HomeMy WebLinkAboutresolution.council.055-21 RESOLUTION #055
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND COLORADO DEPARTMENT OF TRANSPORTATION. AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF
THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for,
between the City of Aspen and, a true and accurate copy of which is attached
hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for, $980,000.00 between the City of Aspen and COLORADO DEPARTMENT
OF TRANSPORTATION a copy of which is annexed hereto and incorporated
,herein, and does hereby authorize the City Manager to execute said agreement on
behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 221 day of June 2021.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, June 22rd, 2021.
nl
Nicole Henning, City Clerk
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(Local$CDOTWRK) REGION:3(Isc)
PROJECT:NHPP 0821-111 (23134)
CONTRACT
THIS CONTRACT,executed this day of 6/29/2021 by and between the State of Colorado,for
the use and benefit of the Colorado Department of Transportation("State"or"CDOT')and City of Aspen,201 North
Mill Street,Suite 203,Aspen,Colorado,81611,CDOT Vendor#:0002000009("Local Agency"),and the State and the
Local Agency together shall be referred to as the"Parties."
RECITALS
1. Authority exists in the law and funds have been budgeted,appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number
400, Function 3301, GL Aect.4511000010,WBS Element or Cost Center 23134.20.10, (Contract Encumbrance
Amount:$0.00).
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. State funds may be awarded pursuant to Multimodal Transportation Options Funding("MMOF"). MMOF means
money transferred from the general fund to the fund pursuant to C.R.S. §§24-75-219 (5)(a)(111) and(5)(b)(111)
and any other money that the general assembly may appropriate or transfer to the fund.These funds are subject
to an expiration date.
5. The Local Agency has estimated the contribution and is prepared to provide the funding required for their
contribution toward the Project,as evidenced by an appropriate ordinance or resolution duly'passed and adopted by
the authorized representatives of the Local Agency,which expressly authorizes the Local Agency to enter into this
agreement and to expend its funds for the Contribution.
6. The Local Agency has funds available and desires to provide$980,000.00 for the Work.
7. 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.
8. 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 work under this Contract shall consist of the reconstruction of the Maroon Creek Roundabout in concrete in SA
23134 SH82 AABC to Aspen,and the Local Agency shall provide their Contribution toward the Project,in SH 82 AABC
to Aspen,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:
A. This Contract
B. Exhibit A(Scope of Work)
C. Other Exhibits in descending order of their attachment.
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Section 3. Term
This Contract shall be effective upon approval of the MOT Chief Engineer or designee and shall terminate on
February 24,2031,or sooner if any of the State's funding expires,or is sooner terminated or unless performance is
extended in accordance with this Contract.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the Contribution and is prepared to provide its funding,as evidenced
by an the signing of this Contract, which expressly authorizes the Local Agency the authority to expend its
Contribution toward the Project.
B. The contribution is estimated to be$980,000.00.
C. The maximum amount payable by the Local Agency under this contract shall be$980,000.00 unless such
amount is increased by an appropriate written modification to this contract executed by the Parties hereto before
any increased cost is incurred
D The Parties hereto agree that this contract is contingent upon all funds designated for the project herein being
made available from state 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.
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 agreement.
B. If the Local Agency is to be billed for CDOT incurred costs,the billing procedure shall be as follows:
l. 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 expenses. The invoices will be prepared in
accordance with the State's standard policies,procedures and standardized billing format.
D. If the project is funded by MMOF,then the Local Agency must submit all documentation necessary to process
the payments 30 days prior to end of State fiscal year.The State fiscal year ends June 30th.MMOF projects must
submit final billing for all work 30 days prior to the end of the State fiscal year that funds expire.If MMOF are
used,and the State knows that the funds will expire,the State shall promptly notify Local Agency of the expiration
date.The State will promptly notify the Local Agency if that expiration date changes.
Section 6. State and Local Agency Commitments
The Scope of Work(Exhibit A)describes the work to be performed.
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.
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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
1. If the work includes construction,the State shall perform the construction in accordance with the approved
design plans and/or administer the construction all in accord with the Scope of Work (Exhibit A). Such
administration shall include project inspection and testing;approving sources of materials;performing required
plant and shop inspections;documentation of contract payments,testing and inspection activities;preparing and
approving pay estimates; preparing,approving and securing the funding for contract modification orders and
minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality
Control requirements of the FHWA/CDOT Stewardship Agreement.
2. Subject to Section 5,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 agreement, the requirements of the construction contract and applicable State
procedures.
b. 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,the State 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 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 Local Agency's and the
State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual. The manual is
located at http://www.coloradodot.info/business/manuals/right-of-way.
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If right of way is purchased for a state highway, including areas of influence of the state highway,the local agency
shall immediately convey title to such right of way to CDOT after the Local Agency obtains title.
Section 8. Utilities
If necessary,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 responsible party 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. Prescribing 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.
