HomeMy WebLinkAboutC11-170 CDOT US6 Wolcott West Resurvacing Agreement (LA $ CDOT WK) PROJECT NH 0063 -039 (18369) Contract Routing # 11 HA3 31993
REGION 3 (DAW) ID # 331000422
CONTRACT
THIS CONTRACT made this /o' "zlay of E 2011, 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 P.O. 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 3020, WBS Element 18369.20.10, Phase C
(CDOT 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 construction for the US 6 Wolcott West surface treatment
project on US 6 in Eagle County. Eagle County has funds available and desires to provide a
contribution of $1,000,000 toward the cost of the work. The work will consist of Construction of two
foot shoulders and a two inch asphalt overlay between MP 153.5 and MP 158.2 on State Highway 6;
and by the date of execution of this contract, the State has completed and submitted a preliminary
version of CDOT form #463 Exhibit A describing the general nature of the Work. The Local Agency
understands that, before the Work begins, form #463 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 provide funding for a portion of the Work described in form #463, as it may be revised.
5. The Local Agency has made funds available for Project NH 0063 -039 which shall consist of a
contribution toward the cost of construction for the US 6 Wolcott West surface treatment 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 $1,000,000.00 in funding for a
portion of the `Work ".
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1
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7. The State and Local Agency have estimated the cost of the Work and the Local Agency is
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prepare to provide a portion of the funding required for the Work, as evidenced by an appropriate
ordinan e 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 ork under the project. A copy of this ordinance or resolution is attached hereto and
incorpo ated herein as Exhibit B.
8. This ontract is executed under the authority of §§ 29 -1 -203, 43 -1 -110; 43 -1 -116, 43- 2- 101(4)(c)
and 43 -4 -144, C.R.S. and Exhibit B.
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9. The 14arties hereto desire to agree upon the division of responsibilities with regard to the project.
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THE PARTIES NOW AGREE THAT:
S ection 1. Scope of Work
The Proj ct or the Work under this contract shall consist of the Construction of two foot shoulders
and a tw inch asphalt overlay between MP 153.5 and MP 158.2 on State Highway 6, for the
US 6 W lcott West surface treatment project on US 6 in Eagle County, referred to as the
"Project'4 or the "Work." Such Work will be performed in the Eagle County, Colorado, as more
specifically described in Exhibit A.
S ection 2. Order of Precedence
or incon
the event stencies of conflicts be or inconsistencies resolved reference between the this contract and its exhibits, such conflicts
shall by to documents in the fallowing order of priority:
1 This contract
2 Exhibit A (Scope of Work)
3, Exhibit C (Option Letter)
4, Other Exhibits in descending order of their attachment.
Sction 3. Term
This contract shall be effective upon approval of the State Controller or designee, or on the
date mad , whichever is later. The teen of this contract shall continue through the completion and
final acc ptance of the Project by the State, FHWA and the Local Agency.
S ction 4. Project Funding Provisions
A. The cal Agency has estimated the total cost of the work and the Local Agency is prepared to
provide a ortion of the funding for the work, as evidenced by an appropriate ordinance or resolution
duly pass d and adopted by the authorized representatives of the Local Agency, which expressly
authorize the Local Agency to enter into this contract and to expend its funds for the project. A
copy of t is ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
Page 2 of 12
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 $1,000,000.00 which is to be funded as
follows:
1. Local Agency Funds $1,000,000.00
2. Total Funds: $ 1,000,000.00
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.
D. The parties hereto agree that this contract is contingent upon all funds designated for the project
herein being made available from state sources, as applicable. Should these sources fail to provide
necessary funds as agreed upon herein, the contract may be terminated by either party, provided that
any party terminating its interest and obligations herein shall not be relieved of any obligations which
existed prior to the effective date of such termination or which may occur as a result of such
termination.
Section 5. Project Payment Provisions
A. The Local Agency will reimburse the State for incurred costs relative to the project following the
Local Agency's review and approval of such charges, subject to the terms and conditions of this
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 may be agreed between the parties hereto, the Local Agency agrees
that, at the request of the State, the State Treasurer may withhold an equal amount
from future apportionment due the Local Agency from the Highway Users Tax Fund
and to pay such funds directly to the State. Interim funds, until the State is
reimbursed, shall be payable from the State Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 60 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the payment
which was not made in a timely manner, until the billing is paid in full. The interest
shall accrue for the period from the required payment date to the date on which
payment is made.
