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HomeMy WebLinkAbout20200600.tiffStacey Swanson From: Elizabeth Relford Sent: Monday, August 10, 2020 2:26 PM To: Stacey Swanson Subject: FW: Hokestra Trail Project - Uniform Act Follow Up Flag: Follow up Flag Status: Flagged Stacey, Please close out 2020-0600 IGA with CTB, we will not be moving forward on it per BOCC direction. Please attach the letters of correspondence from myself and CDOT when you send to CTB. Thanks, Elizabeth From: Elizabeth Relford Sent: Thursday, June 25, 2020 8:33 AM To: Rees - CDOT, Christine <christine.rees@state.co.us>; Hayley Balzano <hbalzano@co.weld.co.us>; Clayton Kimmi <ckimmi@weldgov.com> Cc: Peter Sulmeisters - CDOT<peter.sulmeisters@state.co.us>; Neil Lacey - CDOT <neil.lacey@state.co.us>; Heather Paddock <heather.paddock@state.co.us>; Don Dunker <ddunker@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Katrina Kloberdanz - CD0T<katrina.kloberdanz@state.co.us>; Keith Sheaffer - CDOT <keith.sheaffer@state.co.us>; Bryce Reeves <bryce.reeves@state.co.us>; katelyn.triggs@state.co.us; richard.barker@state.co.us; brian.cesarotti@state.co.us Subject: Re: Hokestra Trail Project - Uniform Act Ms. Rees, Thank you for your response and confirming CDOT picks and chooses how to apply the federal standards with no consistent process being enforced. It was my hope you would come back and say that ROW clearance could be approved if a one page ROW plan showing the TE along with the donation form from Weld Central is included reflecting no monetary exchange, similar to other trail projects we have done in the past. While ROW wants a trail in the original alignment, CDOT did not offer a variance to the bike/ped safety standards which would be required to accommodate that alignment, so while you consider that a feasible option, it really isn't. Based on our interpretation, Weld County did follow the federal guidelines and we believe strongly in following procedural guidelines as our track record with federal projects speaks for itself. Further, considering we owned this property in question for the past 20 years, it is clear that common sense has escaped this determination. Therefore, since Weld County can save $100,000 and time by not using your MMOF, we are happy to proceed on this great trail project without your partnership. Sincerely, Elizabeth Relford Deputy Director Weld County Public Works 1111 H Street PO Box 758 CC: NA (Na /cK/ER) of/2o/20 aoao -oc000 E.GOOl$ Greeley, CO 80632-0758 Email: erelford(co.weld.co.us Office: (970) 400- 3748 Mobile: (970) 673-5836 Web: http://www.co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On May 22, 2020, at 11:11 AM, Rees - CDOT, Christine <christine.rees@state.co.us> wrote: At your convenience, please see the attached memo. Thank you Christine Rees Right of Way Program Manager Division of Project Support, Project Development Branch 40 COOT COLORADO Department of Transportation P 303.757.9836 I F 303.757.9868 2829 W. Howard Place, Denver, CO 80204 christine.reesastate.co.us I www.codot.Rov <23390 Weld County Hokestra Trail HQ Memo 5-22-20.pdf> 2 a COLORADO Department of Transportation 2829 W. Howard Place Denver, CO 80204-2305 TO: ELIZABETH RELFORD, DEPUTY DIRECTOR WELD COUNTY PUBLIC WORKS FROM: CHRISTINE REES, RIGHT OF WAY PROGRAM MANAGER PROJECT DEVELOPMENT BRANCH, DIVISION OF PROJECT SUPPORT DATE: MAY 22, 2020 SUBJECT: R4 LA PROJECT 23390 - WELD COUNTY HOKESTRA TRAIL - UNIFORM ACT COMPLIANCE This memo is in response to your letter to Rich Barker at the Colorado Department of Transportation ("CDOT"), dated April 8, 2020, responding to CDOT Region 4's March 11, 2020 email notifying Weld County ("County") of alleged circumvention of Federal guidelines for right of way acquisition for the Hokestra Trail Project ("Project"). Per your request, CDOT Headquarters Right of Way ("HQ ROW") has reviewed your letter and project information to determine whether state funds may be used on the Project. HQ ROW understands the County's main request is whether funds from CDOT's Multimodal Options Fund ("MMOF") can be used on the Project. It appears from the County's April 8, 2020 letter that the County's reason for not following the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 ("Uniform Act") for the entirety of this Project is (1) the Uniform Act is inapplicable to the MMOF state funding; and in the alternative (2) the Uniform Act is not yet applicable to the Project because the Intergovernmental Agreement between CDOT and the County has not yet been executed. HQ ROW respectfully disagrees with both of the County's explanations. It continues to be CDOT's position that the Uniform Act applies to the Project. Moreover, the execution of an IGA is not a trigger for the applicability of the Uniform Act. HQ ROW observes that Weld County received notice of the applicability of the Uniform Act by CDOT Region 4 in its February 7, 2019 funding award letter, which read as follows: The project must comply with all CDOT and/or FHWA requirements, including those associated with clearance for right of way, utilities and environmental. All costs associated with clearances, including right of way acquisition, utilities relocation and environmental mitigation measures, such as wetland creation, must be included in the project costs. COOT staff will assist in determining which clearances are required for your project. The CDOT Local Agency Manual includes project 2829 W. Howard Place Denver, CO 80204-2305 P 303.757.9011 www.codot.gov requirements to assist with contracting, design and