Loading...
HomeMy WebLinkAboutResolution 18, 2018CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 Series of 2018 TITLE: A RESOLUTION AUTHORIZING APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) TO APPROVE A CONTRACT WITH COOT FOR CONSTRUCTION OVERSIGHT AND MAINTENANCE RESPONSBILITIES ASSOCIATED WITH THE INTERSTATE 70 AND 32No AVENUE INTERCHANGE IMPROVEMENTS WHEREAS, pursuant to Colorado Revised Statutes, the City of Wheat Ridge and the Colorado Department of Transportation (COOT) are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to. undertake; and WHEREAS, The City has completed construction plans providing for improvements at Interstate 70 and 32"d Avenue; and WHEREAS, the City and COOT agree that said improvements are necessary to improve access and traffic safety; and WHEREAS, said improvements and related facilities will be located in right of way owned and maintained by COOT; and WHEREAS, COOT has granted authorization to the City to construct said improvements in accordance with an Intergovernmental Agreement drafted and reviewed by both agencies; and WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter, the City Council wishes to approve said Intergovernmental Agreement by resolution. Bud Starker, Mayor ATTEST: CITY OF WHEAT RIDGE AND CDOT INTERGOVERNMENTAL AGREEMENT (IGA) (Local SCDOTWRK. & MTCE) PROJECT: CC0703-453 (22417) CONTRACT OLA#: 331001724 RQuting #: I 8·HA1-XC.()()()SS REGION: 1 (jh) THIS CONTRACT, executed this __ day of ________ by and between the State of Colorado, for the use and benefit of the Colorado Department ofTransportation ("State" or "COOT'') and City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado, 80033, COOT Vendor#: 0002000099 ("Local Agency"), and the State and the Local Agency together shall be referred to as the "Parties." RECITALS I. Authority exists in the law and funds have been budgeted. appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Function 3301, GLAcct. 4511000010, WBS Element 22417.20.10, (Contract Encumbrance Amount: $0.00); 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies; 3. Section 43-2-102 and 103, C.R.S require the State to maintain state highways (including where such highways ext.end through a city or an incoqrorated town), and 43-2-135 describes certain specific responsibilities of the State and affected local entities (respectively) with respect to state highways that are also part of a local street system; 4. The Local Agency has estimated the contribution and is prepared to provide the funding required for their contnl>ution toward the Project, as evidenced by an appropriate ordinance or J'C*>lution duly passed and adopted by the authoriud representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this Contract and to expend its funds for the Contribution; 5. The Parties also desire to enter into this Contract to delineate each one's responsibilities for maintenance of the I-70 and J2nd Avenue Interchange (Project); 5. The Local Agency has funds available and desires to provide 100% of the funding for the Work; 6. The State and Local Agency have the the resources to perform the desired maintenance for the Project; 7. This contract is executed under the authority of §§·29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S.; 8. The Parties hereto desire to agree upon the division of work and maintenance responsibilities with regard to the project. THE PARTIES NOW AGREE THAT: Section 1. Seepe of Work The work under this Contract shall consist ofCDOT's construction oversight and maintenance responsibilities associated with the 1-70 and 32nd Avenue Interchange (Work), and the Local Agency shall provide their Contribution toward the Project, 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 inconsistencies shall be resolved by reference to the documents in the following order of priority: I. This Contract 2. Exhibit A (Scope of Work) 3. Exhibit B (Maintenance Responsibilities) 4. Other Exhibits in descending order of their attachment (if any). Page 1 of8 ATTACHMENT 2 Section 3. Term OLA#: 331001724 Routing#: 18-HAI-XC-OOOS'S This Contract shall be effective upon approval of the COOT Chief Engineer or designee. The tenn of the funding portion of this Contract shall continue through the completion and final acceptance of the Project by the State, FHW A and the Local Agency. The State and !,.ocal Agency will maintain and operate the improvements constructed under this Contract for their useful life. Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the Contribution and is prepared to provide its funding, as evidenced by an the signing of this Contract, which expressly authorizes the Local Agency the authority to expend its Contribution toward the Project B. The contribution is estimated to be $20,000.00. C. The maximum amount payable by the Local Agency under this Contract shall be $20,000.00 unless such amount is increased by an appropriate written modification to this contract executed by the Parties hereto before any increased cost is incurred D The Parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination .. 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 tail 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. 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 of the amounts of services perfonned, the dates of perfonnance 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 Scope of Work (Exhibit) describes the work to be performed. A. Design [if applicable] I. If the work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the ''Plans"), the State shall comply with the following requirements, as applicable: a. perfonn or provide the Plans, to the extent required by the nature of the work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. Page2 of8 OLA#: 331001724 Routing#; 18-HAJ-XC-OOOSS d. include details of any required detours in the Plans, in order to prevent any interference of the construction worlc 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 Contract 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 includes construction, the State shall perform the construction in accordance with the approved design plans and/or administer the construction aJl in accord with the Scope of Work (Exhibit A and Exhibit B). Such administration shall include project inspection and testing; approving sources of materials; perfonning required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHW A/COOT Stewardship Contract. 2. Subject to Section 5, 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 ad.minister the project in accordance with this Contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, 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, responst'ble bidder{s). (1) in advertising and awarding the bid for the construction of a federal-aid project, the State shall comply with applicable requirements of 23 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 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 authoriud 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 Acco\Dlt Construction. Seed.on 7. ROW Acquisition and Relocation If the Project includes right of way, prior to this project being advertised for bids, the State 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 applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P .L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended ( 49 CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy and Procedural Directives. Allocation of Responsibilities are as follows: • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities. if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way -3114 charges); Page3 of8 OLA#: 331001724 Routing#: 18-HAl-XC-OOOSS • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidentaJ expenses (3114 charges); or • No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual. The manual is located at http://www.coloradodot.info/business/manuals/right-of-way. If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title. Seetion 8. Utilities If necessary, the State 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 Jn the event the Project involves modification of a railroad company's facilities whereby the work is to be accomplished by railroad company forces, the State shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the work without compliance. The State shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: 1. Executing an Contract 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. 2. Obtaining the railroad's detailed estimat.e of the cost ofthe work. 3. Fstablishing future maintenance responsibilities for the proposed installation. 4. Prescribing 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 Oblf&atlons The State shall perform all work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 11. Maintenance Obligations The State and Local Agency will maintain and operate the improvements constructed under this Contract at their own cost and expense during their useful life as shown in Exhibit B, in a manner satisfactory to the State and FHW A. The State and Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations. The State and FHW A will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The State and 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 State and Local Agency shall maintain such records for a period of three (3) years after the date oftennination of this Contract or final payment hcre1D1der, 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. Page 4 of8 Section 13. Termination Provisions This Contract may be terminated as follows: OLA#: 331001724 Routing#: 18-HAI ·XC-OOOSS A. Termination for Convenience. The State may terminate this Contract at any time the State dctennines that the purposes of the distnbution of moneys under the Contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Tennination 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, Contracts, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this Contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. · 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 of the Contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's actionfmaction 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. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this Contract and that it bas 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 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 1, 2000 South Holly Street, Denver, CO 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 the State: Steve Sherman COOT Region 1 2000 South Holly Street Denver, Colorado 80222 303-512-5986 steve.shennan@state.co.us Section 16. Successon If to the Local Agency: Scott Brink City of Wheat Ridge 7500 West 29TH Avenue Wheat Ridge, Colorado 80033 303-235-2860 sbrink@ci.wheatridge.co.us 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. Secdon 17. Third Party Benefidaries Page S of8 OLA#: 331001724 Routing#: 18-HAl-XC-00055 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 18. 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. Semon 19. 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 tcnn or provision hereof. Section 20. 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 tenn, provision, or requirement, or of any other term, provision or requirement. Section 21. 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 22. Survival of Contract Terms Notwithstanding anything herein to the contrary, the Parties understand and agree that all tenns 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 23. 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 Jaw. 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 Contract, will be decided by the ChiefEngineer 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 Pagc6 of8 OLA#: 331001724 Routing#: 18·HA1-XC-00055 authorized representative for the determination of such appeals will be finaJ and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions oflaw 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 oflaw. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page7 of8 OLA#: 331001724 Routing#: 18-HAl-XC-00055 THE PARTms HERETO HA VE EXECUTED TIDS CONTRACT *Persons signing for The Local Agency hereby swear and affinn that they are au1horized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect THE WCAL AGENCY City of Wheat Ridge By: _ __/Jttd.. .~ (print name) Title: (}1~(!Jr (print tit1e) _ _{j));p~_ *Signature 2nd The Local Agency Signature [if Needed] ---By: -'~#:->~.V#t'f° (print name) Title: (!'Z cZ~c. print title) ~112.~ 0ate:'ffla;jeit~ cJ-QL 8. STATE OF COWRADO John W. Bickenlooper, GOVERNOR Colorado Department ofTransportation By_-=--:---::-:----:---:::::-=--,....,---.,-------J oshua Laipply, P .E., ChiefEngineer (For) Michael P. Lewis, Executive Director Date: _______ ~-----· Pages of8 Exhibit A Scope of Work This IGA between CDOT and the City of Wheat Ridge is to document construction oversight and maintenance responsibilities for the new/changed access at Westbound (WB) Interstate 70 (I-70), associated with the I-70/32nd Avenue interchange, being implemented in association with nearby development activity, the proposed Clear Creek Crossing (CCC) mixed use development. No State or Federal Funds are being used for construction of this project. The City of Wheat Ridge agrees to pay COOT $20,000 for part-tinie review of the project by a COOT Engineer, who will represent COOT interests with regard to work quality and impact to the traveling public on westbound 170. By the permit through CDOT Region 1 Permits, COOT will retain final acceptance authority for all facilities and appurtenances to be owned and maintained by COOT. Through many discussions, the maintenance of facilities has been agreed to as represented in the attached graphics (3 pages). Also, as shown in the graphics, a tum-around for snow plows has been agreed to within the development, such that CDOT plows will be able to plow the 170 facility in much the same way as exists prior to construction. .· .. ·.,: Exht"bit A -Page 1 of I 111 f . h .. ~ f ..... / / / ,/ ,, / / I / ,) / ' / ' Exhibit B -Page I of 3 i ; ~ .\ I i I ' ' . I i I ~ " . ~t::-. 1·.. 1 1 i ,··-:···"'·· l' t ~ ; ··. --~~-.. t : '•('-.>·.; ! i ' 1"'~1~1¥ ! (' I : · f • J T I i. ! I i l '1· . •ii N ; . f ' 1' i lh ! l 1 · + I ~ I ' I I I I i Legend: COOT . , i Co\NR I Pr!Motis 11/lll2017 ~N&m.= IOA-Mp --"'°° Ula- 0 ··· .• ::.-_ . ~. ~--.. -- Sheet Revisions --.... """-"'-IHI._._ ill-.= =---- ·---~ ___ !I ~ ~MAAT'4/MN<n~ Far Review Projeot NoJCode CQflS-.'-n•• 1•01•&••5 1GA EXHIBrT 2 --.,...._ ·-··--..... ---UiJISWOGO. OD 90ll1 • -Code ••-•:»•.·~---r.-.. •oa.u'•"'°*• ------- r f H I I i • I II • • I ! I i I I \ \ I \ \ \ I I I I I I I I I I I I I I / i I I I I I Exhibit B -Page 3 of 3 I '' . t , I I I I I I \ I I i i • i I~ N I