Page 3 of 12
C. The tate will prepare and submit to the Local Agency, no more than monthly, charges for costs
incurred relative to the project. The State's invoices shall include a description of the amounts of
services performed, the dates of performance and the amounts and description of reimbursable
expense . The invoices will be prepared in accordance with the State's standard policies, procedures
and stan ardized billing format.
ection 6. State and Local Agency Commitments
The State and Local Agency agree that the Work to be performed and assigns responsibility of that
Work to the State. The State is the "Responsible Party" referred to in this contract.
A. Design [Not Applicable]
1 If the Work includes preliminary design or final design (the "Construction Plans "), or
design w rk sheets, or special provisions and estimates (collectively referred to as the "Plans "), the
responsi le party shall comply with the following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the Work.
b. prepare final design (Construction Plans) in accord with the requirements of
the latest edition of the American Association of State Highway
Transportation Officials (AASHTO) manual or other standard, such as the
Uniform Building Code, as approved by CDOT.
c. prepare special provisions and estimates in accord with the State's Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction.
d. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
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. C nstruction [Applicable]
1. If the Work includes constniction, the responsible party shall perform the
construction in accordance with the approved design plans. 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.
Page 4 of 12
2. If the State is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of
Colorado, as the State Agency Project Engineer (SAPE), to perform that
administration. The SAPE shall administer the project in accordance with
this contract, the requirements of the construction contract and applicable
State procedures.
b. if bids are to be let for the construction of the project, the State shall, in
conjunction with the Local Agency, adver i
advertise 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 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 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).
(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, 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 12
Allocation of Responsibilities can be as follows:
• Federal participation in right of way acquisition (3111 charges), relocation (3109
charges) activities, if any, and right of way incidentals (expenses incidental to
acquisition /relocation of right of way - 3114 charges);
• Federal participation in right of way acquisition (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).
Regardl4ss of the option selected above, the State retains oversight responsibilities.
The Loc t1 Agency 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 /.
Section 8. Utilities
necessary, the Responsible Party will be responsible for obtaining the proper clearance or
If
approval from any utility company, which may become involved in this Project. Prior to this Project
being ad'ertised for bids, the Responsible Party will certify in writing that all such clearances have
been obtined.
Sction 9. Railroads
the event the Project involves modification of a railroad company' s facilities whereby the
Work is be accomplished by railroad company forces, the Responsible Party shall make timely
applicati n to the Public Utilities Commission requesting its order providing for the installation of
the prop sed improvements and not proceed with that part of the Work without compliance. The
Responsi le Party shall also establish contact with the railroad company involved for the purpose of
complyi with applicable provisions of 23 CFR 646, subpart B, concerning federal -aid projects
involvin 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
T State shall perform all Work in accordance with the requirements of the current federal and state
environme tal regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable.
Page 6 of 12
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 state' 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 may be pending. The State
shall make such materials available for inspection at all reasonable times and shall permit duly authorized
agents and employees of the Local Agency and FHWA to inspect the project and to inspect, review and audit
the project records.
Section 13. Termination Provisions
This contract may be 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
) s Y
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 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
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.
Page 7 of 12
If of er such termination it is determined, for any reason, that the Local Agency was not in default
or that t le Local Agency' s action/inaction was excusable, such tei,.nination shall be treated as a
tennina on 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.
Sect on 14. Legal Authority
Th ocal Agency warrants that it possesses the legal authority to enter into this contract and that
it has t en all actions required by its procedures, by -laws, and /or applicable law to exercise that
authorit , and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local A envy 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.
Sect n 15. Representatives and Notice
The tate 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 coor
c is
the State's activities under this contract and will also issue a "Notice to Proceed" to
the Loca 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
substitut: representatives.
•
to the State: If to the Local Agency:
artha Miller, PE Eva Wilson, County Engineer
all OT Region 3 Eagle County
• - sident Engineer 500 Broadway
7 4 Grand Avenue P.O. Box 850
Eagle, CO 81631 Eagle, CO 81631
('70) 328 -6385 (970) 328 -3560
S ; ction 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.
