HomeMy WebLinkAboutC15-372 Intergovernmental Agreement for Grand Avenue Bridge Replacement ,Y r
(Local$CDOTWRK)
PROJECT: FBR 0821-094(18158) Routing# 15-000-XC-00068
REGION: 3/JC/WMA SRM# 331001294
CONTRACT
THIS CONTRACT made this '}." day of Stir L-A-ew 2015, by and between the State of
Colorado for the use and benefit of the Colorado Bridge Enterprise(CBE),a wholly owned subsidiary
of the Colorado Department of Transportation(CDOT),hereinafter referred to as the State and Eagle
County,PO Box 850,500 Broadway,Eagle,CO 81631-0850,CDOT Vendor#: 2000124,hereinafter
referred to as the"Contractor"or the"Local Agency."The Local Agency and CBE may also be referred
to herein individually as a"Party"or as the"Parties".
RECITALS
1. Authority exists in the law and the Local Agency has or will budget and appropriate funds for the
CDOT SH82 Grand Avenue Bridge project within Garfield County.
2. Required approval,clearance and coordination have been accomplished from and with appropriate
agencies.
3. Section 43-2-102 and 103, C.R.S require the State to maintain state highways(including where
such highways extend through a city or an incorporated town), and 43-2-135 describes certain
specific responsibilities of the State and affected local entities (respectively) with respect to state
highways that are also part of a local street system;
4. The Local Agency has made funds available for project FBR 0821-094(18158),which consists of
the demolition and construction of the CDOT SH 82 Grand Avenue Bridge, located in Garfield
County, Colorado,within Glenwood Springs City Limits.
• Demolition and reconstruction of the SH 82 Grand Avenue Bridge (F-07-A)
• Demolition and reconstruction of the Pedestrian Bridge adjacent to the SH 82 Grand Avenue
Bridge, including ADA compliant connectivity referred to as the"Project" or the "Work".
Such Work will be performed in Garfield County, Colorado, specifically described in
Exhibit A.
6. The Local Agency has funds available and desires to contribute funds for the Work.
7. The Local Agency is prepared to provide funds required for the Work,as evidenced by the letter
dated December 16,2014 signed by the Eagle County Board of County Commissioners.A copy of
this letter is attached hereto and incorporated herein as Exhibit B.
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8. This contract is executed under the authority of§§ 29-1-203,43-1-110;43-1-116,43-2-101(4)(c)
and 43-2-144, C.R.S. and Exhibit B.
9. The Parties hereto desire to agree upon the division of responsibilities with regard to the Project.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Project shall consist of the demolition and construction of the CDOT SH 82 Grand Avenue
Bridge, in Garfield County,Colorado, as more specifically described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. This contract
2. Exhibit A(Scope of Work)
3. Other Exhibits in descending order of their attachment.
Section 3. Term
This contract shall be effective upon approval of the CDOT Chief Engineer or designee.The term of
this contract shall continue through Local Agency's contribution in 2018.
Section 4. Project Funding Provisions
A. The Local Agency is prepared to contribute funds for the Work described in Exhibit A, as
evidenced by the letter attached as Exhibit B.
B. The Local Agency has agreed to contribute up to$300,000.00 for the Work which is to be funded
as follows:
Local Agency Funds
a. 2016 Local Agency Funds $100,000.00
b. 2017 Local Agency Funds $100,000.00
c. 2018 Local Agency Funds $100,000.00
Total Funds: $300,000.00
C. The maximum amount payable by the Local Agency under this contract shall be
$300,000.00,unless such amount is increased by an appropriate written modification to this contract
executed by each Party before any increased cost is incurred.
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D. The Parties hereto agree that this contract is contingent upon all funds designated for the project
herein being made available from local sources, as applicable. Should these sources fail to provide
necessary funds as agreed upon herein,the contract may be terminated by either Party,provided that
any Party terminating its interest and obligations herein shall not be relieved of any obligations
which existed prior to the effective date of such termination or which may occur as a result of such
termination.
