HomeMy WebLinkAboutResolution 2008-0043
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 43-2008
TITLE:
A RESOLUTION APPROVING A CONTRACT WITH
THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR MAINTENANCE OF
TRAFFIC SIGNALS
Ji
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 I_70/32nd Avenue Interchange.
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
maintenance of three traffic signals at the 1-70/ 32nd A venue Interchange is hereby approved and
the Mayor and City Clerk are authorized and directed to execute the same.
Section 2. Effective Date ~ \ \\ \ 2CXl~ .
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this \\ \"- day of ~t\\J\l()\\S\_, 2008.
ATTEST:
~~ ~fri\'h \ <tJ~I~"'w-.
Michael Snow, City c\;rk' \ '~
/f _ f)/7/l{ji~
"1'/;); Mnym
.'.
(State $Signal Mtce)
City of Wheat Ridge
REGION 6, (BH)
Rev 10/03
08 HA600116
SAP ill 271000744
CONTRACT
IIllt
TillS CV11 H~ACT made this L day of A~\1~\ 20.Qi, 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, CDOT Vendor #: 2000099, hereinafter referred to as the "Contractor" or the "Local Agency."
RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project and
Local Agency costs in Fund Number 400, Function 2300, GL Acct. 4541000010, Cost Center
R6S58300, (Contract Encumbrance Amount: $10,080.00).
2. Required approval, clearance and coordination have been accomplished from and with app,vp,:ate
agencies.
3, Section 43-2-135(l)(i) C.RS., as amended, requires the State to install, operate, maintain and
control, at State expense, all traffic control devices on the state highway system within cities and
incorporated towns; and;
4. The parties desire to enter this Contract for the Contractor to provide some or all of the certain
maintenance services on state highways that are the responsibility 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 ordinance or resolution
duly passed and adopted by the Contractor, to enter into contract with the Contractor for the
purpose of maintenance of traffic cOli.trol devices on the state highway system as hereinafter set
forth; and
7. The Contractor has adequate facilities to perform the desired maintenance services on State
highways within its jurisdiction.
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THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
All of the specific location(s) and type(s)oftraffic 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 ,d",,,,,ce to the documents in the following order of priority:
1. Special Provisions contained in section 22 of this contract
2. This contract
3. Exhibit A (Scope of Work)
4. Exhibits C and D (Contract Modification Tools)
5. Other Exhibits in descending order of their 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 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 fust 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
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supplemental agreement executed prior to any such excess charges being incurred.
Contractor billings and State payments for each of the traffic control devices listed in
Exhibit B 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) ofthe maintenance
services performed, the date(s) of that P",;vuuance, and on which specific sections ofthe
Highways such services were perfonned, in accord with standard Contractor billing
standards.
3. If the Contractor fails to satisfactorily perfonn 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 perfonn the "highway maintenance services" for the certain State Highway
System segments described herein. Such services and highways are detailed in Section I (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
confonnance with applicable portions of the "Manual on Unifonn Traffic Control Devices" and
the "Colorado Supplement" thereto, which are referred to collectively as the "Manual" and which
are incorporated herein by reference as tenns and conditions of this Contract. The Contractor
shall provide all personnel, equipment, and other services necessary to satisfactorily perfonn
such operation and maintenance.
C. The State shall have the option to add or delete, at any time during the tenn of this Contract,
one or more specific traffic control devices from those listed in Exhibit A, and therefore amend
the Work to be perfonned by the Contractor under this Contract. The State may amend Exhibit
A by written notice to the Contractor using a change order letter substantially equivalent to
ExhibitD.
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 Change Order issued to the Contractor in a fonn substantially equivalent to
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Exhibit D, add such devices to this contract.
E. The Contractor shall perform all maintenance services on an annual basis. The Contractor's
p".:-uuuance of such services shall comply with the same standards that are currently used by the
State for the State's performance of such services, for similar type highways with similar use, in
that year, as determined by the State. The State's Regional Transportation Director, or his
representative, shall determine the then current applicable maintenance standards for the
maintenance services. Any standards/directions provided by the State's representative to the
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 p".:-uuu 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 signaVelectrical 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 CDOT Project Manager listed in this contract. The Contractor shall submit
performance documentation to the CDOT 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 oftermination 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 FHW A to inspect the project and to inspect, review and audit the project
records.
