HomeMy WebLinkAboutbocc.con.005.2003APPROVED BY BOCC
ON I-Z -03
REGIONAL TRANSPORTATION PLANNING
Intermountain Transportation Planning Region
TPR
Routing No: 03-ITTD-00079
CONTRACT
CONTRACT
THIS CONTRACT, made this k] q~day of [~/3Tp_.k.. .2003, 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), 76 Service Center Road, 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, Fund 400, Organization 9991,
Appropriation Code 010, Program 5000, Function 1441 Object 5180-1 (P), Reporting Category
0510, Project 14062, Phase 2, TOTAL ENCUMJ3RANCE IS $65,000 EXACTLY; The Catalog
Federal Domestic Assistance number (CFDA) tha..t re, lares 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(b)technical studies grant (the "grant")
from the. U.S. Department ' '~'~
of Transportatton, Federal Transit Administration; herein:after referred
to as "FTA"; 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
Sections 30-28-105 and 43-1-1103(1) C.R.S. and 23 U.S.C. Section 135; and,
WHEREAS, pursuant to Section43-~-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 5313Co) of the ACt, being a grant program for the planning of transit projects and for
other technical studies; and
WHEREAS, Section43-1-1 I01 C.R.S. identifies RPCs (RPC) for the TPRs as the proper
forum for regional traniportation planning; and,
WHEREAS, pursuant to secfion43-1~l t03(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 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.
WHEREAS, the Regional Transportation PI~in may~be' a~nended pursuant to Section VII
of th,e,Rutes during intervening year_s so;as.to reflect changing conditions and maintain ·
consistency_ with the long range state'transportati.oi~ plan and the State TransPortation
'knpr9y t:P gram (STISP):
:: emen ro and,. ~'~
~ . WHEREAS, the State receives:onan annual' basi~ 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,
WHEREAS, the State des/res 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 jurisdichon within the lntermountain Transportation
Plan~fing Region TPR not participating on the lntermountain 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 admirdstered
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,
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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 ~ictivities associated with the statewide transportation planning process, for
the period beginning with the executed date of the contract through September 30, 2004; and,
W-"r/EREAS, 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,
WHEREAS, 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, TH~EREFORE, 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 described herein. The parties agree:
L SCOPE OF WORK ,,
The intergovernmental agreement:creating:the Contractor under section 30-28-105 . ~ :.
C.R.S., the Statewide Transportatioh'~lanning ProCes~ ~inci"Tramportation Planning
Regions rules (2 CCR 604-2; "the Rules'!);:and the Code of Fe~Ieral Regulations (CFR 23,
Part 172 hnd CFR 49, Part 18) regarding.administration 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.
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.
The contractor shall cooperatively undertake the activities related to the statewide
transportation planning process, set forth in Sections IV, V, VI, V~ and VIII of the Rules
and perform the tasks identified in Exh/bit A.1 and Exhibit A.2 for the expenditure of
SPR funds during the Program Period.
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.
The contractor shall assure that SPR funds spent during the Program Pdriod 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.
The Contractor shall provide the products and services identified in Exhibit A.I and
Exhibit A.2 to the State by the specified date(s).
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.
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 State at least quarterly. The State reserves
the r/ght to a mid year review meeting ~/ncl~will p?ovide' a~r 1.e. asr one week's notice of the
date and time of any meeting.
II. COtV[PENSATION:'(Oblio~ntion~ Billing)
The contractor shall bill the State for the'allowable 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
reporting 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 1I, Paragraphs B and C.
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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 al/costs incurred which are either not allowable or which exceed
the total estimated costs without a prior executed supplemental agreement.
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
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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.
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 r/ghts, 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 tiffs
contract without liability, including liability for termination costs.
HI. GENERAL PROVISIONS
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 Petter is hereby designated representative of the contractor. Either parry may from
time to time designate in writing new or substitute representanves or new addresses
where notices shall be sent. All'notices required:to.be gi~ven:by the parties hereunder
shall be given by certified or registered mail to the individuals at the addresses set foftli
below:
To CDOT:
George VenturaJJ'ennifer Stewart
CDOT Regional and Transit Planning
Division of Transportation Development
4201 East Arkansas Avenue, EP B606
Denver, CO 80222
To The Contractor:
Brian Petter
Intermountain Reg. Planning Comm.
76 Service Center Road
Aspen, CO 81611
The parties 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.
The Contractor warrants that it has the author/ty 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,
subcontractors, agents, or employees of the Contractor.
