HomeMy WebLinkAbout20031181.tiff 07-H7-4w a--
Routing No:
REGIONAL TRANSPORTATION PLANNING
Upper Front Range Transportation Planning Region
1'PR
CONTRACT
THIS CONTRACT, made this 9 day of u. ly 2003,by and between the State of Colorado
for the use and benefit of the Colorado Department of Transportation(CDOT), Division of Transportation
Development,hereinafter referred to as"the State",and the Upper Front Range Regional Planning Commission
(RPC),PO Box 758, Greeley,CO 80632,created under powers set forth in §§43-1-1102(5)and 30-28-105
C.R.S.,hereinafter referred to as "the contractor".
WHEREAS, authority exists in the law and funds have been budgeted, appropriated, and otherwise made
available to FEIN Number 846000813,in COFRS Fund 400, Organization 9991, Appropriation Code 010,
Program 5000,Function 1441 Object 5180-1 (P),Reporting Category 0510, Project 14523, Phase 2,TOTAL
ENCUMBRANCE IS $6,000.00 EXACTLY;The Catalog Federal Domestic Assistance number(CFDA)that
relates to this contract in relation to audits is 20.515; and,
WHEREAS, required approval, clearance, and coordination has been accomplished from and with
appropriate agencies; and,
WHEREAS, general purpose local governments within the Transportation Planning Region(TPR) as
defined in the intergovernmental agreement of the contractor,have agreed that the Contractor shall assume
responsibilities, in cooperation with the State and in accordance with§§30-28-105 and 43-1-1103(1)C.R.S. and
23 U.S.C. Section 135; and,
WHEREAS,pursuant to 43-1-1103 (5)C.R.S., state legislation requires the CDOT to integrate and
consolidate regional transportation plans into a comprehensive state transportation plan; and,
WHEREAS, §43-1-1101 C.R.S. identifies RPCs (RPC)for the TPRs as the proper forum for regional
transportation planning; and,
WHEREAS,pursuant to §43-1-1103(3)(a)C.R.S.,the RPCs,in cooperation with the State and other
governmental agencies, are responsible for carrying out continuing,cooperative, and comprehensive
transportation planning for the TPRs; and,
WHEREAS, pursuant to §§43-1-1102(7) and 43-1-1103(5) C.R.S.,the State has developed Rules at 2
CCR 604-2 ("the Rules")which identify the TPRs and set forth the process through which RPCs for the IYKs
can develop,amend, and update regional transportation plans for integration by the CDOT into a comprehensive
state transportation plan; and,
WHEREAS,the Regional Transportation Plan is complete and will be updated on a six year cycle
pursuant to Section VII of the Rules; and
WHEREAS,the Regional Transportation Plan may be amended pursuant to Section V11 of the Rules
during intervening years so as to reflect changing conditions and maintain consistency with the long range state
transportation plan and the State Transportation Improvement Program(STIP); and,
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WHEREAS, the State receives on an annual basis federal State Planning and Research funds (SPR
funds) for purposes including statewide planning, the planning of future highway programs and local public
transportation systems, and plans for the implementation of such programs: and,
WHEREAS, the State desires to delegate its responsibility for assessing the transportation needs for any
jurisdictions within the Upper Front Range TPR not participating on the Upper Front Range RPC; and,
WHEREAS, the Upper Front Range RPC desires to conduct regional transportation planning for any
jurisdiction within the Upper Front Range TPR not participating on the Upper Front Range RPC; and,
WHEREAS, the Contractor desires to receive SPR funds apportioned to the State by the Federal
Government in accordance with 23 U.S.C. Sections 104 and 307(C) to be administered by the State and to be
spent by the Contractor on activities associated with the statewide transportation planning process carried out in
accordance with 23 U.S.C. Section 135 and §43-1-1103 C.R.S.; and,
WHEREAS, the funding has been approved and budgeted for use by the Contractor in the Fiscal Year
2004 SPR PR02-003 and the Federal Fiscal Year 2004 SPR PR 02-003 Work Program; and,
WHEREAS, the Contractor desires to be responsible for the expenditure of the SPR funds for carrying
out activities associated with the statewide transportation planning process, for the period beginning with the
executed date of the contract through June 30, 2004 (the Program Period); and,
WHEREAS, the Contractor desires to perform the work described in the Rural Planning Work Program
(Exhibit A) and has agreed to monitor the progress and costs of the work in order to stop performance prior to
incurring costs in excess of$6,000.00; and is the only entity empowered with this responsibility; and,
WHEREAS, this contract is entered into pursuant to the authority of§§43-1-106, 43-1-224, 30-28-105,
