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HomeMy WebLinkAboutResolution 2013-0038CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38 Series of 2013 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 has negotiated a contract with the Colorado Department of Transportation for the City to maintain three traffic signals at the l-70/32nd Avenue Interchange; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Contract Approved. The contract between the City and the Colorado Department of Transportation for maintenance of three traffic signals at the l-70/32nd Avenue Interchange is hereby approved and the Mayor and City Clerk are authorized and d irected to execute the same . Section 2. Effective Date I 0 -14 ~I 3 This Resolution shall be effective immediately upon adoption. ATTEST: (State $Signal Mtce) City of Wheat Ridge REGION 1 I jh CONTRACT Rev 9/13 14 HA1 61088 271001916 THIS CONTRACT made this _ day of _______ 20_, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and the City of Wheat Ridge , 7500 West 29th Avenue, Wheat Ridge, Colorado 80033 , COOT Vendor#: 2000099 , hereinafter referred to as the "Local Agency" (or "Contractor" in th Special Provisions). RECITALS 1 . Authority exists in the law and funds have been budgeted , appropriated and otherwise made available and a sufficient uncomm itted balance thereof rema ins available for payment of project and Local Agency costs in Fund Number 400 , Function 2300 , GL Acct. 451000011 , WBS Element or Cost Center R658M -01 0 , (Contract Encumbrance Amount: $1 0,080 .00). 2. Required approval , clearance and coordination have been accomplished from and with appropriate agencies. 3. Section 43 -2-135 (1 )(i) C .R .S ., as amended , requires the State to i nstall , operate , ma intain and control , at State expense , all traff ic control devices on the state highway system with in c ities and incorporated towns ; and ; 4 . The parties desire to enter th is Contract for the Contractor to provide some or all of the certain maintenance services on state highways that are the responsib ility of the State under applicable law , and for the State to pay the Contractor a reasonable negotiated fixed rate for such services ; 5. The parties also intend that the Contractor shall remain responsible to perform any services and duties on state highways that are the responsibility of the Contractor under applicable law, at its own cost ; 6. The State and the Contractor have the authority, as provided in Sections 29 -1-203 , 43 -1-106 , 43 -2-103 ,43 -2-104, and 43 -2 -144 C.R.S ., as amended , and in applicable ord inance or resolution duly passed and adopted by the Contractor, to enter into contract with the Contractor for the purpose of ma intenance of traffic control devices on the state highway system as hereinafter set forth ; and 7 . The Contractor has adequate facilities to perform the desired maintenance serv ices on State highways within its jurisdiction . Page I of II THE PARTIES NOW AGREE THAT: Section 1. Scope of Work All of the specific location(s) and type(s)of traffic control device(s)to be operated and maintained by the Contractor pursuant to this contract are described in Exhibit A , attached hereto and incorporated herein. 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 23 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibits D and E (Contract Modification Tools) 5. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon the date signed /approved by the State Controller , or designee, or on July 1, 2013 , 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 to complete the work under the project. A copy of this 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 Contractor on a lump sum basis , payable in monthly installments, upon receipt of the Contractor's statements , as provided herein. 1 . The State shall pay the Contractor for the satisfactory operation and maintenance of traffic control devices under this contract at the rates described in Exhibit C , which is attached hereto and made a part hereof. Provided , however , that the total charges to be paid by the State during each fiscal year beginning July 1 and ending June 30 of the following year shall not exceed a maximum amount of $10,080.00 without the benefit of a supplemental agreement executed prior to any such excess charges being incurred. The maximum contract total shall not exceed the cumulative five-year total of $50,400.00. Contractor billings and State payments for each of the traffic control devices listed in Page 2 of II Exhibit A shall be on a "lump sum" basis, in accordance with the rates described in Exhibit C, subject to the maximum amount described above. The Contractor will bill the State monthly and the State will pay such bills within 60 days. 2. The statements submitted by the Contractor 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 section of the Highways such services were performed, in accord with standard Contractor billing standards. 3. If the Contractor fails to satisfactorily perform the maintenance for a segment of the Highways (or portion thereof), or if the statement submitted by the Contractor 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 and Local Agency Commitments A. The Contractor shall perform the "highway maintenance services" for the certain State Highway System segments described herein. Such services and highways are detailed in Section 1 (or Exhibit A). B. The Contractor shall operate and maintain the specific traffic control devices, and at the particular locations, all as listed on Exhibit A ("the Work"), 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 Contract. The Contractor shall provide all personnel, equipment, and other services necessary to satisfactorily perform such operation and maintenance. C. The State shall have the option to add or delete , at any time during the term of this Contract, one or more specific traffic control devices to the list shown in Exhibit A and therefore amend the Work to be performed by the Contractor under this Contract. The State may amend Exhibit A by written notice to the Contractor using an Option Letter substantially equivalent to Exhibit D. D. The Contractor may propose, in writing, other potential specific traffic control