies have made funds available for project IM 0253-222 (18695), which shall Page 1 of 19 cX/c— 3 ' 5 consist of the Local Agencies reimbursing the State for performing a portion of the work to construct one managed lane in each direction on I-25 between US 36 and 120th Avenue, referred to as the "Project" or the "Work." Such Work will be performed in the north Denver Colorado metro area, specifically described in Exhibit A. 5. The Local Agencies have funds available and desire to provide 100%of their portion of funding for the Work. (The other portion of the funding will come from federal TIGER funds.) 6. The State has estimated the total cost of the Work and the Local Agencies are prepared to provide their portion of the funding required for the Work, as evidenced by either ordinances or resolutions duly passed and adopted by the authorized representatives of the Local Agencies, which expressly authorizes the Local Agencies to enter into this contract and to expend its funds for the work under the project. A copy of the ordinances or resolutions are attached hereto and incorporated herein as Exhibit B. 7. 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. 8. The parties hereto desire to agree upon the division of responsibilities with regard to the project. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of the Local Agencies reimbursing the State performing the Work to construct one managed lane in each direction on 1-25 between US 36 and 120th Avenue, in the north Denver Colorado metro area, 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. This contract 2. Exhibit A (Scope of Work) 3. 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 and FHWA. Page 2 of 19 Section 4. Project Funding Provisions A. The Parties have estimated the total cost of the Work and the Local Agencies are prepared to provide 100% of their portion of the funding for the Work, as evidenced by either ordinances or resolutions duly passed and adopted by the authorized representatives of the Local Agencies,which expressly authorizes the Local Agencies to enter into this contract and to expend its funds for the project. A copy of the ordinances or resolutions are attached hereto and incorporated herein as Exhibit B. B. The Local Agencies will provide a portion of the total cost of the Work estimated to be $4,525,000.00, which is to be funded as follows: Contributions: Adams County $1,500,000.00 33.15% Broomfield $50,000.00 1.10% Federal Heights $150,000.00 3.32% Northglenn $550,000.00 12.15% Thornton $1,750,000.00 38.68% Weld County $25,000.00 .550% Westminster $500,000.00 11.05% Totals $4,525,000.00 100% Payment Schedule: 2013 2014 2015 Total Adams County $500,000 $500,000 $500,000 $1,500,000.00 Broomfield $50,000 $0.00 $0.00 $50,000.00 Federal Heights $50,000 $50,000 $50,000 $150,000.00 Northglenn $183,000 $183,000 $184,000 $550,000.00 Thornton $500,000 $500,000 $750,000 $1,750,000.00 Weld County $8,3000 $8,300 $8,400 $25,000.00 Westminster $167,000 $167,000 $166,000 $500,000.00 Totals $1,458,300 $1,408,300 $1,658,400 $4,525,000.00 Any savings realized associated with Local Agencies' contributions will be applied by the percentage based on the contributions table at the final settlement of the project. C. The maximum amount payable by the Local Agencies under this contract shall be $4,525,000.00, in the amounts for each jurisdiction as set forth above, unless such amount is increased by an appropriate written modification to this contract executed by all of the signatories hereto 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. Page 3 of 19 D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, and by the legislative bodies of the counties and municipalities and that nothing herein shall be deemed a multi-year fiscal obligation pursuant to Colorado Constitution, Article X, Section 20. The Local Agencies will make every best effort to prioritize the Project during each of their appropriations. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by any party,provided that the terminating party or parties shall not be relieved of any obligations subject to previously appropriated funds. Section 5. Project Payment Provisions A. All review and approval charges are included in the Project Funding Provisions in the schedule detailed in Section 4, B of this Agreement. The Local Agencies will not reimburse the State for incurred costs beyond what is listed in the Section 4, B schedule of this Agreement. B. If the Local Agencies are to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, each Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should each 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,each Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due each of the Local Agencies 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 Agencies fail to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agencies 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. C.The State will prepare and submit to the Local Agencies,on an annual basis no later than October 1" of the calendar year, an invoice for the amount provided in Section 4(B) Payment Schedule herein. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format. Section 6. State and Local Agencies Commitments The Local Agency Contract Administration Checklist in Exhibit C describes the Work to be performed and assigns responsibility of that Work to either the Local Agencies or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit C. Page 4 of 19 A. Design [if applicable] 1. If the Work includes preliminary design or final 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. 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 final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 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. If the State is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (SAPE), who 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, the State shall, in Page 5 of 19 conjunction with the Local Agencies, advertise the call for bids and upon concurrence by the Local Agencies will award the construction contract(s) to the low responsible bidder(s) or low responsive bidder(s) in accordance with CDOT prequalification rules found at http://www.coloradodot.info/business/bidding/Bid%20Rules/view. (1) in advertising and awarding the bid for the construction of a federal- aid project,the State shall comply with applicable requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the State/contractor shall incorporate Form 1273 in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agencies have the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agencies must declare its concurrence or non-concurrence within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agencies, acting by or through its duly authorized representatives, agree 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. c. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), rather than by a competitive bidding process, the State 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. 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 Uniform Relocation Assistance and Real 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. Page 6 of 19 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 Agencies' 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 Agencies shall immediately convey title to such right of way to CDOT after the Local Agencies obtain 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 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. 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. Page 7 of 19 Section 10. Environmental Obligations The State 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 State 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 State 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 State '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 State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The State 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 State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agencies and FHWA to inspect the project and to inspect, review and audit the project records. Section 13. Termination Provisions This contract may be terminated 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 Agencies and specifying the effective date thereof,at least twenty (20)days before the effective date of such termination. Any unspent amount associated with Local Agencies' contributions will be applied by the percentage based on the contributions table contained in Paragraph 4(B) herein. B. Termination for Cause. If,through any cause,the Local Agencies shall fail to fulfill,in a timely and proper manner, its obligations under this contract,or if the Local Agencies shall violate any of the covenants,agreements,or stipulations of this contract,the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agencies 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, Page 8 of 19 studies,surveys,drawings,maps,models,photographs and reports or other material prepared by the Local Agencies under this contract shall, at the option of the State, become its property, and the Local Agencies shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agencies shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above,the