HomeMy WebLinkAboutbocc.con.026.2002 APPROVED BY BOCC
Routing No:0.3—/f !' -3Y
REGIONAL TRANSPORTATION PLANNING
Intermountain Transportation Planning Region
TPR CANTRACT# d `��1t
CONTRACT
THIS CONTRACT, made this «e�day of 2002, by and between the
State of Colorado for the use and benefit of the Colorado Department of Transportation(CDOT),
Division of Transportation Development,hereinafter referred to as "the State", and the
Intermountain Regional Planning Commission(RPC), 530 East Main 3r1 Floor, Aspen, CO,
81611, created under powers set forth in §§43-1-1102(5) and 30-28-105 C.R.S.,hereinafter
referred to as "the contractor".
WHEREAS, authority exists in the law and funds have been budgeted, appropriated, and
otherwise made available to FEIN Number 846000794, in COFRS Fund 400, Organization 9991,
Appropriation Code 010, Program 5000, Function 1441 Object 5180-1 (P),Reporting Category
0510, Project 14062, Phase 2, TOTAL ENCUMBRANCE IS $5,000.00 EXACTLY; The
Catalog Federal Domestic Assistance number(CFDA)that relates to this contract in relation to
audits is 20.515; and,
WHEREAS,required approval, clearance, and coordination has been accomplished from
and with appropriate agencies; and,
WHEREAS, general purpose local governments within the Transportation Planning
Region (TPR) as defined in the intergovernmental agreement of the contractor,have agreed that
the Contractor shall assume responsibilities, in cooperation with the State and in accordance with
§§30-28-105 and 43-1-1103(1) C.R.S. and 23 U.S.C. Section 135; and,
WHEREAS,pursuant to §43-1-1103 (5) C.R.S., state legislation requires the CDOT to
integrate and consolidate regional transportation plans into a comprehensive state transportation
plan; and,
WHEREAS, §43-1-1101 C.R.S. identifies RPCs for the TPRs as the proper forum for
regional transportation planning; and,
WHEREAS,pursuant to §43-1-1103(3)(a) C.R.S., the RPCs, in cooperation with the
State and other governmental agencies, are responsible for carrying out continuing, cooperative,
and comprehensive transportation planning for the TPRs; and,
WHEREAS,pursuant to §§43-1-1102(7) and 43-1-1103(5) C.R.S., the State has
developed Rules at 2 CCR 604-2 ("the Rules")which identify the TPRs and set forth the process
through which RPCs for the TPRs can develop, amend, and update regional transportation plans
for integration by the CDOT into a comprehensive state transportation plan; and,
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WHEREAS, the Regional Transportation Plan is complete and will be updated on a six
year cycle pursuant to Section VII of the Rules; and
WHEREAS, the Regional Transportation Plan may be amended pursuant to Section VII
of the Rules during intervening years so as to reflect changing conditions and maintain
consistency with the long range state transportation plan and the State Transportation
Improvement Program (STIP): and,
WHEREAS, the State receives on an annual basis federal State Planning and Research
funds (SPR funds) for purposes including statewide planning, the planning of future highway
programs and local public transportation systems, and plans for the implementation of such
programs: and,
WHEREAS,the State desires to delegate its responsibility for assessing the transportation
needs for any jurisdictions within the Intermountain TPR not participating on the Intermountain
RPC; and,
WHEREAS, the Intermountain RPC desires to conduct regional transportation planning
for any jurisdiction within the Intermountain TPR not participating on the Intermountain RPC;
and,
WHEREAS, the Contractor desires to receive SPR funds apportioned to the State by the
Federal Government in accordance with 23 U.S.C. Sections 104 and 307(C)to be administered
by the State and to be spent by the Contractor on activities associated with the statewide
transportation planning process carried out in accordance with 23 U.S.C. Section 135 and §43-1-
1103 C.R.S.; and,
WHEREAS, the funding has been approved and budgeted for use by the Contractor in the
Fiscal Year 2003 SPR PR02-003 and the Federal Fiscal Year 2003 SPR PR 02-003 Work
Program; and,
WHEREAS, the Contractor desires to be responsible for the expenditure of the SPR
funds for carrying out activities associated with the statewide transportation planning process, for
the period beginning with the executed date of the contract through June 30, 2003 (the Program
Period); and,
WHEREAS, the Contractor desires to perform the work described in the Rural Planning
Work Program (Exhibit A) and has agreed to monitor the progress and costs of the work in order
to stop performance prior to incurring costs in excess of$5,000.00; and is the only entity
empowered with this responsibility; and,
WHEREAS, this contract is entered into pursuant to the authority of§§43-1-106, 43-1-
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224, 30-28-105, 29-1-203, and 24-103-205 C.R.S.;