devices to be operated and maintained by the Contractor during the term of this contract, based on the same rates that had been initially agreed to by the Contractor in Exhibit C. If the State determines in writing that operation and maintenance of those other devices by the Contractor is appropriate, and is desirable to the State, and if the State agrees to add such devices to this contract, then the State shall, by written Option Letter issued to the Contractor in a form substantially equivalent to Exhibit D, add such devices to this contract. E. The Contractor shall perform all maintenance services on an annual basis. The Contractor'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 Page 3 of II maintenance standards for the maintenance services. Any standards/directions provided by the State's representative to the Contractor concerning the maintenance services shall be in writing. The Contractor shall contact the State Region office and obtain those standards before the Contractor performs such services. F. The Contractor shall perform the maintenance services in a satisfactory manner and in accordance with the terms of this Contract. The State reserves the right to determine the proper quantity and quality of the maintenance services performed by the Contractor, as well as the adequacy of such services, under this Contract. The State may withhold payment, if necessary, until Contractor performs the maintenance services to the State's satisfaction. The State will notify the Contractor in writing of any deficiency in the maintenance services. The Contractor shall commence corrective action within 24 hours of receiving actual or constructive notice of such deficiency: a) from the State; b) from its own observation; or c) by any other means. In the event the Contractor, for any reason, does not or cannot correct the deficiency within 24 hours, the State reserves the right to correct the deficiency and to deduct the actual cost of such work from the subsequent payments to the Contractor, or to bill the Contractor for such work. G. Performance Measures shall be accounted for within the duration of this contract and will be associated with signal/electrical maintenance. These Measures shall be addressed quarterly and for every quarter of the contract. Performance records shall be kept by the Contractor and a copy sent to the COOT Project Manager listed in this contract. The Contractor shall submit performance documentation to the COOT Project Manager semi-annually along with the payment requests every July and January. Performance measures shall be conducted on all devices listed in Exhibit A. Section 6. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials , which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and 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: This Contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and only upon written notice thereof sent by registered, prepaid mail and received by the non- terminating party not later than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay the Contractor only for that portion of the traffic control device maintenance services actually and satisfactorily performed up to the effective date of that termination, and the Contractor 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. Section 8. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract Page 4 of 11 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 , Reg ion 1 , 2000 South Holly Street, Denver, Colorado 80222 . 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: Alazar Tesfaye , P.E. COOT Region 1 Traffic Operations Manage r 2000 South Holly Street Denver, Colorado 80222 (303) 757-9511 Section 1 0. Successors If to the Local Agency: Scott Brink City of Wheat Ridge Director of Pub li c Works 7500 West 29 1h Avenue Wheat Ridge , Colorado 80033 (303) 235-2860 Except as here in otherwise provided , this contract shall inure to the benefit of and be binding upon the parties he reto and their respective successors and ass igns . 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 . Noth ing 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 th is contract shall be deemed an incidental beneficiary only . Section 12. Governmental Immunity Notwithstand ing 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 injur ies to persons or property arising out of negligence of the State of Colorado , its departments , inst itutions , agencies , boards , officials and employees is controlled and limited by the p rovis ions of§ 24 -10-1 01 , 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 . P age 5 of II 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 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 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 24-1 07- 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. Page 6 of II B. Option Letter a. The State may increase the quantity of goods/services described in Exhibit A at the unit prices established in the contract. The State may exercise the option by written notice to the Local Agency in a form substantially equivalent to Exhibit D. Delivery/performance of the goods/services shall continue at the same rate and under the same terms as established in the contract. b. The State may also unilaterally increase/decrease the maximum amount payable under this contract based upon the unit prices established in the contract and the schedule of services required, as set by the state. The State may exercise the option by providing a fully executed option to the Local Agency , in a form substantially equivalent to Exhibit D , immediately upon signature of the State Controller or an authorized delegate . Performance of the service shall continue at the same rate and under the same terms as established in the contract. C . State Encumbrance Letter The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateral execution of an encumbrance letter in a form substantially equivalent to Exhibit E. 