HomeMy WebLinkAboutPACKET Public Works, Utilities and Public Safety 2016-09-08Prepared 08/29/16 * Revised: 09/07/16
Thursday, September 08, 2016 Public Safety, Utilities 8:00 a.m.
& Public Works Committee Town Board Room
1.PUBLIC COMMENT
2.PUBLIC SAFETY
a)RECOMMENDATIONS TO THE TOWN BOARDi.NONE.
b)REPORTSi.Verbal Updates and Committee Questions.
3.UTILITIESa)RECOMMENDATIONS TO THE TOWN BOARD
i.Revised Invision GIS Expenditure Limit. (Dir. Bergsten)
b)REPORTSi.Verbal Updates and Committee Questions.
4.PUBLIC WORKS
a)RECOMMENDATIONS TO THE TOWN BOARDi.Stormwater Master Plan Consultant Contract Approval. (Mgr. Ash)
ii.Estes Valley Recreation and Parks District request for (Mgr. Ash)
Bike Pump Track at Stanley Park.
iii.Intergovernmental Agreement (IGA) with CDOT for Installation (Mgr. Ash)
of a Dynamic Message Sign on US36.
b)REPORTS
i.Estes Valley Recreation and Parks District request for (Mgr. Ash) Bike Pump Track at Stanley Park.ii.Verbal Updates and Committee Questions.
5.ADJOURN
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Memo Utilities Department
To:Public Safety, Utilities & Public Works Committee
Town Administrator Lancaster
From:Utilities Director Bergsten
Date:September 8, 2016
RE:Revised Invision GIS Expenditure Limit
Objective:
To increase the 2016 expenditure limit for Invision GIS in support the DOLA
broadband design grant.
Present Situation:
In May the Town Board approved Utility expenditures with InVision GIS, not to
exceed $330,000. Since that time we have been progressing on the broadband
project to the point where GIS services need to be increased for the purpose of expediting Light & Power’s project of building an inventory of their field assets and creating a new inventory of fiber assets. The inventory is the base information which
will be used by the broadband engineering designer.
Currently field power line assets are being inventoried with two crews. Each crew has a lineman and another person responsible for GPS equipment operations. One crew is working on overhead power lines and the second crew on underground power
lines.
Proposal: We propose Town Board approves revising the expenditure limit with InVision GIS for the purpose of expediting the planned field asset inventory and
installation/configuration of fiber optic asset management software.
Electric power line inventory data collection will be expedited by adding a third crew for the underground power lines. All three crews will be InVision GIS subcontractors. The installation and configuration of specialized fiber optic asset management
software would be coordinated by InVision GIS to ensure it interfaces with our electric
system software. These resources are significantly less expensive than using an
engineering firm.
If approved, the necessary budget revisions will be added to the annual
Supplemental Budget Appropriation Resolution brought forward in December.
Advantages:
The increase in expenditures will allow us to meet the DOLA grant requirement for
project completion by August 31, 2017.
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Expediting the inventory project will improve the Town’s ability to participate in
PRPA’s regional fiber inventory effort.
Disadvantages:
The expedited work will require renting additional GPS units.
Action Recommended:
Staff recommends approval of the revised Invision GIS expenditure limit for 2016 not
to exceed $465,000 and approval of the necessary budget revisions.
Budget:
An expenditure increase of $135,000 for 2016 is required to be made in the Light and
Power budget.
Level of Public Interest High. The February 2015 broadband special election was supported by 92.4% of the
vote.
Recommended Motion:
I recommend approval to the Town Board of the revised expenditures with InVision GIS not to exceed $465,000, to be included on the Consent Agenda at the
September 27, 2016 Town Board meeting.
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ENGINEERING Memo
To: Public Safety, Utilities & Public Works Committee
Town Administrator Lancaster
From:Kevin Ash, PE, Public Works Engineering Manager
Greg Muhonen, PE, Public Works Director
Date:September 8, 2016
RE:Estes Valley Stormwater Master Plan – Consultant Contract(s) Award
Objective: Public Works seeks approval for 2 professional services contracts to develop a
stormwater master plan and feasibility study that will guide the Town in its management
of stormwater planning, funding and infrastructure projects.
Present Situation: A stormwater master plan has been a significant need for the Town for many years and
was never more evident than during the September 2013 flood. Many of the Town’s
historical drainage channels, inlets, culverts and ponds were not adequate to convey
the flows that resulted from that epic rainfall event. The Town suffered significant damage that has taken years, and will continue to take years, to recover. As the Town
recovers, repairs and re-establishes, there is a plan to rebuild that is both dynamic and
resilient. Currently, the Town does not have an adopted stormwater master plan and
the current philosophy on drainage has been to individually manage the runoff for water
quality and get it to the river as quickly as possible. There has been a concerted effort by the Estes Valley Watershed Coalition, Larimer County, private residents and
developers, the Colorado Water Conservation Board (CWCB) and others to develop
and bring resilient drainage plans to address the hydrology and hydraulics of all major
drainages within the Estes Valley. The Town of Estes Park has the responsibility of
being a good steward of the public drainage system and to protect the residents and property in this area. A master plan is a key component to stormwater management.
During the September 2013 flood event, uncontrolled runoff from the surrounding
mountains contributed to the peak discharges of the primary drainages in the Estes
Valley. The runoff also resulted in damaged properties and infrastructure located in upstream areas and at the mouth of tributaries to the primary drainages. Debris flows
occurred on several mountainsides contributing to sediment accretion in the tributaries
and the primary drainages. A master plan for stormwater runoff will provide guidance
for future implementation of projects to control stormwater runoff and sediment from
debris flow events.
To develop this plan, the Town required funding to hire a consultant with expertise in
stormwater management plans. The Town applied for and received a $300,000 5
Community Development Block Grant – Disaster Recovery through the Department of Local Affairs to accomplish this. Subsequent to receiving the grant award, Public Works
was able to advance with a Stormwater Utility analysis project that had $30,000
allocated from its General Fund Engineering Budget.
Proposal: A Stormwater Master Plan for the Estes Valley will provide overall guidance to aid the
planning of future storm drainage actions and improvements. This Plan will be a “future
road map” for the drainage and flood control needs of the Estes Valley, which may
include detention and storage facilities, major drainageways, inlets, culverts, storm sewer and other items yet to be determined. The Plan will investigate coordinating the use of open spaces, rights of ways, drainage tracts, and easements to recommend
environmentally sound and resilient drainage hydraulic designs to address existing
problems and/or areas where future challenges may occur. The Plan will take into
account needs and planning for open spaces, transportation, water quality, water storage, floodplain mitigation, wildlife and other emerging urban and commercial considerations. In addition, the Plan will provide specific recommendations regarding
inadequate storm sewer and culvert systems and inadequate channels and swales.
The Plan will be a dynamic document that employs the latest techniques and will provide approaches to encourage continual advances in best management practices when implementing projects and programs. This Plan will be designed to provide, to the
extent possible, adaptable solutions to stormwater management that can respond with
flexibility to changing conditions, while keeping environmentally sustainable principles in
mind and using evidence-based and technologically sound principles. The Plan will directly enhance the existing Estes Valley Development Code regarding future developments by providing a more comprehensive, aerially extensive analysis of
stormwater management.
The Estes Valley Development Code Boundary (Project Area) is approximately 33 square miles and encompasses the Upper Big Thompson River Basin. Exhibit A shows the major subbasins within the Big Thompson River Basin. The Town of Estes Park is
the only municipality within the Project Area.
This Plan will address runoff from existing and future development areas and shall provide a minor drainage system capable of handling at least the 10-year flows, and a major drainage system designed to convey a 100-year storm runoff event for road
crossings on the primary drainages within the Project Area. It will provide
recommendations for improvements to the existing drainage ways to accommodate
both existing and future conditions. The Plan will also include an evaluation of those portions of the Estes Valley within the proposed Project Area, and make recommendations for necessary drainage facilities to correct existing deficiencies, and
serve as a guide for private and public improvements in the future.
The Town does not currently have any stormwater development impact or maintenance fees in place to collect funds needed for capital improvements or storm drainage maintenance. Maintenance is currently performed in a reactionary mode on a complaint
basis. A plan is urgently needed to quantify the magnitude of the stormwater drainage
problems, identify needed improvements and costs, and propose an implementation 6
schedule. Options to fund the needed work will also be explored, including a feasibility study on implementation of a Stormwater Utility.
On July 22, 2016, Public Works advertised a Request for Proposal and three firms
responded. A review team that included Public Works Director Greg Muhonen, Public Works Engineering Manager Kevin Ash, Town Planner Tina Kurtz and Public Works Flood Recovery Associate Samantha Phillips rated each of these 3 firms to select the
most qualified. Proposals were rated on 5 categories:
1.Project Team Qualifications (30 pts);
2.Relative Project Examples/References (30 pts);3.Responsiveness to Project Schedule/Project Approach (30 pts);4.Proposal Accuracy/Completeness/Presentation (5 pts);
5.Budget Adherence (5 pts);
The following chart contains the ratings for each of the firms:
Firm Name City Ranking
Anderson Consulting Engineers, Inc. Fort Collins 1
Matrix Design Group Denver 2
Ayres Associates Fort Collins 3
After the ratings were complete, Anderson Consulting Engineers, Inc. out of Fort Collins
was the highest ranked firm out of the 5 review categories. All 3 firms showed very well
in Project Team Qualifications and Relative Project Examples but what separated Anderson from the other 2 was their detail in the Project Approach. They demonstrated
an understanding of maximizing flood mitigation and water quality enhancements while
being economically responsible. They proposed a rating system for storm drainage
improvements with a focus on installation of infrastructure that is feasible and
constructible. They are a firm that is focused solely on drainage and have an extensive resume of stormwater master plans for northeastern Colorado municipalities.
The Anderson proposal showed a connection with the Town of Estes Park community
having worked on the Fall River and Upper Big Thompson River Restoration Master
Planning Project. They also included a local subconsultant - Cornerstone Engineering & Surveying – to assist in development of the existing drainage system and base
mapping. The schedule delivered in the RFP is to have a final Master Plan and
Feasibility Study complete by September 30, 2017.
