HomeMy WebLinkAboutC08-077(Local$CDOTWK) PROJECT NH 0063-024 (16636) 08 HA3 00045 REGION 3 (DAW) ID 331000110 CONTRACT THIS CONTRACT made this ~ day of _'MpRc~- 2008, 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 500 Broadway Box 850 Eagle, Colorado, 81631, CDOT Vendor #: 2000124, hereinafter referred to as the "Contractor" or the "Local Agency." 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 WBS Element 16636.10.20 Org # 9991, Program 2000 Object 2312 1N Phase C (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. CDOT anticipates a project for the shoulder addition and overlay on US 6 in Eagle County between approximate MP 151.4 and MP 153.7; and by the date of execution of this contract, the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form #463 describing the general nature of the Work. The Local Agency understands that, before the Work begins, form #463 may be revised as a result of design changes made by CDOT, incoordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in form #463, as it may be revised. 5. The Local Agency has made funds available for Project NH 0063-024 (16636) which shall consist of a contribution toward the cost of construction for the US 6 Eagle Overlay Phase I project, referred to as the "Project" or the "Work." Such Work will be performed in Eagle County, Colorado, as specifically described in Exhibit A. 6. The Local Agency has funds available and desires to provide $330,000.00 in funding for a portion of the `Work". 7. The Local Agency has estimated the cost of the Work and is prepared to provide funding required for the Work, 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 Page 1 of 11 Agency to enter into this contract and to expend funds for the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. 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 or the Work under this contract shall consist of, the construction of shoulders and overlay on US 6 between MP 151.4 and MP 153.7, in Eagle County, Colorado referred to as the "Project" or the "Work." Such Work will be performed in Eagle 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. Exhibit C (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 Agency. Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the work and the Local Agency is prepared to provide a portion of the funding for the work, 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 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. B. The Local Agency has estimated the total cost of the work and the Local Agency is prepared to provide a contribution toward the project in the amount of $330,000.00 which is to be funded as follows: 1 • Local Agency Funds $ _330.OOp :pp 2. ~ Total Funds: 330 000.00 Page 2 of 11 C. The maximum amount payable by the Local Agency under this contract shall be $330,000.00, 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 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 chazges, 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 maybe 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 tv 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, chazges 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. Page 3 of 11 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 Agency 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 D. A. Design [Design Not 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. prepaze 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 Standazd 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 d 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 awazd 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 (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. Page 4 of 11 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 (SAFE), to perform that administration. The SAFE 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, advertise the call for bids and upon concurrence by the Local Agency will awazd the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction of a federal- aidproject, 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%ontractor shall incorporate Form 1273 (Exhibit I-~ 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 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 must declare its concurrence ornon-concurrence within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, 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 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. Page 5 of 11 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 acquisitionJrelocation of right of way - 3114 chazges); • Federal participation in right of way acquisition (3111 chazges), relocation (3109 chazges) but no participation in incidental expenses (3114 charges); or • No federal participation in right of way acquisition (3111 chazges) 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 httn:J/www.dot.state co us/ROW ManuaU. 