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. Option Letters Option Letters may be used to change the amount of goods/services ordered under this Agreement and increase or decrease the amount of funding as a result of the change in goods/services. The Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate. The State may unilaterally exercise this option (with prior coordination and communication with the Local Agency) by providing a fully executed option to the Local Agency in a form substantially equivalent to Exhibit D. If the State exercises this option , the contract will be considered to include this option provision. The total duration of this contract , including the exercise of any options under this clause, shall not exceed five (5) years. Section 19. Disputes Except as otherwise provided in this contract , any d ispute 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 conclus ive 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 adm inistrative official , representative , or board on a question of law . Page 7 of II Section 20. Does not supercede other agreements This Contract is not intended to supercede or affect in any way any other agreement (if any) that is currently in effect between the State and the Contractor for other "maintenance services " on State Highway r ights -of-way within the jurisdiction of the Contractor. Also , the Contractor shall also continue to perform , at its own expense , all such activities/duties (if any) on such State Highway rights -of-ways that the Contractor is required by applicable law to perform. Section 21. Subcontractors The Contractor may subcontract for any part of the performance required under this Contract, subject to the Contractor first obtaining approval from the State for any particular subcontractor. The State understands that the Contractor may intend to perform some or all of the services required under this Contract through a subcontractor. The Contractor agrees not to assign rights or delegate duties under th is 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 22. Contract Management System By entering into this Contract, Contractor agrees to be governed , and to abide , by the provisions of CRS §24 -1 02 -205 , §24-1 02-206 , §24 -1 03 -601 , §24 -1 03.5 -101 and §24 -1 05-102 concerning the mon itor ing of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system . Contractor's performance shall be evaluated in accordance with the terms and cond itions of this Contract, State law, inc luding CRS §24-1 03 .5 -1 01 , and State Fisca l Rules , Policies and Guidance. Evaluation of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include , but shall not be limited to quality, cost and timeliness . Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified follow ing each performance and shall address or correct any identified problem in a timely manner and ma intain work progress . Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Insert Name of your Dept here , and showing of good cause , may debar Contractor and prohibit Contractor from bidding on future contracts . Contractor may contest the final evaluation and result by : (i) filing rebuttal statements , which may result in either removal or correction of the evaluation (CRS §24-1 05 -1 02(6)), or (ii) under CRS §24 -1 05-1 02(6), exercising the debarment protest and appeal rights provided in CRS §§24 -1 09 -106, 107, 201 or 202 , which may result in the reversal of the debarment and re instatement of Contractor , by the Executive Director, upon showing of good cause. Page 8 of II Section 23. Special Provisions These Special Provisions apply to all contracts except where noted in italics . 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY . CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted , and otherwise made available . 3. GOVERNMENTAL IMMUNITY . No term or condition of this contract shall be construed or interpreted as a waiver , express or implied , of any of the immunities, rights , benefits , protections, or other provisions , of the Colorado Governmental Immunity Act , CRS §24-1 0-101 et seq ., or the Federal Tort Claims Act , 28 U.S.C . §§1346(b) and 2671 et seq., as applicable now or hereafter amended . 4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State . Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party . Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization , express or implied , to bind the State to any agreement , liability or understanding , except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law , (b) provide proof thereof when requested by the State , and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW . Contractor shall strictly comply with all applicable federal and State laws , rules , and regulations in effect or hereafter established , including , without limitation , laws applicable to discrimination and unfair employment practices . 6. CHOICE OF LAW . Colorado law , and rules and regulations issued pursuant thereto , shall be applied in the interpretation , execution , and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws , rules , and regulations shall be null and void . Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law , whether by way of complaint , defense , or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract , to the extent capable of execution . 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person . Any provision to the contrary in th is contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation , or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that , during the term of this contract and any extensions , Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds . If the State determines that Contractor is in violation of this provision , the State may exercise any remedy available at law or in equity or under this contract , including , without limitation , immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST . CRS §§24-18-201 and 24-50-507 . The signatories aver that to their knowledge , no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest , direct or indirect , that would conflict in any manner or degree with the Page 9 of II performance of Contractor 's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET . CRS §§24-30-202 (1) and 24-30-202.4. (Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3 .5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for : (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax , accrued interest, or other charges specified in CRS §39-21-1 01, et seq .; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action . 