Advantages:
•A stormwater master plan will identify regional drainage issues and prioritized
infrastructure improvements that can be a guide for the Town to make
responsible project and budget decisions regarding stormwater management.
•A feasibility study will identify processes to fund stormwater infrastructure needs
in the Estes Valley.
•Having an adopted plan will allow town staff to be proactive with maintenance
and installation of drainage infrastructure.
•The timing to develop a stormwater master plan is good. Grant funding is readily
available and coordination with recent drainage studies can be more easily
accomplished.
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•Having a stormwater master plan is beneficial to receiving grant funding for future
drainage projects.
Disadvantages:
•The stormwater master plan will identify needs and locations for stormwater
infrastructure improvements that have not been previously identified. This may
potentially impact future property development with additional cost and lost
developable land.
•The stormwater master plan will identify regional drainage issues that the Town
will need to plan and budget for. This will create additional expense to budgets
and create additional workload to staff.
Action Recommended by Staff: To advance the Estes Valley Master Plan and Feasibility Study Project and meet
funding requirement goals of a final closeout completion date of December 31, 2017,
Staff recommends awarding a professional services contract for the Stormwater Master
Plan to Anderson Consulting Engineers in the amount of $300,000. Staff also recommends awarding a professional services contract for a Stormwater Feasibility Study to Anderson Consulting Engineers in the amount of $30,000. These contracts will
be managed through the Public Works Department by Engineering Manager Kevin Ash.
Budget: This Master Plan will be funded from a $300,000 Community Development Block Grant –Disaster Recovery (CDBG-DR) grant awarded to the Town. Additionally, the
Feasibility Study will be funded with $30,000 of Town of Estes Park General Fund
monies. The Master Plan and Feasibility Study will be awarded as separate contracts.
Funding dollars for each will reside in the General Fund Engineering Budget (101-2400-424-22.02).
Level of Public Interest
Public Interest on this project is expected to be high. This project will provide a
document to guide the management of drainage infrastructure in the Estes Valley for the foreseeable future.
Sample Motion:
I move to recommend/not recommend to the Town Board authorizing a professional
services contract for the Estes Valley Stormwater Master Plan to Anderson Consulting Engineers, for a project cost not to exceed $300,000.
I move to recommend/not recommend to the Town Board authorizing a professional
services contract for the Estes Valley Stormwater Master Plan – Feasibility Study, to
Anderson Consulting Engineers, for a project cost not to exceed $30,000.
These 2 contracts to be included as an action item on the agenda for the September
13th Town Board meeting.
Attachments: Exhibit A – Estes Valley Stormwater Master Plan Boundary Map
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Date: 11/17/2015 File: Storm_DrainageBasins.mxdTOWN OF ESTES PARKSTORMWATER MASTER PLAN GRANT APPLICATIONDRAINAGE BASINSEVDC Boundary32.6 Sq MilesLAKEESTESMARYSLAKELILYLAKERIVERSIDEDRFALLRIVERRDMARYS LA KERDNSAINTVRAINAVE
HIGH DRMACGREG O R AV E PEAKVIEWDRHIGHWAY36WWONDERVIEWAVEBIGTHOMPSONAVEFISHCREEKRDDEVILSGULCHRDWHIGHWAY34SSAINTVRAINAVEHIGHWAY66WELK H ORNAVEEHIGHWAY 36
MORAINEAVETUNNELRDHIGHWAY7BEARLAKERDTRAILRIDGERDWind RiverBasin10.2 Sq MilesFall River Basin39.9 Sq MilesGlacierCreek Basin25.2 Sq MilesLake Estes-BigThompson River Basin49.8 Sq MilesHeadwaters BigThompson River Basin40 Sq MilesBlack CanyonCreek Basin10 Sq MilesFish CreekBasin15.6 Sq MilesSources: Esri, DeLorme, USGS, NPS, Sources: Esri, USGS, NOAA[05,15010,300Feet012MilesEVDC BoundarySubdivisionsBasinsBlack Canyon CreekFall RiverFish CreekGlacier CreekHeadwaters Big Thompson RiverLake Estes-Big Thompson RiverWind RiverFIGURE 1ApplicationProject Site Description9
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PUBLIC WORKS Memo
To: Public Safety, Utilities, and Public Works Committee
Town Administrator Lancaster
From:Greg Muhonen, PE, Public Works Director
Date:September 8, 2016
RE:Resolution #xx-16 Entering into an Intergovernmental Agreement (IGA)
with the Colorado Department of Transportation (CDOT) pertaining to Installation of a Dynamic Message Sign on US 36 (N Saint Vrain Ave)
Objective:
The purpose of this request is to obtain a $30,835 payment of Federal Highway Administration Congestion Mitigation and Air Quality (CMAQ) improvement program
funds through the approval of the attached CDOT Intergovernmental Agreement for the
construction of a permanent electronic dynamic message sign (DMS) on US36 east of
the intersection with 4th Street.
Present Situation:
In 2010-11 the Town and RMNP teamed up to research strategies for using technology
to change visitor travel behavior. The results of this effort are reported in the 2012
report titled “Evaluation of an Intelligent Transportation System for Rocky Mountain National Park and Estes Park” which documented the effectiveness of temporary variable message signs in increasing shuttle ridership by 34% through diverting riders
from cars and RV’s to the Town’s free shuttle and the RMNP hiker shuttle.
Also in 2011, the Transit Hub parking lot and shuttle stop was constructed at the fairgrounds. This $1.4m project was funded with a $913k CMAQ grant to reduce traffic congestion and improve air quality by redirecting motorists from cars and onto the
shuttles.
Since 2011, the Town has relied on static Park-n-Ride signage to direct visitors to the Transit Hub lot at the Fairgrounds. Utilization of the Transit Hub shuttle stop has not lived up to early expectations while traffic congestion in downtown Estes continues to
worsen. This is believed to be partially due to lack of driver awareness of this facility.
In 2015 the Town completed and opened the new Events Complex at the fairgrounds site. Access to the Events Complex is provided via Manford Avenue on the south and
4th Street on the west. The frequent activities at the Events Complex have changed the
traffic character of 4th Street from a quiet, residential street to a commercial collector
roadway during our busy guest activity season.
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Proposal: The PW staff propose to spend $55,850 to install one permanent electronic dynamic
message sign on US36 approximately 900’ east of 4th Street to encourage westbound
visitors on US 36 to park at the Transit Hub instead of downtown. See the attached
aerial map. The daily operating concept for the proposed sign includes 4 elements.
1. Dynamic Message Sign board should provide a minimum of 3 lines of text using 8"
letters and 21 characters per line. The panel would measure approximately 4’ tall
and 10’ wide.
2. Two screens of messaging should toggle approximately every 5 seconds.3. Directional arrows (left, straight, right) may be needed on each line.4. A mixture of amber and color text is optional for each line. Anticipated sample
messages include:
Screen 1: Amber Text Color Text RMNP PARKING FULL (red) or OPEN (green)
DOWNTOWN PARKING FULL (red) or OPEN (green)
PARKING GARAGE FULL (red) or OPEN (green)
Screen 2: Amber Text Color Text
<-- FREE SHUTTLE
<-- FREE PARKING
<-- OVERSIZED VEHICLES <--AUTO/RV/BUS/TRAILER (optional)
CDOT review and approval of the design and construction will be required. Future
operation and maintenance of the sign would be administered by the Town of Estes
Park Public Works Department.
PW staff has applied for additional CMAQ funding to purchase and install two more
electronic DMS boards on CO7 and US34 in 2017.
Advantages:
•The mode shift from passenger cars to shuttles for 29 cars/day during the 79 day shuttle
season is calculated to eliminate 45,820 vehicle miles traveled and improve air quality in
Estes by removing 7.6kg/yr of Volatile Organic Compounds (VOC) and 41.9 kg/yr of
Nitrogen Oxide (NOx).
•Diverting visitors from cars to shuttles decreases traffic congestion downtown and/or at
RMNP, decreases automobile/pedestrian conflicts, and reduces traffic related noise.
•Directing cars and oversize vehicles to park at the Transit Hub reduces demand on
limited downtown and National Park parking spaces and reduces circulation of motorists
prowling for available parking.
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•Placement of the proposed DMS east of 4th Street encourages left turns from US36 at a
location where the road width is sufficient to allow eastbound vehicles to drive around a
stopped, left-turning vehicle destined to the Transit Hub. The Community Drive route is
not recommended because there is no left turn lane on US36 for motorist to refuge in
while waiting for a gap in traffic. One vehicle stopped in the thru lane to make a left turn
can quickly cause long traffic queues on US36 during peak traffic periods. Additionally,
The Community Drive route would direct Transit Hub traffic to Manford Ave where it
would conflict with the primary access to our community public schools.
•The DMS creates an opportunity to communicate scarcity of parking downtown and at
RMNP early so the guest can choose to drive directly to available parking at the Transit
Hub.
•The DMS can remind drivers of oversize vehicles to park remotely instead of downtown.
•Visitors are made aware of the availability of the Town’s free shuttles and RMNP’s free
hiker shuttles.
•Large electronic signs allow real-time communication and are considered progressive
and attractive by some folks.
Disadvantages:
•A perpetual increase in electronic sign maintenance costs will be incurred by the Town.
•Directing Transit Hub traffic to use 4th Street will increase traffic adjacent to an existing
residential neighborhood.
•Encouraging left turns on US36 where no formal left turn lanes exist may lead to an
increase in rear-end collisions.
•Large electronic signs are considered unsightly by some folks.
•Special Use Permits are required from the Bureau of Reclamation and CDOT for the
electrical service to this proposed sign.
Action Recommended: The Public Works Department recommends the Board of Trustees approve the attached
Resolution #xx-16 and authorize the Mayor to sign the IGA on behalf of the Town within
one week of this action.