Section 11. Maintenance Obligations
The City of Aspen will maintain and operate the improvements constructed under this agreement at its own cost and
expense during their useful life,in a manner satisfactory to the State and FHWA.The City of Aspen will make proper
provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in
accordance with all applicable statutes, ordinances and regulations. The State and FHWA will make periodic
inspections of the project to verify that such improvements are being adequately maintained.
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 agreement. The State shall maintain such records for a period of three(3)years
after the date of termination of this agreement 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 agreement may be terminated as follows:
A. Termination for Convenience. The State may terminate this agreement at any time the State determines that the
purposes of the distribution of moneys under the agreement 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 agreement, or if the Local Agency shall violate any of the covenants, agreements, or
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stipulations of this agreement,the State shall thereupon have the right to terminate this agreement 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. In the event of termination,all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other
material prepared by the Local Agency under this agreement shall,at the option of the State,become its property,
and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies
delivered and accepted.
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 agreement 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 agreement had been terminated for convenience, as
described herein.
Section 14. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this agreement 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 agreement and to bind the Local Agency to its terms. The person(s)executing
this agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this
agreement.
Section 15. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director,Region 3,202 Centennial
Street, Glenwood Springs, CO 81601. Said Region Director will also be responsible for coordinating the State's
activities under this agreement and will also issue a"Notice to Proceed"to the Local Agency for commencement of
the work. 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:
Andrew Knapp Peter Rice
CDOT Region 3 City of Aspen
202 Centennial Street 201 North Mill Street,Suite 203
Glenwood Springs,Colorado 81601 Aspen,Colorado 81611
970-456-3960 970-319-3710
andrew.knapp@state.co.us Pete.Rice@cityofaspen.com
Section 16. Successors
Except as herein otherwise provided,this agreement 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 agreement and all rights
of action relating to such enforcement,shall be strictly reserved to the State and the Local Agency. Nothing contained
in this agreement 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 agreement shall be deemed an incidental beneficiary only.
Section 18. Governmental Immunity
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Notwithstanding any other provision of this agreement to the contrary,no term or condition of this agreement 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, § 24-10-101,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 agreement may be executed and performance of the obligations of the parties may be
accomplished within the intent of the agreement,the terms of this agreement 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 agreement 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 agreement 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 Agreement Terms
Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions of this
agreement and the exhibits and attachments hereto which may require continued performance,compliance or effect
beyond the termination date of the agreement shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 23. Modification and Amendment
This agreement 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
agreement on the effective date of such change as if fully set forth herein.Except as provided above,no modification
of this agreement shall be effective unless agreed to in writing by both parties in an amendment to this agreement that
is properly executed and approved in accordance with applicable law.
Section 24. Disputes
Except as otherwise provided in this agreement,any dispute concerning a question of fact arising under this agreement,
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 agreement 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 agreement, however, shall be construed as making final the
decision of any administrative official,representative,or board on a question of law.
Section 25. Colorado Special Provisions(Colorado Fiscal Rule 3-3)
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These Special Provisions apply to all contracts except where noted in italics.
A. Statutory Approval§24-30-202(1),C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this
Contract is for a Major Information Technology Project,as defined in§24-37.5-102(2.6),then this Contract shall
not be valid until it has been approved by the State's Chief Information Officer or designee.
B. Fund Availability§24-30-202(5.5),C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that
purpose being appropriated,budgeted,and otherwise made available.
C. Governmental Immunity
Liability for claims for injuries to persons or property arising from the negligence of the State, its departments,
boards,commissions committees,bureaus,offices,employees and officials shall be controlled and limited by the
provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims
Act,28 U.S.C.Pt.VI,Ch. 171 and 28 U.S.C. 1346(b),and the State's risk management statutes,§§24-30-1501,
et seq. C.R.S. 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,protections,or other provisions,contained in these statutes.
D. Independent Contractor
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding,except as expressly set forth herein. Contractor and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through the State and the State shall not
pay for or otherwise provide such coverage for Contractor or any of its agents or employees.Contractor
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, (ii)provide proof thereof when
requested by the State,and(iii)be solely responsible for its acts and those of its employees and agents.
E. Compliance with Law
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established,including,without limitation,laws applicable to discrimination and unfair employment practices.
F. Choice of Law,Jurisdiction,and Venue
Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,execution,
and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts
with said laws,rules,and regulations shall be null and void. All suits or actions related to this Contract shall be
filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. Prohibited Terms
Any term included in this Contract that requires the State to indemnify or hold Contractor harmless;requires the
State to agree to binding arbitration;limits Contractor's liability for damages resulting from death,bodily injury,
or damage to tangible property;or that conflicts with this provision in any way shall be void ab initio. Nothing
in this Contract shall be construed as a waiver of any provision of§24-106-109 C.R.S. Any term included in this
Contract that limits Contractor's liability that is not void under this section shall apply only in excess of any
insurance to be maintained under this Contract,and no insurance policy shall be interpreted as being subject to
any limitations of liability of this Contract.
H. Software Piracy Prohibition
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that,during the term of this Contract and any extensions,Contractor has
and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.If the
State determines that Contractor is in violation of this provision,the State may exercise any remedy available at
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law or in equity or under this Contract,including,without limitation,immediate termination of this Contract and
any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. Employee Financial Interest/Conflict of Interest§§24-18-201 and 24-50-507,C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract.Contractor has no interest and shall not acquire
any interest,direct or indirect,that would conflict in any manner or degree with the performance of Contractor's
services and Contractor shall not employ any person having such known interests.
J. Vendor Offset and Erroneous Payments§§24-30-202(1)and 24-30-202.4,C.R.S.
]Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (i)
unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other
charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund;
and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The
State may also recover,at the State's discretion,payments made to Contractor in error for any reason,including,
but not limited to,overpayments or improper payments,and unexpended or excess funds received by Contractor
by deduction from subsequent payments under this Contract,deduction from any payment due under any other
contracts, grants or agreements between the State and Contractor, or by any other appropriate method for
collecting debts owed to the State.
K. Public Contracts for Services§§8-17.5-101,et seq.,C.R.S.
]Not applicable to agreements relating to the offer,issuance,or sale of securities,investment advisory services
or fund management services,sponsored projects,intergovernmental agreements,or information technology
services or products and services]Contractor certifies,warrants,and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work under this Contract and will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work under this
Contract,through participation in the E-Verify Program or the State verification program established pursuant to
§8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the
Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract.
Contractor(i)shall not use E-Verify Program or the program procedures of the Colorado Department of Labor
and Employment("Department Program") to undertake pre-employment screening of job applicants while this
Contract is being performed,(ii)shall notify the Subcontractor and the contracting State agency or institution of
higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or
contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a
Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice,
and(iv)shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to§8-
17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the
Department program,Contractor shall deliver to the contracting State agency,Institution of Higher Education or
political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work
status of such employee, and shall comply with all of the other requirements of the Department program. If
Contractor fails to comply with any requirement of this provision or§§8-17.5-101,et seq.,C.R.S.,the contracting
State agency,institution of higher education or political subdivision may terminate this Contract for breach and,
if so terminated,Contractor shall be liable for damages.
L. Public Contracts with Natural Persons§§24-76.5-101,el seq.,C.R.S.
Contractor, if a natural person eighteen (18)years of age or older, hereby swears and affirms under penalty of
perjury that Contractor(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law,
(ii) shall comply with the provisions of§§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of
identification required by§24-76.5-103,C.R.S.prior to the Effective Date of this Contract.
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DocuSign Envelope ID:F2FCO2E8-027C-416A-82CA-AB293FA3C604
OLA 4: 331002374
Routing#:21-HA3-XC-00025
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
City of Aspen Jared S.Polis,GOVERNOR
Colorado Department of Transportation
Trish Aragon F�-
�u3q�.dbJ� y:
By:
Step en are son,P.E.,Chief Engineer
Title: City Engineer (For)Shoshana M.Lew,Executive Director
Doousgn.d by:
A Date: 6/29/2021
tgnature
Date: 5/6/2021
2nd The Local Agency Signature 3rd The Local Agency Signature
By:
Sara Ott By: Jim True
Title: City Manager Title: City Attorney
Dmuftned by: Doau3tpned by:
fit,
*Signature Tlghature
Date: 6/23/2021 Date: 6/28/2021
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Exhibit A - Scope of Work
23134 — SH82 AABC to Aspen — Maroon Creek Roundabout Reconstruction
NHPP 0821-111
SCOPE OF WORK
The project, 23134—SH82 AABC to Aspen, is a surface treatment project on SH82 from the
Aspen Airport Business Center to the Castle Creek Bridge.
The overall scope includes an asphalt mill and fill of the travel lanes, bridge rehabilitation
and overlay, roundabout reconstruction, striping and traffic control.
The local agency contribution is for the reconstruction of the Maroon Creek Roundabout
with concrete pavement. No City of Aspen funds will be used outside of Aspen City Limits.
Specific construction activities associated with the concrete roundabout reconstruction
that the city funds will be utilized for are as follows:
• Traffic Control
o Pre-Warning Signage
o VMS Boards
o Cones and Barrels
o Flagging
o Traffic Control Supervision
• Pavement Removals
• Aggregate Base Course
o 4" of Aggregate Base Course Class 6
• Temporary Detour Pavement
• Curb and Gutter
• Concrete Pavement
o 10"Thickness
• Permanent Striping
• Permanent Signing
Local Agency Payments shall follow the process as described in Section 5. Project Payment
Provisions
The total contribution in this contract from the Local Agency includes the following sources; Local
Agency contribution ($980,000.00).
Exhibit A Page 1 of 1