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HomeMy WebLinkAbout2016 Ordinance No. 039• • ORDINANCE NO. ?!1... SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR THE ACCEPTANCE OF COLORADO DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL GRANT AW ARD ED TO THE CITY OF ENGLEWOOD FOR THE BROADWAY/MANSFIELD ENHANCED SAFETY CROSSING PROJECT. WHEREAS, the Safe Routes to School is a nationwide federal program that is administered by state transportation departments; and WHEREAS, the Englewood City Council authorized the application for the Broadway/Mansfield enhanced safety crossing project for the COOT 2016 Safe Routes to School 2016 Grant by Motion at the January 4, 2016 City Council Meeting; and WHEREAS, COOT has awarded the City of Englewood funding for the Broadway/Mansfield Enhanced Safety Crossing project; and WHEREAS, the Englewood Middle School had recently moved to the redeveloped Englewood Campus located at Mansfield and Logan Broadway/Mansfield Enhanced Safety Crossing project will feature: • Bulbed-out comers that will effectively shorten the crossing distance for pedestrians. • Pedestrian crossings will be enhanced by high visibility crosswalk markings. • Flashing warning signage will be installed to warn Broadway drivers approaching the crossing • Bicycle lane markings will be provided for bicyclists approaching the Broadway intersection on Mansfield • Obsolescent traffic signals will also be replaced; and WHEREAS, the passage of this Ordinance will authorize the City of Englewood to accept funding from the Colorado Department of Transportation (COOT) for the Broadway/Mansfield Enhanced Safety Crossing Project; and WHEREAS, the total amount of the COOT Grant is $139,000 and the City will fund the total estimated project cost difference of $121,358; the City will contribute an additional estimated $63,550 for the traffic signal replacement; and WHEREAS, no federal funds are being used for this project. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of the Colorado Department of Transportation Safe Routes to School Grant awarded to the City of Englewood for funding the Broadway/Mansfield Project. Section 2. The Mayor is hereby authorized accept Colorado Department of Transportation Safe Routes to School Grant awarded to the City of Englewood for and on behalf of the City of Englewood, Colorado, attached hereto as Exhibit A. Introduced, read in full, and passed on first reading on the 17th day of October, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th day of October, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of October, 2016 for thirty (30) days. Read by title and passed on final reading on the 7th day of November, 2016. Published by title in the City's official newspaper as Ordinance No.~ Series of 2016, on the 10th day of November, 2016. Published by title on the City's official website beginning on the thirty (30) days. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing i~ ~e copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 2016. 2 • • • • • StateSLAWRK PROJECT:SAR M395-016 (21531) Broadway/Mansfield SRTS CONTRACT PO#:471000986 Routing #: 17-HAl-ZH-00057 REGION : I (JH) 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 refem:d to as the State and CITY OF ENGLEWOOD hereinafter referred to as the "Contractor" or the "Local Agency." 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, Functions: 3020 and 3301, GL Acct: 4511000010, WBS Elements: 21531.10.30 and 21531.20.10, Contract Encumbrance Amount: $139,000.00.) 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that arc part of the state (or local agency) highway system. 4. Local Agency antic ipates a project for the installation of bulb outs, bike lanes and upgrade traffic signals at the Broadway and Mansfield intersection as part of the SRTS program and by the date of execution of this contract, the local agency and/or the State has completed and submitted a preliminary version of COOT form #463 describing the general nature of the Work. The Local Agency understands that before the Work begins, the Local Agency must receive an official written "Notice to Proceed" prior to commencing any part of the Work . The Local Agency further understands, before the Work begins, the form #463 may be revised as a result of design changes made by COOT, in coordination with the Local Agency, in its internal review process . The Local Agency desires to perform the Work described in form #463, as it may be revised. 5. The Local Agency has requested that State funds be made available for project SAR M395-016 (21531) Broadway/Mansfield SRTS referred to as the. "Project'' or the "Work." Such Work will be performed in the City of Englewood, Colorado, specifically described in Exhibit A. 6. The State has funds available and desires to provide 100% of the funding for the work. 7. The Local Agency desires to comply with all state and other applicable requirements, including the State's general administration of the project through this contract, in order to obtain state funds for the project. 8. 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 ExhibitB . 9. 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. and Exhibit B. 10. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 11 . The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of the installation of bulb outs, bike lanes and upgrade traffic signals at the Broadway and Mansfield intersection as part of the SRTS program , in the City ofEnglewood. Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract nnd its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: l. Special Provisions contained in section 27 of this contract 2. This contract Pnge l of It E X H I a I T A 3. Exhibit A (Scope of Work) 4. Other Exhibits in descending order of their attachment. Section 3. Term PO#: 471000986 Routing#: 17-HAl•ZH-00057 This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The tenn of this contract shall continue through the completion ~d final acceptance of the Project by the State, FHW A and the Local Agency. Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the work and is prepared to 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 ExhibitB. B. The Local Agency has estimated the total cost of the work to be S139,000.00, which is to be funded as follows: State funds (Design): $32,960.00 State funds (Construction): $106,040.00 C. The maximum amount payable to the Local Agency under this contract shall be $139,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incumd. , Note: Construction funds of Sl 06,040.00 will not be budgeted until State FY 2017. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. The parties hereto agree that this contract is 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 tcnninated 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 State will reimburse the Local Agency for incurred costs relative to the project following the State's review and approval of such charges, subject to the terms and conditions of this Contract. Provided however, that charges incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged by the Local Agency to the project, and will not be reimbursed by the State. B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of Performance of the Work. not exceeding the maximum total amount described in Section 4. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F .R. 18.22 shall govern the atlowability and allocability of costs under this contract. The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local Agency shall be: I. In accordance with the provisions of Section 4 end with the terms and conditions of this contract; 2. Necessary for the accomplishment of the Work; 3. Reasonable in the amount for the goods and services provided; 4. Actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items ofvaluc received by the Local Agency that have the effect of reducing the cost actually incurred); S. Incurred for Work performed after the effective date of this contract; 6. Satisfactorily documented. C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project funds arc expended and costs accounted for in a manner consistent with this contract and project objectives. 1. All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on tile in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. Page2of 11 • • • • PO#: 471000986 Routing#: 17-HAI-ZH-00057 D. Jfthe Local Agency is to be billed for COOT 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 tho Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between tho parties hereto, tho Local Agency agrees that, at tho request of the State, tho State Treasurer may withhold an equal amount from future apportioMtent due the Local Agency from tho 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 tho 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. E. The Local Agency will prepare end submit to the State, no more than monthly, charges for costs incurred relative to the project. The Local Agency's invoices shall include a description ofthe amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format to be supplied by the State. F. To be eligible for payment, billings must be received within 60 days after the period for which payment is being requested and final billings on this contract must be received by the State within 60 days after the end of the contract term. 1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2 . In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit 3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered from the Local Agency by deduction ftom subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under 49 C.F .R. 18 shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State's election. Section 6, State and Local Agency Commitments The Scope of Work in Exhibit A describes the Work to be performed and assigns responsibility of that Work to either . the Local Agency or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the The Scope of Work in Exhibit A. A. Design [if applicable] 1. 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"), tho responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by COOT. 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 or Local Agency specifications if approved by COOT. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete.\ h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 2. If the Local Agency is the responsible party: Page J of II PO#: 471000986 Routing#: 17-HA l-ZH-000S7 a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in COOT Transportation Projects". b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHW A requirements. c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal-aid funds arc involved in the cost of such work to be done by a consultant, that consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit F attached hereto. lf the Local Agency docs enter into a contract with a consultant for the Work: ( 1) it shall submit a certification that procurement of any design consultant contract complied with the requirements of23 CFR 172.5(1) prior to entering into contract. The State shall either approve or deny such procurement. lf denied, the Local Agency may not enter into the contract. (2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHW A. Such changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall also be submitted. (3) it shall require that all consultant billings under that contract shall comply with the State's standardized billing fonnat. Examples of the billing formats arc available from the CDOT Agreements Office. (4) it (or its consultant) shall use the CDOT procedures described in Exhibit F to administer that design consultant subcontract, to comply with 23 CFR 172.S(b) . (5) it may expedite any CDOT approval of its procurement process and/or consultant contract by submitting a letter to CDOT from the certifying Local Agency's attorney/authorized representative certifying compliance with Exhibit F and 23 CFR 172.S(b). (6} it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: (a) ''The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project The State is an intended third party beneficiary of this contract for that purpose." (b) ''Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project" (c) "The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work." (d) The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make changes therein that the State determines arc necessary to assure compliance with State and FHW A requirements. B. Construction [ifapplicable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the The Scope of Work in Exhibit A. 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 Agreement, as described in the The Scope of Work in Exhibit A. 