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HomeMy WebLinkAboutbocc.res.063.2003 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ACCEPTING RESPONSIBILITIES FOR ADMINISTRATION OF THE INTERMOUNTAIN REGIONAL PLANNING COMMISSION. RESOLUTION NO. 0~$ -2003 RECITALS 1. General purpose local governments within the Intermountain Transportation Planning Region (ITPR) have agreed that the Pitkin County 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 USC Section 135. 2. {}43-1-1101 C.R.S. indentifies Regional Transportation Commissions fo~' TPRs as the proper forum for regional transportation planning. 3. The State desires to delegate its responsibility for assessing and coordinating the transportation needs for any jurisdictions within the Intermountain TPR to Pitkin County and desires to reimburse Pitkin County up to $6500.00 for associated planning costs. 4. Pitkin County desires to accept responsibility for coordinating regional transportation planning for the ITPR while Commissioner Mick Ireland maintains the status as IRPC Chairman for the State Transportation Advisory Committee to the Transportation Commission. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the Chairman of the Board of County Commissioners of Pitkin County, Colorado is hereby authorized to sign the Contract with the State of Colorado in assigning intermountain regional transportation planning responsibility to' Pitkin County. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON JUNE 11, 2003. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON JUNE 7, 2003. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON JUNE 25, 2003. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON JULY 5, 2003. / By Jear Depl ~T: ' ~te Jono~ ' County Cle~ BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jack Ha~jer'd, Chairman ~) Date: ~./~//~)'~ *MANAGER APPROVAL: ~__ Hila~ Fletcher Smith, County Manager Brian Petter, Director of PUblic Works Routing No: 03-ITTD-00079 REGIONAL TRANSPORTATION PLANNING Intermountain Transportation Planning Region TPR THIS CONTRACT, made this c]'4t~day of f~qP~ Cc),- 2003, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation (C'DOT), Division of Transportation Development, hereinafter referred to as "the State", and the lntermountain Regional Planning Commission (RPC), 76 Service Center Road, Aspen, CO 81611, created under powers set forth in §§43-1-I102(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, Fund 400, Organization 9991, Appropriation Code 010, Program 5000, Function 1441 Object 5180-I (P), Reporting Category 0510, Project 14062, Phase 2, TOTAL ENCUMBRANCE IS $65,000 EXACTLY; The Catalog Federal Domestic Assistance number (CFDA) that ~lates 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, the State ' "~" ' ' has received a Section 5313(o) technical studies grant (the "grant") from the.U.S. Department of Transportation, Federal Transit Administration, herein 'after referred to as "FFA"; and WHEREAS, general purpose local governments within the Transportation Planning Region fi'PR) as defined in the intergovernmental agreement of the contractor, have agreed that the Contractor shall assume responsibilities, in coopomtion with the State and in accordance with Sections 30-28-105 and 43-1-1103(1) C.R.S. and 23 U.S.C. Section 135; and, WHEREAS, pursuant to Section43-1-1103 (5) C.R.S., state legislation requires the CDOT to integrate and consolidate regional transportation plans into a comprehensive state transportation plan; and, WHEREAS, Sections 43-1-901, C.R.S. authorize the State Department of Transportation to enter into such contracts as may be necessary for state application and administration of Section 5313(b) of the Act, being a grant program for the planning of transit projects and for other technical studies; and WHEREAS, Section43-1-1101 C.R.S. identifies RPCs (RPC) for the TPRs as the proper forum for regional transportation planning; and, WHEREAS, pursuant to section43-1-1103(3)(a) C.R.S., the R.PCs, 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 sections43-1-1102(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, WHEREAS, the Regional Transportation Plan is complete and will be updated on a six year cycle pursuant to Section VII of the Rules; and WI-IEREAS, the Regional Transportation PI~ ' ' ' ' n may be'amended pursuant to Section ~ '. of th.e Rules during intervening year. s so'as to reflect changing conditions and maintain · .'., k. '.,; '. :' .., consistency, with the long range state'trarisportation plan and the State Transportation .. '" , · ..'Improvement*Program (STIP): and, i.~ ' ,' ::, ~' , .