HomeMy WebLinkAbout2023 - RESO - 17 - CDOT Signal Maint contract
CITY OF WHEAT RIDGE, COLORADO Resolution No. 17 Series 2023
TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF TRAFFIC SIGNALS
WHEREAS, The City Council wishes to cooperate with the Colorado Department
of Transportation concerning maintenance of traffic signals in the City; and WHEREAS, the city will operate and maintain the subject traffic signals in order to provide improved signal timing coordination with city signals; and
WHEREAS, the city has negotiated a contract with the Colorado Department of Transportation for the city to maintain three traffic signals at the I-70 and 32nd Avenue on- and off-ramps.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows: A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE
OF THREE TRAFFIC SIGNALS AT THE I-70 and 32ND AVENUE ON- AND OFF-RAMPS IS HEREBY APPROVED AND THE MAYOR AND CITY CLERK ARE AUTHORIZED AND DIRECTED TO EXECUTE THE SAME.
DONE AND RESOLVED by the City Council this 10th day of April 2023.
By:
_____________________________ Bud Starker, Mayor ATTEST:
_________________________ Steve Kirkpatrick, City Clerk
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(State $Traffic Mtce) Rev 10/03 CITY OF WHEAT RIDGE Region: 1 (CM)
CONTRACT
THIS AGREEMENT is entered into by and between the CITY OF WHEAT RIDGE (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:
1.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. Totalcontract Amount: $50,400.00.2.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 suchhighways 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 theState highway system within cities and incorporated towns.4.The parties desire to enter this contract for the Local Agency to provide some or all of the certain Highwaymaintenance services on State highways that are the responsibility of the State under applicable law, and for theState 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 onState 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 andadopted by the Local Agency, to enter into contract with the Local Agency for the purpose of maintenance oftraffic 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 withinits 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 contract2.This contract3.Exhibit A (Scope of Work)4.Exhibit C (Option Letter)5.Exhibit D (Encumbrance Letter)
6.Exhibit E (PII Certification)
7.Exhibit B (Local Agency Resolution)
Section 3. Term
This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on July 1, 2023, whichever is later. The term of this contract terminates on June 30th, 2028. 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 thework, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorizedrepresentatives 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 inmonthly 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 devicesunder this agreement at the rates described in Exhibit A.
D.The Local Agency will provide maintenance services as described in Exhibit A, for a total maximum amountof $10,800.00 per State fiscal year, and a maximum contract total shall not exceed the cumulative five-yeartotal of $50,400.00. 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 of this contract shall not exceed that maximum amount, unless this contract isamended. 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 adequatedescription 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 withstandard Local Agency billing standards.
F.If the Local Agency fails to satisfactorily perform the maintenance services or if the Statement submitted by theLocal Agency does not adequately document the payment requested, after notice thereof from the State, the Statemay deduct and retain a proportionate amount from the monthly payment, based on the above rate, for thatsegment 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 highwayswithin 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" andwhich are incorporated herein by reference as terms and conditions of this agreement. The Local Agency shallprovide all personnel, equipment, and other services necessary to satisfactorily perform such operation andmaintenance.C.The Parties shall have 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 this agreement. 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 tobe operated and maintained by the Local Agency during the term of this agreement, based on the same rates thathad been initially agreed to by the Local Agency in Exhibit A. If the State determines in writing that operationand maintenance of those other devices by the Local Agency is appropriate, and is desirable to the State, and ifthe State agrees to add such devices to this agreement, then the State shall, by written Option Letter issued to theLocal 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 performanceof 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 applicablemaintenance standards for the maintenance services. Any standards/directions provided by the State'srepresentative to the Local Agency concerning the maintenance services shall be in writing. The Local Agencyshall contact the State Region office and obtain those standards before the Local Agency performs such services.
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
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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 onlyupon written notice thereof 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 theLocal 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 tothat 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 of the covenants, agreements, orstipulations 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 thedefault 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 materialprepared 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 deliveredand 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 withholdpayment 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 thepurposes 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 uponavailability 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 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 9. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region 1, . Said Region
Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All communications relating to the day-to-day
activities for the work shall be exchanged between representatives of the State’s Transportation Region 1 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: 1 Christopher Vokurka City of Wheat Ridge Maria D' Andrea
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Project Manager 2829 West Howard Place
Denver, CO 80204 303-512-4058christopher.vokurka@state.co.us
Director of Public Works 11220 W. 45th Avenue WHEAT
RIDGE, CO 80033 303-205-7601mdandrea@ci.wheatridge.co.us
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 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 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. 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 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.