29-1-203, and 24-103-205 C.R.S.;
NOW, THEREFORE, the parties hereto mutually agree to carry out the necessary continuing,
cooperative, and comprehensive transportation planning within the Upper Front Range TPR as more specifically
described herein. The parties agree:
I. SCOPE OF WORK
A. The intergovernmental agreement creating the Contractor under C.R.S. 30-28-105, the Statewide
Transportation Planning Process and Transportation Planning Regions rules (2 CCR 604-2, "the Rules"),
and the Code of Federal Regulations (CFR 23, Part 172 and CFR 49, Part 18)regarding administration
of negotiated contracts are made a part of this contract by reference. Also, the State Special Provisions
and Exhibit A (the Rural Planning Work Program) are attached hereto and incorporated herein as terms
and conditions of this contract by this reference:
B. In the event of a conflict between CFR 23, Part 172 and/or CFR 49, Part 18 and the provisions of this
contract proper of the attachments hereto; CFR 23, Part 172 and CFR 49, Part 18 shall control to the
extent of such conflict. However, the provisions of 23 U.S.C. Section 135 take precedence over any
conflicting terms of this contract. The provisions of this paragraph do not constitute a waiver of legal
and administrative appeals available to the Contractor or the State.
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C. The contractor shall cooperatively undertake the activities related to the statewide transportation
planning process, set forth in Sections IV, V, VI, VII and VIII of the Rules and perform the tasks
identified in Exhibit A for the expenditure of SPR funds during the Program Period.
D. The contractor shall provide the mechanism for funding the tasks during the Program Period for the SPR
funds to be expended to implement the planning process in the TPR.
E. The contractor shall assure that SPR funds spent during the Program Period for those tasks identified in
Exhibit A are spent in accordance with all applicable State and Federal requirements and with the terms
of this contract.
F. The contractor shall assure that the management of the Rural Planning Work Program will be
accomplished.
G. The Contractor shall provide the products and services identified in Exhibit A to the State by the
specified date(s).
H. The Contractor shall take all reasonable steps to obtain the necessary staff or consultant services required
to carry out all tasks described and identified in Exhibit A and Section I. The selection for consultant
services shall be in compliance with all federal procurement requirements. In addition, any Request for
Proposal (RFP) used by the Contractor to secure consultant services must be reviewed and approved by
the State prior to release. The Contractor shall obtain written authorization from the State before
executing any contract for consultant services which utilizes SPR funds.
Within 30 days after the end of the Program Period, the Contractor will provide to the State a final
accomplishment report of the Rural Planning Work Program tasks performed under this contract. It
shall include, but not be limited to: (1) final accomplishments by task; (2) status of uncompleted
products; and, (3) actual expenditures for the Program Period. The State Contract Administrator has the
right to disallow any costs incurred by the Contractor which are not consistent with or in compliance
with the authorized tasks of Exhibit A.
J. The progress and cost data associated with tasks described in Exhibit A, and Section I shall be monitored
by the State at least quarterly. The State reserves the right to a mid year review meeting and will provide
at least one weeks notice of the date and time of any meeting.
II. COMPENSATION(Obligation,Billing)
A. The contractor shall bill the State for the allowable cost of those tasks eligible for SPR funds identified
in Exhibit A. Billings shall be rendered by the contractor to the State on a regular basis, provided that
such basis shall be at least quarterly. All billings shall include a statement of allowable direct costs, and
an invoice for the amount of reimbursable SPR expenditures by Work Program task incurred during the
reporting period. The State shall promptly pay the Contractor's bills for expenditures incurred in
performance of tasks described in Section I, and subject to conditions specified in Section II,Paragraphs
B and C.
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B. The State's obligation under this contract shall not exceed the maximum amount of$6,000.00 unless a
supplemental agreement is executed to increase such amount prior to additional costs being incurred.
The contractor shall be solely responsible for all expenses incurred before the execution of this contract.
