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HomeMy WebLinkAboutResolution-2005-0015 - - CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15 Series of 2005 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR PROJECT NO. 0703-294, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION WHEREAS, the City Council wishes to provide for the construction of certain highway improvements at the 1-70 and 32nd/Youngfield interchange, and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation, for the purpose of obtaining state approval and oversight for the Project, and, WHEREAS, the cost of the Project is estimated not to exceed $120,000, which funds are available for the Capital Investment Program (CIP) Fund undesignated reserves, and WHEREAS, the City Council has previously entered into an Annexation and Development Agreement dated December 20, 2004, with Cabela's Retail, Inc and the Coors Brewing Company, Section 7 of which provides for the costs of the Project to be paid from the proceeds of bonds issued by the Metropolitan District to be formed pursuant to that Agreement. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract Approved The contract between the City and the Colorado Department of Transportation for Project 0703-294 1-70 at 32nd and Youngfield Interchange Improvements is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same Section 2.Budqet Amended The following amendments to the 2005 CIP Fund budget are hereby approved (a) A transfer from CIP undesignated reserves in the amount of $120,000 to account #30-303-800-851 --- - Section 3. Expenditure Approved The expenditure of not to exceed $120,000 is hereby approved from CIP account #30-303-800-851, for the purpose of Project 0709-294 Section 4.Effective Date March 28, 2005 This Resolution shall be effective immediately upon adoption DONE AND RESOLVED this 28th day of March ,2005 ATTEST RESO 001 2 (Local $CDOTWRK) PROJECT 1M 0703-294, (15214) REGION 6 (RP) Rev 10/03 05 HA6 00062 CMS ID 05-160 CONTRACT THIS CONTRACT made thIs //~day of /0/ /' / / 20 o:...;oy and between the State of Colorado for the use and benefit ofthe Colorado Department of TransportatIOn heremafter referred to as the State and the CITY OF WHEAT RIDGE, 7500 West 29th Avenue, Wheat RIdge, Colorado, 80033, FEIN 84-0595832, heremafter referred to as the "Contractor" or the "Local Agency" RECITALS 1 Authonty eXIsts m the law and funds have been budgeted, appropnated and otherwIse made available and a suffiCIent uncommItted balance thereof remains available for payment of project and Local Agency costs m Fund Number 400, AppropnatlOn Code 010, OrgamzatlOn Number 9991, Program 2000, Function 3404, Object 2312 IN, Phase M, Reportmg Category 6315, Contract Encumbrance Number 15214, (Contract Encumbrance Amount: $0,00) 2. Required approval, clearance and coordmatlOn have been accomplIshed from and WIth approprIate agencIes, 3. Pursuant to 43-2-1045 C.R.S as amended, the State may contract WIth Local AgenCIes to proVIde mamtenance and constructIon of hIghways that are part of the state (or local agency) hIghway system. 4 Local Agency antIcIpates a project for a feasibIlity study for the possible mterchange Improvements at the 1-70 at 32nd;y oungfield mterchange, and by the date of executIOn of this contract, the Local Agency and/or the State has completed and submitted a prehmmary versIOn of CDOT form #463 describmg the general nature of the Work. The Local Agency understands that, before the Work begins, form #463 may be revised as a result of design changes made by CDOT, m coordinatIOn WIth the Local Agency, m ItS mtemal revIew process. The Local Agency deSIres to perform the Work described m form #463, as It may be reVIsed. 5 The Local Agency has made funds available for project (15214), whIch shall consIst ofrelmbursing the State for oversIght charges assocIated with the possible mterchange Improvements to the 1-70 at 32nd;y oungfield mterchange, referred to as the "Project" or the "W ork." Such Work will be performed III Wheat RIdge, Colorado, speCIfically described m Exhibit A. 6 The Local Agency has funds available and deSIres to proVIde 100% ofthe fundmg for the work. 7 The Local Agency has estimated the total cost of the work and is prepared to proVIde the fundmg reqUIred for the work, as eVIdenced by an approprIate ordinance or resolution duly passed and adopted by the authOrIzed representatIves ofthe Local Agency, whIch expressly authOrIzes the Local Page 1 of 11 - Agency to enter into this contract and to expend its funds for the work under the project. A copy of this ordinance or resolution IS attached hereto and incorporated herein as Exhibit B. 8. This contract is executed under the authority of !is 