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Home My WebLink AboutC09-148 US 6 Eagle Overlay Phase II! ` •Y (Local$CDOTWK) PROJECT NH 0063 -028 (17099) REGION 3 (DAV) CONTRACT THIS CONTRACT made this3w" day of �31hc 09 HA3 00052 ID 331000220 At 2009, 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 17099.20.10; GL Account: 231200010 IN (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 and the Local Agency anticipates a project for the construction of a surface treatment project on US 6, in Eagle County between approximate MP 153.5 and MP 163.1; the "US 6 Eagle Overlay Phase H" project, and by the date of execution of this contract, the Local Agency and/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 may be 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 may be revised. 5. The Local Agency has made funds available for Project NH 0063 -028 (17099) which shall consist of a contribution of funds for the surface treatment project — US 6 Eagle Overlay Phase II 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 funding for a portion of 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 of the Local Agency, which expressly authorizes the Local 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. EAGLE «U"T' CO 200906826 9�K J�3IM�N'ON a, 65 3a'^ 04/15/2009 Page 1 of 12 lilll l llllllll 111111 II 1111111 III !II 8. This contract is executed under the authority of §§ 29-1-203,43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2444, C.R.S. and Exhibit B. 9. The porrties hereto desire to agree upon the division of responsibilities with regard to the project. THE PA)2TIES NOW AGREE THAT: . Section 1. Scope of Work The Project or the Work under this contract shall consist of the construction of two foot shoulders, and a two inch asphalt overlay on US 6 between approximate MP 153.5 and MP 163.1 ; the "US 6 Eagle Overlay Phase II" project 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 Irk 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: I . This contract 2., Exhibit A (Scope of Work) 3 ', Exhibit C (Option Letters) 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. S0 ction 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 of the Local Agency, which expressly authorizes the Local Agency tq 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 work, and the Local Agency is prepared to provide a contribution to the Project in the amount of $1,000,000.00 which is to be funded as follows: 1. Local Agency Funds $ 1,000,000.00 2. Total Funds: $ 11,0004,000.00 C. The maximum amount payable by the Local Agency under this contract shall be $1,000,000.00, 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. Page 2 of 12 a D. The parties hereto agree that this contract is contingent upon all funds desi mate P g d for the project ect herein being made available from state or local agency sources, as applicable. Should sources pp ould these soul ces fail to provide necessary funds as agreed upon herein, the contract may be y terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved elieved of any obligations which existed prior to the effective date of such termination or which ma y cut as a oc • result of such termination. Sect*0n 5. Project Payment Provisions A. The Local Agency shall contribute a lump sump amount and shall not exceed the amount of $1,000,000.00, which shall be due within 60 days of execution of this agreement. gr ent. . If the Local Agency fails to snake timely payment to the State as required by this section (within 60 da y s 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 anner, ' billing s aid i Y , until the g p n full. The interest shall accrue for the period from the required payment dat e to the date on which payment is made. � n y Section 6. State and Local Agency Commitments { EXHIBIT D NOT APPLICABLE TO THIS AGREEMENT } The state is the "Responsible Party" referred to in this contract. A. Design ( 1. If the Work includes preliminary design or'final design (the "Construction Plans" n work sheets "Plans"), ), or design , or special provisions and estimates (collectively referred to as the the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required b the nature of th Work. Y e b. prepare final design (Construction Plans ) in accord with the requirements of the latest edition of the American Association of State Highway Y 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 g g , and Standard Specifications for Road and Bridge Construction. d. include details of any required detours in the Plans in order to re p vent any interference of the construction work and to protect the traveling public. gp e. stamp the Plans produced by a Colorado Registered Professional Engineer. ineer. f• p rovide final assembl y of flans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following he award of construction g ctlon Page 3 of 12 .a contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted b the parties hereto - Y l' ,and when final they shall be deemed incorporated herein. B. Construction (Applicable] 1 • If the work includes construction, the responsible art shall perform in party p form 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 source s of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving estimates; gp Y , 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 dship 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 SAPS shall administer the project in accordance with this contract, the requirements of the construction contract and applicable pp e State procedures. b. if bids are to be let for the construction of the project, the State shall, . p 1 � all, in conjunction with the Local Agency, advertise the call for bids and on concurrence b u the Local A p y Agency will award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction 0 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 (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 or non - concurrence within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, actin g by or through its duly authorized representatives, a to provide agrees p additional funds, subject to their availability and for ap riation ro p p that purpose, if required to complete the, project .� Work under this ifno additional federal -aid funds will be made available for the ect. J ro' p Page 4 of 12 C. If all or pant of the construction work is to be accomplished P by State personnel (i.e. by force account), rather than by a competitive bidding g 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, Farce Account Construction. Section 7, ROW Acquisition and Relocation If applicable, prior to this project being advertised for bids the Responsible ' in writing � p sable party will certify 8 that all right of way has been acquired in accordance with the applicable - pp a State and federal regulations, or that no additional right of way is required. Any acquisition /relocation activities must comply ith all federal Y and state statutes, regulations, CDOT policies and procedures, 49 CFR Part 24 the oven . government wide Uniform Act regulation, the FHWA Project Development Guide and CDOT's Right of Way Manual. Allocation of Responsibilities can be as follows: • Federal participation in right of way acquisition (3111 charges), g ), reloca tion (3109 charges) activities, if any, and right of way incidentals (expenses ' ... incidental to acquisition/relocation of right of way — 3114 charges); Federal participation in right of way acquisition 3111 char g es }, relocation (3109 charges) but no participation in incidental expenses 3114 charges); or No federal participation in right of way acquisition (3111 char es charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. gh The Local Agency's and the State's responsibilities for each option is specifically set f a rch in CDOT s Ri ht of Way Operation Manual. The manual is located at htt : / /www.dot.state.co.u.s /ROW Manual /. Section 8. Utilities If necessary, the Responsible Party will be responsible for obtaining ng the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Protect berg advertised for bids, the Responsible Party will certify in writin g that all such clearances have be en obtained. Section 9, Railroads In the event the Project involves modification of a railroad com an 's facilities p y whereby the Work is to be accomplished by railroad company forces the Responsible . a 1' ... , P Y � 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. T Responsible Part shall also p he Party establish contact with the railroad company involved for the purpose o f complying with a pp licable provisions of 23 CFR 646, subpart B, concerning federal -aid p ro'J ects g involving railroad facilities, including: Page 5 of 12 I. Executing an agreement setting out what work is to be accomplished P le(i Gild the location(s) thereof, and that the costs of the improvement shall be eligible f federal �, of icdc,ral participation. 2. obtaining the railroad's detailed estimate of the cost of the Work 3. Establishing future maintenance responsibilities for the proposed ' 4 p p installation. Proscribing future use or dispositions of the proposed improvements in the p event of abandonment or elimination of a grade crossing. S. Establishing future repair and /or replacement responsibilities in the e 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 q the current federal andstate environmental regulations including the National Environmental Policy Act of 1969 ' (NEPA) as applicable. Section 11. Maintenance obligations The State will maintain and operate the improvements constructed and ' under this contract at its own c�st and expense during heir useful life in a g rnainier satisfactory to the FH WA. The State will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes ordinances • ft � � nances and regulations which define the stste s obligations to maintain such improvements. The State and /or FHWA will make periodic inspections of the project to verify that such improvements ' n- mintained. p are being adequately Section 12. Record Keeping The Local Agency shall maintain a complete file of all records documents ' • ,communications, and otll er written materials, which pertain to the costs incurred under this contract. The .Local Agency shall maintain such records for a period of three (3) ears after the date of ' Y termination of this contract or final payment hereunder, whichever is later, or for such further period od as may be necessary to resolve any matters which may be pending. The Local Agency shall make g Y e such materials available for inspection at all reasonable times and shall ermit duly my authonzed agents and employees of the State and FHWA to inspect the project and to inspect, review . records, p and audit the project �ection 13. Termination Provisions This contract may be terminated as follows: A. leLinination for Convenience. The State may terminate this contract t a any time the State determines that the purposes of the distribution of moneys under the contract ontract would no longer be served by completion of the project. The State shall effect such termination b . y giving written notice oftermi�ation to the Local Agency and specifying the effective date thereof . g , at least twenty (20) days before the effective date of such termination. Page 6 of 12 B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill in a timely . y Y and proper manner, its obligations under- this contract, or if the Local Agency shall violate an of � � Y y the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for c �. .� g cause by hiving written notice, to the Local Agency of its Intent to tenninate 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 ro ert and the Local n p Y� Agency shall be entitled to receive just and equitable compensation for an services and supplies �' p1? delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any y damages sustained by the State by virtue of any breach of the contract b the Local Agency, and th y g Y� e State may withhold payment to the Local Agency for the purposes of mitigating its damages until � g g 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 ifthe 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 an d that it has taken all actions required by its procedures, by-laws, and /or applicable law to exercise that at authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind Lora the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency g Y 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. W11 Street Grand Junction, CO 81501. Said w' Region Director � ill also be responsible for coordinating the State's activities under this contract. All communications relating to the day -to -day activities for the work shall be exchanged between vveen representatives of the State's Transportation Region 3 and the Local Agency. All communication , notices, a�ld correspondence shall be addressed to the individuals identified below. Either art ma p Y Y from time to time designate in writing new or substitute representatives. Page 7of12 If to the State: Martha Miller, PE CDQT 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 854 Eagle, CO 81631 (970) 328 -3560 Except as herein otherwise provided, this contract shall inure to the benefit o ' f 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 and the Local A reserved to the State Agency. Nothing contained in this contract shall give or allow ' g any clam or right of actions whatsoever by any other third erson. It is the express intention p p ntentxon of the State and the Local Agency that any such person or entity, other than the State or h t e Local Agency receiving services or benei'iis under this contract shall be deemed d an incidental beneficiary only. Section 18. Governmental Immunity Notwithstanding any other provision of this contract to the contra condition • ry, no teri�n or of this c ' ntract shah be construed or interpreted as a waiver, express or i immunities, � P implied of any of the u axes, rights, benefits, protection, or other provisions of the Colorado Governmental ntal Yrnm.unity Act, § 24 -10 -141, et seq., C.R.S., as now or hereafter amended. The parties u - that liability P understand and agree for claims. for injuries to persons or property arising ' . 1a p p y out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees p oyees 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 y p Hance 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 tenrn or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity f an other . . y y term- or provision hereof. Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this co • q contract shall not be construled or deemed as a waiver of any subsequent breach of such term provisi on , p n, or � • equireinent, or of all' y other term, provision or requirement. Page 8 of 12 Section 21. Entire Understanding This contract is intended as the complete integration of all understandings dings 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 novati on, renewal, addition, deletion, or other amendment hereto shall have an force ore ' .. y effect unless embodied �n 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 .. p 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 i n the event of such failure to perform or comply by the Local Agency. Y Section 23. Modification and Amendment This contract is subject to such modifications as may be required b Y eq Y changes in federal or State law, or