Budget: No new budget impact is created. The Town Board appropriated $55,850 (consisting of
$30,835 CMAQ grant funds and $25,015 local funds) from the Community
Reinvestment Fund (CRF) in the adopted 2016 budget for this project.
Level of Public Interest The level of public interest in this item is expected to be moderate.
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Recommended Motion: I recommend the consideration of Resolution #xx-16 be included as an Action Item at
the September 13, 2016 Town Board meeting.
Attachments: Resolution #xx-16 Intergovernmental Agreement
Aerial Sign Location Map
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Project:Installation of a VMS Board to direct tourists to parking shuttle (AQC M405-020 (21322)) Region: 4 (DZ) (FMLAWRK) Rev. 7/8/09
TABLE OF CONTENTS
1.PARTIES ................................................................................................................................................ 22.EFFECTIVE DATE AND NOTICE OF NONLIABILITY ................................................................... 2
3.RECITALS ............................................................................................................................................. 24.DEFINITIONS........................................................................................................................................ 2
5.TERM AND EARLY TERMINATION ................................................................................................. 36.SCOPE OF WORK ................................................................................................................................. 3
7.OPTION LETTER MODIFICATION .................................................................................................... 78.PAYMENTS ........................................................................................................................................... 7
9.ACCOUNTING ...................................................................................................................................... 910.REPORTING - NOTIFICATION ........................................................................................................... 9
11.LOCAL AGENCY RECORDS ............................................................................................................ 1012.CONFIDENTIAL INFORMATION-STATE RECORDS ................................................................... 10
13.CONFLICT OF INTEREST ................................................................................................................. 1114.REPRESENTATIONS AND WARRANTIES ..................................................................................... 11
15.INSURANCE........................................................................................................................................ 1216.DEFAULT-BREACH ........................................................................................................................... 13
17.REMEDIES .......................................................................................................................................... 1318.NOTICES and REPRESENTATIVES ................................................................................................. 15
19.RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................ 1520.GOVERNMENTAL IMMUNITY ....................................................................................................... 15
21.STATEWIDE CONTRACT MANAGEMENT SYSTEM ................................................................... 1622.FEDERAL REQUIREMENTS ............................................................................................................. 16
23.DISADVANTAGED BUSINESS ENTERPRISE (DBE) .................................................................... 1624.DISPUTES ............................................................................................................................................ 16
25.GENERAL PROVISIONS ................................................................................................................... 1726.COLORADO SPECIAL PROVISIONS ............................................................................................... 19
27.SIGNATURE PAGE ............................................................................................................................ 21
28.EXHIBIT A – SCOPE OF WORK
29.EXHIBIT B – LOCAL AGENCY RESOLUTION30.EXHIBIT C – FUNDING PROVISIONS
31.EXHIBIT D – OPTION LETTER32.EXHIBIT E – LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
33.EXHIBIT F – CERTIFICATION FOR FEDERAL-AID CONTRACTS34.EXHIBIT G – DISADVANTAGED BUSINESS ENTERPRISE
35.EXHIBIT H – LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES36.EXHIBIT I – FEDERAL-AID CONTRACT PROVISIONS
37.EXHIBIT J – FEDERAL REQUIREMENTS38.EXHIBIT K – SUPPLEMENTAL FEDERAL PROVISIONS
STATE OF COLORADO
Department of Transportation
Agreement
with
TOWN OF ESTES PARK
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1.PARTIES
THIS AGREEMENT is entered into by and between TOWN OF ESTES PARK (hereinafter called the “Local Agency”), and the STATE OF COLORADO acting by and through the Department of Transportation
(hereinafter called the “State” or “CDOT”).
2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or their designee (hereinafter called the “Effective Date”). The State shall not be liable to pay or
reimburse the Local Agency for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date.
3.RECITALS
A. Authority, Appropriation, and Approval
Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment and the required approval,
clearance and coordination have been accomplished from and with appropriate agencies.
i.Federal Authority
Pursuant to Title I, Subtitle A, Section 1108 of the “Transportation Equity Act for the 21st Century” of1998 (TEA-21) and/or the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users” (SAFETEA-LU) of 2005 and to applicable provisions of Title 23 of the UnitedStates Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be
amended, (collectively referred to hereinafter as the “Federal Provisions”), certain federal funds havebeen and are expected to continue to be allocated for transportation projects requested by the Local
Agency and eligible under the Surface Transportation Improvement Program that has been proposedby the State and approved by the Federal Highway Administration (“FHWA”).
ii. State AuthorityPursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is
responsible for the general administration and supervision of performance of projects in the Program,including the administration of federal funds for a Program project performed by a Local Agency
under a contract with the State. This Agreement is executed under the authority of CRS §§29-1-203,43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-104.5.
B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Agreement.
C. Purpose
The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT’s Stewardship Agreement with the FHWA.
D. References All references in this Agreement to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
4.DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Agreement or Contract “Agreement” or “Contract” means this Agreement, its terms and conditions, attached exhibits, documents
incorporated by reference under the terms of this Agreement, and any future modifying agreements, exhibits, attachments or references that are incorporated pursuant to Colorado State Fiscal Rules and
Policies.
B. Agreement Funds
“Agreement Funds” means funds payable by the State to Local Agency pursuant to this Agreement.
C. Budget
“Budget” means the budget for the Work described in Exhibit C.
D. Consultant and Contractor
“Consultant” means a professional engineer or designer hired by Local Agency to design the Work and “Contractor” means the general construction contractor hired by Local Agency to construct the Work.
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E Evaluation
“Evaluation” means the process of examining the Local Agency’s Work and rating it based on criteria established in §6 and Exhibits A and E.
F. Exhibits and Other Attachments The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A (Scope of
Work), Exhibit B (Resolution), Exhibit C (Funding Provisions), Exhibit D (Option Letter), Exhibit E (Checklist), Exhibit F (Certification for Federal-Aid Funds), Exhibit G (Disadvantaged Business
Enterprise), Exhibit H (Local Agency Procedures), Exhibit I (Federal-Aid Contract Provisions), Exhibit J (Federal Requirements) and Exhibit K (Supplemental Federal Provisions).
G. Goods “Goods” means tangible material acquired, produced, or delivered by the Local Agency either separately or
in conjunction with the Services the Local Agency renders hereunder.
H. Oversight
“Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the Federal Highway Administration (“FHWA”) and as it is defined in the Local Agency Manual.
I. Party or Parties “Party” means the State or the Local Agency and “Parties” means both the State and the Local Agency
J. Work Budget Work Budget means the budget described in Exhibit C.
K. Services “Services” means the required services to be performed by the Local Agency pursuant to this Contract.
L. Work “Work” means the tasks and activities the Local Agency is required to perform to fulfill its obligations
under this Contract and Exhibits A and E, including the performance of the Services and delivery of the Goods.
M. Work Product “Work Product” means the tangible or intangible results of the Local Agency’s Work, including, but not
limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts.
5.TERM AND EARLY TERMINATION
The Parties’ respective performances under this Agreement shall commence on the Effective Date. This
Agreement shall terminate after five (5) years of state controllers signature in section 27, unless sooner terminated or completed as demonstrated by final payment and final audit.
6.SCOPE OF WORKA. Completion
The Local Agency shall complete the Work and other obligations as described herein in Exhibit A. Work performed prior to the Effective Date or after final acceptance shall not be considered part of the Work.
B. Goods and Services The Local Agency shall procure Goods and Services necessary to complete the Work. Such procurement
shall be accomplished using the Contract Funds and shall not increase the maximum amount payable hereunder by the State.
C. Employees All persons employed hereunder by the Local Agency, or any Consultants or Contractors shall be
considered the Local Agency’s, Consultants’, or Contractors’ employee(s) for all purposes and shall not be employees of the State for any purpose.
D. State and Local Agency Commitments i.Design
If the Work includes preliminary design or final design or design work sheets, or special provisionsand estimates (collectively referred to as the “Plans”), the Local Agency shall comply with and be
responsible for satisfying the following requirements:
a) Perform or provide the Plans to the extent required by the nature of the Work.
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b)Prepare final design in accordance with the requirements of the latest edition of the American
Association of State Highway Transportation Officials (AASHTO) manual or other standard, suchas the Uniform Building Code, as approved by the State.
c)Prepare provisions and estimates in accordance with the most current version of the State’sRoadway and Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction or Local Agency specifications if approved by the State.
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 all other necessary documents.
g) Be responsible for the Plans’ accuracy and completeness.
h) Make no further changes in the Plans following the award of the construction contract tocontractor unless agreed to in writing by the Parties. The Plans shall be considered final when
approved in writing by CDOT and when final they shall be incorporated herein.
ii.Local Agency Work
a) 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) Local Agency shall afford the State ample opportunity to review the Plans and make any changes
in the Plans that are directed by the State to comply with FHWA requirements.
c) Local Agency may enter into a contract with a Consultant to perform all or any portion of the
Plans and/or of construction administration. Provided, however, if federal-aid funds are involvedin the cost of such Work to be done by such Consultant, such Consultant contract (and the
performance/provision of the Plans under the contract) must comply with all applicablerequirements of 23 C.F.R. Part 172 and with any procedures implementing those requirements as
provided by the State, including those in Exhibit H. If the Local Agency enters into a contract witha Consultant for the Work:
(1) Local Agency shall submit a certification that procurement of any Consultant contractcomplies with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant
contract, subject to the State’s approval. If not approved by the State, the Local Agency shall not enter into such Consultant contract.
(2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by the State and FHWA and that they are in writing. Immediately after the Consultant contract
has been awarded, one copy of the executed Consultant contract and any amendments shall be submitted to the State.
(3) Local Agency shall require that all billings under the Consultant contract comply with the State’s standardized billing format. Examples of the billing formats are available from the
CDOT Agreements Office. (4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the
CDOT procedures described in Exhibit H to administer the Consultant contract. (5) Local Agency may expedite any CDOT approval of its procurement process and/or
Consultant contract by submitting a letter to CDOT from the Local Agency’s attorney/authorized representative certifying compliance with Exhibit H and 23 C.F.R.
