HomeMy WebLinkAbout2019-001-01/02/2019-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPART RESOLUTION 2019-001
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 ROADWAY MARKINGS
WITHIN THE FORT COLLINS GROWTH MANAGEMENT AREA
WHEREAS, Section 43-2-135(1)(i) of the Colorado Revised Statutes requires the State of
Colorado ("State") to install, operate, maintain and control, at State expense, all traffic control
devices on the State's highway system within cities and incorporated towns; and
WHEREAS,the State,through the Colorado Department of Transportation("CDOT"),has
historically contracted with the City to maintain traffic control devices within the City and 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 with CDOT rights-of-way
have been for terms of five years and the previous agreement expired on June 30, 2017g and
WHEREAS, the City and CDOT approved a short-tern agreement that covered the time
period from July 1, 2017 through June 30, 2018 while CDOT processed an updated long-term
agreement; and
WEREAS,CDOT is proposing an updated long-term Intergovernmental Agreement which
is attached as Exhibit "A" and incorporated by reference (the "IGA"), which provides for
continued traffic control device maintenance by the City, with updated reimbursement rates and
amounts; and
WHEREAS, the IGA is for a term of five years beginning retroactively from July 1, 2018
through June 30, 2023 and sets a cumulative five-year maximum reimbursement at $ 1,179,6Q0
and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the City continue to maintain traffic control devices on CDOT rights-of-way within the Fort
Collins GMA, and that the Mayor be authorized to execute the IGA between the City and CDOT
in support thereof.
NOW,THEREFORE,BE IT ORDAINED 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, 2018 to the time the IGA is signed and effective.
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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 2nd
day of January, A.D. 2019.
Mayor
ATTEST:
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EXHIBIT A
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(State$TrafficMtce) Rev 10/03
CITY OF FORT COLLINS Region:4(rbs)
CONTRACT
THIS AGREEMENT is entered into by and between the CITY OF FORT COLLINS (hereinafter called the
"Local Agency"),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
Number460,Function: 2360,GL Account: 4541000010, and Cost Center: R4530-010. (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(1)(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 contract for theLocal 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 if applicable, in an ordinance or resolution duly passed and
adopted by the Local Agency, to enter into contract 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 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 22 of this contract
2. This contract
3. Exhibit A(Scope of Work)
4. Exhibit C(Option Letter)
5. Exhibit D(Encumbrance Letter).
Section 3.Term
This contract shall be effective upon the date signed/approved by the State Controller,or designee,or on July 1,2018,
whichever is later.The term of this contract shall be for a term of FIVE(5)years.Provided;however,that the State's
financial obligation for each subsequent,consecutive fiscal year of that term after the first fiscal year shall be subject
to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise made available
therefor.
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 contract and
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to complete the work under the project. A copy of any such ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
B. Subject to the terms of this contract, 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, fora total maximum amount
of$235,920.00 per State fiscal year, and a maximum contract total shall not exceed the cumulative five-
year total of VJ 79,600.00.The negotiated rate per location shall remain fixed for the full five-year term of the
contract, unless this rate is renegotiated in accord with the procedure set forth herein in Section 17. The total
payments to the Local Agency during the term ofthis contract shall not exceed that rnaxitnum amount,unless this
contract is amended. The Local Agency will bill the State monthly and the State will pay such bills within 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 seryicesor 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 Parties shallhave the option to add or delete, at any time during the term of this agreement and subject to
§17 of this agreement,one or more specific traffic control devices to the list shown in Exhibit A and therefore
amend the maintenance services to be performed by the Local Agency under thisagreement.The State may amend
Exhibit A by written notice to the.Local Agency using an Option Letter substantially equivalent to Exhibit C.
D. 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,by written Option Letter issued to the
Local Agency in a form substantially equivalent to Exhibit C,add such devices to this contract.
E. The Local Agency shall perform all maintenance services on an annual basis. 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.
Performance Measures shall be accounted for within the duration of this contract. Perfiirmance-Measures will be
associated with signal/electrical maintenance, pavement marking maintenance and sign maintenance.
Performance Measures shall be addressed once a year. The Local Agency shall develop an inspection schedule
that ensures all items listed in Exhibit A are inspected yearly. The inspection schedule shall be approved by
CDOT the Project Manager listed in this contract prior to initiating inspections. The Local Agency shall.submit
performance documentation to the CDOT Project Manager no later than April 101"of each calendar year covered
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by this contract. Performance records shall be kept by the Local Agency for the term and a copy sent to the CDOT
Project Manager.
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 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 and, if applicable, FHWA to inspect the project and to inspect, review and audit the project
records.
Section 7.Termination Provisions -
This contract may be terminated as follows:
A. This contract may be terminated by either party,but only at the end of the State fiscal year(June 30),and only
upon written noticethereof sent by registered,prepaid mail and received by the non-terminating party, not later
than.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 contract may also be terminated as follows:
B. 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.
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 contract, or if the Local Agency shall violate any ofthe 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 receivejust and equitable compensation for any services and supplies delivered
and accepted.The Local Agency shall he 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.