(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 p~'oduced 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 right to reproduce, publish, or
otherwise use and to authorize others to use, all such materials for State and U.S:
G0vemment 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 th/s contract in whole oi' in part, in any manner and for any purpose
whatsoever, and to have or permit others to do so. However, should the
Con. tractor choose to market computer files and/or software produced under this
project, the State agrees to refer inqukies 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 WorkProgram 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 reviewed and
approved pursuant to the procedures established ~/rider the Rules; but no report
will be published without the prior approval of FHWA. ) Any pu¢lished 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 Extfibit A.1 and Exhibit A.2. FHWA w/ll arrange such reviews
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and inspections through the State.
Either party has the right to withdraw from this contract by g/ring 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.
Officers, memlSers, 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 exeicise 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 th/s 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.
The term of this contract shall begin on the executed date and extend through September
30, 2004.
(i) Contract Options
The state may increase the quantity of goods/services described in Exhibit A. 1
and Exhibit A.2 at the unit prices established jn the contract. The state may
exercise the option by written notice.to· the.contractor within 60 'days before
the option beg/ns in a form substanrial/y equivalent to Exhibit B.
Delivery/performance of the goods/service shall continue atthe same rate and
under the same terms as established in the;contract.
The state may unilaterally increase/decrease the maximum amount payable
under this contract based upon the unit pric~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 estabhshed in the contract
(2) Change Order Letters
A. Bilateral changes within the general scope of the contract, as defined in
Paragraph 1 above, may be executed using the change order letter process
described in this paragraph and a form substantially equivalent to the sample
change order letter aitached 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.
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(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 pr/ced 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 pr/ces based on established catalog
generally extended the public.
Other bilateral modifications not within the terms of th/s paragraph must
be executed by formal amendment to the contract, approved in accordance
with state law.
H. To the extent that tiffs 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 aterm hereof shall not .
be construed as waiver of any other term.. . · ...
I. 'This Contract is intended as the complete integration ~>f al:l understanding between th~
parties. No prior or contemporaneous addition, deletion, o~ 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 ekecuted and approved pursuant to the State
Fiscal rules.
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.
Neither party may assign its rights or duties under this Contract without the prior written
consent of the other party.
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 .GRANT ASSURANCES
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Since this grant contract involves the expenditure of federal funds, the grantee/local
agency/contractqr 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, wkich are incorporated herein by this reference as terms and
conditions of this contract. The grantee/local agency/contractor shall al§o requ/re
compliance with these statutes and regulations in subgrant agreements entered into under
this contract. F~deral laws and'regulations that may be applicable include:
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)
(2)
.' (4)
the Contractor shall follow applicable procurement procedures, as required by
section 18.36(d) or 19.36(d);
the Contractor shall request and obtain prior CDOT approval of changes to any
subcontracts in the manner, and to the extent required by, applicable prov/sions of
section ~8.30 or section 19.30; '
the Contractor shalI Comply with section 18.37 or section 19.37 concerning any
subgrants; -
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 18.360) or section 19.36(i) (which are also deemed incorporated herein)
into any subcontract(s) for such services as terms and conditions of those
subcontracts.
Title 23, United States Code, Part 172, and Title 23, Code of Federal Regulations, Part
172, if the contract work includes professional engineering or arctdtectural services.
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.
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.
(For Use Only with Inter-Governmental ContraO.s)
1. CONTROLLER'S APPROVAL. CRS 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. INDEMNIFICATION.
Indemnity: The contractor shall/ndemnify, save, and hold harmless the State against any and all claims, damages,
liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or om/ssion by
the Contractor, or its employees, agents, subcontractors; or assignees pursuant to the terms of this contract.
.No term or condition of th/s contract shall be construed or interpreted as a waiver, express or hnplied, of any of the
~mmumues' rights, benefits, protectmn, or other provisions for the part~es, of the Colorad0 Governmental immun/ty
: Act, CRS 24-10- I01 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671' et seq: as ~p
::arrteni:lei:t: i plicable, as now or hereafter
4. INDEPENDENT cONTRACTOR. 4 CCR 801-2 . .~ .
THE CONTRACTOR SHALL PERFORM ITS DUTIES I-IEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEr/~IER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE
DEEMED TO BE AN AGENT OR EMPLOYEE OF TH~ STATE. CONTRACTOR SHALL~PAy WI-IEN DUE ALL REQUIP~D
EMPLOYMENT TAX~ES AND INCOiVIE TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY TH~ STATE PURSUANT T0 THIS
CONTRACT. CONTRACTOR ACICNOWLEDGES THAT ~ CONTRACTOR AND ITS FmMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS TI~ CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND
THAT TI-~ STATE DOES NOT PAY FOR OR OTI~RWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HA~/E NO
AUTHORIZATION, EXPRESS OR/MP~, TO BIND TI~ STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING
EXCEPT AS EX2PRESSLY SET FORTH I-IEREIN. 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 REQUIEF~ BY LAW, AND SHALL BE SOLELY R.ESPONSIELE FOR THE ACTS
OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and
federal laws respecting discrimination and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution, and enforcement of this contract. Any provision of
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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 confl/ct 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 spec/al 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 prbvision will not invalidate the remainder of this contract to the extent that
the contract is capable of execution.
