HomeMy WebLinkAbout2025-063-06/03/2025-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND COLORADO DEPARTMENTRESOLUTION 2025-063
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY
AND COLORADO DEPARTMENT OF TRANSPORTATION TO
FUND CONSTRUCTION FOR THE FOOTHILLS TRANSIT
STATION PROJECT THROUGH STATE MULTIMODAL
TRANSPORTATION AND MITIGATION OPTIONS FUNDING
A.The Foothills Transit Station and Roundabout project (the “Project”),at the
intersection of Overland Trail and West Elizabeth Street adjacent to Colorado State
University’s Foothills Campus,will serve as the western terminus for multiple local and
regional routes as well as the future West Elizabeth Bus Rapid Transit line.
B.The Project will also serve as a mobility hub with bicycle parking,
opportunities for bike and scooter shares,micro-transit pick-ups and drop-offs,and
nearby parking for commuters.
C.Implementation of the Project prior to the full build out of the West Elizabeth
Corridor will allow Transfort to optimize and realign several existing routes in the West
Elizabeth Corridor to better serve the community.
D.The North Front Range Metropolitan Planning Organization (“NFRMPO”)
awarded Transfort $317,669 in Fiscal Years 2025 and 2026 Multimodal Transportation
and Mitigation Options Fund (“MMOF”)grant funding,which grant is managed by the
Colorado Department of Transportation (“CDOT”),to be used toward construction work
for the Project.
E.On April 1,2025,City Council approved Ordinance No.046,2025,
appropriating the MMOF grant revenue to be expended for the Project.
F.The CDOT administers the grant funds and has proposed an
intergovernmental agreement (“IGA”),substantially in the form attached hereto as Exhibit
A and incorporated herein by this reference,to enable the City to receive and expend the
MMOF grant funds for the Project.
G.Colorado Revised Statutes Section 29-1-203 provides that governments
may cooperate or contract with one another to provide certain services or facilities when
the cooperation or contracts are authorized by each party thereto with the support of its
legislative body or other authority with approval power.
H.City Charter Article II,Section 16 empowers the City Council,by ordinance
or resolution,to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services or enter into cooperative or joint activities
with other governmental bodies.
City Code Section 1-22 requires the City Council to approve lGAs that
require the City to make a direct,monetary payment over $50,000,and the proposed IGA
requires the City to provide matching funds in the amount of $317,669.
J.The MMOF grant funding and local matching funds will support construction
for the Project.
K.The City Council has determined that the IGA with CDOT is in the best
interests of the City and that the City Manager should be authorized to execute the IGA
between the City and CDOT in support thereof.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.City Council hereby authorizes the City Manager to execute the IGA
in substantially the form attached hereto as Exhibit A,together with such modifications
and additions as the City Manager,in consultation with the City Attorney,determines to
be necessary and appropriate to protect the interests of the City or effectuate the
purposes of this Resolution as set forth above.
Section 2.City Council hereby authorizes the City Manager to approve and
execute future amendments to the IGA that the City Manager,in consultation with the City
Attorney,determines to be necessary and appropriate to facilitate completion of the
projects made possible through the Fiscal Year 2025/2026 Multimodal Option Fund grant,
so long as such amendments do not increase the cost of the projects,substantially modify
the purposes of the intergovernmental agreement,increase the allocation or amount of
funding for the projects funded by the City,or otherwise increase the obligations and
responsibilities of the City as set forth in this intergovernmental agreement.
Passed and adopted on June 3,2025.
yor
ATTEST:
J /—a --
ity Cle/
Effective Date:June 3,2025
Approving Attorney:Madelene Shehan
Exhibits:Exhibit A -CDOT Agreement FY25/26 MMOF Grant
EXHIBIT A TO RESOLUTION 2025-063
State $LAWRK REGION:4
PROJECT:MTF M455-165 (26939),Foothill TCH
Transit Station
CONTRACT
THIS CONTRACT made this —day of________________20,by and between the State of Colorado for the use
and benefit of the Colorado Department of Transportation hereinafter referred to as the State and CITY OF FORT
COLLINS hereinafter referred to as the “Contractor”or the “Local Agency.”
RECITALS
I.Authority exists in the law and funds have been budgeted.appropnaled and otherwise made available and a sufficient
uncommitted balance thereof remains available for payment of Project and Local Agency costs.Total Agreement
Amount:$635,338.00.
2.Required approval,clearance and coordination have been accomplished from and with appropriate agencies.
3.Pursuant to 43-2-104.5 C.R.S.as amended,the State may contract with Local Agencies to provide maintenance
and construction of highways that are part of the State (or Local Agency)highway system.
4.Local Agency anticipates a Project for Foothill Transit Station and by the date of execution of this Agreement,the
Local Agency and/or the State has completed and submitted a preliminary version of CDOT form #463 describing
the general nature of the Work.The Local Agency understands that before the Work begins,the Local Agency
must receive an official written “Notice to Proceed”prior to commencing any part of the Work.The Local Agency
further understands,before the Work begins,the form #463 may be revised as a result of design changes made by
CDOT,in coordination with the Local Agency,in its internal review process.The Local Agency desires to perform
the Work described in form #463,as it may be revised.
5.The Local Agency has requested that State funds be made available for Project MTF M455-165 (26939),Foothill
Transit Station referred to as the “Project”or the “Work.”Such Work will be performed in Fort Collins.Colorado,
specifically descnbed in Exhibit A.
6.The State has funds available and desires to provide 50°o of the funding for the Work.Local Agency will provide
the other 50%.State hinds may be awarded with “Special Funding”.Special Funding may include but is not limited
to one or a combination of Multimodal Transportation &Mitigation Options Funding,Revitalizing Main Streets,
Safer Main Streets,Stimulus Funds or COVID Relief.If Special Funding is used there may be an expiration date
for the funds.The expiration date applies to grants and local hinds used to match grants.To receive payment or
credLt for the match,Work must be completed or substantially completed,as outlined in the terms of the grant,prior
to the expiration date of the Special Funding and invoiced in compliance with the rules outlined in the award of the
funding.
7.The Local Agency desires to comply with all State and other applicable requirements,including the State’s general
administration of the Project through this Agreement,in order to obtain State funds for the Project.
8.The Local Agency has estimated the total cost of the Work and is prepared to accept the State funding for the
Work,as may be evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency,which expressly authorizes the Local Agency to enter into this Agreement
and to complete the Work under the Project.A copy of any such ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
9.This Agreement is executed under the authority of~29-1-203,43-l-L 10;43-1-116,43-2-l0l(4)(c)and 43-2-144.
C.R.S.and Exhibit B.
10.The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all
of the Work.
THE PARTIES NOW AGREE THAT:
Section 1.Scope of Work
The Project or the Work under this Agreement shall consist of Foothill Transit Station,in Fort Collins,Colorado,as more
specifically described in Exhibit A,attached hereto and incorporated herein.
Section 2.Order of Precedence
EXHIBIT A TO RESOLUTION 2025-063
In (he event of conflicts or inconsistencies between this Agreement and its exhibits,such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
I.Special Provisions contained in Section 26 of this Agreement
2.This Agreement
3.Exhibit A (Scope of Work)
4.Exhibit B (Local Agency Resolution)
5.Exhibit C (Funding Provisions)
6.Exhibit D (Option Letter)
7.Exhibit E (Local Agency Contract Administration Checklist)
7.Exhibit F (PU Certification)
Section 3.Term
This Agreement shall be effective upon approval of the State Controller or designee,or on the date made,whichever is
later.It shall terminate on May 14,2035,or sooner if any of the State’s funding expires,or is sooner terminated or unless
performance is extended in accordance with this Agreement.