In addition, the contractor shall be solely responsible for all costs incurred which are either not
allowable or which exceed the total estimated costs without a prior executed supplemental agreement.
C. Allowable costs shall be limited to those necessary to carry out the tasks described in Exhibit A, Section
I and as provided in applicable Federal Regulations as determined by the State. These include direct
costs such as the costs of computer services, salaries, technical supplies, and reproduction; public
participation-related costs including mailing costs, and public opinion surveys; State Transportation
Advisory Committee Member travel costs; and consultant contracts.
D. Federal Funding. This contract is subject to and contingent upon the continuing availability of Federal
funds for the purposes hereof. The parties hereto expressly recognize that the contractor is to be paid,
reimbursed, or otherwise compensated with funds provided to the State by the Federal Government for
the purpose of contracting for the services provided for herein, and therefore, the contractor expressly
understands and agrees that all its rights, demands and claims to compensation arising under this
contract are contingent upon receipt of such funds by the State. In the event that such funds or any part
thereof are not received by the State, the State may immediately terminate this contract without liability,
including liability for termination costs.
III. GENERAL PROVISIONS
A. For the purpose of this Contract, Mr. Todd Jorgensen is hereby designated representative of the State and
Frank Hempen is hereby designated representative of the contractor. Either party may from time to time
designate in writing new or substitute representatives or new addresses where notices shall be sent. All
notices required to be given by the parties hereunder shall be given by certified or registered mail to the
individuals at the addresses set forth below:
To CDOT: To The Contractor:
Todd Jorgensen Frank Hempen
DTD/Transportation Planning Branch Weld County Engineer
Colorado Department of Transportation 1111 H Street
4201 E. Arkansas Avenue, EP-B606 Greeley, CO 80632
Denver, CO 80222
B. The parties aver that,to their knowledge, their employees have no interest in and shall not acquire an
interest in, directly or indirectly, which would conflict in any manner or degree with the performance and
services required to be performed under this contract. The parties further promise that they will not
employ any person having an outside interest in the performance of this contract.
C. The Contractor warrants that it has the authority to enter into this contract under the intergovernmental
agreement which forms the RPC within the Upper Front Range TPR and that it has taken all appropriate
actions to lawfully execute such authority. The Contractor shall be responsible for all claims and
liabilities resulting from the Contractor's acts or omissions, or the acts or omissions of consultants,
subcontractors, agents, or employees of the Contractor.
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D. (1) Data, studies, surveys, drawings, maps, models, photographs, reports, and any other materials
produced or developed pursuant to this contract shall become the property of the Contractor,
except as set forth herein; also, the Contractor is hereby authorized to copyright and market
computer software produced under this contract. All proceeds from the sale of products or
services developed under this contract must be returned to the Statewide Transportation Planning
Process. Notwithstanding the foregoing,the State and FHWA shall, without costs to them, have
the royalty-free,non-exclusive and irrevocable right to reproduce, publish, or otherwise use and
to authorize others to use, all such materials for State and U.S. Government purposes. In
addition, the State and U.S. Government shall have the right to use, duplicate, or disclose
technical data and computer software produced under this contract in whole or in part, in any
manner and for any purpose whatsoever, and to have or permit others to do so. However, should
the Contractor choose to market computer files and/or software produced under this project, the
State agrees to refer inquiries concerning such materials to the Contractor.
(2) All information, data, reports, records, and maps which are developed by the Contractor for
carrying out the Rural Planning Work Program within the Upper Front Range TPR, shall be
made available in sufficient copies (not to exceed fifteen) to the State and FHWA, and directed
by the State.
(3) All reports pertaining to the performance of this contract shall be reviewed and approved
pursuant to the procedures established under the Rules, but no report will be published without
the prior approval of FHWA. Any published material shall acknowledge the participation of the
State and the FHWA in recognition of the cooperative nature of the Statewide Transportation
Planning Process.
(4) The Contractor and any consultants shall maintain all books, records, and other documentation
pertaining to authorized Rural Planning Work Program tasks and to completely substantiate all
costs incurred during the Program Period for a period of three years from the date of termination
of this contract. These records shall be made available for inspection and audit to the State,
FHWA, or the Comptroller General of the United States, and copies thereof shall be furnished, if
requested. The Contractor shall include this record keeping/audit requirement in any contract
with any consultant employed to perform Rural Planning Work Program tasks by expressly
requiring the Consultant to comply with this requirement.