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 cleazances 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 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. Page 6 of 11 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 CDOT 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 FHWA. CDOT 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 stste's obligations to maintain such improvements. 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 maybe 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 maybe 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. In the event of termination, all finished or unfmished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract 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. The Local Agency shall be obligated to return~anypayments advanced under the provisions of this contract. Page 7 of 11 Notwithstandingthe 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. 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 S. 6~' Street Grand Junction, CO 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 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: Martha Miller, PE CDOT Region 3 Resident Engineer 714 Grand Avenue Eagle, CO 81631 (970) 328-6385 Section 16. Successors If to the Local Agency: Eva Wilson, PE Eagle County Engineer Eagle County Building 500 Broadway, PO Box 850 Eagle, CO 81631 (970) 328-3560 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. Page 8 of 11 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 liy any other third person. It is the express intention of the State and the Local Agency that any such person or entry, 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, § 24-10-101, 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. Page 9 of 11 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 Agency. 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. Section 24. Funding Letters The State may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit C 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 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. Page 10 of 11 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT LOCAL AGENCY: EAGLE COUNTY Legal Name of Contracting Entity CDOT Vendor Number 2000124 ~~~ ~~~ Signature of Authors ed Officer ~e.ke ~ o Cha;Rm~n Print Name & Title f Authorized Officer LOCAL AGENCY: (A Local Agency seal or attestation is required.) Attest (Seal) ("1'own/CitylCdunty Clerk) STATE OF COLORADO: BILL RITTER, JR. GOVERNOR By For Executive Director Department of Transportation (Place Local Agency seal here, if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: LESLIE M. SHENEFELT By Date o~i-~, -~ Page 11 of 11 Exhibit A FORM 463 or SCOPE OF WORK EXHIBIT A COLORA0O DEPARTMENT Of TRANSPORTATWN DESIGN DATA Ortg.Date:11l08I2007 Rev.Oate; Revision #: 0 '~ Pra}ect Coda # (SA#k 18t3~ STIPq: SR35217 Protect #: NH 0083-024 PEP Cad®: Protect Description: US $ Eagle o+rertay Phase I ` Cowity. 037 Page 1 to 3 Region #: 03 Status: ® Preliminary ^ Final ^ Revised Suttmttt+sd BY PM: MOYERC Approved by Program Engineer. Date: Revised t»+: Date: Geographic Locatbn; US 8 F~4QLE _Type of Terra: Mountainous Descript~n of Propased Coaistnut~NtmRravemen<{Attad~ map showing site locstlar) RESURFACiNt3 __-- ro ect Characteristics (Propped) [~'1 LandscalNng r~~remrmts (desertptiong ® Environmental Tye: None Commence: Adetilan{T7Fek ^ Depressed ^ Paln6ad ^ Raised Q~ None ^ Ttafttc Corttral Stgna~r ^ gyd~ng ® Lett Turn Sloss O Cantlnuous ti11xdtin © Otl~sr {desrx~ian): Yes-No Est. # Utilttlea {ihst r~me9 of knotm utility compar~as) ~ Unknown No No No No # ~ Crossings: Approved On: ' Ur>d~ Pro)ea Code: prp $; © Withdrahm lands {Power Sites, Reservoirs. Ets.) Cleared through BLM or Parser Servka ONtoe irrigatbn t.