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101 . [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies , warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17 .5-1 02(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice , and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-1 02(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program , Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written , notarized affirmation , affirming that Contractor has examined the legal work status of such employee , and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-1 01 et seq ., the contracting State agency , institution of higher education or political subdivision may terminate this contract for breach and , if so terminated , Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older , hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law , (b) shall comply with the provisions of CRS §24-76.5-1 01 et seq., and (c) has produced one form of identification required by CRS §24-76 .5-1 03 prior to the effective date of this contract. Revised 1-1-09 Page 10 of II SIGNATURE PAGE Agreement Routing Number 14 HA 1 61 088 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY CITY OF WHEAT RIDGE By: INSERT-Name of Authorized Individual Title: IN RT-ffici · le of uthorized Individual 2nd The Local Agency Signature if Needed By : INSERT-Name of Authorized Individual Title: INSERT-Official Title of Authorized Individual *Signature Date :----------- STATE OF COLORADO John W. Hickenlooper, GOVERNOR Colorado Department of Transportation Donald E. Hunt, Executive Director By: Timothy J. Harris , P.E., Chief Engineer 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 CONTROLLER David J. McDermott, CPA By:. __________________ _ Colorado Department of Transportation Date:. _________ _ Page II of II 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 each location , in all directions, and submit documentation to COOT by April I Olh and October 1Oth for each year of this contract. Inspection shall include, but not 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 Vehicle detection is operating properly o All luminaries attached to the signal are operating • Any defects, in the items listed above , found at these intersection s shall be remedied immediately. Defects and remediation shall be documented and kept on file at the City and made available to COOT upon request. Any defects not remedied shall incur a price reduction to the next month 's compen s ation of $280.00 per s ignal. • The City shall perform an annual inspection which s hall include: the visual inspection of signal caissons , bolts , bolt tightening, steel, welds , attachment hardware ; backup power testing ; and signal conflict monitor testing. Documentation on this inspection shall be submitted to COOT by October 10111 of each year of this contract. Any deficiencies found in bolt tightening and attachment hardware shall be corrected by the City immediately. Structural defects discovered by the City or COOT shall be repaired using methods that are acceptable to the City and COOT. If COOT is requiring pole or mast arm replacement, that work shall be the responsibility of COOT. Any deficiencies of this nature shall be documented and brought to the attention of the City and COOT project manager for correction by the appropriate agency. All other minor structural defect shall be the responsibility of the City. Exhibit A Page-I of 2 TRAFFIC SIGNALS MAINTAINED BY THE CITY OF WHEAT RIDGE LOCATIONS Maintenance of traffic signals includes painting of crosswalks and stop bars. Interstate 70 (I-70) at: • WB off/on ramps at 32"d A venue • EB off ramp at Youngfield Street • EB on ramp at Youngfield Street Number of Signals-3 Signals Exhibit A Page-2 of 2 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38 Series of 2013 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 has negotiated a contract with the Colorado Department of Transportation for the City to maintain three traffic signals at the l-70/32"d Avenue Interchange; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Contract Approved. The contract between the City and the Colorado Department of Transportation for maintenance of three traffic signals at the l-70/32"d Avenue Interchange is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same . Section 2. Effective Date I 0 -l'i -I 3 This Resolution shall be effective immediately upon adoption. ATTEST: Exhibit B Exhibit C-Rate Schedule Traffic Control Device Rate Schedule 3 Signals at $280.00.00/signal/month Total Maximum Annual Cost $ 840.00 per month $ I 0,080.00 per year Exhibit C-Page I or I Exhibit D-Option Letter SAMPLE IGA OPTION LETTER Highway or Traffic Maintenance (This option has been created by the Office of the State Controller for COOT use only) I Date: I I I State Fiscal Year: I I Option Letter No.I I CLIN Routing #I 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 , between the State of Colorado , Department of Transportation , and sertlOC&I 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. 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: JOHN W. HICKENLOOPER, GOVERNOR By: Date : _______ _ Timothy J . Harris, P.E ., Ch ief 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. Form date: August 16, 2013 State Controller Robert Jaros, CPA, MBA, JD By : __________________________ _ Date : _____________ _ Exhibit D -Page 1 of 1 Exhibit E-Encumbrance Letter ENCUMBRANCE LETTER State Fiscal Year: - 1) Encumber fiscal year funding in the contract. 2) PROVISIONS: In accordance with Section(s) of the original Contract routing number between the State of Colorado , ment of Trans ortation, and ~llit~~~~·[Dra~, covering the term through e =..:..:;:=....==' the State hereb encumbers funds for the goods /services specified in the contract for fiscal year .......... ~ .... 3) EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the State Controller or , whichever is later. By: STATE OF COLORADO John W. Hickenlooper, GOVERNOR Depa rt ment of Transportatio n (Fo r) Dona ld E. Hun t, Execut ive Directo r 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 T ransportatio n Date: Exhib it E -Page 1 of 1