Section 4.Project Funding Provisions
A.The Local Agency has estimated the total cost of the Work and is prepared to accept the State funding for the
Work,as may be evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency,which expressly authorizes the Local Agency to enter into this Agreement
and to complete the Work under the Project.A copy of any such ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
B.The Parties hereto agree that this Agreement is contingent upon all ftinds designated for the Project herein being
made available from State sources,as applicable.Should these sources fail to provide necessary funds as agreed
upon herein,the Agreement may be terminated by either Party,provided that any Party terminating its interest
and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such
termination or which may occur as a result of such termination.
C.Funding will be detailed in Exhibit C of the funding provisions.Exhibit C is attached hereto and incorporated
herein.
Section 5.Project Payment Provisions
A.The State will reimburse the Local Agency for incurred costs relative to the Project following the State’s review
and approval of such charges,subject to the (enlis and conditions of this Agreement.Provided however,that
charges incurred by the Local Agency prior to the date this Agreement is executed by the State Controller will
not be charged by the Local Agency to the Project,and will not be reimbursed by the State.
B.The State will reimburse the Local Agency’s reasonable,allocable,allowable costs of performance of the Work,
not exceeding the maximum total amount described in Exhibit C.The applicable principles described in 49
C.F.R.18 Subpart C and 49 C.F.R.18.22 shall govern the allowability and allocability of costs under this
Agreement.The Local Agency shall comply with all such principLes.To be eligible for reimbursement,costs by
the Local Agency shall be:
1.In accordance with the provisions of Section 5 and with the terms and conditions of this Agreement;
2.Necessary for the accomplishment of the Work;
3.Reasonable in the amount for the goods and services provided;
4.Actual net cost to the Local Agency (i.e.the price paid minus any refunds,rebates,or other items of value
received by the Local Agency that have the effect of reducing the cost actually incurred);
5.Incurred for Work performed after the effective date of this Agreement;
6.Satisfactorily documented.
C.The Local Agency shall establish and maintain a proper accounting system in accordance with generalLy accepted
accounting standards (a separate set of accounts,or as a separate and integral part of its current accounting
scheme)to assure that Project funds are expended and costs accounted for in a manner consistent with this
Agreement and Project objectives.
1.All allowable costs charged to the Project,including any approved services contributed by the Local Agency
or others,shall be supported by properly executed payrolls,time records,invoices,contracts or vouchers
evidencing in detail the nature of the charges.
2.Any check or order drawn up by the Local Agency,including any item which is or will be chargeable against
the Project account shall be drawn up only in accordance with a properly signed voucher then on file in the
office of the Local Agency,which will detail the purpose for which said check or order is drawn.All checks,
EXHIBIT A TO RESOLUTION 2025-063
payrolls,invoices,contracts,vouchers,orders or other accounting documents shall be clearly identified,
readily accessible,and to the extent feasible,kept separate and apart from all other such documents.
D.If the Local Agency is to be billed for State incurred costs,the billing procedure shall be as follows:
I.Upon receipt of each bill from the State,the Local Agency will remit to the State the amount billed no later
than 60 days after receipt of each bill.Should the Local Agency fail to pay moneys due the State within 60
days of demand or within such other period as may be agreed between the parties hereto,the Local Agency
agrees that,at the request of the State.the State Treasurer may withhold an equal amount from future
apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to
the State.Interim funds,until the State is reimbursed,shall be payable from the State Highway
Supplementary Fund (400).
2.If the Local Agency fails to make timely payment to the State as required by this section (within 60 days
after the date of each bill),the Local Agency shall pay interest to the State at a rate of one percent per month
on the amount of the payment which was not made in a timely manner,until the billing is paid in full.The
interest shall accrue for the period from the required payment date to the date on which payment is made.
E The Local Agency will prepare and submit to the State,no more than monthly,charges for costs incurred relative
to the Project.The Local Agency’s invoices shall include a description of the amounts of services performed,the
dates of performance and the amounts and description of reimbursable expenses.The invoices will be prepared
in accordance with the State’s standard policies,procedures and standardized billing format to be supplied by the
State.Additionally,the State shall have no obligation to pay Local Agency for any Work performed or expense
incurred after the Agreement Expiration Date or after required billing deadline as specified in the award letter if
applicable,whichever is sooner.The State’s obligation to pay Agreement Funds will continue until the Agreement
Expiration Date.If Agreement Funds expire before the Agreement Expiration Date,then no payments will be
made after expiration of Agreement Funds.If the Work will be performed in multiple phases,the period of
performance start and end date of each phase is detailed under the Funding Provisions &Performance Period in
Exhibit C.
F.To be eligible for payment,billings must be received within 60 days after the period for which payment is being
requested and final billings on this Agreement must be received by the State within 60 days after the end of the
Agreement term.
I.Payments pursuant to this Agreement shall be made as earned,in whole or in part,from available fluids,
encumbered for the purchase of the described services.The liability of the State,at any time,for such
payments shall be limited to the amount remaining of such encumbered funds.
2.In the event this Agreement is terminated,final payment to the Local Agency may be withheld at the
discretion of the State until completion of final audit.
3.Incorrect payments to the Local Agency due to omission,error,fraud or defalcation shall be recovered from
the Local Agency by deduction from subsequent payment under this Agreement or other contracts between
the State and Local Agency,or by the State as a debt due to the State.
4 Any costs incurred by the Local Agency that are not allowable under 49 C.F.R.18 shall be reimbursed by
the Local Agency,or offset against current obligations due by the State to the Local Agency,at the State’s
election.
Section 6.Option Letter Modification
An option letter may be used to authorize the Local Agency to begin a phase without increasing total budgeted funds.
increase or decrease the encumbrance amount as shown on Exhibit C.and or transfer finds from one phase to another.
Option letter modification is limited to the specific scenanos listed below.The option letter shall not be deemed valid
until signed by the State Controller or an authorized delegate.
A.Option to begin a phase and/or increase or decrease the encumbrance amount.
The State may authorize the Local Agency to begin a phase that may include Design.Construction,
Environmental.Utilities,ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or
Railroads)as detailed in Exhibit A and at the same terms and conditions stated in this Agreement,with the total
budgeted finds as shown on Exhibit C remaining the same.The State may increase or decrease the encumbrance
amount for a particular phase by replacing the original fUnding exhibit (Exhibit C)in this Agreement with an
updated Exhibit C—I (subsequent exhibits to Exhibit C-I 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.
EXHIBIT A TO RESOLUTION 2025-063
B.Option to transfer funds from one phase to another phase.
The State may permit the Local Agency to transfer funds from one phase (Design,Construction,Environmental,
Utilities,ROW incidentals or Miscellaneous)to another as a result of changes to State,federal,and local match.
The original funding exhibit (Exhibit C)in this Agreement will be replaced with an updated Exhibit C-i
(subsequent exhibits to Exhibit C-i shall be labeled C-2,C-3,etc.)and attached to the option letter.The fhnds
transferred from one phase to another are subject to the same terms and conditions stated in this Agreement with
the total budgeted funds remaining the same.The State may unilaterally exercise this option by providing a fully
execuled 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 I).
C.Option to do both Options A and B.
The State may authorize the Local Agency to begin a phase as detailed in Exhibit A,and encumber and transfer
funds from one phase to another.The original funding exhibit (Exhibit C)in this Agreement will be replaced
with an updated Exhibit C-I (subsequent exhibits to Exhibit C-i 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 this Agreement with the total budgeted hinds remaming the same.The State may unilaterally
exercise this option by providing a hilly executed option to the Local Agency within thirty (30)days before the
initial targeted start date of the phase,in a form substantially equivalent to Exhibit D.