NOW, THEREFORE, the parties hereto mutually agree to carry out the necessary
continuing, cooperative, and comprehensive transportation planning within the Intermountain
TPR as more specifically described herein. The parties agree:
I. SCOPE OF WORK
A. The intergovernmental agreement creating the Contractor under C.R.S. 30-28-105, the
Statewide Transportation Planning Process and Transportation Planning Regions rules (2
CCR 604-2, "the Rules"), and the Code of Federal Regulations (CFR 23,Part 172 and
CFR 49, Part 18)regarding administration of negotiated contracts are made a part of this
contract by reference. Also, the State Special Provisions and Exhibit A(the Rural
Planning Work Program) are attached hereto and incorporated herein as terms and
conditions of this contract by this reference:
B. In the event of a conflict between CFR 23, Part 172 and/or CFR 49, Part 18 and the
provisions of this contract proper of the attachments hereto; CFR 23, Part 172 and CFR
49, Part 18 shall control to the extent of such conflict. However, the provisions of 23
U.S.C. Section 135 take precedence over any conflicting terms of this contract. The
provisions of this paragraph do not constitute a waiver of legal and administrative appeals
available to the Contractor or the State.
C. The contractor shall cooperatively undertake the activities related to the statewide
transportation planning process, set forth in Sections IV, V, VI, VII and VIII of the Rules
and perform the tasks identified in Exhibit A for the expenditure of SPR funds during the
Program Period.
D. The contractor shall provide the mechanism for funding the tasks during the Program
Period for the SPR funds to be expended to implement the planning process in the TPR.
E. The contractor shall assure that SPR funds spent during the Program Period for those
tasks identified in Exhibit A are spent in accordance with all applicable State and Federal
requirements and with the terms of this contract.
F. The contractor shall assure that the management of the Rural Planning Work Program
will be accomplished.
G. The Contractor shall provide the products and services identified in Exhibit A to the State
by the specified date(s).
H. The Contractor shall take all reasonable steps to obtain the necessary staff or consultant
services required to carry out all tasks described and identified in Exhibit A and Section I.
The selection for consultant services shall be in compliance with all federal procurement
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requirements. In addition, any Request for Proposal(RFP) used by the Contractor to
secure consultant services must be reviewed and approved by the State prior to release.
The Contractor shall obtain written authorization from the State before executing any
contract for consultant services which utilizes SPR funds.
I. Within 30 days after the end of the Program Period, the Contractor will provide to the
State a final accomplishment report of the Rural Planning Work Program tasks performed
under this contract. It shall include,but not be limited to: (1) final accomplishments by
task; (2) status of uncompleted products; and, (3) actual expenditures for the Program
Period. The State Contract Administrator has the right to disallow any costs incurred by
the Contractor which are not consistent with or in compliance with the authorized tasks of
Exhibit A.
J. The progress and cost data associated with tasks described in Exhibit A and Section I
shall be monitored by the State at least quarterly. The State reserves the right to a mid
year review meeting and will provide at least one week's notice of the date and time of
any meeting.
H. COMPENSATION (Obligation, Billing)
A. The contractor shall bill the State for the allowable cost of those tasks eligible for SPR
funds identified in Exhibit A. Billings shall be rendered by the contractor to the State on
a regular basis,provided that such basis shall be at least quarterly. All billings shall
include a statement of allowable direct costs, and an invoice for the amount of
reimbursable SPR expenditures by Work Program task incurred during the reporting
period using the provided reimbursement forms. The State shall promptly pay the
Contractor's bills for expenditures incurred in performance of tasks described in Section I,
and subject to conditions specified in Section U, Paragraphs B and C.
B. The State's obligation under this contract shall not exceed the maximum amount of
$5,000.00 unless a supplemental agreement is executed to increase such amount prior to
additional costs being incurred. The contractor shall be solely responsible for all
expenses incurred before the execution of this contract. In addition,the contractor shall
be solely responsible for all costs incurred which are either not allowable or which exceed
the total estimated costs without a prior executed supplemental agreement.