E. The Parties hereto agree that Local Agency's sole obligation under this contract is to
contribute the funds identified in Section 4 B hereof. Notwithstanding anything to the contrary
herein Local Agency shall have no obligations under this contract, nor shall any payments be
made to CDOT in respect of any period after December 31 of any year, without an appropriation
therefor by Local Agency in accordance with a budget adopted by the Board of County
Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes,the
Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment
(Colorado Constitution,Article X, Sec. 20).
Section 5. Project Payment Provisions
A. The Local Agency will reimburse the State for incurred costs relative to the Project following the
Local Agency's review and approval of such charges, subject to the terms and conditions of this
contract.
B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as
follows:
1. Upon receipt of each bill from the State,the Local Agency will remit to the State the
amount billed no later than 60 days after receipt of each bill. Should the Local
Agency fail to pay moneys due the State within 60 days of demand or within such
other period as may be agreed between the parties hereto, the Local Agency agrees
that, at the request of the State, the State Treasurer may withhold an equal amount
from future apportionment due the Local Agency from the Highway Users Tax Fund
and to pay such funds directly to the State. Interim funds, until the State is
reimbursed, shall be payable from the State Highway Supplementary Fund(400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 60 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the payment
which was not made in a timely manner,until the billing is paid in full. The interest
shall accrue for the period from the required payment date to the date on which
payment is made.
C. The State will prepare and submit to the Local Agency,no more than monthly, charges for costs
incurred relative to the project. The State's invoices shall include a description of the amounts of
services performed, the dates of performance and the amounts and description of reimbursable
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expenses.The invoices will be prepared in accordance with the State's standard policies,procedures
and standardized billing format.
Section 6. State and Local Agency Commitments
A. Design[if applicable]
1. If the Work includes preliminary design or final design(the"Construction Plans"),or
design work sheets,or special provisions and estimates(collectively referred to as the"Plans"),the
State shall comply with the following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the
Work.
b. prepare final design(Construction Plans)in accord with the requirements of
the latest edition of the American Association of State Highway
Transportation Officials (AASHTO) manual or other standard, such as the
Uniform Building Code, as approved by CDOT.
c. prepare special provisions and estimates in accord with the State's Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction.
d. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the construction
contract except by agreement in writing between the Parties. The Plans shall
be considered final when approved and accepted by the Parties hereto, and
when final they shall be deemed incorporated herein.
B. Construction[if applicable]
1. If the Work includes construction, the State shall perform the construction in
accordance with the approved Scope of Work, Exhibit A.
2. If the State is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of
Colorado, as the State Agency Project Engineer (SAPE), to perform that
administration. The SAPE shall administer the project in accordance with
this contract, the requirements of the construction contract and applicable
State procedures.
b. if bids are to be let for the construction of the project, the State shall, in
conjunction with the local agency responsible for the Work,advertise the call
for bids and upon concurrence by the local agency responsible for the Work
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will award the construction contract(s) to the low responsive, responsible
bidder(s).
(1) in advertising and awarding the bid for the construction of a federal-
aid project,the State shall comply with applicable requirements of 23
USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et
seq. Those requirements include, without limitation, that the
State/contractor shall incorporate Form 1273 in its entirety verbatim
into any subcontract(s) for those services as terms and conditions
therefore, as required by 23 CFR 633.102(e).
(2) the local agency responsible for the Work has the option to concur or
not concur in the proposal of the apparent low bidder for work on
which competitive bids have been received. The local agency
responsible for the Work must declare its concurrence or non-
concurrence within 3 working days after said bids are publicly
opened.
(3) by indicating its concurrence in such award, the local agency,
responsible for the Work acting by or through its duly authorized
representatives, agrees to provide additional funds, subject to their
availability and appropriation for that purpose,if required to complete
the Work under this project if no additional federal-aid funds will be
made available for the project.
c. If all or part of the construction work is to be accomplished by State
personnel (i.e. by force account), rather than by a competitive bidding
process, the State will ensure that all such force account work is
accomplished in accordance with the pertinent State specifications and
requirements with 23 CFR 635, Subpart B, Force Account Construction.