construction, accessed at: http: / /www. coloradodot. info/business/ designsupport/bulletins_manuals. Additionally, the requirement to follow the Uniform Act was subsequently discussed or noted on at least two other occasions: • A contract meeting was held on October 1, 2019. Attendees from Weld County included Hayley Balzano, Clay Kimmi, Don Dunker and from CDOT Region 4 Katelyn Triggs attended. The contract meeting agenda was provided by CDOT prior to the meeting and included discussion on what was required for CDOT right of way clearance including a link to the COOT Right of Way Manual. Specifically, Section Viii (c) of the agenda was entitled "Clearances, ROW" and stated "Need certification letter from LA and applicable ROW docs," and then included the following link: ROW manual: http://www.cdot.gov/business/manuals/right-of-way For the October 1, 2019 meeting, the County prepared a word document entitled "Scope, Timeline, and Budget." The document, which was discussed in the meeting, stated the following: Right-of-way for the project has been acquired. This work will conform to AASHTO design standards and all applicable Federal and State requirements. Lastly, during this meeting, it was CDOT's understanding that no new acquisitions or easements were needed and the County was instructed to contact CDOT if that changed. • An in -person right of way discussion was held at CDOT Region 4 headquarters on February 13, 2020. The meeting was in response to the County's Right of Way Certification Letter sent via email from Hayley Balzano to Katelyn Triggs on January 31, 2020, stating that easement agreements were obtained on December 17, 2019. CDOT Region 4 Right of Way requested additional information from the County for CDOT review in determining a course of action. Looking to legal authority, it is HQ ROW's opinion that Colorado state law makes clear that CDOT has the authority to administer acquisition assistance for any projects or programs on the state highway system or using state funds: • "Notwithstanding any provision of this article to the contrary, the department of transportation has the primary authority to administer acquisition and relocation assistance for all highway and highway -related programs or projects on the state highway system." CRS 24-56-108(2)(a); • 'The department of transportation also has authority to coordinate and administer acquisition and relocation assistance for all highway and highway -related programs or projects which are not on the state highway system to the extent provided in paragraph (b) of this subsection (2)." CRS 24-56-108(2)(a); and 2829 W. Howard Place Denver, CO 80204-2305 P 303.757.9011 www.codot.gov • "The department of transportation may use the provisions of this article for programs or projects on the State highway system funded from the state highway fund." CRS 24- 56-108(4). In addition, as a practice, CDOT follows the provisions of the Uniform Act for all state -funded projects, regardless of the funds source, and this policy is described in Section 8.1.4 of CDOT's Right of Way Manual as follows: Accordingly, Title 24, Article 56 of the Colorado Revised Statutes, which specifically incorporates the Uniform Act by reference, is applicable to all LPA programs and projects that improve or modify a portion of a federal or state highway regardless of the source of funding. Lastly, while the MMOF was established by Colorado SB 18-001, nothing in the MMOF's enacting legislation takes away or alters CDOT's authority to administer acquisition assistance for projects or programs on the state highway system or using state funds. Per the County's April 8, 2020 letter, it appears that the County cannot build the trail in the original alignment or use only County funds to build the trail. However, if the County is still interested in using MMOF funds, CDOT Region 4 Right of Way will still accept a letter from the County in which the County acknowledges that it has not followed federal guidelines for the right of way acquisition and will prevent such an occurrence from happening in the future. Thank you for your attention. CC: Neil J. Lacey, P.E., Project Development Branch Manager Peter Sulmeisters, CDOT Region 4 Right of Way Manager Brian Cesarotti, CDOT Headquarters Acquisition -Relocation -Records Supervisor Rich Barker, CDOT Region 4 Right of Way Keith Sheaffer, P.E., Region 4 South Program Engineer Katrina Kloberdanz, P.E., Region 4 Traffic/Safety Engineer Bryce Reeves, P.E., Region 4 Traffic/Local Agency Resident Engineer Katelyn Triggs, Region 4 Local Agency Project Manager 2829 W. Howard Place Denver, CO 80204-2305 P 303.757.9011 www.codot.gov PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 PHONE: (970)304-6496, EXT. 3750 FAX: (970)304-6497 April 8, 2020 To: Rich Barker, CDOT Right -of -Way Division RE: R4 LA Project 23390 - Weld County Hokestra Trail Project The purpose of this letter is in response to CDOT's email, dated March 11, 2020, notifying Weld County that CDOT Region 4 Right -of -Way alleges Weld County has not followed the federal guidelines for right-of-way acquisition for the Hokestra Trail Project. The letter further states that Weld County's options are to: 1. Build the trail in the original trail alignment, for which the easement was secured by reservation to deed; 2. Build the trail with county funds only; or 3. Submit a letter to Region 4 ROW indicating, we acknowledge we have not followed federal guidelines for right-of-way acquisition; however, we will prevent such an occurrence from happening in the future, as well as