Section 7.State and Local Agency Commitments
The Scope of Work in Exhibit A describes the Work to be performed and assigns responsibility of that Work to either
the Local Agency or the State.The “Responsible Party”referred to in this Agreement means the Responsible Party
as identified in the Scope of Work in Exhibit A.
A.Design [if applicable]
t.If the Work includes preliminary design or final design (the “Construction Plans”),or design work sheets,or
special provisions and estimates (collectively referred to as the “Plans”),the responsible party shall comply
with the following requirements,as applicable:
a.perform or provide the Plans,to the extent required by the nature of the Work.
b.prepare final design (Construction Plans)in accord with the requirements of the latest edition of the
American Association of State Highway Transportation Officials (AASHTO)manual or other standard,
such as the Uniform Building Code,as approved by COOT
c.prepare special provisions and estimates in accord with the State’s Roadway and Bridge Design Manuals
and Standard Specifications for Road and Bridge Construction or Local Agency specifications if
approved by COOT.
d.include details of any required detours in the Plans,in order to prevent any interference of the
construction work and to protect the traveling public.
e.stamp the Plans produced by a Colorado Registered Professional Engineer.
f.provide final assembly of Plans and contract documents.
g.be responsible for the Plans being accurate and complete.
h.make no further changes in the Plans following the award of the construction contract except by
agreement in writing between the parties.The Plans shall be considered final when approved and
accepted by the parties hereto,and when final they shall be deemed incorporated herein.
2.If the Local Agency is the Responsible Party:
a.The Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA),
and applicable federal regulations and standards as contained in the document “ADA AccessibLlity
Requirements in COOT Transportation Projects”.
b.It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that
are directed by the State to comply with State requirements.
c.It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction
administration.Provided,however,that if federal-aid hinds are involved in the cost of such work to be
done by a consultant,that consultant contract (and the performance provision of the Plans under the
contract)must comply with all applicable requirements of 23 CFR Part 172 and with any procedures
implementing those requirements as provided by the State.If the Local Agency does enter into a contract
with a consultant for the Work:
EXHIBIT A TO RESOLUTION 2025-063
(I)it shall submit a certification that procurement of any design consultant contract complied with (he
requirements of 23 CFR 172.50)prior to entering into contract.The Slate shall either approve or
deny such procurement.If denied,the Local Agency may not enter into the contract.
(2)it shall ensure that all changes in the consultant contract have prior approval by the State.Such
changes in the contract shall be by written supplement agreement.As soon as the contract with the
consultant has been awarded by the Local Agency,one copy of the executed contract shall be
submitted to the State.Any amendments to such contract shall also be submitted.
(3)it shall require that all consultant billings under that contract shall comply with the State’s
standardized billing format.Examples of the billing formats are available from the CDOT
Agreements Office.
(4)it (or its consultant)shall use the CDOT procedures described in Exhibit A to administer that design
consultant subcontract,to comply with 23 CFR 172.5(b)
(5)it may expedite any CDOT approval of its procurement process andlor consultant contract by
submitting a letter to CDOT from the certifying Local Agency’s attorney authorized representative
certifying compliance with 23 CFR 172.5(b).
(6)it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i)and
contains the following language verbatim:
(a)“The design work under this contract shall be compatible with (he requirements of the contract
between the Local Agency and the State (which is incorporated herein by this reference)for the
designlconstruction of the project.The State is an intended third party beneficiary of this
contract for that purpose.”
(b)“Upon advertisement of the project work for construction,the consultant shall make available
services as requested by the State to assist the State in the evaluation of construction and the
resolution of construction problems that may arise during the construction of the project.”
(c)“The consultant shall review the construction contractor’s shop drawings for conformance with
the contract documents and compliance with the provisions of the State’s publication.Standard
Specifications for Road and Bridge Construction,in connection with this work.”
(d)The State,in its discretion,will review construction plans,special provisions and estimates and
will cause the Local Agency to make changes therein that the State determines are necessary to
assure compliance with State requirements.
B.Construction [if applicablel
If the Work includes construction,the Responsible Party shall perform (he construction in accordance with
the approved design plans and/or administer the construction all in accord with the Scope of Work in Exhibit
A.Such administration shall include Project inspec(ion and testing:approving sources of materials;
performing required plant and shop inspections;documentation of contract payments,testing and inspection
activities;prepanng and approving pay estimates;preparing,approving and securing the funding for contract
modification orders and minor contract revisions;processing contractor claims;construction supervision;and
meeting the Quality Control requirements as described in the Scope of Work in Exhibit A.
2.The State shall have the authority to suspend the Work,wholly or in part,by giving written notice thereof to
the Local Agency,due to the failure of the Local Agency or its contractor to correct Project conditions which
are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather,or for
conditions considered unsuitable for the prosecution of the Work,or for any other condition or reason deemed
by the State to be in the public interest.
3.If the Local Agency is the Responsible Party:
a.it shall appoint a qualified professional engineer,licensed in the State of Colorado,as the Local Agency
Project Engineer (LAPE),to perform that administration.The LAPE shall administer the Project in
accordance with this Agreement,the requirements of the construction contract and applicable State
procedures.
b.if bids are to be let for the construction of the Project,it shall advertise the call for bids upon approval
by the State and award the construction contract(s)to the low responsible bidder(s)upon approval by
the State.
(I)The Local Agency has the option to accept or reject the proposal of the apparent low bidder for work
on which competitive bids have been received.The Local Agency must declare the acceptance or
rejection within 3 working days after said bids are publicly opened.
(2)By indicating its concurrence in such award,the Local Agency,acting by or through its duly
authorized representatives,agrees to provide additional funds,subject to their availability and
appropriation for that purpose,if required to complete the Work under this Project if no additional
EXHIBIT A TO RESOLUTION 2025-063
federal-aid fUnds will be made available for the Project.This paragraph also applies to projects
advertised and awarded by the Slate.
c.If all or part of the construction work is to be accomplished by Local Agency personnel (i.e.by force
account),rather than by a competitive bidding process,the Local Agency will ensure that all such force
account work is accomplished in accordance with the pertinent State specifications and requirements
with 23 CFR 635,Subpart B,Force Account Construction.
(I)Such work will normally be based upon estimated quantities and firm unit prices agreed to between
the Local Agency and the State in advance of the Work,as provided for in 23 CFR 635.204(c).Such
agreed unit prices shall constitute a commitment as to the value of the Work to be performed.
(2)An alternative to the above is that the Local Agency may agree to participate in the Work based on
actual costs of labor,equipment rental,materials supplies and supervision necessary to complete the
Work.Where actual costs are used,eligibility of cost items shall be evaluated for compliance with
48 CFR Part 31.
(3)Rental rates for publicly owned equipment will be determined in accordance with the State’s
Standard Specifications for Road and Bridge Construction §109.04.
(4)All force account work shall have prior approval of the State and shall not be initiated until the State
has issued a written notice to proceed.
C.State’s obligations
1.The State will perform a final Project inspection prior to Project acceptance as a Quality Control Assurance
activity.When all Work has been satisfactorily completed,the State will sign a final acceptance form.
2.Notwithstanding any consents or approvals given by the State for the Plans,the State will not be liable or
responsible in any manner for the structural design,details or construction of any major structures that are
designed by or are the responsibility of the Local Agency as identified in the Scope of Work in Exhibit A,
within the Work of this Agreement
Section 8.ROW Acquisition and Relocation
If the Project includes right of way,prior to this Project being advertised for bids,the Responsible Party will certi~’
in writing to the State that all right of way has been acquired in accordance with the applicable State and federal
regulations,or that no additional right of way is required.