- . -. ,' · '. the State receives on an annual bas~s federai'~tate 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, WHI:~REAS, the State desires to delegate its responsibility for assessing the transportation needs for any jurisdictions within the Intermountain Transportation Planning Region TPR not participating on the Intermountain Regional Planning Commission Range RPC; and, WHEREAS, the Intermountain Regional Planning Commission RPC desires to conduct regional transportation planning for any jurisdiction within the Intermountain Transportation Planning Region TPR not participating on the Intermountain Regional Planning Commission 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, 2 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 September 30, 2004; and, WHEREAS, the Contractor desires to perform the work described in the (Exhibit A.1 and Exhibit A.2) and has agreed to monitor the progress and costs of the work in order to stop performance prior to incurring costs in excess of $65,000; and is the only entity empowered with this responsibility; and, WI-tEREAS, this contract is entered into pursuant to the authority of sections43-1-106, 43-1-224, 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 Transportation Planning Region TPR as more specifically,describ~,d herein. The parties agree: : "' '.:. ' I. SCOPE OF WORK- · The intergovernmental ~greement creating the Contractor unde~ sectio~ 30 28 A · · 105 ' C.R.S., the Statewide Transportatio~'?lanning Pr~es~ ~ci Transportation Planning " : Regions rules (2 CCR 604-2; "the Rules");.and the Code of Fe~teral Regulations (CFR 23, · . Part 172/~nd CFR 49, Part 18) regardingadministration of negotiated contracts are made a part of this contract by reference. The State Special Provisions are a part of this contract. Exhibit A. 1 Rural Planning Work Scope and Exhibit A.2 Transit Element 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.1 and Exhibit A.2 for the expenditure of SPR funds during the Program Period. 3 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.1 and Exhibit A.2 are spent in accordance with all applicable State and Federal requirements and with the terms of this contract. F. The Contractor shall provide the products and services identified in Exhibit A.1 and Exhibit A.2 to the State by the specified date(s). G. 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.1 and Exhibit A.2 and Section I. The selection for consultant services shall be in compliance with all federal procurement 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. H.' · The progress and cost data associated with tasks described in Exhibit A.1 and Exhibit A.2, and Section I shall be monitored by the S~ate at least quarterly. The State reserves ' the right to a mid year review meeting ~ind. will provide a.t l.e. ast one week's notice of the - date and time of anymeeting. . :': .~.:. :. , ' II COMPENSATI0~'(Obligatiofi ~i'iling) ' A. The contractor shall bill the State for the all6wable cost of those tasks eligible for SPR funds identified in Exhibit A.1 and Exhibit A.2. 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 scope task incurred during the repo~ng period. 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 II, Paragraphs B and C. B. The State's obligation under this contract shall not exceed the maximum amount of $65,000 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.1 and Exhibit A.2, Section I and as provided in applicable Federal Regulations 4 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 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 fights, 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 par[ thereof are not received by the State, the State may immediately terminate this contract without liability, including liability for termination costs. IlL .GENERAL PROVISIONS A. For the purpose of this Contract, George Ventura for Regional Planning and Jennifer Stewart for Transit Planning are hereby designated representatives of the State and Brian Pettet 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 foi'tl~ · ' below: .. .. .. .:..: To CDOT: '.'. ' ~To The Contractor: George Ventura/Jennifer Stewart ' ' Brian Pettet CDOT Regional and Transit Planning Intermountain Reg. Planning Comm. Division of Transportation Development 76 Service Center Road 4201 East Arkansas Avenue, EP B606 Aspen, CO 81611 Denver, CO 80222 B. The panics state 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 Regional Planning Region 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, 5 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 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 fight 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 o;r 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 Transportation Planning Region 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 c6ntract shall be ~viewed and · .- approved pursuant to the procedures established u'nder the Rules, but no report will be published without the prior approval of FI-BVA. 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 flu'ee years from the date of termination of this contract. These records shall be made available for inspection and audit to the State, FI-BVA, 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.1 and Exhibit A.2. FI-BVA will arrange such reviews 6 and inspections through the State. E. 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 terminate at the expiration of the period of notice. F. 