HomeMy WebLinkAbout2017-111-12/19/2017-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPART RESOLUTION 2017-111
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION
FOR THE MAINTENANCE OF TRAFFIC SIGNALS, SIGNS, AND MARKINGS
WITHIN THE FORT COLLINS GROWTH MANAGEMENT AREA
WHEREAS, Colorado Revised States Section 43-2-135(1)(i) requires the State of
Colorado to install, operate, maintain and control, at State expense, all traffic control devices on
the state highway system within cities and incorporated towns; and
WHEREAS, the State of Colorado, through the Colorado Department of Transportation
("CDOT") has historically contracted with the City to maintain traffic control devices within the
Fort Collins Growth Management Area("GMA"); and
WHEREAS,historically such Intergovernmental Agreements between the City and CDOT
for the City to perform maintenance work on traffic control devices within CDOT rights-of-way
(the "Services") have been for terms of five years and the current agreement expired on June 30,
2017; and
WHEREAS, the City has continued to perform the Services while awaiting an updated
Intergovernmental Agreement from CDOT; and
WHEREAS, CDOT is proposing an updated Intergovernmental Agreement for the
Services for CDOT's 2018 fiscal year, which would extend retroactively from July 1, 2017,
through June 30, 2018 (the "IGA"); and
i
WHEREAS, under the IGA, the City would be.reimbursed $235,920.00 for the Services
performed from July 1, 2017, through June 30, 2018; and
WHEREAS, CDOT and the City will continue to work on a long term Intergovernmental
Agreement for the Services,consistent with past practice,which agreement would be brought back
to City Council; and
WHEREAS, Article II, Section 16 of the City Charter 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; and .
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that governments
may cooperate or contract with one another to provide certain services or facilities when such
cooperation or contracts are authorized by each party thereto with the approval of its legislative
body or other authority having the power to so approve; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the City continue to perform the Services on CDOT rights-of-way within the Fort Collins GMA,
-1-
and that the Mayor be authorized to execute the IGA between the City and CDOT in support
thereof
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby ratifies and accepts the terms of the IGA
retroactively from July 1, 2017, to the time the IGA is signed and effective.
Section 3. That the Mayor is hereby authorized to enter into the IGA, in substantially
the form attached hereto as Exhibit A, together with such additional terms and conditions as the
City Manager, in consultation with the City Attorney, determines to be necessary and appropriate
to protect the interests of the City or to effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of December, A.D. 2017.
Mayor
ATTEST:
OF FOR1-.O
.••,...... •ti`GZ
city c SEAL
cO�ORA
r
-2-
PO#/OLA#:471001194
Routing#: 18-000-ZH-00066
I
(State$Traffic Mtce) Rev 10/03
CITY OF FORT COLLINS Region:4(WM)
CONTRACT
THIS AGREEMENT is entered into by and between CITY OF FORT COLLINS(hereinafter called the"Local
Agency" or "Contractor"), and the STATE OF COLORADO acting by and through the Department of
Transportation(hereinafter called the"State"or"CDOT").
RECITALS:
I. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund
Number 400, Function: 2300,GL Account: 4541000010,and Cost Center: R4540-010. (Contract Encumbrance
Amount: $235,920.00).
2. Required approval,clearance and coordination have been accomplished from and with appropriate agencies.
3. Section 43-2-102 and 103,C.R.S., require the State to maintain state highways(including where such highways
extend through a city or an incorporated town),and Section 43-2-135(I)(i),C.R.S.,as amended,requires the State
to install, operate, maintain and control, at State expense, all traffic control devices on the state highway system
within cities and incorporated towns.
4. The parties desire to enter this Agreement for the Local Agency to provide some or all of the certain Highway
maintenance services on state highways that are the responsibility of the State under applicable law, and for the
State to pay the Local Agency a reasonable negotiated fixed rate for such services.
5. The parties also intend that the Local Agency shall remain responsible to perform any services and duties on state
highways that are the responsibility of the Local Agency under applicable law, at its own cost.
6. The State and the Local Agency have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103,
43-2-104, and 43-2-144, C.R.S., as amended, and in applicable ordinance or resolution duly passed and adopted
by the Local Agency, to enter into Agreement with the Local Agency for the purpose of maintenance of traffic
control devices on the state highway system as hereinafter set forth.
7. The Local Agency has adequate facilities to perform the desired maintenance services on State highways within
its jurisdiction.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Local Agency shall perform all Maintenance Services for the specified locations located within the Local Agency's
jurisdiction and described in Exhibit A. Such services and highways are further detailed in Section 5.