(5) The State and FHWA are specifically authorized to review and inspect at all reasonable times all
such records, and all technical and financial aspects of the tasks described in Exhibit A. FHWA
will arrange such reviews and inspections through the State.
E. The Special Provisions attached hereto are incorporated herein by this reference.
F. Either party has the right to withdraw from this contract by giving written notice to the other party at
least 60 days in advance of such withdrawal, whereupon the contract shall terminate at the expiration of
the period of notice.
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G. Officers, members, or employees of the parties and members of the governing body of the localities in
which the planning program is situated or being carried out, who exercise any function or responsibility
in the review or approval of the undertaking or carrying out of this contract, shall not: (1) participate in
any decision related to this contract which affects their personal interest or the interest of any
corporation, partnership, or association in which they are directly or indirectly interested; or, (2) have
any interest, directly or indirectly, in this contract or the proceeds thereof.
H. The term of this contract shall begin on the executed date and extend through
June 30, 2004.
(1) Contract Options
A. The state may increase the quantity of goods/services described in Exhibit A at the unit prices
established in the contract. The state may exercise the option by written notice to the
contractor within 60 days before the option begins in a form substantially equivalent to
Exhibit B. Delivery/performance of the goods/service shall continue at the same rate and
under the same terms as established in the contract.
B. The state may unilaterally increase/decrease the maximum amount payable under this contract
based upon the unit prices established in the contract and the schedule of services required, as
set by the state. The state may exercise the option by providing a fully executed option to the
contractor, in a form substantially equivalent to Exhibit B, immediately upon signature of the
State Controller or his delegate. Performance of the service shall continue at the same rate
and under the same terms as established in the contract
C. Bilateral changes within the general scope of the contract, as defined in Paragraph 1 above,
may be executed using the option letter process described in this paragraph and a form
substantially equivalent to the sample change order letter attached as Exhibit B for any of the
following reasons.
(1) Where the agreed changes to the specifications result in an adjustment to the price,
delivery schedule, or time of performance.
(2) Where the agreed changes result in no adjustment to the price, delivery schedule, or time
of performance. The option letter shall contain a mutual release of claims for adjustment
of price, schedule, or time of performance.
(3) Where the changes to the contract are priced based on the unit prices to be paid for the
goods and/or services stashed in the contract or Attachment.
(4) Where the changes to the contract are prices based on established catalog generally
extended the public.
D. Other bilateral modifications not within the terms of this paragraph must be executed by
formal amendment to the contract, approved in accordance with state law.
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I. To the extent that this Contract may be executed and performance of the obligations of the parties may
be accomplished within the intent of the Contract, the terms of this Contract are severable, and should
any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or
failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a
term hereof shall not be construed as waiver of any other term.
J. This Contract is intended as the complete integration of all understanding between the parties. No prior
or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect
whatsoever,unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or
other amendment hereto shall have any force or effect unless embodied in a written contract executed
and approved pursuant to the State Fiscal rules.
K. 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.
L. Neither party may assign its rights or duties under this Contract without the prior written consent of the
other party.
M. The Contractor represents and warrants that it has taken all actions that are necessary or required by
internal procedures and bylaws, and applicable law, to properly authorize the undersigned signatory for
the Contractor to lawfully execute this Contract on behalf of the Contractor and to bind the Contractor to
its terms.
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IV INDEPENDENT CONTRACTOR RELATIONSHIP
The contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
the contractor nor any agent or employee of he contractor shall be or shall be deemed to be an agent or employee
of the state. Contractor shall pay when due all required employment taxes and income tax and local head tax on
any moneys paid pursuant to this contract. Contractor acknowledges that the contractor and its employees are
not entitled to unemployment insurance benefits unless the contractor or a third party provides such coverage
and that the state does not pay for or otherwise provide-such coverage. Contractor shall have no authorization,
express or implied, to bind the state to any agreements, liability, or understanding except as expressly set forth
herein. Contractor shall provide and keep in force worker's compensation (and show proof of such insurance)
and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for
the acts of the contractor, its employees and agents.