Any acquisition1relocation activities must comply with:all applicable federal and state statutes and regulations,
including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as
amended (P.L.91-646)and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal
and Federally Assisted Programs as amended (49 CFR Part 24);CDOT’s Right of Way Manual;and CDOT’s Policy
and Procedural Directives.
Allocation of Responsibilities are as follows:
•Federal participation in right of way acquisition (3111 charges),relocation (3109 charges)activities,if any,and
right of way incidentals (expenses incidental to acquisition/relocation of right of way 3114 charges);
-Federal participation in right of way acquisition (3111 charges),relocation (3109 charges)but no participation in
incidental expenses (3114 charges);or
•No federal participation in right of way acquisition (3111 charges)and relocation activities (3109 expenses).
Regardless of the option selected above,the State retains oversight responsibilities.The Local Agency’s and the
State’s responsibilities for each option is specifically set forth in CDOT’s Right of Way Manual.The manual is located
at http://www.dot.state.co.usIROW_Manual/.
If right of way is purchased for a State highway,including areas of influence of the State highway,the Local Agency
shall immediately convey title to such right of way to CDOT after the Local Agency obtains title.
Section 9.Utilities
if necessary,the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility
company,which may become involved in this Project Prior to this Project being advertised for bids,the Responsible
Party will certifr in writing to the State that all such clearances have been obtained.
Section 10.Railroads
In the event the Project involves modification of a railroad company’s facilities whereby the Work is to be
accomplished by railroad company forces,the Responsible Party shall make timely application to the Public Utilities
Commission requesting its order providing for the installation of the proposed improvements and not proceed with
that part of the Work without compliance.The Responsible Party shall also establish contact with the railroad
EXHIBIT A TO RESOLUTION 2025-063
company involved for the purpose of complying with applicable provisions of 23 CFR 646,subpart B,concerning
federal-aid projects involving railroad facilities,including:
A.Executing an agreement setting out what work is to be accomplished and the location(s)thereof,and that the costs
of the improvement shall be eligible for federal participation.
B.Obtaining the railroad’s detailed estimate of the cost of the Work.
C.Establishing future maintenance responsibilities for the proposed installation.
D.Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination
of a grade crossing.
E.Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to
the installation.
Section II.Environmental Obligations
The Local Agency shall perform all Work in accordance with the requirements of the current federal and State
environmental regulations including the National Environmental Policy Act of 1969 (NEPA)as applicable.
Section 12.Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this Agreement at its own cost and
expense during their useful life,in a manner satisfactory to the State.The Local Agency will make proper provisions
for such maintenance obligations each year.Such maintenance and operations shall be conducted in accordance with
all applicable statutes,ordinances and regulations which define the Local Agency’s obligations to maintain such
improvements.The State will make periodic inspections of the Project to ventS’that such improvements are being
adequately maintained.
Section 13.Record Keeping
The Local Agency shall maintain a complete file of all records,documents,communications,and other written
materials,which pertain to the costs incurred under this Agreement.The Local Agency shall maintain such records
for a period of three (3)years after the date of termination of this Agreement or final payment hereunder,whichever
is later,or for such further period as may be necessary to resolve any matters which may be pending.The Local
Agency shall make such matenals available for inspection at all reasonable times and shall permit duly authorized
agents and employees of the State to inspect the Project and to inspect,review and audit the Project records.
Section 14.Termination Provisions
This Agreement may be terminated as follows:
A.Termination for Convenience.The State may terminate this Agreement at any time the State determines that the
purposes of the distribution of moneys under the contract would no longer be served by completion of the Project.
The State shall effect such termination by giving written notice of termination to the Local Agency and specif5’ing
the effective date thereof,at least twenty (20)days before the effective date of such termination.
B.Termination for Cause.If,through any cause,the Local Agency shall fail to fulfill,in a timely and proper manner,
its obligations under this Agreement,or if the Local Agency shall violate any of the covenants,agreements,or
stipulations of this Agreement,the State shall thereupon have the right to terminate this Agreement for cause by
giving written notice to the Local Agency of its intent to terminate and at least ten (10)days opportunity to cure
the default or show cause why termination is otherwise not appropriate In the event of termination,all finished
or unfinished documents,data,studies,surveys,drawings,maps,models,photographs and reports or other
material prepared by the Local Agency under this Agreement shall,at the option of the State,become its property,
and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies
delivered and accepted.The Local Agency shall be obligated to return any payments advanced under the
provisions of this Agreement.
Notwithstanding the above,the Local Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the Agreement by the Local Agency,and the State may withhold
payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
damages due to the State from the Local Agency is determined.
If after such termination it is determined,for any reason,that the Local Agency was not in default or that the
Local Agency’s action/inaction was excusable,such termination shall be treated as a termination for convenience,
and the rights and obligations of the Parties shall be the same as if the Agreement had been terminated for
convenience,as described herein.
EXHIBIT A TO RESOLUTION 2025-063
C.Termination Due to Loss of Fundin2.The Parties hereto expressly recognize that the Local Agency is to be paid,
reimbursed,or otherwise compensated with federal andior State ftrnds which are available to the State for the
purposes of contracting for the Project provided for herein,and therefore,the Local Agency expressly understands
and agrees that all its rights,demands and claims to compensation arising under this Agreement are contingent
upon availability of such funds to the State.In the event that such funds or any part thereof are not available to
the State,the State may immediately terminate or amend this Agreement.
Section 15.Legal Authority
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 law to exercise that authority,and to lawfully authorize
its undersigned signatory to execute this Agreement and to bind the Local Agency to its terms.The person(s)executing
this Agreement on behalf of the Local Agency warrants that such person(s)has full authorization to execute this
Agreement.
Section 16.Representatives and Notice
Each individual identified below is the principal representative of the designating Party.All notices required to be
given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s
principal representative at the address set forth below.In addition to but not in lieu of a hard-copy notice,notice also
may be sent by e-mail to the e-mail addresses,if any,set forth below.Either Party may from time to time designate
by written notice substitute addresses or persons to whom such notices shall be sent.Unless otherwise provided herein,
all notices shall be effective upon receipt.
If to State If to the Local Aenc
CDOT Region:4 City of Fort Collins
Armando Ochoa Spencer M.Smith
Project Manager Manager,Civil Engineering
10601 10th Street 281 North College Avenue
Greeley,CO 80634 Fort Collins,CO 80524
970-652-1668 970-416-8054
armando.ochoa~state.co.us smsmitht~fcgov.com
Section 17.Successors
Except as herein otherwise provided,this Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective successors and assigns.
Section 18.Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement and all rights
of action relating to such enforcement,shall be strictly reserved to the State and the Local Agency.Nothing contained
in this Agreement shall give or allow any claim or right of action whatsoever by any other third person.it is the
express intention of the State and the Local Agency that any such person or entity,other than the State or the Local
Agency receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only.
Section 19.Governmental Immunity
Notwithstanding any other provision of this Agreement to the contrary,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,protection,or
other provisions of the Colorado Governmental immunity Act,§24-10-101,et seq.,CR5.,as now or hereafter
amended.The parties understand and agree that liability for claims for injuries to persons or property arising out of
negligence of the State of Colorado,its departments,institutions,agencies,boards,officials and employees is
controlled and limited by the provisions of §24-10-101,et seq.,C.R.S.,as now or hereafter amended and the risk
management statutes,§*24-30-1501,et seq.,CR5.,as now or hereafter amended.
Section 20.Severability
To the extent that this Agreement may be executed and performance of the obligations of the Parties may be
accomplished within the intent of the Agreement,the terms of this Agreement are severable,and should any term or
provision hereof be declared invalid or become inoperative for any reason,such invalidity or failure shall not affect
the validity of any other term or provision hereof.