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. lfthe Local Agency is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perfonn that administration. The LAPE shall administer the project in Page 4 of 11 • • • • • PO #: 471000986 Routing#: l 7-HA1-ZH-OOOS7 accordance with this contract. the requirements of the construction contract and applicable State procedures. b. if bids arc to be let for the construction of the project, it shall advertise the call for bids upon approval by the -State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. · ( 1) The Local Agency has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said bids arc publicly opened. (2) By indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project ifno additional federal-aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded by the State. c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force account), rather than by a competitive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. {I) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHW A in advance of the Work, as provided for in 23 CFR 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs oflabor, equipment rental, materials supplies and supervision necessary to complete tho Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48CFRPart31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Bridge Construction § 109.04. ( 4) All force account work shall have prior approval of the State and/or FHW A and shall not be initiated until the State has issued a written notice to proceed. C. State's obligations 1. The State will perform a final project inspection prior to project acceptance as a Quality ControV Assurance activity. When all Work has been satisfactorily completed, the, State will sign a final acceptance form. 2. Notwithstanding any consents or approvals given by tbe State, for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Local Agency as identified in the The Scope of Work in Exhibit A, within the Work of this contract Section 7. ROW Acquisition and Relocation If the Project includes right of way, prior to this project being advertised for bids, the Responsible Party will certify in writing to the State 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 CFRPart 24); CDOT's Right of Way Manual; and CDOT's Policy and Procedural Directives. Allocation ofResponsibilities 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 ofway-3114 charges); Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or • No federal participation in right of way acquisition (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.dot.state.co.us/ROW _Manual/. 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 COOT after the local agency obtains title. Page S ofll PO#: 471000986 Routing#: 17-HAI-ZH-00057 Section 8. Utititle11 If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certify in writing to the State that all such clearances have been obtained. Section !>, Railroads . In the event the Project involves modification of a railroad company's facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: A. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. B. Obtaining the railroad's detailed estimate of the cost of the Work. C. Establishing future maintenance responsibilities for the proposed installation. D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing, E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The Local Agency shall perfonn 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 Local Agency will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the State and FHW A. The 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 which define the Local Agency's obligations to maintain such improvements . 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 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 pennit 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 13. Termination Provisions This contract may be terminated as follows: A. Tennination for Convenience. The State may tenninate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof; at least twenty (20) days before the effective date of such termination . • B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, 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 tennination 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. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Page 6 ofl I • P0#:471000986 Routing#: l 7-HAl-ZH-OOOS7 Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. C. Termination Due to Loss of Funding, The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State, In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 14. 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 lS. Representatives and Notice Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to but not in lieu of a hard,copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent Unless otherwise provided herein, all notices shall be effective upon receipt lfto State COOT Region: I Joy French Project Manager 2000 S Holly St Denver, CO 80222 303-757-9528 Section 16. Successors Ifto the Local Agency City of Englewood John Voboril Project Manager 1000 Englewood Parkway Englewood, CO 80110 303-783-6820 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 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person . It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 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 th e 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.RS., as now or hereafter amended. Section 19. Severability Page 7 of II PO#: 4710009!6 Routing#: 17-HAt-ZH.000S7 To the extent that this contract may be executed and perfonnance 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 tenn or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other tenn or provision hereof. Section 20. Waiver The waiver of any breach of a tenn, 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 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 12. 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 tennination date and shall be enforceable by the State as provided herein in the event of such failure to perfonn 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 law. Section 24. Disadvantaged Business Enterprise (DBE) The Local Agency will comply with all requirements of Exhibit C regarding DBE requirements for the Work,'except that if the Local Agency ~csircs to use its own DBE program to implement and administer the DBE provisions of 49 CFR Part 26 under this contract, it must submit a copy of its program's requirements to the State for review and approval before the execution of this contract. If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (ifprovided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for its we as described above. Section 25. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In coMection 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 coMection 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. • • Section 26. Statewide Contract M11nngement System • If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §Statewide Contract Management System applies. Contractor agrees to be governed, and to abide, by the provisions of CRS §2-t.102-205, §24-102-206, §24-103-601, §2-t.103.5-101 and §24-105-102 Page B of II • • • PO#: 471000986 Routing#: 17-HA l-ZH-00057 concerning the monitoring of vendor perfonnance on state contracts and inclusion of contract perfonnance information in a statewide contract management system. Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of 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 Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection ofinfonnation 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 Contractor's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation. Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. hould the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportaion , and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107,201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. Section 27. Special Provisions. The Special Provisions apply to all contracts except where noted in Italia. 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 tenn 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 §24-10-101 et seq., orthc Federal Tort Claims Act, 28 U.S.C. §§1346(b)and2671 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 arc 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 ofits 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 he rein 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 this contact or incorporated herein by reference shall be null and void, 8. SOFI'W ARE 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 Page 9 of II PO#: 471000986 Routing#: 17-HAI-ZH-00057 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 Slate detennines 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 performance of Contractor's services and Contractor shall not employ any person having such known interests. I 0. VENDOR OFFSET. CRS §§24-30-202 (I) 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, accraed 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 owing to the State as a result of final agency detennination or judicial action. 11. PUBUC CONTRACTS FOR SERJIICES. CRS §8-17.S•lOI. [Not Applicable to agreements relating to the off er, 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, warrant.r, and agrees that it does not knawingly employ or contract with an illegal alien who will perform work under this contract and will corifirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under thi,t contract, through participation in the E-Vertfy Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an il/egal alien to perform work under thi§ contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knuwingly employ or contract with an illegal alien to perform work under this contract Contractor (a) shall not use E-Verijj, Program or Department program procedures to undertah pre- employment screening of job applicants while this contract is being performed, (b) shall notijj, 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 il/egal alien within three days of receiving the notice, and (d) shall comply with rea.ronab/e requests made in the course of an investigation, undertahn pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. q Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher &Iucation 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 OJ 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 Wim NATURAL PERSONS. CRS §24-76.5•101. Contractor, ifa natural person eighteen (I 8) years of age or older, hereby swears and affinns 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 ofCRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. Revised 1-1-09 Pngc lOofll • • • • • • PO#: 471000986 Routing#: 17-HAI-ZH-00057 Section 28. SIGNATURE PAGE THE PARTIES HERETO HA VE EXECUTED THIS AGREEMENT • Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Aeency's behalf and acknowled2e that the State is relylnll! on their reoresentations to that effect. THE LOCAL AGENCY STATE OF COLORADO CITY OF ENGLEWOOD John W. Hickenlooper Department of Transportation By: Joe Jefferson Title: Mayor By Joshua Laipply, P.E., ChiefEngineer (For) Shailen P. Bhatt, Executive Director •signature Date: Date: 2nd Local Agency Signature If needed STATE OF COLORADO LEGAL REVIEW Name: Cynthia H. Coffman, Attorney General (print name) By: Title: Signature -Assistant Attorney General (print title) Date: •signature Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §14-30-202 requlra the State Controller to approve all State Agreements. n1s Agreement Is not valid until signed and dated below by the State Controller or delegate. The Local Agency ls not authorized to begin performance until such time. Ir The Local Agency begins performing prior thereto, the State of Colon.do Is not obligated to pay The Local Agency for such performance or for any goods and/or services pn,vlded hereunder, STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ____________ _ Colorado Department of Transportation Date: Paga ii of II SCOPE OF WORK This is a Safe Routes to Schools (SRTS) Project with Englewood, Colorado. The Broadway/Mansfield Intersection will be upgraded with bulb outs, ADA compliant curb ramps, and traffic signals. Ten foot wide high visibility crosswalk markings and flashing warning signage will be installed as well. Bicycle lane markings will be installed on Mansfield through the Broadway intersection. The education component will be paid for with 100% local funds for $3,375.00. Exhibit A -Page 1 of I • • • Local Agency Resolution or Ordinance EKhibit B COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: November 7, 2016 9biii Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (COOT) to Accept Safe Routes to School Grant Funds -Second Reading Initiated By: Staff Source: Community Development John Voboril, Planner II PREVIOUS COUNCIL