HomeMy WebLinkAbout2010 Ordinance No. 051•
ORDINANCE NO . 5l
SERIES OF 2010
BY AUTHORITY
COUNCIL BILL NO . 46
INTRODUCED BY COUNUL
MEMBER WILSON
AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMENT (!GA)
REGARDING AMENDMENT 0. I TO STATE SENATE BILL 8, TRAFFIC SIGNAL
MAINTE ANCE CONTRACT, ADDING CONTRACT MANAGEMENT SYSTEM (CMS)
LANG UAG E TO THE ORIGINAL CONTRACT.
WHEREAS, the Engl ewood City Council previously approved severa l ordinances entering into
agreements wit h the Colorado Depa rtment of Transportation (COOT) allowing COOT 10 reimburse
Englewood for costs associated with highway maint enance services on state highwa ys within
Englewood city limits ; and
WHEREAS, by the adoption of Colorado State Senate Bill No . 8 of 1974, COOT assumes
responsibility for all traffic control devices in the state highway system within local jurisdictions.
including the cos ts assoc iated with th e above mentioned functi ons; and
W'. 'EREAS , since COOT does not have the necessary personnel and equipment level s 10
accomplish these obligations, the City has entered into numerous contracts with COOT for
reimbursement of costs linked with the City 's operation and maintenance services of traffi c control
devices on stale highways; and
WHEREAS , Stale highw ays within the Cit y of Englewood for which we pro ·,idc th ese services
inc lude Belleview Avenue and Hi ghwa y 285 ; and
WHEREAS , the Englewood Ci ty Co uncil authori zed a contrnct with COOT fo r Traffi c Signal
Maintenan ce functions on Stale hi ghways by the passage of Ordinance No. 3, Series of 2009/20 I 0;
and
WHEREAS, the ori ginal Traffic Signal Maintenance contract did not includ e statu tory requ ired
Co nt ra ct Management System (CMS) language and still awai ts exec uti on by COOT ; and
WH EREAS, the pa ssage of this Ordinance, Amendment No . I, adds the CMS language 10 the
orig inal Tra tlic Signal Maint enance Contrac t approved by ordinanc e No. 3, Series of 2009/20 I 0;
OW , THEREFORE , BE IT ORDAINED BY THE CITY COUN lL OF TH\: CITY OF
E GLEWOOD. CO LORADO , AS FOLLOWS :
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Section I. r1 1e Ci ty Cou nci l of Enr,lc wood. olorn do. hereby au thori zes Am cndm cni No. I. •
of 1he Tr:iffic Sig1,nl ~lai n1rnan cc Crnt rnc1 \\'hich cove r3 th e om iss 1 n ofContrn r.:t Mnnngcmcn t
Sys1c111 IC~IS} lnnguagc to tJ 1c orii.:nnl Traffi c Sign al ~tai111cnancc Co,11ra c1 be tween th e
Co lorad o DL'parnnent of Tran spr ,iation and the it y of Englewood. Colom do fo r COOT 10
reimburse 1hc City 0f Eng!c wr "d fo r CO:t l!t a~srci:11cd wuh highwa y mam tcnn ncc scr\'i ccs on
srn 1c highways within Engk.wood City limit s in the amount of S67,416.2 4 per year fo r a five year
period . n co py of which i., aunc hcd hereu as Exh ibit A.
Scctiru.11 . Th e ~1 1yo r is hereby auth ori zed 10 sign and 1hc ity Cler k 10 allc st sa id IGA
Amcrd 1r~nt No . I. 1ictwccn ClJ OT for and on behalf o f th e City o f Englewood .
lmrod uced. rcaJ in full , and pa ssed on first reading on 1h c 61 h da y of Dec ember .20 10.
Pu bli shed by ·,·itlc as a Bill for nn Ordina nce in the Ci ty's officia l newspaper on th e 101h dn y of December. 20 I 0
Pu bli shed as a Bill for nn Ordinance on the Cit y's offi cial we bsi te beg inn ing on lh l! 8th dny of Dec ember. 20 1,) for 1hin y (30) dn)s.
Rend by ~Il le and pa ss ed on final rl!ading on 1lic 201h da y of December . .:?JI0 .
Pur:1 shcd by 1i1lc in 1hc C11 :✓·:i officia l 11C\\:i p:1pcr 11!! Ordin;incc 10.$}_, Series c1 f 2010. on lite :41 h da y of Dece mbe r. 2010 .
Pub li shed by 1itlc on rh c City's offici;il wcb~11 c beginning (HI the :!:!nd day nf
Uccember. 2010 for thin) ()0) days.
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AfTE tf · ,/; /
~lft(ldki~ 1.({;'
James K. Wooclwnrd . i\lnyor
I ouc ri!-.hi :1 A. Fl/is. ity Clerk
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CONTRACT AMENDMENT
Amendment #1
1) PARTIE S
Original Contract CMS# 10 HAG 03848 Amend ment CMS# 11 HAIO0O OOJ
PO 271001034
This Amendment to ihe above-referenced Origin al Contract (herei nafter calle d th e Cont rac (is
en tered into by and between CITY OF ENGLEWOOD (herei nafter called "Contractor"), andhe
STATE OF CO LORADO (here inaft er called the "State ') acting by and through the Departmnt of
Tra nsportat ion , (herein aft er called 'CO OT').
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amen dment shall not be effective or enforce able until it is appr oved and sig ned by theColorab
St ate Controller or designee (hereinafter called the "Effect ive Date "). The State shall not belable ti
pay or reimburse Contractor for an y performance hereunder including, but not lim ited to , cots or
expenses Incurred, or be bound by any provision hereof prior to the Effective Date.
3) FACTUAL RECITALS
The Parties entered Into the Con tract for th e mainte nan ce of signals on state highways .
4) CONSIDERATION
The Parti es acknowledge that the mutu al prom ise s and covenants conta ined herein and otler g'lol
and valuable consideration are su fficien t and adequat e to support th is Amen dment.
5) LIMITS OF EFFECT
This Amendment Is incorporated by reference into the Contract , and the Co ntract and all prbr
amen dments theret o, if any , rem d:~ in fu ll force an d effect except as specifically mod ifie d hirei n .
6) MODIFICATIONS.
The Amendment and all prior amendme nts thereto, if an y, are modified as follo ws: Add the Contrart
Management Sys tem as Sectio n 22 and re na me the Spec ial Provi sions as Section 23 .
a. Section 22 Special Provisions
Sectio n 22 Special Provisions sh all be renam ed Sectio n 23 Speci al Provis ions .
b. Section 22 Sta ~w lde Contract Management System
If the ma xi mum .mount payable to the '..o~al Agency und er this Agreement is $100 ,0o:> or
greRter, eit her on th e Effective Date or at anytime th erea ft er, this §22 applies .
The Loc al Agency agrees to be gove rn ed, and to abide, by the provis ions of CR S §24-102 -205,
§24-102-206, §24-103-601 , §2 4-103.5-101 and §24-105-102 concerning the monito ri119 of
vendor performance on state agreements /contracts and inclusion of agreemenVcontract
performance information in a statewide contract managemen t sys te m.
The Local Agency 's performance shall be subj ect to Evaluation and Review in acco rdance wth
the terms and conditions of this Agreemen t, State law, including CRS §24-10 3.5-101, and State
Fiscal Rules, Po licies and Gu id ance. Eva lua tion and Review of the Lo cal Age ncy's performance
shall be part of th e normal Agreement administration process and the Loca l Agency 's
performance will be. systematically re co rded in the statewide Agreemen t Manageme nt Syste n.