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
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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 or delegee. Any such rate change will go into effect on the first day of the first month following the amendment execution date.
B.Option Lettera. 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 LocalAgency in a form substantially equivalent to Exhibit C.b.As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease themaximum 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 theoption by providing a fully executed option to the Local Agency, in a form substantially equivalent to ExhibitC, immediately upon signature of the State Controller or an authorized delegate. The Option Letter shall notbe deemed valid until signed by the State Controller or an authorized delegate. Any such rate change will gointo 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 unilateralexecution of an encumbrance letter in a form substantially equivalent to Exhibit D. The State shall provide a fullyexecuted encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/servicesshall 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 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 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 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. Subcontrators
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 subcontractor. The State understands that the Local Agency may intend to perform some or all of the services required under this contract through a subcontractor. 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 21. Statewide Contract Management System
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If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective
Date or at any 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 §24-103.5-101, 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 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. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts. Contractor refers to the Local Agency
A.STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this
Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract
shall not be valid until it has been approved by the State’s Chief Information Officer or designee.
B.FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
C.GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the Parties, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and
limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. 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,
contained in these statutes.
D.INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of
the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement,
liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are
not entitled to unemployment insurance or workers compensation benefits through the State and theState shall not pay for or otherwise provide such coverage for Contractor or any of its agents oremployees. Contractor shall pay when due all applicable employment taxes and income taxes andlocal head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in forceworkers' compensation and unemployment compensation insurance in the amounts required by law, (ii)
provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of
its employees and agents.
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E.COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafterestablished, including, without limitation, laws applicable to discrimination and unfair employment practices.
F.CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution,
and enforcement of this Contract. Any provision included or incorporated herein by reference which conflictswith said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be
filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G.PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires theState to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury,
or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothingin this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this
Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of anyinsurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to
any limitations of liability of this Contract.
H.SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, ormaintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor hasand shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the
State determines that Contractor is in violation of this provision, the State may exercise any remedy available atlaw 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.
I.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interestwhatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’sservices and Contractor shall not employ any person having such known interests.
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Section 23. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
*Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the LocalAgency’s behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY CITY OF WHEAT RIDGE
Name:_______________________________________ (print name)
Title: _______________________________________ (print title)
____________________________________________ *Signature
Date:_________________________________________
STATE OF COLORADO
Jared S. Polis Department of Transportation
By___________________________________________
Keith Stefanik, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director
Date:_________________________________________
2nd Local Agency Signature if needed
Name:_______________________________________ (print name)
Title: _______________________________________ (print title)
____________________________________________ *Signature
Date:_________________________________________
STATE OF COLORADO
LEGAL REVIEW Philip J. Weiser, Attorney General
By___________________________________________ Signature – Assistant Attorney General
Date:_________________________________________
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State agreements. This agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date:______________________________________
Bud Starker
Mayor
April 10, 2023
Exhibit A
SCOPE OF WORK
Traffic Maintenance
List of Traffic Control Locations:
1. I-70 at Clear Creek Drive, (Westbound on/off ramps)
2. I-70 at Youngfield Street (Eastbound off-ramp)
3. I-70 at Youngfield Street (Eastbound on-ramp)
Number of signals – 3 signals.
Scope of Work:
• The City shall maintain the traffic signals and associated pavement markings within the footprint
of the intersection, including stop bars and crosswalks, at the intersection locations listed above.
• 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 each location, in all directions, and submit documentation
to CDOT annually by October 10 for each year of this contract. Inspection shall include, but not
be limited to:
o Each signal lens 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 Vehicle detection is operating properly
o All luminaires attached to signal structure are operating
o Visual inspection of signal caissons, bolts, bolt tightening, steel, welds, and attachment
hardware
o Backup power testing
o Signal conflict monitor testing.
• Any defects in the items listed above found at these intersections shall be remedied within 24
hours. Defects and remediation shall be documented and kept on file at the City and copied to
CDOT. Any defects not remedied will incur a price reduction in the following month’s
compensation in the amount of $280.00 per intersection.
• Remediation of structural defects requiring foundation, pole, or mast-arm replacement of CDOT-
standard structures shall be the responsibility of CDOT. Replacement of non-CDOT-standard
foundations, poles, or mast-arms installed after July 1, 2018 shall be the responsibility of the City.