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 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 8.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 bindthe 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.
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Section 9..Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director,.Region 4, 10601 West I Oth
Street.Said Region Director will also be responsible:for coordinating the State's activities under this contract and will
also issue "Notice to Proceed"to the:Local Agency for commencement of the work.All communications relating to
the day-to-day activities for the work shalIbe 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 Traffic Engineer
10601 West loth Street PO Box 580
Greeley,CO 80634 Fort Collins,CO 80522-0580
970-350-2143 970-221-6770
Section 10.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 11.Third Party Beneficiaries
It is expressly understood and agreed that the:enforcement of the terms and conditions of this contract and all rights
of action relating to such enforcement,shall be strictly reserved to the State and the Local Agency.Nothing contained
in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the LocalAgency 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 12.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 13.Severa¢ility
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 14.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 15. 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 by the parties and approved pursuant to the State Fiscal
Rules.
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Section 16.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 17.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 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.
A. Amendment
Either party may suggest renegotiation of the terms of this contract,provided that the contract 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 contract,the renegotiated terms shall not be effective until this contract 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 contract that is properly executed and approved by the State Controller ordelegee. Any such rate change
will go into effect on the first day of the first month following the:amendment execution date.
B. Option Letter
a. The State may increase/decrease the quantity of goods/services described in Exhibit A at the same unit prices
(rates)originally established in the contract.The State may exercise the option by written notice to the Local
Agency in a form substantially equivalent to Exhibit C.
b. As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease the
maximum amount payable under this contract based upon the unit prices(rates)originally established in the
contract and the schedule of services required,as set by the terms of this contract.The State may exercise the
option by providing a fully executed option to the Local Agency,in a form substantially equivalent to Exhibit
C, immediately upon signature of the'State Controller or an authorized delegate. The Option Letter shall not
be deemed valid until signed by the State Controller or an authorized delegate.Any such rate change will go -
into effect on the.first day of the first month following the option letter execution date.
C. State Encumbrance Letter
The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateral
execution ofan encumbrance letter in a form substantially equivalent to Exhibit D.The State shall provide a fully
executed encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/services
shall continue at the same rate and under the same terms as established in the contract.
Section 18.Disputes
Except as otherwise provided in this contract, any dispute concerning aquestion 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 thedecision of
any administrative official,representative,or board on a question of law.
Section 19. Does not supersede other,agreements
This contract 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
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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.SubLocal Ager cys
The Local Agency may subcontract for any part of the performance required under this contract,subject to the Local
Agency first obtaining approval from the State for any particular subLocal Agency. The.State understands that the
Local Agency may intend to perform some or all of the services required under this contract through a subLocal
Agency. The Local Agency agrees not to assign rights or delegate duties under this contract[or subcontract any part
of the performance required under the contract] 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 2L;Statewide Contract Management System
If the maximum amount payable to Local Agency under this contract is $100,000or greater,either on the Effective
Date or at time thereafter,this§21..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 contract, State law, including CRS §24.163.5-101,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 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 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 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.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.
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 LOCAL AGENCY. The Local Agency shall perform its duties hereunder as an independent
the Local Agency and not as an employee. Neither the Local Agency nor any agent or employee of the Local
Agency shall be deemed to be an agent or employee of the State.the Local Agency and its employees and agents
are not entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for the Local Agency or any of its agents or employees.
Unemployment insurance benefits will be available to the Local Agency and its employees and agents only if
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such coverage is made available by the Local Agency or 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.
E. COMPLIANCE WITH LAW. The Local Agency shall strictly comply with all applicable federal and State
laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by
reference which conflicts with said laws,rules,and regulations shall be null andvoid.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
extrajudicial body or person. Any provision to the contrary in this contact or incorporated herein by reference
shall be null and void.
H. SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00. State or other public funds
payable under this 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.
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.The Local Agency has no interest and shall not
acquire any interest, direct or indirect,that would conflict in any manner or degree with the:performance of the
Local Agency's services and the Local Agency shall not employ any person having such known interests. .