Areas of Evaluation and Review shall inc lude, but sha ll not be lim it ed lo quali ty , co st and
timeliness. Collection of information relevant to the perfom;a nc e of th e Loc al Agency 's
obligations und er this ,11 greement sha ll be dete rmi ned by the specific requirements of such
o' 'i gations and sha ll in~lu de factors t3i lore d to match the req ui reme nts of the Loca l Agency's
oblig ati ons . Such performance informatio n sha ll be ente re d into the statewide Co ntra ct
Management Syst em at intervals estab lish ed he rei n and a final Evaluation , Review and Rating
shall be ren de red wi th in 30 da ys of the end of the Ag reem en t term . The Local Agency shall be
notified follo win g each performance Evaluation and Review , an~ sha lf address or correct any
ident ifi ed problem in a timely manner and mainta in work progres ti .
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'.,1,o ulcl Ilic linal pe rfo,mance Ev al uation and Review de\er m111c tha l the Local Age ncy
drnnu11str al ed a gro ss fa ilu re to meet \he pe rformance measur es es tablish ed he re under, \he
Ex6cu\ive Di rec tor of the Colorado Departme nt of Per so nn el and Administration (Exe cu tive
Director), upon reau es\ by CDOT, an d showing of good cause, may de ba r the Local Agency am
prohibit the Loc al Agency from bidding on future Agreements . 'ine Lo ca l Agency may co nte st
the fina l Ev aluation , Review and Ratin g by: (a) filing rebutt al statements , which may res ult in
e,;11,~r remo val or correction of the evaluation (CR S §24-105-·102(6)), or (b) un der CRS §24-105-
102(6), exercis ing the debarment protest an d appeal rights provided in CRS §§24:109-1 06, 107,
201 or 202, wh ich may result in the re versa l of the deb nrrnent and re instatement of the Local
Agency, by th e Executive Directc upon showing of good cause .
7) START DATE
This Amendment sha ll take effect upon \he date of \h e Sta te Controlle r's Si gn ature.
8) ORD ER OF PR ECE DEN CE
Except for the Special Provisions, in th e event of any co nflict, inconsistency , va riance, or ~ontradlctlon
between the provisions of !his Am~ndrnen\ anj any of th e provisio ns of th e Contract, the provisions of
this Amend ment sh all in all respects supersede, govern, and control. The most re cent versio n of the
Spe cial Provisions incorporate d in to \he Contrac t or any amendment sha ll always con trol oth er
provisions in \h e Contract or any amend men ts ,
[fhe re maindor of th is page inten tio nall y left bl ank]
AVAILABLE FUNDS
Financial obli gat io ns of the state payable after the currer.\ fiscal year a re contingent upon fund s for
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that purpose be ing a ppro pri ated , bu~geted , or otherw ise made av:::il able .
THE PART IES HERETO HAVE EXECUTED THIS AMENDMENT I
· Persons signing for Contractor hereby swear and affirm that they are authorized to act on Cont ractor 's
behalf and ack nowledg e that the State Is relying on th eir representations to that effect.
THE LO CAL AGENCY STA TE OF CO LORA DO
C ity of Englew ood , Co lorado
By : J ames K . Woodward B,11 Ritter, Jr. GOVERNOR
Name of Auth ori zed Indiv id ual Co lorado Departm ent of Tran sportation Title: Mavor
Offici al Titl e of Authori zed Individua l Ru sse ll George, Execu ti ve Di rector
•S ignatu re By: Pam Hutt on, COOT Chi ef Engin ee r
Date: Date:
It LEGAL REVIEW
John W. Sut hers. AttGrney Ge nera l
t
Signature -Ass istant At1 omey Gen era l
Dn1c:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24 -30 -202 re quir es th e State Controller to approve all State Contracts . This Co ntra ct is not valid until
signed a nd da ted below by the State Controller or de lega te. Co ntractor Is not auth ori ze d to begin
performa nce unti l such time . If Contractor begins performing prio r thereto , th e State of Colorado is not
~-obliqated to Pa t Con tra ctor for s uch eerformance or for any qoods and/or serv ices pro vi ded hereun de r.
I STATE CONTROLLER
I
David J. McDermo tt , CPA
By:
L _ Department of Transportation
1·
Date:
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co · 1CIL OMM NI 11 0
Agenda 11 cm:
uhjctl:
D ate:
\GA '"'h COOT ,egard1ng Sena te B11\ 8 Tr,ll\lC
~,gn.11 \l,1111h'n1ncc ron1ract Ame ndmen t ~ 1
Oece111ber 6, "0 lll
1at .urcc:
Oepar1men 1 01 Publi c \\'01 •• R1< • ".,hn• oir,•ctor L,n!d \ oc..tr,. Tri\111 Engmeer In iti at ed B,:
COUNCIL GOAL A '0 PRE 10 S CO CIL ACTION
Cit) Co uncil has appro\ed ;, ,erous b,11, uir mclmant•'' en 1c rn1~ mil> ,1gre e1nen1S '"'h 1he
Colora d o Depart men t oi1ranspor1 a1ion 1C DOTI w .,llo" COOT 10 re1111 urse 1he ,1, 01
Englewood ,or cost s associa ted '"'h high"•' 1n.11111enance se"ices on S1a1e high""'' '"thin
Eng\e"oo d c,t, limits. Stal la I d,scussed 1h,s ll\J 11 er '"'h ,1, ounu\ at 1he \ul • 6, "OO<J Stud\
Sess,on , ,\O d Council adop ted a bill tor an ,,rc1 11,,11lle Ill enter into,, contr ac l '"'h COOT ,or Tra nic
Signal 1amt enance 1un c11ons on State h1i;h ,,,11, Ord1n.1nce ,o l, Series 1 "ooq '"()\0.
RE CJMMEN0£0 ACT IO
Stan ,.,,om111ends 1hal Counul .,,,prmc ., b1\l l<'I .,n ,n hn .11 " ,. 10 •1110 1 111tn .111 ,1)\1ee111enl '"'h 1he
Colo r,,do Oep.utlllenl 01 Transp orl,1 11l1" ,conr,. "'""", '"'r' ""' "'"'"'"n ol Contr,lCI
~1ana~elllen 1 Svswm 1(~\S\ l.,ngu ,,ge ,n 1\w nn~111,1I t"''''",
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BACKG ROU O , ANA LYS IS, A O ALTER 1'AT1VE S IDfNTlf lED
The on~111 ,1\ Tral ,c Signal ~'•""'""·""" ,, 111r,1· 1 rl11I 11111 ,n,h,,I,• C ,,n 11 ,1d \\,111age11ien 1 s,,1 ''"
I ,,s la11gua~e and" ,1111 ·'"'""'!\ ,-ecutlllll '" conT ',1111•11dnw111; I .,dch 1he C ,s \a11g11.1s1•.