At all times during the performance oftl~s Contract, the Corttractor shall ~trictly adhere to all applicable federal and
state laws, rules, and regulations that have been or may hereafter be established.
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 knterest whatsoever in the service or property described herein.
Revised: 12/1101
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THE PARTIES HERETO HAVE EXECUTED THIS CoNTRAcT
CONTRACTOR:
STATE OF COLORADO:
Legal Name of Contracting E~tl~y ~ ~ li~bt~ % ~tt i~ ..
Social Security Number or FE1N
Sigaatare of Authorized Olfficer
Pr/at Name & Title of Autllorized Offiee~r
GOVERNOR
olorado Department of ~ranSportation
LEGAL REVIEW:
KEN SALAZAR
ATTORNEY GENERAL
Assistant Attorney General
Natural Resources Section
CORPORATIONS: '/'7
(A corporate seat or attestation is re~e/d.) ' · '
ALL CONTRACTS NI~UST BE APPROVED BY THE STATE CONTROI,I]~,R
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:
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EXHIBIT A.1
RURAL PLANNING WORK SCOPE
The purpose of this exhibit is to detail procedures for the preparation of an upd~tte to the
Regional Transportation Plan. This process will provide a minimum 20 year plan addressing
transportation needs in'the Intermountain Transportation Planning Region (TPR)
TASK 1 - PROJECT ORGANIZATION
Purpose: This task will identify the key participants in the regional transportation planning
process and will estabhsh the relationship between the participants. In this initial stage, a final
approach to the work tasks will also be agreed upon.
1.t 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 consu/tant, the WG and the main
body of the RPC.
1.3' Review and discuss any unclear or unresolved Work tasks, technical approaches'or work
products with the RPC/WG. 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 pubhc 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.
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TASK 3 - REGIONAL VALUES, VISION, GOALS, OBJECTIWES AND STRATAGIJigS
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 RPC. These
goals and objectives will be used to evaluate transportation alternatives being cbnsidered in the
development of the Re.gional Transportation Plan.
3.1 Keeping the CDOT mission and v~s~on m 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 si~aificance 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~ survey of alt 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 pubhc transit services in the region. This information shall include
detailed information on the operating and physical charactetistics 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
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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, inchiding type and condition of rail service frequency (passenger and
freight)? 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, ral'lroads 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
al.rp.orts within the Transportation Planning Region. This information should include at a
nnmmum 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 all of the airports.
4.6 Intermodal faciliiies need to be inventor/ed. These facilities include but are not limited to local
park-n-ride facilities, satellite parking facilities, transit stations, rail/truck transfer centers, and
air/freight terminals.
TASK 5 - SOCIOECONOMIC AND ENWIRONMENTAL REGIONAL PROFILE
Purpose: This task will develop .a population; employment and environmental (both natural and
'. ! ~ ~ ~ human) Profile of the Transportat/on:P~anning~Reg/0n.,that,will.be used. as the basis for projecting
· .future travel demand and potential env/ronmental concerns. CDOT will provide U. S. Census,
State Demographers population data and' environmental data in theTrans
Dataset. portation Planning
5.1 Compile data from federal, state and local sources on c ...... ~-~ ~ ~ · ,-
~m ,mu furore popmauon projections,
household breakdowns, current and future employment projections and other pertinent census
information.
5.2 Identify al/major activity centers in the region and compile character/stic 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 xvetland~, air quality areas, historic areas,
archeological areas, concentrations of low-income populations and concentrations of minority
populations.
TASK 6 - MOBILITY DEMAND ANALYSIS
.Purpose: In this task the RPC/WG 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 Guidebo'ok. 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 sLmilar 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
Feasibility Study" and the "Colorado Transit Needs and Benefits Study" should be consulted.
TASK 7 - ALTERNATIVES ANALYSIS
task w~ll ~dentffy and analyze various mo~al,opt~ons assocmted w~th thmr.
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 ach/eve 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.
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TASK 9 - PRIORITIZATION PROCESS
Purpose: Since the preferred project listing will far exceed ex/sting 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 tedhnical
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
!hat early development and acceptance of criteria be established so that all projects are assessed
m a consistent manner. However, it is important for these criteria to be somewhat general in
nature so they have the abi/ity to prioritize across modes.
9.2 The RPC/WG is to establish a ranking across modes of the proposed projects in relation to how
they best meet the objectives of the Transportation Planning Region (a suggested prioritization
process is included in the "Colorado Regional Transportation Planning Guidebook.)