Stiction 17. Third Party Beneficiaries
It s expressly understood and agreed that the enforcement of the terms and conditions of this
contract d all rights of action relating to such enforcement, shall be strictly reserved to the State
and the L cal Agency. Nothing contained in this contract shall give or allow any claim or right of
action w tsoever by any other third person. It is the express intention of the State and the Local
Agency t at any such person or entity, other than the State or the Local Agency receiving services or
benefits Older this contract shall be deemed an incidental beneficiary only.
Page 8 of 12
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.
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 12
ection 23. Modification and Amendment
his contract is subject to such modifications as may be required by changes in federal or
State la , or their implementing regulations. Any such required modification shall automatically be
incorpor ted into and be part of this contract on the effective date of such change as if fully set forth
herein. xcept as provided above, no modification of this contract shall be effective unless agreed to
in writin by both parties in an amendment to this contract that is properly executed and approved in
accorda e with applicable law.
S ction 24. Option Letters
Option Letters may be used to extend Agreement term, change the level of service within 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 limited to the specific scenarios
listed be ow. The Option Letter shall not be deemed valid until signed by the State Controller or
an autho 'zed delegate.
Followin are the applications for the individual options under the Option Letter form:
Option - Option to extend or renew (this option applies to Highway and Signal maintenance
contracts only). In the event the Mate 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 for a period of up to one (1) year. The
contract all be extended under the same terms and conditions as the original contract,
including but not limited to prices, rates and service delivery requirements. 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 fully executed option to the contractor,
within th*tty (30) days prior to the end of the current contract term, revising the Section 4. Project
Funding Provisions. If the State exercises this option, the extended contract will be considered to
include this option provision. The total duration of this contract, including the exercise of any
options u I der this clause, shall not exceed five (5) years.
Option 2 Level of service change within current term due to unexpected oveuiiatch in an
overbid s' uation onl . 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
Oveiinatc 1 dollars to be provided by the Local Agency to be added to the contract. This option is
only appl' able for Local Overmatch on an overbid situation and shall not be intended for any
other Loc 1 Overmatch funding.
The State ay unilaterally increase the total dollars of this contract as stipulated by the executed
Option L ter (Exhibit C), which will bring the maximum amount payable under this contract
to the am unt indicated in Section 4. Project Funding Provisions, attached to the executed
Option L ter (future changes to Exhibit C shall reference additional changes to Section 4).
Page 10 of 12
Performance of the services shall continue under the same terms as established in the contract.
The State will use the Financial Statement submitted by the Local Agency for "Concurrence to
Advertise" as evidence of the Local Agency's intent to award and it will also provide the
additional amount required to exercise this option. If the State exercises this option, the contract
will be considered to include this option provision.
Option 3 — Option to add overlapping phase without increasing 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 to Acquisition/Relocation or
Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original
contract with the contract dollars remaining the same. The State may exercise this option by
providing a fully executed option to the contractor within thirty (30) days before the initial targeted
start date of the phase, in a form substantially equivalent to Exhibit C. If the State exercises this
option, the contract will be considered to include this option provision.
Option 4 - To update funding (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
overmatch funds, which will be attached to the option form. The State may exercise this option by
providing a fully executed option to the contractor within thirty (30) days after the State has received
notice of funding changes, in a form substantially equivalent to Exhibit C. If the State exercises this
option, the contract will be considered to include this option provision.
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 11 of 12
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
STATE OF COLORADO:
JOHN W. HICKENLOOPER
LOCAL AGENCY: GOVERNOR
EAGLE COUNTY By S l_,1V 0 an \-41 1l
Legal Name of Contracting Entity For Executive Director
Department of Transportation
CDOT Vendor Numbe , 2000124
ft
A 11
Signatu s I Authorized Officer
N )TAI` N L.� , fr t i2 -11/t
Print Name & Title of Authorized Officer
LOCAL AGENCY:
(A Local Agency seal or attestation is required.)