29-1-203,43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. and Exhibit B. 9 The parties hereto desire to agree upon the division of responsibilities with regard to the project. THE PARTIES NOW AGREE THAT' Section 1. Scope of Work The Project or the Work under this contract shall consist of reimbursing the State for oversight charges associated with the possible interchange improvements to the 1-70 at 32ndN oungfield interchange, in Wheat Ridge, 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 mconsistencies shall be resolved by reference to the documents in the following order of priority: 1. This contract 2. Exhibit A (Scope of Work) 3. Exhibit C (Contract Modification Tools) 4. Other Exhibits m descending order ofthelf attachment. 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, FHW A and the Local Agency. Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the work and is prepared to provide the 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 mto this contract and to expend its funds for the project. A copy of this ordinance or resolution IS attached hereto and incorporated herein as Exhibit B. Page 2 of 11 --. B. The Local Agency has estimated the total cost the work to be $120,000.00 which is to be funded as follows. a. Local Agency Funds $120,000.00 Total Funds: $120.000,00 C. The maximum amount payable by thc Local Agency under thIs contract shall be $120,000.00, unless such amount is increased by an appropriate written modification to this contract 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 ofthls contract, 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. D. The parties hereto agree that this contract is contmgent upon all funds designated for the project herein being made available from local 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 mterest 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 termmatlOn. Section 5. Project Payment Provisions A. The Local Agency will reimburse the State for incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the terms and conditions of this contract. B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or WIthin such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. Page 3 of 11 -- C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description ofthe 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. Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checklist in Exhibit D 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 Local Agency Contract AdministratiOn Checklist in Exhibit D. A. Design [if applicable] 1. Ifthe 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 Bndge Design Manuals and Standard SpeCifications for Road and Bridge Construction. d. include details of any reqUired detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties, The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. B. Construction [if applicable] 1. If the Work mcludes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all m accord with the Local Agency Contract Administration Checklist. Such administratiOn shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract Page 4 of 11 -- 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 of the FHW A/CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Chccklist. 2. If the State is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (SAPE), to perform that administration. The SAPE shall administer the project in accordancc 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, the State shall, in conjunction with the Local Agency, advertise the call for bids and upon concurrence by the Local Agency will award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction of a federal- aid project, the State shall comply with applicable requirements of23 USC ~ 112 and 23 CFR Parts 633 and 635 and c.R.S. ~ 24-92-101 et seq. Those requirements include, without lImitation, that the State/contractor shall Incorporate Form 1273 (Exhibit H) in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare its concurrence or non-concurrence WIthin 3 workIng days after said bids are publicly opened. (3) 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. c. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), rather than by a competitive bidding process, the State 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. Page 5 of II -- Section 7. ROW Acquisition and Relocation PrIor to this project being advertised for bids, the Responsible Party will certify in writing 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 federal and state statutes, regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act regulation, the FHW A Project Development Guide and CDOT's Right of Way Operations Manual. AllocatIOn of Responsibilities can be as follows: . Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way - 3114 charges); . Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participatIOn in incidental expenses (3114 charges); or . No federal participation in right of way acquiSItion (311 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 Operation Manual. The manual is located at hllI'~ '.\-"'~\~ <Jl. ~ t~!Lc,C l "1J~I2l'\_cll\12~:0lc l t~12 c ~ 1 g[1)l!I' mJ rt. Section 8. 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 that all such clearances have been obtained. Section 9. 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 mstallation 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 8, concerning federal-aid projects involving railroad facilities, includmg: 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. Page 6 of 11 -- 2. Obtaining the railroad's detailed estimate ofthe cost of the Work. 3. EstablIshmg future maintenance responsibilities for the proposed installation. 4. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation, Section 10. Environmental Obligations The State shall perform all Work in accordance with the requirements ofthe current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable, Section 11. Record Keeping The State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The State shall maintam such records for a period of six (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 State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and FHW A to inspect the project and to inspect, review and audit the project records. Section 12. 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 ofthe 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. 8, Termmation 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 ifthe 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 fimshed 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. Page 7 of 11 Notwithstanding the above, the Local Agency shall not be relieved ofliability to the State for any damages sustained by the State by vIrtue of any breach ofthe 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 13. 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 14. Representatives and Notice The State will proVIde liaIson with the Local Agency through the State's Region Director, RegIon 6, 2000 South Holly Street, Denver, Colorado 80222. Said RegIOn Director wi II 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 ofthe Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 6 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: Edward Martinez COOT Region 6 Resident Engineer 2000 S Holly Street Denver, CO 80222 (303)757-9278 If to the Local Agency: Tim Paranto City of Wheat Ridge, CO. Public Works Department 7500 West 29th Avenue Wheat Ridge, Colorado 80033 (303)235-2860 Page 8 of 11 ...... Section 15. 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 16. Third Party Beneficiaries It is expressly understood and agreed that the enforcement ofthe terms and conditions ofthis 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 17. 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 irnmumties, 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 ~ 24-10-10 I, 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 18. 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 19. 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 20. Entire Understanding This contract is mtended 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. Page 9 of 11 -- - Section 2 t. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that aJl 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 shaJl surviVe such termination date and shaJl be enforceable by the State as proVIded herein in the event of such failure to perform or comply by the Local Agency. Section 22. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementmg regulations. Any such required modification shall automatlcaJly be mcorporated into and be part ofthis contract on the effective date of such change as iffully set forth herein. Except as provided above, no modification ofthis contract shall be effectIve unless agreed to in writmg by both parties in an amendment to this contract that is properly executed and approved m accordance with applicable law. Section 23. Funding Letters The State may allocate more or less funds available on this contract using a Funding Lettcr substantmJly equivalent to Exhibit C and bearIng the approval ofthe State ControJler or his designee. The funding letter shall not be deemed valid until it shall have been approved by the State ControJler or his designee. Section 24. 