Section 7. Termination Provisions
This contract may be terminated as follows:
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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 and that
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s) has full authorization to execute this contract.
Section 9. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region
6,2000 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 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:
Tammy Maurer
CDOT Region 6
Project Manager
2000 S. Holly Street
Denver, CO 80222
303-757-9329
If to the Local Agency:
Tim Paranto
City of Wheat Ridge
Director of Public Works
7500 W. 29th Ave.
Wheat Ridge, Colorado 80033
303-235-2860
Section 10. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
Section 11. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
contract and all rights of action relating to such enforcement, shall be strictly reserved to the State
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and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity, other than the State or the Local Agency receiving services or
benefits under this contract shall be deemed an incidental beneficiary only.
Section 12. Governmcntal Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of
this contract shall be construed or iu~,,'p.,,~~d as a waiver, "Ap'~'S or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act, S 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, the City, its departments, institutions, agencies, boards, officials and employees is
controlled and limited by the provisions of S 24-10-101, et seq., C.RS., as now or hereafter amended
and the risk management statutes, SS 24-30-1501, et seq., C.R.s., as now or hereafter amended.
Section 13. Severability
To the extent that this contract may be executed and performance ofthe.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 CVll~"mporaneous 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.
Page 6 of 10
Section 17. Modification and Amendment
A. 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.
B. Either party may suggest renegotiation ofthe 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 only if the party requesting the rate change documents, in
accord with then applicable cost accounting principles and standards (including sections 24.107-101,
et sea., C.RS. and implementing regulations), that the requested increase/decrease is based on and
results from (and is proportionate to) an increase/decrease in the "allowable costs" of performing the
Work.
Section 18. Change Orders and Option Letters
A. Bilateral changes within the general scope of the Contract, as defmed in Section 1 above, may
be executed using the change order letter process described in this paragraph and a form
substantially equivalent to the sample change order letter attached as Exhibit D, for any of the
following reasons.
1. Where the agreed changes to the specifications result in an adjustment to the
price, delivery schedule, or time of performance.
2. Where the agreed changes result in no adjustment to the price, delivery schedule,
or time of performance. The change order shall contain a mutual release of claims
for adj ustment of price, schedules, or time of performance.
3. Where the changes to the contract are priced based on the unit prices to be paid
for the goods and/or services established in the contract.
4. Where the changes to the contract are priced based on established catalog
generally extended to the public.
Other bilateral modifications not within the terms of this paragraph must be executed by formal
amendment to the contract, approved in accordance with state law.
B. 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
contractor within 30 days before the option begins in a form substantially equivalent to Exhibit E.
Delivery/p",fuuuance of the goods/service shall continue at the same rate and under the same terms
as established in the contract
C; The State may also unilaterally increase/decrease the maximum amount payable under this
Page 70flO
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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
contractor, in a form substantially equivalent to Exhibit E, immediately upon signature of the State
Controller or his delegate. Performance of the service shall continue at the same rate and under the
same terms as established in the contract.
Section 19. 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 fmal 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 ofthe 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 r""....,.....tative for the
determination of such appeals will be final and conclusive and serve as fmal agency action. This
dispute clause does not preclude consideration of questions of law in connection with decisions
provided for herein. Nothing in this contract, however, shall be construed as making final the
decision of any administrative official, representative, or board on a question of law.
Section 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 rights.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 this contract [or subcontract any part of the performance required under the
contract] without the express, written consent of the State [which shall not be unreasonably
withheld]. Except as herein otherwise provided, this agreement shall inure to the benefit of and be
binding only upon the parties hereto and their respective successors and assigns.
Page 8 of 10
, Section 22.
SPECIAL PROVISIONS
The Special Provisions apply to aU contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. eRS ~24-30-202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
2. FUND A V AILABILIlY. CRS ~Z4-30-202(S.S). Financial obligations afthe State payable after the current flSeal year are contingent upon funds for that purpose
being appropriated, budgeted, and othelWise made available.