their implementing regulations. Any such required modification ' into � on shall automatically be incorporated into and be part of this contract on the effective date of such change as if f herein. Except g ally set forth p as provided above, no modification of this contract shall be effective unless agreed gi d to in writing by both parties in an amendment to this contract that is properly ex • . p p y ecuted and approved in accordance with applicable law. Section 24. option Letters Option Letters may be used to extend Agreement term, change the level of ' g service within till I1 the current term due to unexpected overmatch, add a phase without increasing contract dollars, or increase or decrease the amount of funding. These options are limite d to the specific scenarios listed below. The Option Letter shall not be deemed valid until signed b g y the State Controller or an authorized delegate. Following are the applications for the individual options under the Option • p p on Letter form. Option 1 - O tion to extend or renew (this o tI0i1 � • p applies to Highway and Signal maintenance contracts only ) , 1 In the event the State desires to continue the Services and a replacement contract has not been fully approved by the termination date of this contract the State, upon written notice to Contractor, may unilaterally extend this contract fora eriod of u p p to one (1) year. The contract shall be extended under the same terms and conditions as the original contract, including, but not limited to prices, rates and service delivery requirements. ry q rnents. Page 9of 12 This extension shall terminate at the end of the one (1) year period or when the replacement contract is signed by the Colorado State Controller or an authorized delegate. The State may exercise this option by providing a full executed option t . g Y p a the contractor, within thirty (30) days prior to the end of the current contract term, revising he Section 4. Project g J Funding Provisions. If the State exercises this option, the extended contract wall be considered ed tQ include this option provision. The total duration of this contract, including he exercise of any y options under this clause, shall not exceed five (S) years. Option 2 —Level of service chap a within current term due to unexpected overmatch in an over, d situation on In the event the State has contracted all project funding and the Local Agency's construction bid is higher than expected, this option allows for additional Local Over 'Match dollars to be provided by the Local Agency to be added to the contract. This option is only applicable for Local Overmatch on an overbid situation and shall not be intended for any other Local Overmatch funding. The State may unilaterally increase the total dollars of this contract as stipulated b the executed p Y Option Letter (Exhibit C), which will bring the maximum amount payable under this contract to the'amount indicated in Section 4. Project Funding Provisions attached to the executed Option Letter (future changes to Exhibit C shall reference additional o changes ' g t Section 4). Performance of the services shalt continue under the same terms as established d lit the contract. The State will use the Financial Statement submitted by the Local .� enc for "Concut-rence to �ldver ise " as evidence of the local A enc 's intent to award and it will also provide the additi ' nal amount re uired to exercise this option. If the State exercises this option, the p contract will be considered to include this option provision. Option 3 -- Option to add overlapping hase without increasin& contract dollars. The State may require the contractor to begin a phase that may include Design, Construction, Environmental Utilities, ROW Incidentals or Miscellaneous (this does not apply q to Ac uisitiordRelocation or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original . contrast with the contract dollars remaining the same. The State may exercise this option b p Y providing a fully executed option to the contractor within thin (30) befor ' Y days Y e the initial targeted start date of the phase, in a form substantially equivalent to ExhibitC. If the State exercises this options the contract will be considered to include this option provision. Option 4 - To u date fundin increases and /or decreases with a new Section 4. Project Funding Provision. This option can be used to increase and /or decrease the overall contract dollars (state, ..federal, local match, local agency overmatch) to date, by replacing the original funding provisions. The State may have a need to update changes to state, federal, local match and local agency g Y overmatch funds, which will be attached to the option farm. The State may exercise this o tion b P Y providing a fully executed option to the contractor within thirty (30) da s after the State h as received notice of funding changes, in a form substantially equivalent to ExhibitC. If the State exercises this option, ''the contract will be considered to include this option provision. Page 10 of 12 Section 25. Disputes Except as otherwise provided in this contract, any dispute concernin g a