EXHIBIT A TO RESOLUTION 2025-063
Section 21.Waiver
The waiver of any breach of a term,provision,or requirement of this Agreement shall not be construed or deemed as
a waiver of any subsequent breach of such term,provision,or requirement,or of any other term,provision or
requirement.
Section 22.Entire Understanding
This Agreement is intended as the complete integration of all understandings between the Parties.No prior or
contemporaneous addition,deletion,or other amendment hereto shall have any force or effect whatsoever,unless
embodied herein by writing.No subsequent novation,renewal,addition,deletion,or other amendment hereto shall
have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 23.Survival of Agreement Terms
Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions of this
Agreement and the exhibits and attachments hereto which may require continued performance,compliance or effect
beyond the termination date of the Agreement shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 24.Modification and Amendment
This Agreement is subject to such modifications as may be required by changes in federal or State law,or their
implementing regulations.Any such required modification shall automatically be incorporated into and be part of this
Agreement on the effective date of such change as if fully set forth herein.Except as provided above,no modification
of this contract shall be effective unless agreed to in writing by both Parties in an amendment to this Agreement that
is properly executed and approved in accordance with applicable law.
Section 25.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 will be decided by the Chief Engineer of the Department of
Transportation.The decision of the Chief Engineer will be final and conclusive unless,within 30 calendar days after
the date of receipt of a copy of such written decision,the LocaL Agency mails or otherwise furnishes to the State a
written appeal addressed to the Executive Director of the Department of Transportation.In connection with any appeal
proceeding under this clause,the Local Agency shall be afforded an opportunity to be heard and to offer evidence in
support of its appeal Pending finaL decision of a dispute hereunder,the Local Agency shall proceed diligently with
the performance of the 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 will be final and conclusive and
serve as final agency action.This dispute clause does not preclude consideration of questions of law in connection
with decisions provided for herein.Nothing in this Agreement,however,shall be construed as making final the
decision of any administrative official,representative,or board on a question of law.
Section 26.COLORADO SPECIAL PROViSIONS (COLORADO FISCAL RULE 3-3).
These Special Provisions apply to all contracts.Contractor refers to Local Agency and Contract refers to
Agreement.
A.STATUTORY APPROVAL.§24-30-202(1),C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee.!~
this Contract is for a Major Information Technology Project,as defined in §24-37.5-102(19),then this
Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee.
B.FUND AVAILABILITY.§24-30-202(5.5),C.R.S.,applicable Local Agency law,rule or regulation.
Financial obligations of the Parties payable after the current State Fiscal Year or fiscal year are contingent
upon funds for that purpose being appropriated,budgeted,and otherwise made available.
C.GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the Parties,its
departments,boards,commissions committees,bureatis.offices,employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act.§24-10-101.et seq..C.R.S.;the
EXHIBIT A TO RESOLUTION 2025-063
Federal Tort Claims Act,28 U.S.C.Pt.VI,Ch.171 and 28 U.S.C.L346(b),and the State’s risk management
statutes,§~24-3O-l50l,et seq.C.R.S.No term orcondition of this Contract shall be construed or interpreted
as a waiver,express or implied,of any of the immunities,rights,benefits,protections,or other provisions,
contained in these statutes.
D.INDEPENDENT CONTRACTOR
Contractor shaLl pertbrm its duties hereunder as an independent contractor and not as an employee.Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or empLoyee of the State.
Contractor shall not have authonzation,express or implied,to bind the State to any agreement,liability or
understanding,except as expressly set forth herein.Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Contract.Contractor shall (i)provide and keep in force workers’
compensation and unemployment compensation insurance in the amounts required bylaw,(ii)provide
proof thereof when requested by the State,and (iii)be solely responsible for its acts and those of its
employees and agents.
E.COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws,rules,and regulations in effect or hereafter
established,including,without limitation,laws applicable to discrimination and unfair employment practices.
F.CHOICE OF LAW,JURISDICTION,AND VENUE.
Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,
execution,and enforcement of this Contract.Any provision included or incorporated herein by reference
which conflicts with said laws,rules,and regulations shall be null and void.ALl suits or actions related to this
Contract shaLl be filed and proceedings held in the Stale of Colorado and exclusive venue shall be in the City
and County of Denver.
C.PROHIBITED TERMS.
Any term included in this Contract that requires the Parties to indemnify or hold Contractor harmless;requires
the Parties to agree to binding arbitration;limits Contractor’s liability for damages resulting from death,
bodily injury,or damage to tangible property;or that conflicts with this provision in any way shall be void
ab initio.Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S
Any term included in this Contract that limits Contractor’s liability that is not void under this section shall
apply only in excess of any insurance to be maintained under this Contract,and no insurance policy shall be
interpreted as being subject to any limitations of liability of this Contract.
H.SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition,operation,or
maintenance olcomputer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that,during the term of this Contract and any extensions,Contractor
has and shall maintain in place appropriate systems and controls to prevent such improper use of public finds.
If the State determines that Contractor is in violation of this provision,the State may exercise aay remedy
available at Law or in equity or under this Contract,including,without limitation,immediate termination of
this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST.§~24-l8-20l and 24-50-507,
C.R.S.
The signatories aver that to their knowledge,no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract.Contractor has no interest and shall not
acquire any interest,direct or indirect,that would conflict in any manner or degree with the performance of
Contractor’s services and Contractor shall not employ any person having such known interests.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
EXHIBIT A TO RESOLUTION 2025-063
SectIon 27.SIGNATURE PAGES
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 STATE OF COLORADO
CITY OF FORT COLLINS Jared S.Polls
Department of Transportation
3.By
Si ature Keith Stefanik,P.E.,Chief Engineerp.(For)Shoshana M.Lew,Executive Director
Name:
(Print Name)
Title:Date:
(Print Title)
Date:
ADDITIONAL LOCAL AGENCY STATE OF COLORADO
SIGNATURES LEGAL REVIEW
CITY OF FORT COLLINS Philip J.Weiser,Attorney General
By
ATTEST:Signature Assislant Altorney General
By:
signaturc Dale:
Name:
(Print Name)
Title:
(Print Title)
Date:
APPROVED AS TO FORM:
By:
*Signamre
Name:
(Print Name)
Title:
(runt Title)
Date:
EXHIBIT A TO RESOLUTION 2025-063
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24—30-202 requires the Stale Controller to approve nil State Agreements.This Agreement is not valid unlil
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,SD
By:
Colorado Department of Transportation
Date:__________________________________________
EXHIBIT A TO RESOLUTION 2025-063
EXHIBIT A
SCOPE OF WORK
Name of Project:Foothill Transit Station
Project Number:MTF M455-165
SubAccount 4:26939
The Colorado Department of Transportation (“CDOT”)will oversee the City of Fort Collins when
the City of Fort Collins designs the Foothill Transit Station (hereinafter referred to as “this work”).
CDOT and the City of Fort Collins believe it will be beneficial to perform this work to improve
transit service reliability and frequency along the Elizabeth Corridor connecting CSU main and
Foothill Campuses.
The design will be completed in accordance with AASHTO design standards,the Americans with
Disabilities Act,and all applicable state,federal and local rules and regulations.The design phase
of the work is expected to begin in 2025 and will identifS’more exact requirements,qualities,and
attributes for this work (hereinafter referred to as “the exact work”).The exact work shall be used
to complete the construction phase of the project.The construction phase of the contract is
anticipated to begin in 2027.
If this project is funded with Multimodal Transportation &Mitigation Options Funding
(MMOF)these funding expenditures must be invoiced by June 1st of the year they expire.