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 can'ying 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. G. The term of this contract shall begin on the executed date and extend through September 30, 2004. (1) Contract Options "'- '. A. The state may increase the quantity of goods/services described in Exhibit A.1 ·: : - · . and Exhibit A.2 at the unit prices established .in the contract. The state may .. ; ...... ' i th pti by rift ti th ithi 60d befo .:.- -~ ,-: " .exercse eo on w enno ce to econtractorw n ays re ~ the option begins in a form substantially equivalent to Exhibit B. Delivery/performance of the goods/service shall continue at the same rate and ' · · · under the same terms as established in the contract. · .' B. The state may unilaterally increase/decrease the maximum amount payable under this contract based upon the unit prici~s established in the contract and the schedule of services required, as set by the state. The state may exercise the option by providing a fully executed option to the contractor, in a form substantially equivalent to Exhibit B, immediately upon signature of the State Controller or his delegate. Performance of the service shall continue at the same rate and under the same terms as established in the contract (2) Change Order Letters A. Bilateral changes within the general scope of the contract, as defined in Paragraph I above, may be executed using the change order letter process described in this paragraph and a form substantially equivalent to the sample change order letter attached as Exhibit C for any of the following reasons. (1)Where the agreed changes to the specifications result in an adjustment to the price, delivery schedule, or time of performance. 7 (2) Where the agreed changes result in no adjustment to the price, delivery schedule, or time of performance. The change order shall contain a mutual release of claims for adjustment of price, schedule, or time of performance. (3) Where the changes to the contract are priced based on the unit prices to be - paid for the goods and/or services stashed in the contract or Attachment. (4) Where the changes to the contract are prices based on established catalog generally extended the public. B. Other bilateral modifications not within the terms of this paragraph must be executed by formal amendment to the contract, approved in accordance with state law. H. 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 · .. '" ' :' .. ' ~.' 'beconstmedaswaiverofanyotherterm.- · . .. .: :.. .. : ~.--:.. ,,..: ...... · . · '. , ,.I. This Contract is intended as the complete integration ~f all understanding between th~ · ' parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any fome 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. J. Except as herein othenvise provided, this Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. K. Neither party may assign its rights or duties under this Contract without the prior written consent of the other party. L. The Contractor represents and wan'ants 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 .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 grantee/local 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 o~ 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 Cohtractor 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 18.360) or section 19.360) (which are also deemed incorporated herein) 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 Titie 23) are more specific than provisions of Title 49, Part 18 or 19, those requirements shall supersede such Part 18 or 19 provisions. 9 (For Use Only with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL. CPS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the · State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. IN'DEMANIFICATION. Indemnity: The contractor shall indemnify, save, and hold harm/ess the State against any and all claim.s, damages. liability and corot awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. .No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the ~mmunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 etseq, or the FederalTort Claims A6t. 2g U.$.C. 2671 etseq, asipp cable, as noworbereafter "' · ' " : ::amended.' ...... ;. .. ... . . . 4. INDEPENDENT CO,NTFRACTOR. 4 CCR 801-2 . , :.', .' , · THE CONTRACTOR SHALL PERFORM frs DLrrlF_~ HEREUNDER AS AN ]ff~,'DEPENDENT CONTRACTOR AND NOT A~ AN . . EMPLOYEE.. NEITHER THE CONTRACTOR NOR ANY AOENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGIINT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHE~I DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MON~ PAID BY THE STATE PUPSUANT TO 'rHIB CONTRACT. CONTRACTOR ACKNOWLEDGES THAT TH~ CONTRACTOR AND ITS EMPLOYF_.ES ARE NOT ENiiiLED TO UNEMPLOYMENT INSURANCE B ENEFrFS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND 'I'HAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTR. AcroR SHALL HAVE NO ALrrIIORIZATION, l~PRESS OR griP! ~'n, TO BIND THE STATE TO ANY AGREF~fENTS, LIABILITY, OR UNDERSTANDINO EXCEPT A~ EXI'RESSLy SET FORTH HERE~. CONTRACTOR SHALL PROVIDE AND KEEp IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN ThE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and