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HomeMy WebLinkAboutC07-115 CDOT(Local $CDOTWRK) PROJECT C 0241-048, (15947) REGION 3 (rp) CONTRACT Rev 10/03 07 HA3 00033 SAP ID 331000008 THIS CONTRACT made this,ILI I day of 2007, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and EAGLE COUNTY, P.O. Box 850, Eagle, Colorado 81631, CDOT Vendor # 2000124, hereinafter referred to as "Contractor", "Local Agency" or the "County", and the TOWN OF MINTURN, P.O. Box 309, Minturn, Colorado 81645, CDOT Vendor # 2000117, hereinafter referred to as "Contractor", "Local Agency" or the "Town", Eagle County and the Town of Minturn shall collectively be referred to as the "Local Agencies" and the "Local Agencies" and "CDOT" shall collectively be referred to as the "Parties." RECITALS 1. Authority exists in the law and fiends 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 1920, GL Acct. «», WBS Element or Cost Center «», (Contract Encumbrance Amount: $0.00). 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, Appropriation Code 010, Organization Number 9991, Program 2000, Function 1920, Object 2312 1N Phase M, Reporting Category 3140, Contract Encumbrance Number (15947), (Contract Encumbrance Amount: $0.00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4. The Local Agencies anticipate a project for the reassessment of the Meadows Mountain Slide area near the Town of Minturn on SH24 and by the date of execution of this contract, the Local Agencies and/or the State has completed a Scope of Work (Exhibit A) describing the general nature of the Work. The Local Agencies understand that, before the Work begins, the Scope of Work may be revised as a result of design changes made by CDOT, in coordination with the Local Agencies, in its internal review process. Page 1 of 12 5. The Local Agencies have made funds available for project C 0241-048 (15947), which shall consist of contributing funds to Meadows Mountain Slide Reassessment on State Highway 24, referred to as the "Project" or the "Work." Such Work will be performed near Minturn, Colorado, specifically described in Exhibit A. 6. The Local Agencies have funds available and desire to provide funding for the work as more specifically described in Section 4. Project Funding Provisions. 7. The Local Agencies have estimated the total cost of the work and are prepared to provide the funding required for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agencies, which expressly authorizes the Local Agencies to enter into this contract and to expend its funds for the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B (Eagle County) and Exhibit C (Town of Minturn). 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 and Exhibit C. 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 or the Work under this contract shall consist of the Local Agencies and CDOT contributing funds for CDOT to perform a reassessment of the Meadows Mountain Slide on State Highway 24, near Mintum, 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. Exhibit D (Contract Modification Tools) 4. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agencies. Section 4. Project Funding Provisions Page 2 of 12 A. The Local Agencies have estimated the total cost of the work and are prepared to provide the finding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agencies, which expressly authorizes the Local Agencies to enter into this contract and to expend its funds for the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B (Eagle County) and Exhibit C (Town of Minturn). B. The Local Agencies have estimated the total cost of the work to be $30,000.00 which is to be funded as follows: a. Eagle County Funds $10,000.00 b. Town of Minturn Funds $10,000.00 C. CDOT Funds 10 000.00 Total Funds: $30,000.00 C. The maximum amount payable by the Local Agencies under this contract shall be $20,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. 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 any 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 Agencies will reimburse the State for incurred costs relative to the project following a review by the Local Agencies and approval of such charges, subject to the terms and conditions of this contract. B. If the Local Agencies are to be billed for CDOT incurred costs, the billing procedure shall be as follows: Upon receipt of each bill from the State, the Local Agencies will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agencies fail to pay moneys due the State within 60 days of demand or within such Page 3 of 12 • other period as may be agreed between the parties hereto, the Local Agencies agree that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agencies 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 Agencies fail to make timely payment to the State as required by this section (within 60 days after the date of each bill), the respective 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 Agencies, 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. Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checklist in Exhibit D describes the Work to be performed and assigns responsibility of that Work to either the Local Agencies or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit E (not applicable). 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 responsible party 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. Page 4 of 12 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. Constriction [if applicable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Local Agency Contract Administration Checklist. 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, as described in the Local Agency Contract Administration Checklist. 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 Agencies, advertise the call for bids and upon concurrence by the Local Agencies will award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the constriction 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 Agencies have 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 Agencies 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 Agencies, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and Page 5 of 12 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 Prior to this project being advertised for bids, the Responsible Party 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 federal and state statutes, regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act regulation, the FHWA Project Development Guide and CDOT's Right of Way Operations Manual. Allocation of Responsibilities can be 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 (3 111 charges), relocation (3 109 charges) but no participation in incidental expenses (3114 charges); or • No federal participation in right of way acquisition (3 111 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 Operation Manual. The manual is located at http://www.dot.state.co.us/DeveIODProjects/DesignSupport. Section 8. Utilities If necessary, the Responsible Party 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 Page 6 of 12 Work is to be accomplished by railroad company forces, the Responsible Party 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 Responsible Party 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. Section 11. Maintenance Obligations The Local Agencies will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. The Local Agencies 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 which define the Local Agency's obligations to maintain such improvements. 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 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 Agencies and FHWA to inspect the project and to inspect, review and audit the project records. Page 7 of 12 Section 13. Termination Provisions This contract may be terminated as follows: Termination for Cause. If, through any cause, the Local Agencies shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agencies 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 Agencies 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 orunfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agencies under this contract shall, at the option of the State, become its property, and the Local Agencies shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agencies shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agencies 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 Agencies, and the State may withhold payment to the Local Agencies for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agencies is determined. If after such termination it is determined, for any reason, that the Local Agency(ies) 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. Section 14. Legal Authority The Local Agencies warrant 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 Agencies to its terms. The person(s) executing this contract on behalf of the Local Agencies 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 Agencies through the State's Region Director, Region 3, 222 S. 6`h Street, Grand Junction, Colorado 81501. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agencies for commencement of the Work. All communications relating to the Page 8 of 12 day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 3 and the Local Agencies. 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: Rex Goodrich CDOT Region 3 Materials Engineer 222 South 6"' Street, Room 317 Grand Junction, Colorado 81501 If to Eagle County: Gregg Schroeder Project Manager 500 Broadway, P.O. Box 850 Eagle, Colorado 81613 (970) 328-8600 If to the Town of Minturn Ann Capela Town Manager P.O. Box 309 Minturn, Colorado 81645 (970) 827-5645 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 Agencies. 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 Agencies that any such person or entity, other than the State or the Local Agencies 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 Page 9 of 12 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 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 the State as provided herein in the event of such failure to perform or comply by the Local Agencies. 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. Page 10 of 12 Section 24. Funding Letters The State may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit D and bearing the approval of the State Controller or his designee. The funding letter shall not be deemed valid until it shall have been approved by the State Controller or his designee. Section 25. 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 Agencies mail 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 Agencies 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 Agencies 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. Page 11 of 12 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Eagle County Legal Name of Contracting Entity 2000124 CDOT Vendor Number Jt1A.ZL h A-& Signature of Aut orized Officer Print Name & Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) STATE OF COLORADO: BILL RITTER, JR. GOVERNOR For Executive Director Department of Transportation Attest (Seal) By vL ► . (Corporate Secretary or Equivalent, or Towwftowul Town of Minturn Legal Name of Contracting Entity 2000117 CDOT Vendor Number Signature of Authorized Officer Print Name & Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) Clerk) Attest (Seal) By (Corporate Secretary or Equivalent, or Town/City/County Clerk) August 1, 2005 Page 12 of 12 Exhibit A SCOPE OF WORK The scope of work for this project is a reassessment of the stability of the Meadows Mountain Slide area on State Highway 24 near the Town of Minturn. The contract states that the Local Agencies and CDOT are contributing funds for CDOT to perform the reassessment. The deliverable for this project will be a report assimilating past data from CDOT, Colorado Geological Survey and other sources to be discovered during the literature search. The report will include a summary of the slide history, past monitoring data and evaluation of the current status with respect to movement of the slide, overall stability and including recommendations for future work/studies if any are warranted. Sections 6, 7, 8, 9, 10 and 11 of this contract will not be applicable to the Scope of Work. Exhibit B EAGLE COUNTY ORDINANCE or RESOLUTION Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007 - RESOLUTION SUPPORTING THE AGREEMENT BETWEEN EAGLE COUNTY, THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MINTURN FOR THE REASSESSMENT OF THE MEADOW MOUNTAIN SLIDE AREA WHEREAS, Eagle County supports the project to reassess the Meadow Mountain Slide Area near the Town of Minturn on State Highway 24; and WHEREAS, support of this project will serve the welfare of the traveling public; and WHEREAS, the estimated cost for the reassessment project is $30,000; and WHEREAS, the Colorado Department of Transportation has committed $10,000 to fund the reassessment project; and WHEREAS, the Town of Minturn has committed $10,000 to fund the reassessment project; and WHEREAS, Eagle County has committed $10,000 to fund the reassessment project. NOW, THEREFORE, be it resolved that the Board of Eagle County Commissioners hereby authorizes the expenditure of funds as necessary to meet the terms and obligation of the Agreement between Eagle County, Colorado Department of Transportation and the Town of Mintum and authorizes the Chairman to execute all documents necessary to effectuate the same. II REMAINDER OF PAGE INTENTIONALLY LEFT BLANKII MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this 24`h day of April, 2007. COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS am ATTEST: Teak J. Simonton, Clerk to the Board of County Commissioners Am M. Menconi, Chairman Sara J. Fisher, Commissioner Peter F. Runyon, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi Commissioner Sara J. Fisher Commissioner Peter F. Runyon This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Exhibit C TOWN OF MINTURN ORDINANCE or RESOLUTION Exhihit D COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY: FUNDING INCREASE/ DECREASE AND APPROVAL LETTER Region: State Controller Policy letter on June 12, 1996 Complete section 1 and submit to CDOT Controller's office. CDOT Controller letter on May 23, 1996 (1)This form to be used for the following contracts/ situations only (check the appropriate situation): _indefinite quantity, order more/add more —utility/railroad, underestimated total cost _CDOT construction, sum of CMO's _LA construction, underestimated cost CDOT construction, underestimated total cost CDOT consultant, underestimated cost SECTION 1 (Region use Date: Project code To: CDOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # From: Office: Phone # FAX # Region # CDOT has executed a contract with: Address: CDOT Vendor # Contract routing # SAP Purchase Order Number Fund Functional Area GL Account Number WBS Element or Functional Center Original contract amount Has a Budget Request been processed to cover the contract amount increase? $ es no Previous Funding Letter(s) total Preparer's name (Funding letter #1 thru #_ PHONE NO: This Funding Letter total Contract Administrator's/Business Manager's Approval #� PHONE NO: Adjusted contract amount CDOT Designee Approval $ Local Agency approval SECTION 2 Controller's Office use Total allotment amount Commission budget If construction: CE charges Indirect chgs Adjusted contract amount plus total CE & indirect _CE pool elig. $ $ charges calculation $ 1 have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover this increase, effective as of State Controller or Delegee Date Exhibit D — Page 1 of 1