question of fact arising under this contract which is not disposed of by agreement, will be decided b �' � y the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be fin . g al and conclusive unless, within 30 calendar days after the date of recei t of a co of such written ' p copy decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed . pp ssed to the Executive Director of the Department of Transportation. In connection with an appeal y pp proceeding ceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and in pp Y to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local .. p 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 dui authorized representative . Y for the determination of such appeals will be final and conclusive and serve as final agency ' . g y 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 al the decision of any administrative official, representative, or board on a q uestion of law. Page 11 of 12 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT LOCAL AGENCY-, i EAGLE COUNTY Legal Name of Contracting Entity CDOT Vendor Number 2000124 A I Signature ot AuFhorized Officer CAA 6 A) Print Name k Title of Authorized Officer STATE OF COLORADO: BILL RITTER, JR, GOVERNOR By For Executive Director Department of Transportation LOCAL AGENCY: (A Local Agency seal or attestation is required.) Attest (Seal) BC (Town/City/county Clerk) '04^ (Place Local Agency seal here, if available) 1- - ALL CQ.NTRACTS 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 pnor 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: Z1�47 Dat __ �� /� c% Page 12 of 12 Exhibit A, SCOPE OF WORK r rroject %;neracteristics (Proposed) kMe an (Type): Q Depressed {�] Painted Q Raised 0 None - L ht! Handicap Rams Traffic Control Signals Q Curb and Gu er Q Curb On Stri Left -Tum S lots ,. Continuous Width= _0 Sktwalk Widt 8ikewa Width= Rl ht•Tum Slots Continuous width= Parki Lane''Wid #l�m Detours I Construction Permanent 0 Landscaping requirements (description): Other (description): Right of WAY Yes /No Est. # Utilities (list names of known utility companies) ROW Wor Perm. Easement Required No Relocation Required No U�known Temporary Easement Required: No Changes In Access: No Changes to Connecting Roads: No Railroad Crossings # of Crossings: Recommendatlons Environme tal Type: Approved On: Project Code # Cleared Under: Project # Cleared Under: None I l Comments: Coordination Q Withdrawn Lands (Power Sites, Reservoirs, Etc.) Cleared through BLM or Forest Service Office Irrigation Ditch Name: Q New Traffic Ordinance Required Q Modify Schedule of Existing Ordinance Muncipallty. Eagle Other: Construction Method Advertised By: NoAd Reason: Entity ! Agency Contact Name: Phone #: Stale Safety Considerations Project Under: 3R Guardrail meets current standards: No Q Variance in Mirmum Design Standards Required Q Safety project not all standards Comments: (� Justification Attached Q Request to be Submitte addressed WW a item 4 2 See Remarks Stage Construction ex laln in remarks 3R projects Safety Evaluation Complete (date): i '' ?�; ,r r J t � 4 �•H�tiY: - f 1� :! <, v� ��..._... 1 Exhibit B' . - - 0 LOCAL AGENCY ORDINANCE or RESOLUTION Commissioner moved adoption of the follow' g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2009 -12X RESOLUTION SUPPORTING THE AGREEMENT BETWEEN EAGLE COUNTY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR PHASE TWO OF THE US HIGHWAY 6 SHOULDER ADDITION PROJECT WHEREAS, Eagle County desires to participate in a shoulder addition '(the " roJ ect p Project ") for the section of US Highway 6 in unincorporated Eagle Count that is located g y between Eagle and the Wolcott; and WHEREAS, Eagle County has budgeted and appropriated $1,000,000.00 for Phase Two of the Project, which funds will be used for the construction of two -foot shoulders between Mile Post 153.5 and Mile Post 163.1 of US Highway 6; and WHEREAS, pursuant to C.R.S. § 43- 2- 104.5, the State of Colorado ma y contract with local governments to provide* maintenance and construction of highways that are p art of the state highway system; and WHEREAS, Colorado Department of Transportation ( "CDOT ") desires to artici ate in P p the shoulder addition project and has agreed to provide a two inch asphalt overlay and to re- stripe t p y p he roadway after the highway shoulder has been widened by Eagle County. y NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 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 CD04'. 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 Two of the Project. THAT, this resolution is to be in full force and effect from and after its assa a and approval. p g II REMAINDER OF PAGE INTENTIONALLY LEFT BLANKII MOVED, READ AND ADOPTED b the Board of Count Comm* Y Commi loners of the County of Eagle, State of Colorado, at its regular meeting held this g g day of , 2009. ATTEST: Clerk of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners tyj.