·" required h, st ,1 1u1e, 10 1he ongin,11 \(,.\ T\w conr l 111111 0\1,•1, ()111,e "\11,h ,, w\lo,"ng 1he
,1,,h· r.,ntr-•11,·r', nrck-rs , "reqt11nn)\ 1h" .1111,•ndnwn \ 11 '"' "'"u\l,,n,•1111,I, routed '"'h 1he h ,i,ll
,,,t 1 t 1nr ,,,.~culll·I\ ~\l <. l)C l1
The,.,,.,\ c,11 re 1111bur"'""'"' ,,m,,111\1 "'"'·""' 11mh,11 " 1.,1 s. -I \I< ~-1 pt•I \' ·" ( l)()T P·'""''""
10 1he (11\ ,h,111 be on ,, \u111p ,uni' ,n,.n1hh h,,,,s ul ~·,.nltt.11" \lwf<' ,111• "" 1111,\\1<1,1\ ,hh)\JI "''"
wr he (1 11 oth er 1h,111 pr o\lU U\\\ 1und, up ,r onl 1, ,r 111,11111e1i.111<<' .,ml "l"'r ,unn wf\" ,.,.\\hi< h .,11·
\,11 ,•r rc1111burse d h, liJOT. Adequ,11< 111nd, Jre ,1\,11\,1hl e 1111\w [ralllt Lng11w1•rn1 & \)l\1>1011 b11cl\\1'I
.,n,i Tian,portauon ~,·s1e111 l pr,r,1de actounl to sa\l\l,1tlunl\ 1wr!11r111 n,•«'"•'" 11 pe1,111 on ,,nd
ll\,\ln;,•n,)llll'"'l'f\llt'':-t
l'I AN 1,\1 IMP ,\CT
LIST OF ATTACHMENTS
E,is ting Contrac t (\G A) betw een CDOT and Ci ty of Engle1 ,oo d
8111 fo r an Ordinance •
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C ty of Eng lew oo d
CONTRACT
THIS CONTRACT made this_ day o( ____ _
10 HA6 03848
ID 271001034
20_, by and be~veen the Stale o(
Color ado fo r the use and benefit of th e Co'orado Department of Transport ati on hereinaft er referred to
as the State and CITY OF ENGLEWOOD, 1000 Englewood Parkway, Englewood, Colorado 80110-
2373, COOT Vendor#: 200002 1, herein atterre(erred to as the "Local Agency" (or "Contractor" in the
Special Provision s)
RE CITAL S
1 Authority ex ists in the law and (unds have bsen budgeted, appropriated and otherwise made
availab le and a sufficient uncommitted balance thereof remains available (or payment of project and
Local Agency costs in Fund N1 ,mbe r 400, Function 2300, GL Acct. 454 1000010, Cos/ Center
R6S58300, (Contract Encumbrarce Amount: $67,416 .24).
2. Required app ro val, clearance and coordinailon have been accomplished from and with appropnate
agencies .
• 3. Section 43-2-135(1 )(i) C.R.S, as amen ded, requires the Stato to install, operate, main tain
and contro l, al State expense, all traffic control devices on the state highway system wi thin cit 1e,·
arid inco rporated towns ; and;
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4 The parties desire to enter this Contract (or the Con tractor to provide some or all o( the
certain ma intenance services on state highways that are the responsibility of the State under
applica ble law, and for the State lo pay the Contractor a reasonable negoti ated (1xed ra te for
suc h serv ices ;
5 The parties also intend that the Contracto· shall remarn responsible to perform an y services
an d dJties on state /1 igl1ways that are the resp ons1b11i ly o( the Cont ract or under appli ca ble law, al
1tt: own cost;
5 The Stak and 1110 C ntractor have the aL.tho11ty, as provioed in Sections 29--203 , 43-1-106 ,
43-2-103, t.3-2-104, and 43-2-144 C RS, as amended, and 1n applicable ordinance or
resolu tion duly passed and ado pt ed by the Contractor , to ent er into contract with the Contractor
1or the purpose of ma intenance of traffic cortrol devices on t11e state highway sys tem as
hereinafter set fort11 : and
i The Cont ractor has adequa te facil111es to perform tne desired maintenance 'Services on State
liighways \', ithin its juris diction .
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THE PARTI ES NOW AGRE E THAT ·
Section 1. Scope of Work
All of the specific locat1 on(s) and type(s)of traffic control dev1cc(s)to be operaleu and
maintained by the Contractor pursuant to this contrac t are described ln Exhibit A , attached
hereto and incorporated herein Such services a,1c< highways are further detailed in Section 5.
Secti on 2. Order of Precedence
In the even t of conflicts or inconsistencie s between this contract and its exhibits, such conflicts
ur I consistencie s shall be resolved by reference lo the documents In the fo llowing order of priority:
1. Spacial Provisions contained 1n 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 orde r of the ir allachmenl.
Section 3. Term
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T his conlract shall be effective upon approval of the Stale Controlle r or designee, or on lhe
dale made, whichever Is later. The term of this contract shall be for a term of FIV E (5) yea rs .
Prov id ed, how~ve r, that the State's fina ncial obligation ior each subsequent, consecutive fisc al yea r
of that term altar the first fiscal year shall be subject to and contingent upon funds for each •
subsequent year being appropriated, budgeted , and otherwise made available the refore .
Section 4 , Proje ct Funding a nd Payment Provisions
A. The Local Agency has estimated the lolat cost of the work and is prepared to accep\ the
sta te fu nding for the w ork, os evidenced by an app ro pria te ordinance or res olution duly passed and
adopted by the authorized representatives of the Loca l Agency, which expressly au thorizes tho
Local Agency to en ter Into this contr act and to co mplete the work under th e project. A copy cf this
ordinance or resolution is allached hereto and incorporated herein as Exhibit B
8 . Subject to the terms of this Contract, for the satisfactory performance of the mainte,,ance
serv,cc s on the Highways, as described in Section 5, th o State shall pay the
Co ntracto r on a lump sum bas is, payabl e 1n rno n' 1\y inst allments , upon re ce ipt of the
Con tra ctor's stat eme!"\ts , as provided herei n
; . The State shall pay the Contractor for the satisfa ctory operation and ma in enance of
traffic control devices under th is contract at the ra tes described in EKhlblt 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 yea r beginning July 1 and ending l une 30 of the
following yea r shall not exceed an annual maximum amou,. ,f $67,41 6.24 with out the
benefit o! a supplemental ag reement executed pri or to any such excess charges oeing
incurred . Contractor bi lling s and State payments for each of the traffic control devices
listed in Exhibit A shall be on a "lump sum" basis, In acr.o rd ance with the rates described
in Exhibit C, subject to the maximum amount describen above. The Contractor will bill th e
State monthly and the State will pay such bills w1 th1n Gn days .
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2. The statements submitted by the Contractor for which payment is requested shall
contain an adequate desc,1ption of the type (s) and the quantity(1es) of the main tenance
services performed, the date(s) of that performance, and on wh ic h spec ific sections of
the Highwa ys such seivices were performed , in accord with standard Contractor billing
standards .
3. If the Contractor fail s to satisfactorily perform the maintenance for a segment of the
Highways (or portion thereof), or if the statement submitted by the Contractor does oo t
adequately docurienl the pa)•ment requested , after notice thereof from the State, t he State
may deduct and retain a proportionate amount fro m the monthly payme•,i, based on the
above rate , for that seg ment or po rtion.
Sec tion 5. State and Local Ag ency Commitme nts
A The Contractor shall perform the "highway maintenance services" for the certain Slate Highway
System segments descnbed he re in. Such services and highways are det ai ed in Section 1 (or
Ex h ib it A).
B. The Contractor shall operate and ma int:Ji n the specific traffic control devices, an d at the
particular locations, all as listed on Exhib it A: 'tha Work"), In a manner that is consistent with
curren t pub lic safety standards on stste highways within its jurisdictional li mits, and in
conformance with applicable porti ons of the "Manual on Unifo rm Traffic Control Devices" and the
··co lorado Supplement" thereto, which are referred to collectively as the "Manual" and which are
inc orpo rate d herein by reference as terms and co nditions of this Cont ract. The Contractor shall
prov .de all personnel , equipment, and other services necessary to satisfactorily perform such
operation and maintenance .