Local Agencies 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 Agencies, and the State may withhold payment to the Local Agencies for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agencies is determined. If after such termination it is determined, for any reason, that the Local Agencies were not in default or that the Local Agencies' 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. Section 14. Legal Authority The Local Agencies warrants that they possess the legal authority to enter into this contract and that they have taken all actions required by their procedures, by-laws, and/or applicable law to exercise that authority,and to lawfully authorize their undersigned signatory to execute this contract and to bind the Local Agencies to its terms. The person(s) executing this contract on behalf of the Local Agencies warrant that such person(s) has full authorization to execute this contract. Section 15. Representatives and Notice The State will provide liaison with the Local Agencies through the State's Region Director, Region 6, 2000 South Holly Street, Denver, Colorado 80222. 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 Agencies 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 6 and the Local Agencies. 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. If to the State: If to Adams County: Andy Stratton Jeanne Shreve CDOT Region 6 Adams County 2000 South Holly Street 4430 South Adams County Parkway Denver, Colorado 80222 Brighton, Colorado 80601 (303) 398-6746 (720) 523-6100 If to City and County of Broomfield: If to Federal Heights: Page 9 of 19 Kevin Standbridge Steve Durian City and County of Broomfield City of Federal Heights One DesCombes Drive 2380 West 90th Avenue Broomfield, Colorado 80020 Federal Heights, Colorado 80260 (303)428-6300 (303) 412-3539 If to City of Northglenn: If to City of Thornton: Brooke Svoboda Joyce Hunt City of Northglenn City of Thornton 11701 Community Center Drive 9500 Civic Center Drive P.O. Box 330061 Thornton, Colorado 80229 Northglenn, Colorado 80233 (303) 538-7224 (303)450-5937 If to Weld County: If to City of Westminster: Elizabeth Relford Aric Otzelberger 1111 H Street City of Westminster P.O. Box 758 4800 West 92nd Avenue Greeley, Colorado 80632 Westminster, Colorado 80031 (970) 304-6496 (303) 658-2004 Section 16. Successors 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 Agencies. 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 Agencies that any such person or entity,other than the State or the Local Agencies 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 Page 10 of 19 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 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 Agencies. 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. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not resolved 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 Page 11 of 19 unless,within 30 calendar days after the date of receipt of a copy of such written decision,the Local Agencies mail or otherwise furnish 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 Agencies 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 Agencies shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's 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 final 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. Page 12 of 19 • THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: JOHN W.HICKENLOOPER GOVERNOR 44 Adams County By d' �' Legal Name of Contracting Entity Timothy J.Ha is, .E.,Chief Engineer For Donald E.Hunt,Executive Director Department of Transportation 5100456 CDOT Vendor Number r4 d�� - Signature of Au zed Officer A N— f i schpf- Print Name&Title of Authorized Officer CORPORATIONS: /t�IttYtpl (A corporate seal or attestation is required.) / Attest(Seal)By _ t,s7$a�t. (Corporate Secretary or Equiv4ent,or Town/City/County Clerk) Page 13 of 19 C.D. No. 2012-194 CONTRACTOR: City of Thornton Legal Name of Contracting Entity 200008: CI V- dor ^um. ign• tire of Authorized Offic+r ck Ethred'e, City Mana !e Print Name&Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) Attest(Seal)By p e44.