3. INDEMNIFICATION. Contractor shall indemnify, save. and hold harmless the State, its employees and agents, against any and all claims, damages, liability and
court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents,
subcontTaclors. or assignees pursuant to the tenns of this contract
[Applicllb/e Only to Intergovernmental Contracts/No (enn 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 Govemmentallmmunity Act, eRS ~24-10-101 et seq., or the Federal Tort Claims Act. 28
U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
4. INDE"n6i 'u.....,... CONTRACTOR. 4 eCR SOI.2. ConEractor shall perfonn its duties hereunder as an independent contractor and not as an employee. Neither
contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required
employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this CQntract. Contractor acknowledges that contractor and its
employees are not entitled to unemployment insurance benefits unless __..:.....:...: or a chird party provides such ooyerage and that the state does not pay for or otherwise
provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement, liability or understanding, except as expressly set
forth herein. Contractor shall provide and keep in force workers! compensation (and provide proof of such insurance when requested by the state) and unemployment
compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents.
5. NON.DISCRIMINA TlON. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair
employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or
person or which is othetwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall 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 ofthis provision will not invalidate the rernainder of this contract, to the extent
that this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules.
and regulations that have been or may hereafter be established.
7. VENDOR OFFSET. eRS fifi24~30~202 (1) and 24~30~202.4'-lNot Applicable to Intergovernmental Agreements] The State Controller may withhold payment
of certain debts owed to State agenl:lies under the State's vendor offset intercept system for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances
of tax, accrued interest. or other charges specified in CRS ~39.21-101, 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 certified by the State ConuoJler as owing to the State as a result of
imal agency determination or judi.cial action. .
8. SOFTWARE PIRACY PROHIBlTION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the
acquisition. operation, or maintenance of computer software in violation offederat copyright taws or applicable licensing restrictions. Contractor hereby certifies that, for
the term of this contract and any extensions, c.....~......... has in place appropriate systems and controls to prevent such,improper use of public funds. If the State
detennines that ..........,....".....~ is in violation of this paragraph. the State may exercise any remedy available at law or equity or under this conlmct. including, without
limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 124-1S.201 and ~24-S0-507. The signatories aver that to their knowledge, no employee ofthe State has any
personal or beneficial interest whatsoever in the service or property described in this conuact
10. PUBLIC CONTRACTS FOR SERVICF.8. CRS fSwI7.5-101. [Not Applicable to agreemenls relating to the offer, issuance, or sale olsecurltles, investment
advisory servias Or fund management services, sponsored projects, intergovernmental agreeme.nts, or information techNQlogy services or protlucts and services]
Conka~tor certifies. warrants, and agrees that it does not knowingly employ or contract with an ilIegal alien who will perform work under this CODtral;t and will confirm the
employment eligibility of alt employees who are newly hired for employment in the United States to nerfonn wnrknntter thi.<: CCln~c!. through partil;ipation in the E-
VerifY P-rogram or the Department program established pursuant to eRS ~8-17.S,"I02(S)(c), Contractor shall not knowingly employ or conlractwith an illegal. alien to
,nerfonn wnrk tinder this contrjj,gt or enter into a contract with asubcontractor that fails to certify to Contractor that the subcontractor shall not kuowingly employ or
contract with an illegal alien to nerfflnn wClrk IIllder thi!i; contract. ('..cmfrHclor (a) shall not use E.VerilY Program or Department program procedures to undertake pre.
employment screening of job applicants while this contract is being perfonned, (b) shall notify the subcontractor and the contmcting 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 contml:lt, (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.S-102(S), by the Colorado Department of Labor and Employment. If Contractor participates in the
Department program. Contractor shall deliver to the contracting State agency. institution ofhigber education or political subdivision a written, notarized affirmation.
affirming that Contractor has examined the legal work status ofsuch employee. and comply with all of the other requirements ofllie Department program. If Contractor
fails to comply with any requirement of this provision or CRS ~1l-17 .5-101 et seq., the contracting State agency, institution of higher education or political subdivision may
tenninate this contract for breach and, if so terminated, Contractor shall be liable for damages.
ll. PUBLIC CONTRACfS WITII NATURAL PERSONS. CRS ~24-76.5-101. Contractor. ifa O1ltural person eighteen (18) years of age or older, hereby swears
and affirms under penalty of perjury that he (If she (a) is a citizen or othelWise lawfully present in the United States pUrSuant to federal law. (b) shall comply with the
provisl(lns ofCRS 924-76.5.101 et seq., and (l:l) has produced one form of identification required by CRS ~24~76.5-I03 prior to the effective date of this contract.