C. The State shall have the option to add or de lete, at any tim e during the te rm of \h is
Contract , .ne or more specific traffic control r.evices from those listed in Exhibit A , and
therefore amend the W ork to be performed by \he Contracto r under this Contract. The State
may amend Exh ib it A by writte n notice to th e Contractor using an Op !i on Letter substant ially
eq uivalent to Exhib it D.
D. The Contra ctor m~y propose, 1n writi ng, othe r potenfo; I specific traffic control devices to
be oper ated and ma•n ta1ned by the Contractor during the tern of this con tract, based on the
same rat es \hat had been initially ag reed to by the l,ontracto• in Exhibit C. If the State
de te rmines in v,riting that operat ion and ma ir tenance at thr,se other devices by the Cont ract or 1s
ap propriate, and is de sirable to \he State, and if \he Sta te agree s to add suc h devices to this
co tra , then the ~tate sha 1I by written O ti1Jn LJH3i issL.ed to the Co11 tr~c tor m c1 form
suhs\an\lally eouivalent :o Ex hibit D, add such devices to th is contract
E. The r.on tra ctor shal pe rform all n:air,tenance services on an annual basis . Tl1e
C' 1 ill ac tor's
perforr Jncr of such se cvices s~all co 1ply with the same standards t11at are currently used by
the State for the State 's perfor ma nc e of such services, for similar type highways with simil ar use,
in that year, as determined by th e 3 \a te . The State's Regional Transportation Director, or his
representative, sha !J determ ine !he then current app/icab/e ,r<:11ntenance standards for the
ma in tenan ce services . l,ny standards/directions provided by the State 's representative to the
Contr .i ctor concerning ~he maintenance services shall be 1n writing . The Con tractor shall
con tact \he State Rcg1c" ofi,ce and obtain \hose standards before \he Contractor performs such
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serv ices.
F. The Contractor shall perfo rm the maintenance services In a satisfactory mann er and In
acc ordance with the tenms of th is Contract The State re serves the rlght to determine the proper
quantity and qua lity of the maintenance services perfnrmed by the Contractor, as well es the
adequacy of such service s, und er th is Contract. The State may withhold payment , If necessary,
until Contracto r performs the maint enance serv ices to th e Sta te's satisfactio n. Th e State will
notify the Contractor In writing of any deficiency In the mai nten ance services . The Contractor
shall commence corra ctlve actio n with in 24 hours of rece iv ing actual or constructive notice of
such deficiency : a) from the State; b) fro m Its own observation; or c) by any other means. In the
eve nt the Contractor, for an y reason, doas not commence or Indicates wit hin 24 hours they
cannot cermet the deficiency, tho State reserves the ri ght to cermet the deficie ncy and to ded uct
the actual cost of such work from the subs equent payments to the Contractor, or to bill the .
Co ntractor for su ch work
G. Performance Measures shall be ecoc unrad for within the duration of this contract and will
be associated with slgnel/electrlcal mel ntenence. Th ese Measures shall be addreseed biannually
and for every six month perlod of the con tract. Perfo rmance records shell be ke pt by the
Contracto r end a copy sent to the CDOT,Project Manager listed In this contract. The Co ntractor
shall submit performance documentati on to the CDOT Project Ma nager se mi-annually along with
the payment requests every April and Octobe r. Performance mea su re s shell be conducted on all
devices ·nstod In Exh lhlt A.
Section 6. Record Keeping
The Local Agency shell maintain a co mplete file. of ell racortls, docu r,•,ants , commu-
nica tions , end other writte n meterla ls, which pertain to the ,osls lncurmd under this contract. Tho
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Loca l Agency she ll maintain suoh recortls for a period of thr<,s (3) years after the date of •
te rmi na tion of thi s ocn\ract or final payment here un de r, whic heve r Is later, or for such furth er
perlod es may be necessary to reso lve any matters which may be pendi ng .· The Local Agency
sha ll rr.ake such materlals ava ila ble for Inspection et ell raasoneble times end shall permit duly
autho·,1zed agente end employees of the State end FHWA to Inspect the project end to Inspect ,
review and audit the proj ect racorde .
Section 7. Te rminati on Pr uvls lons
This contract may be term inated as follows:
Th is Contract may be terminated by either party , but only et the end of the State fiscal year (June
30), and only upon written notice th"eof sent by regls te rad, prepa id mall and recei ved by the
no n-termi nating party not later then 30 ce lend ar da ys before the end of th at fi sce l year. In that
eve nt , the State shel l be respons ible to pay th e Co ntractor only for that portio n of the traffic
co ntrol device maintenance services actua lly an d satlsfectorl ly performed up to the effectiv e date
of th at termination, and the Contractor shall be responsible to provide such se rvi ces up to that
dete, and the parties shell have no other obllgellons or llabilltles resulti ng from that termination.
Section B. Legal Authority
The Local Agency warrants that It possess es the lega l authorlty to enter In to this contract
end thet It hos taken ell actions required by Its procedure s, by-laws ; and/or applicable law to
exercise thet authority, and to lawfully authortze Its unde111lgned signatory to execute th is co ntrac t
and to bi nd the Local Agency to Its terms. The pe rson(s) executing this oor,•rect on behalf of the
Pago4 ofl l •
• ~oca l Agency warrants t1a t such person (s) has fu l! aut norizat 1on to ox ec Jte 1his con tract
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Section 9 . Represe nt atives and Notice
The State will provida lia ison with the Local Agen cy through the State's Region Director ,
Region 6, 2000 South Holl)', Den ver, CO 80222. Said Region Director will also be responsible fo r
coordinating the State's activities under th is contract and w,11 also issu e a' Notice to Proceed" to the
.ocal Agen cy fo r commencem ent of the Wo rk All commun ica tions relating to the day-to-da y
act :vities.for the work shall be exchanged betwee n representatives of the State's Transportation
Region 6 and the Local Agency. All cornrnunicalion, notices, and correspondence shall be
addressed to the individua ls identified below . Eitner party may from time to time des ignate in writing
new or subst itute mpresentatives .
lfto State :
Alaza r Tesfaye
COOT Region 6 Traffic
2000 South Holly St reet
Denver , Colorado 80222
(30 3) 757 -9511
Sec ti on 10. Su ccesso rs
If to the Lo cal Agency :
Ladd Vestry
Traffic Engin eer
City of Englewood -Pu bli c Works
1000 Englewood Parkway
Englewood, Co lorado 80110
(303) 762-2500
Except as herein othe rw ise provi ded, th is contract shall inure to the benefit of and be bind ing
upon the part ies hereto and the ir respective successo r~ and assigns .
Section 11 . Th ird Party Bene fi ciaries
It is expressly underslood and agreed 11,at the enforcemen t of the terms and condi tions of
this cont ract and all rights of act ion relating to su ch enforcement , sha ll be strictly reserved to the
Sta le and th e Loca l Agency. Noth ing co ntained in this co ntract shall give or allow any claim or rig ht
of action whatsoever by any othe r third person . II is the ex press intent ion of the State and the Local
Agency that any such person or en tity, ot her than the State or the Local Agen=y receiving services
or ben efits unde r this contract shall be deemed an inc id ental benefic iary only
Sec tion 12. Go ve rnm ental Immunity
Notwithstanding any other prov isio n of this co1tra ct to the contrary, no term or condi tion of
thi s co ntra ct shall be construe d or interpreted as a waiver, exp ress or implied , of any of the
im muni tie s, nghts , ben ellts, pr otectio n, 01 olh~i prm isions of the Colorado Governmental lm mun iy
•\c l,§ 24-10-101, et seq C R S , as now or he·eaftcr am en ded The pa 11es underst and and agree
tt,at liabili ty for cl aims fo r ,n1 ur ies lo persons or properly an s1ng out of neglige nce of the State o;
Colorado, ,ts depa rtm ents. ins titut ions, ag encie s, boards, offi ci als an d emp loyee s Is contro lled aod
lu mt ed by the provis ions of§ 24· 10·101, et seq , C.rtS., as nov,1 or hereafter amen oed and the 11sk
r,anage ment sta tut es, §§ 24-30-1 '"01, et seq C R S. as now or herea fte r amend ed.