Section 2. Order of Precedence
In the 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 22 of this Agreement
2. This Agreement
3. Exhibit A (Scope of Work)
Section 3. Term
This Agreement shall be effective upon the date signed/approved by the State Controller. The term of this Agreement
shall extend through June 30,2018.
Section 4. Project Funding and Payment Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work,
as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives
of the Local Agency, which expressly authorizes the Local Agency to enter into this Agreement and to complete
the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as
Exhibit B,if applicable.
PO#/OLA#:471001194
Routing#: 18-000-ZH-00066
B. Subject to the terms of this Agreement, for the satisfactory performance of the Maintenance Services on the
Highways, as described in Section 5, the State shall pay the Local Agency on a lump sum basis, payable in
monthly installments, upon receipt of the Local Agency's statements,as provided herein.
C. The State shall pay the Local Agency for the satisfactory operation and maintenance of traffic control devices
under this agreement at the rates described in Exhibit A.
D. The Local Agency will provide Maintenance Services as described in Exhibit A, for a total maximum amount
of$235,920.00 for FY 18.The negotiated rate per location shall remain fixed for the one year term of the contract.
The Local Agency will bill the State monthly and the State will pay such bills within forty-five(45)days.
E. The statements submitted by the Local Agency for which payment is requested shall contain an adequate
description of the type(s) and the quantity'(ies) of the Maintenance Services performed, the date(s) of that
performance, and on which specific sections of the Highways such services were performed, in accord with
standard Local Agency billing standards.
F. If the Local Agency fails to satisfactorily perform the Maintenance Services or if the statement submitted by the
Local Agency does not adequately document the payment requested,after notice thereof from the State,the State
may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that
segment or portion.
Section 5: State&Local Agency Commitments:
A. The-Local Agency shall perform the Maintenance Services for the certain State Highway System locations
described herein. Such services and locations are detailed in Exhibit A.
B. The Local Agency shall operate and maintain the specific traffic control devices, and at the particular locations,
all as listed on Exhibit A, in a manner that is consistent with current public safety standards on state highways
within its jurisdictional limits, and in conformance with applicable portions of the "Manual on Uniform Traffic
Control Devices" and the"Colorado Supplement" thereto, which are referred to collectively as the "Manual" and
which are incorporated herein by reference as terms and conditions of this Agreement. The Local Agency shall
provide all personnel, equipment, and other services necessary to satisfactorily perform such operation and
maintenance.
C. The Local Agency may propose, in writing, other potential specific traffic control devices to
be operated and maintained by the Local Agency during the term of this Agreement,based on the same rates that
had been initially agreed to by the Local Agency in Exhibit A. If the State determines in writing that operation
and maintenance of those other devices by the Local Agency is appropriate, and is desirable to the State, and if
the State agrees to add such devices to this Agreement,then the State shall formally amend the agreement to add
such devices to this contract.
D. The Local Agency shall perform all maintenance services for the term of this agreement. The Local Agency's
performance of such services shall comply with the same standards that are currently used by the State for the
State's performance of such services, for similar type highways with similar use, in that year, as determined by
the State. The State's Regional Transportation Director, or his representative, shall determine the then current
applicable maintenance standards for the maintenance services. Any standards/directions provided by the State's
representative to the Local Agency concerning the maintenance services shall be in writing. The Local Agency
shall contact the State Region office and obtain those standards before the Local Agency performs such services.
E. Performance Measures shall be accounted for within the duration of this contract. Performance Measures will be
associated with signal/electrical maintenance, pavement marking maintenance and sign maintenance.
Performance Measures shall be addressed once a year for all years of this Contract. Contractor shall develop an
inspection schedule that insures all items listed in Exhibit A are inspected yearly. The inspection schedule shall
be approved by CDOT project manager prior to initiating inspections. The Contractor shall submit performance
documentation to CDOT Project manager no later than the April loth of each calendar year covered by this
Contract. Performance records shall be kept by the Contractor for the term of one year and a copy sent to the
CDOT Project Manager listed in this Contract.
PO#/OLA#:471001194
Routing#: 15-000-ZH-00066
Section 6. Record Keeping `
The Local Agency shall maintain a complete file of all records, documents, communications, and other written
materials that 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 materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State and FHWA to inspect the project and to inspect,review and audit the project records.