Revised May 13, 2008
Page 9 of 10
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
STATE OF COLORADO:
BILL RITTER, JR.. GOVERNOR
Citv of Wheat Ridae
Legal Name of Contracting Entity
By
Executive Director
Department of Transportation
2000099
Cir~~li~
Signatur~l.Authorjzed Officer
LEGAL REVIEW,
JOHN W. SUTHERS
ATTORNEY GENERAL
;\l;~lZ.'-\ Q:l\ \Lllil Mayor
Print Name & Title of Authorized Officer
By
CORPORATIONS,
(A corpo,ate atte'Jlation is required.)
Attest (SeaQ By C\~~CQ I ~1&.,~k\
(Cofponate Secretary or EqUiyient. or Town{Clty/co~nty CI~) (Place corporate seal here, if available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires thallhe State Controller approve all state contracts. This contract is not valid until the State Controller,
or such assistant as he may delegate. has signed it. The contractor is not authorized to begin performance unlilthe contract is
signed and dated below. If performance begins prior to the date below. the State of Colorado may not be obligated to pay for
the goods and/or services provided. .
STATE CONTROLLER:
David J. McDermott, CPA
By
Date
Page 10 of 10
Exhibit A
Exhibit A
Scope of Work
State Hil!hwav Traffic Silffial Listinl!.
. The City shall maintain the traffic signals and associated stop bars and crosswalks at the
locations listed below.
. Any reconstruction, modification, or improvement initiated by the City or performed as a result
of a City project shall be included in the maintenance provided by the City.
. Any reconstruction, modification, or improvement initiated by the State or performed as a result
of a State project shall be paid for separately by the State.
. The City shall perform inspections of all approaches at each location and submit
documentation to CDOT by April lOth for each year of this contract. Inspection shall include,
but not be limited to:
o Each signal lens is operating and visible
o Signal Timing is operating as progrannned
o Controller and Cabinet are clean and in good repair
o Communication to signal is connected and operating
o Back up power is tested for proper operation
o V chicle detection is operating properly
o AU luminaries attached to the signal are operating
. Any defects found at these intersections shall be remedied immediately. Defects and remediation
shall be documented and kept on file at the City and copied to CDOT. Any defects not remedied
within one month of discovery shall incur a price reduction to the monthly compensation of
$280.00 per defective signal until all defects of the signal are remedied.
. Yearly signal inspections shall include: the cursory visual inspection of signal caissons, bolts,
bolt tightening, steel, welds, and attachment hardware and signal conflict monitor testing. Any
deficiencies found in bolt tightening and attachment hardware shall be corrected immediately.
Any deficiencies in the structure shall be documented and brought to the attention of the project
manager.
. The City shall be responsible for all damages to signal poles and mast arms at installations that
do not conform to current or previous CDOT signal standards.
Interstate 70/32nd Avenue:
WB off/on ramps at 32nd Avenue
Interstate 70 EB off ramp at Y oungfield Street
Interstate 70 EB on ramp at Y oungfield Street
Nnmber of signal: 3
The monthly compensation provided to the City of Wheat Ridge for services described above
shall be $280.00 per signal per month.
Exhibit A Page 1 of I
. .
Exhibit B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
, .
Exhibit C
Local Agency Rate Schedule
Exhibit C
The State of Colorado shall pay the City of Wheat Ridge for the satisfactory operations and
maintenance of traffic control devices under this Contract at the following rates:
Three signal at $280,'00 each per months
$ 840.00 per month x 12 months:
Amount to be encumbered per year, by the State
$ 840.00 per month
$ 10,080.00 per year
$ 10,080.00
. .