oils co I.: s
' . ...• i ? �'
Attest (Seal) By
(Town/City /Cou r ty Clerk) Ti
(Place Local Agency seal here, if available)
I
_ .---- rgYk o
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 C 2-i (A
Date X1(6 l / 1
1
Page 12 of 12
1
Exhibit A
FORM 463
or
SCOPE OF WORK
Exhibit A'
COLORADO DEPARTMENT OF TRANSPORTATION Orlg: Date: 03/02/2011 Project Code 8 (SAM: 18369 STIP #:
DESIGN DATA Rev.Date: Project #: 0063 - 039
Revision #: 0 PE Project Code:
Page 1 to 3
Region" #: 03 Project Description: US 6 WOLCOTT WEST
Status d Preliminary ❑ Final ❑ Revised
County: 037
Submit ad By PM:. LOMSARDIP Approved by program Engineer:
Date: Municipally: Eagle
System Code: O - Other Federal - Aid Highway
Reviser by: Oversight. By:A- Exempt
Date: Planned Length: 4.61
Gaogra, hic Location: US 6 WOLCOTT WEST
Type of Terrain: Mountainous
Descripion of Proposed Constructionllmprovement(Attach rnap showing site location)
CONSTRUCTION OF 2 FOOT SHOULDERS AND 2 INCH HMA OVERLAY
® Protect Characteristics (Proposed) Median (Type): ❑ Depressed ❑ Painted ❑ Raised ® None
n.. Lignfing - ❑ Handicap. Ramps ❑ Traffic Control Signals LJ Striping
❑ Cub and Gutter ❑ Curb Only E-3 Left-Turn Slots El Continuous Width=
L] Siowalk Width= n Bikeway Width= f . Right•Turn Slots El Continuous Width=
r] Pa king Lane Width= n Detours Signing n Construction ❑ Permanent
❑ Laldscaping requirements (description): ❑ Other (description):
I
® RI )ht of Way Yes/No Est. # ® Utilities (list names of known utility companies)
Rt3W. hJor Perm. Easement Required No Unknown
Revocation Required No
Tetiporary Easement Required: No
Changes in Access: No
Ch nges to. Connecting Roads: No
R (road Crossings 8 of Crossings:
Recom ndations :
▪ E lronmental Type: Approved On: Project Cods # Cleared Under: Project # Cleared Under:
None / /
Commer o:
C4rdlnatlon
❑ Withdrawn Lands (Power Sites, Reservoirs. Etc.) Cleared through BLM or Forest Service Office Irrigation Ditch Name:
❑ New Traffic Ordinance Required ❑ Modify Schedule of Existing Ordnance Muncipalky: Eagle
Other:
▪ C4structIon. Method I Advertised By: NoAd Reason: Entity / Agency Contact Name: Phone 8:
State Martha Miller (970) 328-6385
Sa'ety Considerations I Project Under: Guardrail meets current standards: NO
❑ Var ante in Minimum Design Standards Required ❑ Safety project not all standards Comments:
0 Justification Attached ❑ Request to be Submittec addressed
Bridge(see -item 12) ❑ See Remarks
T ❑ Sta e Construction (explain in remarks)
3R proje9ts
Safety Evaluation Complete (date):
Exhibit A
Page 2of3 Prciest Code #(SA#): Project #: Rene date:
18369 0063.039
Use Columns A, B, C, D and/or E to identify facilRy described balm
IA 006E I 8 = I = 3: 16
Traffic
Current Year AD 3000
2011 DH 360
DHV %Truck 6.1
Future Year AD 4050
2031 DH 486
Facility Location 0 Industrial [] Commercial 0 Industrial [] Commercial a Industrial [ Commercial 0 Industrial d Commercial 0 Industrial 0 Commercial
g Residential ® Other 0 Residential 0 Other 0 Residential [t Other 0 Residential 0 Other 0 Residential 0 Other
10 Roadway Class
Route 006E
Rote 153.500
Endrefpt 158.200
Functional Classification C
Facility type U
Rural Code 1
Design Standards Standard Existing Proposed Uhimue Sandara E;dscng Proposer difma:e Standard Exidtg Proposed Ultimate Stardom E,nsting Prc{wtec U times Starcard Exiting Proaosed Ultimate
Design Variance Required (substandard items are identi ied with an in tet column & clarify as design variance with CDOTForm #464)
Wirth of Travel Lanes 11
Shoulder width Itloutside
Shoulder width rUoutside 2'
Design Speed
Cross Slope
Max.superelevatian rate
Min. Radius
M. Horizontal SSD
Min. Vertical SSD
Max Grade
Design Decision Letter Required (substandard items are indehtifled with an' in 1st column & clarify with decision letter)
Typical Section Type
# of Travel Lanes 2
Side Slope Dist. (°z')
Median Width
Posh Speed 55
1 ,
' f
Exhibit A'
Page of 3 Project Code #(SA#): Project #: Revise Date:
18369 0063 - 039
® aJor Structures S= to stay, Ft= to be removed, P= proposed new structure
Reference Standard Structure 'Structural Horizontal Vertical Year
SPucture I0# r Length Point Feature Intersected Width Roadway :Capacity Clearance _ Clearance. Built
Proposed Traament of Bridges to Remain in Place(eddress bridge rail, capacity, and allowable surfacing thickness):
R narks
This.Reyion 3 surface treatment project is receiving an additional $1 Million dollars from Eagle County to help build up and pave
the sho Hiders.
li
Exhibit B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Exhibit C
SAMPLE IGA OPTION LETTER
(This option has been created by the Office of the State Controller for CDOT use only)
NOTE: Thi option is limited to the specific contract scenarios listed below AND cannot be used in place of exercising a formal
amendmen .
Date: State Fiscal Year: Option Letter No. CLIN Routing #
Contractor / Local Agency :
A. SUEIJECT: (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 Signal maintenance contracts ONLY;
this rene al
canno be used to make any change to the original scope of work;
2. Level f 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
Misce laneous ONLY (does not apply to Acquisition /Relocation or Railroads);
4. Option to update funding (a new Section 4. Project Funding Provisions must be referenced with the
option tter and shall be labeled Revision 1 to Section 4. Project Funding Provisions (future changes
for this option shall be labeled as follows: Revision 2, etc.)
B1 REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set
forth below:
(Insert the following language for use with Options #1):
In accordance with Paragraph(s) of contract routing number (insert FY, Agency code, & CLIN
routing #1, between the State of Colorado, Department of Transportation, and (insert contractor's name) the
state hereby exercises the option for an additional term of (insert performance period here) at a cost/price
specified in Paragraph /Section /Provision 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 co tract.
(Insert the following language for use with Option #2):
In accorda ice with the terms of the original contract (insert FY, Agency code & CLIN routing #) 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 overmatch dollars due to an
overbid situation. The contract is now increased by (indicate additional dollars here) specified in
Paragraph,Section /Provision of the original contract.
(Insert the following language for use with Option #3):
In accordance with the terms of the original contract (insert FY, Agency code & CLIN routing #) between the
State of C )lorado, Department of Transportation and (insert contractor's name here), the State hereby
exercises tie option to add an overlapping phase in (indicate Fiscal Year here) that will include (describe
which phase will be added and include all that apply — Design, Construction, Environmental, Utilities, ROW
incidentals or Miscellaneous). Total funds for this contract remain the same (indicate total dollars here) as
referenced in Paragraph /Section /Provision /Exhibit ofthe original contract.
(Insert the following language for use with Option #4):
In accordance with the terms of the original contract (insert FY, Agency code & CLIN routing #) 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) speci ied in Paragraph /- Section /- Provision /Exhibit of the original contract. A new
Section 4. Project Funding Provisions is made part of the original contract and replaces the original
Exhibit C — Page 1 of 1
Exhibit C
Section 4. Project Funding Provisions.
(The following language must be included on all options):
The amount of the current Fiscal Year contract value is (increased /decreased) by ($ amount of change) 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
modified accordingly.
The total contract value to include all previous amendments, option letters, etc. is
p ($ ).
The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is
later.
APPROVALS:
For the Contractor / Local Agency :
Legal Name of Contractor / L:ocal Agency
By:
Print Name of Authorized Individual
Signature:
Date:
Title: Official Title of Authorized Individual
State of Colorado:
JOHN W. HICKENLOOPER
By: 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 State of
Colorado is not obligated to pay Contractor for such performance or for any goods and /or
services provided hereunder.
STATE CONTROLLER
DAVID J. MCDERMOTT, CPA
By:
Date:
Issuance date: Controller Signature
Exhibit C — Page 2 of 1
Exhibit D
LOCAL AGENCY
CONTRACT ADMINISTRATION
CHECKLIST
CDOT Form 1243
NOT HPPLICABLE TO THIS AGREEMENT
Exhibit D
1