�� B � : _ y r E Sara J. Fisher, C an Peter F. Runyon, Commissio Jon Stavney, Commissioner Commissioner .seconded adoption of the p foregoing resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher 0�4� Commissioner Peter F. Runyon 67A00 Commissioner Jon Stavney This Resolution passed by �! � vote of the Board of County Commissioners of the County of Eagle, State of Colorado. , t exhibit C '� SAMPLE IGA OPTION LE TTER NOTE: This option is limited to the specific contract scenarios listed below AND cannot be used in place of exercising a formal amendinent. Date: State Fiscal Year: I option Letter No. OLIN Routin # Contractor / Local Agency: y A. SUBJECT: (Choose applicable options listed below AND in section B and delete the rest 1. Option to renew (for an additional term) applies to Highway and ' contracts ONLY; this renewal g y Signal maintenance cannot be used to make any change to the original scope of work; p , 2. Level of service change within current term due to an unexpected Local overmatch on an overbid situation ONLY; 3. Option to add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition /Relocation or Railroads); 4. Option to update funding (a new Section 4. Project Funding Provisions must be refernced with the option letter and shall be labeled Revision 1 to Section 4. Project Funding Provisions (future changes for this option shall be labeled as follows: Revison 2, etc.) B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: Insert the following. Ian ua a for use with o tions #1): In accordance with Paragraph(s) of contract routing number {insert FY AoeL7cv code & CLIN routin # , between the State of Colorado, Department of Transportation, and (insert contractor's namej the state hereby exercises the option for an additional term of (insert erformance eriod h@Lej at a cost/ rice specified in Para ra hlSectianlProvision � P g P of the original contract, AND /OR an increase in the amount of goods /services at the same rate(s) as specified in Paragraph of the original contract. (insert the following lanouaoe for use with o tion #Z In accordance with the terms of the original contract (insert FY Mency code & CLIN rout—ing #1 between the State of Colorado, Department of Transportation and insert contractor's name here), the State hereby exercises the option to record a level of service change due to unexpected overrn h dol overbid situation. The contract is now increase p • jars due to an d by (indicate additional dollars here) specified in Paragraph /Section /Provision of the original contract. Insert the following Ian ua a for use with Option #3 In accordance with the terms of the original contract {insert FY AgeaQy Agency code & CLlt routin # between the State of Colorado, Department of Transportation and insert contractor's name here j, the State hereby exercises the option to add an overlapping phase in indicate Fiscal Year here that which base well be added and include ) , will include {describe c ude all that a I — Design. Construction Environmental Utilities RAIN incidentals or Miscellaneous). Total funds for this contract remain the same (indicate total dollars here a referenced in Paragraph /Section /Provision /Exhibit } s of the original contract. (Insert the following language for use with Option #4 }• In accordance with the terms of the original contract (insert FY Acl&ncy code & CLIN routin # ) between the State of Colorado, Department of Transportation and insert contractor's name here , - the State hereby exercises the option to update funding based on changes from state, federal, local match and /or local agency overmatch funds. The contract is now (select one: increased and /or decreased by (insert dollars here) specified in Paragraph!- Section /- Provision /Exhibit of the original contract. Anew Section 4. Project Funding Provisions is made part of the original contract and replaces the original Section 4. Project Funding Provisions. Exhibit C -- Page 1 of 2 Exhl"bit C: The f ilowin language must be included on all options): The amount of the current Fiscal Year contract value is {increased /decreased} by ($ amount, of chance,) to a new contract value of ($� ) to satisfy services /goods ordered under the contract for the current fiscal Year (indicate Fiscal Year). The first sentence in Paragraph /Section /Provision is hereby modifi�d accordingly. The toital contract value to include all previous amendments, option letters etc. is The effective date of this Caption Letter is upon approval of the State Controller A pp or delegate, whichever is later. APPROVALS: For the Contractor / Local A92jncy_: Legal Name of Contractor / L.ocal Agency Fay: Print blame of Authorized Individual Signature: Date: Title: Official Title of Authorized Individual State] of Colorado: Sill Ritter, Jr., Governor By: 0 Date: Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30 -202 requires the State Controller to approve all State Contracts. This Contract Is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto the S Colorado Is not obilgated to pay Contractor for such performance p tats of p or for any goods and/or services provided hereunder. Issuance date: July 1, 2008 State Controller David J. McDermott, CPA By: Date: Exhibit C Page 2 of 2 I t 14 0 • s Exhibit D LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST CDOT Form 1243 NOT APPLICABLE TO THIS AGREEMENT Exhibit D