Exhibit D
SAMPLE BILATERAL CHANGE bROER
IOate:
I state Fiscal Year:
I Bilateral Chanfle Order Letter No
In aCl'Qrdance with ,section(;;) af the Original Cahtrabt routihg number (hereinafter balledth.e "Contract") between
the State of Coiorado" Insert Name of Department or Higher Ed.institution , and Contracto~s Name bedinning Insert start date
and ending ~n IJisert,,(tding'dat,!, the Q6iitract and any amendments thereto are' modified asfollows: (NOTE: Only include the
following OptIOiu;(a-c) iIsappli60hle to' thMii!ed$ of your specific Contract. Don't forgerto delete this Note.)
Oction a: SeMcesISUp'p'lIes
Contract Exhibit ,entitled , is amended by adding to the level ofselVices. The term of this Contract is hereby modified
to.change the ending term date to
Offtion b: Price/Cost
Th~'rl1'lXimur\i amount'payable by the State for theservic,esandlor goods described in Identify theS~ion, Exhibit, ele being
chaged is increased by$amt of change to a newtota! of $ based on the unit pricing schedule in Exhibit . The total
Con'traetvalue including all previous amendments, change orders, etc. is $.
Oiltion c: No Cost Chanae,
THe changes made herein are "no cosf' changes and ~hall not be. !lie basis for claims for adju$trt1ent to price, costceiling,
delivery schedule; or other provisions of the Contract. The Parties' waive and release each other tromany daims or demands for
'!djustmentto the Contract, including but noflimlted to price, cost,and schedule, whether based on costs ofi:;hanged 'NOrk or
director indirect impacts on unchanged'NOrk.
PleasE1 sign, date, and return all copies of this Change Order on Of before;
the State Controller or , whichever is later.
. The effective date. her<)9fis upon'approv,!1 of
THE pARTIES HERETO HAVE EXECUTEO THIS CHAtilSE ORDER
~ persoM slghingfOryOntractor herebY\iWear alld afflrn(thiitlll$Yare authorized to act on ConUactor's benalf
and aeknoWledg!! tnatlne state .[sre!ying on tneir represenlatlons..to.thahffect and accept personal respon-slbllliy for
any and all d'amages the state ml\Y im;utfprany errors in such. repre.senta.t'Qn. .
CONTRACTOR
Legal Name of Contractor
By: Name of Authorized Indi'!idlial
Title: OffldalTitleofAuthprized IndiVidual
STATE OF COLORADO.
Bill Ritter, J.r. GOVERNOR
Name of.Agency or IHE
*SiQnature.
By:
Bv: Name & T~te.of Person Slanina for Aoencv. or IHE
ALL cotilTRACTSREClUIREAPPROVAL by!he STATe d.billTROLLER
~: OR'$' !f2.il,a'O;2p2 requires the Slate. Controller to appIove-atL$tateOontracts. This Contract is not valid. utjilf
.s.ig'ij'ii~i!ii1ld,atii!l b.eJ,l1W bY the State Controller or delegatll. gl1ntri!ct&r.iS tiotautnorlzed to begin perfomranil~ II/!til
such time. If Contractor begins performing prior thllreto, th!! State of Colorado is not obllllated to pay contractorfor
su.ch performance orfQrany'goQds.l\/l!llor sefitlces provide(j hereunder.
'SjATECONTROLLgR
David J. McDermo.tt,CPA
By:
Name otAgency or IHi:: Delegate.Please delete ffcontractwilrbe routed to OSC.for approval
Date:
Exhibit D - Page 1 of 1
, .
Exhibit E
SAMPLE IGA OPTION LETTER
(This option has been created by the Office of the State Controller for CDOT nse only)
NOTE: This opt/on is limited to the specific contract scenorios listed below
AND cannot be used in place of exercising aformal amendment.
Exhibit
I Date:
I State Fiscal Year:
I Option Letter No.