172.5(b)and (d). (6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49
CFR 18.36(i) and contains the following language verbatim: (a) The design work under this Agreement 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 agreement 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
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State’s publication, Standard Specifications for Road and Bridge Construction, in
connection with this work. (d) The State, in its sole discretion, may review construction plans, special provisions and
estimates and may require the Local Agency to make such changes therein as the State determines necessary to comply with State and FHWA requirements.
iii.Construction
If the Work includes construction, the Local Agency shall perform the construction in accordance with
the approved design plans and/or administer the construction in accordance with Exhibit E. Suchadministration shall include Work inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments, testing and inspectionactivities; preparing and approving pay estimates; preparing, approving and securing the funding for
contract modification orders and minor contract revisions; processing Construction Contractor claims;construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT
Stewardship Agreement, as described in the Local Agency Contract Administration Checklist.
a)If the Local Agency is performing the Work, the State may, after providing written notice of the
reason for the suspension to the Local Agency, suspend the Work, wholly or in part, due to thefailure of the Local Agency or its Contractor to correct conditions which are unsafe for workers or
for such periods as the State may deem necessary due to unsuitable weather, or for conditionsconsidered unsuitable for the prosecution of the Work, or for any other condition or reason
deemed by the State to be in the public interest.
b)The Local Agency shall be responsible for the following:
(1) Appointing a qualified professional engineer, licensed in the State of Colorado, as the LocalAgency Project Engineer (LAPE), to perform engineering administration. The LAPE shall
administer the Work in accordance with this Agreement, the requirements of the construction contract and applicable State procedures.
(2) For the construction of the Work, advertising the call for bids upon approval by the State and awarding the construction contract(s) to the low responsible bidder(s).
(a) All advertising and bid awards, pursuant to this agreement, by the Local Agency shall comply with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635
and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the Local Agency and its Contractor shall incorporate Form 1273 (Exhibit I) in its entirety
verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 C.F.R. 633.102(e).
(b) The Local Agency may accept or reject the proposal of the apparent low bidder for Work on which competitive bids have been received. The Local Agency must accept or reject
such bid within three (3) working days after they are publicly opened. (c) As part of accepting bid awards, the Local Agency shall provide additional funds, subject
to their availability and appropriation, necessary to complete the Work if no additional federal-aid funds are available.
(3) The requirements of this §6(D)(iii)(c)(2) also apply to any advertising and awards made by the State.
(4) If all or part of the Work is to be accomplished by the Local Agency’s personnel (i.e. by force account) rather than by a competitive bidding process, the Local Agency shall perform such
work in accordance with pertinent State specifications and requirements of 23 C.F.R. 635, Subpart B, Force Account Construction.
(a) Such Work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided
for in 23 C.F.R. 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed.
(b) An alternative to the preceding subsection 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 C.F.R. Part 31.
(c) If the State provides matching funds under this Agreement, rental rates for publicly owned equipment shall be determined in accordance with the State’s Standard
Specifications for Road and Bridge Construction §109.04.
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(d) All Work being paid under force account shall have prior approval of the State and/or
FHWA and shall not be initiated until the State has issued a written notice to proceed.
E. State’s Commitments
a)The State will perform a final project inspection of the Work as a quality control/assurance activity.When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212.
b)Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liableor responsible in any manner for the structural design, details or construction of any major structures
designed by, or that are the responsibility of, the Local Agency as identified in the Local AgencyContract Administration Checklist, Exhibit E.
F. ROW and Acquisition/Relocation
a)If the Local Agency purchases a right of way for a State highway, including areas of influence, the
Local Agency shall immediately convey title to such right of way to CDOT after the Local Agencyobtains title.
b)Any acquisition/relocation activities shall comply with all applicable federal and state statutes andregulations, including but not limited to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as amended and the Uniform Relocation Assistance and RealProperty Acquisition Policies for Federal and Federally Assisted Programs as amended (49 C.F.R. Part
24), CDOT’s Right of Way Manual, and CDOT’s Policy and Procedural Directives.
c)The Parties’ respective compliance responsibilities depend on the level of federal participation;
provided however, that the State always retains Oversight responsibilities.
d)The Parties’ respective responsibilities under each level in CDOT’s Right of Way Manual (located at
http://www.dot.state.co.us/ROW_Manual/) and reimbursement for the levels will be under thefollowing categories:(1) Right of way acquisition (3111) for federal participation and non-participation;(2) Relocation activities, if applicable (3109);
(3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right ofway – 3114).
G. Utilities
If necessary, the Local Agency shall be responsible for obtaining the proper clearance or approval from any
utility company which may become involved in the Work. Prior to the Work being advertised for bids, the Local Agency shall certify in writing to the State that all such clearances have been obtained.
a)RailroadsIf the Work involves modification of a railroad company’s facilities and such modification will be
accomplished by the railroad company, the Local Agency shall make timely application to the PublicUtilities commission requesting its order providing for the installation of the proposed improvements
and not proceed with that part of the Work without compliance. The Local Agency shall also establishcontact with the railroad company involved for the purpose of complying with applicable provisions of
23 C.F.R. 646, subpart B, concerning federal-aid projects involving railroad facilities and:
b) Execute an agreement setting out what work is to be accomplished and the location(s) thereof, and
which costs shall be eligible for federal participation.
c) Obtain the railroad’s detailed estimate of the cost of the Work.
d) Establish future maintenance responsibilities for the proposed installation.
e) Proscribe future use or dispositions of the proposed improvements in the event of abandonment or
elimination of a grade crossing.
f) Establish future repair and/or replacement responsibilities in the event of accidental destruction or
damage to the installation.
H. 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.
I. Maintenance Obligations
The Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA, and the Local Agency
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shall provide for such maintenance and operations obligations each year. Such maintenance and operations
shall be conducted in accordance with all applicable statutes, ordinances and regulations pertaining to maintaining such improvements. The State and FHWA may make periodic inspections to verify that such
improvements are being adequately maintained.
7.OPTION LETTER MODIFICATION
An option letter may be used to add a phase without increasing total budgeted funds, increase or decrease the encumbrance amount as shown on Exhibit C, and/or transfer 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 add a phase and/or increase or decrease the total encumbrance amount.
The State may require 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 remaining the same. The State may simultaneously increase and/or decrease the total encumbrance amount 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 require or 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. Any transfer of funds from one phase to another is limited to an aggregate maximum of 24.99% of the original dollar amount of either phase affected by a transfer. A bilateral amendment is required for
any transfer exceeding 24.99% of the original dollar amount of the phase affected by the increase or decrease.
C. Option to do both Options A and B.
The State may require the Local Agency to add 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 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.
8.PAYMENTS
The State shall, in accordance with the provisions of this §8, pay the Local Agency in the amounts and using the methods set forth below:
A. Maximum Amount
The maximum amount payable is set forth in Exhibit C as determined by the State from available funds.
Payments to the Local Agency are limited to the unpaid encumbered balance of the Contract set forth in Exhibit C. The Local Agency shall provide its match share of the costs as evidenced by an appropriate
ordinance/resolution or other authority letter which expressly authorizes the Local Agency the authority to enter into this Agreement and to expend its match share of the Work. A copy of such ordinance/resolution
or authority letter is attached hereto as Exhibit B.
B. Payment
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i.Advance, Interim and Final Payments
Any advance payment allowed under this Contract or in Exhibit C shall comply with State FiscalRules and be made in accordance with the provisions of this Contract or such Exhibit. The Local
Agency shall initiate any payment requests by submitting invoices to the State in the form and mannerapproved by the State.
ii.Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by the Local Agency previously accepted by the State. Uncontested amountsnot paid by the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day
at a rate not to exceed one percent per month until paid in full; provided, however, that interest shallnot accrue on unpaid amounts that are subject to a good faith dispute. The Local Agency shall invoice
the State separately for accrued interest on delinquent amounts. The billing shall reference thedelinquent payment, the number of days interest to be paid and the interest rate.
iii.Available Funds-Contingency-TerminationThe State is prohibited by law from making commitments beyond the term of the State’s current fiscal
year. Therefore, the Local Agency’s compensation beyond the State’s current Fiscal Year is contingentupon the continuing availability of State appropriations as provided in the Colorado Special Provisions.
The State’s performance hereunder is also contingent upon the continuing availability of federal funds.Payments pursuant to this Contract shall be made only from available funds encumbered for this
Contract and the State’s liability for such payments shall be limited to the amount remaining of suchencumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to
fund this Contract, the State may terminate this Contract immediately, in whole or in part, withoutfurther liability in accordance with the provisions hereof.
iv. Erroneous Payments
At the State’s sole discretion, payments made to the Local Agency in error for any reason, including,
but not limited to overpayments or improper payments, and unexpended or excess funds received bythe Local Agency, may be recovered from the Local Agency by deduction from subsequent payments
under this Contract or other contracts, Agreements or agreements between the State and the LocalAgency or by other appropriate methods and collected as a debt due to the State. Such funds shall not
be paid to any party other than the State.
C. Use of Funds
Contract Funds shall be used only for eligible costs identified herein.
D. Matching Funds
The Local Agency shall provide matching funds as provided in §8.A. and Exhibit C. The Local Agency shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State
regarding the status of such funds upon request. The Local Agency’s obligation to pay all or any part of any matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the
purposes of this Agreement by the authorized representatives of the Local Agency and paid into the Local Agency’s treasury. The Local Agency represents to the State that the amount designated “Local Agency
Matching Funds” in Exhibit C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid into its treasury. The Local Agency does not by this Agreement
irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of the Local Agency. The Local Agency shall not pay or be
liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by the Local Agency’s laws or policies.