Section 7. Termination Provisions t
This Agreement may be terminated as follows:
A. This Agreement may be terminated by either party,but only at the end of the State fiscal year(June 30),and only
upon written notice thereof sent by registered, prepaid mail and received by the non-terminating party, not later
than thirty(30)calendar days before the end of that fiscal year. In that event,the State shall be responsible to pay
the Local Agency only for that portion of the highway Maintenance Services actually and satisfactorily performed
up to the effective date of that termination,and the Local Agency shall be responsible to provide such services up
to that date,and the parties shall have no other obligations or liabilities resulting from that termination.
Notwithstanding subparagraph A above, this Agreement may also be terminated as follows:
B. 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 Agreement would no longer be served by completion of the
project. The State shall effect such termination by giving written notice of termination to the Local Agency and
specifying the effective date thereof,at least twenty(20)days before the effective date of such termination.
C. 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.
D. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid,
reimbursed, or otherwise compensated with Federal and/or State funds which are available to the State for the
purposes of contracting for the Project provided for herein,and therefore,the Local Agency expressly understands
and agrees that all its rights, demands and claims to compensation arising under this 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 8. 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.
PO#/OLA#:471001 194
Routing#: 18-000-ZH-00066
Section 9. Representatives and Notice ,
The State will provide liaison with the Local Agency through the State's Region Director,Region 4, 10601 West loth
Street Greeley CO 80634. Said Region Director will also be responsible for coordinating the State's activities under
this Agreement and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All
communications relating to the day-to-day activities for the work shall be exchanged between representatives of the
State's Transportation Region 4 and the Local Agency. All communication, notices, and correspondence shall be
addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute
representatives.
If to State If to the Local Agency
CDOT Region:4 CITY OF FORT COLLINS
Larry Haas Joseph P. Olson, P.E.
Project Manager City Traffic Engineer
10601 West loth Street PO BOX 580
Greeley,CO 80634 Fort Collins,CO 80522
970-350-2143 970-224-6062
larry.haas@state.co.us trafficoperation's@fcgov.com
Section 10. 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 11. 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 12. 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., C.R.S., as now or hereafter
amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of
negligence of the State of Colorado, its departments„ institutions, agencies, boards, officials and employees is
controlled and limited by the provisions of§ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk
management statutes, §§ 24-30-1501,et seq.,C.R.S.,as now or hereafter amended.
Section 13. 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.
Section 14. 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 15. 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 16. Survival of Contract Terms
i
PO#/OLA#:471001194
Routing#: 18-000-ZH-00066
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 17. Modification
Either party may suggest renegotiation of the terms of this Agreement, provided that the Agreement shall not be
subject to renegotiation more often than annually, and that neither party shall be required to renegotiate.If the parties
agree to change the provisions of this Agreement,the renegotiated terms shall not be effective until this Agreement is
amended/modified accordingly in writing. Provided, however, that the rates will be modified in accordance with
applicable cost accounting principles and standards(including sections 24-107-101,et seq.,C.R.S. and implementing
regulations), and be based on an increase/decrease in the "allowable costs" of performing the Work. Any such
proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment to this
Agreement that is properly executed and approved by the State Controller or delegee. Any such rate change will go
into effect on the first day of the first month following the amendment execution date.
Section 18. 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 thirty (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 19. Does not supersede other agreements
This Agreement is not intended to supersede or affect in any way any other agreement (if any) that is currently in
effect between the State and the Local Agency for other "maintenance services" on.State Highway rights-of-way
within the jurisdiction of the Local Agency. Also,the Local Agency shall also continue to perform,at its own expense,
all such activities/duties(if any)on such State Highway rights-of-ways that the Local Agency is required by applicable
law to perform.
Section 20. Subcontractors
The Local Agency may subcontract for any part of the performance required under this Agreement, subject to the
Local Agency first obtaining approval from the State for any particular subcontractor. The State understands that the
Local Agency may intend to perform some or all of the services required under this Agreement through a
subcontractor. The Local Agency agrees not to assign rights or delegate duties under this Agreement [or subcontract
any part of the performance required under the Agreement] without the express, written consent of the State, which
shall not be unreasonably withheld. Except as herein otherwise provided,this Agreement shall inure to the benefit of
and be binding only upon the parties hereto and their respective successors and assigns.
Section 21. Statewide Contract Management System
If the maximum amount payable to Local Agency under this Agreement is$100,000 or greater,either on the effective
date or at any time thereafter, this §Statewide Contract Management System applies.