I CLIN Ronting #
Vendor name:
A. SUBJECT: (Choose applicable options listed below AND in section B and delete the rest)
I. Option to renew (for an additional term) applies to Highway and Signal maintenance contracts ONLY; this
renewal cannot be used to make any change to the original scope of work;
2, Level of service change within current term due to an unexpected Local overmatch on an overbid
situation ONLY;
3. Option to add phasing to include Design, Construction, Enviromnental, Utilities, ROW incidentals or
Miscellaneous ONLY (does not apply to AcquisitionlRelocation or Railroads);
4. Option to update funding (a new Exhibit C must be attached with the option letter and shall be labeled C-I (future
changes for this option shall be labeled as follows: C-2, C-3, C-4, etc,)
B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
{Insert the followim' lanuua~e for use with Ontions #1):
In accordance with Paragraph(s} of contract routing number (insert FY. A !?'encv cnde. & CLlN routin!?' #l-
between the State of Colorado, Department of Transportation, and fi",.rt cnntractor's nome! the state hereby exercises
the option for an additional tenn of (insert nerformance neriod here) at a cost/price specified in
Paragraph/Section/Provision of the original contract, AND/OR an increase in the amonnt of
goods/services at the same raters} as specified in Paragraph of the original contract
(losert the followiolllanlluBlle for use with Ootion #2)~
In accordance with the terms ofthe original contract (i",.rt FY. A !?'encv code & CUN rnutin!?' #) between the State of
Colorado, Department of Transportation and .ri,.,ert contractor's name here). the State hereby exercises the option to
record a level of service change due to unexpected overmatch dollars due to an overbid situation. The contract is now
increased by findicate additional dollar" here) specified in ParagraphlSectionIProvision of the
original contract.
(Insert the followinp' lamma2"e for use with Ootion #3):
In accordance with the tenos of the original contract (insert FY. A!?'encv code & CLIN routin!?' #J between the State of
Colorado, Department of Transportation and amert contractor's name here), the State hereby exercises the option to add
an overlapping phase in (indicate Fiscal Year here) that will include (describe which Dhase will be added and include all
that annlv-Desivn Construction. Environmental. Utilities. ROW incidentals or Miscellaneous). Total funds for this
contract remain the same andicate total dollars here\ as referenced in ParagraphlSectionIProvisionlExhibit
of the originai contract.
(Insert the following: lan~9t!e for use with Ootion #4):
In accordance with the terms of the original contract a,.,.,./ FY. A !?'encv code & CLlN mu/inrr #J between the State
of Colorado, Department of Transportation and Omert controctor's name here), the State hereby exercises the
option to update funding based on changes from state, federal, local match and/or local agency overmatch funds.
Exhibit E - Page 1 of 2
Exhibit E
The contract is now (st!!ect one: incr2a'~ed and/or decreased) by (insert dollars here) specified in Paragraphl~
Section/-ProvisionlExhibit of the original contract A new Exhibit C- I is made part of the original
contract and replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future
changes for this option for Exhibit C shall be labeled as follows; C-2, C-3, C-4, etc.)
(The followin~ langua~e mu..d he included on all ootions):
The amount of the current Fiscal Year contract value is Cincrea<€d/decrea<€dl by ($ amaunt of chanfTe) to a new contract
value of ($ ) to satisfY services/goods ordered under the contract for tbe current fiscal year (indicate
Fiscal Year!. The flTSt sentence in ParagraphfSectionlProvision is hereby modified accordingly.
The total contract value to include all previous amendments, option letters, etc. is ($
).
The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later.
APPROVALS:
,For the Contractor:
Legal Name of Contractor
By:
Print Name of Authorized Individual
Signature:
Date:
Title: Official Title of Authorized Individual
State of Colorado:
Bill Ritter, Jr., Governor
By: Date:
Executive Director, Colorado Department of Transportation
AI,L CONTRACTS MIJST BE APPROVED BY THE STATE CONTROLLER
CRS ~24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid nntil
signed and dated below by the State Controller or delegate. Contractor is not anthorized 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 andlor services provided hereunder.
State Controller
David J. McDermott, CPA
By:
Date:
Exhibit E - Page 2 of 2