Sec tio n 13. Severabillty
To th e extent t11at this contract may be execu ted and performance of the obligatio ns of the
part ies may be accomp li shed with in th e int ent of the cont ract , the terms of this con tract are
seve-able, an d shou ld any term or provis io n he reof be declared inva lid or bccume mopera\i ve for
l'nge 5 nf 11
any rea son, such Invalidity or failure shall not affe ct the va li dity of any other term or provisio n he reof.
Section 14. Walvor
The waive r of any breach of a term , provision, or requ irement of this contract shall not be
construed or deeme~ as a waiver of any subsequent breach of sue., term, provision , or requ irement ,
or of eny other term , provision or requirement.
Section 15 , Entire Understanding
Th is contract Is intended as the complete integra ti on of all understandings between the
rartles. No prior or contemporaneous additio n, deletion, or other amendment hereto shall have any
force or effect whatsoeve r, unless embodied here in by writing.· No subseque nt novatlon , renewal,
addit ion, del etion, or other amendment hereto sh all have any force or effect unless embod ied in a
we lti ng executed and approved pursuant to the State Fisca l Rul es.
Section 16 . _. ··val of Contract Tenms
No twi thstand ing anyth ing herein to the contrary , the parties understand and agree that all
terms and con ditions of th is contract a~d the exhibits and attachments hereto which may require
conti nued 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 .
Soctlon 17 . Modification and Amendment
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A. This contract Is subject to such modification s as may be requ ired. by changes In fedqra l or State •
law, or their Implementing reg ulations . Anj such requi red modification shall au tom atically be
!ncorporated Into and be part of this contract on the effective date of sue~ change as If fully set forth
herein. Except as provided above , no modification of this contract shall be effective unless agreed
!o In writing by both parti es In an amendment to this con tract tha t Is properly execu ted and approved
In accordance with applicable law .
B. Either party may suggest renegotiation of the terms of th is Contract, provided that the Contract
shall not be subject to renegotia tion mo re often thari annu all y, and that neither party shall be
required to renego tia te. If the partles agre e to change the provisio ns of this Contract, the
renegotiated terms ·shall not be e' ·ctive until this Contract is amended/modified accord ingly in
writing . Provided, however, th at \, rates will ba mod ified only tt the party requesting the rate
ch ange ·documents , in accord will , .nen applicable cost accounting prin ci ple s and standard s
(including sections 24 -1 07 -101, ~. C.R.S . and Imp lementing regulations), that th e request ed
incra ese/decrease Is based on and results from (and Is proportionate to) an Increase/d ecre ase In
the "all owable ,osts" of performing the Wo rk.
Section 18 . Option Lette rs
Option Letters may be used to extend Ag reement te rm, change the leve l of se rvice withl~ the
current term due to unexpected overmetch , add a phase without Increas ing contract dollars, or
increase or decr~ase th e am ount of funding . These options an, limited to the specific
scenarios listed below. The Option Letter shall not be i:teemed valid until signed by the State
Controller or an autho rized delegate. Followi ng are the applications for the lnd lvlduel opti ons
unde ( the Option Lette r form : ·
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Option 1 -Level of ser Ice change wllhln current term .due to une xpected overm atch In an
overbid sttuatlon only. In the event the State has contracted all project funding and the Local
Agency's construction bid Is higher than exp~cted, this optio n allows for additional Local
Overmatch dollars to be provided by the Local Agency to be added to the contract. This option
Is only applicable for Local Overmatch on an overb id situation and shall not be in tende d for any
other Local Overmatch funding.
The State may unllaterelly Increase the total dollars of this contract as stlpulat~d by lhe executed
Option Letter (Exhib it D), which will bring the maxi mum amount pa ya ble under this ccntract
to the amount In dicated in Exhibit C-1 attached lo the executed Option Letter (future changes to
Exhibit C shall be labeled as C-2, C-3, etc, as applicab:e). Performance of the services shall
con ttn ue under the same terms as established In th e contract. The Stele will use the Financial
21~tament submlttad by the Loca l Agency for ·concum,r,o.; lo Advertise · as evidence of the
Local Agency's Intent to awm'd and It will also provide the additional amount required to eKercise
this option. If the State exe rcise s thi s option, the con tract will be conslderod to In clude this
option provision.
Option 2 -Option to add overlapping phase without Increas in g contract dollars. The State may
requir,, the contractor to begin a phase that may Include Design , Construction , Env ironmental ,
Utllltles, ROW Incid enta ls or Miscellaneous (/his does not appl y to Acqulsltion/Relocafon cir
Railroads} as detailed In Exhibit A and at the same terms and condlllons staled In the original
contract with the contrac t·dol/ars remai ni ng the same . Thf.l Stato may exercise this option b1 1
providing a fully executed option to the contractor within thirty (30) days before the lnlllal targele r!
start date of the phase, In a form s11bstanll al/y equivalent to Exhibit D. If the State exercises th!-;
option, the contract will be considered to In clude this option provision .
Option 3 • To upda te fundi ng (increases and/or decreases ) with a new Exhibit C. This option
can be used to Increase and/or decrease the overall con tract dollars (state , federal, local
match , loc al agency overmalch} to date, by rep la cing the origina l funding exh ibit (Exhibit C) in
the Original Contract w~h an updated Exhibit C-1 (subsequent exhibits lo Exhibit C-1 shall be
label~d C-2, C-3, etc).
Th~ State may have a need to upd ate changes to state, federal, loca l match and local agency
overmatch funds as outlined in Exhibit C· 1, which will be attached to Iha option form. The State
may exercise this option by providing a fully executed option to the con tractor within thirty (30) days
after the State has received notice of funding char,ges , In a form substantially equivalent to Exhibit
D. If the State exercises th is opt ion, the co ntract will be considered to include t:iis option provisio n.
Section 19 . Disputes
Exce pt as otherv1ise provided in this contract, any dispute concerning a question of fact
arising under this conlracl wh ic h Is not disposed of by agreement will be dec ide d by the Ch ief
Engineer of the Department of Transportation. Th e decision of the Chief Engineer will be final end
conclusive unl ess , within 30 ca lendar days after the date of receipt of a copy of such written
decis ion, th e Loca l Agency malls or otherwise furnishes to the Slate a written appeal .addressed to
the Executive Direct or of th e Department of Transportation . In co nnection with any appe al
proceeding under th is clause, the Local Agency sha ll be afforded an opport unity to be heard and to
offer evidence In support of Its appeal. Pending final decis ion of a dispute hereunder, the Local
Agency shall proceed dili gently w ith the performance of the contract In acc ordan ce with the Chief
Engineer's decis ion . The decisio n of the Exe cutive Dlrecio r or his duly authorized representativa for
Page 7 of 11
the determination of such appeals will be fina l and con clu sive and serve as final agency action . T is
dis pute cl ause does not preclude consideration of questions of law in connection with declsior,s
,;rodded for herein . Noth ing in th is contract, however, shall be constru ed as making fin al the
dec 1i::.\o n o any adm inistr ative official, re prese ntat ive, or board on a question of law.