V GRANT ASSURANCES
A. Since this grant contract involves the expenditure of federal funds, the grantee/local agency/contractor
shall at all times during the execution of this contract strictly adhere to and comply with all applicable
federal laws and regulations, as they currently exist and may hereafter be amended, which are
incorporated herein by this reference as terms and conditions of this contract. The grantee/local
agency/contractor shall also require compliance with these statutes and regulations in subgrant
agreements entered into under this contract. Federal laws and regulations that may be applicable
include:
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B. The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments" (Common Rule), at 49 Code of Federal Regulations, Part 18, or the "Uniform
Administrative Requirements for Grants and Agreements with Non-Profit Organizations", at 49 Code of
Federal Regulations, Part 19, as applicable. The requirements of 49 CFR Part 18, or Part 19, include,
without limitation:
(1) the Contractor shall follow applicable procurement procedures, as required by section 18.36(d)
or 19.36(d);
(2) the Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in
the manner, and to the extent required by, applicable provisions of section 18.30 or section
19.30;
(3) the Contractor shall comply with section 18.37 or section 19.37 concerning any subgrants;
(4) to expedite any CDOT approval, the Contractor's attorney, or other authorized representative,
shall also submit a letter to CDOT certifying Contractor compliance with section 18.30 or section
19.30 change order procedures, and with 18.36(d) or section 19.36(d)procurement procedures,
and with section 18.37 or section 19.37 subgrant procedures, as applicable;
(5) the Contractor shall incorporate the specific contract provisions described in section 18.36(i) or
section 19.360) (which are also deemed incorporated herein) into any subcontract(s) for such
services as terms and conditions of those subcontracts.
C. Title 23, United States Code, Part 172, and Title 23, Code of Federal Regulations, Part 172, if the
contract work includes professional engineering or architectural services.
D. Title 23,United States Code, Part 112, and Title 23, Code of Federal Regulations, Parts 633 and 635, if
the contract work includes construction services.
E. Provided, however, that to the extent that other applicable federal requirements (including the provisions
of Title 23) are more specific than provisions of Title 49,Part 18 or 19, those requirements shall
supersede such Part 18 or 19 provisions.
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SPECIAL PROVISIONS
(Not for Use with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30.202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or
such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION.
The Contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all
claims, damages, liability and court awards including costs,expenses, and attorney fees incurred as a result of
any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the
terms of this contract.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL
BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED
EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO
THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED
TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE
AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO
AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS,LIABILITY,OR UNDERSTANDING
EXCEP1 AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND
UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY
RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not
incorporated herein by reference,which provides for arbitration by any extra judicial body or person or which is
otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained
in any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall 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 will not
invalidate the remainder of this contract to the extent that the contract is capable of execution.
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At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal
and State laws, rules, and regulations that have been or may hereafter be established.
7. VENDOR OFFSET. CRS 24.30-202(1)&CRS 24-30-202.4
Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to State agencies
under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b)
unpaid balance of tax,accrued interest,or other charges specified in Article 21,Title 39,CRS; (c)unpaid loans
due to the Student Loan Division of the Department of Higher Education; (d)owed amounts required to be paid
to the Unemployment Compensation Fund;and(e)other unpaid debts owing to the State or any agency thereof,
the amount of which is found to be owing as a result of final agency determination or reduced to judgment as
certified by the controller.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or beneficial
interest whatsoever in the service or property described herein.
Revised: 12/1/01
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
B1LL OWENS,GO VERNOR
1 4h7 Cain
/
Legal Name of Connecting Entity 'fer Finc
• D ision ' ector
6 coo 16 'vision of Transportation Development
S�-ial Security N 'or FEN LEGAL REVIEW;
l p KEN SALAZAR,ATTORNEY GENERAL
Siguuaduum AethodrazedOfficer /, p Ch epc tir-
TradAlfidsella
Prins Name&'tide of Authorized Officer Assistant Attorney General
Natural Resources Section
CORPORATIONS:
(A corporate seal-or attesmdod is .)'
Attest(foal)By
(C .tt Set or uivaleaL or Tow ri/Coimty Clerk)
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ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 2430.202 requires that the State Controller approve an 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:
By
Date •A*1 9 G0v'3
Revised: 1211/01
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EXHIBIT A
RURAL PLANNING WORK PROGRAM
The purpose of this exhibit is to present detailed procedures for the continuation of the statewide transportation
planning process within the Transportation Planning Regions.
