HomeMy WebLinkAbout20022202.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR ST. VRAIN RIVER TRAIL
PROJECT 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 Memorandum of Understanding for
the St. Vrain River Trail Project between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and the Colorado Department of
Transportation, with terms and conditions being as stated in said Memorandum of
Understanding, and
WHEREAS, after review, the Board deems it advisable to approve said Memorandum of
Understanding, 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 Memorandum of Understanding for the St. Vrain River Trail
Project between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, 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 Memorandum of Understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of August, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WEL L.Q COON CO RADO
ATTEST: gem
I 6 f' ��k9 Glenn �d, Chair
Weld County Clerk tote
. y
\(71 David E.�.ng, Pro-Tem
BY: — ';f�\
Deputy Clerk to the Board �1
M.M. J. elle
APP D AS ORM. 2 4` •
iam H. Jerke
ounty Atto ey
�/ Ro ert Dacen
Date of signature: /W
2002-2202
BC0024
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION 0.
Region Four
1420 Second St. iminimmuleemin
Greeley, CO 80631 �"'ME"pTRAP6 """G4
970-350-2182/FAX 970-350-2258
Project No: STE C030-028
Code No: 14101
Description: St. Vrain River Trail
Location: Weld County
MEMORANDUM OF UNDERSTANDING
The Subject Project has been selected as a project that is to be funded, in part by federal
thuds. It therefore must be coordinated through the Colorado Department of
Transportation(CDOT).
An agreement must be executed between CDOT and the Local Agency (LA) so that the
cost of the project can be properly billed and paid. Cost for certain activities are incurred
following federal Highway Administration (FHWA) authorization of the project, but prior
to execution of the CDOT/LA agreement. Those activities normally include: preparation
of budget documents, project scoping, scheduling, agreement documents, and if
applicable, early environmental activities.
It is recognized that these pre-agreement activities are necessary to move the project along
to the point where a formal agreement is executed and schedules met. It is also
recognized that generally, activities other than the ones listed above are not required prior
to the agreement being executed. Project costs incurred by CDOT for project activities
requested by the LA, before FHWA project authorization, will be reimbursed to CDOT at
100 percent (100%). These costs will not be eligible for Federal participation.
The parties to this Memorandum of Understanding agree that the pre-agreement activities listed
above are necessary to proceed with the project effectively. CDOT agrees to perform only those
activities listed above prior to the execution of the agreement, and to incur no unnecessary charges to
the project in the completion of those activities. The LA agrees to pay the cost incurred by CDOT
for performing the listed activities timely, as billed, but should review all such billings received for
reasonableness. Such appropriate incurred cost will be credited toward the project budget by the
agreed match ratios included in the proper approval and agreement, when the agreement is executed
and funds are authorized. In the event, a formal agreement is not entered into by the LA, the LA
agrees to pay 100 percent (100%) of the incurred cost of the activities executed as listed above.
These costs will not be eligible for Federal participation.
2002-2202
Page 2
Section 24-16-101 et. seq., CRS 1973, as amended, and the Colorado State Fiscal Rules, Chapter 3,
Section 23, mandates the allocation of project related cost, i.e., indirect cost. Indirect cost includes a
proration of administrative salaries, supplies, utilities, rents, telephones, training, etc., which are not
readily identified to a specific project. The pro rata is based upon the administrative hours vs. total
hours per project monthly, and is applicable only to those hours relating directly to your project.
To facilitate the formal project agreement, respective preconstruction and construction administration
checklists have been attached for initial assignment of project development and construction activities.
It is the intent of CDOT to cooperate with LA's and to be as flexible as possible to allow the LA to
administer their Federal-aid project. These checklists allow for that flexibility and will be
incorporated in the formal agreement. During project development and during construction this
checklist can be revised as necessary per mutual agreement.
Upon review of these checklists the LA will find that there are activities that require cooperative
CDOT/FHWA clearances that cannot be delegated, at this time, to the LA, i.e., funding authorization,
environmental and rights-of-way clearances, and Equal Employment Opportunity/Disadvantaged
Business Enterprise requirements. There are also activities that CDOT generally performs to comply
with Federal Regulations that may be possible to delegate to the LA, i.e., utility, railroad, and
consultant agreements, Davis-Bacon wage rates applicability, independent assurance testing and
sampling, and final inspection.
On the checklist, project activities that require FHWA involvement will be pre-checked under CDOT
and followed by an asterisk. Project activities that are generally performed by CDOT, will be pre-
checked under CDOT. Insuring that a project is included in a Transportation Improvement Plan
(T.I.P.) is solely the responsibility of the LA and is pre-checked under the LA. Executing the project
agreement and awarding the construction contract is the combined responsibilities of CDOT and the
LA and is pre-checked under both the LA and CDOT. Project activities left blank can be performed
by the LA or CDOT per LA request.
By Date 08/12/2002
LA Authorized Representative
Glenn Vaad, Chair
Weld County Board
of Commissioners
By o#9/r d'vivn..- Date -3O
CDOT Autl{rized ,s Representative
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