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 Local Agency performance on state contracts`
and inclusion of contract performance information in a statewide contract management system.
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 Local Agency's performance shall be part of the normal contract administration process and Local
Agency's performance will be systematically recorded in the statewide contract Management System. Areas of
PO#/OLA#:471001194
Routing#: 18-000-ZH-00066
Evaluation and Review shall include,but shall not be limited to,quality,cost and timeliness.Collection of information
relevant to the performance of 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 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. 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 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 the Department of Transportation,and showing
of good cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. 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 Local Agency, by the Executive Director, upon showing of good cause.
Section 22. Special Provisions '
These Special Provisions apply to all contracts except where noted in italics.
A. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This Contract shall not be 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.
r
C. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, 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. Contractor shall perform its duties hereunder as an independent contractor
and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an,
agent or employee of the State. Contractor 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. Unemployment insurance benefits will be
available to Contractor and its employees and agents only if such coverage is made available by Contractor or a
third party.Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this contract.Contractor shall not have authorization,express or implied,to bind the State to
any agreement, liability or understanding, except as expressly set forth herein. Contractor 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.Contractor 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 contract. 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
contract, 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.
PO#/OLA#:471001194
Routing#: I8-000-ZH-00066
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.'State or other public funds
payable under this contract shall not be used for the acquisition,operation,or maintenance of computer software
in violation of federal copyright laws or applicable licensing restrictions.Contractor hereby certifies and warrants
that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in
violation of this provision, the State may exercise any remedy available at law or in equity or under this contract,
including, without limitation, immediate termination of this contract and any remedy consistent with federal
copyright laws or applicable licensing restrictions.
1. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF 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 contract. Contractor has no interest and shall not acquire
any interest,direct or indirect, that would conflict in any manner or degree with the performance of Contractor's
services and Contractor shall not employ any person having such known interests.
J. VENDOR OFFSET. 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 tinder 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]
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who
will perform work under this contract and will confirm the employment eligibility of all employees who are newly
hired for employment in the United States to perform work under this contract, through participation in the E-
Verify Program or the Department program established pursuant to CRS§8-/7.5-102(5)(c), Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract
with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract. Contractor(a)shall not use E-Verify Program
or Department program procedures to undertake pre-employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if
Contractor has actual knowledge that asubcontractor is employing or contracting with an illegal alien for work
under this contract, (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 Contractor participates in the Department program, Contractor shall deliver to the
contracting State agency,Institution of Higher Education or political subdivision a written,notarized affirmation,
affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the
other requirements of the Department program. If Contractor fails to comply with any requirement of this
provision or CRS§8-17.5-101 et seq., the contracting State agency, institution of higher education or political
subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, 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 contract.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
PO#/OLA#:471001194
Routing#: 18-000-ZH-00066
Section 23. 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
CITY OF FORT COLLINS
STATE OF COLORADO
Name:" (print name) John W. Hickenlooper
Department of Transportation
Title: By
(print title) Joshua Laipply,P.E.,Chief Engineer
(For)Shailen P. Bhatt,Executive Director
*Signature
Date:
Date:
2nd Local Agency Signature if needed
STATE OF COLORADO
Name: LEGAL REVIEW
(print name) Cynthia H.Coffman,Attorney General
Title: B
(print title) y
Signature—Assistant Attorney General
*Signature
Date:
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:
PO#/OLA#:471001194
Routing#: 18-000-ZH-00066
Exhibit A
Scope of Work
State Highway Traffic Signal Listing
• The City shall maintain the traffic signals and associated stop bars and crosswalks at the locations listed below.
• Any reconstruction, modification,or improvement initiated by the City or performed as a result of a City project
shall be included in the maintenance provided by the City.
• Any reconstruction,modification,or improvement initiated by the State or performed as a result of a State project
shall be paid for separately by the State.
• The City shall perform inspections of all approaches at each location and submit documentation to CDOT by.
April 10"for each year of this contract. Inspection shall include, but not be limited to:
o Each signal lens is operating and visible
o Signal Timing is operating as programmed
o Controller and Cabinet are clean and in good repair
o Communication to signal is connected and operating
o Backup power is tested for proper operation
o Vehicle detection is operating properly
o All luminaries attached to the signal are operating
• Any defects found at these intersections shall be remedied immediately. Defects and remediation shall be
documented and kept on file at the City and copied to CDOT. Any defects not remedied within one month of
discovery shall incur a price reduction to the monthly compensation of$300.00 per defective signal until all
defects of the signal are remedied.