TASK I- STATEWIDE TRANSPORTATION ADVISORY COMMITTEE (STAC)
Purpose: For the STAC representative from the Upper Front Range Transportation Planning Region to
attend regularly scheduled meetings and carry out the other duties of the STAC pursuant to
Section 43-1-1104 C.R.S., as amended, and to Section V. of the Rules for the Statewide Planning
Process (2 CCR 604-2).
Method: 1. Review and comment on Regional Transportation Plans.
2. Review and provide a recommendation to the Department on whether the plans,
amendments, and updates to these plans meet the requirements of sections V,-A of the
Rules.
3. Assist in resolving conflicts which arise between TPRs, or between the Department and a
TPR.
4. Make recommendations to the Department concerning the integration and consolidation
of.Regional Transportation Plans (RTP) into the State Transportation Plan.
5. Provide advice to the Department on Colorado's mobility requirements by furnishing
regional perspectives on transportation problems requiring statewide solutions.
6. Make recommendations to Planning Organizations and the Department that will improve
modal choice, linkages between modes, and transportation system continuity.
TASK 2 - PUBLIC PARTICIPATION
Purpose: For the Upper Front Range Transportation Planning Region in cooperation with the Department
in carrying out the Statewide Public Participation Process for Transportation Planning pursuant
to Section VI-A of the Rules for the Statewide Planning Process (2 CCR 604-2).
1. Cooperate with the Department in providing reasonable notice and opportunity to
comment on upcoming state transportation planning related activities,and meetings.
2. Provide annual recommendations on the TPR project priorities for the STIP through the
Project Priority Programming Process.
3. Cooperate with the Department in facilitating public meetings in the TPR pursuant to
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Section VI-A (6) of the Rules for the Statewide Planning Process (2 CCR 604-2).
4. Review and comment on draft Statewide Transportation Improvement Programs.
5. Prepare responses to significant issues raised at required public meetings within the TPR
concerning the RTP pursuant to Section VI-A of the Rules for the Statewide Planning
process (2 CCR 604-2).
TASK 3 - STATEWIDE TRANSPORTATION PLAN REVIEW
Purpose: Provide input on the integration and consolidation of regional plans with the Statewide
Transportation Plan.
Method: Review and provide comment, through the STAC representative, on elements of the Statewide
Transportation Plan, including proposed criteria for incorporating projects into the Statewide
Transportation Plan, drafts of the Statewide Transportation Plan, and the final Statewide
Transportation Plan pursuant to Section 43-1-1103 (3) (a) C.R.S.
TASK 4 - REGIONAL TRANSPORTATION PLAN AMENDMENTS
Purpose: Circumstances altering the transportation systems planning factors upon which the RTP is based
may change the TPRs project priority recommendations to the Department and require amending
the RTP.
Method: Amend the RTP as necessary to make additions or deletions on review and analysis of the RTP to
insure successful implementation throughout the Statewide Transportation Plan pursuant to
Section VIII of the Rules for the Statewide Planning Process (2 CCR 604-2).
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OPTION LETTER
Exhibit B Date: State Fiscal Year: Option Letter No.
SUBJECT: (Please indicate purpose by choosing one of the following)
1 - Option to renew only (for an additional term)
2 - Change in the amount of goods within current term
3 - Change in amount of goods in conjunction with renewal for additional term
4 - Level of service change within current term
5- Level of service change in conjunction with renewal for additional term
In accordance with Paragraph(s) of contract routing number (FY) (Agency) (Routing
a between the State of Colorado, Department of/or Higher Ed Institution (agency name),
(division name), and (contractor's name) the state hereby exercises the option for an additional term of
(include performance period here) at a cost/price specified in Paragraph/Section/Provision , AND/OR
an increase/decrease in the amount of goods/services at the same rate(s) as specified in
Paragraph/Schedule/Exhibit
The amount of the current Fiscal Year contract value is increased/decreased by ($ amount of change) to a
new contract value of ($ ) to satisfy services/goods ordered under the contract for the
current fiscal year (indicate Fiscal Year). The first sentence in Paragraph/Section/Provision is
hereby modified accordingly.
