HomeMy WebLinkAboutC08-208• ~ (Local$CDOTWK) PROJECT CC M016-021 (16848) 09 HA3 00001 REGION 3 (DAW) ID 331000144 CONTRACT THIS CONTRACT made this ~ day of 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 3404; WBS Element 16848.10.50; Org # 9991; GL Account: 231200010 1N (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 Agency anticipates a prof ect for the widening of the existing underpass under I - 70, in Eagle County between approximate MP 163.5 and MP 163.75; the "Eagle County -Winslow Underpass" project, and by the date of execution of this contract, the Local Agencyand/or the State has completed and submitted a preliminary version of the CDOT Scope of Work (Exhibit A) describing the general nature of the Work. The Local Agency understands that, before the Work begins, the CDOT Scope of Work maybe revised as a result of design changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in the Scope of Work, as it maybe revised. 5. The Local Agency has made funds available for Project CC M016-021 (16848) which shall consist of the reimbursement costs to CDOT, for oversite of the construction for the widening of the Eagle County -Winslow underpass 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 100% of the funding for the `Work". 7. CDOT has estimated the cost of the Work and the Local Agency 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 ofthe Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend funds for the work under the prof ect. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. Page 1 of 11 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 for the widening of the existing underpass under I-70, in Eagle County between approximate MP 163.5 and MP 163.75; the "Eagle County -Winslow Underpass'; 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: 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. CDOT has estimated the total cost of the work and the Local Agency is prepared to provide the funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives ofthe 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. CDOT has estimated the total cost of the oversite work to be performed by CDOT, and the Local Agency is prepared to provide funding in the amount of $12,000.00 which is to be funded as follows: Lump Sum Payment 1. Local Agency Funds $ 12,000.00 2. Total Funds: $12,000.00 Page 2 of 11 C. The maximum amount payable by the Local Agency under this contract shall be $12,000.00, 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 shall contribute a lump sump amount and shall not exceed the amount of $12,000.00, which shall be due within 60 days of execution of this agreement. B. 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. 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 [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. Page 3 of 11 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 [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 (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 award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction of afederal- 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/contractor shall incorporate Form 1273 (Exhibit H) in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). Page 4 of 11 (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. 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 acquisitionlrelocation 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 Operation Manual. The manual is located at http://www.dot.state.co.us/ROW Manual/. Page 5 of 11 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 Proj ect 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 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 Agency 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. The Local Agency 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. Page 6 of 11 Section 12. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency 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 Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State 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 prof ect. 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 unfinished 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. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. Page 7 of 11 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 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 Section 16. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Page8of11 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 hnmunity 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 maybe 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 Agency. Page 9 of 11 Section 23. Modification and Amendment This contract is subject to such modifications as maybe required by changes in federal or State law, or their implementing regulations. Any such required modification shall automaticallybe 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 ofthe 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 ofreceipt 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 Authorize icer -2 r ~. ~v n d ~ a~~ r ruts ~ Print Name & Title of Aut orized Officer LOCAL AGENCY: (A Local Agency seal or attestation is required.) STATE OF COLORADO: BILL BITTER, JR. GOVERNOR By For Executive Director Department of Transportation Q~~~~ ~~ Attest (Seal) By ~ ~' (Town/City/County Clerk) ,~ c~ ~~ (Place Local Agency seal here, if available) ,, CpgA 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: DAVID J. MC DERMOTT, CPA By: Date• Page 11 of 11 Exhibit A SCOPE OF WORK SCOPE OF WORK EXHIBIT A The project is located in Edwards, Colorado at Winslow Road under I-70 from approximate MP 163.5 to MP 163.75. The project is for the widening of the existing underpass on I-70 at Winslow Road, including associated landscape and pedestrian improvements. This work will require new structures (walls) within the ROW of I-70. Local Agency Commitments: • Construction shall be performed by the Local Agency. o The Local Agency shall follow/and or provide, with CDOT's concurrence, all required hearing, procedures, clearances, and documentation, such as environmental, right-of -way acquisition, and utilities. o The Local Agency shall, during all phases of the work, permit duly authorized agents and employees of the State and the FHWA to inspect and review the project for conformance to State and Federal requirements, and/or specifications. o The Local Agency shall pay $12,000 for CDOT's design and construction review services. o The Local Agency shall perform adequate QC/QA of the construction of the retaining walls. The Local Agency shall perform quality control monitoring and reporting for the retaining walls and will report to CDOT on a weekly basis. Quality control monitoring will consist of field observations, and survey data. The weekly report content will include: a summary of construction progress and wall deflection data that includes horizontal and vertical deformations plotted verses date of reading. The Local Agency shall acquire the services of a Professional Engineer licensed in Colorado, as approved by CDOT, to do Quality Assurance. This work will require a full time monitoring of the retaining walls by an outside firm not associated with the designer or contractor. They will be required to report to CDOT on daily basis field observations of the work on the retaining walls. The licensed engineer will have at least 10 years of experience with similar designed retaining walls. -1- SCOPE OF WORK EXHIBIT A ^ All quality control and assurance work will follow FHWA guidelines for retaining walls. o The Local Agency will coordinate the survey of monitoring points established at the top of the retaining walls and abutments. The monitoring points will be spaced approximately 75 feet horizontally across the top of the wall and each corner of the abutment. The retaining wall design engineer will analyze the survey results daily versus the design criteria and provide direction if the results of the survey information indicate that the system is not performing properly. Monitoring and reporting to CDOT will be performed daily. The monitoring and reporting program will remain in place from the notice to proceed until the project has been accepted. o Self reporting inclinometers (one per abutment, four total) will be installed behind the abutment to monitor the retaining walls. The monitoring and reporting of the inclinometers to CDOT will be performed weekly. o The Local Agency is responsible to ensure no damage occurs to existing utility, bridge structure (including but not limited to abutments, footings, and girders) and other installations that may be present on I-70 right of way. o CDOT reserves the right to issue utility permits allowing installation of utilities in the I-70 right of way. The Local Agency shall not interfere with these installations which will take precedence over any landscaping activity. If any utility installation destroys a significant portion of the permitted landscaping, neither CDOT nor the utility company shall have any liability to the permittee for such damage. o The Local Agency shall provide as-builds to CDOT and following Department procedures for the document. • Maintenance services to be performed by the Local Agency. o Provide routine maintenance for the proposed structure. ^ Maintain and repair all architectural features (including electrical and lighting fixtures), retaining walls, all landscaping and irrigation equipment (including cutting weeds and grasses state ROW) Maintain all drainage structures under I-70 constructed by this project. -2- SCOPE