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 ofthe 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 wntten 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 shaJl proceed diligently with the performance of the contract in accordance with the CluefEngineer'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 admimstrative official, representative, or board on a question of law. Page 10 of 11 THE PARTIES HERETO HA' EXECUTED THIS CONTRACT - - CONTRACTOR: ST ATE OF COLORADO' BILL OWENS GOVERNOR CITY OF WHEAT RIDGE. COLORADO Legal Name of Contracting Entity By c,,~:;, vv"'~.~ For Execut" DIrector Department of Transportation 840595832 Social Security Number or FEIN %L6:2~ I ature of Authorized Officer YrlCU;/o7< Print Name & Title of Authorized 0 cer U I Attest (Seal) By ( CORPORATIONS: (A corporate seal or attestation is reqUired.) ry or Equivalent, or Town/City/County Clerk) Effective: April I, 2004 Page I I of 11 Colorado Department of Transportation _ -Origin Date: 02/02/2005 Project code: 15214 - STIP number' DESIGN DATA Revise Date: Project number' 0703-294 PE Proiect Code PE Proiect Number Metric English Revision #. Page 1 Region: 06 Status: . preliminary final revised Prepared by' Revised by' Project description: I- 70 @ 32ND A VENUE/ YOlJNCiFlELD E. Martinez County1 I County2: I County3: Date: 02/02/2005 Date: Municipality. Submitted by Proj.Mgr Approved by Preconstruction Engineer' System code: Interstate Oversight: Date: Planned length: Geographic location: 1-70 between SII 58 and south of 32nd / Youngtield Interchange. Terrain type: Level Plains Rolling . Urban Mountainous Description of proposed construction/improvement (attach map showing site location) 1601 Study by the City of Wheat Ridge and their consultant FHlJ tor improvements to the 1-70 at 32ndlYoungfield Interchange, Youngfield, 32nd and the adjacent area to accomodate tramc related to the Cabela's development. Traffic (Note: use columns A. B, and/or C to identify faciiity described below) Current year' Future year' Facility location Facility ADT DHV DHV % trucks ADT I DHV Industrial!Commereiall Residential I Other A I I I ! I B I I I : I C I I I I I fJ RdwyClass Route Refpt Endrefpt Functional classification Facility type Rural code 1 70 2. 3. EI Design Standards (identify substandard items with a checkmark in 1st column and clarify in remarks) A= B= c= Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate Surface type Typical section type # of travel lanes Width of travel lanes - Shoulder wd. It./median Shoulder wd rt.loutside Side slope dis!. ("z") Median width Posted speed Design speed ! Max. superelevation Min. radius Min. horizontal ssd Min. vertical ssd Max. grade Project under 1R 3R 4R Other' criteria Existing guardrail meets current standards: Yes No Variance in minimum design standards required Yes No ! Safety project Comments: Justification attached Request to be submitted Not all standards , Bridge (see item 4) ; See remarks addressed - Stage construction Resurfacing projects I Recommendations concerning safety aspects attached CDOT Form #463 12/2003 EXHIBI'T' A 1:,- C'G ~ .., .1.~ .:...:. (')-' / of J Page 2 Project __-c: 15214 I Project Number' 0703-~_ I Revise Date: .. Major Structures 5::;to stay, R=to be removed, P=proposed new structure , Standard Structure Horizontal Vertical Year >In# I Lenoth Ref. Point Feature Intersected Width Rdwy Load Clearance Clearance Built Proposed treatment of bridges to remain in place (address bridge rail, capacity, and allowable surface thickness) lEI Project Characteristics (proposed) Median type: depressed painted raised none ~ Lighting Handicap ramps I Traffic control signals ,Striping Curb and gutter Curb only ! LefHurn slots continuous width = ~m Sidewalk width = Bikeway width - Right-turn slots continuous width = ~ Parking lane width = Detours Signing: construction permanent ~ Landscape requirements: (description) Other' (description) III Right of Way Yes No Est. No. ... Utilities (list names of known utility companies) ROWand/or perm. easement required: Relocation required: Temporary easement required: Changes in access: Changes to connecting roads: III Railroad crossings # of crossings: Agreements Railroad Name required Present protection Condition of x'ings 1 2 3 4 L 1- ~ ~_. ." Recommendations: II Environmental Type: Comments: og:Coordination I Irrigation ditch name: Withdrawn lands (power sites, reservoirs. etc.) cleared through BLM forest service office New traffic ordinance required I Modify schedule of existing ordinance I Municipality Wheat Ridge Other' m Construction method noAdReason: Design Local F/A PO RR F/A Entity/Agency contact name: Tim Paranto Advertised by' State . Local Study Utility F/A Phone number' 303-235-2860 None COOT F/A Miscellaneous Remarks (Include additional pages if needed) 160 I Study for alternatives. Original to: Central files Copies to: Region Files, Region Environmental Program Manager, Staff ROW. Staff Bridge or other when appropriate EXHIBIT A, Pag~ .:2..