Section 20 . Do cs not supercodc ot he r agreemen ts
This Contract Is not Intended lo supercede or affect In any way any ether agreement (If any)
that Is c urrently in effect between th e State and the Contractor for other 'maintenance services ' on
State Hig hway rights -of-way within th e 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 . Su b c o ntrac t ors
Th e Contractor may subcon+ract for any part of the perfo+mance required under th+s
Contract , subject to the Con tra ctor first obtaining approval from the Sta te for any particular
subcontraclor. Th a State wndarstands that the Contractor may In tend lo perfomn some or all of the
se rvices required under this Co nt ract through a subcontractor. The Contractor ag rees not to assign
rights or del egate du ti e s under this contract [or subcontract any part of the pe rformance requ ired
under t he conlracl] without the express, written consen t of the Slat e [which shall not be
unreason,.' , withheld]. Except as herein otherwise provided, this agreement shall Inure to the
benefit of ano be bindin~ only up on the parties hereto and their respective successors and assigns .
Page 8 of 11
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• Section 22 . Special Provisions
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These Special Provisions apply to all contracts excep t where noted In /le/lcs .
1. CONTR OLLER'S APPROVAL . CRS §24 -30 -202 (1). Th is contra cl she .. not be valid until It has been
approved by lhe Colorado SlalP. Co ntroller or des lgnee .
2. FUND AVAILABILITY . CRS §24 -30-202(5 .5). Flna nci•i ob ugallons of the Slate payable after th e
cu rrenl fisca l year ere contingent upon fund s for that purpose being appropriated, budg eted , and
otherwise made avallalile .
3. GOVERNMENTAL IMMUNI TY. No term or condition of this contract shall b_e construed or In te rpreted
as a waive r, express or Implied , of any of the Immu nities, rights, benefi ts prot ections , or other pro visions ,
of the Co lora do Governmen tal Immun ity Act , CRS §24-10-101 el seq ., o, lhe Federal Tort Claims Act, 28
U.S .C. §§1346(b) an d 26, i _ et se q., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform Its duties he reunder as an Ind epen dent
· contractor and not as an em~loyee . Neither Co ntractor nor any agent or employee of Contrac tor shall be
deemed to be an agent or em ployee of the State . Contractor and Its employees and agents are not
entitled to unemployme nt Ins uran ce or workers compensation benefits through the Slate and Jhe Slate
shall not pay for or ott,a rwlse p•ovlde sOch coverag e for Contractor or any of Its agents or employees .
Unemployment lnuura 11ce beneh :, will be available to Contractor end Its em ployee s and agents only If
such coverage Is made ·,,eflabla ~ Gontractor or a th ird pa Ity. Contractor shall pay when due all
appl lalble employment taxes and ·lm:ome ta xes and local head taxes Incu rred pursua nt to this contracc
Contractor shall not have eu lho riza tlc,n, express or Imp li ed , lo bind the Slate to any ag reeme nt , llablll ty or
und ers ta nding, except as expressly set forth herein. Contractor shall (a) provide and keep In forc e
workers' compensat io n and unem ployment compensation Ins urance In the amounts req uired by law, (b)
provide prcof the reof when requested by the Sla te, and (c) be solely respons ible for Its acts en d !hose of
tts amployees and agents .
5. COMPLIANCE WITH LAW. Contractor shall strlctly comply with all ap plicable feder al and Steto ia
rules , and regulallcins in effect or hereafter established, Including, without llmllaUon, laws applicable 10
discrimination end unfair employment practices .
6. CHOICE OF LAW . Colora do law, and ru les and regulaUo, , Issued pursuant the reto , shall be applied
in the interpretation , execution, and enforcement of this contract Any provi sion Inclu ded or incorporated
herein by --eferenc e which confilcls with said laws, rules, end reg ulations sh all be null end voi~. Any
provision 11 .eorporated herein by re fe rence which pulJ)O rts to nega te this or any oth er Speci al Provision In
whole or In part shell not be valid or enfo rceabla or available In any action at few, wt,elher by way of
complaint de fen ,e, or.otherwise . Any provisi on rende red null a~d void by th e op eration of this pro vision
shall not Invalidate the rema ind er of th is con tra ct lo the extent ca pab le of execut ion .
7. BINDING ARBITRATION PROHIBITED . The Stale of Colorado does not agree to bi nd ing arbllratlon
by any extra-Jud lclal body or person . Any provision to the contrary In this contact or Incorporated herein by
re ference shall be null and void .
8. SOFTWA RE PIRACY PROHIBITION . Govem o~s Executive Order D 002 OD . Slate or other public
funds payable under th is con tra ct shall not be used for the acquisition , operation , or maintenance of
comp uler software In vio lation of federa l copyrlghl laws or applicable licensing ·res trictions . Contra ctor
hereby certifies and warrants that , du ring the term of th is contract and any ex tens ions, Contrac tor has and
shall maintain in place appropria te systems and con trols lo prevent such Improper use of pub lic funds . If
the Stale determines tha t Contractor Is In violation of th is provis ion, the Slate may exe rci se an y remedy
available al law or In equity or under this ccntract, Includ ing , without limit ation , Immediate term ination of
this contract and any remedy cons istent with federal copyright laws or applicab le licensing restricti ons .
9. EMPLOYEE FINANCIAL INTEREST/C ONFLICT OF INTE REST. CRS §§24-18-201 and 24-60 -507 .
Th e sig natorie s aver that lo their knowledge, no employee of the Stale has any persona l or beneficial
Intere st whatsoever In Iha se rv ice or property described In lhls con tract. Contrac tor has no Interest and
shall not acquire eny Interest, direc t or Indirect, that would cc filct In any manner or '1egree With the
Page9ofll
performance of '.;ontractor's services an d Contractor shall not employ any person having such known
Inte rests .
10 . VEND OR OFFSET. CRS §§24-30-202 (1) an d 24-30 -202 .4 . [No t App l/cable to lntorgovommanta/
agroomenrsJ Subject lo CRS §24-30-202.4 (3 .51, the Slate Contro ller may with hold payment under the
State's vendor offs et Intercept system for debts owed to Slate agencies for : (a) un paid child support debls
or chllct scp port arreareges; (b) unpaid balances or tax, accrued In terest, or othe r cttarges spe cified In
CR~ §39-21-101, el seq.; (c) un paid lo~n s due lo the Stude nt Loan Division o! the Depa rtment of Highe r
Edr.callon; (d) amounts requ ire d lo be pa id lo lne Unemploym ent Compensation Fund; aijd (e) oth er
,•,opa ld debts owing lo the Stale as a result of nnal age ncy determ ination or judicial action .