• Yearly signal inspections shall include: the cursory visual inspection of signal caissons, bolts, bolt tightening,
steel, welds, and attachment hardware and signal conflict monitor testing. Any deficiencies found in bolt
tightening and attachment hardware shall be corrected immediately. Any deficiencies in the structure shall be
documented and brought to the attention of the project manager.
1. US 287 (College)at Broadwalk
2. US 287 (College)at Bockman
3. US 287 (College)at Cherry
4. US 287(College)at Columbia
5. US 287(College)at Conifer/Hickory
6. US 287 (College)at County Road 32
7. US 287 (College)at Drake
8. US 287 (College)at Elizabeth
9. US 287 (College)at Foothills Parkway
10. US 287(College)at Fossil Creek
11. US 287 (College)at Harmony
12. US 287(College)at Harvard
13. US 287 (College)at Horsetooth
14. US 287 (College)at Kensington
15. US 287 (College)at Laporte
16. US 287 (College)at Laurel
17. US 287 (College)at Magnolia
18. US 287(College)at Maple/Jefferson
19. US 287(College)at Monroe
20. US 287 (College)at Mountain
21. US 287 (College)at Mulberry
22. US 287 (College)at Oak
23. US 287(College)at Olive
24. US 287 (College)at Pitkin
Exhibit A
PO#/OLA#:471001194
Routing#: 18-000-ZH-00066
25. US 287(College)at Prospect
26. US 287(College)at Rutgers
27. US 287 (College)at Skyway
28. US 287 (College)at Spring Park
29. US 287 (College)at State Highway 1
30. US 287 (College)at Stuart
31. US 287 (College)at Swallow
32. US 287 (College)at Trilby
33. US 287 (College)at Troutman
34. US 287 (College)at Vine
35. US 287 (College)at Willox
36. State Highway 14(Mulberry)at Greenfields Court,
37. State Highway 14(Jefferson) at Linden
38. State Highway 14(Mulberry)at Lemay
39. State Highway 14(Mulberry)at Link Lane
40. State Highway 14(Riverside)at Lincoln/Mountain
41. State Highway 14(Mulberry)at Riverside
42. US 287 at Shields
43. State Highway 14(Mulberry)at Summit View
44. State Highway 14(Mulberry)at Timberline
45. US 287 at US.287 Bypass
46. SH 1 at Country Club Road
47. SH 392(Carpenter) &Lemay
48. SH 392(Carpenter) &Timberline
The monthly compensation provided to the City of Fort Collins for services described above shall be$325.00 per signal per
month.
Exhibit A
PO#/OLA#:471001194
Routing#: 18-000-ZH-00066
State Highway Signs and Markings
• The City shall maintain signs and markings at the locations listed below.
• The City shall maintain all roadway markings.
• The City shall maintain all regulatory and warning signs that can be mounted on perforated steel posts, all "Safe Hit"
type delineator posts, and all guide signs installed and owned by the City.
• The State shall maintain all regulatory and warning signs too large to be mounted on perforated steel posts, all guide
signs not installed and owned by the City,and all other signs not maintained by the city.
• Intersection right-of-way control signs at City roadways intersecting State highways shall be maintained by the agency
maintaining the intersected State highway.
• Intersection right-of-way control signs at State highway exit ramps intersecting City roadways shall be maintained by the
City.
• Either agency making changes to signs or markings at the locations listed below shall provide notification of the changes to
the other agency. Notification of changes to regulatory signing shall be made in writing.
• The City shall perform a minimum of 100 randomly picked pavement marking inspections and 100 randomly picked sign
inspections and submit documentation to CDOT by April loth. Pavement marking inspection shall include,but not limited to:
o Retroreflectometer readings
o Physical appearance
o Percent of marking in place —
• Pavement markings shall adhere to the following table for White and yellow markings. Any retroreflectometer readings
below a Rating of 3 shall be replaced prior to October 30th.
Rating Retro-reflectivity
4 >200
3 150-199
2 100-149
1 50-99
0 49 or less
• Sign Inspections shall include,but not limited to:
o Retroreflective readings
o Physical condition of the sign
o Condition of post(damaged, plumb)
o Fastening hardware checked for tightness
• Reflectometer readings shall be in compliance with the Federal Register.
Exhibit A
PO#/OLA#:471001194
Routing#: 18-OOO-ZH-00066
MINIMUM MAINTAINED FIETROREFLECTIVITY LEVELS
Sign color Criteria Sheotirig type(ASTM D4956-ol a)
I II III I Vil I Vill I tX
Whiteon Red ................................... ............................. See Note i ......................... 36117
Blackon Orange or Yellow ............................................. See Note 2........................ 50
See Note a......................... 75
Blackon White ............................................................... ............................................ 50
White on Green ............................................................... Overhead ........................... 1 -1,71 '11151 172ST 25025
Shoulder............................. '177 120,715
Notes:
Levels in cells represent legend retromflectivily fl beftround retroreflectivity(for positive contrast signs).Units are od/IxW measured at an ob-
3emdcn angle of 0.2-and an entrance angle of-A01.
1 Minimum Contrast Ratio?3:1(%ttita retroreflectivity-red retroreflectivity).
2 For text signs measuring 48 incthes or more and all IoDld symbol signs.
3 For text signs measuring less dun 48 inches and all fire symbol signs.
Sheeting Moe should not be used.
MINIMUM MAINTAINED FlErROREFLECTIVITY LEVELS--Continued
Bold Symbol Signs.................................... , Wl-I-Tum.
- Wl'�Curve.
* W1-43-ReverseTurn.
9 Wi A ReverseCurve,
- WI-6-Winding Road.
- WI-6--Large Single Armov.
# W1-7-La rge Double Arrow.
* W1 a Chevron.
* Wri-q-Turn&Advisory Speed.
9 Wi-1D-HotizontalAlignmentl1i Intaniection.
- W2-1-Cross Road.
- W2-21,W2-3-Sicla Road.
# W:2- T Intersection.
- W24-Y Intersection.
* W2-6--Circalsr Intersection.
- W3-1a-StopAhead.
Ahead.
* W3-cv-Signal Ahead.
- W4-,%-Added Late.
- W6-1-Divided Highrovey Begins.
- W8,—Divided Highrvay Ends.
* Wa-a---TwvWayr Treffic.
- Wio-1,z,-a, A Higlyivay-Railroad Intersection Advance Warning.
- W1 1 —Pedestrian Grossing.
- W11-3--DeerCrcGEing.
# Wi 1-4--Cattle Crowing.
* W1 1 5 Farm Equipment.
- Wi i-6p,-6p,-7p-Pointing Arrow Plaques.
* Wi i-a-Fire Station.
- Wi 1-1 o-Truck Crossing.
* W12-1-Double Arnow.
Fine Symbol Signs .................................... All symbol signs not listed in the bold category are considered fine symbol signs.
Special Case Signs (for requirements in * W3-Ia-Stop Ahead.
addition to yellow color addressed in - Red retroreflectivity z 7.
above table). - W3-2a-Yield Ahead
- Red relroreflectivity-a 7,White fetroreffectivity 2 35.
- W3-0--Eignal Ahead.
- Red retroreflectivity!7,Green retroreflectivity a 7.
* W14-3--No Passing Zone, W4-4p-Cross Traffic Does Not Stop, or W13,0,-3,
-1. Ramp&Curve Speed Advisory Plaques.
- Use largest sign dimension to find proper category in above table.
Exhibit A
PO#/OLA#:471001194
Routing#: I8-000-ZH-00066
• Any signs not meeting the requirements listed above shall be listed as defective and shall be replaced within one
month of discovery with associated documentation to CDOT. Any defective signs not remedied shall incur a
price reduction to the next month's compensation.
o Class I Signs-$100.00 per sign deduction
o Class II Signs-$200.00 per sign deduction
o Class III Signs-$500.00 per sign deduction
State Street Name From To Length
Hwymiles
US 287 College Grape St. Carpenter Road 9.2
SH 14 Jefferson/Riverside US 287 (College) Mulberry Street 2.4
Total Miles 11.6
The monthly compensation provided to the City of Fort Collins for services described above shall be$350.00 per mile per
month for signs and markings.
Exhibit A
PO#/OLA#:471001194
Routing#: 18-000-ZH-00066
Exhibit B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
(Please see following page)
r -
Exhibit B
PO#/OLA#:471001194
Routing#: 18-000-ZH-00066
EXHIBIT C
Traffic Control Device Rate Schedule
11.6 Miles of signs and markings at$350.00 per mile=$4,060.00 x 12mos. $ 48,720.00
48 Signals at$325/month/year $ 187,200.00
Total Maximum Annual Cost $ 235,92U0
Maximum monthly billing($235,920.00/12) $ 19,660.00
r
r
Exhibit C