By accepting funds for this Scope of Work,Local Agency acknowledges,understands,and accepts
the continuing responsibility for the safety of the traveling public after initial acceptance of the
project.Local Agency is responsible for maintaining and operating the scope of work
described in this Exhibit A constructed under this Agreement at its own cost and expense
during its useful life.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A TO RESOLUTION 2025-063
EXHIBIT B
LOCAL AGENCY RESOLUTION (IF APPLICABLE)
Exhibit B -Page 1 of I
EXHIBIT A TO RESOLUTION 2025-063
EXHIBIT C -FUNDING PROVISIONS
City of Fort Collins -MTF M455-165 (26939)
Cost of Work Estimate
The Local Agency has estimated the total cost of the Work to be $635,338.00,which is
to be funded as follows:
1.a.State Funds
(50%of MMOF Award)$317,669.00
b.Local Agency Funds
(50%of MMOF Award)$317,669.00
TOTAL BUDGETED FUNDS $635,338.00
2.ESTIMATED PAYMENT TO LOCAL AGENCY
a.State Funds Budgeted $317,669.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 50%$317,669.00
TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 50%$317,669.00
TOTAL PROJECT ESTIMATED FUNDING 100.00%$635,338.00
4.FOR CDOT ENCUMBRANCE PURPOSES
a.Total Encumbrance Amount
(Only State funds are encumbered)$317,669.00
b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $317,669.00
Note:No funds are currently available.Design and Construction funds will become
available after execution of an Option letter (Exhibit D)or formal Amendment.
Design 3020
WBS Element 26939.10.30 Performance Period Start*/End Date $0.00
N/A
Const.3301
WBS Element 26939.20.10 Performance Period Start*/End Date $0.00
N/A
*The Local Agency should not begin work until both of the following are in place:1)the
execution of the document encumbering funds for the respective phase;and 2)Local
Agency receipt of the official Notice to Proceed.Any work performed before these two (2)
milestones are achieved will not be reimbursable.
B.Funding Ratio
The funding ratio for the State funds for this Work is 50%State funds to 50%Local
Agency funds,and this ratio applies only to the $635,338.00 that is eligible for State
funds.All other costs are borne by the Local Agency at 100%.If the total cost of
performance of the Work exceeds $635,338.00,and additional State funds are not
available,the Local Agency shall pay all such excess costs.If the total cost of
performance of the Work is less than $635,338.00,then the amounts of Local Agency
and State kinds will be decreased in accordance with the funding ratio described herein.
This applies to the entire scope of Work.
A.
EXHIBIT A TO RESOLUTION 2025-063
C.Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be
$317,669.00.For CDOT accounting purposes,the State funds of $317,669.00 will be
encumbered,but the Local Agency funds of $317,669.00 will NOT be encumbered,for
a total encumbrance of $317,669.00.The total budget of this project is $635,338.00,
unless this amount is increased by an executed amendment before any increased cost
is incurred.The total cost of the Work is the best estimate available,based on the
design data as approved at the time of execution of this Agreement,and any cost is
subject to revisions agreed to by the parties prior to bid and award.This applies to the
entire scope of Work.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
EXHIBIT A TO RESOLUTION 2025-063
EXHIBIT D
SAMPLE IGA OPTION LETTER
Date State Fiscal Year Option Letter No.
Project Code Original Agreement #
Vendor Name:
Option to unilaterally add phasing to include Design,Construction,Environmental,
Utilities,ROW incidentals or Miscellaneous and to update encumbrance amount(s).
Option to unilaterally transfer funds from one phase to another phase.
Option to unilaterally add phasing to include Design,Construction,Environmental,
Utilities,ROW incidentals or Miscellaneous,to update encumbrance amount(s),and
to unilaterally transfer funds from one phase to another phase.
Option to unilaterally extend the term of this Agreement and/or update a Work
Phase Performance Period and/or modify 0MB Guidance.
Option A
In accordance with the terms of the original Agreement between the State of
Colorado,Department of Transportation and the Local Agency,the State hereby
exercises the option to authorize the Local Agency to add a phase and to encumber
funds for the phase based on changes in funding availability and authorization.The
total encumbrance is (or increased)by $0.00.A new Exhibit C-i is made part of the
original Agreement and replaces Exhibit C.
Option B
In accordance with the terms of the original Agreement between the State of
Colorado,Department of Transportation and the Local Agency,the State hereby
exercises the option to transfer funds based on variance in actual phase costs and
original phase estimates.A new Exhibit C-I is made part of the original Agreement
and replaces Exhibit C.
Option C
In accordance with the terms of the original Agreement between the State of
Colorado,Department of Transportation and the Local Agency,the State hereby
exercises the option to 1)release the Local Agency to begin a phase;2)to encumber
funds for the phase based upon changes in funding availability and authorization;
and 3)to transfer funds from phases based on variance in actual phase costs and
EXHIBIT A TO RESOLUTION 2025-063
original phase estimates.A new Exhibit C-i is made part of the original Agreement
and replaces Exhibit C.
Option D
In accordance with the terms of the original Agreement between the Stale of Colorado,
Department of Transportation and the Local Agency,the State hereby exercises the option
extend the term of this Agreement and/or update a Work Phase Performance Period and/or
modii~’information required under the 0MB Uniform Guidance,as outlined in Exhibit
C.This is made part of the original Agreement and replaces the Expiration Date shown on
the Signature and Cover Page.Any updated version of Exhibit C shall be attached to any
executed Option Letter as Exhibit C-I (with subsequent exhibits labeled C-2,C-3,etc.).
The effective date of this option letter is upon approval of the State Controller or delegate.
STATE OF COLORADO
Jared S.Polls
Department of Transportation
By:
Keith Stefanik,P.E.,Chief Engineer
(For)Shoshana M.Lew,Executive Director
Dale:
ALL AGREEMENTS MUST BE APPROVED 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.Contractor is not
authorized to begin performance until such time.If the Local Agency begins performing prior
thereto,the State of Colorado is not obligated to pay the Local Agency for such performance or for
any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
By:
Colorado Department of Transportation
Date:
EXHIBIT A TO RESOLUTION 2025-063
Exhibit E
Colorado Department of Transportation
Local Agency Contract Administration Checklist
Project Number STIP Number Project Code Region
IMThIM~~I ~I 1269:39 I k
Project Location Date
~CitycfIFnittGoi{Ij~s II5117.IIN7~
Project Description
I Foathflhllitnnitt5$iatjon
Local Agency Local Agency Project Manager
~cityitt~itiiies I ISpet~~1~i.Si11iftI,
CDOT Resident Engineer CDOT Project Manager
IB1w~IIAnhltiIea
Instructions:
This checklist shall be used to establish the contractual administrative responsibilities of the
individual parties to this agreement.The checklist becomes an attachment to the Local Agency
Agreement.Section numbers (No.)correspond to the applicable chapters of the CDOT L.ocal
Agency Manual (formerly referred to as the Local Agency Desk Reference).Local Agency Web
Resource (LAWR)numbers correspond to the applicable flowchart in the Local Agency Web
Resource.
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.It is preferred
that only one responsible party be selected,however a number of items may have both parties
selected based on judgement.When neither CDOT nor the Local Agency is responsible for a task,
not applicable (N/A)shall be marked.In addition,#will be marked to denote that CDOT must
concur or approve.
The Regions,in accordance with established policies and procedures,will determine who will
perform 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.
Note:
Failure to comply with applicable Federal and State requirements may result in the Loss of Federal
or State participation in funding.