Section 7. ROW Acquisition and Relocation
If the Project includes right of way,prior to this project being advertised for bids,CDOT will certify
in writing that all right of way has been acquired in accordance with the applicable state and federal
regulations, or that no additional right of way is required.
Any acquisition/relocation activities must comply with: all applicable federal and state statutes and
regulations, including but not limited to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as amended(P.L. 91-646)and the Uniform Relocation Assistance
and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended(49
CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy and Procedural Directives.
Allocation of Responsibilities are as follows:
• Federal participation in right of way acquisition(3111 charges),relocation(3109
charges) activities, if any, and right of way incidentals (expenses incidental to
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acquisition/relocation of right of way—3114 charges);
• Federal participation in right of way acquisition(3111 charges),relocation(3109
charges) but no participation in incidental expenses (3114 charges); or
• No federal participation in right of way acquisition(3111 charges)and relocation
activities (3109 expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The State's
responsibilities for each option is specifically set forth in CDOT's Right of Way Manual. The
manual is located at https://www.codot.gov/business/manuals/right-of-way. Local Agency shall
have no responsibilities under this Section 7.
Section 8. Utilities
The State will be responsible for obtaining the proper clearance or approval from any utility
company,which may become involved in this Project.Prior to this Project being advertised for bids,
the State will certify in writing that all such clearances have been obtained.
Section 9. Railroads
In the event the Project involves modification of a railroad company's facilities whereby the Work
is to be accomplished by railroad company forces, the State shall make timely application to the
Public Utilities Commission requesting its order providing for the installation of the proposed
improvements and not proceed with that part of the Work without compliance. The State shall also
establish contact with the railroad company involved for the purpose of complying with applicable
provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities,
including:
1. Executing an agreement setting out what work is to be accomplished and the
location(s)thereof,and that the costs of the improvement shall be eligible for federal
participation.
2. Obtaining the railroad's detailed estimate of the cost of the Work.
3. Establishing future maintenance responsibilities for the proposed installation.
4. Proscribing future use or dispositions of the proposed improvements in the event of
abandonment or elimination of a grade crossing.
5. Establishing future repair and/or replacement responsibilities in the event of
accidental destruction or damage to the installation.
Section 10. Environmental Obligations
The State shall perform all Work in accordance with the requirements of the current federal and state
environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as
applicable.
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Section 11. Maintenance Obligations
CDOT and another local agency in a separate agreement will maintain and operate the improvements
constructed under Project FBR 0821-094(18158)at their own cost and expense during their useful
life, in a manner satisfactory to the State and FHWA. Eagle County will not be responsible for the
maintenance and operation of the improvement constructed under this Project.
Section 12. Record Keeping
The State shall maintain a complete file of all records, documents, communications, and other
written materials, which pertain to the costs incurred under this contract. The State shall maintain
such records for a period of three (3) years after the date of termination of this contract or final
payment hereunder,whichever is later,or for such further period as may be necessary to resolve any
matters which may be pending. The State shall make such materials available for inspection at all
reasonable times and shall permit duly authorized agents and employees of the Local Agency and
FHWA to inspect the project and to inspect, review and audit the project records.
Section 13. Termination Provisions
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project.The State shall effect such termination by giving written notice
of termination to the Local Agency and specifying the effective date thereof,at least twenty(20)days
before the effective date of such termination.
B. Termination for Cause. If,through any cause,the Local Agency shall fail to fulfill,in a timely
and proper manner,its obligations under this contract,or if the Local Agency shall violate any of the
covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to
terminate this contract for cause by giving written notice to the Local Agency of its intent to
terminate and at least ten(10)days opportunity to cure the default or show cause why termination is
otherwise not appropriate.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the contract by the Local Agency,and the
State may withhold payment to the Local Agency for the purposes of mitigating its damages until
such time as the exact amount of damages due to the State from the Local Agency is determined.
If after such termination it is determined,for any reason,that the Local Agency was not in default or
that the Local Agency's action/inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations of the Parties shall be the same as if the
contract had been terminated for convenience, as described herein.