J. VENDOR OFFSET. CRS §§24-30-201 (1) and 24-30-202.4. [Not Applicable to intergovernmental
dgreements]Subject to CRS§24-30-202.4 (3.5), the State Controller may wuhholdpayment under the State's
vendor offset intercept system for debts owed to State agencies for:(a)unpaid child support debts or child support
arrearages; N unpaid balances of tax, accrued interest, or other charges specified in CRS§39-21-161, erseq.r
(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.-5401. [Not Applicable to agreements relating to the
offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored
projects, intergovernmental agreements, or Information technology services or products and�services] The
Local Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien
who 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 &Verb Program or the Department program established pursuant to CRS§8-17.5-101(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 subthe Local Agency that fails to certify to the Local Agency that the subthe Local Agency
shall not knowingly employ or contract with an illegal alien to Perform work under this contract, the Local Agency
(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, (h) shall notify the subthe Local Agency and the
contracting State agency within three..days if the Local Agency has actual knowledge that a subthe Local Agency
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is employing or contracting with an illegal alien for work under this contract, (c)shall terminate the subcontract
if a subthe Local Agency 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§8-175-102(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 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 al/ofihe other requirements
of the Department program. If the Local Agency jails to comply with any requirement of this provision or CRS
§8-175-101 et seq., the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, ifso terminated, the Local Agency shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101.the Local Agency,if a natural person
eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(a)is a citizen
or otherwise lawfully present in the United States pursuant to federal law,(b)shall comply with the provisions of CRS
§24-76.5-101 et seq., and (e) has produced one form of identification required by CRS §24-76.5-103 prior to the
effective date of this contract..
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Section 23.SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
•Persons signing for the.Local Agency hereby swear and aftirm.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
John W.Hiek_enlooper
Name: (print name) Department of Transportation
Title: By
(print tide) Joshua Laipply,P.E;,Chief Engineer
(For)Michael P.Lewis,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 topay th"e.Local
Agency for such performance or for any goods and/or services provided.hereunder..
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
By:
Colorado Department of Transportation
Date:
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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 MOT by April 1 Oth 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 Back up 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 $325.00 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 Boardwalk
2. US 287 (College) at Backman
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 Fairway
10. US 287 (College) at Foothills Parkway .
Page 1 of 5 Exhibit - A
11. US 287 (College) at Fossil Creek
12. US 287 (College) at Harmony
13. US 287 (College) at Harvard
14. US 287 (College) at Horsetooth
15. US 287 (College) at Kensington
16. US 287 (College) at Laporte
17. US 287 (College) at Laurel
18. US 287 (College) at Magnolia
19. US 287(College) at Maple/Jefferson
20. US 287 (College) at Monroe
21. US 287 (College) at Mountain
22. US 287 (College) at Mulberry
23. US 287 (College) at Oak
24. US 287 (College) at Olive
25. US 287 (College) atPitkin
26. US 287 (College) at Prospect
27. US 287 (College) at.Rutgers
28. US 287 (College) at'Skyway
29. US 287 (College) at Spring Park
30. US 287 (College) at State Highway 1
31 US 287 (College) at Stuart
32. US 287 (College) at.Swallow
33. US 287 (College) at Trilby
34, US 287 (College) at Troutman
35. US 287 (Col(ege) at Vine
36. US 287 (College) at Willox
37. State Highway 14 (Mulberry) at Greenfields Court
38. State Highway 14 (Jefferson) at Linden
39. State Highway 14 (Mulberry) at Lemay
40. State Highway 14 (Mulberry) at Link Lane
41. State Highway 14 (Riverside) at Lincoln/Mountain
42. State Highway 14 (Mulberry) at Riverside
43. US 287 at Shields
44. State.Highway 14 (Mulberry) at Summit View
45. State Highway 14 (Mulberry) at Timberline
46. SH 1 at Country Club Road
47. SH 392.(Carpenter) & Lemay
48. SH 39.2 (Carpenter) &Timberline
The monthly compensation provided to the City of Fort Collins for services described above
shall be $325.00 per signal per month.
Rate:. $325.00 per month/per signal x 48 = $15,600.00 x 12 months = $187,200.00 per
year.
Page 2 of 5 Exhibit - A
State Highway Signs and Markinqs
• 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 16th.
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:
0 Retroreflective readings
0 Physical condition of the sign
0 Condition of post (damaged, plumb)
0 Fastening hardware checked for tightness
Page 3 of 5 Exhibit -A
• Reflectometer readings shall be in compliance with the Federal Register.
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MINIMUM MAINTAINED RETROBERBM7VIT1'LEVELS--CooBmtod
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Bpedd Case 8gra Wor renpWrand aneanro w ':W34a--Smp Ahead
eddtim u ydm cdan aftrand in • Red maprepedrhy a 7.
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.UaehvMzyp dmanaim rofind proper amply in above mMe.
Page 4 of 5 Exhibit - A
• 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
Highway jMyesj
US 287 College Grape St. Carpenter 9.2
Road
SH 14 Jefferson/ US287 Mulberry 2.4
Riverside (College) Street
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.
Rate: $350.00 per month/per mile x 11.6 = $4,060.00 x 12 months = $48,720.00 per year.
Total Rate for both Traffic Control Devices and Signs & Markings
11.6 Miles of signs and markings at $350.00 per mile = $4,060.00 x 12 $ 48,720.00
48 Signals at $325/month/year $ 187,200.00
Total Maximum Annual Cost $235,920.00
Maximum monthly billing ($235,920.00/12) $ 19,660.00
Maximum 5 Year IGA Amount ($235,920.00 x 5) $1,179,600.00
Page 5 of 5 Exhibit - A