- of ~ CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15 TITLE: Series of 2005 A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR PROJECT NO. 0703-294, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION WHEREAS, the City Council wishes to provide for the construction of certain highway improvements at the 1-70 and 32nd/Youngfield interchange, and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation, for the purpose of obtaining state approval and oversight for the Project, and, WHEREAS, the cost of the Project is estimated not to exceed $120,000, which funds are available for the Capital Investment Program (CIP) Fund undesignated reserves, and WHEREAS, the City Council has previously entered into an Annexation and Development Agreement dated December 20, 2004, with Cabela's Retail, Inc. and the Coors Brewing Company, Section 7 of which provides for the costs of the Project to be paid from the proceeds of bonds issued by the Metropolitan District to be formed pursuant to that Agreement. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that Section 1. Contract Approved The contract between the City and the Colorado Department of Transportation for Project 0703-294 1-70 at 32nd and Youngfield Interchange Improvements is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same Section 2.Budqet Amended The following amendments to the 2005 CIP Fund budget are hereby approved (a) A transfer from CIP undesignated reserves in the amount of $120,000 to account #30-303-800-851. ['nnnIT B Pa<T(' / ........--...1;1...-........ , t:t _ Or - ....-<:::::"".- Section 3. Expenditure Approved The expenditure of not to exceed $120,000 is hereby approved from CIP account #30-303-800-851, for the purpose of Project 0709-294 Section 4.Effective Date March 28, 2005 This Resolution shall be effective immediately upon adoption DONE AND RESOLVED this 28th day of March ,2005 ATTEST ~.,,~ ela An erson, City Clerk [~"';2'T 8 p.'<r' -7 "'If _1 -."'........... .~~, ' .. .<<b...._~_'-lJ.._~ RESO 001 2 Exhibit C COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region State Controller Policy letter on June 12, 1996 Complete section 1 and submit to COOT Controller's office. COOT Controller letter on Mav 23, 1996 (1 )This form to be used for the following contracts/situations only (check the appropriate situation)' _indefinite quantity, order more/add more _utility/railroad, underestimated total cost _COOT construction, sum of CMO's _LA construction, underestimated cost COOT construction, underestimated total cost COOT consultant, underestimated cost SECTION 1 (ReQion use) Date. (2) Proiect code (3) To' COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # (4) From Office (5) Phone # (5) FAX # (5) Reo ion # (5) COOT has executed a contract with (6) Address (6) FEIN # (6) Contract routi ng # (7) COFRS encumbrance # (indicate PO, SC or PG #) (8) Fund Orgn. Appro Prgrm. Func Object/Sub-obj N/P GBL Reporting Catg. Proj/Sub/Phase (9) (9) (9) (9) (9) (9) (9) (9) (9) Original contract amount Has a Budget Request been processed to cover the contract amount increase? $ (10) yes no (14) Previous Funding Letter(s) total Pre parer's name (15) $(11) (Funding letter #1 thru # I PHONE NO' This Funding Letter total Contract Administrator's/Business Manager's Approval $ (12) (l 6) (# ) PHONE NO' Adjusted contract amount COOT Designee Approval $ (1 3) (l 7) Local Agency approval (l 8) SECTION 2 (Controller's Office use) (19) Total allotment amount Commission budget I $ (l 9) $ (19) If construction. CE charges Indirect chgs Adjusted contract amount plus total CE & indirect _CE pool elig. (19) $ (19) $ (19) charges calculation $ (19) I have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover this increase, effective as of (19) State Controller or Delegee Date (20) (20) Exhibit C - Page 1 of 1 Exhibit D LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST COOT Form 1243 INTENTIONALLY OMITTED Exhibit D ~ Page 1 of 1 Center for Procurement 4201 E. Arkansas Avenue, Room 150 Denver, Colorado 80222 FAX (303) 757-9669 DEPARTMENT OF TRANSPORTATION DATE. April 12. 2005 TO' Mr Tim Paranto Pubhc Works Department 7500 West 29th Avenue Wheat Ridge. Colorado 80033 SUBJECT Project #. 15214 Please find enclosed your copy or (original) of the referenced contract. NOTE: WORK SHALL NOT COMMENCE UNTIL A WRITTEN NOTICE TO PROCEED HAS BEEN ISSUED BY THE COLORADO DEPARTMENT OF TRANSPORTATION\ REPRESENT A TIVE. Copies/original of this contract have been distributed this date to the following. . CDOT Files . Business/Headquarters Staff Manager . Vendor/Government agency · CDOT Representative Smcerel}, Karen ('astanon ('enterfl)r Procurement And Contract .".en-ices (303) 757-97115