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Section 14. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that it
has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
authority,and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s)has full authorization to execute this contract.
Section 15. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director,Region 3,
222 South 6th Street, Room 308, Grand Junction, CO 81501. Said Region Director will also be
responsible for coordinating the State's activities under this contract.All communications relating to
the day-to-day activities for the work shall be exchanged between representatives of the State's
Transportation Region 3 and the Local Agency. All communication, notices, and correspondence
shall be addressed to the individuals identified below.Either party may from time to time designate
in writing new or substitute representatives.
If to the State: If to the Local Agency:
Roland Wagner, Resident Engineer Eva Wilson
CDOT Region 3 Eagle County Engineer
202 Centennial Street PO Box 850, 500 Broadway
Glenwood Springs, CO 81601 Eagle, CO 81631-0850
Phone: 970-384-3334, Fax: 970-947-5133 Phone: 970-328-3560
roland.wagner @state.co.us eva.wilson @eaglecounty.us
Section 16. Successors
Except as herein otherwise provided,this contract shall inure to the benefit of and be binding upon
the Parties hereto and their respective successors and assigns.
Section 17. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
contract and all rights of action relating to such enforcement, shall be strictly reserved to the State
and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity,other than the State or the Local Agency receiving services or
benefits under this contract shall be deemed an incidental beneficiary only.
Section 18. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this
contract shall be construed or interpreted as a waiver, express or implied,of any of the immunities,
rights,benefits,protection,or other provisions of the Colorado Governmental Immunity Act, §24-
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10-101,et seq.,C.R.S.,as now or hereafter amended.The Parties understand and agree that liability
for claims for injuries to persons or property arising out of negligence of the State of Colorado, its
departments,institutions,agencies,boards,officials and employees is controlled and limited by the
provisions of§ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management
statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 19. Severability
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.
Section 20. Waiver
The waiver of any breach of a term,provision,or requirement of this contract shall not be construed
or deemed as a waiver of any subsequent breach of such term,provision, or requirement,or of any
other term,provision or requirement.
Section 21. Entire Understanding
This contract is intended as the complete integration of all understandings between the Parties.No
prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or
effect whatsoever,unless embodied herein by writing.No subsequent novation,renewal, addition,
deletion, or other amendment hereto shall have any force or effect unless embodied in a writing
executed and approved pursuant to the State Fiscal Rules.
Section 22. Survival of Contract Terms
Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and
conditions of this contract and the exhibits and attachments hereto which may require continued
performance, compliance or effect beyond the termination date of the contract shall survive such
termination date and shall be enforceable by either Party as provided herein in the event of such
failure to perform or comply.
Section 23. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State law,
or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part of this contract on the effective date of such change as if fully set forth
herein.Except as provided above,no modification of this contract shall be effective unless agreed to
in writing by both Parties in an amendment to this contract that is properly executed and approved in
accordance with applicable law.
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Section 24. Disputes
Except as otherwise provided in this contract,any dispute concerning a question of fact arising under
this contract which is not disposed of by agreement will be decided by the Chief Engineer of the
Department of Transportation. The decision of the Chief Engineer will be final and conclusive
unless,within 30 calendar days after the date of receipt of a copy of such written decision,the Local
Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director
of the Department of Transportation.In connection with any appeal proceeding under this clause,the
Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its
appeal.Pending final decision of a dispute hereunder,the Local Agency shall proceed diligently with
the performance of the contract in accordance with the Chief Engineer's decision. The decision of
the Executive Director or his duly authorized representative for the determination of such appeals
will be final and conclusive and serve as final agency action. This dispute clause does not preclude
consideration of questions of law in connection with decisions provided for herein.Nothing in this
contract, however, shall be construed as making final the decision of any administrative official,
representative, or board on a question of law.