E. Reimbursement of Local Agency Costs
The State shall reimburse the Local Agency’s allowable costs, not exceeding the maximum total amount
described in Exhibit C and §8. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the State’s obligation to reimburse all costs incurred by the Local Agency and
submitted to the State for reimbursement hereunder, and the Local Agency shall comply with all such principles. The State shall reimburse the Local Agency for the federal-aid share of properly documented
costs related to the Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit C. However, any costs incurred by the Local Agency prior to the date of FHWA authorization for
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the Work and prior to the Effective Date shall not be reimbursed absent specific FHWA and State
Controller approval thereof. Costs shall be:
i.Reasonable and Necessary
Reasonable and necessary to accomplish the Work and for the Goods and Services provided.
ii.Net Cost
Actual net cost to the Local Agency (i.e. the price paid minus any items of value received by the LocalAgency that reduce the cost actually incurred).
9.ACCOUNTINGThe Local Agency shall establish and maintain accounting systems in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme). Such accounting systems shall, at a minimum, provide as follows:
A. Local Agency Performing the Work
If Local Agency is performing the Work, all allowable costs, including any approved services contributed
by the Local Agency or others, shall be documented using payrolls, time records, invoices, contracts, vouchers, and other applicable records.
B. Local Agency-Checks or Draws
Checks issued or draws made by the Local Agency shall be made or drawn against properly signed
vouchers detailing the purpose thereof. All checks, payrolls, invoices, contracts, vouchers, orders, and other accounting documents shall be on file in the office of the Local Agency, clearly identified, readily
accessible, and to the extent feasible, kept separate and apart from all other Work documents.
C. State-Administrative Services
The State may perform any necessary administrative support services required hereunder. The Local Agency shall reimburse the State for the costs of any such services from the Budget as provided for in
Exhibit C. If FHWA funding is not available or is withdrawn, or if the Local Agency terminates this Agreement prior to the Work being approved or completed, then all actual incurred costs of such services
and assistance provided by the State shall be the Local Agency’s sole expense.
D. Local Agency-Invoices
The Local Agency’s invoices shall describe in detail the reimbursable costs incurred by the Local Agency for which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and shall not
be submitted more often than monthly.
E. Invoicing Within 60 Days
The State shall not be liable to reimburse the Local Agency for any costs unless CDOT receives such invoices within 60 days after the date for which payment is requested, including final invoicing. Final
payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. 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 the State may offset them against any payments due from the State to the Local Agency.
F. Reimbursement of State Costs
CDOT shall perform Oversight and the Local Agency shall reimburse CDOT for its related costs. The
Local Agency shall pay invoices within 60 days after receipt thereof. If the Local Agency fails to remit payment within 60 days, at CDOT’s request, the State is authorized to withhold an equal amount from
future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to CDOT. Interim funds shall be payable from the State Highway Supplementary Fund (400) until
CDOT is reimbursed. If the Local Agency fails to make payment within 60 days, it shall pay interest to the State at a rate of one percent per month on the delinquent amounts until the billing is paid in full. CDOT’s
invoices shall describe in detail the reimbursable costs incurred, the dates incurred and the amounts thereof, and shall not be submitted more often than monthly.
10.REPORTING - NOTIFICATIONReports, Evaluations, and Reviews required under this §10 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with §18, if applicable.
A. Performance, Progress, Personnel, and Funds
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The Local Agency shall submit a report to the State upon expiration or sooner termination of this
Agreement, containing an Evaluation and Review of the Local Agency’s performance and the final status of the Local Agency's obligations hereunder.
B. Litigation Reporting
Within 10 days after being served with any pleading related to this Agreement, in a legal action filed with a
court or administrative agency, the Local Agency shall notify the State of such action and deliver copies of such pleadings to the State’s principal representative as identified herein. If the State or its principal
representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT.
C. Noncompliance
The Local Agency’s failure to provide reports and notify the State in a timely manner in accordance with
this §10 may result in the delay of payment of funds and/or termination as provided under this Agreement.
D. Documents
Upon request by the State, the Local Agency shall provide the State, or its authorized representative, copies of all documents, including contracts and subcontracts, in its possession related to the Work.
11.LOCAL AGENCY RECORDS
A. Maintenance
The Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic
media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. The Local Agency shall
maintain such records until the last to occur of the following: (i) a period of three years after the date this Agreement is completed or terminated, or (ii) three years after final payment is made hereunder, whichever
is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or the Local Agency has received notice that an audit is pending, then until such audit
has been completed and its findings have been resolved (collectively, the “Record Retention Period”).
B. Inspection
The Local Agency shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe the Local Agency's records
related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or to evaluate the Local Agency's performance hereunder. The State reserves the right to inspect the Work at
all reasonable times and places during the term of this Agreement, including any extension. If the Work fails to conform to the requirements of this Agreement, the State may require the Local Agency promptly to
bring the Work into conformity with Agreement requirements, at the Local Agency’s sole expense. If the Work cannot be brought into conformance by re-performance or other corrective measures, the State may
require the Local Agency to take necessary action to ensure that future performance conforms to Agreement requirements and may exercise the remedies available under this Agreement at law or in equity
in lieu of or in conjunction with such corrective measures.
C. Monitoring
The Local Agency also shall permit the State, the federal government or any other duly authorized agent of a governmental agency, in their sole discretion, to monitor all activities conducted by the Local Agency
pursuant to the terms of this Agreement using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal
audit examinations, or any other procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with the Local Agency’s performance hereunder.
D. Final Audit Report
If an audit is performed on the Local Agency’s records for any fiscal year covering a portion of the term of
this Agreement, the Local Agency shall submit a copy of the final audit report to the State or its principal representative at the address specified herein.
12.CONFIDENTIAL INFORMATION-STATE RECORDSThe Local Agency shall comply with the provisions of this §12 if it becomes privy to confidential information
in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited
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to, state records, personnel records, and information concerning individuals. Nothing in this §12 shall be
construed to require the Local Agency to violate the Colorado Open Records Act, C.R.S. § 24-72-101 et seq.
A. Confidentiality
The Local Agency shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party
for State records and information in the possession of the Local Agency shall be immediately forwarded to the State’s principal representative.
B. Notification
The Local Agency shall notify its agents, employees, and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by the Local Agency or its agents in any way, except as authorized by the Agreement and as approved by the State. The
Local Agency shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained
in any files or otherwise by the Local Agency or its agents, except as set forth in this Agreement and approved by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by the Local Agency for any reason may be
cause for legal action by third parties against the Local Agency, the State or their respective agents. The Local Agency is prohibited from providing indemnification to the State pursuant to the Constitution of the
State of Colorado, Article XI, Section 1, however, the Local Agency shall be responsible for any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs,
incurred as a result of any act or omission by the Local Agency, or its employees, agents, or assignees pursuant to this §12. Document Builder Generated 9/16/2015
13.CONFLICT OF INTERESTThe Local Agency shall not engage in any business or personal activities or practices or maintain any
relationships which conflict in any way with the full performance of the Local Agency’s obligations hereunder. The Local Agency acknowledges that with respect to this Agreement even the appearance of a conflict of
interest is harmful to the State’s interests. Absent the State’s prior written approval, the Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of the Local Agency’s obligations to the State hereunder. If a conflict or appearance exists, or if the Local Agency is uncertain whether a conflict or the appearance of a conflict of interest exists, the Local
Agency shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to
the apparent conflict constitutes a breach of this Agreement.
14.REPRESENTATIONS AND WARRANTIES
The Local Agency makes the following specific representations and warranties, each of which was relied on by the State in entering into this Agreement.
A. Standard and Manner of Performance
The Local Agency shall perform its obligations hereunder, including in accordance with the highest
professional standard of care, skill and diligence and in the sequence and manner set forth in this Agreement.
B. Legal Authority – The Local Agency and the Local Agency’s Signatory
The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has
taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement, or any part thereof, and to bind
the Local Agency to its terms. If requested by the State, the Local Agency shall provide the State with proof of the Local Agency’s authority to enter into this Agreement within 15 days of receiving such
request.
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C. Licenses, Permits, Etc.
The Local Agency represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits,
and other authorization required by law to perform its obligations hereunder. The Local Agency warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other
authorizations required to properly perform this Agreement, without reimbursement by the State or other adjustment in Agreement Funds. Additionally, all employees and agents of the Local Agency performing
Services under this Agreement shall hold all required licenses or certifications, if any, to perform their responsibilities. The Local Agency, if a foreign corporation or other foreign entity transacting business in
the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in
Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for the Local
Agency to properly perform the terms of this Agreement shall be deemed to be a material breach by the Local Agency and constitute grounds for termination of this Agreement.
15.INSURANCEThe Local Agency and its contractors shall obtain and maintain insurance as specified in this section at all times
during the term of this Agreement: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the Local Agency and the State.
A. The Local Agency
i.Public Entities
If the Local Agency is a "public entity" within the meaning of the Colorado Governmental ImmunityAct, CRS §24-10-101, et seq., as amended (the “GIA”), then the Local Agency shall maintain at all
times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. The Local Agency shall show proof of
such insurance satisfactory to the State, if requested by the State. The Local Agency shall require eachAgreement with their Consultant and Contractor, that are providing Goods or Services hereunder, to
include the insurance requirements necessary to meet Consultant or Contractor liabilities under theGIA.
ii.Non-Public EntitiesIf the Local Agency is not a "public entity" within the meaning of the Governmental Immunity Act, the
Local Agency shall obtain and maintain during the term of this Agreement insurance coverage andpolicies meeting the same requirements set forth in §15(B) with respect to sub-contractors that are not
"public entities".
B. Contractors
The Local Agency shall require each contract with Contractors, Subcontractors, or Consultants, other than those that are public entities, providing Goods or Services in connection with this Agreement, to include
insurance requirements substantially similar to the following: i.Worker’s Compensation
Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurancecovering all of the Local Agency’s Contractors, Subcontractors, or Consultant’s employees acting
within the course and scope of their employment.ii.General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 orequivalent, covering premises operations, fire damage, independent contractors, products and
completed operations, blanket liability, personal injury, and advertising liability with minimum limitsas follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products
and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reducedbelow $1,000,000 because of claims made or paid, contractors, subcontractors, and consultants shall
immediately obtain additional insurance to restore the full aggregate limit and furnish to the LocalAgency a certificate or other document satisfactory to the Local Agency showing compliance with this
provision.iii.Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) witha minimum limit of $1,000,000 each accident combined single limit.
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iv. Additional Insured
The Local Agency and the State shall be named as additional insured on the Commercial GeneralLiability policies (leases and construction contracts require additional insured coverage for completed
operations on endorsements CG 2010 11/85, CG 2037, or equivalent).v.Primacy of Coverage
Coverage required of the Consultants or Contractors shall be primary over any insurance or self-insurance program carried by the Local Agency or the State.
vi. CancellationThe above insurance policies shall include provisions preventing cancellation or non-renewal without
at least 45 days prior notice to the Local Agency and the State by certified mail.vii. Subrogation Waiver
All insurance policies in any way related to this Agreement and secured and maintained by the LocalAgency’s Consultants or Contractors as required herein shall include clauses stating that each carrier
shall waive all rights of recovery, under subrogation or otherwise, against the Local Agency or theState, its agencies, institutions, organizations, officers, agents, employees, and volunteers.
C. Certificates
The Local Agency and all Contractors, subcontractors, or Consultants shall provide certificates showing
insurance coverage required hereunder to the State within seven business days of the Effective Date of this Agreement. No later than 15 days prior to the expiration date of any such coverage, the Local Agency and
each contractor, subcontractor, or consultant shall deliver to the State or the Local Agency certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the
term of this Agreement or any sub-contract, the Local Agency and each contractor, subcontractor, or consultant shall, within 10 days of such request, supply to the State evidence satisfactory to the State of
compliance with the provisions of this §15.
16.DEFAULT-BREACH
A. Defined
In addition to any breaches specified in other sections of this Agreement, the failure of either Party to
perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner constitutes a breach.
B Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in §18. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in §17. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and
may immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis.
17.REMEDIESIf the Local Agency is in breach under any provision of this Agreement, the State shall have all of the remedies
listed in this §17 in addition to all other remedies set forth in other sections of this Agreement following the notice and cure period set forth in §16(B). The State may exercise any or all of the remedies available to it, in its
sole discretion, concurrently or consecutively.
A. Termination for Cause and/or Breach
If the Local Agency fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Agreement and in a timely manner, the State
may notify the Local Agency of such non-performance in accordance with the provisions herein. If the Local Agency thereafter fails to promptly cure such non-performance within the cure period, the State, at
its option, may terminate this entire Agreement or such part of this Agreement as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its
obligations hereunder. The Local Agency shall continue performance of this Agreement to the extent not terminated, if any.
i. Obligations and Rights
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To the extent specified in any termination notice, the Local Agency shall not incur further obligations
or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and sub-Agreements with third parties. However, the Local Agency shall complete
and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Agreement’s terms. At the sole discretion of the
State, the Local Agency shall assign to the State all of the Local Agency's right, title, and interest under such terminated orders or sub-Agreements. Upon termination, the Local Agency shall take timely,
reasonable and necessary action to protect and preserve property in the possession of the Local Agency in which the State has an interest. All materials owned by the State in the possession of the Local
Agency shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by the Local Agency to the State and shall become the State’s property.
ii. Payments
The State shall reimburse the Local Agency only for accepted performance received up to the date of
termination. If, after termination by the State, it is determined that the Local Agency was not in defaultor that the Local Agency's action or inaction was excusable, such termination shall be treated as a
termination in the public interest and the rights and obligations of the Parties shall be the same as ifthis Agreement had been terminated in the public interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, the Local Agency also shall remain liable to
the State for any damages sustained by the State by virtue of any breach under this Agreement by theLocal Agency and the State may withhold any payment to the Local Agency for the purpose of
mitigating the State’s damages, until such time as the exact amount of damages due to the State fromthe Local Agency is determined. The State may withhold any amount that may be due to the Local
Agency as the State deems necessary to protect the State, including loss as a result of outstanding liensor claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring
similar goods or services. The Local Agency shall be liable for excess costs incurred by the State inprocuring from third parties replacement Work, Services or substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Agreement for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Agreement ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Agreement in
whole or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder. This subsection shall not apply to a termination of this Agreement by the State for cause or
breach by the Local Agency, which shall be governed by §17(A) or as otherwise specifically provided for herein.
i.Method and Content
The State shall notify the Local Agency of the termination in accordance with §18, specifying the
effective date of the termination and whether it affects all or a portion of this Agreement.ii. Obligations and Rights
Upon receipt of a termination notice, the Local Agency shall be subject to and comply with the sameobligations and rights set forth in §17(A)(i).
iii.PaymentsIf this Agreement is terminated by the State pursuant to this §17(B), the Local Agency shall be paid an
amount which bears the same ratio to the total reimbursement under this Agreement as the Servicessatisfactorily performed bear to the total Services covered by this Agreement, less payments previously
made. Additionally, if this Agreement is less than 60% completed, the State may reimburse the LocalAgency for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this
Agreement) incurred by the Local Agency which are directly attributable to the uncompleted portion ofthe Local Agency’s obligations hereunder; provided that the sum of any and all reimbursement shall
not exceed the maximum amount payable to the Local Agency hereunder.
C. Remedies Not Involving Termination
The State, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it:
i.Suspend Performance
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Suspend the Local Agency’s performance with respect to all or any portion of this Agreement pending
necessary corrective action as specified by the State without entitling the Local Agency to an adjustment in price/cost or performance schedule. The Local Agency shall promptly cease performance
and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by the Local Agency after the suspension of performance under this provision.
ii.Withhold PaymentWithhold payment to the Local Agency until corrections in the Local Agency’s performance are
satisfactorily made and completed.iii.Deny Payment
Deny payment for those obligations not performed that due to the Local Agency’s actions or inactionscannot be performed or, if performed, would be of no value to the State; provided that any denial of
payment shall be reasonably related to the value to the State of the obligations not performed.iv. Removal
Demand removal of any of the Local Agency’s employees, agents, or contractors whom the Statedeems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
relation to this Agreement is deemed to be contrary to the public interest or not in the State’s bestinterest.
v.Intellectual PropertyIf the Local Agency infringes on a patent, copyright, trademark, trade secret or other intellectual
property right while performing its obligations under this Agreement, the Local Agency shall, at theState’s option (a) obtain for the State or the Local Agency the right to use such products and services;
(b) replace any Goods, Services, or other product involved with non-infringing products or modifythem so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably
available, remove any infringing Goods, Services, or products and refund the price paid therefore tothe State.
18.NOTICES and REPRESENTATIVESEach 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 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.
A. If to State: B. If to the Local Agency:
CDOT Region: 4 Town of Estes Park Jake Schuch Greg Muhonen, Estes Park Public Works
Director Project Manager gmuhonen@estes.org
10601 W. 10th St. PO BOX 1200 GREELEY, CO 80634 ESTES PARK, CO 80517
970-350-2205 970-577-3581
19.RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWAREAny software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or work product of any type, including drafts, prepared by the Local Agency in the performance of its obligations under this Agreement shall be the exclusive property of the State and all Work Product shall be
delivered to the State by the Local Agency upon completion or termination hereof. The State’s exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and
prepare derivative works. The Local Agency shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of the Local Agency's obligations hereunder without the
prior written consent of the State.
20.GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental
Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property
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arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials,
and employees and of the Local Agency is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24-30-1501, et seq., as amended.
21.STATEWIDE CONTRACT MANAGEMENT SYSTEMIf the maximum amount payable to the Local Agency under this Agreement is $100,000 or greater, either on the
Effective Date or at any time thereafter, this §21 applies.
The Local Agency 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 stateagreements/contracts and inclusion of agreement/contract performance information in a statewide contract
management system.
The Local Agency’s performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Agreement, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of the Local Agency’s performance shall be part of the normal Agreement
administration process and the Local Agency’s performance will be systematically recorded in the statewide Agreement 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 the Local Agency’s obligations under this Agreement shall be determined by the specific requirements of such obligations and shall
include factors tailored to match the requirements of the Local Agency’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 Agreement term. The Local Agency 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 the Local Agency 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 CDOT, and showing of
good cause, may debar the Local Agency and prohibit the Local Agency from bidding on future Agreements. The Local Agency 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 the Local Agency, by the Executive Director, upon showing of good cause.
22.FEDERAL REQUIREMENTSThe Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the
execution of this Agreement strictly adhere to, and comply with, all applicable federal and state laws, and their implementing regulations, as they currently exist and may hereafter be amended.
23.DISADVANTAGED BUSINESS ENTERPRISE (DBE)The Local Agency will comply with all requirements of Exhibit G and the Local Agency Contract
Administration Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this
Agreement, it must submit a copy of its program’s requirements to the State for review and approval before the execution of this Agreement. If the Local Agency uses any State- approved DBE program for this Agreement,
the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without
limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (if provided) of the Local Agency’s DBE program
does not waive or modify the sole responsibility of the Local Agency for use of its program.
24.DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement shall 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 CDOT. 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
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support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently
with the performance of this Agreement 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 shall 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 Agreement, however, shall be construed
as making final the decision of any administrative official, representative, or board on a question of law.
25.GENERAL PROVISIONS
A. Assignment
The Local Agency’s rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior written consent of the State. Any attempt at assignment, transfer, or
subcontracting without such consent shall be void. All assignments and subcontracts approved by the Local Agency or the State are subject to all of the provisions hereof. The Local Agency shall be solely
responsible for all aspects of subcontracting arrangements and performance.
B. Binding Effect
Except as otherwise provided in §25(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors,
and assigns.
C. Captions
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions.
D. Counterparts
This Agreement may be executed in multiple identical original counterparts, all of which shall constitute
one agreement.
E. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition,
deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein.