11. PYB LIC CON TRAC TS FO R SE RVICES . CR ~ §8-17,5-101 . (Not Appl/cab/a to sgre•mants ra/otlng
to the offer, lssµsnce, or sale of securities, In vestm ent advis ory services or fund management
services, spons ored projects, Jntargovammenta/ agreements, or Informatio n technology services
or products one! services) Conlreclor certifies , warran ts , and agrees that II does not knowingly employ or
contra ct with an Illegal alien who will perform work under th is contract anrJ wlll 'confirm the emp loym ent
ellglbllity of ail ernpk>yees whc , are newly hired for employ mcsl In the Un/led Stales lo perform work unde r
~. lhrcr;;h participation In the E-Vertfy Program ur the Department program establishe d
pursuant to CRS 8-17 .5-102(5)(c), Contractor shall not knowingly empby or oontract with an Illega l alien
lo perform work under this contract or enter Into a contract with a subcontractor that falls lo certify to
Contractor that the subcontractor shall not ·nowlng ly employ or contract with an Illeg al alien to~
work under this contract. Contractor (a) shall not use E-Verlfy Pr.ogram or Department program
procedures to undert ake pre-employment screening of job applicants while th is contract Is being
perfonmed , (b) shall notify the suboonlractor end the contracti ng Stale agency wi thin th ree days If
Contractor has actual knowledge that a su bcontractor Is em ployi ng or contracting with an Illegal alien fo r
work under this contract, (c) shall terminate the subcontract If a suboor,tracto r does no t stop employing or
cont racting 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 lo CRS §8-17 .5-102(5),
by lhe Colorao, Department of Labo r and Employment If Contractor partlclpales In the Depa~co1ent
program, Contractor shall deliver to the oohtractlng Slate agency, lnslllullon of Highe r Educ,,don or
pt,:itical subdivision a written , nolsrlzed affi rmation , affirming that Contractor has exam ined ti,e legal wotk
status of such employee, and shall comply with all of the other requirements or lhe Departme 1t program . If
Contractor falls to comply with any requlrament of this provision or CRS §8-17 .5-101 ef seq., the
con tra cting Slate agency, lnstltuUon or higher education or pollllcal subdivision ma y terminate :~Is co ntract
for brea ch and , II so terminated , Con~actor shall be liable for damages . · · .
12 . PDBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101 . Contractor, If a
natural person eighteen (18) years ot age or old er, hereby swea rs and affinms under pen elty of .
perjury that he or she (a) Is a cltlze11 or otherwi se lawfull y pres ent. In the United Slate s pursuant lo
federa l law, (b) shall comply with the provisions of CRS §24-76.5-101 el seq ., and (c) has
produced one form of ldantlfic, "on required by CRS §24-76.5-103 prior lo the effective date uf
this oontracl. ·
Revised 1-1 -09
Page !O af 11
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______ S_IG_·N_A_T_U~R_;_P_~_G_E __ ,.,_._•. __ ]
THE P ARTJE HERETO HA VE EXECUTED THTS CONTRACT
CONTRACT?R;
City of Engl ewood Colorado
legal Name of Contracting En!ily
ill.Qill
COOT Ve nd or Number
Si.mature of Authori zed Officer
Prin t Name a Title of Authorized Officer
CORPORATIONS;
(A co,porale attestation ls required.)
STATE OF COLORADO;
BILL RITTER, JR., GOV ERNOR
By _--=Ex-,-c,-,·ti-ve'"'D"lr-e"'ct-or _______ _
Depa rtment of Transpurtation
LEGAL REV IEW;
JOH N W. SUTHERS
<TTORN EY GENERA L
Atts 6l (Seal)By:--~~-~-~~~=~~=~
(Co1po1a1c Secre lary 01 Equ1v:a len!, or Tovm,Ci1y/County Clerk) '.Place Corporate soa l here, 11 available)
ALL CONTRACTS M UST BE APPROVED BY THE STA TE COJ\TROLLER
CRS 2.: 30 202 requires that the Sta te Cl>ntr oller approve all state c-:,ntracts This contract is not valid unlll ttie
State Controller , or such assis tant as he rr 'lY delega te, has signed it. The contracto r Is nol authorized to begin
performance until the con tra ct Is signed and dated below If perfo, mance begins prior to th e da te below, the
State of Colorado may not be obligated to pay for the goods ar 1/or services provided,
STATE CONTROLLER;
DAVID J, MCDERMOTT, CPA
Date, ___________ _
Page 11 of 11
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i:xh ibit A -Scope of Wor k
Ex hibit A
Stn1c H iohw ny Trnffi c Signn l Listing
The City shall maimain th e n·affic sig, 's and associated stop bars and cro sswalks at the
loc ations listed below.
Any reconstruction, mod ificati on, or improveme nt in iti ated by the City or performed ns a
res ult of a City project shall be included in the maintenance provided by the Cit y.
Any reco nstruct ion, modification, or imp rnvement in'itiated by th r. State or performed as a
res ult of a State project sha ll be pa id for separa tely by the State .
, The City shall perfon11 inspections of each lo ca tion , in nil direct ion s, and sub mit
doctunen tation 10 CDOT by Apri l !O'h and October I O!a :0r each yew· of this contrac t.
[nspection shall include, but not limi ted to:
o Each signal lens is operating and visible
o Signal Tim ing is opera ting as programmed
o Controller and Cob in e! ore clean an d in good repair
o Communication tc ~nal is com1ected and operating
o Veh icle . , :oction is operatin g properly
o All luminaries anached •o the signal are operati ng
• Any defects found dming inspections listed above at these intersection s sha ll be rem edied within
reas ona ble ti meframe pe r stm1dnrd industry prac ti ce. Defects and remediatio n shall be
documcmed and kept on file al the City ond availab le for COOT upon req uest. Any defec ts not
re medie d sholl incur a price redu ct ion to the next mo nth 's compensotion of$340.00 per sig nal.
The Ci ty shall perform m1 annual inspection whi ch shall include: th visual ins pection of signal
ca iss ons, bo lts, bolt tightening, steel, welds, anac\m1cnt hard ware, back-up power testing m1d
signa l conflict mon itor testing . Docume ·1tn lion on this inspect 1Jn shall be submitted to COOT
by Octobe ,· I 011' of each year of this contract. Any deficiencies found in bolt tightening and
attnclunent hardware she ll be co 1Tecled by the Ci1y im1aediately. Structural de."ects req ui1i ng
po le or most arm rep lacement siut!I be the resp ns ib ility of COOT. Any de fi cienc ies of thi s
nature shall be documen1ed and Lrought to the attention of the COOT project manager for
co 1rnct ion by COOT. Other minor s:ruct ura\ defects shall be the res ponsibility of the Cit)
TRAFFIC SIGNALS MA[NTAINED BY nrn CITY OF ENGLEWOOD
I. SH 285 and Inca St.
2. SH 285 and Galapago St.
3. SH 285 and Elati St.
4. SH 285 and Cherokee St.
5. SH 285 and Broadway (north)
6. SH 285 and Broadway (south)
7. SH 285 and Sherman St.
8. SH 285 and Logan St.
9. SH 285 and Clarkson St.
I 0. SH 285 and Downing St.
11. SH 285 and Gilpin St.
12. SH 88 (Belleview) and Clarkson St.
13. SH 88 (Belleview) and Logan St.
14 . SH 88 (Belleview) and Broaiway
15. SH 88 (Belleview) and Pirates Cove (1250W.)
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Stele Highway Signs nnd Mnrlcing~
• The City shnll maintain signs and markings at the locations listed below.
• 111e City shall maintain all roadway markings .
• The City sha ll maintain all regulatory and warning signs that can be mounted on Unistnlt, Teles par
posts, all delineator posts, and all guide signs installed and owned by the City.
• The State shall maintain all regula tory and warning signs too large to be mounted on Unisu111 posts, all
guide signs not installed and owned by the City, and all other signs not maintained by the City.
• Intersection rigb t-of-w~y control signs at City roadways intersecting State highways shall be maintained by
the agency maintaining the intersected State highway.
• Intersect ion right-of-way control signs at State highway exit ramps intersecting City roadways shall be
maintained by the City.
• Either agency making changes to signs or markings nt the locati ons listed below sha ll provide notificati0n
of the changes to the other agency. Notification of changes to regtilatory signing shall be made in writi ng .