C. Allowable costs shall be limited to those necessary to carry out the tasks described in
Exhibit A, Section I, and as provided in applicable Federal Regulations as determined by
the State. These include direct costs such as the costs of computer services, salaries,
technical supplies, and reproduction; public participation-related costs including mailing
costs, and public opinion surveys; State Transportation Advisory Committee Member
travel costs; and consultant contracts.
D. Federal Funding. This contract is subject to and contingent upon the continuing
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availability of Federal funds for the purposes hereof. The parties hereto expressly
recognize that the contractor is to be paid, reimbursed, or otherwise compensated with
funds provided to the State by the Federal Government for the purpose of contracting for
the services provided for herein, and therefore, the contractor expressly understands and
agrees that all its rights, demands and claims to compensation arising under this contract
are contingent upon receipt of such funds by the State. In the event that such funds or any
part thereof are not received by the State, the State may immediately terminate this
contract without liability, including liability for termination costs.
III. GENERAL PROVISIONS
A. For the purpose of this Contract, Ms. Jennifer Stewart is hereby designated representative
of the State and Mick Ireland is hereby designated representative of the contractor. Either
party may from time to time designate in writing new or substitute representatives or new
addresses where notices shall be sent. All notices required to be given by the parties
hereunder shall be given by certified or registered mail to the individuals at the addresses
set forth below:
To CDOT: To The Contractor:
]�Z=AO
Jennifer Stewart a@@#Pettet
DTD/Transportation Planning Branch Pitkin County
Colorado Department of Transportation 76 Service Center Road
4201 E. Arkansas Avenue, EP-B606 Aspen, CO 81611
Denver, CO 80222
B. The parties aver that, to their knowledge,their employees have no interest in and shall not
acquire an interest in, directly or indirectly,which would conflict in any manner or degree
with the performance and services required to be performed under this contract. The
parties further promise that they will not employ any person having an outside interest in
the performance of this contract.
C. The Contractor warrants that it has the authority to enter into this contract under the
intergovernmental agreement which forms the RPC within the Intermountain TPR and
that it has taken all appropriate actions to lawfully execute such authority. The
Contractor shall be responsible for all claims and liabilities resulting from the
Contractor's acts or omissions, or the acts or omissions of consultants, subcontractors,
agents, or employees of the Contractor.
D. (1) Data, studies, surveys, drawings, maps,models, photographs, reports, and any
other materials produced or developed pursuant to this contract shall become the
property of the Contractor, except as set forth herein; also, the Contractor is
hereby authorized to copyright and market computer software produced under this
contract. All proceeds from the sale of products or services developed under this
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contract must be returned to the Statewide Transportation Planning Process.
Notwithstanding the foregoing, the State and FHWA shall, without costs to them,
have the royalty-free, non-exclusive and irrevocable right to reproduce,publish, or
otherwise use and to authorize others to use, all such materials for State and U.S.
Government purposes. In addition, the State and U.S. Government shall have the
right to use, duplicate, or disclose technical data and computer software produced
under this contract in whole or in part, in any manner and for any purpose
whatsoever, and to have or permit others to do so. However, should the
Contractor choose to market computer files and/or software produced under this
project,the State agrees to refer inquiries concerning such materials to the
Contractor.
(2) All information, data, reports, records, and maps which are developed by the
Contractor for carrying out the Rural Planning Work Program within the
Intermountain TPR, shall be made available in sufficient copies (not to exceed
fifteen)to the State and FHWA, and directed by the State.
(3) All reports pertaining to the performance of this contract shall be reviewed and
approved pursuant to the procedures established under the Rules,but no report
will be published without the prior approval of FHWA. Any published material
shall acknowledge the participation of the State and the FHWA in recognition of
the cooperative nature of the Statewide Transportation Planning Process.
(4) The Contractor and any consultants shall maintain all books, records, and other
documentation pertaining to authorized Rural Planning Work Program tasks and
to completely substantiate all costs incurred during the Program Period for a
period of three years from the date of termination of this contract. These records
shall be made available for inspection and audit to the State, FHWA, or the
Comptroller General of the United States, and copies thereof shall be furnished, if
requested. The Contractor shall include this record keeping/audit requirement in
any contract with any consultant employed to perform Rural Planning Work
Program tasks by expressly requiring the Consultant to comply with this
requirement.
(5) The State and FHWA are specifically authorized to review and inspect at all
reasonable times all such records, and all technical and financial aspects of the
tasks described in Exhibit A. FHWA will arrange such reviews and inspections
through the State.
E. The Special Provisions attached hereto are incorporated herein by this reference.
F. Either party has the right to withdraw from this contract by giving written notice to the
other party at least 60 days in advance of such withdrawal, whereupon the contract shall
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terminate at the expiration of the period of notice.
G. Officers, members, or employees of the parties and members of the governing body of the
localities in which the planning program is situated or being carried out, who exercise any
function or responsibility in the review or approval of the undertaking or carrying out of
this contract, shall not: (1)participate in any decision related to this contract which affects
their personal interest or the interest of any corporation, partnership, or association in
which they are directly or indirectly interested; or, (2) have any interest, directly or
indirectly, in this contract or the proceeds thereof.
H. The term of this contract shall begin on the executed date and extend through
June 30, 2003.
I. To the extent that this Contract may be executed and performance of the obligations of
the parties may be accomplished within the intent of the Contract, the terms of this
Contract are severable, and should any term or provision hereof be declared invalid or
become inoperative for any reason, such invalidity or failure shall not affect the validity
of any other term or provision hereof. The waiver of any breach of a term hereof shall not
be construed as waiver of any other term.
J. This Contract is intended as the complete integration of all understanding between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall
have any force or effect whatsoever, unless embodied herein in writing. No subsequent
novation, renewal, addition, deletion, or other amendment hereto shall have any force or
effect unless embodied in a written contract executed and approved pursuant to the State
Fiscal rules.
K. 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.
L. Neither party may assign its rights or duties under this Contract without the prior written
consent of the other party.
M. The Contractor represents and warrants that it has taken all actions that are necessary or
required by internal procedures and bylaws, and applicable law,to properly authorize the
undersigned signatory for the Contractor to lawfully execute this Contract on behalf of
the Contractor and to bind the Contractor to its terms.
IV INDEPENDENT CONTRACTOR RELATIONSHIP
The contractor shall perform its duties hereunder as an independent contractor and not as an
employee. Neither the contractor nor any agent or employee of he contractor shall be or shall be
deemed to be an agent or employee of the state. Contractor shall pay when due all required
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employment taxes and income tax and local head tax on any moneys paid pursuant to this
contract. Contractor acknowledges that the contractor and its employees are not entitled to
unemployment insurance benefits unless the contractor or a third party provides such coverage
and that the state does not pay for or otherwise provide such coverage. Contractor shall have no
authorization, express or implied, to bind the state to any agreements, liability, or understanding
except as expressly set forth herein. Contractor shall provide and keep in force worker's
compensation (and show proof of such insurance) and unemployment compensation insurance in
the amounts required by law, and shall be solely responsible for the acts of the contractor, its
employees and agents.
V GRANT ASSURANCES
A. Since this grant contract involves the expenditure of federal funds, the grantee/local
agency/contractor shall at all times during the execution of this contract strictly adhere to
and comply with all applicable federal laws and regulations, as they currently exist and
may hereafter be amended, which are incorporated herein by this reference as terms and
conditions of this contract. The granteellocal agency/contractor shall also require
compliance with these statutes and regulations in subgrant agreements entered into under
this contract. Federal laws and regulations that may be applicable include:
B. The Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments" (Common Rule), at 49 Code of Federal Regulations, Part
18, or the "Uniform Administrative Requirements for Grants and Agreements with Non-
Profit Organizations", at 49 Code of Federal Regulations, Part 19, as applicable. The
requirements of 49 CFR Part 18, or Part 19, include, without limitation:
(1) the Contractor shall follow applicable procurement procedures, as required by
section 18.36(d) or 19.36(d);
(2) the Contractor shall request and obtain prior CDOT approval of changes to any
subcontracts in the manner, and to the extent required by, applicable provisions of
section 18.30 or section 19.30;
(3) the Contractor shall comply with section 18.37 or section 19.37 concerning any
subgrants;
(4) to expedite any CDOT approval, the Contractor's attorney, or other authorized
representative, shall also submit a letter to CDOT certifying Contractor
compliance with section 18.30 or section 19.30 change order procedures, and with
18.36(d) or section 19.36(d) procurement procedures, and with section 18.37 or
section 19.37 subgrant procedures, as applicable;
(5) the Contractor shall incorporate the specific contract provisions described in
section 18.36(i) or section 19.36(i) (which are also deemed incorporated herein)
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into any subcontract(s) for such services as terms and conditions of those
subcontracts.
C. Title 23,United States Code,Part 172, and Title 23, Code of Federal Regulations,Part
172, if the contract work includes professional engineering or architectural services.
D. Title 23,United States Code, Part 112, and Title 23, Code of Federal Regulations,Parts
633 and 635, if the contract work includes construction services.
E. Provided,however, that to the extent that other applicable federal requirements (including
the provisions of Title 23) are more specific than provisions of Title 49, Part 18 or 19,
those requirements shall supersede such Part 18 or 19 provisions.
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SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BI L OWENS,G VERNOR
Legal Name of Contracting Entity fer Finc
ivision Dir ctor
000 5G.> ivision of Transportation Development
Social Security Numberor or FEIN LEGAL REVIEW:
:�y f� KEN S ZAR,ATTORNEY GENERAL
Signature of Authorized Officer
G, 14::447W James Martin
Print Name&Title of Authorized Officer `/�Assistant Attorney General
Natural Resources Section
"14 COGS
Cys A
(A c to sealju attes is required.)
p ........ p
OLORA� %
Attest(Seal)By
Corporate Secretary or Eq lent,or Town/City/County Clerk)
4
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below,the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
By
Date
Revised: 12/1/01
SPECIAL PROVISIONS
0 ONTROLLER'SAPPROVAL
This eontraa shall not be deemed valid until it shall have been approved by die Controller of the State of Colorado or such assistant at be
'his p is applicable:to any contact involving the Payment ofmooey by the State aa>,y designate.
FUND AVAILABEMY
2 Finacial obligations ofthe State of Colorado Payable after the current fiscal year a m contingent upon funds for that
and otherwise made available. Pose being aPProPri�d.budgeted.
BOND REQUMEbMn
3.lfthis waft"i"nives the PSYMMt ofmom than fifty thousand dollars for the consttacti
0°'eo4 .maintaiana,or improvement of my building.
mkt.�• i or after public cis for this:State,the oomhactorahsTl,before cotaimg upon the pafam ere of%try such work included
coo°official
duly e d S and deliver to the Brener the tot who wUt sign the counsel,a good and sufficient bond or other by said ofiidal is a peed aaua not leas min one-haIfofthe total amount Payable by the teams of dgs courser. Such bond shall k ecuted by
aural'to 6e approved
M' ah �Puce of the Contact and in a W*%shall Provide flat if the Cmtactw or faa iquaiIiiod
t �
Pay for any labor.
Pima ofthe wxak contacted lb be emence
to previsionk pay any p owho prova other MTPhM used OrConsumed by such contractor or his subcontractor in
sureO will Pay the same In so amount not exceeding the sum aapplles teatsl machinery,tools,or equipment in the prosecution of the work the
bwA
bond is Cemented,delivered and filed,no claim in fav%of the contactor together vvhh h*rest at the rate of eight per owt per aonum Unless such
check% paryabk to the Treasurer a bank money order arumg uer of the Stage of Colorado may b nder such Fact shall be audited,allowed%paid, A aaffi d orcashices
39-26.106. e aeoepted In lieu ofa bond. This provision is in Compliance with CRS
iNDEMNII+TCAITON
4.To the extort nand -imp
and by .the contactor snarl irndaiumi(y, and hold harmless the State,its employees ad agents,against any and all claims,
d:m� and court awards including nose,papp�,and stoomey foes incurred as a result of by )ts employees,
« l to the tams of this 000tact. . WY net or omission ffie aourtractor,%
DUCIRIIMIDE&TIONAND AFFMAUT1VE ACTION
The eone eesoraguies to comply with the!rear and spirit of the Colorado Antidiscrimination Act of 1957,as ameaded,and other applicable kw
respecting
16,i Prosruaratd+erao Pry(CPS 24-3{, M and cep tngoitnd by Execodn Order,Equal OPPottnily and Affirmative Action,dated April�o�gP'ro►'lslogtr sAgr!!be c+oaaabard&all SYtue eonntanxr or�
Dining she Pwfamwxa of this contact,the counsaw agrees as follows:
(a)Min contractor will not fte riminaft against any employee Or gVIIaot for CmPloymcot becense ofrace,creed,col%whenalacigin,ear.marital arena,
C911900.anaeht N mental%Phys cal hmdiew %age.The eonbactorwdll affnmatmo action so insure that
S.dumadon,%tansfayntag
areemp
&u*GOODYMenk without regarda the above mentioned ciiarauetis6a Sndhagctioa sbennisMiens;had inelode,bat�not be&cited to ee M*w hW emplo
' a9Pa eeahip.the a>ntacoor agrees to P de s ofpsy or other Sam of eomp�oo;and sekc�tion
for be Provided by the contracting offiCeraaxting forth provisions ofdds aon�sai�ion dam a to and appLgxots for empIoyameat;notices to
consWer eden for CM007n %drceadvertisements. for employees Placed by or on behaifofthe omtacmy state th I all qualified appliablee w ili receive
regard to rm,peed.ooler,aatiaml origin,sex,mariLt[sous,re WO116 amcaty,mental or physhwl ban" or age-
(C)The ooataeWr will send to each labor union or representative of workers with%Lich be has a Collective
understanding,0060610 be Provided by rho contacting oiBCs, ffiebargaining+ %eta contact%
Executive O y a� a dated
Apra labor or die
M1 rs'
Action.dated April I6,1975,and of the tole, of e Orders of tinder the
(d)The ooataet% die Governor.
and labor anions will furnish all informaaon and repeets required by Extent"Order,
16,1975,wind by the mks,regulations and Orders of the % •t saw O o his bo'and Airmati d Action accounts byphe
cooftg sgmq sod the office cfthe Ormww or his deli fw Pmpom of'"eadgation d �agxxss to his h sue.raootdt and iandr the
compliance with such rules.regulation and atdets.
any+
(8om membership in amen labarotg 9 Srom Emil atemI '; rights in such laboraeg�ion.orp exelsuch individual
sex,=dead origin,or ancesay. �eery of ks members in die full 0419yalcm of work opportunity because of rack peed,calm.
A labor organization,or die
(O y or �PbYas%maubets dwmfwM not aid,slip,iadte,'�Pd%niece tie
doing r iodreaiY, in
to aimmit ant any F' from complying Ift the Favisloos of this contact Or any ceder ofnot a d this ay any act defined in this contact to be dory. .
(S) lm the eveatofthe contactors aao-complinaa with die
eaNeau n'be anasied&terminated or aanapeodcd in whole or in i�an clauses may
a declared
wdth aqy of such NleR.ttRnitliCats,a%des,this
vft Roadtaes,wmoriaed in Mwcu ive Order.Equal OMwkmky�At6imadive Aaknoff AprII i s �moons,or aatkas proanulgated
t'a.sweoxatcaeraaots>) i<e.t.eaobotq, Page 1 of 2 Pa6a i
Required by State Fiscal Rules j
Affirmative ACS anal such othersauctiOus as maybe imposed and remedies as APrr716,1975.or by rules,reguiatioes,cr orders �+ O7Ypl0°d's provided in Executive Otder,
• SQaal Oppothm;_q�and
regWMMM or orders issued provisions
of paagrapirs(a)throogh(h)in every sub-contract and
upooeadunbcontractororveador. lie traaorwUMM�ill.taloes ��Affinnatm respect A oaofApii l6.1975Purchne order unless ons byes,
direct,as a meets ofenfaeing such peuvisi�including sanctions for w �° g orpw order as the ng a e cy mg•in,cr is thueaseoed vM6 litigation.w&h the mboongractor or vendor ss a�°o ia'0�ed•however,dW k the event the n n�`.
of Colorado to enter into such litigation to alit retina by the con In agency.the oontr becomes the State
protect the interest of the State of Colorado. �y request the State
COLORADO LABOR PREFERENCE
b. R!hen a OOO Q OD�ct for a public pojea is to be awarded to a bidder a
from a state or foreign country equal to the pteSaunoe t uidait bidder shall be allowed a bidder
detamioed t¢ven or Pnefereaee against a noatesident
by the officer required by the state a Jbrckm"May im Which the
be avaulabk or would otherwise k with W awarding the bid that compliance with the subsection� den off nal on-resident bidder
is a mident If it is
requfiamats
denial of the moneys or to eamittate the ofFeuir taw,this subsection shall be but only
' cY with��requirements(CRS&19-!Ol and 102). Y tq_ffierxteat
GENERAL
7. The laws ofthe State of Colorado and rules and rqXWi0QS issued Camraet Any provision of this Contract whether or not
pursuant�o shall be applied in the 04
by fthis
Orwhick ice which in eoa ictwithrports to said laws,rules.and d herein by re&mcc which dered tali and void.provides�nb�on by any and
W b�oorr olxtson
'my other special pttiviska im whole
by w+4'of defeasc,aegstethis Any p�ou rendered null and void o dietdtaII be valid oreafor a aotbiug contained nvaiiabk action any provision W=Porated herein
contract to 6e extent that the contract is Capable ofe woution. by ofthas provision WM twt invalidate the Wider oval ft
shall Strictly have been orS. At all �t� establkhed. +a. Coutraaor ctly adhere to s<t applicable kde:ai and State laws,rules,and regulations that
may hereafter be PmfOtmx
(a 9. Pursuan)VUIXW t it CLtS 24-30.202 4(u amended),the state controller
(e)umpddleaurs td orci�dsupport (b)rmpaidbamaoftax�a�n�w eagherchencies srges underthevendoroffsetiotaTWsysoemRS;
find;and(e)other to dw oin stfta ofhigher"Mation.(d)owed a�moambs fith is Amide 22, Title 39. CRS:
or reduced to jodgmeat as deified nU agency thereof;the amount ofwhich is found w be �es the ufSW agency compensation
IC by�e ooutroIIer. owing u a result of SW agency d�astian
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Prcvfsiaus is present.
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WMMBOF.the parties hereto have Mooted.this Contact an the day last about:writoea.
(Fun Name) StaeeofC*t do
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ATTORNEY APPROVALS
By CONiROT.T,B[t
A.Norton BY
Clifford W.Tull
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EXHIBIT A
RURAL PLANNING WORK PROGRAM
The purpose of this exhibit is to present detailed procedures for the continuation of the statewide
transportation planning process within the Transportation Planning Regions.
TASK I- STATEWIDE TRANSPORTATION ADVISORY COMMITTEE (STAC)
Purpose: For the STAC representative from the Intermountain Transportation Planning
Region to attend regularly scheduled meetings and carry out the other duties of the
STAC pursuant to Section 43-1-1104 C.R.S., as amended, and to Section V. of
the Rules for the Statewide Planning Process (2 CCR 604-2).
Method: 1. Review and comment on Regional Transportation Plans.
2. Review and provide a recommendation to the Department on whether the /
plans, amendments, and updates to these plans meet the requirements of 1/
sections V-A of the Rules. /
3. Assist in resolving conflicts which arise between TPRs, or between the 1✓
Department and a TPR.( (pp-a.1 ..jj'cA
4. Make recommendations to the Department concerning the integration and /
consolidation of Regional Transportation Plans (RTP) into the State
Transportation Plan. /
5. Provide advice to the Department on Colorado's mobility requirements by /
furnishing regional perspectives on transportation problems requiring ✓✓✓
statewide solutions.
6. Make recommendations to Planning Organizations and the Department
that will improve modal choice, linkages between modes, and
transportation system continuity.
TASK 2 -PUBLIC PARTICIPATION
Purpose: For the Intermountain Transportation Planning Region in cooperation with the
Department in carrying out the Statewide Public Participation Process for
Transportation Planning pursuant to Section VI-A of the Rules for the Statewide
Planning Process (2 CCR 604-2).
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1 .3
At
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1. Cooperate with the Department in providing reasonable notice and "
opportunity to comment on upcoming state transportation planning related
activities and meetings. /
2. Provide annual recommendations on the TPR project priorities for the
STIP through the Project Priority Programming Process.
3. Cooperate with the Department in facilitating public meetings in the TPR
pursuant to Section VI-A(6) of the Rules for the Statewide Planning
Process (2 CCR 604-2). /
4. Review and comment on draft Statewide Transportation Improvement ✓
Programs.
5. Prepare responses to significant issues raised at required public meetings
within the TPR concerning the RTP pursuant to Section VI-A of the Rules
for the Statewide Planning process (2 CCR 604-2).
TASK 3 - STATEWIDE TRANSPORTATION PLAN REVIEW
Purpose: Provide input on the integration and consolidation of regional plans with the
Statewide Transportation Plan.
Method: Review and provide comment, through the STAC representative, on elements of /
the Statewide Transportation Plan, including proposed criteria for incorporating
projects into the Statewide Transportation Plan, drafts of the Statewide
Transportation Plan, and the final Statewide Transportation Plan pursuant to
Section 43-1-1103 (3) (a) C.R.S.
TASK 4 -REGIONAL TRANSPORTATION PLAN AMENDMENTS
Purpose: Circumstances altering the transportation systems planning factors upon which the
RTP is based may change the TPRs project priority recommendations to the
Department and require amending the RTP.
Method: Amend the RTP as necessary to make additions or deletions on review and
analysis of the RTP to insure successful implementation throughout the Statewide
Transportation Plan pursuant to Section VIII of the Rules for the Statewide
Planning Process (2 CCR 604-2).
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1
AGREEMENT OF ASSIGNMENT
The Intermountain Regional Planning Commission (RPC): the assignor herein, is a
regional planning commission formed under 30-28-105 C.R.S., as the transportation planning
organization for the Intermountain Transportation Planning Region(TPR) comprised of the area
within Eagle, Garfield, Lake, Pitkin, and Summit Counties. PitkinCounty, the assignee herein, is
an Incorporated County which is a member of the RPC.
The Intermountain RPC has agreed to be responsible for regional transportation planning
activities within the Intermountain TPR, including the development of a long-range regional
transportation plan, and the Colorado Department of Transportation(CDOT)has agreed to
provide federal transportation planning funds to the Intermountain RPC to carry out this
responsibility.
Due to the facts that Pitkin County has the capability for administrative and accounting
services and has a federal tax identification number which is a state accounting prerequisite for
reimbursement of.funds, and that the Intermountain RPC does not, the Intermountain RPC
hereby assigns, orders and transfers to Pitkin County the right to receive the federal
transportation planning funds directly from CDOT. The Intermountain RPC retains all other
duties and responsibilities for regional transportation planning activities in the Intermountain
TPR as defined in the Regional Transportation Planning Contract between the Intermountain
RPC and CDOT. This agreement is effective on the date indicated below and remains in effect
until one of both parties requests a termination of the agreement in writing to the other party.
Assignor warrants:
(a) This agreement is permitted under the terms of the Transportation Planning
Contract between the Intermountain RPC and CDOT, contingent upon written
concurrence of CDOT.
(b) There are no claims or demands concerning or arising from the contract between
the Assignor and CDOT.
(c) Pitkin County agrees to receive the federal transportation planning funds from
CDOT on behalf of the Intermountain RPC for the sole purpose of reimbursing
regional transportation planning activities including administrative, accounting
and professional planning services.
(d) Pitkin County agrees to maintain separate accounting of the federal transportation
planning funds made available to the Intermountain RPC from any other funds
received by the Pitkin County.
(e) Pitkin County agrees to comply with the terms of the Regional Transportation
Planning Contract provisions.
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(fl The Intermountain RPC retains all other duties and responsibilities for regional
transportation planning activities in the Intermountain TPR as defined in the
Regional Transportation Planning Contract.
IN WITNESS THEREOF, the Intermountain Regional Transportation Planning
Commission has executed this Agreement of Assignment through the undersigned officer on the
date written below.
Intermountain Regional Planning Commission
Chairperson
Date:
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ACCEPTANCE
Pitkin County, the assignee named in the above agreement, accepts the assignment from
the Intermountain Regional Planning Commission (RPC) to receive the federal transportation
planning funds from CDOT on the behalf of the Intermountain RPC for the sole purpose of
reimbursing regional transportation planning activities including administrative, accounting and
professional planning services.
Further,Pitkin County agrees to maintain separate accounting of the federal
transportation planning funds made available to the Intermountain RPC from any other funds
received by Pitkin County.
And, Pitkin County agrees to comply with the terms of the Regional Transportation
Planning Contract provisions.
Pitkin County
By: -
Date:
CONSENT
By its signature below, CDOT consents to the terms of this Agreement of Assignment.
COLORADO DEAR MENT OF TRANSPORTATION
By:
Date /
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