The total contract value to include all previous amendments, option letters, etc. is ($ ).
APPROVALS:
State of Colorado:
Bill Owens, Governor
By: Date: Executive
Director
Colorado Department of Transportation
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 goods and/or services provided.
State Controller
Arthur L. Barnhart
By:
Date:
Date Issued: February 10, 2003
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AGREEMENT OF ASSIGNMENT
The Upper Front Range Regional Planning Commission (RPC): the assignor herein, is a regional
planning commission formed under 30-28-105 C.R.S., as the transportation planning organization for the Upper
Front Range Transportation Planning Region (TPR) comprised of the area within Larimer,Morgan and Weld
Counties. Weld County, the assignee herein, is an Incorporated County in Colorado which is a member of the
RPC.
The Upper Front Range RPC has agreed to be responsible for regional transportation planning activities
within the Upper Front Range TPR, including the development of a long-range regional transportation plan, and
the Colorado Department of Transportation (CDOT)has agreed to provide federal transportation planning funds
to the Upper Front Range RPC to carry out this responsibility.
Due to the facts that the Weld County has the capability for administrative and accounting services and
has a federal tax identification number which is a state accounting prerequisite for reimbursement of funds, and
that the Upper Front Range RPC does not, the Upper Front Range RPC hereby assigns, orders and transfers to
the Weld County the right to receive the federal transportation planning funds directly from CDOT. The Upper
Front Range RPC retains all other duties and responsibilities for regional transportation planning activities in
the Upper Front Range TPR as defined in the Regional Transportation Planning Contract between the Upper
Front Range RPC and CDOT. This agreement is effective on the date indicated below and remains in effect
until one of both parties requests a termination of the agreement in writing to the other party.
Assignor warrants:
(a) This agreement is permitted under the terms of the Transportation Planning Contract between the
Upper Front Range RPC and CDOT, contingent upon written concurrence of CDOT.
(b) There are no claims or demands concerning or arising from the contract between the Assignor
and CDOT.
(c) The Weld County agrees to receive the federal transportation planning funds from CDOT on
behalf of the Upper Front Range RPC for the sole purpose of reimbursing regional transportation
planning activities including administrative, accounting and professional planning services.
(d) The Weld County agrees to maintain separate accounting of the federal transportation planning
funds made available to the Upper Front Range RPC from any other funds received by the Weld
County.
(e) The Weld County agrees to comply with the terms of the Regional Transportation Planning
Contract provisions.
(1) The Upper Front Range RPC retains all other duties and responsibilities for regional
transportation planning activities in the Upper Front Range TPR as defined in the Regional
Transportation Planning Contract.
IN WITNESS THEREOF,the Upper Front Range Regional Transportation Planning Commission has
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executed this Agreement of Assignment through the undersigned officer on the date written below.
Upper Front Range Re ' al Planning Commission
By:
hai rson
Date: > / Vo_3
16
ACCEPTANCE
Weld County, the assignee named in the above agreement, accepts the assignment from the Upper Front
Range Regional Planning Commission(RPC)to receive the federal transportation planning funds from CDOT
on the behalf of the Upper Front Range RPC for the sole purpose of reimbursing regional transportation
planning activities including administrative, accounting and professional planning services.
Further,the Weld County agrees to maintain separate accounting of the federal transportation planning
funds made available to the Upper Front Range RPC from any other funds received by the Weld County.
And,the Weld County agrees to comply with the terms of the Regional Transportation Planning
Contract provisions.
Weld County
By:
Date:
CONSENT
By its signature below, CDOT consents to the terms of this Agreement of Assignment.
COLORADO DEPARTMENT OF TRANSPORTATION
By: 6 .
Date:
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8T 'd 8V:ST b0, L UPC LLL6-LSL-£0£:XPd GIG
‘H-1- 5( t \ MEMORANDUM
WI I D C
TO: Donna Bechler, Clerk to the Board DATE: 1/7/2004 FROM: Francie Collins, Public Works
COLORADO SUBJECT: Executed Documents
. I've acquired an executed contract that you have held in your temporary files.
Attached for recording is the contract between State of Colorado and the Upper Front Range
Regional Planning Commission, Doc# 2003-1181.
If I can acquire an original document, I will forward it to you.
M:\PLANNING\FHDP-1.DOC
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