F. Indemnification - General
If Local Agency is not a “public entity” within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., the Local Agency 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 and related costs, incurred as a result of any act or omission by the Local
Agency, or its employees, agents, subcontractors or assignees pursuant to the terms of this Agreement. This clause is not applicable to a Local Agency that is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, CRS §24-10-101, et seq.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
H. Limitations of Liability
Any and all limitations of liability and/or damages in favor of the Local Agency contained in any document
attached to and/or incorporated by reference into this Agreement, whether referred to as an exhibit, attachment, schedule, or any other name, are void and of no effect. This includes, but is not necessarily
limited to, limitations on (i) the types of liabilities, (ii) the types of damages, (iii) the amount of damages, and (iv) the source of payment for damages.
I. Modification
i.By the Parties
Except as specifically provided in this Agreement, modifications of this Agreement shall not beeffective unless agreed to in writing by both parties in an amendment to this Agreement, properly
executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, andOffice of the State Controller Policies, including, but not limited to, the policy entitled
MODIFICATIONS OF AGREEMENTS - TOOLS AND FORMS.
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ii.By Operation of Law
This Agreement is subject to such modifications as may be required by changes in Federal or ColoradoState law, or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Agreement on the effective date of such change, as if fully setforth herein
J. Order of Precedence
The provisions of this Agreement shall govern the relationship of the State and the Local Agency. In the
event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of
priority: i.Colorado Special Provisions,ii.The provisions of the main body of this Agreement,iii.Exhibit A (Scope of Work),iv. Exhibit B (Local Agency Resolution),v.Exhibit C (Funding Provisions),vi. Exhibit D (Option Letter),vii. Exhibit E (Local Agency Contract Administration Checklist),viii.Other exhibits in descending order of their attachment.
K. Severability
Provided this Agreement can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
L. Survival of Certain Agreement Terms
Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be
enforceable by the State if the Local Agency fails to perform or comply as required.
M. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions
apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the
product or service is provided to the State. The Local Agency shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing the Local Agency for them
N. Third Party Beneficiaries
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties,
and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties.
O. Waiver
Waiver of any breach of a term, provision, or requirement of this Agreement, or any right or remedy
hereunder, whether explicitly or by lack of enforcement, 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.
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26.COLORADO SPECIAL PROVISIONSThe Special Provisions apply to all Agreements except where noted in italics.
A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et
seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR.
The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee. Neither The Local Agency nor any agent or employee of The Local Agency shall be deemed to be an agent
or employee of the State. The Local Agency 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 The Local Agency or any of its agents or employees. Unemployment insurance benefits shall be available to The Local Agency and its employees and agents only if such coverage is made
available by The Local Agency or a third party. The Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. The Local
Agency shall not have authorization, express or implied, to bind the State to any Agreement, liability or understanding, except as expressly set forth herein. The Local Agency shall (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall
not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the
remainder of this Agreement, to the extent capable of execution.
G. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. The Local Agency hereby certifies and warrants that, during the term of this Agreement and
any extensions, The Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that The Local Agency is in violation of
this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with
federal copyright laws or applicable licensing restrictions.
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I. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. The Local Agency has no
interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of The Local Agency’s services and The Local Agency shall not employ any person
having such known interests.
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
[Not Applicable to intergovernmental agreements]. Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State
agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan
Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination
or judicial action.
K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101.
[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]. The Local Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under
this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-
Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), The Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter
into a contract with a subcontractor that fails to certify to The Local Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. The Local
Agency (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and
the contracting State agency within three days if The Local Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course
of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If The Local Agency participates in the State program, The Local Agency shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that The Local Agency has examined the legal work status of such employee, and
shall comply with all of the other requirements of the State program. If The Local Agency fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution
of higher education or political subdivision may terminate this Agreement for breach and, if so terminated, The Local Agency shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101.
The Local Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one
form of identification required by CRS §24-76.5-103 prior to the effective date of this Agreement.
SPs Effective 1/1/09
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27.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
TOWN OF ESTES PARK
Name:_______________________________________
(print name)
Title: _______________________________________ (print title)
____________________________________________ *Signature
Date:_________________________________________
STATE OF COLORADO John W. Hickenlooper Department of Transportation
By___________________________________________
Joshua Laipply, P.E., Chief Engineer (For) Shailen P. Bhatt, Executive Director
Date:_________________________________________
2nd Local Agency Signature if needed
Name:_______________________________________
(print name)
Title: _______________________________________ (print title)
____________________________________________
*Signature
Date:_________________________________________
STATE OF COLORADO LEGAL REVIEW Cynthia H. Coffman, Attorney General
By___________________________________________
Signature – Assistant Attorney General
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:______________________________________
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28. EXHIBIT A – SCOPE OF WORK
Scope of Work:
This project consists of construction of an electronic dynamic message sign board that will direct tourists
to available parking and shuttle pickup areas. The purpose of this project is to direct travelers to
intercept parking lots and shuttle services in lieu of driving to search for scarce parking in the downtown
area and in Rocky Mountain National Park. This project will help to improve air quality by decreasing
congestion and vehicle traffic in both downtown Estes Park and the national park.
This project will conform to all applicable state and federal regulations and standards. The design phase
will begin as soon as reasonably possible and will be followed by a construction phase. Construction will
begin as soon as reasonably possible after design and will be completed shortly thereafter.
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30.EXHIBIT C – FUNDING PROVISIONS
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work which is to be funded as follows:
1 BUDGETED FUNDS
a.Federal Funds
(82.79% of Participating Costs – AQC)$30,835.00
b.Local Agency Matching Funds
(17.21% of Participating Costs)$6,410.00
TOTAL BUDGETED FUNDS $37,245.00
2 ESTIMATED CDOT-INCURRED COSTS
a.Federal Share $0.00
(0% of Participating Costs)
b.Local Share
Local Agency Share of Participating Costs
Local Agency Share of Non-Participating Costs
$0.00
$0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a.Federal Funds Budgeted (1a)$30,835.00
b.Less Estimated Federal Share of CDOT-Incurred Costs (2a)$0.00
c.State Funds Budgeted (1c)$0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $30,835.00
FOR CDOT ENCUMBRANCE PURPOSES
*Note - $0.00 is currently available. Funds and/or Local Agency
Overmatch will be added in the future either by Option Letter or
Amendment.
Net to be encumbered as follows: $0.00
WBS Element 21322.20.10 Construc. 3301 $0.00
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B. Matching Funds
The matching ratio for the federal participating funds for this Work is 82.79% federal-aid funds
(CFDA #20 2050) to 17.21% Local Agency and State funds, it being understood that such ratio
applies only to the $37,245.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total participating
cost of performance of the Work exceeds $37,245.00 and additional federal funds are made available for the Work, the Local Agency shall pay 100% of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal funds are not made
available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $37,245.00, then the amounts of State and federal-aid funds will be decreased in accordance with the funding ratio described herein. The
performance of the Work shall be at no cost to the State.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $37,245.00
(For CDOT accounting purposes, the federal funds of $30,835.00, State funds of $0.00, and Local Agency matching funds of $6,410.00, will be encumbered for a total encumbrance of
$37,245.00), unless such amount is increased by an appropriate written modification to this
Agreement executed before any increased cost is incurred. *** Note - $0.00 is currently
available. Funds and/or Local Agency Overmatch will be added in the future either by
Option Letter or Amendment *** 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.
D. Single Audit Act Amendment
All state and local government and non-profit organization Sub-The Local Agencys receiving more than $750,000 from all funding sources defined as federal financial assistance for Single
Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A-
133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 C.F.R.
18.20 through 18.26. The Single Audit Act Amendment requirements applicable to Sub-The Local Agencys receiving federal funds are as follows: i.Expenditure less than $750,000If the Sub-The Local Agency expends less than $750,000 in Federal funds (all federalsources, not just Highway funds) in its fiscal year then this requirement does not apply.ii.Expenditure exceeding than $750,000-Highway Funds OnlyIf the Sub-The Local Agency expends more than $750,000 in Federal funds, but only
received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205)
then a program specific audit shall be performed. This audit will examine the “financial” procedures and processes for this program area.
iii. Expenditure exceeding than $750,000-Multiple Funding Sources
If the Sub-The Local Agency expends more than $750,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies,
which is an audit on the entire organization/entity. iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An
audit is an allowable direct or indirect cost.
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LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
The following checklist has been developed to ensure that all required aspects of a
project approved for Federal funding have been addressed and a responsible party
assigned for each task.
After a project has been approved for Federal funding in the Statewide Transportation
Improvement Program, the Colorado Department of Transportation (CDOT) Project
Manager, Local Agency project manager, and CDOT Resident Engineer prepare the
checklist. It becomes a part of the contractual agreement between the Local Agency
and CDOT. The CDOT Agreements Unit will not process a Local Agency agreement without this completed checklist. It will be reviewed at the Final Office Review meeting
to ensure that all parties remain in agreement as to who is responsible for performing
individual tasks.
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CDOT Form 1243 09/06
Previous editions are obsolete and may not be used
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. AQC M405-020 STIP No. Project Code 21322 Region
04
Project Location Estes Park Date 3/1/2016
Project Description Parking/Shuttle VMS Boards
Local Agency Town of Estes Park Local Agency Project Manager Greg Muhonen
CDOT Resident Engineer
Long Nguyen
CDOT Project Manager
Jake Schuch
INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual.
The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The “X” denotes the party responsible for initiating and executing the task. When neither CDOT nor the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a “#” will denote that CDOT must concur or approve.
Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist.