committing to follow state and federal guidelines in the future, and lastly, requesting the ability to apply the MMOF funding to this project. Not all of these options presented are really feasible for this project. For example, option 1 outlined by Region 4 to "build the trail in the old alignment" does not comply with the AASHTO Guide for the Development of Bicycle Facilities as the old alignment curves do not meet safety standards for horizontal curves. The attorneys who drafted the deed containing the "old alignment" were not aware of the construction standards for a bike trail. In comparison, Weld County recently completed another CDOT bike trail project along the Cache La Poudre River using TAP funds, which had an original trail alignment with no metes and bounds description and yet for this project, Region 4 ROW required the County to obtain a new metes and bounds description for the trail. In order to maintain consistency between projects, Weld County delineated a mete and bounds description for the "new alignment" since Region 4 stated it followed federal requirements on our last trail project. The County's intent was not to circumvent state statutes for the acquisition of ROW for a project. The County was simply trying to be consistent on this trail project with the direction we received on our other previous trail project. Weld County takes process very seriously, while striving to be efficient with time and responsible with taxpayer's money. Option 2 does not assist CDOT in spending the MMOF funds in the limited time frame available. Weld County could be one of the first communities able to complete a project using the MMOF, which helps support CDOT, so I am not sure why this is even being offered as an option? Weld County has a long history of working with CDOT on federalized projects in order to maintain a positive track record for utilizing future FHWA/CDOT grants. Therefore, you are receiving a modified version of option 3 because the County has not intentionally ignored federal guidelines for ROW acquisition on this project or in the past and does not intend to circumvent those guidelines in the future. It is a fact that the federal guidelines for right-of-way acquisition do not apply to this project, since it is funded by State Multimodal Options Funds (MMOF). Weld County believes in processes and following the proper processes. The federal process CDOT alleges to be followed is onerous and does not apply to state funded projects. State funding on a project implies that we follow state statutes. Weld County believes state statutes were adhered to for this project. Especially, considering Weld County was the previous landowner for this parcel for more than 20 years. The County had been working with the current landowner prior to this grant application in order to revise the "old alignment" so the AASHTO standards could be met. At the time the legal descriptions for the "new alignment" were recorded, the IGA had not yet been signed for the project. Since the IGA between CDOT and the County still has not been executed, the guidelines outlined in the IGA are not yet applicable to the Hokestra Trail project. Therefore, Weld County Public Works is requesting the Hokestra easement agreements and prior ownership of the property be forwarded to CDOT Headquarters Right -of -Way staff to make a determination whether MMOF can be used on this project. CDOT has indicated the method of funding requires this project be advertised for bid by September of 2020. Ironically, option 3 delays the entire project; however, we are still optimistic HQ ROW will understand our predicament and realize our good faith efforts to follow the process and be willing to complete this trail project in a timely manner. Please do not hesitate to contact me at 970-673-5836 or erelford a@weldgov.com, if you have any questions about this project. Sincerely, L Elizabeth' Relford, Deputy Diraetor Weld County Public Works Attachments: 3-11-20 Email M:\FORMS\PW Letterhead.docx RESOLUTION RE: APPROVE CONTRACT FOR RELOCATION OF HOKESTRA PEDESTRIAN TRAIL 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 Relocation of Hokestra Pedestrian Trail between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado Department of Transportation, commencing upon full execution of signatures, 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 Relocation of Hokestra Pedestrian Trail between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado Department of Transportation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of February, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:dj.�d�.4/1l w .ei,„;A Weld County Clerk to the Board BY: APP Deputy Clerk to the Boar orney Date of signature: o3/O'-F/zO Mike Freeman, Chair Steve Kevin D. Ross Cc : PcJ (H B/cx/ E R) 2020-0600 EG0078 C_ond- I9 #3110 MEMORANDUM TO: Esther Gesick, CTB FROM: Hayley Balzano, Public Works DATE: February 3, 2020 SUBJECT: Hokestra Pedestrian Trail IGA Please place the attached IGA for the Hokestra Pedestrian Trail on the next available Board of County Commissioners hearing agenda. This is OnBase Contract ID 3410. Three originals have been forwarded to CTB. Please return all three originals so that they can be forwarded to CDOT for contract execution. When Weld County sold the Hokestra Pit to the Central Colorado Water Conservancy District (Central) for water storage, an easement as retained for the existing bike trail. As part of the sales agreement, the County was to relocate the portion of the trail that crossed the emergency spillway for