• The City shall perform yearly pavement marking inspections and sign inspections, and su bmit
documentation to CDOT by October I 0th. Pavem ent marking inspection sh all include, but not limited to :
o Physical appearance
o Percent of marking in place
Sign Inspections shall include:
o Physical condition of tl1e signs using the night time in spections
o Condition o. post (damaged, plumb)
o Fastening hardware checked for tightness
• Any signs failing the visual inspections sha ll be listed as defecti·
month of discovery with associated documentation to CDOT .
sha ll incur a price reduction to the next month's compensation .
o Class I Signs -$100.00 per sign ded uction
o Class II Signs• $200.00 per sign deduction
o Cla ss Ill Signs -$500.00 per sign deduction
Sim ~ fulm I!,
m ·
285 Hampden/Jefferson Jason Gilpin
Totalmllet
· ,;' sha ll be replaced within one
.fec ti ve signs not remedied
l&JJ&lh
!milw
1.84
1.84
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Exhibit B -Resolution
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
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Ex hibit C -'.late Schedu le
EXHIBITC
T raffi c Co n tro l Dev ice Ra t e Sc hedul e
1.8~ Miles of signs and markings at $281.53 per mile per month
15 Signals at $340/month
Max imum 111 011thly billing
Tota l Maximum A nn ual Cos t
518.02
LUQQJ).Q
.'i 5,6 18.02
$67,4 16.24
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Exh l b i'. D -Opt io n Letter
SAMPLE IGA O PTION LETTER
(Thi s optio n has bee n creat ed by th e Office of th e Sta te Co ntroll er for COOT u se o nl y)
NOTE: Th is option is ftm1ted to the specific contract scenarios listed below
AND cannot be used in pfece of exercising a formal amendment.
Date : j Sta te Fiscal Yea r: Op tio n Letter No. CUN Routing #
Vcn~or name: __________________ _
A. SU BJECT: (Choose applicable options /isled below Af1!2 in soc/ion Band delete tho rest)
1. Option to renew (for an additional term) applies to H/ghwa~, and Slgnal maintenance contracts ONLY; this
renewal cannot be used to make any change to the original scope of work;
2. Leve l of service change vlith!n current term due to an unexpected Local overmatch on an overbld
situa tion ON LY;
3. Option to add phasing lo indude Design, Construction, Environmental, Utilities, ROW inclden tals or
Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads);
4 Option lo update tund lng (a new Exhibit C must be attached with the option le tter and shall be labeled
C-1 (tuture changes for \his option shal l be labeled as follows: C-2, C-3, C-4, etc .)
B. REQ UIRED PROVISI ONS . All Option Letters sha ll contain the appropriate provisions set lorth
below:
(In sert the follow l no langua g; for use with Options #1):
In acc ordance with Paragrap h(s) ____ of contrac t routing number (lnsert FY Agency code & CUN
routing #). between the State of Colorado, Department or Transportation , and (insert con fra cfor's nameJ the
state he reby exercises the option for an add!Uonal term of (Insert pe rformance oerioC here) at a cosVprlce
specified in Paragraph /Section/Provision ___ ,_ __ of the original con trac t, AND/OR an inc rease in
\h e amount ot goods/services at the same rate(s) as specified in Paragraph ________ otthe
original contract.
(I nsert th e follo win g lang ua ge for us e with Option #2 ):
In accord ance with the terms of the origl nal cont ract !insert FY Aqencvcode & CU N routin g #J be tween the
State or Colorado. Dep artmen t of Transportation and (insect contractor's name hereJ, th e Stat e he reby
exercises the option to record ;i level of service change due to une xp ected overma tch dollars due to an
overbid situation . Tne contrac t is now increase d by (indicate additional dollars here) specified in
Paragraph/Section/Provision ______ of the origina l con tra ct.
(Inse rt the fo ll owing la nguag e fo r use with Opt io n #3):
In accordance with the terms of the or igina l contrac t (Insert FY At· ~acy code & CUN roullnq #J between th e
Slate of Co lorado, Department of Transportation and /Insert conf1199/qr's name hereJ, the Sta te hereby
exercises the opt[on to add an overlapping phase In (indic.afe Fi~ cal Year here) that will Include (describe
which pha!ie will be added and include all that apply -Design Cq!l§l!JLction Enylrqnmenlal Utiflties ROW
inciden tals or Miscellaneous), Total funds for this contract rema l,1 tlir, same (Indicate to tal dollars hero) as
referenced in Paragraph /Section/Pro vision /Exhib it _______ of the orig ina l contract.
(I nsert th e followi ng langu aqc fo r use wi th Option #4):
In accordance wlth the te rms of lhe original contract (insert FY Ager•cy code & CUN routing tll between
the State of Colorado, Department of Transp or1a tion and ~actor's name hqre), the State hereby
e1.ercises the option to update fund ing based on changes from state, fed• ral , local m~i:.:, ano,';,r local
Exhibi t D, Page I of2
aur.ncy overmalch funds. The contract Is now (selact one: increased andlpr r,ecrea .:edJ by (,i1§.£!1.JiQ!f,,1!,~
l!.filg} specified in Paragr aph/-Sectlon/-Provislon/Exhlbit _~~~~~of the orjglnal c:mt rac t. A new
Exhibit C-1 Is ma de part of the origl na l contract and re place s Exhi bit C. (T he followin g Is a NOT E only so •
please dele te when us ing th is option: future changes for th is opli t.,n fc~ ::xhlblt C sh all be labeled as
follows : C-2, C-3, C-4 , etc.)
(T he foll owl ng language m ust be included on all optlo r fil:.
The amount of the curren t Fisca l Yea r con tr ac t value Is (increasedldecreasqQ') t:.y ($ amount of ghanaeJ to a
new con tract value of ($ ____ ~ to satis fy services/goods ordered under the co ntract for the curre nt
fiscal year andica te Fiscal Year). The firs t sen tence in Paragraph /Scctlon/P,ovlsion _____ Is hereby
modified accordi ngly .
The total con tract value to Include all pr eviou s ame ndmen ts, option le tters, etc, Is ($. _____ _,
The effective date of th is Option Letter ls upon approval of the Stal e Co nt roller or delegate, wh ichever is
later.
APPROVALS:
Fo r tho Cont ractor:
Legal Name of Con tractor
By : -=P-rln_t _N-am_e_o_f_A-ut_h_or-lz-ed-l~nd~lv~ld_u..,,1,-----
Slgnalure: ______________ _
Da le:
TIiie : Officia l Ti tl e of Aut horized In dividual
Sta te r f Colo rad o:
BIii Ritter, Jr., Go vern or
By: ___________ _ Da te: ______ _
Execulivo Di rec tor , Colorado Depa rt me nt o: ~·ransportallon
Al l CONTRACTS MUST BE AP PROVED BY THE STATE CONTROL LER
CR S §24 •3 0·202 require s th e Sl ate Cont roller to approv e all State Contracts. T his Con t~a ct is not
va lid untll !il gnod and dated below by tho Slate Controller or delega te, Con tractor is not autho rized
to begin pe rforma nce until such time. If Co ntrac tor begi ns pe rforming prior thereto, th e State of
Colorad o Is not o bli gated to pay Contrac tor for such perfo rmance or for any goods and/or
services prov ided hereunde r.
Updated , June 12, 200B
Slate Cont rolle r
David J. McDonnott , CPA
By: ___________ _
Date : ___________ _
Ex hi bit D, Pnge 2 of2
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