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
TIP / STIP AND LONG-RANGE PLANS
2-1 Review Project to ensure consistency with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4-1 Authorize funding by phases (CDOT Form 418 - Federal-aid Program Data. Requires FHWA concurrence/involvement) X
PROJECT DEVELOPMENT
5-1 Prepare Design Data - CDOT Form 463 X
5-2 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3) X
5-3 Conduct Consultant Selection/Execute Consultant Agreement X
5-4 Conduct Design Scoping Review meeting X X
5-5 Conduct Public Involvement X
5-6 Conduct Field Inspection Review (FIR) X
5-7 Conduct Environmental Processes (may require FHWA concurrence/involvement) X X
5-8 Acquire Right-of-Way (may require FHWA concurrence/involvement) X #
5-9 Obtain Utility and Railroad Agreements X
5-10 Conduct Final Office Review (FOR) X
5-11 Justify Force Account Work by the Local Agency X #
5-12 Justify Proprietary, Sole Source, or Local Agency Furnished items X #
5-13 Document Design Exceptions - CDOT Form 464 X #
5-14 Prepare Plans, Specifications and Construction Cost Estimates X #
5-15 Ensure Authorization of Funds for Construction X
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CDOT Form 1243 09/06
Previous editions are obsolete and may not be used
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6-1 Set Disadvantaged Business Enterprise (DBE) Goals for Consultant and Construction
Contracts (CDOT Region EEO/Civil Rights Specialist)
X
6-2 Determine Applicability of Davis-Bacon Act
This project is is not exempt from Davis-Bacon requirements as determined by the functional classification of the project location (Projects located on local roads and rural
minor collectors may be exempt.)
Long Nguyen_____________ 3/1/2016 CDOT Resident Engineer(Signature on File) Date
X
6-3 Set On-the-Job Training Goals. X
6-4 Title VI Assurances X
Ensure the correct Federal Wage Decision, all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the Contract (CDOT Resident Engineer) X
ADVERTISE, BID AND AWARD
7-1 Obtain Approval for Advertisement Period of Less Than Three Weeks X #
7-2 Advertise for Bids X
7-3 Distribute “Advertisement Set” of Plans and Specifications X
7-4 Review Worksite and Plan Details with Prospective Bidders While Project is Under Advertisement X
7-5 Open Bids X
7-6 Process Bids for Compliance X
Check CDOT Form 1415 - Certificate of Proposed DBE Participation when the low bidder meets DBE goals X
Evaluate CDOT Form 1416 - DBE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the low bidder does not meet DBE goals X
Submit required documentation for CDOT award concurrence X
7-7 Concurrence from CDOT to Award X
7-8 Approve Rejection of Low Bidder X
7-9 Award Contract X #
7-10 Provide “Award” and “Record” Sets of Plans and Specifications X
CONSTRUCTION MANAGEMENT
8-1 Issue Notice to Proceed to the Contractor X
8-2 Project Safety X
8-3 Conduct Conferences:
Pre-construction Conference (Appendix B) X
Presurvey
Construction staking
Monumentation
X
X
Partnering (Optional) X
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual) X
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) X
HMA Pre-Paving (Agenda is in CDOT Construction Manual) X
8-4 Develop and distribute Public Notice of Planned Construction to media and local residents X
8-5 Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be “in responsible charge of construction supervision.”
Greg Muhonon 970-577-3581 Local Agency Professional Engineer or Phone number
CDOT Resident Engineer
X
44
CDOT Form 1243 09/06
Previous editions are obsolete and may not be used
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the plans and specifications X
Construction inspection and documentation X
8-6 Approve Shop Drawings X
8-7 Perform Traffic Control Inspections X #
8-8 Perform Construction Surveying X
8-9 Monument Right-of-Way X
8-10 Prepare and Approve Interim and Final Contractor Pay Estimates
Provide the name and phone number of the person authorized for this task.
Greg Muhonon 970-577-3581
Local Agency Representative Phone number
X
8-11 Prepare and Approve Interim and Final Utility/Railroad Billings X
8-12 Prepare Local Agency Reimbursement Requests X
8-13 Prepare and Authorize Change Orders X #
8-14 Approve All Change Orders X
8-15 Monitor Project Financial Status X
8-16 Prepare and Submit Monthly Progress Reports X
8-17 Resolve Contractor Claims and Disputes X
8-18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task.
Long Nguyen 970-350-2126 CDOT Resident Engineer Phone number
X
MATERIALS
9-1 Discuss Materials at Preconstruction Meeting
-Buy America documentation prior to installation of steel
X
9-2 Complete CDOT Form 250 - Materials Documentation Record
Generate form, which includes determining the minimum number of required tests andapplicable material submittals for all materials placed on the project
Update the form as work progresses
Complete and distribute form after work is completed
X
X
X
9-3 Perform Project Acceptance Samples and Tests X
9-4 Perform Laboratory Verification Tests X
9-5 Accept Manufactured Products
Inspection of structural components:
Fabrication of structural steel and pre-stressed concrete structural components
Bridge modular expansion devices (0” to 6” or greater)
Fabrication of bearing devices
X
X
X
X
9-6 Approve Sources of Materials X
9-7 Independent Assurance Testing (IAT), Local Agency Procedures CDOT Procedures
Generate IAT schedule
Schedule and provide notification
Conduct IAT
X
X
X
9-8 Approve Mix Designs
Concrete
Hot Mix Asphalt
X
X
9-9 Check Final Materials Documentation X
9-10 Complete and Distribute Final Materials Documentation X
45
CDOT Form 1243 09/06
Previous editions are obsolete and may not be used
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10-1 Fulfill Project Bulletin Board and Pre-construction Packet Requirements X
10-2 Process CDOT Form 205b - Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor, and submit to EEO/Civil Rights Specialist
X
10-3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee Interviews. Complete CDOT Form 280 X
10-4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the “Commercially Useful Function” requirements X
10-5 Conduct Interviews When Project Utilizes On-the-Job Trainees. Complete CDOT Form 200 - OJT Training Questionnaire X
10-6 Check Certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training requirements.) X #
10-7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report X
FINALS
11-1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final Acceptance Report (Resident Engineer with mandatory Local Agency participation.)
X #
11-2 Write Final Project Acceptance Letter X
11-3 Advertise for Final Settlement X 11-4 Prepare and Distribute Final As-Constructed Plans X
11-5 Prepare EEO Certification X
11-6 Check Final Quantities, Plans and Pay Estimate; Check Project Documentation; and submit
Final Certifications
X
11-7 Check Material Documentation and Accept Final Material Certification (See Chapter 9) X
11-8 Obtain CDOT Form 1419 - Contractor DBE Payment Certification from the Contactor and
submit to the Resident Engineer (Quarterly)
X
11-9 Obtain FHWA Form 47 - Statement of Materials and Labor Used … from the Contractor NA
11-10 Process Final Payment X
11-11 Complete and Submit CDOT Form 950 - Project Closure X
11-12 Retain Project Records for Six Years from Date of Project Closure X X
11-13 Retain Final Version of Local Agency Contract Administration Checklist X X
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer CDOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch Local Agency Project Manager
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PUBLIC WORKS Report
To:Public Safety, Utilities, and Public Works Committee
Town Administrator Lancaster
From:Jon Landkamer, Facilities Manager
Date:August 31, 2016
RE:Estes Valley Recreation and Parks District request for Bike Pump Track at
Stanley Park
Objective: Provide the Estes Valley Recreation and Parks District (EVRPD) with written authorization from the Town of Estes Park, to design and install a Bike Park and Bike
Pump Track on a portion of the Stanley Park property that is leased to EVRPD. The
written authorization from the Town of Estes Park will also clarify the Bike Park as a
recreational use of the property, in compliance with the deed restrictions in place for Stanley Park. Design and installation of the Bike Park will be at the expense of EVRPD and their partners, and will also need to comply with any relevant building codes and/or
community development restrictions or requirements.
Present Situation: The EVRPD has partnered with other local not-for-profit organizations to propose the construction of a Bike Park, in and around the existing playground and ball fields as
detailed in Exhibit A. The Lease Agreement between the Town of Estes Park and
EVRPD states, “The Lessee shall not construct any structures on the premises without
the specific written permission of the Town which will not be unreasonably withheld.”
Proposal:
There will be no involvement from Town of Estes Park staff, other than the Community
Development and Building Department/Public Works Engineering staff, through the
normal building permit process.
Advantages:
Increases potential users of Stanley Park
Encourages bicycle use in our community
Good example of local partnerships for community benefit
Disadvantages:
May compete with festival uses of the property affected
71
Action Recommended: Provide a letter of authorization from the Town of Estes Park, for the EVRPD to
continue pursuing design, funding and installing the proposed Bike Park and Bike Pump
Track on Stanley Park property. A draft of a letter from Town Administrator Lancaster is
attached as Exhibit B.
Budget:
None.
Level of Public Interest: Moderate. The Estes Park Cycling Coalition has been the driving force for this proposal, and has done some public presentations.
Attachments:
Exhibit A: Stanley Park Bike Park Concept Plan, dated June 25, 2016, by Flow Ride
Concepts.
Exhibit B: Draft letter of authorization from Town Administrator Lancaster.
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Administration Town Administrator
Public Information
Administrative Services Town Clerk
Human Resources
Community Development Building Safety
Code Enforcement
Planning/Zoning
Community Services Fairgrounds & Events Visitor Services
Cultural Services Museum
Senior Center
Finance Box 1747
Utility Billing
Police P.O. Box 1287
Public Works Engineering
Facilities
Fleet
Parks
Streets
Utilities IT
Light and Power
Water
August 31, 2016
Mr. Tom Carosello Executive Director
Estes Valley Recreation and Park District
PO Box 1379
Estes Park, CO 80517
Dear Mr. Carosello,
This letter is to serve as authorization for the Estes Valley Recreation and Parks
District (EVRPD) to install a Bike Park and Bike Pump track on Stanley Park property
currently leased to EVRPD, by the Town of Estes Park. The proposal from Flow Ride Concepts has been reviewed by Town of Estes Park staff, and legal counsel, and we
are in agreement that the proposed Bike Park is a recreational facility and not in
conflict with deed restrictions imposed on Stanley Park property.
The proposed Bike Park and Bike Pump Track will fall under the same guidelines as other recreational facilities covered by the Lease Agreement, dated March 30, 2010,
and the First Amendment to Lease Agreement, dated February 9, 2016, between
EVRPD and the Town of Estes Park.
Thank you for your continued commitment to serving the residents and visitors to the Estes Valley with unique and challenging recreational opportunities.
Respectfully Submitted,
Frank Lancaster
Town Administrator
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