(e_/rCtir �l , ,Qom (Corporate Secretary or Equivalentt,Tor Tbwn/City/County Clerk) Nancy Vincent, City Clerk APPROVED AS TO LEGAL FORM: rgAA44AtitSVAZ . Margaret frnerich, City Attorney Page 14 of 19 CONTRACTOR: City and County of Broomfield Legal Name of Contracting Entity 2000091 CDOT Vendor Number ature of uthorized Officer Pat Du.c Achi , mAYol2 Print Name &Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) Attest (Seal)B • nivalent,or-Tewn/Cityirounty Clerk) 8. StLA, S L MA •' 1, Page 15 of 19 CONTRACTOR: City of Federal Heights Legal Name of Contracting Entity 2000002 CDOT Vendor Number SignUturSof Authorized Officer -07;/ee omas Olo-yor Print Name&Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) Attest(Seal)By " - ( ieAd (Corporate Secretar or Equivalent,or Town/City/Cou 'y Clerk) Page 16 of 19 CONTRACTOR: City of Northelenn Legal Name of Contracting Entity 2000004 CDOT Vendor Number 4ofAuthcer ogce) bowvino\ mtpuy o r Print!slime&Tide of Authbrized Offer CORPORATIONS: (A corporate seal or attestation is required.) Attest(Seal)By la.t0 .Zp(7 (Corp rate S cretary or Equivalent,or Town/City/County Clerk) Page 17 of 19 CONTRACTOR: Weld County Legal Name of Contracting Entity 2000135 CDOT Vendor Number Signature thor Officer 0 5 2012 Sean P. Conway, Chair, Board of Weld County Commissioners Print Name&Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) Attest(Seal)By aNWAV (Co orate ecr y or uivale t or T By bit" ) eputy Cl to the Board ti Page 18 of 19 CONTRACTOR: City of Westminster Legal Name of Contracting Entity 2000053 CDOT Vendor Number • S' nature of Auth rized Officer J.B a' McFall City Manager Print Name&Title of Authorized Officer e7-7- • ' '•' 4,e • ♦ y CORPORATIONS: �t (A corporate seal or attestation is required.) 1111 • Ittn Attest(Seal) By (Corporate Secretary o Equiv e ,or Town/City/County Clerk) 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: DAVID J MCDERMOTT,CPA By Date ► /3 pi d'a3 - Page 19 of 19 Exhibit A North I-25 Managed Lanes: US 36 to 120`h Avenue Project Scope The project is located on I-25 between US 36 just north of downtown Denver and 120th Avenue in Adams County. I-25 is the primary north-south route through Colorado, providing access to, thru, and from downtown Denver—the business, financial, government and cultural center of the state. North I-25 serves motorists traveling to the Denver area from Wyoming, neighboring Larimer and Weld Counties, and numerous Denver area suburbs. The six-mile segment of I-25 currently has three general purpose lanes in each direction.The project adds a fourth travel lane in both directions to be operated as a managed lane. Elements of Project Scope: Managed Lanes • Provide one new managed lane in each direction on I-25 between US 36 and 120th Avenue utilizing existing pavement and narrowing the inside shoulder. • Provide 2- to 4-foot-wide painted buffer to separate the managed lanes from general purpose travel. • Maintain 8-foot-wide outside shoulders and provide additional emergency pullouts for vehicle refuge. • Maintain lltol2 foot-wide lane widths and 2- to 4-foot-wide inside shoulders. • Provide ingress and egress to the managed lanes at each major interchange. • Provide a key link in a developing coordinated system of managed lanes by providing a functional extension of the I-25 Express Lanes and direct connection to US 36 to the west, and eventually I-270 to the southeast. • Build a new connecting ramp to allow a seamless transition between the existing one- directional lanes and the new bi-directional lanes. Express Bus/Transit/Carpooling • Establish a continuous managed lane between Adams County and downtown Denver with connections to major regional transit hubs at north and south route termini. Express Bus, carpoolers and special transit patrons will use the seamless managed lanes system for a faster, more reliable trip. Pavement Repair • Repave the entire six-mile stretch of I-25 within the project limits currently in "poor" condition. Exhibit A—Page 1 of 2 Exhibit A Noise Walls • Construct one-mile- of new noise wall and repair three miles of existing deteriorated noise walls. ITS/Traveler Information &Institutional Support • Install state-of-the art tolling and Intelligent Transportation Systems (ITS) equipment and integrate it with regional traffic operations centers and a recently established North Area Transportation Alliance (NATA)TMO. • Apply Active Transportation Demand Management (ATDM) strategies that will enhance traffic efficiency and safety. The corridor will be equipped with lane use signs (LUS) to direct traffic during congestion and incidents and back of queue warning systems along with LUS and Variable Message Signs (VMS) to alert drivers. The managed lanes will operate 24 hours a day, 7 days a week. HOV (2+) and public transit vehicles would have access to the managed lanes free of charge, while SOVs would pay a toll to use these lanes. Toll rates would be adjusted in real time based on the amount of traffic in the managed lanes so that the lanes operate at free-flow volumes at all times of the day. During peak