~ Names ^ New Traffic ordinance Required ^ Madtiy Schedule d Exisf6sg Ordinance ZiAur~ipattiyr. E891e other: ® ConstrucUan Method Advertised BY NoAd Reason; Entity! Aaerrcy Con~ct Name: Ph~e #: State Safety Canslderatlone Prajerd Under. Guabra7 mails aumnt starniards: No ^ Variance in Aenimum Design Stander:ta RequUed ^ Safety prrtjr~ net all smndards Comments: unknown ^ Justlfkatlon Attached ^ Request to be Submitted addressed 3R pro)eCts A F~(HIBIT A Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit C 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) To: CDOT Controller (FAX #(303) 757-9573 or a-mail CONTROLLER) Project code Project # From: Office: Phone # FAX # Re ion # 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 I#~ PHONE NO: Adjusted contract amount CDOT Designee Approval Local Agency approval SECTION 2 (Controller's Total allotment amount If construction: CE charges _CE pool elig. $ Commission budget S Indirect Chgs I Adjusted contract amount plus total CE & indirect $ charges calculation S I 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 C -Page 1 of 1 Exhibit D LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST CDOT Form 1243 Exhibit D EXHIBIT D wwtia-u~ uEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST NH 0063-02~ No. Project Code Region 5R35217 ~ 16638 1.4 Construction of shoulders and overlay an US 8. 1211 Agency Martha Miller Clin# Moy®r This checkUst shall be ut~ized to establish the contract administration rasponsibilit3es of the individual porkies to this agreement. The cheddist becomes an attachment to the Local Agency agreement SecBon numbers cxsn-espoitd to the appilcave chapters of the C©OT Laces! Agency Manual. Th®checklist shalt be prepared by pla+~irig an "X" under the responsive party, opposRo each of the tasks. The dX, denotes the party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor tl~e Local Agency !s responsible for a task. not applicable (NA) shall be Hated. In addition, a '~' will denote that CDOT must concur oar approve. Tasks that will be perfoamed by Headquarters staff wits be indicated. The Regions, in accordance wtth established prides and procedures, wilt determine who will perform all other tasks that are the responsivlity of CDtjT. The checklist shall be prepared by the CDOT Resident Engineer or the Ct~T Pr ~ Mona er, Agency Protect Manager, and submitted to khe R ion P ~ 9 ~ cooperation with the ~ocat eg r~ram Engineer, if contn~ct administra~on responsibilities c~iange, the CDOT Resident_Engineer, in coooeratidn with thA i rsra~ a.,nn..,s Dr.,:.,......._____ _.~„ ___._ Previous sdidons ors obsolete and may not tae used t>OT Form 1243 09!08 Pagel of d N©. ~ DESCRIPTION OF TASK ~3~~~8 1T RESPONSIBLE PARTY LA COOT PROJECT DEVELOPMENT CIVIL RIGHTS AND_LABOR COMPLIANCE 8.1 Set Underutilized Disadvan~ged Business Enterprise {UBDE) Goals for Consultant and , Construction Contracts CQOT R ion EEOtCiv~ hts S ist 8.2 Determine Applicability of Davis-bacon Act This project [J is ^ (s not exempt from Davis-Bacon requirements as determined by th® + functional classification of the project location {Projects coca#ed on local roads and Waal q minor collectors may be exempt.) ~~ COOT Resident En sneer S afore on File Date ~ 6.3 Set On-the-Job Training Goals. Goal is zero if total construction is less than S9 million (COOT e ~ X R on EEO/Civil Ri S aUst 6.4 Title VI Assun~ncaas Ensure fire correct Feder Wage Decision, ail r~uired Disadvantaged Business ErrterpdseJOn-tlie-Jab Training special provishrns and FMNA Form 1273 are included in the Contract COOT Resident Weer X ADVERTISE, BID AND AINARiD Review Worksite and Plan Details with Prospective Bidders While Project is Under Advertisement X 7.5 O n Bids 7.6 Process Bids for Com pence X Check GDOT Farm 715 - Certificate of proposed Underutilized DBE Participation when the low bidder meets UOBE s Evaluate COOT Farm 718 -Underutilized DBE C3oad Faith Effort Oacument fi l X a on ora determine if the Contractor has made a good faith effort when the low bidde d r oes not meet DBE Dais X " ' Submit r iced docum t ti f en a on or COOT award concurrence 7.7 Concurr9snce from CDOI' t A d ~~ 7.8 o war Aonrrnre RAiAr.Nnn of I n... man. X X Pre-survey • Constnrc6on stakir~ • Nbnumentatlon Partners I Structural Concrete Pre• Concrete Pavement Pre uses o..._o,,.a......