Cell Two. Weld County applied for and receive a multi -modal options fund (MMOF) grant from DRCOG (vetted through CDOT) in the amount of $100,000 to relocate this portion of the trail. In December, the Board of County Commissioners approved the Temporary Construction Easement and the Permanent Easement for this construction and these easements have been recorded. The attached IGA document is for the grant. The construction proposed includes a pedestrian bridge and approximately 750 feet of pedestrian trail The IGA allows for more exact requirements, qualities and attributes of the work to be identified during the design phase. The agreement will become effective as of receipt of the Option Letter from the State and will remain effective until the work is completed. Total funding for the project is estimated to be $327,700.00, with $100,000.00 in state funds (grant) and $227,700.00 in Weld County funds. 0249 2020-0600 E&0078 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Hokestra Trail IGA DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi, and Hayley Balzano DATE: January 31, 2020 Brief description of the problem/issue: When the County sold the Hokestra Pit to the Central Cblorado Water Conservancy District (Central) for water storage, an easement for the existing bike trail was retained. As part of the sale, the County was to relocate the portion of the trail that crossed the emergency spillway of Cell Two. Weld County applied for and received a multi -modal grant from CDOT in the amount of $100,000 to relocate the trail portion. The IGA allows for more exact requirements, qualities, and attributes of the work to be identified during the design phase. The agreement will become effective as of receipt of the Option Letter from the State and will remain effective until the work is completed. Total funding for the project'is estimated to be $327,700.00, with $100,000.00 in state funds (grant) and $227,700.00 in Weld County funds. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Accept and sign (blue ink) three single -sided copies of the Hokestra Trail Pedestrian Bridge IGA 2. Do not accept the Hokestra Trail Pedestrian Bridge IGA and request a work session Recommendation: Public works recommends acceptance and signature of this IGA. -Sean--Conway Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Approve Schedule Recommendation Work Session fl a Other/Comments: OLA #: 331002080 Routing Al: 20-1-1A4-XC-0301 1 State $LAWRK PROJECT: MTF C030-080 (23390), Hokestra Trail Ped Bridge rk THIS CONTRACT made this /9day of 20426, 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 WELD COUNTY GOVERNMENT hereinafter referred to as the "Contractor" or the "Local Agency." CONTRACT REGION: 4 DZ 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 agency) highway system. 3. Local Agency anticipates a project for CDOT will oversee Weld County when the County completes the Hokestra Trail project. and by the date of execution of this contract, the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form #463 describing the general nature of the Work. The Local Agency understands that before the Work begins, the Local Agency must receive an official written "Notice to Proceed" prior to commencing any part of the Work. The Local Agency further understands, before the Work begins, the form #463 may be revised as a result of design changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in form #463, as it may be revised. 4. The Local Agency has requested that State funds be made available for project MTF C030-080 (23390), Hokestra Trail Ped Bridge referred to as the "Project" or the "Work." Such Work will be performed in Weld County, Colorado, specifically described in Exhibit A. 5. The State has funds available and desires to provide 50% of the funding for the work. 6. The Local Agency desires to comply with all state and other applicable requirements, including the State's general administration of the project through this contract, in order to obtain state funds for the project. 7. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. 8. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. and Exhibit B. 9. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 10. The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of CDOT will oversee Weld County when the County completes the Hokestra Trail project., in Weld County, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in Section 27 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibit B (Local Agency Resolution) 5. Exhibit C (Funding Provisions) 6. Exhibit D (Option Letter) Document Builder Generated Page 1 of 12 Rev. 12/09/2016 OLA #: 331002080 Routing #: 20-HA4-XC-0301 i 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 the Local Agency. Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. C. Funding will be detailed in Exhibit C of the funding provisions. Section 5. Project Payment Provisions A. The State will reimburse the Local Agency for incurred costs relative to the project following the State's review and approval of such charges, subject to the terms and conditions of this Contract. Provided however, that charges incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged by the Local Agency to the project, and will not be reimbursed by the State. B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of Performance of the Work, not exceeding the maximum total amount described in Exhibit C. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this contract. The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local Agency shall be: 1. In accordance with the provisions of Section 5 and with the terms and conditions of this contract; 2. Necessary for the accomplishment of the Work; 3. Reasonable in the amount for the goods and services provided; 4. Actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect of reducing the cost actually incurred); 5. Incurred for Work performed after the effective date of this contract; 6. Satisfactorily documented. C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project funds are expended and costs accounted for in a manner consistent with this contract and project objectives. 1. All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. D. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). Document Builder Generated Page 2 of 12 Rev. 12/09/2016 OLA #: 331002080 Routing #: 20-HA4-XC-03011 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. E. The Local Agency will prepare and submit to the State, no more than monthly, charges for costs incurred relative to the project. The Local Agency's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format to be supplied by the State. F. To be eligible for payment, billings must be received within 60 days after the period for which payment is being requested and final billings on this contract must be received by the State within 60 days after the end of the contract term. 1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. 3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State's election. Section 6. Option Letter Modification An option letter may be used to authorize the Local Agency to begin a phase without increasing total budgeted funds, increase or decrease the encumberance amount as shown on Exhibit C, and/or tranfer funds from one phase to another. Option letter modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid until signed by the State Controller or an authorized delegate. A. Option to begin a phase and/or increase or decrease the encumbrance amount The State may authorize the Local Agency to begin a phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement, with the total budgeted funds as shown on Exhibit C remaining the same. The State may increase or decrease the encumbrance amount for a particular phase by replacing the original funding exhibit (Exhibit C) in the original Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc). The State may exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State exercises this option, the Agreement will be considered to include this option provision. B. Option to transfer funds from one phase to another phase The State may permit the Local Agency to transfer funds from one phase (Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another as a result of changes to state, federal, and local match. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C- 1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the option letter. The funds transferred from one phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. C. Option to do both Options A and B The State may authorize the Local Agency to begin a phase as detailed in Exhibit A, and encumber and transfer funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the option letter. The addition of a phase and encumbrance and transfer of funds are subject to the Document Builder Generated Page 3 of 12 Rev. 12/09/2016 OLA #: 331002080 Routing #: 20-HA4-XC-03011 same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. Section 7. State and Local Agency Commitments The Scope of Work in Exhibit A describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the Scope of Work in Exhibit A. 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 or Local Agency specifications if approved by CDOT. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete.\ h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 2. If the Local Agency is the responsible party: a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects". b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with State requirements. c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal -aid funds are involved in the cost of such work to be done by a consultant, that consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State. If the Local Agency does enter into a contract with a consultant for the Work: (1) it shall submit a certification that procurement of any design consultant contract complied with the requirements of 23 CFR 172.5(1) prior to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. (2) it shall ensure that all changes in the consultant contract have prior approval by the State. Such changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall also be submitted. (3) it shall require that all consultant billings under that contract shall comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. (4) it (or its consultant) shall use the CDOT procedures described in Exhibit A to administer that design consultant subcontract, to comply with 23 CFR 172.5(b) . (5) it may expedite any CDOT approval of its procurement process and/or consultant contract by submitting a letter to CDOT from the certifying Local Agency's attorney/authorized representative certifying compliance with 23 CFR 172.5(b). (6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: Document Builder Generated Page 4 of 12 Rev. 12/09/2016 OLA #: 331002080 Routing #: 20-HA4-XC-03011 (a) "The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose." (b) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project." (c) "The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work." (d) The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance with State requirements. B. Construction [if applicable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the The Scope of Work in Exhibit A. 