hours, corridor-wide tolls will be set at not less than the Regional Transportation District (RTD) Express Bus fare to ensure continued competitiveness of transit in the corridor. Four automatic toll collection points are envisioned in each direction of travel. The operations system includes loop detectors, variable message signs, real-time digital video cameras, toll- collection and process units, and enforcement equipment to collect traffic data, disseminate real- time travel and pricing information to drivers, and support enforcement. CDOT will utilize existing contracts in place with the Colorado State Patrol for enforcement and E-470 Public Highway Authority (E-470) for toll collection, processing, customer service and other administration operations. Exhibit A—Page 2 of 2 Exhibit B LOCAL AGENCY ORDINANCE(S) or RESOLUTION (S) LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST The following checklist has been developed to ensure that all required aspects of a project approved for Federal funding have been addressed and a responsible party assigned for each task. After a project has been approved for Federal funding in the Statewide Transportation Improvement Program,the Colorado Department of Transportation (CDOT)Project Manager, Local Agency project manager,and CDOT Resident Engineer prepare the checklist. It becomes a part of the contractual agreement between the Local Agency and CDOT.The CDOT Agreements Unit will not process a Local Agency agreement without this completed checklist. It will be reviewed at the Final Office Review meeting to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. xvi Exhibit C —/age 1 of 5 COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Region IM 0253-222 SDR7101.999 18695 06 Project Location Date 1-25:US 36 to 120°Avenue 07/02/2012 Project Description North 1-25 Managed Lanes on Existing Infrastructure Local Agency Local Agency Project Manager Adams County Jeanne Shreve COOT Resident Engineer COOT Project Manager Jay Hendrickson Andy Stratton INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsbilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement.Section numbers correspond to the applicable chapters of the COOT Local Agency Manual. The checklist shall be prepared by placing an"X"under the responsible party,opposite each of the tasks.The"X"denotes the party responsible for initiating and executing the task.Only one responsble party should be selected.When neither COOT nor the Local Agency S responsible for a task,not applicable(NA)shall be noted.In addition,a T will denote that COOT must concur or approve. Tasks that will be performed by Headquarters staff will be indicated.The Regions,in accordance with established policies and procedures,will determine who will perform all other tasks that are the responsibility of COOT. The checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager,in cooperation with the Local Agency Prged Manager,and submitted to the Region Program Engineer.If contract administration responsibilities change,the COOT Resident Engineer,in cooperation with the Local Agency Project Manager,will prepare and distrbute a revised checklist. RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT TIP/STIP AND LONG-RANGE PLANS 2.1 I Review Project to ensure b is consist with STIP and amendments thereto I I X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases(COOT Form 418-Federal-aid Progam Data.Rpuires FHWA X cmwrrencennvalvamant) PROJECT DEVELOPMENT 5.1 Prepare Design Data-COOT Form 463 X 5.2 Prepare Local Agency/CDOT Inter-Governmental Agreement(see also Chapter 3) X 5.3 Conduct Consultant Selection/Execute Consultant Agreement X 5.4 Conduct Design Soaping Review Meeting X 5.5 Conduct Public Involvement X 5.6 Conduct Field Inspection Review(FIR) X 5.7 Conduct Environmental Processes(may require FHWA concunancamvoNemant) X 5.8 Acquire Right-of-Way(may require FHWA corwnewennyovamant) X 5.9 Obtain Utility and Railroad Agreements X 5.10 Conduct Final Office Review(FOR) X 5.11 Justify Force Account Work by the Local Agency X 5.12 Justify Proprietary,Sole Source,or Local Agency Furnished Items X 5.13 Document Design Exceptions-COOT Form 464 X 5.14 Prepare Plans,Specifications and Construction Cast Estimates X 5.15 Ensure Authorization of Funds for Construction X COOT Form 1243 09/06 Nagai o14 Previous editions In obsolete and may not be used Exhibit C —Yage 2 of 5 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6.1 Set Underutilized Disadvantaged Business Enterprise(UBDE)Goals for Consultant and X Construction Contracts(CDOT Regon EEO'CiMI Rights Specialist) 6.2 Determine Applicability of