Previous editions are obsolete and may not be used.CDOT Form 1243 8/24 Page 1 of 10
EXHIBIT A TO RESOLUTION 2025-063
Acronyms:
Colorado Department of Transportation -CDOT
Disadvantaged Business Enterprise -DBE
Colorado Department of Transportation CDOT
Disadvantaged Business Enterprise -DBE
Equal EmpLoyment Opportunity -EEO
FederaL Highway Administration FHWA
FieLd Inspection Review FIR
FinaL Office Review FOR
Hot Mix Asphalt HMA
Independent Assurance Testing -IAT
IntergovernmentaL Agreement IGA
LocaL Agency -LA
LocaL Agency Web Resource LAWR
Not ApplicabLe N/A
Number No.
On-The-Job -OJT
PLans,Specifications,and Estimate PS&E
ProfessionaL Engineer -PE
Right-of-Way -ROW
Statewide Transportation Improvement Program -STIP
Transportation Improvement Program -TIP
Previous editions are obsoLete and may not be used.CDOT Form 1243 8/24 Page 2 of 10
EXHIBIT A TO RESOLUTION 2025-063
TIP I STIP Long-Range Plans Responsible
Party
LAWR No.Description of Task LA CDOT
2.1 Review Project to ensure it is consistent with Statewide Plan and C I X I
amendments thereto
Subrecipient Monitoring Responsible
Party
LAWR No.Description of Task LA CDOT
3.1 Preparation of Subrecipient Monitoring Compliance Documents
•Subrecipient Determination Tool C C
•Subrecipient Risk Assessment C i:ri
•Subrecipient Notification Letter C C
•Subrecipient Project Update Report (Formerly ________
“Performance Report to CDOT”)I X I I I
•CDOT Monitoring Report of Subrecipients (If applicable)L.....J I X I
Federal Funding Obligation and Authorization Responsible
Party
LAWR No.Description of Task LA CDOT
4.1 Authorize funding by phases (Requires FHWA Concurrence if C C
Federal-aid Highway funded project.).Please check N/A,if
Not applicable.
Project Development Responsible
Party
LAWR No.Description of Task LA COOT
5.1 Determine Delivery Method Eli I X I
1 5.2 Prepare Design Data CDOT Form 463 E~J I I
5.3 Prepare Local Agency/CDOT Inter-Governmental Agreement (see F~]L~J
also Chapter 3)
2 5.4 Conduct Consultant Selection/Execute Consultant Agreement ____
•Project Development I X I
•Construction Contract Administration (including Fabrication L2SJ C
Inspection Services)
3,3A 5.5 Conduct Design Scoping Review Meeting C
3,6 5.6 Conduct Public Involvement C
Previous editions are obsolete and may not be used.COOT Form 1243 8/24 Page 3 of 10
EXHIBIT A TO RESOLUTION 2025-063
Responsible
Party
LAWR No.Description of Task LA CDOT
3 5.7 Conduct Field Inspection Review (FIR)~I X I
4 5.8 Conduct Environmental.Process (may require FHWA concurrence ~I I
/involvement)
5 5.9 Acquire Right-of-Way (may require FHWA concurrence
/involvement)
3 5.10 Obtain Utility and Railroad Agreements Eli C
3 5.11 Conduct Final Office Review (FOR)i:ri c~
3A 5.12 Justify Force Account Work by the Local Agency C
3B 5.13 Justify Proprietary,Sole Source,or Local Agency Furnished Items ~J C
3 5.14 Document Design Exceptions CDOT Form 464 C
5.15 Seek Permission for use of Guaranty and Warranty Clauses C
3 5.18 Prepare Plans,Specifications,Construction Cost Estimates and LXI C
Submittals
5.19 Comply with Requirements for Off-and On-System Bridges &
Other Structural Work
5.20 Update Approvals on PS&E Package if Project Schedule Delayed W C
5.21 Ensure Authorization of Funds for Construction C rn
5.22 Use Electronic Signatures C C
5.23 File Project Development Records/Documentation in ProjectWise C rwi
(PW)
Project Development Civil Rights and Labor Compliance Responsible
Party
LAWR No.Description of Task LA CDOT
3 6.1 Set Disadvantaged Business Enterprise (DBE)Goals for Consultant I I ~
and Construction Contracts (CDOT Region Civil Rights Office)
6.2 Determine Applicability of Davis-Bacon Act
This project ~is ~Jis 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.)
CDOT Resident Engineer Date
Bryce ~es 3127flW.ffi
Previous editions are obsolete and may not be used.CDOT Form 1243 8/24 Page 4 of 10
EXHIBIT A TO RESOLUTION 2025-063
Responsible
Party
LAWR No.Description of Task LA CDOT
6.3 Set On-the-Job Training Goals (CDOT Region Civil Rights Office)L.J ~
“NA”,if Not Applicable ____
6.4 Enforce Prompt Payment Requirements LXJ ~
6.5 Use Electronic Tracking and Submission Systems r—i c
B2Gnow LCPTracker
3 6.6 Prepare/submit Title VI Plan and Incorporate Title VI Assurances [A]C
6,7 Ensure the correct Federal Wage Decision,all required LXJ i:zi
Disadvantaged Business Enterprise/On-the-Job Training Special
provisions and FHWA Form 1273 are included in the Contract
(CDOT Resident Engineer)
Advertise,Bid and Award of Construction Projects Responsible
Party
Federal Project (use 7.1 series in Chapter 7)D
Non-Federal Project (Use 7.2 series in Chapter 7)~
LAWR No.Description of Task LA CDOT
6,7 Obtain Approval for Advertisement Period of Less Than Three [~J [_j
Weeks
7 Advertise for Bids C
7 Concurrence to Advertise C W
7 Distribute “Advertisement Set”of Plans and Specifications C
7 Review Worksite ft Plan Details w/Prospective Bidders While 11(1 I I
Project is Under Advertisement
7 Open Bids
7 Process Bids for Compliance
Check CDOT Form 1415 -Commitment Confirmation when the C I x I
Low bidder meets DBE goals.(“N/A”if Not Applicable)
Evaluate CDOT Form 1416 -Good Faith Effort Report and
determine if the Contractor has made a good faith effort when
the low bidder does not meet DBE goals-(“N/A”if Not Applicable)________
Submit required documentation for CDOT award concurrence LXI Li
Concurrence from CDOT to Award C I X I
Approve Rejection of Low Bidder I I I X I
7,8 Award Contract (Federal)LU U
8 Provide “Award”and “Record”Sets of Plans and Specifications LEJ ri
(Federal)
Previous editions are obsolete and may not be used.COOT Form 1243 8/24 Page 5 of 10
EXHIBIT A TO RESOLUTION 2025-063
Construction Management
LAWR No.Description of Task LA
8 Intro File Project Construction Records/Documentation in PW or as Directed LXJ
8 8.1 Issue Notice to Proceed to the Contractor
8 8.2 Project Safety
8 8.3 Conduct Conferences
•Preconstruction Conference (Appendix B)
Fabrication Inspection Notifications
•Pre-Survey
Construction Staking ____
Monumentation
•Partnering (Optional)
•Structural Concrete Pre-Pour (Agenda is in the CDOT
Construction Manual)
•Concrete Pavement Pre-Paving (Agenda is in the COOT ____
Construction Manual)
•HMA Pre-Paving (Agenda is in the COOT Construction Manual)
8 8.4 Develop and distribute Public Notice of Planned Construction to
media and local residents
9 8.5 Supervise Construction
A Professional Engineer (PE)registered in Colorado,who will be
“in responsible charge of construction supervision”
9 8.6
9 8.7
9 8.8
9 8.9
Local Agency Professional Engineer
or COOT Resident Engineer Phone Number
~Brycei~’es ~I
Provide competent,experienced staff who will ensure the
Contract work is constructed in accordance with the plans
and specifications
Construction inspection and documentation (including
Projects with structures)
Fabrication Inspection and Documentation
Review and Approve Shop Drawings
Perform Traffic Control Inspections
Perform Construction Surveying
Monument Right-of-Way
mU
mu_
mm
mu_
lxi [~_jmcmu_
Responsible
Party
CDOT
C
C
C
mu_mUmc
lxi cmcmc
mm
mc
mc
mc
LxJC
Previous editions are obsolete and may not be used.COOT Form 1243 8/24 Page 6 of 10
EXHIBIT A TO RESOLUTION 2025-063
Responsible
Party
LAWR No.Description of Task LA CDOT
9,9A 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates.I x I L.....J
Collect and review CDOT Form 1418 (or equivalent)or use
compliance software system.