ACTION Community Development presented to City Council a number of potential Safe Routes to School grant projects at the December 7, 2015 City Council study session. City Council was favorable to staff returning to Council at the January 4, 2016 regular meeting with final recommended applications. City Council approved a motion directing Community Development to apply for the Broadway/Mansfield and Broadway/Tufts Enhanced Safety Crossing projects. Community Development was successful in obtaining funding for the Broadway/Mansfield project. City Council approved the Safe Routes to School lGA with COOT on first reading at the October 17, 2016 regular City Council meeting. • RECOMMENDED ACTION Community Development staff recommends Council approval of an IGA with COOT to accept Safe Routes to School grant funds for the Broadway/Mansfield Enhanced Safety Crossing project by ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Safe Routes to School is a nationwide federal program that is administered by state transportation departments. Governor John Hickenlooper directed $2 million to the Safe Routes to School infrastructure program as part of a larger statewide Colorado Pedals initiative for 2016-17. After reviewing the COOT Safe Routes to School grant criteria, and holding discussions with COOT officials, Community Development staff concluded that the most compelling and most needed project would be the Broadway/Mansfield Enhanced Safety Crossing . The Engl~wood Middle School had recently moved to the redeveloped Englewood Campus located at Mansfield Avenue and Logan Street. In addition to the Broadway/Mansfield project, Community Development staff also applied for an additional crossing located at Broadway and Tufts Avenue, which would also serve Cherrelyn and Clayton Elementary Schools. This project did not receive funding. The Broadway/Mansfield project was the last of seven projects funded in Colorado, and so was not awarded the full amount requested by Community Development based on the normal 80% state, 20% local split. The project cost will be 53.4% state, 46.6% local. The Broadway/Mansfield Enhanced Safety Crossing project will feature bulbed-out corners that will effectively shorten the crossing distance for pedestrians. The pedestrian crossings will be enhanced by high visibility crosswalk markings. Flashing warning signage will be installed to warn Broadway drivers approaching the crossing. Bicycle lane markings will be provided for • bicyclists approaching the Broadway intersection on Mansfield Avenue. Obsolescent traffic signals will also be replaced in conjunction with this project. FINANCIAL IMPACT The Broadway/Mansfield Enhanced Safety Crossing will be funded through the Road and Bridge fund. The City will receive $139,000 from COOT and will fund the total estimated project cost difference of $121,358. The city will contribute an additional estimated $63,550 for the traffic signal replacement. LIST OF ATTACHMENTS Bill for an Ordinance Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (COOT) to Accept Safe Routes to School Grant Funds Broadway/Mansfielrt Enhanced Safety Crossing Concept • . , COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: October 17, 2016 11 aii Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (COOT) to Accept Safe Routes to School Grant Funds Initiated By: Staff Source: Community Development John Voboril, Planner II PREVIOUS COUNCIL ACTION Community Development presented to City Council a number of potential Safe Routes to School grant projects at the December 7, 2015 City Council study session. City Council was favorable to staff returning to Council at the January 4, 2016 regular meeting with final recommended applications. City Council approved a motion directing Community Development to apply for the Broadway/Mansfield and Broadway/Tufts Enhanced Safety Crossing projects. Community Development was successful in obtaining funding for the Broadway/Mansfield project. RECOMMENDED ACTION Community Development staff recommends Council approval of an IGA with COOT to accept Safe Routes to School grant funds for the Broadway/Mansfield Enhanced Safety Crossing project by ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Safe Routes to School is a nationwide federal program that is administered by state transportation departments. Governor John Hickenlooper directed $2 million to the Safe Routes to School infrastructure program as part of a larger statewide Colorado Pedals initiative for 2016-17. After reviewing the COOT Safe Routes to School grant criteria, and holding discussions with COOT officials, Community Development staff concluded that the most compelling and most needed project would be the Broadway/Mansfield Enhanced Safety Crossing. The Englewood Middle School had recently moved to the redeveloped Englewood Campus located at Mansfield Avenue and Logan Street. In addition to the Broadway/Mansfield project, Community Development staff also applied for an additional crossing located at Broadway and Tufts Avenue, which would also serve Cherrelyn and Clayton Elementary Schools. This project did not receive funding. The Broadway/Mansfield project was the last of seven projects funded in Colorado, and so was not awarded the full amount requested by Community Development based on the normal 80% state, 20% local split. The project split will be 53.4% state, 46.6% local. The Broadway/Mansfield Enhanced Safety Crossing project will feature bulbed-out corners that will effectively shorten the crossing distance for pedestrians. The pedestrian crossings will be enhanced by high visibility crosswalk markings. Flashing warning signage will be installed to 2 warn Broadway drivers approaching the crossing. Bicycle lane markings will be provided for bicyclists approaching the Broadway intersection on Mansfield Avenue. Obsolescent traffic signals will also be replaced in conjunction with this project. FINANCIAL IMPACT The Broadway/Mansfield Enhanced Safety Crossing will be funded through the Road and Bridge fund. The City will receive $139,000 from COOT and will fund the total estimated project cost difference of $121,358. The city will contribute an additional estimated $63,550 for the traffic signal replacement. LIST OF ATTACHMENTS Broadway/Mansfield Enhanced Safety Crossing Concept Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (COOT) to Accept Safe Routes to School Grant Funds Bill for an Ordinance •