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Section 25. Signature Page
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
*Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf
and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY STATE OF COLORADO
Eagle County John W.Hickenloouer,GOVERNOR
Colorado Department of Transportation
Print: K--a.\-‘m,k anavviktr- actin Shailen P.Bhatt,Executive Director
Title: G-v�G�� �By: JoshuC Engineer
/S�/i/. L y no.LAL
/ *Signature 1
Date: � �-. 6, 2A1s- Date: cj/17/Zo/6
2nd The Local Agency Signature if Needed LEGAL REVIEW
Cynthia H. Coffman,Attorney General
Print:
By:
Title: Signature-Assistant Attorney General
Date:
*Signatuze
Date:
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Exhibit A—Scope of Work
SH 82 Grand Avenue Bridge (F-07-A)
CDOT Project No. FB 0821 -094 (18158)
The SH 82 Grand Avenue Bridge project is a Colorado Bridge Enterprise asset
replacement project located in Garfield County, Colorado.
The scope of work for the construction phase of the SH 82 Grand Avenue Bridge
project will include the following salient work elements within the Glenwood Springs,
Colorado
City Limits:
• Demolition and reconstruction of the SH 82 Grand Avenue Bridge (F-07-A)
• Demolition and reconstruction of the Pedestrian Bridge adjacent to the SH 82
• Grand Avenue Bridge, including ADA compliant connectivity
• Reconstruction of the 6th Et Laurel St. intersection and associated
improvements
• Construction of temporary detours
• Relocation of utilities
• Water quality improvements
• Pedestrian and bicyclist connectivity improvements
• Lighting improvements
• Signing and striping improvements
• Surface treatment improvements
• Operational and safety improvements:
• Lengthening and widening of the acceleration lane at the 1-70 Exit 116
interchange eastbound on-ramp and lengthening the westbound off-
ramp
• Widening and lengthening the 1-70 Exit 114 interchange westbound
onramp and eastbound off-ramp
• Improvements to the 1-70 Exit 114 interchange roundabouts
• Installation of new signalization on SH 82 at 8th and 9th Streets
• Pedestrian tunnel under SH 82 in North Glenwood Springs
Exhibit A
Exhibit B—LA Ordinance or Resolution
OFFICE OF THE - JILL H.RYAN
BOARD OF COMMISSIONERS ? a KATHY CHANDLER-HENRY
970-328-8605 SARA J.FISHER
FAX:970-328-8629
eaaleadmin(Oeaalecouniv.us . ..
www.eaalecountv.us
EAGLE COUNTY
December 16,2014
Joe Elsen,P.E.
R3 Central Program Engineer
202 Centennial Street
Glenwood Springs,CO 81601
Re: Grand Ave Bridge Replacement Contribution
Dear Joe:
We're pleased to inform you that Eagle County will contribute$300K($100K annually in 2016,2017 and
2018)to the Grand Avenue Bridge Replacement Project.This regionally-important project will bring numerous
benefits to many communities.
In these challenging economic times and with limited transportation funding,we're proud to be reliable
partners with CDOT,and continue to improve public safety and quality of life for our citizens. As you know,
safety is paramount to us and we have,in recent years,contributed$6.03M to CDOT projects,including:
1. 2009 Edwards Interchange Phase I-$640K(includes other local contributions)
2. 2009 Edwards Interchange Phase I Construction-S1 M in-kind land donation
3. 2009-2011 Eagle To Edwards Shoulder Addition Project-$2.35M
4. 2013 Dotsero Roundabout$410K
5. 2014 Edwards/Avon Shoulder Addition Project: $530K(includes other local contributions)
6. 2015 Edwards Interchange Phase II Design-$500K(includes other local contributions)
7. Edwards Interchange Phase II Construction-$600K(includes other local contributions)
We look forward to many more success stories with CDOT. Thank you for your continued commitment
to the safety and improvement of our state and federal highway system. Please do not hesitate to contact us or
County Engineer,Eva Wilson,at 970-328-3560,for further discussion.
Sincerely,
Eagle County Board of Commissioners ,e6.-425
Jill H.Ryan Sara J.Fisher Kathy Chandler-Henry
Chairman Commissioner Commissioner
cc: Dave Eller,CDOT R3 Transportation Director
Steve Olsen,CDOT R3 East Program Engineer
Martha Miller,CDOT R3 Eagle Resident Engineer
•
Exhibit B