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 as described in the The Scope of Work in Exhibit A. 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. If the Local Agency is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. (1) The Local Agency has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said bids are publicly opened. (2) By indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal -aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded by the State. c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force account), rather than by a competitive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. (1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency and the Stat in advance of the Work, as provided for in 23 CFR 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Bridge Construction § 109.04. (4) All force account work shall have prior approval of the State and shall not be initiated until the State has issued a written notice to proceed. Document Builder Generated Page 5 of 12 Rev. 12/09/2016 OLA #: 331002080 Routing #: 20-HA4-XC-03011 C. State's obligations 1. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance activity. When all Work has been satisfactorily completed, the State will sign a final acceptance form. 2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Local Agency as identified in the The Scope of Work in Exhibit A, within the Work of this contract. Section 8. 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. Allocation of Responsibilities are as follows: • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way — 3114 charges); Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual. The manual is located at http://www.dot.state.co.us/ROW_Manual/. If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to CDOT after the local agency obtains title. Section 9. Utilities If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certify in writing to the State that all such clearances have been obtained. Section 10. 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: A. 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. B. Obtaining the railroad's detailed estimate of the cost of the Work. C. Establishing future maintenance responsibilities for the proposed installation. D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 11. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 12. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the State. The Local Agency will make proper provisions Document Builder Generated Page 6 of 12 Rev. 12/09/2016 OLA #: 331002080 Routing #: 20-HA4-XC-03011 for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the Local Agency's obligations to maintain such improvements. The State will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 13. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State to inspect the project and to inspect, review and audit the project records. Section 14. 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 Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 15. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 16. Representatives and Notice Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to but not in lieu of a hard -copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate Document Builder Generated Page 7 of 12 Rev. 12/09/2016 OLA #: 331002080 Routing #: 20-HA4-XC-0301 I by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. If to State CDOT Region: 4 Weld County Katelyn Triggs Hayley Balzano Project Manager Public Works Engineer 10601 West 10th Street PO Box 758 Greeley, CO 80634 Greeley, CO 80632 970-350-2160 970-400-3738 If to the Local Aeenc Section 17. 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 18. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 19. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 20. 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 21. 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 22. 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 23. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 24. 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 Document Builder Generated Page 8 of 12 Rev. 12/09/2016 OLA #. 331002080 Routing #. 20-HA4-XC-03011 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 25. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's 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. Section 26. Statewide Contract Management System If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this §Statewide Contract Management System applies. Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. Section 27. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3). These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State's Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Document Builder Generated Page 9 of 12 Rev. 12/09/2016 OLA #: 331002080 Routing #: 20-HA4-XC-03011 Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor's liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor's liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements) Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (i) Document Builder Generated Page 10 of 12 Rev. 12/09/2016 OLA #: 331002080 Routing #: 20-HA4-XC-0301 I unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State's discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services/ Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E -Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E -Verify Program or the program procedures of the Colorado Department of Labor and Employment ("Department Program") to undertake pre -employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8- 17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Document Builder Generated Page 11 of 12 Rev. 12/09/2016 OLA #: 331002080 Routing #: 20-HA4-XC-03011 Section 28. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY WELD COUNTY GOVERNMENT Name: Mike Freeman STATE OF COLORADO Jared S. Polis Department of Transportation By (print name) Chair, Board of Weld Title: County Commissioners Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director Date: (print title) *Signature Date: 02/19/2020 2nd Local Agency Signature if needed Name: STATE OF COLORADO LEGAL REVIEW Philip J. Weiser, Attorney General By (print name) Title: Signature — Assistant Attorney General Date: (print title) *Signature Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Colorado Department of Transportation Date: Document Builder Generated Rev. 12/09/2016 Page 12 of 12 7Z 02'-4,zpo26) Exhibit A —Statement of Work SCOPE OF WORK The Colorado Department of Transportation ("CDOT") will oversee Weld County when the County completes the Hokestra Trail project. (Hereinafter referred to as "this work") CDOT and Weld County believe it will be beneficial to perform this work because it will alleviate periodic flooding of the trail at this location, increase resiliency of the regional trail network and enhance the safety, mobility and quality of life for trail users. This project includes the realignment of an existing portion of concrete trail and construction of a new bridge near the spillway outflow of Cell Two just east of I-25. This work will conform to the parameters articulated in the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, AASHTO "A Policy on Geometric Design of Highways and Streets", AASHTO "Roadside Design Guide", and the CDOT Project Development Manual, CDOT M&S Standards, CDOT Design Guide, CDOT Construction Manual, Manual on Uniform Traffic Control Devices, Highway Capacity Manual, along with all applicable State and Federal guidelines. The design phase of this work is will begin as soon as reasonably possible after the execution of this agreement. The design phase will identify more exact requirements, qualities, and attributes for this work. (Herein after referred to as "the exact work"). The exact work shall be used to complete the construction phase of the project. The construction phase of the project is estimated to begin in federal fiscal year 2020 and shall finish as soon as reasonably possible. Exhibit A, Page 1 of 1 EXHIBIT B, LOCAL AGENCY RESOLUTION Exhibit B EXHIBIT C - FUNDING PROVISIONS A. Cost of Work Estimate MTF C030-080 (23390) The Local Agency has estimated the total cost the Work to be $200,000.00, which is to be funded as follows: 1. BUDGETED FUNDS a. State Funds $100,000.00 (50.00% of Participating Costs) b. Local Agency Matching Funds $100,000.00 (50.00% of Participating Costs) TOTAL BUDGETED FUNDS $200,000.00 2. ESTIMATED PAYMENT TO LOCAL AGENCY a. State Funds Budgeted $100,000.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $100,000.00 3. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount $200,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: $200,000.00 Note: No funds are currently available. Design and Construction funds will become available after execution of an Option letter (Exhibit B) orformal Amendment. WBS Element 23390.10.30 Performance Period Start*/End Date N/A / N/A Design 3020 $0.00 WBS Element 23390.20.10 N/A / N/A Const. 3301 $0.00 *The Local Agency should not begin work until all three of the following are in place: 1) Phase Performance Period Start Date; 2) The execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three milestones are achieved will not be reimbursable. B. Matching Funds The matching ratio for this Work is 50.00% State funds to 50.00% Local Agency funds, it being understood that such ratio applies only to the $200,000.00 of total budgeted funds, it being further understood that all non -participating costs are borne by the Local Agency at 100%. If the total cost of performance of the Work is less than $200,000.00, then the amounts of Local Agency and State funds will be decreased in accordance with the funding ratio described herein. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $100,000.00 (for CDOT accounting purposes, the State funds of $100,000.00 and the Local Agency matching funds of $100,000.00 will be encumbered for a total encumbrance of $200,000.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, 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. The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency's awarded contract is less than the budgeted total of the State funds and the Local Agency matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 6 of this contract. Exhibit C - Page 1 of 1 OLA #. 