• The City shall seek reimbursement from at-fault parties for major repairs or replacement of any
components as a result of damage by third parties. In the event that the City cannot obtain
reimbursement, CDOT shall reimburse the City through amendment to this agreement.
Exhibit A
Rate/Cost Schedule:
$280.00 Rate per signal per month
X 3 Signals
$840.00 Total monthly cost to maintain signals
$840.00 Total monthly payment to local agency
X 12 Months
$10,080 Total Annual Not to Exceed Amount
$10,080 Total Annual Not to Exceed Amount
X 5 years of the contract
$50,400 Total Contract Not to Exceed Amount
Exhibit B – page 1 of 1
EXHIBIT B – LOCAL AGENCY RESOLUTION
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
(if applicable)
Exhibit C – Page 1 of 1
SAMPLE IGA OPTION LETTER
Highway or Traffic Maintenance
(This option has been created by the Office of the State Controller for CDOT use only)
Date: State Fiscal Year: Option Letter No. Routing #
Vendor name:
1) SUBJECT:Change in the amount of goods within current term.
2) REQUIRED PROVISIONS:
In accordance with Section 17 of contract routing number insert FY, agency code & routing #, between the State of Colorado, Department of Transportation, and insert Local Agency name the state hereby exercises the option to an increase/decrease in the amount of goods/services at the same rate(s) specified in Exhibit A.
The amount of the current Fiscal Year contract value (encumbrance) is increased/decreased by $ amount of change to satisfy services/goods ordered under the contract for the current fiscal year insert fiscal year. The Contract Encumbrance Amount in Recital 1 is hereby modified to $amount of new annual encumbrance, and Section 4, B, 1 shall also be modified to show the annual not to exceed amount to $amount of new annual encumbrance and the Contract (five-year term) not to exceed amount shall be modified to $amount of the new five-year maximum.
The total contract value to include all previous amendments, option letters, etc. is $insert accumulated/total encumbrance amount.
3) EFFECTIVE DATE:
The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later.
APPROVALS:
State of Colorado:
JARED S. POLIS, GOVERNOR
By: _____________________________________________ Date: __________________ Keith Stefanik, P.E., Chief Engineer, 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 Contract is not
valid until signed and dated below by the State Controller or delegate. Local Agency is not
authorized to begin performance until such time. If Local Agency begins performing prior thereto,
the State of Colorado is not obligated to pay Local Agency for such performance or for any goods
and/or services provided hereunder.
State Controller
Robert Jaros, CPA, MBA, JD
By: __________________________________
Date: ________________________________
Form date: August 16, 2013
EXHIBIT C - SAMPLE OPTION LETTER
Exhibit D – Page 1 of 1
ENCUMBRANCE LETTER
Date: State Fiscal Year: Encumbrance Letter No. Routing #:
Orig. IGA: PO:
1)Encumber fiscal year funding in the contract.
2)PROVISIONS: In accordance with Section 4 and Exhibit C of the original Contract routingnumber Orig Routing # between the State of Colorado, Department of Transportation, andContractor's Name, covering the term July 1, Year through June 30, Year, the State hereby
encumbers funds for the goods/services specified in the contract for fiscal year .
The amount to be encumbered by this Encumbrance Letter is $amount of change. The Totalcontract (encumbrance) amount, including all previous amendments, option letters, etc. is
$Insert New $ Amt.
3)EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the StateController.
STATE OF COLORADO
Jared S. Polis, GOVERNORDepartment of Transportation
By:
Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director
Date: _____________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract 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
Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ___________________________________
Department of Transportation
Date: _____________________
EXHIBIT D – SAMPLE ENCUMBRANCE LETTER
Exhibit E- Page 1 of 1
EXHIBIT E
PII Certification
STATE OF COLORADO
LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of __________________________ (legal name of Local Agency) (the “Local Agency”), hereby certify under the penalty of perjury that the Local Agency has not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, orassisting Federal Immigration Enforcement, including the enforcement of civil
immigration laws, and the Illegal Immigration and Immigrant Responsibility Act,which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply
with Federal or State law, or to comply with a court-issued subpoena, warrant ororder.
I hereby represent and certify that I have full legal authority to execute this certification on behalf of the Local Agency.
Signature: __________________________
Printed Name: __________________________
Title: __________________________
Date: ___________