Davis-Bacon Act X This project O S CO is not exempt from Davis-Bacon requirements as determined by the functional classification of the project location(Projects located on local roads and rural minor collectors may be exempt.) Jay Hendrickson 07/02/2012 CDOT Resident Engineer(Signature on File) Date 6.3 Set On-the-Job Training Goals.Goal S zero if total construction ls less than$1 million(COOT X Region EEO/Civil Rights Spedalst) 6.4 Title VI Assurances X Ensure the correct Federal Wage Decision,all required Disadvantaged Business Enterprise/On-the-Jab Training special provisions and FHWA Form 1273 are included in the Contract(COOT Resident Engineer) X ADVERTISE,BID AND AWARD 7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks X 7.2 Advertise for Bids X 7.3 Distribute"Advertisement Set"of Plans and Specifications X 7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under X Advertisement 7.5 Open Bids X 7.6 Process Bids for Compliance Check CDOT Form 715-Cenficate of Proposed Underutilized DBE Participation when the low bidder meets UDBE goals X Evaluate CDOT Form 718-Underutilized DBE Good Faith Effort Documentation and determine If the Contractor has made a good faith effort when the low bidder does not meet X DBE goals Submit required documentation for CDOT award concurrence X 7.7 Concurrence from CDOT to Award X 7.8 Approve Rejection of Low Bidder X 7.9 Award Contract X 7.10 Provide"Award-and"Record"Sets of Plans and Specifications X CONSTRUCTION MANAGEMENT 8.1 Issue Notice to Proceed to the Contractor X 8.2 Project Safety X 8.3 Conduct Conferences: Pre-Construction Coherence(Appendix B) X Pre-survey • Construction staking X • Monumentation X Partnering(Coroner) X 4 Structural Concrete Pro-Pour(Agenda is in COOT Construction Manua) X Concrete Pavement Pre-Paving(Agenda S in COOT Construction Maud) X }: "tiz RMA Pre-Paving(Agenda is kr CDOT Construction Maud) X 8.4 Develop and distribute Public Notice of Planned Construction to media and local residents X 8.5 Supervise Construction A Professional Engineer(PE)registered in Colorado,who will be"in responsible charge of construction supervision." Jay Hendrickson 303-398-6749 Local Agency Professional Engineer or Phone number X CDOT Resident Engineer COOT Form 1243 09/00 Pege2 014 Previous editions rs obsolete and may not be used Exhibit C —_Page 3 of 5 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT Provide competent,experienced staff who will ensure the Contract work is constructed in accordance with the plans and specifications X ' Construction inspection and documentation X 8.6 Approve Shcp Drawings X 8.7 Perform Traffic Control Inspections X 8.8 Perform Construction Surveying X 8.9 Monument Right-of-Way X 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates X Provide the name and phone number of the person authorized for this task. Jay Hendrickson 30.4396-6748 Local Agency Representative Phone number 8.11 Prepare and Approve Interim and Final Utility and Railroad Billings X 8.12 Prepare Local Agency Reimbursement Requests X 8.13 Prepare and Authorize Change Orders X 8.14 Approve All Change Orders X 8.15 Monitor Project Financial Status X 8.16 Prepare and Submit Monthly Progress Reports X 8.17 Resolve Contractor Claims and Disputes X 8.18 Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for this task. X Jav Hendrickson 303-398-6749 CDOT Resident Engineer Phone number MATERIALS 9.1 Conduct Materials Pre-Construction Meeting X 9.2 Complete CDOT Form 250-Materials Documentation Record • Generate Corm,which includes determining the minimum number of required tests and X applicable material submittals for all materials placed on the project • Update the form as work progresses X • Complete and distribute form after work Is completed X 9.3 Perform Project Acceptance Samples and Tests X 9.4 Perform Laboratory Verification Tests X 9.5 Accept Manufactured Products X Inspection of structural components'. • Fabrication ci structural steel and pre-stressed concrete structural components X • Bridge modular expansion devices(0"to 6"or greater) X • Fabrication of bearing devices X 9.6 Approve Sources of Materials X 9.7 Independent Assurance Testing(IAT),Local Agency Procedures O COOT Procedures • Generate IAT schedule X • Schedule and provide notification X • Conduct IAT X 9.8 Approve mur designs • Concrete X • Hot mix asphalt X 9.9 Chedc Final Materials Documentation X 9.10 Complete and Distrbute Final Materials Documentation X COOT Form 1243 09/00 Pagwa of 4 Previous editions rs obsolete anti may not be used Exhibit C — Page 4 of 5 CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10. 1 FuHill Project Bulletin Board and Pre-Construction Packet Requirements X 10.2 Process COOT Form 205 - Sublet Perm Application Review and sign completed CDOT Form 205 for each subcontractor, and submit to X EEO/Civil Rights Specialist 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee X Interviews. Complete CDOT Form 280 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the X "Commercially Useful Function" Requirements 10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees. Complete CDOT Form 200 - X OJT Training Questionnaire 10.6 Check Certified Payrolls (Caitact the Region EEO/Civil Rights Spadelists for training recukemats.) X 10.7 Submit FHWA Form 1391 - Highway Construction Contractor's Annual EEO Report X FINALS 11 . 1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final X Acceptance Report (Resident Encloser *Oh mandatory Local Agency panicipaaan.) 11 .2 Wrte Final Prated Acceptance Letter X 11 .3 Advertise for Final Settlement X 11 .4 Prepare and Distrbute Final As-Constructed Plans X 11 .5 Prepare EEO Codification X 11 .6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit X Final Certifications 11 .7 Check Material Documentation and Accept Final Material Certification (See Chapter 9) X 11 .8 Obtain CDOT Form 17 fran the Contractor and Submit to the Resident Engineer X 11 .9 Obtain FHWA Form 47 - Statement of Materials and Labor Used . . . from the Contractor X 11 . 10 Complete and Submit CDOT Form 1212 — Final Acceptance Report (by CDOT) X 11 . 11 Process Final Payment X 11 . 12 Complete and Submit CDOT Form 950 - Project Closure X 11 . 13 Retain Protect Records for Su Years from Date of Project Closure X 11 . 14 Retain Final Version of Lod Agency Contract Administration Checklist X cc: CDOT Resident Engineer/Project Manager CDOT Region Program Engineer CDOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Local Agency Project Manager CDOT Form 1243 09/00 Paged of 4 Previous editions are obsolete and may not be used Exhibit C — Page 5 of 5 STATE OF COLORADO ) COUNTY OF ADAMS ) At a regular meeting of the Board of County Commissioners for Adams County, Colorado, held at the Administration Building in Brighton,Colorado on the 10th day of December,2012 there were present: W.R."Skip"Fischer Chairman Alice"Nichol Commissioner Erik Hansen Commissioner Jen Wascak County Attorney Keisha Hirsch,Deputy Clerk of the Board when the following proceedings,among others were held and done,to-wit: RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION,ADAMS COUNTY AND THE LOCAL JURISDICTIONS OF BROOMFIELD,FEDERAL HEIGHTS,NORTHGLENN, THORNTON,WELD COUNTY AND WESTMINSTER TO CONTRIBUTE A PORTION OF THE LOCAL MATCH REQUIRED TO BUILD THE I-25 MANAGED LANES BETWEEN US 36 AND 120TH AVENUE WHEREAS,improving I-25 is a top priority for Adams County and the local jurisdictions of Broomfield,Federal Heights,Northglenn,Weld County and Westminster(Local Jurisdictions) ; and, WHEREAS,the Colorado Department of Transportation(CDOT)developed a$44 million Project to build one managed lane in each direction from the existing I-25 managed lanes south of U.S.36 to 120th Avenue;and, WHEREAS CDOT applied for and received a$15 million federal discretionary Transportation Investment Generating Economic Recovery(TIGER)grant to help fund the project;and, WHEREAS the Local Jurisdictions are contributing$4.525 million towards the Project;and, WHEREAS,the Adams County Board of Commissioners has allocated$1.5 million towards the construction costs of Project;and, WHEREAS,CDOT requires an Intergovernmental Agreement(IGA)be executed to obligate the Local Jurisdictions'contributions;and, WHEREAS,the IGA sets forth the rights and obligations of Adams County and CDOT with respect to the Project; NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners,County of Adams,State of Colorado,that the IGA,including all terms and conditions contained therein, between CDOT and the Local jurisdictions,a copy of which is attached hereto and incorporated herein by this reference,be approved. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners be authorized to execute said IGA on behalf of the County of Adams,State of Colorado. Upon motion duly made and seconded the foregoing resolution was adopted by the following vote: Fischer Aye Nichol Aye Hansen Aye Commissioners STATE OF COLORADO ) County of Adams ) I, Karen Long ,County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Adams County,now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Brighton,Colorado this 10ch day of December,A.D.2012. County Clerk and ex-officio Clerk of the Board of County Commissioners Karen Long: By: 'HI I i , r , .1 Deputy Hello