331001923 Routing #: 19-HA4-XC-00054 EXHIBIT D - OPTION LETTER SAMPLE IGA OPTION LETTER (This option has been created by the Office of the State Controller for CDOT use only) NOTE: This option is limited to the specific contract scenarios listed below AND may be used in place of exercising a formal amendment. Date: State Fiscal Year: Original Contract CMS # Option Letter No. Option Letter CMS Routing # Option Letter SAP # Original Contract SAP # Vendor name: SUBJECT: Option to unilaterally authorize the Local Agency to begin a phase which may include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads) and to update encumbrance amounts(a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). REQUIRED PROVISIONS: Option A (Insert the following language for use with the Option A): In accordance with the terms of the original Agreement (insert CMS routing # of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to authorize the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply— Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber previously budgeted funds for the phase based upon changes in funding availability and authorization. The encumbrance for (Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for this option for Exhibit C shall be labled as follows: C-2, C-3, C-4, etc.). Option B (Insert the following language for use with Option 8): In accordance with the terms of the original Agreement (insert CMS # of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.; and no more than 24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be made using a formal amendment). Exhibit D - Page 1 of 2 OLA #: 331001923 Routing #: 19-HA4-XC-00054 Option C (Insert the following language for use with Option C): In accordance with the terms of the original Agreement (insert CMS routing # of original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to 1) release the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply — Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase based upon changes in funding availability and authorization; and 3) to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C- 4, etc.; and no more than 24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be made using a formal amendment). (The following language must be included on ALL options): The total encumbrance as a result of this option and all previous options and/or amendments is now (insert total encumbrance amount), as referenced in Exhibit (C-1, C-2, etc., as appropriate). The total budgeted funds to satisfy services/goods ordered under the Agreement remains the same: (indicate total budgeted funds) as referenced in Exhibit (C-1, C-2, etc., as appropriate) of the original Agreement. The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS: State of Colorado: Jared S. Polis, Governor By: Date: Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. State Controller Robert Jaros, CPA, MBA, JD By: Date: Form Updated: December 19, 2012 Exhibit D - Page 2 of 2 I Creation Date: 10/08/2019 Computer File Information Last Modified Date: 1/30/2020 Initials HEB Initials HEB Full Pam yr %-ACTIVE PROJECTSu-,OKESTRA_IRAIL ICAO Drawing File Name FOR UTILITY CLEARANCE.DVVG AutoCAD Version 2019 Scale AS NOTED Units English Index of Revisions Comments SEE PRELIMINAR SERVICE, I WELD COUNTY COUNTY PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY. CO. 80632-0758 PHONE (970) 356-4000 FAX (970) 304-6497 ALIGNMENT As Constructed No Revisions Revised Vac I Ow NSA\ tetaw l.Jit whim RU 011 CALL Z-8Uf'INtat:. DAYS IN ADVANCE BEFORE v0 It0.GRADE OR EXCAVATE FOR THE M IlK(Nc; OF UNDERGROUND IdEMBER UTILITIES ILL HOKESTRA TRAIL VICINITY MAP Designer H. BALZANO Detailer H. BALZANO Sheet Subset Sheet Subset Project No./Code GR-58 Sheet Number 1 of l It as Creation Date 10/08/2019 Initials HEB PERMANENT EASEMENT EDGE OF NEW CONSTRUCTION Computer File Information Last Modified Date: 1/30/2020 Initials HEB Full Path M1-ACiNEPRO.IECISU-ICKESTRA_IRAIUCAO AutoCAD Version: 2019 Scale AS NOTED Units English !~ KN PIPELINE RECEPTION # 2568561 EXISTING TRAIL TO BE REMOYED OR DISCONNECTED -- EDGE OF WYCO PIPELINE EASEMENT Indexof • rnmenIs r Cr CWCWD SPILLWAY PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE (970) 356-4000 FAX (970) 304-6497 TEMPORARY CONSTRUCTION EASEMENT AREA OF NEW CONSTRUCTION KN PIPELINE RECEPTION #2568567 \- WYCO PIPELINE PER RE -2075 & USR-999 As Constructed No Revisions Revised Void Sheet Subset HOKESTRA TRAIL PRELIMINARY ALIGNMENT Designer H. BALZANO Detailer H. BALZANO Sheet Subset CALL UTILITY NOTIFICA CENTER OF COLORAI tom ncr,ouoa Cadi Otta.o 0w ay CALL 2 -BUSINESS DAT&.IN ADVANOg BEFORE YOU DIG GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUN9 MEMBER UTIUTtE5 Project No./Code GR-58 meet Number of Contract Form Entity Information New Contract Request Entity Name* Entity ID* COLORADO DEPARTMENT OF @00003413 TRANSPORTATION Contract Name* HOKESTRA PEDESTRIAN TRAIL IGA Contract Status CTB REVIEW Contract ID 3410 Contract Lead* HBALZANO ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project I hbalzano@co_weldco.us Contract Description IGA WITH CDOT FOR THE RELOCATION AND CONSTRUCTION OF PEDISTRIAN TRAIL AND PEDESTRIAN BRIDGE NEAR SPILLWAY FOR HOKESTRA PIT CELL TWO, NOW OWNED BY CCWCD. Contract Description 2 Contract Type* AGREEMENT Amount* $100.000 00 Renewable * NO Automatic Renewal NO Grant YES (GA YES Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHead a(.�vreldgov.corn County Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD.CO.US Grant Deadline Date IGA Deadline Date Requested BOCC Agenda Date* 02/10/2020 Due Date 02/06/2020 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* Renewal Date 02/0312020 Termination Notice Period Committed Delivery Date Expiration Date* 12'31/2120 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 02104/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02/19/2020 Originator HBALZANO Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 02/05/2020 Tyler Ref # AG021920 Legal Counsel BOB CHOATE Legal Counsel Approved Date 02/11/2020 Submit Hello