thc spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of 10 this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall shqcfly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. '7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. Revlsed: 12/1101 11 TIlE PARTIES IIERETO IlAVE EXECUTED Tills CON'TRACT CON'TRA CTOR: STATE OF COLORADO: GOVERNOR $odal Security Number or F~IN -~' S'~i~ ~4~"~ ~/' LEGAL REVIEW: 'gnatur~ of Authorized Officer KEN SALAZAR ATI'ORNEy GENERAL Print Name & Title of Authorized om~ . TracykFffns~lla/ -' t-- -- Assistant Attorney General Natural Resources S:ction CORPORATIONS: // . . . (A empomt~ seal or attestatio~ is requital.) .... .ALL CO~CTS ~ST BE APPRO~D BY T~ STA~ CO.ROLLER C~ 24-30-202 requlr~ that the State Controller approve all state contrac~ Th~ ~ntract ~ not valid until the State Controller, or ~eh m~tant ~ he ~y delegate, has sign~ IL The contractor ~ not au~ortz~ to begin pe~o~nce until the ~ntraet ~ signed and dated below. If perfor~nce begi~ prior to the date below, the S~te of Colorado ~y not ~ obligated to pay for the goo~ an~or servic~ provided. STATE CONTROLLER: 12 EXHIBIT A.1 · RURAL PLANNING WORK SCOPE The purpose of this exhibit is to detail procedures for the preparation of an update to the Regional Transportation Plan. This process will provide a minimum 20 year plan addressing transportation needs in the Intermountain Transportation Planning Region CI'PR). TASK 1 -PROJECT ORGANIZATION Purpose: This task will identify the key participants in the regional transportation planning process and will establish the relationship between the participants. In this initial stage, a final approach to the work tasks will also be agreed upon. 1.I Establish a Working Group (WG) including members of the Regional Planning Commission (RPC), and at least one technical staff member from each participating county, municipality and the Colorado Department of Transportation (CDOT) 1.2 Develop operating procedures for interaction between the consultant, the WG and the main body of the PPG. 1.3 Review and discuss any unclear or unresolved work tasks, technical approaches or work ~ ' products with the RPCAVG. Finalize and agree upon the work plan before proceeding. 1.4 Clarify and agree upon all expectations of the RPc/WG members regarding provisions of- data or assistance to the consultant. TASK 2 - PUBLIC PARTICIPATION PROCESS Purpose: The public participation component of the Regional Transportation Plan provides the opportunity for citizens to become more involved and understanding of the process used in the .development of transportation projects, both in their region and the state. Early identification of issues, problems and cooperative solution-building efforts can reduce the potential for conflict later in the transportation planning process. Following existing state and federal laws, rules and regulations and the Public Participation section in the Colorado Regional Transportation Planning Guidebook, develop a public participation process to be used in the development of the Regional Transportation Plan. 2.1 Develop and document a process that allows for citizens of the region to be kept informed and involved on a continual basis and a process that facilitates cooperation and consensus- building in the development of the Regional Transportation Plan. 2.2 Document public meetings, prepare minutes, keep a roster of attendance and document responses to major comments from the meetings related to the development of the Regional Transportation Plan. 13 TASK 3 - REGIONAL VALUES, VISION, GOALS, OBJECTIVES AND STRATAGIES Purpose: This task will result in an agreed upon vision for the Transportation Planning Region with a list of transportation goals and objectives on how to attain the vision for the P-PC. These goals and objectives will be used to evaluate transportation alternatives being considered in the development of the Regional Transportation Plan. 3.1 Keeping the CDOT mission and vision in mind review the vision for the Transportation Planning Region to see if it needs updated. 3.2 Work to identify a list of the issues with which the region will need to deal with in order to achieve the "vision". Categorize these issues into general groups by level of significance to the region. 3.3 Work to prepare a series of transportation goals and objectives for the region. 3.4 Present these preliminary lists of issues and goals in the first series of public workshops and revise accordingly. 3.5 Present and discuss these lists of issues and goals with the RPC and finalize the list with their input. ~ :: ' TASK 4 - INVENTORY OF EXISTING .TRANSPORTAITON SYSTEM · ' Purpose: This multi-modal inventory will serve'as a'baselin~ s/:rv~y of all existing transportation facilities and services in the region,. It will delineate the existing transportation services provided to the area. This existing transportation network will serve as a base for projecting future transportation investments to the system. Most of this information should be available from the Transportation Planning Dataset or from ongoing or recently completed CDOT studies. 