TASK 10 - FINAaNCIALLY CONSTRAINED TRANSPORTATION PLAN
Purpose: To modify the preferred Regional Transportation Plan to reflect those elements of the plan
· that could be implemented within the anticipated funding avai![able over the plans 20~year time
frame.
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 determ/ne 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 RPCAVG work/ng with the CDOT Region will develop a constrained Regional
Transportation plan based on the process as outlined in the Colorado Regional
Transportation Planning Guidebook.
TASK 11 - DRAFT 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/WG 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 Wliite copies, as well as an electronic ve)sion 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 RPG/WG, the public, CDOT and the Statewide Transportation
Advisory Committee and where appropriate, include those suggested changes to the plan.
12.1 The RPC, within sixty days of receiving comments from CDOT on the draft Regional
Transportation Plan, will incorporate ail comments and submit the final Regional
Transportation Plan to CDOT along with a ~:esolution of adoption no later then September,
I 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:
SUBJECT: [Option to Renew]
[ Amount of goods/Level of service change]
Option Letter N°
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 ava/lable of [ $. :] to satisfy
.services/goods ordered under the contract for the current,fiscal year [ FY 0_ ]. The first sentence
m 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:
[ Executive Director/College President
Colorado Department of
Date:
or Higher Ed Institution
.ALL CONTRACTS MIJST 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 goods and~or services
provided.
State Controller
Arthur L. Barnhart
By:
Date:
19
Exhibit _ C
SAMI~LE BILATERAL CHANGE ORDER LETTER
Date: State Fiscal Year: Bilateral Change Order Letter No.
In accordance with Para~aph 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 Here ]
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:
Services/Supplies
Exhibit
Price/Cost
, Schedule of Equipment for Maintenance or Schedule of Delivery, is amended by adding
., serial numbers and
The maximum amotmt payable by the State for [service] [supply] in
Paragraph. is (increased/decreased) by ($ amount of change) to a new total of ($ ) based on the
unit pricing schedule in Exh/bit . The fn:st sentence in Paragraph is hereby modified accordingly;
The total contract value to include all previous amendments, change orders, etc. is [ $
The parties agree that the changes made herein are "no cost" changes and shall not bethe basis for claims for
adjustment to [price] [cost ceiling], delivery schedule, or other,terms.or conditions of the contract. The parties
waave and release each other from any clamas or demands for adjustment to the contract, including bttt 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
Contractor Name:
APPROVALS:
State of Colorado:
Bill Owens, Governor
20
By:
Name
Title
By: Date:
For the Executive Director/College President
Colorado Department of or Higher Ed Institution
ALL CONTRACTS MUST BE APPROVED BY ~ STATE coNTRoI.i.~i
CRS 24'30-202 requires that the State Controller apln u,~ all state contract. ThiscontractisnotvaliduntiltheStateController, orsuch
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 goods and/or serrices
provided.
State Controller, Arthur L. Barnhart
20
By:
Date:
21
· . AGREEMENT OF ASSIG~NT
The Intermountain Regional Planning Commission (RPC): the assignor herein, is a
regional planning commission formed under 30-28-~05 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 w/thin the lntermountain 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 admirdstrative 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 Intermountaln RPC
hereby assigns, orders and transfers to Pitkin County the right to receive the federal
transportation planning funds directly from CDOT. The Intermountaln RPC retains all other
duties and responsibilities for regional transportation planning activities in the Intermountain
~dd~;;%i.n~,t)~e.Regi°nal Transportation Planning Contract between the Intermountain ~
I. ,rns agreement is effective on the date indicated below and remains in effect
until one of both parties request~ 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)
Pitidn 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 Pitk/n County.
(e)
Pitk/n County agrees to comply with the terms of the Regional Transportation
Planning Contract provisions.
22
(f)
The Intermountain RPC retains al/other duties and responsibilities for regional
transportation planning activities in the Intermountain TPR as defined in the
Regional Transportation Planning Contract.
IN WITNESS Tt-IEREOF, the Intermountaln Regional Transportation Planning
Comm/ssion has executed this Agreement of Assignment through the undersigned officer on the
date written below. -
Intermountain Reg/onal Planning Commission
Chairperson
Date:
23
ACCEPTANCE
Pitkin County, the assi~aee 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 sol~ 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 Intermountaln RPC from any other funds
received by Pitkin County.
And, Pitkin County agrees to comply with the terms of the Regional Transportation
Plann/ng Contract provisions.
Pitkin County
Date:_
CONSENT
By its signature below, CDOT consents to the terms of this Agreement of Assignment.
COLORADO DEPARTMENT OF TRANSPORTATION
By:
Date:
24