Provide the name and phone number of the person authorized for
this task.
Local Agency Representative Phone Number
SpencsrlM.~ni1Ui ~97O-41I681~I4
9 8.11 Prepare and Approve Interim and Final Utility and Railroad Billings ~I I
9B 8.12 Prepare and Authorize Change Orders I X I I #I
9B 8.13 Submit Change Order Package to CDOT I X I I I
9A 8.14 Prepare Local Agency Reimbursement Requests LXJ I I
9 8.15 Monitor Project Financial Status LXJ L.AJ
9 8.16 Prepare and Submit Monthly Progress Reports W UI
9 8.17 Resolve Contractor Claims and Disputes C
8.18 Conduct Routine and Random Project Reviews C I x I
Provide the name and phone number of the person responsible
for this task.
CDOT Resident Engineer Phone Number
Bryce i~’es 97O-3~S~t21b
9 8.19 Ongoing Oversight of DBE Participation L.~J L..J
Materials Responsible
Party
LAWR No.Description of Task LA CDOT
9,9C 9.1 Discuss Materials at Pre-Construction Meeting rKl I I
•Buy America documentation required prior to Installation of Lii L....J
steel
•Buy America,Build America documentation required prior to ~I I
installation of materials
Previous editions are obsolete and may not be used.CDOT Form 1243 8/24 Page 7 of 10
EXHIBIT A TO RESOLUTION 2025-063
Responsible
Party
LAWR No.Description of Task LA CDOT
9,9C 9.2 Complete CDOT Form 250 MateriaLs Documentation Record
•Generate form,which includes determining the Minimum
number of required tests and applicable Material submittaLs
for all materials placed on the project
•Update the form as work progresses C
•Complete and distribute form after work is completed L~:1 i
9C 9.3 Perform Project Acceptance Samples and Tests ui I I
9C 9.4 Perform Laboratory Acceptance Tests LXI I I
9C 9.6 Accept Manufactured Products [Ti I I
Inspection of structural components:
•Fabrication of structural steel and pre-stressed concrete
structural components
•Bridge modular expansion devices (0”to 6”or greater)fil I I
•Fabrication of bearing devices L2SJ U
9C 9.6 Approve Sources of Materials EEl C
9C 9.7 Independent Assurance Testing (IAT)
Local Agency Procedures CDOT Procedures
•Generate IAT schedule L.....J L_i
•Schedule and provide notification C C
•Conduct IAT cii I I
9C 9.8 Approve mix designs
•Concrete
•HotMixAsphalt ~I X I
9C 9.9 Check Final Materials Documentation [Ti I I
9C 9.10 Complete and Distribute Final Materials Documentation L2J L......J
Construction Civil Rights and Labor Compliance Responsible
Party
LAWR No.Description of Task LA CDOT
9 10.1 Fulfill Project Bulletin Board and Pre-Construction Packet L.&J C
Requirements
Previous editions are obsolete and may not be used.CDOT Form 1243 8/24 Page 8 of 10
EXHIBIT A TO RESOLUTION 2025-063
Responsible
Party
LAWR No.Description of Task LA CDOT
8,9 10.2 Process CDOT Form 205 -Sublet Permit Application and CDOT I X I L....J
Form 1425 Supplier Application Approval Request.Review ft
sign completed forms,or review/approve in compliance software
system,as applicable,ft submit to Region Civil Rights Office.
9 10.3 Conduct Equal Employment Opportunity and Labor Compliance
Verification Employee Interviews.Complete CDOT Form 280
9 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure
Compliance with the “Commercially Useful Function”
Requirements.
9 10.5 Conduct Interviews when Project Utilizes On-the-Job Trainees.
•Complete CDOT Form 1337 -Contractor Commitment to Meet
OJT Requirements.
•Complete CDOT Form 838 OJT Trainee /Apprentice Record.51 0
•Complete CDOT Form 200 OJT Training Questionnaire.I X I I I
9 10.6 Check Certified Payrolls (Contact the Region Civil Rights Office I X I I I
for training requirements)
9 10.7 Submit FHWA Form 1391 Highway Construction Contractor’s I X I I I
Annual EEO Report ________
10.8 Contract Compliance and Project Site Reviews L.......J L.&J
Finals Responsible
Party
LAWR No.Description of Task LA CDOT
11.1 Conduct Final Project Inspection ft Final Inspection of I I I x I
Structures,if applicable
10 11.2 Write Final Project Acceptance Letter LXI Eli
10 11.3 Advertise for Final Settlement ~0
11 11.4 Prepare and Distribute Final As-Constructed Plans [1(1 I I
11 11.5 Prepare EEO Certification and Collect EEO Forms I X I I I
11 11 .6 Check Final Quantities,Plans,and Pay Estimate;Check Project [~J LII
Documentation;and submit Final Certifications
11 11 .7 Check Material Documentation and Accept Final Material FYi I I
Certification (See Chapter 9)________
11.8 ReviewCDOTForml4l9 I I Lii
11 .9 Submit CDOT Professional Services Closeout Report Form L2LJ LII
Previous editions are obsolete and may not be used.CDOT Form 1243 8/24 Page 9 of 10
EXHIBIT A TO RESOLUTION 2025-063
Responsible
Party
LAWR No.Description of Task LA CDOT
11.10 Complete and Submit CDOT Form 1212 LA Final Acceptance F-i ~
Report (by CDOT)____
11 11.11 Process Final Payment i X I rn
11.12 Close out Local Project LX I C
11.13 Complete and Submit CDOT Form 950-Project Closure I I ~
11 11.14 Retain Project Records I X I C
11 11.15 Retain Final Version of Local Agency Contract Administration I x I ~
Checklist
Cc:CDOT Resident Engineer/Project Manager CDOT Region Materials Engineer
CDOT Region Program Engineer CDOT Contracts and Market Analysis Branch
CDOT Region Civil Rights Office Local Agency Project Manager
Previous editions are obsolete and may not be used.CDOT Form 1243 8/24 Page 10 of 10
EXHIBIT A TO RESOLUTION 2025-063
EXHIBIT F
P11 Certification
STATE OF COLORADO
LOCAL AGENCY CERTIFICATION FOR ACCESS TO P11 THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to §24-74-105,C.R.S..I,________________,on behalf of
(legal name of Local Agency)(the “Local Agency”),
hereby certify under the penalty of perjury that the Local Agency has not and will not
use or disclose any Personal Identifying Information,as defined by §24-74-102(1),
C.R.S.,for the purpose of investigating for,participating in,cooperating with,or
assisting Federal Immigration Enforcement,including the enforcement of civil
immigration laws,and the Illegal Immigration and Immigrant Responsibility Act,
which is codified at 8 U.S.C.§~1325 and 1326,unless required to do so to comply
with Federal or State law,or to comply with a court-issued subpoena,warrant or
order.
I hereby represent and certify that I have full legal authority to execute this
certification on behalf of the Local Agency.
Signature:
Printed Name:
Title:
Date: