HomeMy WebLinkAbout2017-065-09/05/2017-AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE RESOLUTION 2017-065
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT TO
THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE
COLORADO DEPARTMENT OF TRANSPORTATION FOR THE HORSETOOTH
ROAD AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, in March 2017, the City Council adopted Resolution 2017-027, authorizing
an Intergovernmental Agreement with Colorado Department of Transportation ("CDOT") for
certain improvements to the Horsetooth Road and College Avenue Intersection Improvements
Project (the "Project") wherein the City received $3,368,000 in grants for the Project (the
"IGA"); and
WHEREAS, as condition of receiving the $3,368,000 in grants for the Project, the City
agreed in the IGA to provide matching funds in the amount of $603,361, which match was
previously approved as part of a $1,000,000 appropriation in the 2017-2018 City budget; and
\ WHEREAS, subsequent to entering into the IGA, an additional $32,000 in Surface
Transportation Program ("STP Metro") funding became available and was awarded to the
Project; and
WHEREAS, rather than execute an amendment to the IGA, the City and CDOT wish to .
execute a new IGA to add the additional grant funds of$32,000 and modify provisions that allow
for streamlined contract modifications using option letters (the "Mew IGA"); and
WHEREAS, after entering into the New IGA, and including all amounts previously
approved for the Project, the total amount of appropriated funds for the. Project will be
$4,400,000; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, the City Council has determined that the Project is in the best interests of the .
City and that the Mayor be authorized to execute the New IGA between the City and CDOT in
support thereof.
NOW, THEREFORE, BE IT RESOLVED BY- THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
-1-
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. The City Council hereby authorizes the Mayor to execute the New IGA
between the City and CDOT, substantially in the form attached hereto as Exhibit "A," together
with such modifications and additions as the City Manager, in consultation with the City
Attorney, determines necessary and appropriate to protect the interests of the City or further the
purposes of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of September, A.D. 2017.
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EXHIBIT A
OLA#:331001672(related to 331001589)
Routing#: I8-HA4-XC-00012(related to 17-1IA4-XC-00084)
i
State$LAWRK REGION: 4(dz)
PROJECT:STU M455-118(20615)
US 287& Horsetooth Intersection
CONTRACT
TH IS 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"or"CDOT" and CITY
OF FORT COLLINS hereinafter referred to as the"Contractor"or the"Local Agency."
RECITALS
1. Required approval,clearance and coordination have been accomplished from and with appropriate agencies.
2. Pursuant to 43-2-104.5 C.R.S. as amended,the State may contract with Local Agencies to provide maintenance
and construction of highways that are part of the State(or local agency)highway system.
3. Local Agency anticipates a project for the DESIGN AND CONSTRUCTION AT US 287 AND HORSETOOTH
ROAD and by the date of execution of this contract,the Local Agency and/or the State has completed and submitted
a preliminary version of CDOT form #463 describing the general nature of the Work. The Local Agency
understands that before the Work begins,the Local Agency must receive an official written"Notice to Proceed"
prior to commencing any part of the Work.The Local Agency further understands,before the Work begins,the
form#463 may be revised as a result of design changes made by CDOT,in coordination with the Local Agency, in
its internal review process. The Local Agency desires to perform the Work described in form 9463,as it may be
revised.
4. The Local Agency has requested that State funds be made available for project STU M455-118(20615) US 287&
Horsetooth Intersection referred to as the"Project"or the"Work." Such Work will be performed in the City of
FORT COLLINS,Colorado,specifically described in Exhibit A:
5. The State has funds available and desires to provide 82.79%and 90.00%of the funding for the Work.
6. The Local Agency desires to comply with all State and other applicable requirements,including the State's general .
administration of the Project through this contract, in order to obtain State funds for the Project.
7. The Local Agency has estimated the total cost of the Work and is prepared to accept the State funding for the
Work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency,which expressly authorizes the Local Agency to enter into this contract and
to complete the Work under the Project.
8. This contract is executed under the authority of§§ 29-I-203, 43-1-110; 43-1-116, 43-2-101(4) (c) and 43-2-144,
C.R.S.
9. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all
of the Work.
10. The Local Agency can more advantageously perform the Work.
11. The Local Agency and CDOT previously entered into an agreement (17-HA4-XC-00084)on April 21,2017 for
the project STU M455-118,but now desire to replace all terms of that agreement with this current agreement to
reflect current funding and terms applicable to the project.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Project or the Work under this contract shall consist of the DESIGN AND CONSTRUCTION AT US 287 AND
HORSETOOTH ROAD,in the City of FORT COLLINS,Colorado,as more specifically described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits,such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in Section 27 of this contract
2. This contract
3. Exhibit A(Scope of Work)
4. Exhibit B(Option Letter)
5. Exhibit C(Funding Provisions)
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Section 3. Term
This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is
later. The term of this contract shall continue through the completion and final acceptance of the Project by the State
and the Local Agency,or for five(5)years after the date of execution,whichever is sooner.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the Work and is prepared to accept the State funding for the
Work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency,which expressly authorizes the Local Agency to enter into this contract and
to complete the Work under the Project.
B. The parties hereto agree that this contract is contingent upon all funds designated for the Project herein being
made available from State sources,as applicable. Should these sources fail to provide necessary funds as agreed
upon herein;the contract may be-terminated by either party, provided that any party terminating its interest and
obligations herein shall not be relieved of any obligations which existed prior to the effective date of such
termination or which may occur as a result of such termination.
C. Funding will be detailed in Exhibit C(Funding Provisions).
Section 5. Project Payment Provisions
A. The State will reimburse the Local Agency for incurred costs relative to the Project following the State's review
and approval of such charges,subject to the terms and conditions of this contract. Provided however,that charges
incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged
by the Local Agency to the Project,and will not be reimbursed by the State.
B. The State will reimburse the Local Agency's reasonable,allocable,allowable costs of performance of the Work,
not exceeding the maximum total amount described in Section 5. The applicable principles described in 49 C.F.R.
18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this contract. The
Local Agency shall comply with all such principles. To be eligible for reimbursement,costs by the Local Agency
shall be:
I. In accordance with the provisions of Section 5 and with the terms and conditions of this contract;
2. Necessary for the accomplishment of the Work;
3. Reasonable in the amount for the goods and services provided;
4. Actual net cost to the Local Agency(i.e. the price paid minus any refunds, rebates,or other items of value
received by the Local Agency that have the effect of reducing the cost actually incurred);
5. Incurred for Work performed after the effective date of this contract;
6. Satisfactorily documented.
C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme)to assure that Project funds are expended and costs accounted for in a manner consistent with this contract
and Project objectives.
1. All allowable costs charged to the Project,including any approved services contributed by the Local Agency
or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers t .
evidencing in detail the nature of the charges.
2. Any check or order drawn up by the Local Agency,including any item which is or will be chargeable against
the Project account shall be drawn up only in accordance with a properly signed voucher then on file in the
office of the Local Agency,which will detail the purpose for which said check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified,
readily accessible,and to the extent feasible,kept separate and apart from all other such documents.
D- If the Local Agency is to be billed for CDOT incurred costs,the billing procedure shall be as follows:
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).
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2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days
after the date of each bill),the Local Agency shall pay interest to the State at a rate of one percent per month
on the amount of the payment which was not made in a timely manner, until the billing is paid in.full. The
interest shall accrue for the period from the required payment date to the date on which payment is made.
E. The Local Agency will prepare and submit to the State,no more than monthly,charges for costs incurred relative
to the Project. The Local Agency's invoices shall include a description of the amounts of services performed,the
dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared
in accordance with the State's standard policies,procedures and standardized billing format to be supplied by the
State.
F. To be eligible for payment, billings must be received within 60 days after the period for which payment is being
requested and final billings on this contract must be received by the State within 60 days-after the end of the
contract term.
I. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services. 'The liability of the State, at any time, for such
payments shall be limited to the amount remaining of such encumbered funds.
2. In the event this contract is terminated,final payment to the Local Agency may be withheld at the discretion
of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission,error, fraud or defalcation shall be recovered from
the Local Agency by deduction from subsequent payment under this contract or other contracts between the
State and Local Agency,or by the State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by
the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State's
election.
Section 6.Option Letter Modification
An option letter may be used to authorize the Local Agency to begin a phase without increasing total budgeted
funds, increase or decrease the encumberance amount as shown on Exhibit C,and/or tranfer funds from one phase
to another.Option letter modification is limited to the specific scenarios listed below. The option letter shall not be
deemed valid until signed by the State Controller or an authorized delegate.
A. Option to begin a phase and/or increase or decrease the encumbrance amount
The State may authorize the Local Agency to begin a phase that may include Design,Construction,
Environmental,Utilities,ROW Incidentals or Miscellaneous(this does not apply to
Acquisition/Relocation or Railroads)as detailed in Exhibit A and at the same terms and conditions stated
in the original contract,with the total budgeted funds as shown on Exhibit C remaining the same. The
State may increase or decrease the encumbrance amount for a particular phase by replacing the original
funding exhibit(Exhibit C)in the original contract with an updated Exhibit C-1 (subsequent exhibits to
Exhibit C-1 shall be labeled C-2,C-3,etc).The State may exercise this option by providing a fully
executed option to the Local Agency within thirty(30)days before the initial targeted start date of the
phase,in a form substantially equivalent to Exhibit B. If the State exercises this option,the contract will
be considered to include this option provision.
B. Option to transfer funds from one phase to another phase
The State may permit the Local Agency to transfer funds from one phase(Design,Construction,
Environmental,Utilities, ROW Incidentals or Miscellaneous)to another as a result of changes to State,
federal,and local match.The original funding exhibit(Exhibit C) in the original contract will be
replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labled C-2,C-3,etc.)
and attached to the option letter.The funds transferred from one phase to another are subject to the same
terms and conditions stated in the original contract with the total budgeted funds remaining the same.The
State may unilaterally exercise this option by providing a fully executed option to the Local Agency
within thirty(10)days before the initial targeted start date of the phase,in a form substantially equivalent
to Exhibit B.
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C. Option to do both Options A and B
The State may authorize the Local Agency to begin a phase as detailed in Exhibit A,and encumber and
transfer funds from one phase to another.The original funding exhibit(Exhibit C)in the original contract
will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2,
C-3,etc.)and attached to the option letter.The addition of a phase and encumbrance and transfer of funds
are subject to the same terns and conditions stated in the original contract with the total budgeted funds
remaining the same.The State may unilaterally exercise this option by providing a fully executed option
to the Local Agency within thirty(30)days before the initial targeted start date of the phase, in a form
substantially equivalent to Exhibit B.
Section 7. State and Local Agency Commitments
The Scope of Work in Exhibit A describes the Work to be performed and assigns responsibility of that Work to either
the Local Agency or the State. The"Responsible Party"referred to in this contract means the Responsible Party as
identified in the Scope of Work in Exhibit A.
A. Design [if applicable]
1. If the Work includes preliminary design or final design(the"Construction Plans"),or design work sheets,or
special provisions and estimates(collectively referred to as the"Plans"),the Responsible Party shall comply
with the following requirements,as applicable:
a. perform or provide the Plans,to the extent required by the nature of the Work.
b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the
American Association of State Highway Transportation Officials(AASHTO)manual or other standard,
such as the Uniform Building Code,as approved by CDOT.
c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals
and Standard Specifications for Road and Bridge Construction or Local Agency specifications if
approved by CDOT.
d. include details of any required detours in the Plans, in order to prevent any interference of the
construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents. -
g. be responsible for the Plans being accurate and complete.\
It. make no further changes in the Plans following the award of the construction contract except by
agreement in writing between the parties. The Plans shall be considered final when approved and
accepted by the parties hereto,and when final they shall be deemed incorporated herein.
2. If the Local Agency is the Responsible Party:
a. The Local Agency shall comply with the requirements of the Americans With Disabilities Act(ADA),
and applicable federal regulations and standards as contained in the document "ADA Accessibility
Requirements in CDOT Transportation'Projects".
b. It shall afford the State ample opporturiity to review the Plans and make any changes in the Plans that
are directed by the State to comply with State requirements.
c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction
administration. Provided,however,that if federal-aid funds are involved in the cost of such work to be
done by a consultant, that consultant contract (and the performance/provision of the Plans under the
contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures
implementing those requirements as provided by the State. If the Local Agency does enter into a contract
with a consultant for the Work:
(1) it shall submit a certification that procurement of any design consultant contract complied with the
requirements of 23 CFR 172.5(1)prior to entering into contract. The State shall either approve or
deny such procurement. If denied,the Local Agency may not enter into the contract.
(2) it shall ensure that all changes in the consultant contract have prior approval by the State. Such
changes in the contract shall be by written supplement agreement. As soon as the contract with the
consultant has been awarded by the Local Agency, one copy of the executed contract shall be
submitted to the State. Any amendments to such contract shall also be submitted.
(3) it shall require that all consultant billings under that contract shall comply with the State's
standardized billing format. Examples of the billing formats are available from the CDOT
Agreements Office.
(4) it(or its consultant),shalI use the CDOT procedures described in Exhibit A to administer that design
consultant subcontract,to comply with 23 CFR 172.5(b).
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(5) it may expedite any CDOT approval of its procurement process and/or consultant contract by
submitting a letter to CDOT from the certifying Local Agency's attorney/authorized representative
certifying compliance with 23 CFR 172.5(b).
. (6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i) and
contains the following language verbatim:
(a) "The design work under this contract shall be compatible with the requirements of the contract
between the Local Agency and the State(which is incorporated herein by this reference)for the
design/construction of the project. The State is an intended third party beneficiary of this
contract for that purpose." . •
(b) "Upon advertisement of the project work for construction,the consultant shall make available
services as requested by the State to assist the State in the evaluation of construction and the
resolution of construction problems that may arise during the construction of the project."
(c) "The consultant shall review the construction contractor's shop drawings for conformance with
the contract documents and compliance with the provisions of the State's publication,Standard
Specifications for Road and Bridge Construction, in connection with this work."
(d) The State,in its discretion,will review construction plans,special provisions and estimates and
will cause the Local Agency to make changes therein that the State determines are necessary to
assure compliance with State requirements.
B. Construction[if applicable]
I. If the Work includes construction, the Responsible Party shall perform the construction in accordance with
the approved design plans and/or administer the construction all in accord with the Scope of Work in Exhibit
A. Such administration shall include Project inspection and testing; approving sources of materials;
performing required plant and shop inspections;documentation of contract payments,testing and inspection
activities;preparing and approving pay estimates;preparing,approving and securing the funding for contract
modification orders and minor contract revisions;processing contractor claims;construction supervision;and
meeting the Quality Control requirements as described in the Scope of Work in Exhibit A.
2. The State shall have the authority to suspend the Work,wholly or in part,by giving written notice thereof to
the Local Agency,due to the failure of the Local Agency or its contractor to correct Project conditions which
are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather,or for
conditions considered unsuitable for the prosecution of the Work,or for any other condition or reason deemed
by the State to be in the public interest.
3. If the Local Agency is the Responsible Party:
a. it shall appoint a qualified professional engineer,licensed in the State of Colorado,as the Local Agency
Project Engineer (LAPE), to perform that administration. The LAPE shall administer the Project in
accordance with this contract, the requirements of the construction contract and applicable State
procedures.
b. if bids are to be let for the construction of the Project, it shall advertise the call for bids upon approval
by the State and award the construction contract(s)to the low responsible bidder(s) upon approval by
the State.
(1) The Local Agency has the option to,accept or reject the proposal of the apparent low bidder for work
on which competitive bids have been received. The Local Agency must declare the acceptance or
rejection within 3 working days after said bids are publicly opened.
(2) By indicating its concurrence in such award, the Local Agency, acting by or through its duly
authorized representatives, agrees to provide additional funds, subject to their availability and-
appropriation for that purpose, if required to complete the Work under this Project if no additional
federal-aid funds will be made available for the Project. This paragraph also applies to projects
advertised and awarded by the State.
c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force
account),rather than by a competitive bidding process,the Local Agency will ensure that all such force
account work is accomplished in accordance with the pertinent State specifications and requirements
with 23 CFR 635, Subpart B, Force Account Construction.
(1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between
the Local Agency and the 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.
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(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 contract.
Section 8. ROW Acquisition and Relocation
If the Project includes right of way, prior to this Project being advertised for bids,the Responsible Party will certify
in writing to the State that all right of way has been acquired in accordance with the applicable State and federal
regulations,or that no additional right of way is required.
Any acquisition/relocation activities must comply with: all applicable federal and State statutes and regulations,
including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as
amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal
and Federally Assisted Programs as amended(49 CFR Part 24);CDOT's Right of Way Manual;and CDOT's Policy
and Procedural Directives.
Allocation of Responsibilities are as follows:
• Federal participation in right of way acquisition(3111 charges),relocation(3109 charges)activities, if any,and
right of way incidentals(expenses incidental to acquisition/relocation of right of way—3114 charges);
• Federal participation in right of way acquisition(3 11 1 charges),relocation(3109 charges)but no participation in
incidental expenses(31 14 charges); or
• No federal participation in right of way acquisition(31 11 charges)and relocation activities(3109 expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the
State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual.The manual is located
at http://www.dot.state.co.us/ROW_Manual/.
If right of way is purchased for a State highway, including areas of influence of the State highway,the Local Agency
shall immediately convey title to such right of way to CDOT after the Local Agency obtains title.
Section 9. Utilities
If necessary,the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility
company,which may become involved in this Project. Prior to this Project being advertised for bids,the Responsible
Party will certify'in writing to the State that all such clearances have been obtained.
Section 10. Railroads
In the event the Project involves modification of a railroad company's facilities whereby the Work is to be
accomplished by railroad company forces,the Responsible Party shall make timely application to the Public Utilities
Commission requesting its order providing for the installation of the proposed improvements and not proceed with
that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad
company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning
federal-aid projects involving railroad facilities, including: I
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. I
Section 11. Environmental Obligations
The Local Agency shall perform all Work in accordance with the requirements of the current federal and State
environmental regulations including the National Environmental Policy Act of 1969(NEPA)as applicable.
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Section 12. Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and
expense during their useful life, in a manner satisfactory to the State. The Local Agency will make proper provisions
for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with
all applicable statutes, ordinances and regulations which define the Local.Agency's obligations to maintain such
improvements. The State will make periodic inspections of the Project to verify that such improvements are being
adequately maintained.
Section 13. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other written
materials,which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for
a period of three(3)years after the date of termination of this contract or final payment hereunder,whichever is later, -
or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall
make such materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State to inspect the Project and to inspect,review and audit the Project records.
Section 14. Termination Provisions
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State determines that the
purposes of the distribution of moneys under the contract would no longer be served by completion of the Project.
The State shall effect such termination by giving written notice of termination to the Local Agency and specifying
the effective date thereof,at least twenty(20)days before the effective date of such termination.
B. Termination for Cause. If,through any cause,the Local Agency shall fail to fulfill,in a timely and proper manner,
its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or
stipulations of this contract,the State shall thereupon have the right to terminate this contract for cause by giving
written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the
default or show cause why termination is otherwise not appropriate. In the event of termination,all finished or
unfinished documents,data,studies,surveys,-drawings,maps,models,photographs and reports or other material
prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the
Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered
and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this
contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold
payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default or that the
Local Agency's action/inaction was excusable,such termination shall be treated as a termination for convenience,
and the rights and obligations of the parties shall be the same as if the contract had been terminated for
convenience,as described herein.
C.Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid,
reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the
purposes of contracting for the Project provided for herein,and therefore,the Local Agency expressly understands
and agrees that all its rights,demands and claims to compensation arising under this contract are contingent upon
availability of such funds to the State. In the event that such funds or any part thereof are not available to the
State,the State may immediately terminate or amend this contract.
Section 15. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all
actions required by its procedures,by-laws,and/or applicable law to exercise that authority,and to lawfully authorize
its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s)executing
this contract on behalf of the Local Agency warrants that such person(s)has full authorization to execute this contract.
Section 16. Representatives and Notice
Each individual identified below is the principal representative of the designating party. All notices required to be
given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such party's
principal representative at the address set forth below. In addition to but not in lieu of a hard-copy notice,notice also
may be sent by e-mail to the e-mail addresses, if any, set forth below. Either party may from time to time designate
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Routing 4: I8-HA4-XC-00012(related to 17-HA4-XC-00084)
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 Agency
CDOT Region: 4 City of FORT COLLINS
Jake Schoch Tim Kemp
Project Manager Engineering Capital Projects
10601 W. I Oth St. 281 N.College Ave
Greeley,CO 80634 Fort Collins, CO 80524
970-350-2205 970-416-2719
Section 17. Successors
Except as herein otherwise provided,this contract shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
Section 18. Third Party Beneficiaries
f It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights
of action relating to such enforcement,shall be strictly reserved to the State and the Local Agency. Nothing contained
in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the Local Agency that any such person or entity,other than the State or the Local Agency
receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 19. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be
construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protection,or other
provisions of the Colorado Governmental Immunity Act, § 24-10-101,et seq., C.R.S., as now or hereafter amended.
The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence
of the.State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of§ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management
statutes, §§ 24-30-1501,et seq.,C.R.S.,as now or hereafter amended.
Section 20. Severability
To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished
within the intent of the contract,the terms of this contract are severable,and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof.
Section 21. Waiver
The waiver of any breach of a term,provision,or requirement of this contract shall not be construed or deemed as a
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 22. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 23. Survival of Contract Terms
Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions of this
contract and the exhibits and attachments hereto which may require continued performance, compliance or effect
beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 24. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of this
contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification
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of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is
properly executed and approved in accordance with applicable law.
Section 25. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract
which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation.
The decision of the Chief Engineer will be final and conclusive unless,within 30 calendar days after the date of receipt
of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal
addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of
its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director
or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as
final agency action. This dispute clause does not preclude consideration of questions of law in connection with
decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of
any administrative official,representative,or board on a question of law.
Section 26.Statewide Contract Management System
If the maximum amount payable to the Local Agency under this Contract is$100,000 or greater,either on the Effective
Date or at any time thereafter,this§Statewide Contract Management System applies.The Local Agency agrees to
be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and
§24-105-102 concerning the monitoring of vendor performance on State contracts and inclusion of contract
performance information in a statewide contract management system.
The Local Agency's performance shall be subject to evaluation and review in accordance with the terms and conditions
of this contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, policies and guidance. Evaluation
and review of the Local Agency's performance shall be part of the normal contract administration process and the
Local Agency's performance will be systematically recorded in the statewide Contract Management System.Areas of
evaluation and review shall include, but shall not be limited to quality,cost and timeliness.Collection of information
relevant to the performance of the Local Agency's obligations under this contract shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of the Local Agency's
obligations. Such performance information shall be entered into the statewide Contract Management System at
intervals established herein and a final evaluation,review and rating shall be rendered within 30 days of the end of the
contract term. The Local Agency shall be notified following each performance evaluation and review, and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance evaluation and review determine that the Local Agency demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel and Administration(Executive Director),upon request by the Department of Transportation,and showing
of good cause, may debar the Local Agency and prohibit the Local Agency from bidding on future contracts. The
Local Agency may contest the final Evaluation,Review and Rating by:(a)filing rebuttal statements,which may result
in either removal or correction of the evaluation(CRS§24-105-102(6)),or(b)under CRS§24-105-102(6),exercising
the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the
reversal of the debarment and reinstatement of the Local Agency, by the Executive Director, upon showing of good
cause.
Section 27. Special Provisions.
The Special Provisions apply to all contracts except where noted in italics.
1. 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.
2. 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.
3. 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.
4. INDEPENDENT CONTRACTOR. The Local Agency shall perform its duties hereunder as an independent
contractor and not as an employee.Neither the Local Agency nor any agent or employee of the Local Agency shall
be deemed to be an agent or employee of the State. The Local Agency and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or
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otherwise provide such coverage for the Local Agency or any of its.agents or employees. Unemployment insurance
benefits will be available to the Local Agency and its employees and agents only if such coverage is made available
by the Local Agency or a third party. The Local Agency shall pay when due all applicable employment taxes and
income taxes and local head taxes incurred pursuant to this contract. The Local Agency shall not have authorization,
express or implied,to bind the State to any agreement, liability or understanding,except as expressly set forth herein.
The Local Agency shall (a) provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely
responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW. The Local Agency shall strictly comply with all applicable federal and State
laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. 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.
7. 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.
8. 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.The Local Agency hereby certifies and warrants
that,during the term of this contract and any extensions,the Local Agency has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that the Local Agency is in
violation of this provision, the State may exercise any remedy available at law or in equity or under this contract,
including,without limitation,immediate termination of this contract and any remedy consistent with federal copyright
laws or applicable licensing restrictions.
9. 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.The Local Agency has no interest and shall not acquire
any interest,direct or indirect,that would conflict in any manner or degree with the performance of the Local Agency's
services and the Local Agency shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS§§24-30-202(1)and 24-30-202.4.lNot Applicable to intergovernmental agreements/
Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset
intercept system for debts owed to State agencies for: (a)unpaid child support debts or child support arrearages; (b)
unpaid balances oftax,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.
11. PUBLIC CONTRACTS FOR SERVICES. CRS§8-17.5-101. [Not Applicable to agreements relating to the
offer,issuance,or sale ofsecarities,investment advisory services orfund management services,sponsored projects,
intergovernmental agreements, or information technology services or products and services] The Local Agency
certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform
work tinder this contract and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work tinder this contract, through participation in the E-Verify Program
or the Department program established pursuant to CRS§8-17.5-102(5)(c), the Local Agency shall not knowingly
employ or contract with an illegal alien to perform work under this contract or enter into a contract with a
subcontractor that fails to certify to the Local Agency that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work tinder this contract. The Local Agency (a)shall not use E-Verb Program or
Department program procedures to undertake pre-employment screening ofjob applicants while this contract is being
performed, (b)shall notify the subcontractor and the contracting State agency within three days if the Local Agency
has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this
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 the Local Agency participates in the Department program, the Local Agency shall deliver to the contracting State
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agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that the
Local Agency has examined the legal work status ofsuch employee, and shall comply with all of the other requirements
of the Department program. If the Local Agency fails to comply with any requirement of this provision or CRS§8-
17.5-101 el seq., the contracting Stale agency, institution of higher education or political subdivision may terminate
this contract for breach and, if so terminated, the Local Agency shall be liable.for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. The Local Agency, if a natural
person eighteen (18)years of age or older, hereby swears and affirms under penalty of perjury that he or she(a) is a
citizen or otherwise lawfully present in the United States pursuant to federal law,(b)shall comply with the provisions
of CRS §24-76.5-101 et seq.,and(c)has produced one form of identification required by CRS §24-76.5-103 prior to
the effective date of this contract.
Section 27. Previous Agreement.
The Local Agency and CDOT agree that the terms of this agreement supersedes and controls over any previous
written agreements regarding project STU M455-118.
Revised 1-1-09
1
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Section 28. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the
Local Agency Is behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY STATE OF COLORADO
CITY OF FORT COLLINS John W. Hickenlooper
Department of Transportation
By:
Title: By
Joshua Laipply,P.E., Chief Engineer
(For)Shailen P. Blunt,Executive Director
`Signature
Date:
Date:
2nd Local Agency Signature if needed STATE OF COLORADO
LEGAL REVIEW
Cynthia H.Coffman,Attorney General
Name: -
(print name) By
Title: Signature-Assistant Attorney General
`(print title)
Date:
"Signature
Date:
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Agreements.This Agreement is not valid until
signed and dated below by the State Controller or delegate.The Local Agency is not authorized to begin performance
until such time.If the Local Agency begins performing prior thereto,the State of Colorado is not obligated to pay the
Local Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
By:
Colorado Department of Transportation
Date:
1
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EXHIBIT A—SCOPE OF WORK
US 287 and Horsetooth Intersection
20615
Scope of Work
The Colorado Department of Transportation (#CDOT#) will oversee the City of Fort Collins(#City#)when the
City designs and constructs the following: intersection improvements including dual left turns for northbound
and southbound traffic,traffic signal improvements and restriping at US 287 and Horsetooth Road (#work#).
CDOT and the City believe it will be beneficial to perform this work to improve safety and performance of the
intersection.This work will be located on US 287 (College Avenue) and Horsetooth Road.
This work will conform to all standards of AASHTO,Americans with Disabilities Act(ADA), MUTCD, and all
applicable state and federal regulations.The design phase will identify more exact requirements, qualities, and
attributes for this work(Herein after referred to as#the exact work#).The exact work shall be used to
construct designed improvements.The design phase will begin in 2017 and the construction phase is
anticipated to begin shortly thereafter.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit A—Page 1 of 1
EXHIBIT B -OPTION LETTER
SAMPLE IGA OPTION LETTER
(This option has been created by the Office of the State Controller for CDOT use only)
NOTE: This option is limited to the specific contract scenarios listed below
AND may be used in place of exercising a formal amendment.
Date: State Fiscal Year: Option Letter No. Option Letter CMS Routing #
Option Letter SAP#
Original Contract CMS# Original Contract SAP #
Vendor name:
SUBJECT:
Option to unilaterally authorize the Local Agency to begin a phase which may include Design,
Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to
Acquisition/Relocation or Railroads) and to update encumbrance amounts(a new Exhibit C must be
attached with the option letter and shall be labeled C-1, future changes for this option shall be
labeled as follows: C-2, C-3, C-4, etc.).
Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be
attached with the option letter and shall be labeled C-1, future changes for r this option shall be
labeled as follows: C-2, C-3, C-4, etc.).
Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and
shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.).
REQUIRED PROVISIONS:
Option A(Insert the following language for use with the Option A):
In accordance with the terms of the original Agreement (insert CMS routing#of the original
Agreement) between the State of Colorado, Department of Transportation and (insert the Local
Agency's name here), the State hereby exercises the option to authorize the Local Agency to begin a
phase that will include (describe which phase will be added and include all that apply-Design,
Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber previously
budgeted funds for the phase based upon changes in funding availability and authorization. The
encumbrance for (Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous)
is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces
Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for
this option for Exhibit C shall be tabled as follows: C-2, C-3, C-4, etc.).
Option B (Insert the following language for use with Option B):
In accordance with the terms of the original Agreement (insert CMS#of the original Agreement)
between the State of Colorado, Department of Transportation and (insert the Local Agency's name
here), the State hereby exercises the option to transfer funds from (describe phase from which funds
will be moved) to (describe phase to which funds will be moved) based on variance in actual phase
costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and
replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future
changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.; and no more than
24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be
made using a formal amendment)..
Exhibit B-Page 1 of 2
Option C (Insert the following language for use with Option C):
In accordance with the terms of the original Agreement (insert CMS routing#of original Agreement)
between the State of Colorado, Department of Transportation and (insert the Local Agency's name
here), the State hereby exercises the option to 1) release the Local Agency to begin a phase that will
include (describe which phase will be added and include all that apply—Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase
based upon changes in funding availability and authorization; and 3) to transfer funds from (describe
phase from which funds will be moved) to (describe phase to which funds will be moved) based on
variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the
original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when
using this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-
4, etc.; and no more than 24.99% of any phase may be moved using this option letter.- A transfer
greater than 24.99% must be made using a formal amendment).
(The following language must be included on ALL options):
The total encumbrance as a result of this option and all previous options and/or amendments is now
(insert total encumbrance amount), as referenced in Exhibit (C-1, C-2, etc., as appropriate). The total
budgeted funds to satisfy services/goods ordered under the Agreement remains the same: (indicate
total budgeted funds) as referenced in Exhibit (C-1, C-2, etc., as appropriate) of the original
Agreement.
The effective date of this option letter is upon approval of the State Controller or delegate.
APPROVALS:
State of Colorado:
John W. Hickenlooper, Governor
By: Date:
Executive Director, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not valid
until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If the Local Agency begins performing prior thereto,the State of Colorado
is not obligated to pay the Local Agency for such performance or for any goods and/or services
provided hereunder.
State Controller
Robert Jaros, CPA, MBA, JD
By:
Date:
Form Updated:December 19,2012
Exhibit B-Page 2 of 2
30. EXHIBIT C— FUNDING PROVISIONS STU M455-118 (20615)
A. Cost of Work Estimate
The Local Agency has estimated the total cost of the Work to be $4,010,013.00, which is to be
funded as follows:
1 BUDGETED FUNDS
a. State Funds
(82.79% of Participating Costs) $2,400,000.00
(90.00% of Participating Costs) $1,000,000.00
b. Local Agency Matching Funds
(17.21% of Participating Costs) $498,901.00
10.00% of Participating Costs $111,112.00
TOTAL BUDGETED FUNDS $4,010,013.00
2 ESTIMATED CDOT-INCURRED COSTS
a. Federal Share $0.00
(0% of Participating Costs)
b. Local Share $0.00
Local Agency Share of Participating Costs $0.00
Local Agency Share of Non-Participating Costs $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1 a) $0.00
b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00
c. State Funds Budgeted (1c) $3,400,000.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $3,400,000.00
FOR CDOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount $0.00
Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
Net to be encumbered as follows: $0.00
WBS Element 20615.10.301 Design 13020 1 $0.00
WBS Element 20615.20.101 Const 13301 1 $0.00
Exhibit C—Page 1 of 2
B. Matching Funds
The matching ratio for the state participating funds for this Work is 82.79% state funds (CFDA
#20.205) to 17.21% Local Agency funds and 90.00% state funds to 10.00% Local Agency
funds, it being understood that such ratio applies only to the $0.00 that is eligible for state
participation, it being further understood that all non-participating costs are borne by the Local
Agency at 100%. If the total participating cost of performance of the Work exceeds $0.00, and
additional state funds are made available for the Work, the Local Agency shall pay 17.21% of all
such costs eligible for state participation and 100% of all non-participating costs; if additional
state funds are not made available, the Local Agency shall pay all such excess costs. If the total
participating cost of performance of the Work is less than $0.00, then the amounts of Local
Agency and state funds will be decreased in accordance with the funding ratio described herein.
The performance of the Work shall be at no cost to the State.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be
$3,400,000.00 (for CDOT accounting purposes, the state funds of$3,400,000.00 and the Local
Agency matching funds of$610,013.00 will be encumbered for a total encumbrance of
$4,010,013.00), unless such amount is decreased as described in Sections B. and C. 1. of this
Exhibit C, or increased by an appropriate written modification to this Agreement executed before
any increased cost is incurred. It is understood and agreed by the parties hereto that the total
cost of the Work stated hereinbefore is the best estimate available, based on the design data as
approved at the time of execution of this Agreement, and that such cost is subject to revisions
(in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and
award.
The maximum amount payable shall be reduced without amendment when the actual amount of
the Local Agency's awarded contract is less than the budgeted total of the federal participating
funds and the local agency matching funds. The maximum amount payable shall be reduced
through the execution of an Option Letter as described in Section 7. A. of this contract.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving more than $750,000 from all funding
sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply
with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 C.F.R. 18.20
through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving
federal funds are as follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just
Highway funds) in its fiscal year then this requirement does not apply.
ii. Expenditure of$750,006 or more-Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway
funds(Catalog of Federal Domestic Assistance, CFDA 20.205)then a program specific audit shall be
performed. This audit will examine the"financial" procedures and processes for this program area.
iii. Expenditure of$750,000 or more-Multiple Funding Sources
If the Local Agency expends$750,000 or more in Federal funds, and the Federal funds are from
multiple sources (FTA, HUD, NIPS, etc.)then the Single Audit Act applies,which is an audit on the
entire organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff.An audit is an
allowable direct or indirect cost.
Exhibit C-Page 2 of 2