4.1 Compile existing roadway inventory data. Such data shall include roadway miles, traffic volumes, volume/capacity relationships, traffic composition, accidents histories, surface conditions, and bridge structure conditions. A review of existing functional classification maps should be preformed. If information gaps are identified, the counties will be asked to supplement this information as much as possible from their data sources. 4.2 Gather data on the public transit services in the region. This information shall include detailed information on the operating and physical characteristics of the fixed route and specialized service provides within the Transportation Planning Region. The resources of the CDOT Transit Unit and the Colorado Association of State Transit Agencies should be used in developing the transit profile. 4.3 Bicycle and pedestrian facilities of all types will need to be inventoried. These will include bike lanes, bike routes, and other popular on-street facilities, as well as off-street bike and 14 pedestrian paths. This information will be compiled from local plans, the CDOT bicycle corridor map and from bicycle and pedestrian organizations in the area. 4.4 Rail infrastructure, including type and condition of rail service frequency (passenger and freight) in the Transportation Planning Region, will be surveyed and documented. Issues concerning abandonment, mergers, and alternative transportation uses of existing rail lines should be identified. Primary contacts should include the CDOT modal branch, railroads that are currently or anticipate providing service in the area. 4.5 The Division of Aeronautics will provide financial, operating and physical data on the airports within the Transportation Planning Region. This information should include at a minimum the location of aviation facilities, level of commercial and private air service provided, and passenger boarding and deplaning data. If the Division is unable to provide this information, it can be gathered through direct contacts with management of ail of the airports. 4.6 Intermodal facilities need to be inventoried. These facilities include but are not limited to local park-n-fide facilities, satellite parking facilities, transit stations, rail/truck transfer centers, and air/freight terminals. · · TASK 5 - SOCIOECONOMIC AND ENVIRON'MENTAL REGIONAL PROFILE ·" Purpose: This task will develop a population, employment and environmental (both natural and:. · ;'.~ ;;: '. ~ :', human) profile of the Transportation'Planning Region ~hat'will be used as the basis for projecting' future travel demand and potential environmental concerns. CDOT will provide U. S. Census,- ': .; ' ~" State Demographers population data and environmental dath in the'Transportation Planning :. · · Dataset. . ~ . · .. .,- ...; ... . . ..: .... 5.1 Compile dat~/from federal, state and local sources on current and future population projecti6ns, household breakdowns, current and future employment projections and other pertinent census information. 5.2 Identify all major activity centers in the region and compile characteristic data on these centers. Such centers could include but not be limited to major shopping centers, employment centers, distribution centers, education centers, health care facilities, governmental centers, national parks, state parks, local parks, and correctional facilities. Identification of these centers may be a critical component of the travel demand forecasting methodology. 5.3 Perform an environmental scan to identify areas that may be sensitive to the natural and human environment. These areas could include wetlands, air quality areas, historic areas, archeological areas, concentrations of low-income populations and concentrations of minority populations. 15 /7 TASK 6 - MOBILITY DEMAND ANALYSIS .Purpose: In this task the RPCAVG will estimate future travel demand for the transportation system based on anticipated growth. The methods that could be used in developing travel demand are briefly discussed in the Regional Transportation Planning Guidebook. While the development of a full-scale transportation-forecasting model is an option, it is believed that a less costly and more cost effective method should be used to estimate travel demand in the Transportation Planning Region. 6.1 An estimate of future traffic volumes on the highway system should be made. The use of CDOT's 20-year expansion factors should be used to estimate the base case to determine if a more sophisticated technique for developing travel demand should be used. 6.2 Future travel demand for alternative modes of travel will be developed on the basis of previous user levels on comparable systems in the Transportation Planning Region or on the basis of similar services in other communities in Colorado or other locations. For example, transit systems and small airports in other regions of the state should be used as measures to develop preliminary patronage figures. Where appropriate, the "Colorado Passenger Rail Feaslblhty Study and the Colorado Transit Needs and Benefits Study" should be consulted. TASK 7 - ALTERNATIVES ANALYSIS · ·-' ' .:' · Pttrpose: This task-will identify and analyze various modal.options associated with their' - ~:. ' "... development for meeting the mobility demand of:the Transportation Planning Region. 7.1 In each corridor identified as needing capacity improvements, an analysis should be done to determine the potential for mode or modal combinations to address corridor and mobility needs. The analysis should at a minimum, evaluate capacity, roadway geometry, passenger/freight carrying capacity and safety issues for each alternative in the corridor. 7.2 On state significant corridors within the Transportation Planning Region a vision statement for the corridor needs to be provided that will include identification and possible solutions to mobility, safety, system quality and environmental concerns. TASK 8 - PREFERRED PLAN Purpose: The result of this task will be an identification of the elements of a preferred 20-year transportation plan for the region. These transportation projects will be chosen on the basis of need and each project's ability to achieve the desired goals and objectives of the Transportation Planning Region. 8.1 The RPC/WG will develop the needs by mode for the Transportation Planning Region. 8.2 Assess alternative transportation solutions to meet these needs in a systems context. 16 TASK 9 - PRIORITIZATION PROCESS .Purpose: Since the preferred project listing will far exceed existing and future revenues, it is important that the RPC/WG have a method to compare objectively in developing a financially constrained transportation plan. The RPC/WG will develop a list of relevant technical transportation and transportation related criteria to aid in objectively ranking the projects identified in the Transportation Planning Regions preferred plan. 9.1 The RPC/WG is to establish criteria for ranking proposed transportation projects. It is important .that early.development and acceptance of criteria be established so that all projects ar~ assessed m a consistent manner. However, it is important for these criteria to be somewhat general in nature so they have the ability to prioritize across modes. 9.2 The RPC/WG is to establish a ranking across modes oftbe proposed projects in relation to how they best meet the objectives of the Transportation Planning Region (a suggested pfiofitization process is included in the "Colorado Regional Transportation Planning Guidebook.) TASK 10 - HNANCIALLY CONSTRAINED TRANSPORTATION PLAN ' -- Purpose: To modify the preferred Regional Transportation Plan to reflect those elements of the plan i "". that could be implemented within the anticipated funding 'available over the plans 20-year time frame. c.. 10.1 To realistically assess potential revenues from state, federal and local sources, obtain from CDOT an estimate of the CDOT Regional allocation that may be available to the entire CDOT .' ..... ' ~ Region over the 20 year period 10.2 Identify any additional sources of funding which may be available and determine whether they can be included as potential revenue available to the Transportation Planning Region. These other sources could include private revenues or a best estimate of future local government contributions. 10.3 The RPC/WG working with the C-'DOT Region will develop a constrained Regional Transportation plan based on the process as outlined in the Colorado Regional Transportation Planning Guidebook. TASK 11 - DRAFI' REGIONAL TRANSPORTATION PLAN Purpose: Develop a draft Regional Transportation plan following the guideline set forth in the Colorado Regional Transportation Planning Guidebook. 11.1 Prepare a draft Regional Transportation plan for review by the RPC_~VG no later then February 1, 2004. 17 /¢ 11.2 Present both the draft preferred and constrained plans at a public meeting, public forum, or open house. 11.3 Obtain review comments on the draft Regional Transportation Plan and finalize the draft before submitting 10 Black and White copies, as well as an electronic version the document · to CDOT for review no later then April 1, 2004. TASK 12 - FINAL REGIONAL TRANSPORTATION PLAN Purpose: To develop the Final Regional Transportation Plan. The final Regional Transportation Plan will reflect reviews made by the RPGF~VG, the public, CDOT and the Statewide Transportation Advisory Committee and where appropriate, include those suggesteri changes to the plan. 12.1 The RPC, within sixty days of receiving comments from CDOT on the draft Regional Transportation Plan, will incorporate all comments and submit the final Regional Transportation Plan to CDOT along with a resolution of adoption no later then September, 1 2004. 12~2 The RPC will provide 5 copies, and an electronic version on the final Regional Transportation . . : Plan to CDOT. 18 SAMPLE OPTION LETTER Exhibit _B_ Date: State Fiscal Year: Option Letter No. SUBJECT: [Option to Renew] [ Amount of goods/Level of service change] In accordance with Paragraph(s) of contract routing number , [ your Agency code here ], between the State of Colorado Department of or Higher Ed Institution [ your agency name here ], [ division], and [ Add Contractor's name here ] covering the period of [ July 1, 20 through June 30, 20 , ] the state hereby exercises the option for [an additional one year's performance period at the (cost) (price) specified in Paragraph .] and/or [increase/decrease the amount of goods/services at the same rate(s) as specified in Paragraph/Schedule/Exhibit ..] The amount of funds available and encumbered in this contract is [ increased/decreased ] by · [ $ amount of change] to a new total funds available of [ $ .] to satisfy .. services/goods ordered under the contract for the current fiscal year [ FY 0 ]. The first sentence · in Paragraph 'is hereby modified accordingly. The total contract value to include all previous amendments, option letters, etc. is [ $ '.. APPROVALS: State of Colorado: Bill Owens, Governor By: Date:. [ Executive Director/College President ] Colorado Deparunent of or I-Iigher Ed Institution ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLI CPS 24-30-20..' requlr~ that the State Controller approve all slate contracts. Tiffs contract is not valid until the State Controller, or ~ch assistant as he may delegate, has signed IL The contractor ts not uuthorLzed to begin performnnce 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 goods and/or servlc~ provided. State Controller Arthur L. Barnhart By: Date: 19 SAMPLE BILATERAL CIIANGE ORDER LETTER Exhibit. C Date: State Fiscal Year: Bilateral Change Order Letter No. In accordance with Paragraph of contract routing number , [ your agency code here ] · between the State of Colorado Department of or Higher Ed Institution [ your agency name here . ] ( division) and [ Contractor's Name llere ] covering the period of [ July 1, 20 through June 30, 20 ] the undersigned agree that the supplies/services affected by this change letter are modified as follows: ~ervicerJSu pplies Exhibit , Schedule of Equipment for Maintenance or Schedule of Delivery, is amended by adding , serial numbers and price/Cost The maximum am. ount payable by the State for [servicel [supply] in P .ar.'agr~. p.h Is (increased/decreased) by ($ amount of change) to a new-total of ($ ) based on the umt pacing schedule ia Exhibit . The first sentence in Paragraph is hereby modified accordingly; The total contract value to include all previous amendments, change orders, etc. is [ $ ]. ....~ · .: .. Thepani¢sagreethatthechangesmadehereinare~n~c~st~changesaadsha~~h~tbethebasisf~rc~aimsf~r ... ..... · ..... . :- adjustment to [price] [cost ceiling], delivery schedule, or other terms or conditions of the contract. The parties .. · Waive and release each other from any claims or demands fgr adjustment to the contract, including but not · ' .- limited to price, cost· and schedule, whether based on costs of changed w6rk or direct or indirect impacts on · . unchanged work. Controller approval of this "no cost" change is not required, contractor initials. Agency initials. [ Include this sentence: This change to the contract is intended to be effective as of , or on approval by the State Controller, whichever is later. ] Please sign, date, and return all copies of this letter on or before .20 APPROVALS: Contractor Name: State of Colorado: Bill Owens, Governor By: By: Date: Name For the Executive Director/College President Title Colorado Department of or Higher Ed Institution ALL CONTRACTS MUST BE APPROVED BYTHE STATE CONTROLLER CRS 24.30-202 requires that the State Controller approve all state conwact& ThLs contract is not valid until the State Controller, or such assistant as he may delegate, has signed I~ The contractor is not authorized to begin performance until the contract Is signed and dated below. If performance b~Ins prior lo the date below, the State of Colorado amy not be obligated to pay for goods and/or services provided. State Controller, Arthur L. Barnhart 2O By: Date: 21 AGRF. r~MENT 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, Ga~'field, 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 DeparUnent of Transportation (CDOT) has agreed to provide federal transportation planning funds to the Intermountain RPC to can'y 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 ar~ no claims or demands concerning or arising from the contract between the Assignor and CDOT. (c) Pitkin Ceunty agrees to receive the federal transportation l{lanning 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 Pitldn County. (e) Pitkin County agrees to comply with the terms of the Regional Transportation Planning Contract provisions. 22 (f) The Intennountain RPC retains all other duties and responsibilities for regional transportation planning activities in the I~termountain 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 By: ~ Chairperson Date: I~~_ 23 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 lntermountain 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 /,h, 7/o ' .... : Date: : .... CONSENT By its signature below, CDOT consents to the ter~ of this Agreement of Assignment. COLORADO DEPARTMENT OF TRANSPORTATION 24