OF WORK EXHIBIT A ^ Maintain signing constructed by this project (all signing within CDOT ROW shall be approved by CDOT). o Provide major maintenance for the proposed structures at appropriate intervals. o The agency shall periodically inspect the wall structures for any corrosion, cracks or delaminating of paint. In the event that the structure is not maintained in an appropriate manner, as determined by the state, the state reserves the right to perform maintenance actions deemed necessary by the state and bill the agency responsible. Additionally, if at any time the structure is determined to be obsolete or beyond repair, or a threat to the safety of the traveling public, CDOT shall reserve the right to remove the structure and bill the agency for the removal expenses. The Local Agency shall perform the maintenance services in a satisfactory and timely manner. The State reserves the right to determine the adequacy of the maintenance services performed by the Local Agency. The State will notify the Local Agency in writing of any deficiency in the maintenance services. The Local Agency shall commence corrective action within 24 hours of receiving actual or constructive notice of such deficiency: a) from the State; b) or its own observation; or c) by any other means. • The Local Agency shall provide all preconstruction and construction activities, and any and all work, needed for the construction of highway facilities on or related to I-70 at the proposed underpass improvements. • In the event the portion of I-70 adjacent or over Winslow Road is reconstructed or widened, the Local Agency shall take all reasonable actions to provide the funding necessary for any required relocation or reconstruction of the work related to this IGA. CDOT will provide the Local Agency the opportunity to review and comment on CDOT plans for I-70 work. o CDOT will not replace or relocate any landscaping placed within the right of way if CDOT has to have it removed for any reason including, but not limited to: safety, maintenance, and construction. -3- Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION F,xhihit C COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY: FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region: State Controller Policy letter on June 12, 1996 Com lete section 1 and submit to CDOT Controller's office. CDOT Controller letter on Ma 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 (Re ion use) Date: Project code To: CDOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) 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 ~#~ 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 $ I have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover this increase, effettive 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 COLORADO DEPARTMENT OF TRANSPORTA'i'iON L{7CAL. AGENC`il' CQNTRA~T ADN~INISTRATIgN CHECKLIST Project No. M416-421 Project Location I-74 Between i=agte and Vail Pass Project~escription ~-~ Wir~stow Rd. 1-74 Underpass Improvements-Edwards Local Agency COOT Resident Engineer Martha €vtiller Project Code Region 16848 3 ._._a_. Date 5-12-2408 Local Agency Project Manager COOT Project Manager Peter Lombardi This checklist shad be utilized to establish the contract administration respansibitities of the individual parties to this agreement. The checklist becomes an attachment to the Laval Agency agreement. Section numbers correspond to the applicable chapters of the CC?OT Lact~l Agency Manual. The checklist shalt be prepared by placing an "X" under the responsible party, opposite each of the tasks. The "X" denotes the party respons'rbte far initiating and executing the task. Only ane responsible party should be selected. When neither COOT nor the Local Agency is responsible for a task, not applicable (NA} shad be noted. fn addition, a "#"wilt denote that COOT must concur or approve. Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and procedures, will determine who will perform alt other tasks that are the responsibility of COOT. The checklist shall be prepared by the COOT Resident Engineer ar the COOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. if contract administration responsibilities change, the COOT Resident Engineer. in cooperation with the Local Aaencv Protect Manacter, will prepare and distribute a revised checktist NO. ~. ~ DESCRIPTION OF TASK .._ RESPONSIBLE PARTY LA COOT TIP /STEP AND LONG-RANGE PLANS ~ _ __ X 2.1 ~~ Review Project to ensure it is consist wish STOP and amendments thereto FEDERAL PUNDENG OBLIGATION AND AUTNORi~'ATEON 4.1 Authorize funding by phases (Cf70T Form 41$ -Federal-aid Program Oats. Requires FHWA ~j ~~ cQncurrence/involvement PROJECT DEVELOPMENT _ _ __ __ ___... 5.1 Pre~are_Design Data - CDOI' Form 463 _ X X ~ 52 Pre are Local A en /COOT Inter-Governmental A regiment see also Cho ter 3 X ~' 5.3 Conduct Consultant SelectiontExecute Consultant Agreement N!A _d_ , 5.4 -m -. • _ Conduct Desi n Sco in Review Meetin 9 _ N/A .~.. 5.5 ..._..... _ _ ._ __ _ . __. _ . __ _ Conduct Public Involvement ~~ _ NtA -~ _ 5.6 Conduct Field Ins action Review FIR ~ N/A 5.7 Conduct Environmental Processes ma re wire FHWA cancurrencelinvolvement X m X - 5.8 ~A airs Ri ht-of-Wa ma re uire FHWA concurrencelinvolvement ...._ - ------L --- - .., X 5.9 _....~.. _ ..~. Obtain Utili and Railroad A regiments X 5.10 Conduct Fina! Office Review FOR X # 5.11 Justif r~Foree Account Work b the Local A ane N/A 5.1?. ished_ hems Justif Pro rieta Sole Source, ar Local A ane Fum N!A 5.13 _ Document Desi n Exce lions -COOT Form 464 X 5.14 Prepare Plans, Specifications and Construction Cost Estimates X 5.15 ~ Ensure Authorization of Funds far Construction X Ct7t3T Norm 1243 OS/Oti Pagel of 4 Previous ediEions are ot3satete and may not be used FJ(HIBIT D RESPONSIBLE I NO. DESCRtPT1C)N 4F TASK PARTY LA CL?C)T ' PROJECT ©EVELOPMENT CIVIL RIGHTS AND LABC)R COMPLIANCE 6.i Set Underutilized Disadvantaged Business Enterprise (UBDE) Goals for Consultant and _ NtA Construction Contracts (COOT Region EEOICivi! Rights Specialists _ ~~ 6.2 Determine Applicabiliiy of Davis-Bacon Act ,,~ This project ®is ^ is not exempt from Davis-Bacon requirements as determined by the , functional classification of the project location (Projects located on local roads and rural minor collectors may be exempt.) j _ _.~ _ _.~.. ______._._......_ CDOT Resident Engineer (Signature on File) Date _ 6.3 Set On-the-Job Training Goals. Goat is zero if total construction is less than S1 million (GDOT ~,~,.' Re ion EEOICivil Ri hts 5 ecialist 6.4 I Title ~fl Assurances N/A Ensure the correct Federal Wage Decision, all required Disadvantaged Business EnterprisetOn-the-Job Training special provisions and FMNA Form 1273 are included in the ~s~' Contract (COOT Res'sdent En sneers !~ ,- ,~~" ADVERTISE, BID AND AWARD 7.1 Obtain Approvat far Advertisement Period of Less Than Three Weeks N!A 7.2 Advertise far Bids X 7.3 Distribute "Advertisement Set" of Plans and S eciiications X 7.4 Review Worksi#e and Plan Details with Prospective Bidders While Project Is Under X Advertisement _ 7 : 6' Open Bids__ .. X _ .._ .. .__. 7.6 _ ...__-- ----- Process Bids for Com Hance Check COOT Form 715 -Certificate of Proposed Underutilized pBE Participation when the tow bidder meats UDBE oafs Evaluate COOT Form 718 - Underutrlized DBE Good Faith Effort Documentation and ~ ~ " determine if the Contractor has made a good faith effort when the low bidder does not meet ,,~1'" DBE oats ~ Submit re aired documentation for GDOT award concurrence NIA ' 7.7 Concurrence from COOT #o Award /tf 7.8 A rave Re'ection of Loty Bidder 7.9 Award Contract X 7.i0 _ _• Provide "Award" and "Record'" Sets of Plans and S ecifrcatians X _____ _ _ CONS TRUCTlUN MANAGEMENT 8.1 Issue Notice to Proceed to the Contractor X 8.2 Project 5afety__-. _ ----_______._ -_.__. ._..... _-- _ __-_ x_ _-- 8.3 Conduct Conferences: ;: "=. ". ~ Pre-Construction Canference~Appendix,B>.. _.~... _ X___. __ _. . X _-- . .: Pre_survey • Construction staking X ' Monumentation X _'~".":" :. Partnerin O tional X `,.~'~~~~"::,` _ _ 5truchrral Concrete Pre-Pour 'A ends is in COOT Consfrucfion Manuat X -• Concrete Pavement Pre-Pavin A ends is in COOT Construction Manual) X °~_^ ~" " ::;' MMA Pre-Pavia A ends is in COOT Cansfn~cfion Manual ~-~ ~ X 8.4 f~evela and distribute Public Notice of Planned Construction #o media and local residents -------~ X 8.5 Su enrise Construction - ---~~ A Professional Engineer (PE) registered in Colorado. who will be "in responsible charge of " construction supervision." „"` Eva Wilson 974-328-3564 Local Agency Professional Engineer ar Phone number X COOT Resident En sneer CDC+T i'onn 1243 C}91QB Paget ofi 4 t~revious editions are obsolete and may not be used ExMtBlT D .._....... ..._._.,_.._.___... _ RESPOhISIBLE Nfl. DESCRIPTICiN ©F TASK PARTY ~~-~ -- . ....~....._...._........_._,__. ~. _..~. ~ LA CDC7T Provide cornpetent, experienced staff who wilt ensure the Contract work is constructed in _ accordance with the tans ands ecifications X Construction ins~eation and, documentation X 8.Fi A rove Sho Drawin s X 8.7 Perform Traffic Gontrol Ins actions X 8.8 ~~~ Perform Canstructian Surve in _.__.-...... _,_ _._____...__..._._...--_ -.-...... _~ _ _ 8.9 Monument Ri ht-of-Wa X 8.141 .-... _.._._..._._ .v._ . _.._...-..-__....._ ...... __..._.._...._... ...__...... Prepare and Approve Interim and Final Gontractar Pay estimates _.. . ~X __ Provide the name and phone number of the person authorized for this task. TBU „_. . C.ocal Agµen~, Representative Phone number 8.11 Pre are and A rave Interim and Final Utilit and Railroad Biltin s X 8.12_ _ Prepare_I-acat Agency f~eimburs~ment _Rec~uests ~_ ~~..~~-.~~~~ 8.13 Pre are and Authorize Chan e Carders X 8_14 _-- _ _R~aprcrve All Change Carders __._ - - -- - -. ____ _.__.._.___..,.._.__._._......_.._......_...........___..-........._.._..._....___ __...... X 8.15 Monitor Pra~ect Financial Status ~ _. _ 8 16_____ Prepare and Submit Monthly Progress TReparfs _ ,_„_ --..._._..._., .._.....___._.__...._..__..._.._..._..__........__........~_.. X ...._. _.. ......._.. 8.17 Resolve Gantractor Claims and ©is utes X 8.18 Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for this task. X f5dartha Miller 97Q-328-6385 CD4T Resident En ineer Phone number MATERIALS 9.1 Conduct Materials Pre-Ganstnrctian Meetin ~- T --- X 9.2 Complete CDC)T Farm 254} -Materials Documentation Record • Generate form, which includes determining the minimum number of required tests and X ~" applicable material submittals for ail materials placed on the project • Update the form as work progresses X * Gom late and distribute form after work is com~let~d_~___~ _ _ ~ - X ~ ~_ 9.3 Perform Pra~ect Acre tance Sam tes and Tests X __~-_._....-.~ 9.4 Perform Laborata Verifcation Tests X g.5 Accept Manufactured Products X Inspection of structural components: • Fabrication of structural steel and pre-stressed concrete structural components X Bridge modular expansion devices (0" to 6" or greater} X Fabrication of bearingdeuices X 9.6 ___.~-__ _ __. A rave Sources of Materiats X 9.7 Independent Assurance Testing (IAT}, focal Agency Procedures CDCaT Procedures • Generale IAT schedule X • Schedule and provide notification X • Conduct IAT X .__....w. _. _ 9.8 ._ w , -_._.__µ_.-_ .... - . _.._._. _,_.__..._.....___._,. ...............__._._........,_...___._.._..,~...,._._.._....__...._____._. ,._.__.... _..........__._._...__....._ Approve mix designs -,._.._..__.__....__. _.._.._...._~. • Concrete X X Hot mix as halt X X 9.9 ..._.~.~..... Check Final Materials Documentation _.....~..__.._______.._._.._._.._.......-..._._. X 9.141 _...._....____-___._._._._._..__.-.._..._.........-....._-__. v. _.__..-__...___-_-.__. _ _. _--__ Cam late and Distribute Final Materiats Documentation -.._.___-.._.... X ___._._.. _ -- . - CDOT Form 1243 ta9t06 Page3 of 4 Previous editions are obsolete and may not be used ~-~ ~ ~XNl81Y ~ CUN57RUCT1£~N C!V!L RIGHTS AND LAgC3R COMPLIANCE 111.1 Fulftl f'ro'ect Butletin Board and Pre-Construction Packet Requirements lSIA 1 d.2 _ Process CDQT Form 205 -Sublet Permit Application .. - -- --'-_._.....__ ~ Review and sign campteted CDQT f=orm 2Q5 for each subcontractor, and submit to ,~ NIA EEOfCivil Ri hts S ecialist 1 t7.3 Conduct Equal Employment Opportunity and Lataor Compliance Verification Erttpfoyee ~ . NfA Internievvs. Complete CDQT Form 28€? 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the N1A "Cammereiall Useful Function" Re uirements _ 10.v _ Conduct Interviews When Project Utilizes ©n-the-Jnb'Trainees. Gornptete CD©T Form 20p - NIA OJT Training Questionnaire 1 Q G _ Check Certified Payrolls {Contact the Region EEOiCivd Flights SpeciaC~sts far trainfn~c reguirements.j__ NIA 1 J.7 Submit FHWA Form,1391_ _Hic~hway Construction Contractor's Annual EEC3 Re ort CV/A PIi+JAl.S 11 1 Conduct Final Project Inspection. Camp[ete and submit CDQT Farm 1212 -Final Acceptance Report (Resident Engineer with mandatory Locat Agency participation.) K 1'E :2° _ - Write Final Project Acceptance Letter X ..~--W-- . 11.3 Advertise tar Final Settlement X 11p4-_ __ _ Prepare and Distribute Final As-Constructed Plans ---.-. ~-,..._--- X .~ 11.5 P're are EEO Certification NIA 11.t"i ..-...._-... __ ----- •---------------~ Check Final QuanEities, Plans, and Pay Estimate; Check Project Documentation; and submit Finat Certifications -~. - ---..-.~_.._ X mM-______~ 11.7 11.8 Check Material Documentation and Acce t Final Material Gertificatian See Cha ter 9 Obtain GDOT Form 17 tram the Gantractar and Submit tp the Residertt.En~ineer in X NIA 11.9 -- _ -_. _ Obtain Ft-IWA Form 47 -Statement of Materials and Labor Used ... from th e Contractor __-- .-- -- _ _ _m.._.... ._...._ . . - --- NIA _ _.._. _ 11.1p . . - .. Cam fete and Submit CDQT Farm 1212 -,Final Acceptance Report ~bLl CDQT} _...__....__. - - -- . __ _.. K 11.11 Prflcess Final Payment X 11,12 Cam fete and Submit CDQT Form 95(} - Project Closure 11.1_3 _ Retain Project Records far Six Years from Date of Project Closure _ X 11.1 ~ tzetain Finaf Version of t_ocal A enc Contract Administration Checklist X X ce: CDOT Res'sdent EngineerlProject Manager CDQT Region Program Engineer GDOT Region EEO/Civil Rights Specialist CDtdT Region Materials Engineer CDQT Contracts and Market Analysis Branch Local Agency Project Manager CDOT t=arm 1243 09106 Page4 bf 4 Previous editions are obso[efe and may not be used