___J A ProPessionai Engtneer construr,6on supervision. Martha M~71er Local Agency Profession f :r1f]T RneUn„s a....t..~~ NIA NlA is in area ~n c~oiorado, wtro will be "In responsible charge of _ (97Q} 328-6385 ~' Phone number X previous editions are obsoi~e and may not ~ ~~CDO7 Form 1243 09!06 Paget of 4 EXHIBIT p NO. DESCRIPTION OF TASK RESPONSIBLE PARTY Provide competent, experienced staff who viii ensure the Contract work is constructed in LA CDOT accordance with the ens antis 'flcations ~ X CAnstrtlrttnn incnongn.. ~..,.~.~......~__._u__ • 18 Provide the name and phone number of the perm authorized far this task. Provide the name and phone number of the peraan responsible for this task. ~ ~ X .~da~dha Hitler rnn-r ~_v,__. r._ ••~~ MATERIALS 8. - - ---- -.........~...~ .. o-...,.wu uwum m~un _ ~ ~ Complete caoT dorm 250 - Mate,tats Oocumeniatton Recoro • Generate form. o~ich tnciudes determining the mPnlmum number of required tests and X applirabb material sutunittats for a>i materials plac~tl on ~e project • Update the form as w~orlt pn~resses • Com lets and distribute form after work is X PAtfArm Dmina.4 d....e..a....~~ c._--'-- _-- . ~ _ X Inspecflon of structural components: • Fabrk~ation of strte#urai steel and pre-stressed concrete structural components • Bridge modular expansion devices (~° to 6" or greater) Pt/A • Fabication of treanina devices N/A ADDroVe SAUrrca of I-Ar~- .a i __ t1t/A • tenerate IaT schedule - . - - - ~- - a--._, ...~..•~~• `a `-„""• ~ rrviceaures Vy • Schedule and provide notiflcation X • Conduct tAT X approve mix designs X • Concrete • Hot mix asphalt N!A ~ii'1@Ck Finest MsfMrlale r~,,., .,. ..s,.u __ X Previous edidorls are ot~olete and COOT Form 1243 09/08 Page3 of 4 may not be used EXHIBIT D Prevlo~ editions aro obsolete and may not be used ITT Form ~~ C9106 Page4 of 4 cc: cool Resident Engine~er/Project Manager CDOT Region Program Engineer COOT Region EEOICivil Rights Sp~taHst COOT Region Materials Engineer COOT Contracts and Market Analysis Branch Local Agency Project Manager Commissioner , moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2008-~~ RESOLUTION SUPPORTING THE AGREEMENT BETWEEN EAGLE COUNTY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR PHASE ONE OF THE US HIGHWAY 6 SHOULDER ADDITION PROJECT WHEREAS, Eagle County desires to participate in a shoulder addition project (the "Project") for the section of US Highway 6~ in unincorporated Eagle County that is located between Eagle and the Wolcott; and WHEREAS, Eagle County has budgeted and appropriated $330,000.00 for Phase One of the Project, which funds will be used for the construction of two-foot shoulders between Mile Post 151.4 and Mile Post 153.7 of US Highway 6; and WHEREAS, pursuant to C.R.S. § 43-2-104.5, the State of Colorado may contract with local governments to provide maintenance and construction of highways that are part of the state highway system; and WHEREAS, Colorado Department of Transportation ("CDOT") desires to participate in the shoulder addition project and has agreed to provide a two inch asphalt overlay and to re- stripe the roadway after the highway shoulder has been widened by Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMSSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO; THAT, the Board of Eagle County Commissioners hereby authorizes the Chairman of the Board to sign the grant agreement with CDOT. THAT, the Board of.Eagle County Commissioners hereby authorizes the expenditure of funds as necessary to meet the terms and obligations of the agreement between CDOT and Eagle County for Phase One of the Project. THAT, this resolution is to be in full force and effect from and after its passage and approval. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK// EXHIBR i~ MOVED, READ AND ADOPTED by the Board of County Commis Toners of the County of Eagle, State of Colorado, at its regular meeting held this ~ day of ~G2r.~r~, 2008. COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners ATTEST: '~ ~ ~' `~A ~, s r ~ L ~ , ~o° eter F. unyon, Commissioner Clerk of the Bo d of County ~ ^~-~~ Commissioners Sara J C 'ssioner Arn M.1~'Ienconi, Chairman Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Commissioner Sara J. Fisher Commissioner Arn M. Menconi This Resolution passed by ~~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado.