No preview available
HomeMy WebLinkAboutC11-303 AMEC Earth & Environmental, Inc. EAGLE TEAK JCSIMONTONO 201117169 REC: s0 58 00 DOC: ::: 09/16/2011 II 1 1 111 111 101 111 1 1011 0 AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND AMEC EARTH & ENVIRONMENTAL, INC. FOR PROFESSIONAL DESIGN SERVICES FOR EAGLE COUNTY BRIDGE EAG-301 -23.5 REPLACEMENT THIS AGREEMENT for 'rofessional Services ( "Agreement ") is made and entered into effective as of the )'b day of .' IA' jj 1 . , , 2011 by and between AMEC Earth & Environmental, Inc. a Colorado corporation (he einafter "Consultant" or "Contractor ") and Eagle County, Colorado a body corporate and politic ( "County "). RECITALS WHEREAS, County desires to replace a bridge on the Colorado River Road at Mile Marker 23.5 in the unincorporated area of Burns in Eagle County (hereinafter "Project "); and WHEREAS, the Colorado Department of Transportation (hereinafter "CDOT ") has selected this Project as eligible for Federal funding through the Off - System Bridge Program (hereinafter "BRO ") administered by CDOT; and WHEREAS, County entered into an Inter - Governmental Agreement with CDOT (Project Number BRO C 440 -006 (17445)) for BRO funding of the Project; and WHEREAS, Consultant represents that it is a corporation authorized to do business in Colorado; and WHEREAS, Consultant and County intend by this Agreement to set forth the scope of the responsibilities of the Consultant in connection with the Services (as defined below) and related terms and conditions to govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1) Services. Consultant agrees to furnish all services, labor ersonnel and materials necessary to P rY perform and complete the services described in Consultant's Scope of Work dated July 1, 2011 and associated sub - consultant proposals, attached hereto as Exhibit A ( "Services "). Consultant shall meet design requirements of the Inter- Govenmental Agreement between County and CDOT, attached hereto as Exhibit C. If no completion date is specified in Exhibit A, Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable professional standard of care. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. This Agreement shall commence on the date first written above and, subject to the provisions of paragraph ten hereof, shall continue in full force and effect until the Services are satisfactorily 1 ii _ completed. 2) Compensation. County shall compensate Consultant for the performance of the Services as set forth herein and in Consultant's Fee Proposal dated July 19, 2011, and associated sub - consultant proposals attached hereto as Exhibit B ( "Compensation "). The Compensation agreed to and set forth in Exhibit B shall be paid by County in monthly payments equal to the cost plus percentage of fixed fee for each task performed or completed by Consultant and any out -of- pocket expenses are included in the fees estimated in Exhibit B. All invoices shall include the percentage of completion by task with detail regarding hours spent, tasks performed and who performed each task. An application for payment shall cover a calendar month beginning on the 1st of the month and ending on the last day of the month. An application for payment shall be submitted to County by Consultant by the 15 of the month following the month in which the Services are rendered and shall be accompanied by invoices or other documentation as may be required by County, and such other documentation as may be required by the CDOT or other government agencies processing invoices for payment or reimbursement to County, if any, and as may be required by County. Consultant payment shall be paid within thirty days of receipt of an invoice provided that all of Consultant's complete invoices and insurance certificates on file with County are current and all Services have been satisfactorily performed. Original invoices with accompanying support documentation should be forwarded to: Ben Gerdes, Senior Project Engineer, Eagle County Engineering, Post Office Box 850, Eagle, CO 81631 by US Mail or electronically to Ben.Gerdesgeaglecounty.us. The compensation for the performance of Services described in Exhibit A shall not exceed three hundred six thousand seven hundred forty -six dollars ($306, 746). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after, December 31, 2011 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29 -1 -101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 3) Additional Services. Any services in addition to the Services ( "Additional Services ") shall be performed by Consultant only upon the written request of County. Orders for Additional Services shall be acknowledged by County and Consultant in writing, prior to any such work identified as Additional Services is performed by Consultant. Failure by Consultant to obtain written authorization and acknowledgement by County for Additional Services shall result in non - payment for any such Additional Services or work performed. Except as otherwise agreed in writing by Consultant and County, all Additional Services shall be subject to the terms and conditions of this Agreement. County may also by written notice to Consultant make any reasonable reductions to the scope of the Services and the compensation payable to Consultant shall be reduced in a fair and reasonable amount on account thereof. 4) Assignment & Sub - consultants. County hereby consents to Marcin Engineering, LONCO, Yeh & Associates, Transportation Resource Services and PKM Design Group performing portions of the Services as a sub - consultants to Consultant. Consultant shall be responsible for the performance of Services by sub - consultants as set forth herein. Consultant shall be responsible for compensating sub - consultants for any Services or Additional Services performed by sub - consultants. County shall only be responsible for compensation to Consultant as set forth herein. 2 Notwithstanding the foregoing, Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any other or alternative sub - consultant agreements for the performance of any of the Services or Additional Services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub - consultant, as approved by County and to the extent of the Services to be performed by the sub - consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub - consultant hired by Consultant and Consultant shall cooperate in such process. 5) Insurance. Unless otherwise agreed to in writing by County, Consultant agrees to provide and maintain, at Consultant's sole cost and expense, and to require its subcontractor to maintain the following insurance coverage: a) Types of Insurance. i) Workers' Compensation as required by law. ii) Consultant shall provide auto coverage through his personal policy. iii) General Liability Coverage with limits of liability not less than $1,000,000 per occurrence; $1,000,000 for bodily injury and property damage and $1,000,000 aggregate limits. iv) Professional Liability Insurance with limits of liability of not less than $1,000,000 per occurrence. b) Other Requirements. i) Consultant shall maintain the foregoing coverage in effect until the Services and Additional Services are completed. In addition, to the extent commercially available at reasonable rates, all such policies shall be kept in force by Consultant until the applicable statute of limitations for the Project has expired. ii) All policies must be written by insurance companies whose rating in the most recent Best's rating guide is not less than A- (VII). iii) Certificates of Insurance with the required endorsements evidencing the coverage must be delivered to County prior to commencement of any Services under this Agreement and must be provided on an annual basis commencing on the first (1 anniversary of the policy year and continuing thereafter, or at any time within fifteen (15) days after request therefor by County or an additional insured. Consultant shall provide County a complete copy of any policy of insurance required hereunder within five (5) business days of a written request from County, and hereby authorizes Consultant's brokers, without further notice to or authorization by Consultant, to immediately comply with any written request 3 of County for a complete copy of any policy required hereunder. iv) If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. v) Consultant's insurance shall be primary and non - contributory to any insurance held by County. 6) Indemnification. To the fullest extent permitted by law, Consultant agrees to indemnify, defend and hold harmless Eagle County, their officers, directors, agents and employees, (collectively, "County Indemnitees ") from and against any and all claims, demands, losses, liabilities, damages, disbursements, obligations, fines, penalties, costs, expenses (including, but not limited to, reasonable attorneys' fees and costs) and costs of every kind and character ( "Claims ") to the proportionate extent actually caused by or attributable to (in whole or in part) the performance or non - performance of the Services (including any Additional Services) provided by Consultant and its agents, employees, sub - consultants and/or suppliers, and/or any negligent or otherwise wrongful statement, act or omissions of Consultant or any person or entity under Consultant's control whether or not it is caused in part by a party indemnified hereunder; and Contractor shall reimburse County for any and all expenses, including attorney fees, incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. The indemnity and hold harmless provisions of this Agreement shall survive expiration or termination hereof. County and Consultants hereby certify and agree that the indemnity and hold harmless provisions of this Agreement have been freely and mutually negotiated. 7) Ownership of Documents. All documents prepared by Consultant or Consultant's subcontractor in connection with Consultant's performance under this Agreement shall become the property of County and Consultant or Consultant's subcontractor shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term "documents" shall mean and include all surveys, reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subcontractor in connection with the performance of the Services and Additional Services under this Agreement). 8) Notices. All notices or other communications made pursuant hereto shall be in writing and shall be deemed properly delivered, given or served (i) when personally delivered, or (ii) two (2) calendar days after being deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below their signatures, or (iv) when sent via facsimile so long as the sending party can provide a facsimile machine or other confirmation showing the date, time, and receiving facsimile number for the transmission. Either party may change its address for the purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. County: 4 Eagle County Government Attention: Ben Gerdes 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3560 Facsimile: 970 - 328 -8789 E -mail: ben.gerdes @eaglecounty.us And a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970 - 328 -8685 Facsimile: 970 - 328 -8699 Consultant: AMEC Earth & Environmental Attention: John Broadus 2000 S. Colorado Blvd, Suite 2 -1000 Denver, CO 80222 Telephone: 303-742-5333 Facsimile: 303-935-6575 E -mail: john.broadus @amec.com 9) Coordination. Consultant acknowledges that the development and processing of the Services or Additional Services for the Project may require close coordination between various consultants. Consultant shall coordinate the Services required hereunder with the other consultants that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants, in writing, of any changes or revisions to Consultant's work product that might affect the work of other consultants providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 10) Termination. Either party may terminate this Agreement at any time and for any reason, with or without cause, with seven (7) calendar days' prior written notice to the other party. On termination of this Agreement, County shall pay to Consultant as payment in full for all labor, work and services performed, all materials supplied, and expenses incurred by Consultant as follows: (i) the agreed compensation for all Services and approved Additional Services satisfactorily performed by Consultant under this Agreement up to the effective date of termination. Concurrent with Consultant's receipt of such payment, Consultant shall sign and deliver to County true and complete copies of Consultant's work product. As used herein, the "effective date of termination" shall be that date which is seven (7) calendar days after receipt of the notice of termination. 5 11) Venue and Jurisdiction. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. 12) General Conditions. a. Consultant shall be responsible for the completeness and accuracy of the Services and any Additional Services, including all supporting data and other documents prepared or compiled in performance of the Services or Additional Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services or Additional Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services and Additional Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to consultants, with respect to similar services, in this area at this time. Consultant represents and warrants that it has the experience and personnel necessary to properly perform the Services. b. Each of the Exhibits referred to herein and attached hereto is an integral part of this Agreement and is incorporated herein by reference. c. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. By executing the Agreement, Consultant confirms that the time limitations set forth herein are reasonable period(s) for performing the Services. d. This Agreement shall be construed and interpreted under and shall be governed and enforced according to the domestic laws of the State of Colorado (without reference to the doctrine of conflicts of law). e. Consultant represents and warrants that at all times in the performance of the Services Consultant shall comply with any and all applicable laws, codes, rules and regulations. f. Consultant and its employees are not entitled to workers' compensation benefits through the County. Consultant is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Consultant and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than County. The Consultant hereby acknowledges full and complete liability for and shall timely pay all taxes imposed by any federal, state or local taxing authority on all payrolls and compensation of its employees and subcontractors and any other taxes, fees and charges levied against Consultant on account of this Agreement. g. This Agreement constitutes an agreement for the performance of work and services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer - employee, master - servant, partnership, joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County or to approve any Additional Services, unless specifically approved by County in writing. 6 h. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understandings between the parties with respect thereto. i. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by a written instrument signed by the party to be charged. Notwithstanding the foregoing sentence, Consultant agrees to make such revisions to this Agreement as may be reasonably required by County, and Consultant agrees to comply with customary requirements of construction and permanent lenders which may be imposed including, but not limited to, execution of a subordination agreement(s). j. This Agreement and the covenants contained herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors -in- interest. k. No failure or delay by either party in the exercise of any right given to such party hereunder shall constitute a waiver thereof. No waiver of any breach of any agreement or provision contained herein shall be deemed a waiver of any preceding or succeeding breach thereof or of any other agreement or provision contained herein. 1. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female and the neuter, and vice versa. m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county auditors or their designees. Consultant authorizes County to perform audits or to make inspections of records during normal business hours, upon 48 hours' notice to Consultant. Consultant shall fully cooperate with County representatives during such audit or inspections. 13) Prohibitions on Government Contracts. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Consultant will participate in the E -verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services or Additional Services under this Contract. A. Consultant shall not: (i) Knowingly employ or contract with an illegal alien to perform Services or Additional Services under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Consultant has confirmed the employment eligibility of all employees who are newly 7 hired for employment to perform Services or Additional Services under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http: / /www.dhs.gov /xprevprot/programs /gc 1185221678150.shtm C. Consultant shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. D. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Consultant shall be required to: (i) Notify the subcontractor and County within three days that Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). F. If Consultant violates these prohibitions, County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, Consultant shall be liable for actual and consequential damages to County as required by law. G. County will notify the office of the Colorado Secretary of State if Consultant violates this provision of this Contract and ECHDA terminates the Contract for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 8 • IN WITNESS WHEREOF, the parties have executed this Agreement as of the I?) day of t, 2011. ATTEST: COUNTY OF EAGLE, STA E OF of DCA ORADO by through its BO • OF OF lir 'i ■ 1 _ , T CO .. MISSIONERS: / 1 1 1 By: aiik, __, a . dr firl..1 * - By: ,.. A _416/1 . 4oRARO \ Clerk to the Board of County Commission' a on S . vney, Chairman IS ,, 'n AMEC EARTH & ENVIRONMENTAL, INC. By: ak A-C/ Don Connors Principal STATE OF ( t in rack) ) ) ss. COUNTY OF Or hri'' ) The foregoing instrument was acknowledged before me by Ulna_ tcl ('(}Y1 pbr, j, this p day of F U i ). 1 , 2011. My commission expires: q- 7 - ( 3 fnrn .L =cam -m.1- Nota Public JENNY HART NOTARY PUBLIC STATE OF COLORADO My Commission Expires 04 /07/2013 9 [EXHIBIT A Eagle County Bridge EAG- 301 -23.5 Replacement Project Scope of Work Prepared for Ben Gertes, PE, Eagle County By AMEC Earth and Environmental July 1, 2011 General The existing Burns Bridge is structurally deficient and Eagle County has determined that the bridge will be replaced. The project will include minor roadway reconstruction to tie the new bridge into the existing County Road 301 alignment. This scope of work is for the planning and design of the Burns Bridge Project including the Field Inspection Review (FIR), Final Office Review (FOR), Geotechnical Report, Drainage Report, support for the NEPA documentation (Categorical Exclusion) as described below, Wetland Finding Report, 404 permitting, right -of -way plans and the Right -of -Way Plan Review (ROWPR). Right -of -way acquisitions, right -of -way monumentation, bid phase services and construction support services are not included in this scope. All planning and design work shall comply with the Colorado Department of Transportation (CDOT) standards and procedures unless specifically modified by Eagle County. The project will receive federal funding and as such all applicable federal regulations will apply. Project Management Develop a project plan, with input from Eagle County and CDOT, for the planning, permitting, design and construction of the new bridge. AMEC will coordinate and oversee survey and mapping, geotechnical investigations, hydrologic and hydraulic analysis, environmental studies and permitting support, roadway and bridge design, utility coordination, right -of -way plan preparation and public involvement. Establish project goals and criteria. Review with Eagle County and CDOT. Document the criteria. Develop an overall project schedule for design, permitting, ROW acquisition and construction. Provide schedule details for this current phase of work. Track schedule activities and take corrective actions as required to meet the schedule. Develop a design budget for this phase of work. Track budget activities and make adjustments as required to maintain the project budget. Develop a plan to coordinate with agencies, utility companies, stakeholders and adjacent property owners. Document issues, concerns and commitments. Plan design work to meet commitments as directed by Eagle County. Coordinate activities with design leads and subconsultants. Develop a Project Execution Plan which documents the project plan and establishes internal project management controls. Communicate project control requirements to the design team and ensure conformance with established controls. Provide regular updates regarding progress, schedule, budget and project issues to Eagle County. Provide monthly invoices in a format acceptable to Eagle County. Meetings Meet with Eagle County, CDOT, agencies, utility companies, stakeholders and property owners as necessary and as directed by Eagle County to plan and coordinate the work. All meetings will be in Eagle County unless otherwise noted. Prepare for meetings, prepare handouts and graphics, establish agendas and produce meeting notes. The following meetings are included in the scope. • Kick off meeting - This meeting will be attended by the PM, design leads and subconsultants. Page 1 of 4 • Progress meetings - Assume four progress meetings in addition to other meetings identified in this scope will be attended by the PM and required technical leads. • Agency meetings - Assume face -to -face agency coordination meetings will generally be held in conjunction with other team meetings included in this scope. Assume two additional agency coordination meetings which will be attended by the PM and required technical leads. • Field Inspection Review (FIR) meeting — This meeting will be attended by the PM, design leads and subconsultants. • Right -of -way Plan Review (ROWPR) meeting — This meeting will be attended by the PM and Survey /ROW subconsultant. • Final Office Review (FOR) — This meeting will be attended by the PM, design leads and subconsultants. Road$ray Develo alignment alternatives and design the roadway to tie the proposed bridge into existing CR 301. Produ preliminary detour and staging plans. Produce FIR, FOR and PS &E plans. The roadway classifi ation, design speed and project limits are to be determined. Bridga Develo bridge concepts for a new two lane bridge, considering various bridge types and span arrangements. Perform preliminary analysis as required to develop the concepts. Consider construction staging and constructability issues. Prepare preliminary cost estimates for each viable concept. Work with Eagle County to select the best alternative. Develop a Structural Selection Report for review and approval by Eagle County and CDOT. Develop FIR, FOR and PS &E bridge plans. Hydro ogy and Hydraulics Hydro! gic Analysis: Perform a flood frequency analysis to determine peak discharges at the study locatio for 10 -, 50 -, 100- and 500- year events. Data from the nearest downstream USGS gauging station ill be used along with the previous developed report titled, Floodplain Information Report for the Eagle d Colorado Rivers, Matrix Design Group, August 2003, to develop the discharge /frequency relation hip at the bridge location. Discharges will be adjusted to account for the reduced drainage area at these using procedures outlined in the U.S. Water Resource Investigation Report 99 -4190. Hydrau4lic Modeling: The project site is designated as FEMA Zone D floodplain. Since the existing floodpl in is approximate, AMEC assumes that there is no current effective hydraulic model for this reach of the lorado River. AMEC will use channel topographic cross section data to develop an existing conditi s HEC -RAS 1- dimensional model of the study area. The water surface profiles produced by the existing conditions model will serve as the base flood elevations for which to compare proposed conditio s water surface profiles. Due to potential flooding of existing structures upstream of the bridge, the pro osed improvements cannot increase the flood risk. AMEC will design the improvements with a no -rise riteria when comparing the existing conditions to the proposed conditions. A prop ed conditions HEC -RAS model will be developed. The proposed conditions model will be used to assis in: setting the low chord elevation of the new bridge to provide required freeboard in the design flood, c nfiguring the roadway and bridge to avoid any rise in the 100 -year water surface and determine flow vel cities for use in scour analysis and abutment/stream bank stability. Scour nalysis /Design: Scour depth estimates at the new bridge location will be determined using method$ outlined in FHWA HEC No. 18 and No. 23 publications. Calculated scour depths will be reporter to the Bridge Design Lead with recommendation that the bridge foundations will be designed to withstand the 100 -yr scour with all appropriate safety factors. In addition, bridge foundations will be designed to assure that the bridge will not fail during predicted scour from the 500 -yr event. Abutme t and bank scour countermeasures will be sized to protect the abutment slopes and channel banks a ainst potential scour. It is anticipated that the countermeasures will be constructed of riprap. Page2of4 Roadside Drainage Design: Design roadside drainage for the proposed roadway modifications. Analysis under this task will consist of sizing of the required ditches and cross culverts for hydraulic capacity and determining any erosion control measures required such as riprap or check structures. Horizontal and vertical alignment of the ditches is includes in the roadway design task. H &H Studies Report: Develop a draft and final Drainage Report following CDOT guidelines to document the hydrology and hydraulic analyses. The Drainage Report will be finalized after FIR but the work is included in this scope. Environmental Documentation and Permitting Categorical Exclusion Determination: CDOT Region 3 will prepare and submit a Categorical Exclusion Determination (CDOT Form 128) including studies and support documentation as required. The AMEC Team will assist CDOT Region 3 by providing the studies and permit support indentified below. Wetland Finding and Mitigation Report: The AMEC Team will prepare a wetland delineation and prepare Wetland Finding Report including information on wetland mitigation or banking. Army Corps of Engineers 404 Permitting: The AMEC Team will prepare 404 permit documentation for submittal to U.S. Army Corps of Engineers. Hazardous Waste: The AMEC Team will perform a Modified Environmental Site Assessment (MESA) in support of the Categorical Exclusion Determination. As part of the MESA the AMEC Team will test the bituminous bridge deck for the presence of asbestos and the bridge paint for the presence of lead. See Attachment S3 for additional details. Colorado Discharge Permit System (CDPS): Prepare a CDPS permit. Geotechnical Investigation and Analysis Provide geotechnical borings, site investigations, analysis, geotechnical design support and a Geotechnical Report. See Attachment S1 for additional details. Survey, Mapping and Right - of - way Plans Provide research, field survey, mapping and right - of - way plans. See Attachment S2 for additional details. Right of Way Acquisition Services Subconsultant Transportation Resource Services will provide input and attend meetings as required to assist the team with right of way issues. The major part of right -of -way acquisition will take place in future phases. Public Involvement AMEC shall develop a simple public involvement program to keep the public informed and to collect and address public comments. Public involvement may include: • Public meetings (Assume one public meeting during this phase.) • Individual meetings with immediately adjacent landowners • Correspondence with landowners • Press releases Quantities and Cost Estimate Develop FIR and FOR level quantities and cost estimates. Quality Assurance Perform quality assurance and cross disciplinary reviews for all AMEC and subconsultant work. Quality control checking is included within the technical work tasks. Page 3 of 4 Major deliverables included in this scope of work • Overall project plan and project schedule • I Drainage Report • I Geotechnical Report • I Structural Selection Report • FIR plans • FIR level cost estimate • Support for the Categorical Exclusion Determination which will be prepared by CDOT • Modified Environmental Site Assessment (MESA) Report including asbestos and lead testing results • I Wetland Finding Report • 1404 permit • CDPS permit • I ROW plans • FOR plans • Final estimate • I Final plans and technical specifications • Field engineers package Future work not included in this scope • Bid phase services • BROW acquisitions support • ROW monumentation • Construction support I . ' Page4of4 ATTACHMENT L1 Yeh and Associates, Inc. Consultant Engineers & Scientists June 20, 2011 Proposal No. G211029 Revised June 27, 2011 Don Connors, PE Transportation Sector Leader AMEC Earth & Environmental 2000 S. Colorado Blvd., Suite 2 -1000 Denver, CO 80222 Re: Geotechnical Scope of Work for Burns Bridge Replacement, Bridge EAG- 301 -23.5 , Eagle County, Colorado Dear Mr. Connors: This letter presents Yeh and Associates, Inc. proposed scope of work and estimated project costs for the above referenced services. We understand this task order will be broken in to the following tasks: TASK ORDER SCOPE OF WORK: 1) Geotechnical Investigation a) Drill Test Borings i) Drill four test holes — one for each proposed bridge abutments and two from the existing bridge deck for center piers. Borings will be advanced to obtain subsurface geological and geotechnical information. The borings are anticipated to range from 20 to 80 feet in depth. It is assumed coring methods will be utilized to achieve depth. ii) Soil samples will be collected by standard penetration tests. Selected soil samples will be tested to determine classification, moisture, density, resistance values, pH, and sulfates. iii) Bedrock, rock core will be collected and placed in core boxes and evaluated for rock quality, rock type, weathering, joint spacing, percent recovery, and hardness. All borings will be logged by a geologist or geotechnical engineer and recorded on a field- boring log. iv) Rock core will be digitally photographed in the core box. 2) Draft Geotechnical Report a) Based on the borings and laboratory testing a Draft Geotechnical Investigation Report will be issued for review. The Draft Geotechnical Investigation Report will include the following: i) Summary of bore holes logs ii) Summary of laboratory testing iii) Retaining Wall foundation recommendations associated with the bridge abutments. iv) Shallow foundation recommendations if applicable v) Deep foundation recommendations for piles and /or drilled shafts. (1) We included limited hours for a preliminary WEAP analysis for driven piles vi) Soil corrosive properties vii) Submit FIR special provisions and engineering geology sheets 5700 East Evans Avenue. Denver. CO 80222 1525 Blake Avenue. Glenwood Springs, CO 81601. 570 Turner Drive. Suite 1). Durango, CO 81303 Yeh and Associates, Inc. Page 2 of 2 3) Plans a) Engineering Geology sheets and details will be submitted for the draft set of project plans. Plan sheets will be submitted electronically to AMEC in Microstation format or other format as requested. b) Yeh and Associates, Inc will review Project Plans for the draft and final sets as requested and provide comments for constructability and conformance with the design assumptions. 4) Filial Geotechnical Report a) Based on the review comments received and input from the Design Team, a Final Geotechnical Report will be provided. b) Submit FOR/Final engineering geology sheets 5) M etings a) We assumed Yeh and Associates, Inc personnel will need to attend up to 2 Meetings in Eagle County during the course of the project. 6) E)CLUSIONS a) Preparation of all Special Provisions. b) Global and external stability analyses for retaining walls. TASK ORDER FEE: See AtIached Cost Sheet Sincere y, YEH D ASSOCIATES, INC. Richar D. Johnson, PE w /cost iitlus fixed fee attachment cc: Yeh File G211029 5700 East Evans Aven.ue. Denver. CO 80222 1525 Blake Avenue. Glenwood Springs. CO 81601 570 Turner Drive. Suite D. Durango. CO 81303 ATTACHMENT uu MARCIN ENGINEERING LLC June 29, 2011 John M. Broadus, PE AMEC 2000 S. Colorado Blvd, Suite 2 -1000 Denver, CO 80222 RE: Eagle County Burns Bridge Improvements Project Dear John: We are pleased to present the following Scope of Services for Professional Land Surveying Services for the Eagle County Burns Bridge Improvements Project located in Burns, Colorado. The following is a summary of the Professional Services Marcin Engineering proposes to provide. Scope of Work General All work shall conform to CDOT and Eagle County standards for this federally funded project. A) Existing Conditions Survey and Mapping Step 1: Research and Information Collection Gather all the pertinent Deeds, Easements and Bureau of Land Management documents that Eagle County has to provide. This would be any BLM Section, and Tract Corner notes, plats, exhibits, deeds and plats for adjoiners to the proposed bridge location. Kelly Miller- Eagle County Surveyor has much of this information which would need to be copied for our use with a copy fee by the County. Order Title commitments for the Nottingham and Bearden parcels. Purchase from Union Pacific Railroad, their Right of Way Maps. The County has provided us with a rough base map at this point. It is unlikely that we need to perform additional research for the BLM documents in the Denver BLM Main Office. If it is required it will be an additional service. CDOT specifications requires the project be tied to NAD 83 and NAVD 88 datum. Per Kelly Miller, their Base Map is tied to this datum already but additional research and checks of the USGS monuments used and datum will be necessary. No GPS Static Network will be necessary because the Eagle County's Base Map control was already established by this method. Step 2: Office Preparation for Mapping and Field Work to be Performed Prepare a Base map of all the deeds and plats pertinent to the project. This will aid our field surveyors in their search for all the boundary evidence needed to produce the Existing Conditions Map and Right of Way Plan. Order appropriate CDOT Type 2 monuments and Carsonite Markers to be used for the Control of the entire project per CDOT specifications. Review Title commitments and include any pertinent infornation on the Existing Conditions Map. Call for Utility Locates within the project area. Using FEMA's online mapping determine the flood plain PO Box 1062, Avon Colorado 81620 (970) 748 -0274 fo the project area. Coordination with land owners, utility companies and utility locators is in luded as part of this work. UPRR's Non- intrusive Survey Permit is also included. St p 3: : Control and Boundary. Evidence Location Se two Type 2 Control monuments and then from one of these monuments, begin locating, using G S Surveying Equipment, all boundary evidence that will be shown on the "CDOT like Control Sh et ". All National Geodetic monuments, BLM monuments, Tract corners, Property corners, an any Railroad Right of Way comers will need to be located from one of these monuments. All co ers will need to be diagramed, noted and any accessories for the Section or Tract corners lo ted as well. If no accessories are found, three accessories per BLM monument found, will be set and a Monument Record will need to be submitted to the Bureau of Land Management. If no Ra lroad monuments are found, the Railroad track location will need to be located through our pr 'ect to determine the Railroad Right of Way. It is unlikely that any Railroad monuments exist. i St 4: Existing Conditions Field Survey Loate all utilities marked by contracted Locators, locate wetland flags if any, and any other visible utilities, roads, existing bridge platform and abutments, and any other features within the pr ect limits to help aid in the design process. Due to the possible inaccuracies of the Lidar tec nology, perform additional topographic surveying to supplement and check the Lidar top graphy provided by Eagle County. Obtain all survey and topographic information not alr ady available on mapping for the bridge and roadway design. River cross sections were pre iously completed by both Eagle County and Marcin Engineering and will be included on the mapping. Ste 5: Boundary Analysis and Existing Conditions Mapping • • Do nload all field information and review. Begin preparing an Existing Conditions Map shoving any additional topography, utilities, roads, fences, edge of river, grade breaks, apparent wet ands, ditches etc. Include all boundary evidence, easements, and property lines per the inf ation collected in step A1. Evaluate boundary evidence found and compare with the pla ed and deeded boundary. Show the differences if any between the two, on the Existing Conditions Map and Right of Way Plans. Perform in house staff review. Finalize the Existing Conditions Map and expedite to all. B) zht of Wav Plans Ste 1: Prepare a Right of Way Plan Set Af the FIR plans are complete (about 30% design) begin preparing a Right of Way Plan draft co rming with all CDOT requirements which will show a proposed Right of Way and all pert ent boundary information gathered from step A3. Begin preparing a Survey Control Sheet draf . Produce a draft to be reviewed by CDOT or Eagle County. Perform in house staff review. PO Box 1062, Avon Colorado 81620 (970) 748 -0274 i Step 2: Attend Right of Way Plan Review Meeting Discuss the Right of Way Plan draft and any revisions or additions at this time. Step 3: Right of Way Plan Revisions Revise the Right of Way Plans and Control Sheet drafts per any comments or changes from the Review Meeting. Perform in house staff review. Resubmit for additional review. If significant changes are requested at this point it will be an additional service. Compensation Work not specifically described in this proposal will be considered an Additional Service and you will be billed based on our then current hourly rates after Marcin Engineering notifies you and receives prior written approval of such additional services. Unforeseen conditions, revisions, and changes in scope will be considered Additional Service. Sincerely, MARCIN ENGINEERING LLC di ei Randall P. Kipp, PLS PO Box 1062, Avon Colorado 81620 (970) 748 -0274 ATTACHMENT LL Yeh and Associates, Inc. Consulting Engineers & Scientists June 29, 2011 Don Connors, PE Trans ortation Sector Leader AME Earth & Environmental 2000 . Colorado Blvd., Suite 2 -1000 Deny , CO 80222 Re: Modified Environmental Site Assessment (MESA) Scope of Work for Burns Bridge Replacement, Bridge EAG- 301 -23.5 , Eagle County, Colorado Dear iV#r. Connors: As req ested, we have prepared this proposal to perform a Modified Environmental Site Asses ent for the proposed Burns Bridge replacement project near Burns, Colorado. This letter summ. rizes our proposed scope of services. The sc Ipe of our investigation is to identify, to the extent feasible pursuant to the processes descri s ed herein, recognized environmental conditions in connection with the property. Our investi _ation will follow the guidelines of the ASTM Standards Relating to Environmental Site Chara• erization, 2nd Edition and the Colorado Department of Transportation (CDOT) guideli es for a Modified Environmental Site Assessment (MESA). In general, the scope of servic•. includes: 1. Review of readily available historic land use documentation. 2. Analysis of relevant published information. 3. Review of the Environmental Data Resources, Inc. (EDR) report that documents their database search of available government records within the identified search area. . Review of existing site conditions. 5. Obtain samples and test for the presence of Lead Based Paint and Asbestos. . Samples will be tested at an independent testing laboratory. . Interview current landowner. Recor Review easonably ascertainable and publicly available records will be searched within a one- mile ra ius of the subject property. This will include utilizing a third party to conduct an availab environmental records search. Additional records that may be available will be review if practical and within a reasonable time and cost. In addition, past uses of the property will be valuated with standard historical sources that will include aerial photographs and topogra hic maps. Records obtained will be reviewed to help identify recognized environmental conditi ns in connection with the property. 5700 East Evans Avenue, Denver, CO 80222 1525 Blake Avenue, Glenwood Springs, CO 81601 570 Turner Drive, Suite D, Durango, CO 81303 EXHIBIT B Eagle County Bridge EAG- 301 -23.5 Replacement Project Prepared for Ben Gertus, PE, Eagle County Prepared by AMEC 19-Jul-11 Fee Summary Tasks. Fee Comments Task 1 Project Management $ 26,636 Task 2 Meetings $ 18,512 Task 3 Roadway $ 35,384 Task 4 Bridge $ 22,210 Task 5 Hydrology and Hydraulics $ 19,417 Task 6 Environmental $ - Task 7 Utilities $ 2,239 Task 8 Public Involvement _ $ 3,347 Task 9 Quantities and Cost Estimate $ 3,024 Total AMEC Labor Cost $ 130,769 Fixed Fee (10 %) $ 13,077 Direct Expenses $ 1,440 Subconsultants Marcin $ 21,066 Survey (See Attachments S2 and F2) LONCO $ 86,849 Bridge Design (See Attachments F1 and F1A) _ Yeh (Geotechnical) $ 36,755 Geotechnical (Attachments S1, F3 and F3A) Yeh (Haz. Mat.) — $ 3,544 Haz. Mat. (See Attachments S3, F6) Lengel _ $ - Appraisals (not included in this phase) Transportation Resource Services _ $ 3,000 ROW Acquisition Services (See Attachment F4) PKM Design Group $ 10,246 Wetlands Delineation and Permitting (See Attachment F5) Total Subconsultants $ 161,460 Total Estimated Cost $ 306,746 • • i Burns Br Project Modified�Environmental Site Assessment Site reconnaissance We will conduct on -site reconnaissance to visually and physically observe the property and al structures associated with it. Our reconnaissance will be conducted to obtain information indica 'ng the likelihood of identifying recognized environmental conditions that may exist in conne4tion with the property. This observation will focus on physical structures, land uses and conditions, and geologic, hydrogeologic and topographic conditions. The objective will be to identify, if possible and present, hazardous substances and products in connection with identified uses. Samp$ng All sampling, handling of samples and chain of custody procedures will follow the • AST Standards Relating to Environmental Site Characterization. Sampling will be done to . both e tablish and sample areas with recognized environmental conditions. In general, sampling will bej conducted every 50 linear feet. Where recognized environmental conditions exist, the spacin* of the sampling will increase. The number of sampling locations for recognized enviro>mental conditions will vary depending on the condition. Testi4 of Samples An independent certified laboratory will conduct testing of the samples obtained during the sited investigation. Report Our investigation will be summarized in a written report as outlined by ASTM E 1527. This w 11 include documentation of all findings, opinions and conclusions of the Modified Enviro mental Site Assessment. The final report will be signed by an Environmental Professional and Professional Geologist. Our fe0 for the investigation, testing and written report will be in accordance with the attached cost prposal We anticipate the written report can be issued within two weeks of notice to proceed. If you have any questions regarding the above, please do not hesitate to contact me. Sincereky, YEH AND ASSOCIATES, INC. t• Richar D. Andrew, P.G. Vice Pr sident Proposal No. 2011 -P034 Page2of2 Eagle County Bridge EAG -301 -23.5 Replacement Project Subconsultants Sub Cost Mark Up Marked Up Sub Cost Marcin $ 21,066.00 1.00 $ 21,066.00 LONCO $ 86,849.00 1.00 $ 86,849.00 Yeh (Geotechnical) $ 36,755.37 1.00 $ 36,755.37 Yeh (Haz. Mat.) $ 3,543.89 1.00 $ 3,543.89 Lengel $ - 1.00 $ - Transportation Resource Services $ 3,000.00 1.00 $ 3,000.00 PKM Design Group $ 10,246.00 1.00 $ 10,246.00 Eagle Coun Bridge EAG -301 -23.5 Replacement Project Labor Rates Labor Categ Direct Rate Multiplier Loaded Rate Principal Ii $ 80.00 2.65 $ 212.00 Sr PM 1 $ 66.20 2.65 $ 175.43_ Senior Engineer $ 53.55 2.65 _ $ 141.91 Engineer $ 39.42 2.65 $ 104.46 EIT $ 25.48 2.65 $ 67.52 Sr Tech $ - 2.65 $ - Tech $ 21.26 2.65 $ 56.34 Admin $ 24.04 2.65 $ 63.71 blank $ - blank $ - blank $ • I I II I it Eagle County Bridge EAG -301 -23.5 Replacement Project Direct Expenses D.E. Items D.E.Cost D.E. Mark -Up Marked -Up D.E.Cost Outside printing at actual cost $ 300.00 1.00 $ 300.00 Mileage at current federal rate (8 trips x 260 miles x $0.50 /mile) $ 1,040.00 1.00 $ 1,040.00 Overnight Mail $ 100.00 1.00 $ 100.00 $ - - $ $ - $ $ - $ $ $ _ — — — $ $ — $ $ $ - $ $ - $ - - $ $ - $ $ - Total Direct Expenses $ 1,440.00 EO l- - v l- cp � . O N O O N O) O O) (O C) J M N V N N O E9 .EA EA 69 69 69 69 69 E9 69 EA EA E9 E9 E9 E9 E9 69 69 EA ff3 09 E9 09 69 69 E9 E9 E9 E9 E9 E9 69 69 69 E9 E9 E9 O Y C m 4 � � 0 Y � � E9 E9 O Y i i _N I2 � fA I C (7 O I I E9 E9 O U c E w m c c ug a` m�- a c � U °) w W I� yp a°'i C W k 011111111111111111111111111111111 I� co co m °v co o 1 r � Q E9 Ep (0 O O O 0) 1 N _ N 0. a d N C 0 m l!J m c ca a o U O O O N o U U N N N N U a = J N N 2 13 Q O O D Loon_ co0 O M N O M O M c0 N � O 9 EA E9 ffl fA fA EA EA fA fA EA (fl fA Efl (fl fA EA EA fA EA fA EA fA EA fA EA EA fA E9 (A fA fA EA Efl fA fA fH ffl e _ O Y � � 0 (fl Eq O C l6 o O C l0 0 EA U3 w E u R = a � Q � N 11101111111 miss es W m w - a w O N LV O) l/) C �O M O lb N W O ((++�� „ V M a ti v 0 0 0 m 0 a N C N d N Y W � � N � N N 7 ! C N C p a°'i E � E c m y E � d „.E v E o U 2 = 0 p i 9 c L S , i i . . . , , , , , M C ^ '0 . . . , , , , , , , , , co co Tr co J (0 r N N To CO O 7 CO EA 69 (9 69 69 69 69 (fl 69 69 (fl (fl 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 (19 69 (fl 69 (9 69 69 (9 (9 (9 0 Y ' ' C Lo (9 (9 0 Y C a) .0 69 (9 I O I I 69 69 0 C h 0 Q (A 69 V L O CO 0 6. N If 1* a H aa) EA e3 d o ai L c 0 N @ M c N v p a1 f (A 9 M 1L' 1 0 N LO W m CD to 'O ta O O 0 04 CV 1:: R V (0 ,c) 0 CO C N V' I 7 N 0 co p c O 16 U c d W ( � s9 69 111 0 ( O O 0 8 0 0 CO M V V N LLi V d h (6 I 69 � O O 0 N • (A t3 W as co a O . a a) o . 0 m > U s a m O N Q n u a .c m .2 C N N C o n- m 2 d o Q m) 0 . g o E o " a r e s 3 3 E mo o ` U ti m Z _ U c a as o a 0 ° i U O as y • L t N L J C ow a) O E d •a) Q. W . CO O- > a) p O 3 a) - p ; a) O a) V) 'O U @ . a p t= CO H 0 d U Y a a 5 0] d 0 0 0 u Q o o m o F- J J H O n N 0 U3 E9 EA E9 E9 E9 f9 f9 t9 d3 E9 f9 <9 09 V3 H3 E9 E9 E9 E9 E9 E9 e9 f9 E9 U3 E9 f9 E9 E9 E9 U3 E9 EA (9 EA f9 E9 O C (0 E9 f9 O C (0 EA (9 Y C f0 Q O v mom siiisposi 11111111k PINE m m o co INF O C � V m G1 W V3 H3 O _ N O) O N d) O) (n C f9 E9 � � V in T f f9 O ° m ° a N C N 33 f9 r 0 C to U U N N � N — N O 0 O N O � U m a o a Q � O J y E o ,1 _° o U 07 o a a w Ci o N (73 V m N n L N N r O r r r r r r r r r r r r r r r r J c co 0.) r r r r r r N O 0 f9 E9 E9 E9 E9 f9 69 6`3 69 69 69 69 E9 U3 69 69 69 f9 E9 69 V3 E9 f9 69 f9 f9 69 E9 E9 69 N E9 69 M -E9 f9 EA E9 O C I L 69 O C r lD 9 E/9 E9 O 1 11 IY ' 0 e9 e3 O U a` I� c I d a � � L 0.' T H = 11� N O I � I I O 'O T F N (0 co co. C V N 3 _C O d L l m co v. c0 (O N C � (p 69 69 m � O n 69 69 O O O r � N 69 (9 CI Q C j e = Ili W U C N O C flJ N odd ii 5 n m 15 (it J O Y ' ' l6 (fl (q C EA (p W IC I O a` iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINI E L o a- N c � C Q � 111 F 111 y W m ` T O � 7 C O U rn W W f Of y3 � W O � I C C � (O c a � (1) O O m o O- N C N a EA y3 (A y (0 1) U v (n W N O ME EINE 110 A Q O U N a U , p z o o m o (0 O co EA EA EA EA EA EA EA EA EA EA EA Efl 69 69 EA EA EA EA EA EA EA EA EA H3 EA EA E999 EA EA EA EA 69 69 EA EA EA EA O Y • ' C R M EA EA O ' ' R 69e3 O R 2 EA . O n E E Mo a I � � U � I E u g. d d' {IRyf y N M n ( Y W F d IIIIIIIIIIIIIIIIIIIIIIIII 111111 1111111 9 T = C sit, ° V F C _N l m� EA EA W I O _ G m W 69 69 CO CO M M V O V - h EA EA 0 i O �- N N EA EA CY CI_ 2 o 7 U L R cr W � c Two o U n a E 2 3 (� `J° ° o o m o F J J F- i O M N N N V J � � O � ffl EA to EA EA EA EA EA EA EA N3 EA EA (fl fA Efl EA EA efl cfl fA EA EA EA EA 69 EA fA EA EA EA EA EA EA Efl di EA ({� ' c c m 0 c c m V3 � 1111111111111111111 1111010111161111111111111 O U a` F E � C a a o . C a m` ~ o a a w rn a m � N V 7 0 O EA fp O O �p O U- N C N N a 111 1110110111111 11111111 C 0 � - 3 a a c a m E 0 � m a 9 E a E L N N • = J N 0 0 Q c U F J J H O N O N N N J (6 O f9 E9 69 f9 E9 E9 f9 E9 f9 f9 f9 69 f9 E9 E9 fA <9 E9 E9 69 69 E9 f9 to E9 f9 EA f9 E9 E9 EA (9 f9 (A E9 f9 E9 69 Y i � m I � EA 69 C f9 EA O C I _m 111 111 11 IIIIIIIIIIIIIIIIII 1111111 111111 111 11 111111111111111111 1111111 C_ a Q O I v a` I� a } m L y W N N U lA a W c w w m • � C m 3 ~ N O C U 2 qq W • } w d ui c W V V V O oo Q � n r f9 EA O O 0 . 1i N m N 'N O O _ m w W o U . � m in C J Q U O U 1 • o o m a m U U U L L 0 ATTACHMENT FL MARCIN ENGINEERING LLC June 29, 2011 Eagle County Burns Bridge Improvements Project Fee Schedule A) Existing Conditions Survey and Mapping Step 1: Research and Information Collection PLS hourly Rate: $130 per hour 25 hours @ $130 per hour= $3,250 Step 2: Office Preparation for Mapping and Field Work to be Performed PLS hourly Rate: $130 per hour 25 hours @ $130 per hour= $3,250 Step 3: : Control and Boundary Evidence Location 2 Man Field Crew hourly Rate: $139 per hour 20 hours @ $139 per hour= $2,780 Step 4: Existing Conditions Field Survey 2 Man Field Crew hourly Rate: $139 per hour 24 hours @ $139 per hour= $3,336 Step 5: Boundary Analysis and Existing Conditions Mapping PLS hourly Rate: $130 per hour 24 hours @ $130 per hour= $3,120 Total for A1-A5= $15,736 B) Right of Way Plans Step 1: Prepare a Right of Way Plan Set PLS hourly Rate: $130 per hour 35 hours @ $130 per hour= $4,550 Step 2: Attend Right of Way Plan Review Meeting PLS hourly Rate: $130 per hour 3 hours @ $130 per hour= $390 Step 3: Right of Way Plan Revisions PLS hourly Rate: $130 per hour 3 hours @ $130 per hour = $390 Total for B1- B3= $5,330 Total Not to Exceed = $21,066 PO Box 1062, Avon Colorado 81620 (970) 748 -0274 ATTACHMENT FL PROJECT COST WORKSHEET (COST PLUS FIXED FEE) Projec Number: Burns Bridge Replacement Locati n: Burns, Colorado Firm N me: Yeh and Associates, Inc. Name f Preparer: Richard D. Johnson Firm phone No: (970) 384 -1500 Scope f Work Date: June 27, 2011 Type o Proposal: COST PLUS FIXED FEE Contract Time: 1A. L OR RATES EMPL YEE EMPLOYEE DIRECT SALARY INDIRECT MULTIPLIER LABOR RATE NAME CLASSIFICATION COST /HOUR COST ( %) $ /HOUR (a) (b) (c) (d) Aichiouene, Mustapha Lab Technician $ 17.25 156.55% 2.57 $ 44.25 Andre , Richard Principal Scientist $ 54.81 156.55% 2.57 $ 140.62 Arndt, enjamin Project Manager $ 40.62 156.55% 2.57 $ 104.21 Arndt, ulie Field Technician $ 20.50 156.55% 2.57 $ 52.59 Assay, eith Staff Engineer $ 25.50 156.55% 2.57 $ 65.42 Bekker Lev Sr. Technician $ 25.25 156.55% 2.57 $ 64.78 Benne , William Field Technician $ 18.00 156.55% 2.57 $ 46.18 Canon4, Arthur Staff Engineer $ 25.50 156.55% 2.57 $ 65.42 Chen, I Ping Staff Engineer $ 18.25 156.55% 2.57 $ 46,82 Chene Randy Field Supervisor $ . 27.25 • 156.55% 2.57 $ 69.91 Florez, iguel Project Scientist $ 30.00 156.55% 2.57 $ 76.97 Francis Brian Staff Engineer $ 20.77 156.55% 2.57 $ 53.29 Janini, ob Field Technician $ 20.00 156.55% 2.57 $ 51.31 Johnso , Brian Field Technician $ 19.00 156.55% 2.57 $ 48.74 Kenne• , , Kevin Jr. Lab Intern $ 13.50 156.55% 2.57 $ 34.63 LaForc =, Robert Sr. Materials Manager $ 44.00 156.55% 2.57 $ 112.88 Macklin Paul Sr, Project Manager $ 48.46 156.55% 2.57 $ 124.32 McKay, ara Staff Engineer $ 20.19 156.55% 2.57 $ 51.80 Medve• . George Field Technician $ 18.00 156.55% 2.57 $ 46.18 Norris, ark Technician $ 19,00 156.55% 2.57 $ 48.74 Rodrigu -z, Leo Field Technician $ 23.00 156.55% 2.57 $ 59.01 Sabatin Mark Inspector $ - 26.00 156.55% 2.57 $ 66.70 Schlitte hart, Todd Project Engineer $ 29.42 156.55% 2.57 $ 75.48 Smith, -e Sr. Technician $ 25.50 156.55% 2.57 $ 65.42 . Strickla d, Jere Project Manager $ 46.15 156.55% 2.57 $ 118.40 Yeh, Shan -Tai Principal Engineer $ 66.35 156.55% 2,57 $ 170.22 Yu, Sa Project Engineer $ 31.50 156.55% 2.57 $ 80.81 1B. LABOR COSTS LABOR RATE EST. NO. ESTIMATED COST EMPLO EE EMPLOYEE $ /Hour OF WORK PER EMPLOYEE NAME CLASSIFICATION d from 1A HOURS Aichiou :ne, Mustapha Lab Technician $ 44.25 40 $1,770.20 Andrew Richard Principal Scientist $ 140.62 8 $1,124.92 Johnso , Richard Project Manager $ 104.21 40 $4,168.42 Arndt, J lie Field Technician $ 52.59 $0.00 Asay, K ith Project Engineer $ 65.42 80 $5,233.62 Bekker, ev Sr. Technician $ 64.78 $0.00 Bennett, William Field Technician' $ 46.18 $0.00 White, !via Staff Engineer /Sr. Tech $ 65.42 40 $2,616.81 Chen, I - "ing Staff Engineer $ 46.82 $0.00 Cheney, Randy Field Supervisor $ 69.91 $0.00 Florez, iguel Project Scientist $ 76.97 $0.00 Francis, Irian Staff Engineer $ 53.29 $0.00 Janini, B •b Field Technician $ 51.31 $0.00 Johnson Brian Field Technician $ 48.74 $0.00 Kennedy Kevin Jr. Lab Intern $ 34.63 $0.00 . LaForce, Robert Sr. Materials Manager $ 112.88 $0.00 Macklin, •au1 Sr. Project Manager $ 124.32 $0.00 McKay, • ara Staff Engineer $ 51.80 $0.00 Medved, eorge Field Technician $ 46.18 $0.00 Walz, Mi e Technician $ 48.74 40 $1,949.78 Rodrigu - - , Leo Field Technician $ 59.01 $0.00 Sabatini, ark Inspector $ 66.70 $0.00 Schlitten art, Todd Project Engineer $ 75.48 $0.00 Smith, L.- Sr. Technician $ 65.42 $0.00 Stricklan• , Jere Project Manager $ 118.40 $0.00 Yeh, Sha -Tai Principal Engineer $ 170.22 0 $0.00 Yu, Sam Project En•ineer $ 80.81 4.0.00 TOTAL LABOR $16,863.75 2. FEE ( JO %X Section 1 B.) FIXED FEE $1,686.37 Page 1 Yeh and Assoclate4 Inc. Confidential 7/1/2011 2007 -P197 3A. OTHER DIRECT COSTS (In- house): ITEM ESTIMATED UNIT UNITS ESTIMATED UNITS RATE COST Vehicle Mileage 550 $0.555 $305.25 SUBTOTAL $305.25 2B. OTHER DIRECT COSTS (Outside): ITEM ESTIMATED UNIT UNITS ESTIMATED UNITS RATE COST Postage, Express Mail, Project related. For major mailings only. At actual, allowable reasonable cost and as approved by Curriers CDOT Project Manager in advance. (Must be verified with receipts.) Major Reproduction Project related. At actual, allowable reasonable cost and as approved by CDOT Project Manager in advance. (Must be verified with receipts.) Meals Actual reasonable cost verified with receipts, or per diem may be paid up to a maximum of $25.00 per day without receipts subject to state fiscal rules. Lodging Lodging shall be reimbursed at actual reasonable cost using rates set forth in the state fiscal rules, and must be approved in advance by CDOT Project Manager, and verified with receipts. Miscellaneous Project related. At actual, reasonable cost, and as approved by CDOT Project Manager in-advance. $200.00• Parking/Tolls Minimal Project - related parking charges will be allowed. At actual, allowable reasonable cost and as approved by CDOT Project Manager in advance. (Must be verified with receipts.) SUBTOTAL $200.00 ODC TOTAL $505.25 3A. OUTSIDE SERVICES RATES (SUBCONSULTANTS): FIRM NAME ESTIMATED COST SUBTOTAL $0.00 3B. OUTSIDE SERVICES RATES (VENDORS): FIRM NAME ESTIMATED COST Drilling supplies Actual cost subject to CO State regulations and with prior approval of CDOT project manager $14,700.00 Traffic Control Actual cost subject to CO State regulations and with prior approval of CDOT project manager $3,000.00 Laboratory testing Actual cost subject to CO State regulations and with prior approval of CDOT project manager $0.00 SUBTOTAL $17,700.00 OSR TOTAL $17,700.00 TOTAL ESTIMATED COST $36,755.37 I am a representative of Yeh and Associates, Inc., duly authorized to contractually bind the firm. My signature below constitutes formal agreement (without further signature) to a Task Order, which is issued by the State pursuant to the terms of this Task Order Proposal, without substantive change. I also declare that to the best of my knowledge the wage rates and other factual unit rates supporting the compensation to be paid by the Department for the professional services on this document are accurate, complete, and current at the time of contracting, and include no unallowable or duplicate costs. Richard D. Johnson Project Manager (SIGNATURE) June 27, 2011 (DATE SIGNED) Page 2 Yeh - and Associates, Inc. Confidential 7/1/2011 2007 -P197 1 ATTACHMENT FAA Precision Sampling, Inc. i V```'hf ar ci r Al 2165 Janitell Road, #101 . - ,:xi , h : Colorado Springs, CO 80906 Telephone: 719 -633 -5790 Fax: 719 -633 -5810 COST ESTIMATE Client Informatiof : Job Information: Company: Yeh & Associates Estimate Date: 5/9/2011 Client: Keith Asay Precision Estimate #: COS - 2011 -97 Address: 1525 Blake Avenue Site Name: Bums Bridge City, State, ZIP: 1 Glenwood Springs, CO 81601 Site Location: Bums, CO Telephone: 970- 384 -1500 Payment Terms: Net 45 Email: 1.. n -c , <= "_ 1 PROPOSED SCOPE OF WORK Four Borings to (8 - 120') Using NO Rock Coring Two Borings on .B dge Deck With Traffic Control and Night Work Sampling Suppli • Precision to Bring Split Spoon Barrel; No Liners; Core Boxes Water Source: O ite with Trash Pump Boring Abandonm nt: Drill Cuttings Decontamination equired: No ITEM QTY UNIT PRICE ESTIMATE MOBE/DEMOBE/ •AD 1 EACH $ 2,000.00 $ 2,000.00 DAILY TRAVEL ( • TEL TO JOBSITE AND BACK IF 30 MINUTES /DAY OR MORE) HOURS $ 135.00 $ - PER DIEM (TWO AN CREW) DAYS $ 220.00 $ - TRUCK RIG - N • Q CORING /SITE ACTIVITIES 57 HOURS $ 165.00 $ 9,405.00 TRACK RIG - NO 0 CORING /SITE ACTIVITIES HOURS $ 215.00 $ - CORE BIT CHAR e E 400 FEET $ 3.00 $ 1,200.00 CORE BOXES 40 EACH $ 15.00 $ 600.00 NIGHT WORK SU- 'CHARGE 57 HOURS $ 40.00 $ 2,280.00 ULM SUPPORT/WATE• TRUCK 6 DAYS $ 150.00 $ 900.00 TRASH PUMP WI H 100' HOSE (IF REQUIRED) 6 DAY $ 75.00 $ 450.00 BRIDGE MECHAN CAL RUBBER PLUG AND SURFACE PATCH FOR ABANDONMENT 2 EACH $ 75.00 $ 150.00 5% BENTONITE•G' OUT (IF REQUIRED) FEET $ 7.50 $ - STANDBY - TRUC RIG HOURS $ 150.00 $ - ESTIMATE TOTAL $ 16,985.00 Dl OTOODEID ASSUMPTIONS; 1 STANDBY INCL DES: SITE WALK, SAFETY MEETINGS, STUCK EQUIPMENT, WEATHER DELAYS, EQUIPMENT, WAITING ON PERMITS OR CLIENT DECISIONS. 2 SITE ACTIVITIE INCLUDE: DRILLING, WINTERIZING, SETUP, HOLE MOVES, TEAR DOWN, LAYING AND MAINTENANCE OF WATER LINES, WATER DELAYS, DRILL CAVES, CONDITIONING OLE, LOST CIRCULATION, GREASING. RODS, RETRIEVING STEEL, DRILLING OR RETRIEIVING CASING, CLEAN UP, DRUM HANDLING, ETC. 3 PRECISION IS T RESPONSIBLE FOR OBTAINING PERMITS OR CLEARING UTILITIES OR DAMAGES. 4 BID ASSUMES T JOB SITE IS SUITABLE FOR THE SPECIFIED DRILLING SYSTEM. BORINGS WILL BE DRILLED TO TD OR REFUSAL. COSTS WILL INCREASE IF ALTERNATIVE RILLING TECHNIQUES ARE REQUIRED TO REACH TD IN BORINGS 5 ALL LOCATION ARE ACCESSIBLE TO DRILL AND SUPPORT EQUIPMENT. IF AN EXCAVATOR IS REQUIRED TO ACCESS BORINGS, IT SHALL BE AT THE CLIENT'S EXPENSE. 8 EXCESSIVE BIT EAR, DAMAGED OR LOST TOOLING THROUGH NO FAULT OF PRECISION SHALL BE CHARGED TO CLIENT. 7 PRECISION S L BRING AN ADDITIONAL 10% OF TOOLING AND MATERIALS. IF ADDITIONAL. SUPPLIES ARE REQUIRED, ADDITIONAL FEES WILL BE CHARGED. 8 DUE TO DOT CI MPLIANCE: MAXIMUM WORK DAY 14 HOURS INCLUDING LOADING AND TRAVEL TIME. MAXIMUM DRIVING TIME 11 HOURS, IF CREW CANNOT RETURN TO SHOP WITH 14 HOURS, PER DIEM WILL BE CHARGED AT $120 PER MAN/DAY. 9 IF TRAFFIC CO ROL IS REQUIRED. THE CLIENT SHALL MAKE THE ARRANGEMENTS. 10 A WATER SOU -, E SHALL BE PROVIDED AT NO COST TO PRECISION. 11 PRECISION SA -LING IS NOT RESPONSIBLE FOR 7HE LOCATION OF THE BORING DAMAGE TO UNDERGROUND UTILITIES DUE TO THE PLACEMENT OF THE BORING BY THE CLIENT. 12 OUR BUDGET F 1 R FUEL IS BASED AT CURRENT MARKET RATE OF $4.00 /GALLON. A FUEL SURCHARGE WILL BE ADDED TO TAKE INTO ACCOUNT ANY INCREASES IN FUEL PRICES A OVE THE CURRENT MARKET RATE. 13 THIS COST EST ' TE IS VALID FOR (80) DAYS FROM DATE ABOVE. If you have any que lions regarding this cost estimate, please call me at (719) 633 -5790. PRECISION SAMPLING, INC. --- r Sheri Meiklejohn 1 Regional Manager i ATTACHMENT F4 FEE SCHEDULE RIGHT OF WAY ACQUISITION SERVICES EAGLE COUNTY ROAD 301- BURNS BRIDGE MM23.5 FIRM: TRANSPORTATION RESOURCE SERVICES, INC. ADDRESS: 5585 ERINDALE DRIVE, SUITE 100 CITY, STATE, ZIP: COLORADO SPRINGS, CO 80918 POSITION HOURLY RATE PRINCIPAL /PROJECT MANAGER $ 125.00 SR. RIGHT OF WAY AGENT $ 95.00 RIGHT OF WAY AGENT $ 85.00 ADMINISTRATIVE $ 50.00 EXPENSES UNIT /RATE MILEAGE @ CDOT RATE (90% of IRS) $0.46 /mi PER DIEM @ IRS CONUS RATE PER MONTH ATTACHMENT FL I Environmen al Process Scope and Estimate Proposal 28 Jun - 11 Eagle Burns Bridge Prepared by KM Design Group, Inc. For AMEC TASK 1: WE AND DETERMINATION AND MITIGATION Resource Hours Hrly Rate Subtotal 1. Identify wet nds including a wetland delineation and report for submittal C.Schrader 48 $90.00 $4,320.00 to the US Arm Corps of Engineers. P.Miers 8 $112.00 $896.00 2. Prepare a C OT Wetland Finding Report for submittal to CDOT Region 3. P. Foster 16 $60.00 $960.00 Includes Wetlnd Mitigation information on Banking /Plan Review. SUBTOTAL = $6,176.00 TASK 2: PRE ARE AND SUBMIT 404 PERMITTING 1. Prepare 404 Permit for submittal to U.S. Army Corps of Engineers C.Schrader 20 $90.00 $1,800.00 SUBTOTAL = $1,800.00 TASK 3: PRO ECT MEETINGS 1. Attend kick ff and field review meeting with client. C.Schrader 20 $90.00 $1,800.00 2. Attend progr ss and agency review meetings. SUBTOTAL = $1,800.00 SUBTOTAL PKM LABOR COSTS = $9,776.00 Mileage @ $.50 /mile - 700 $350.00 Color Copies (8 1/2x11") @ 1.00 /each $30.00 B &W Copies (11x17") @ .20 /each $40.00 B &W Copies (811/2x11 ") @.1 /each $20.00 Miscellaneous 4upplies $30.00 Total Other Direct Costs: $470.00 TOTAL ESTIMATE FOR PKM = $10,246.00 I II i ATTACHMENT FL PROJECT COST WORKSHEET (COST PLUS FIXED FEE) Project Number: Burns Bridge Replacement, MESA Location: Burns, Colorado Firm Name: Yeh and Associates, Inc. Name of Preparer: Richard D. Andrew Firm phone No: (970) 384 -1500 Scope of Work Date: June 27, 2011 Type of Proposal: COST PLUS FIXED FEE Contract Time: 1A. LABOR RATES EMPLOYEE EMPLOYEE DIRECT SALARY INDIRECT MULTIPLIER LABOR RATE NAME CLASSIFICATION COST /HOUR COST ( %) $ /HOUR (a) (b) (c) (d) Aichiouene, Mustapha Lab Technician • $ 17.25 156.55% 2.57 $ 44.25 Andrew, Richard Principal Scientist $ 54.81 156.55% 2.57 $ 140.62 Arndt, Benjamin Project Manager $ 40.62 156.55% 2.57 $ 104.21 Arndt, Julie Field Technician $ 20.50 156.55% 2.57 $ 52.59 Assay, Keith Staff Engineer $ 25.50 156.55% 2.57 $ 65.42 Bekker, Lev Sr. Technician $ 25.25 156.55% 2.57 $ 64.78 Bennett, William Field Technician $ 18.00 156.55% 2.57 $ 46.18 Canono, Arthur Staff Engineer $ 25.50 156.55% 2.57 $ 65.42 Chen, I -Ping Staff Engineer $ 18.25 156.55% 2.57 $ 46.82 Cheney, Randy Field Supervisor $ 27.25 156.55% 2.57 $ 69.91 Florez, Miguel Project Scientist $ 30.00 156.55% 2.57 $ 76.97 Francis, Brian Staff Engineer $ 20.77 156.55% 2.57 $ 53.29 Janini, Bob Field Technician $ 20.00 156.55% 2.57 $ 51.31 Johnson, Brian Field Technician $ 19.00 156.55% 2.57 $ 48.74 Kennedy, Kevin Jr. Lab Intern $ 13.50 156.55% 2.57 $ 34.63 LaForce, Robert Sr. Materials Manager $ 44.00 156.55% 2.57 $ 112.88 Macklin, Paul Sr. Project Manager $ 48.46 156.55% 2.57 $ 124.32 McKay, Sara Staff Engineer $ 20.19 156.55% 2.57 $ 51.80 Medved, George Field Technician $ 18.00 156.55% 2.57 $ 46.18 Norris, Mark Technician $ 19.00 156.55% 2.57 $ 48.74 Rodriguez, Leo Field Technician $ 23.00 156.55% 2.57 $ 59.01 Sabatini, Mark Inspector $ 26.00 156.55% 2.57 $ 66.70 Schlittenhart, Todd Project Engineer $ 29.42 156.55% 2.57 $ 75.48 Smith, Lee Sr. Technician $ 25.50 156.55% 2.57 $ 65.42 Strickland, Jere Project Manager $ 46.15 156.55% 2.57 $ 118.40 Yeh, Shan -Tai Principal Engineer $ 66.35 156.55% 2.57 $ 170.22 Yu, Sam Project Engineer $ 31.50 156.55% 2.57 $ 80.81 1 B. LABOR COSTS LABOR RATE EST NO. ESTIMATED COST EMPLOYEE EMPLOYEE $ /Hour OF WORK PER EMPLOYEE NAME CLASSIFICATION ((d) from 1A) HOURS Aichiouene, Mustapha Lab Technician $ 44.25 $0.00 Andrew, Richard Principal Scientist $ 140,62 2 $281.23 Johnson, Richard Project Manager $ 104.21 $0.00 Arndt, Julie. Field Technician $ 52.59 $0.00 Asay, Keith Project Engineer $ 65.42 $0.00 Bekker, Lev Sr. Technician $ 64.78 $0.00 Bennett, William Field Technician $ 46.18 $0.00 White, Sylvia Staff Engineer /Sr. Tech $ 65.42 $0.00 Chen, I -Ping Staff Engineer $ 46.82 $0.00 Cheney, Randy Field Supervisor $ 69.91 $0.00 Florez, Miguel Project Scientist $ 76.97 $0.00 Francis, Brian Staff Engineer $ 53.29 $0.00 Janini, Bob Field Technician $ 51.31 $0.00 Johnson, Brian Field Technician $ 48.74 $0.00 Kennedy, Kevin Jr. Lab Intern $ 34.63 $0.00 LaForce, Robert Sr. Materials Manager $ 112,88 $0.00 Macklin, Paul Sr. Project Manager $ 124.32 $0.00 McKay, Sara Staff Engineer $ 51.80 $0.00 Medved, George Field Technician $ 46.18 $0.00 Walz, Mike Technician $ 48.74 $0.00 Rodriguez, Leo Field Technician $ 59.01 $0.00 Sabatini, Mark Inspector $ 66.70 $0.00 Schlittenhart, Todd Project Engineer $ 75.48 32 $2,415.26 Smith, Lee Sr, Technician $ 65.42 $0.00 Strickland, Jere Project Manager $ 118,40 $0.00 Yeh, Shan -Tai Principal Engineer $ 170.22 $0.00 ' Yu, Sam Project Engineer $ 80.81 0.00 TOTAL LABOR $2,696.49 2. FEE (10 % X Section 1 B.) FIXED FEE $269.65 Page 1 Yeh and Associates, Inc. Confidential 7/1/2011 2007 -P197 3A. OHER DIRECT COSTS (In- house): ITEM ESTIMATED UNIT UNITS ESTIMATED UNITS RATE COST Vehicl/ Mileage 50 $0.555 $27.75 SUBTOTAL $27.75 2B. O}FIER DIRECT COSTS (Outside): ITEM ESTIMATED UNIT UNITS ESTIMATED UNITS RATE COST Posta4, Express Mail, Project related. For major mailings only. At actual, allowable reasonable cost and as approved by Currier Project Manager in advance. (Must be verified with receipts.) Major Reproduction Project related. At actual, allowable reasonable cost and as approved by Project Manager in advance. (Must be verified with receipts.) Meals Actual reasonable cost verified with receipts subject to state fiscal rules, Lodginli Lodging shall be reimbursed at actual reasonable cost using rates set forth in the state fiscal rules, and must be approved in advance by Project Manager, and verified with receipts. Miscell neous Project related. At actual, reasonable cost, and as approved by Project Manager in advance. Parkin'Tolls Minimal Project- related parking charges will be allowed. At actual, allowable reasonable cost and as approved by Project Manager in advance. (Must be verified with receipts.) SUBTOTAL $0.00 ODC TOTAL $27,75 3A. OUTSIDE SERVICES RATES (SUBCONSULTANTS): FIRM *ME ESTIMATED COST SUBTOTAL $0.00 3B. OUTSIDE SERVICES RATES (VENDORS): FIRM NAME - ESTIMATED COST Envirnmental Data Report Actual cost subject to CO State regulations and with prior approval of project manager $350.00 Laboratory testing Actual cost subject to CO State regulations and with prior approval of project manager $200.00 SUBTOTAL $550.00 OSR TOTAL $550.00 TOTAL ESTIMATED COST $3,543.89 I 1 am a epresentative of Yeh and Associates, Inc., duly authorized to contractually bind the firm. My signature below constitutes formal agreement (witho t further signature) to a Task Order, which is issued by the State pursuant to the terms of this Task Order Proposal, without substantive chang . I also declare that to the best of my knowledge the wage rates and other factual unit rates supporting the compensation to be paid by the Depart ent for the professional services on this document are accurate, complete, and current at the time of contracting, and include no unallo able or duplicate costs. . Richard D. Andrew Project Manager (SIGNATURE) June 29, 2011 (DATE SIGNED) . Yeh and Associate , Inc. Confidential 7/1/2011 Page 2 2007 -P197 I 1 ATTACHMENT F1 County Road 301 over Colorado River Bridge Replacement 1 a - c ) L \c Eagle • g I County J � 7/19/2011 Hourly Rate Position Employee $170.37 Principal In Charge (PIC) Steven C. Banks $139.30 Project Manager (PM) Daniel Bechtold $121.69 Project Engineer (PE) Mark McDonald $87.33 Design Engineer (DE) Sally Doles $103.94 CAD Drafter (CAD) $49.66 Clerical Task I Hours by Employee I Expenses I Total 1 PIC PM PE DE CAD Clerical) PRELIMINARY DESIGN (FTR) Project Kick -Off Meeting 0 8 0 0 0 0 $0.00 $1,114.40 Coordinate with Geotechnical Engineer 0 4 0 0 0 0 $0.00 $557.20 Coordinate Roadway Alternatives 0 12 0 8 0 0 $0.00 $2,370.24 Establish Design Criteria 0 4 0 0 0 0 $0.00 $557.20 Progress Meetings (2) 0 16 0 0 0 0 $0.00 $2,228.80 Three Span Alternate Analysis 0 28 - 0 48 0 0 $0.00 $8,092.24 General Layout of Preferred Alternate 0 12 0 8 16 0 $0.00 $4,033.28 Write Structure Type Selection Report 0 32 0 8 0 4 $0.00 $5,354.88 Internal Quality Control 4 0 8 0 0 0 $0.00 $1,655.00 Preliminary Submittal 0 4 0 0 0 4 $0.00 $755.84 Preliminary Design (FIR) Meeting 0 8 0 0 0 0 $0.00 $1,114.40 Preliminary Design Hours 4 128 8 72 16 8 $.00 $27,833.48 Subtotal - Preliminary Design $ FINAI. DESIGN (FOR) Review Scour Requirements 0 4 0 0 0 0 $0.00 8557.20 Final Bridge Design & Plans General Notes /Bid Quantities 0 2 0 2 4 0 $0.00 $869.02 General Layout 0 8 0 4 8 0 $0.00 $2,295.24 Construction and Foundation Plan 0 4 0 8 8 0 $0.00 $2,087.36 Engineering Geology 0 4 0 2 8 0 $0.00 $1,563.38 Abutment 1 Plan and Details 0 8 0 12 8 0 $0.00 $2,993.88 Abutment 4 Plan and Details 0 8 0 12 8 0 $0.00 $2,993.88 Pier 2 Plan and Details 0 8 0 12 8 0 $0.00 $2,993.88 Pier 3 Plan and Details 0 8 0 12 8 0 $0.00 $2,993.88 Wingwall andMisc. Details 0 8 0 12 8 0 $0.00 $2,993.88 Framing Plan and Elevation 0 4 0 16 8 0 $0.00 $2,786.00 Girder Details - I 0 12 0 20 8 0 $0.00 $4,249.72 Girder Details - 2 0 4 0 0 8 0 $0.00 $1,388.72 Superstructure Details - I 0 12 0 16 8 0 $0.00 $3,900.40 Superstructure Details - 2 0 12 0 16 8 0 $0.00 $3,900.40 Bridge Rail Details 0 2 0 8 8 0 $0.00 $1,808.76 Approach Slab Details 0 2 0 4 4 0 $0.00 $1,043.68 Approach Guardrail Details 0 2 0 4 4 0 $0.00 $1,043.68 Construction Impacts Assistance 0 8 0 0 0 0 $0.00 $1,114.40 Specifications 0 12 0 12 0 0 $0.00 $2,719.56 Progress Meeting (1) 0 8 0 0 0 0 $0.00 $1,114.40 Final Quantities 0 4 0 4 0 0 $0.00 $906.52 Internal Quality Control 4 0 0 0 0 0 $0.00 $681.48 Final Design Submittal 0 2 0 2 0 2 $0.00 $552.58 Final Design Meeting (FOR) 0 8 0 0 0 0 $0.00 $1,114.40 Final Design Hours 4 154 0 178 124 2 $.00 $50,666.30 Subtotal Final Design $ Total Hours 8 282 8 250 140 10 0 $ 78,499.78 Total Design Phase $ Total hours = 698 Fee (10 %) $ 7,849.98 Direct Costs $ 500.00 • Total $ 86,849.76 2011 -7 -19 f )onto revised fee F1.xls Page 1 ATTACHMENT RA Exhibit B PROJECT COST WORKSHEET (COST PLUS FIXED FEE) Project Number: Eagle County - Burns Bridge Replacement Page 1 of 4 Location: Burns, CO Firm Name: 1 LONCO, Inc. Firm phone no. 303 - 620 -0098 Name of Prepay r: Steven Banks Scope of Work date: 6/27/2011 Contract Time: Type of proposal: Cost Plus Fixed Fee 1A. LABOR RATES EMPLOYEE EMPLOYEE DIRECT SALARY INDIRECT LABOR RATE NAME CLASSIFICATION RATE /HOUR COST ( %) $ /HOUR (a) (b) (c) Gillfillan, Megan Clerical $ $18.30 171.38 $ 49.66 Ksiazek, Carol Clerical $ $20.16 171.38 $ 54.71 Hall, Deborah S. Clerical $ $25.85 171.38 $ 70.15 (sales, Neil T. Engineer $ $20.82 171.38 $ 56.50 Wainwright, All son Engineer $ $32.18 171.38 $ 87.33 Vaicik, Stephe Engineer $ $32.11 171.38 $ 87.14 Turanov, Serg ry Engineer $ $30.59 171.38 $ 83.02 Rogers, Jason Engineer $ $33.17 171.38 $ 90.02 Doles, Sally Senior Engineer $ $32.18 171.38 $ 87.33 Patel, Mamta Senior Engineer $ $32.11 171.38 $ 87.14 Alcon, Adelio C. Engineer Technician $ $14.78 171.38 $ 40.11 Brown, Andy Engineer Technician $ $18.17 171.38 $ 49.31 Gorse, Robert ,.. Senior Engr Technician $ $38.30 171.38 $ 103.94 Krell, Dave A. Project Engineer $ $40.30 171.38 $ 109.37 McDonald, Mar J. Project Engineer $ $44.84 171.38 $ 121.69 Malanyaon, Ro erick A. Project Engineer $ $43.96 171.38 $ 119.30 Dietrick, Willia A. Project Engineer $ $47.13 171.38 $ 127.90 Yanku, Mike Y. Senior Project Engineer $ $50.28 171.38 $ 136.45 Bechtold, Dani I J. Senior Project Engineer $ $51.33 171.38 $ 139.30 Mystkowski, W It Senior Project Engineer $ $56.58 171.38 $ 153.55 Illes, Joseph P. Senior Project Manager $ $56.89 171.38 $ 154.39 Hamouz, Mark . Senior Project Manager $ $59.85 171.38 $ 162.42 Epp, William H. Senior Project Manager $ $62.05 171.38 $ 168.39 Banks, Steven C. Senior Project Manager $ $62.78 171.38 $ 170.37 . Labor Rate (c) = a x (b +1) • PROJECT COST WORKSHEET (COST PLUS FIXED FEE) Exhibit B Page 2 of 4 1B. LABOR COSTS EMPLOYEE EMPLOYEE LABOR RATE Est. No. Estimated Cost NAME CLASSIFICATION $ /HOUR of Work Per Employee (from 1A.) Hours (e) (f) Gillfillan, Megan Clerical $ 49.66 10 $ $496.63 Ksiazek, Carol Clerical $ 54.71 $ Hall, Deborah S. Clerical $ 70.15 $ (sales, Neil T. Engineer $ 56.50 $ Wainwright, Allison Engineer $ 87.33 $ Vaicik, Stephen Engineer $ 87.14 $ Turanov, Sergery Engineer $ 83.02 $ Rogers, Jason Engineer $ 90.02 $ Doles, Sally Senior Engineer $ 87.33 250 $ $21,832.52 Patel, Mamta Senior Engineer $ 87.14 $ Alcon, Adelio C. Engineer Technician $ 40.11 $ Brown, Andy Engineer Technician $ 49.31 $ Gorse, Robert J. Senior Engr Technician $ 103.94 140 $ $14,551.40 Krell, Dave A. Project Engineer $ 109.37 $ McDonald, Mark J. Project Engineer $ 121.69 8 $ $973.49 Malanyaon, Roderick A. Project Engineer $ 119.30 $ I Dietrick, William A. Project Engineer $ 127.90 $ Yanku, Mike Y. Senior Project Engineer $ 136.45 $ Bechtold, Daniel J. Senior Project Engineer $ 139.30 282 $ $39,282.42 Mystkowski, Walt Senior Project Engineer $ 153.55 $ Illes, Joseph P. Senior Project Manager $ 154.39 $ Hamouz, Mark A. Senior Project Manager $ 162.42 $ Epp, William H. Senior Project Manager $ 168.39 $ Banks, Steven C. Senior Project Manager $ 170.37 8 $ $1,362.98 Total LONCO Labor = $ $78,499.43 2. FEE ( 10.0% x Section 1B ) FIXED FEE= $ $7,849.94 I I I I I PROJECT COST WORKSHEET (COST PLUS FIXED FEE) Exhibit B Page 3 of 4 3A. OTHER DORECT COSTS ( In- house ) IN -HOUSE ITEM ESTIMATED UNIT ESTIMATED UNITS RATE COST Postage 1 $ 150.00 $150.00 Misc. 1 $350.00 $ 350.00 Subtotal = $500.00 3B. OTHER DRECT COSTS ( Outside ) ITEM ESTIMATED UNIT ESTIMATED UNITS RATE COST • Subtotal = $0.00 ODC TOTAL = $500.00 4A. OUTSIDE SERVICES (SUBCONSULTANTS ): ESTIMATED COST . Subtotal = $0.00 . 4B. OUTSIDE ERVICES ( VENDORS ): . ESTIMATED COST Subtotal = $0.00 TOTAL TASK RDER NO. 1 ESTIMATED COST $86,849.38 [EXHIBITCJ (FMLAWRK) Rev July 1, 2009 PROJECT BRO C440-006 (17445) Burns Bridge Routing # 10 HA3 02516 REGION 3/(DAW) ID # 331000280 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Inter- Governmental Agreement (tGA) with. EAGLE COUNTY TABLE OF CONTENTS 1. PARTIES 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. 2 3. RECITALS 2 4. DEFINITIONS 2 5. TERM and EARLY TERMINATION. 2 6. SCOPE OF WORK 3 7. OPTION LETTER MODIFICATION 3 8. PAYMENTS.. 7 8 10 9. ACCOUNTING 10. REPORTING - NOTIFICATION 11. LOCAL AGENCY RECORDS 11 1 12. CONFIDENTIAL INFORMATION -STATE RECORDS 12 13. CONFLICT OF INTEREST 12 14. REPRESENTATIONS AND WARRANTIES 12 . 15. INSURANCE 13 16. DEFAULT- BREACH 14 17. REMEDIES 15 18. NOTICES and REPRESENTATIVES 17 19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 17 20. GOVERNMENTAL IMMUNITY 17 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM 18 22. FEDERAL REQUIREMENTS 18 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 18 24. DISPUTES 18 25. GENERAL PROVISIONS 19 26. COLORADO SPECIAL PROVISIONS 22 27. SIGNATURE PAGE 24 28, EXHIBIT A - SCOPE OF WORK 1 29. EXHIBIT B - LOCAL AGENCY RESOLUTION 1 30. EXHIBIT C - FUNDING PROVISIONS 1 31. EXHIBIT D - OPTION LETTER 1 32. EXHIBIT E - LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST 1 r 33. EXHIBIT F - CERTIFICATION FOR FEDERAL -AID CONTRACTS 1 .. 34. EXHIBIT G - DISADVANTAGED BUSINESS ENTERPRISE 35. EXHIBIT H - LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES 1 36. EXHIBIT I - FEDERAL -AID CONTRACT PROVISIONS 1 i 1 37, EXHIBIT J - FEDERAL REQUIREMENTS 1 1 1 i ■ i 1. PAR ES THIS GREEMENT is entered into by and between, the STATE OF COLORADO acting by and throu h the Department of Transportation (hereinafter called the "State" or "COOT ") and Eagle County (herei after called the "Local Agency "). 2. EFFE TIVE DATE AND NOTICE OF NONLIABILITY. This greement shall not be effective or enforceable until it is approved and signed by the Colorado • State Controller or their designee (hereinafter called the "Effective Date "). The State shall not be liable to pay or reimburse the Local Agency for any performance hereunder, including, but not limited to costs •r expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITWLS A. Authority, Appropriation, And Approval Authority exists In the law and funds have been budgeted, appropriated and otherwise made vailable and a sufficient unencumbered balance thereof remains available for payment and the r quired approval, clearance and coordination have been accomplished from and with - appropriate agencies. f. Federal Authority Pursuant to Title I, Subtitle A, Section 1108 of the "Transportation Equity Act for the 21' Century" of 1998 (TEA -21) and /or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA -LU) of 2005 and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title. 23 of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the "Federal Provisions "), certain federal funds have been and are expected to continue to be allocated for transportation projects requested by the Local Agency and eligible under the Surface Transportation Improvement Program that has been proposed by the State and approved by the Federal Highway Administration (''FHWA "). i`. State Authority Pursuant to CRS. §43 -1 -223 and to applicable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration of federal funds for a Program project performed by a Local Agency under a contract with the State. This Agreement is executed under the authority of CRS § §29 -1 -203, 43 -1 -110; 43 -1 -116, 43- 2- 101(4)(c) and 43-2-14. B. C• nsideratlon Th- Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Pu pose Th - purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to C I •T's Stewardship Agreement with the FHWA for the ROW, Design & Construction of the Bu ns Bridge Project BRO C440 -006 (17445) referred to as the Project or the Work per the Sca'pe of Work contained in Exhibit A form 463 . D. Re - rences All eferences in this Agreement to sections (whether spelled out or using the § symbol), sue- ections, exhibits or other attachments, are references to sections, subsections, exhibits or oth. r attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITI ° NS The folio ing terms as used herein shall be construed and interpreted as follows: A. Agreement or Contract "Ag - ernent" or "Contract" means this Agreement, its terms and conditions, attached exhibits, doci ments incorporated by reference under the terms of this Agreement, and any future m.. "fying agreements, exhibits, attachments or references that are incorporated pursuant to Colr•ado State Fiscal Rules and Policies. Page 2of24 13. Agreement Funds • "Agreement Funds" means funds payable by the State to Local Agency pursuant to this Agreement, C. Budget "Budget" means the budget for the Work described in Exhibit C. D. Consultant and Contractor "Consultant" means a professional engineer or designer hired by Local Agency to design the Work and "Contractor" means the general construction contractor hired by Local Agency to • construct the Work. E. Evaluation "Evaluation" means the process of examining the Local Agency's Work and rating it based on criteria established in §6 and Exhibits A and E. F. Exhibits and Other Attachments The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work), Exhibit B (Resolution), Exhibit C (Funding Provisions), Exhibit D (Option Letter), Exhibit E (Checklist), Exhibit F (Certification for Federal -Aid Funds), Exhibit G (Disadvantaged Business Enterprise), Exhibit H (Local Agency Procedures),. Exhibit I (Federal. Aid Contract Provisions) and Exhibit J (Federal Requirements). G. Goods "Goods" means tangible material acquired, produced, or delivered by the Local Agency either separately or in conjunction with the Services the Local Agency renders hereunder. H. Oversight "Oversight" means the term as it is defined in the Stewardship Agreement between COOT and the Federal Highway Administration ( "FHWA ") and as it is defined in the Local Agency Manual. I. Party or Parties "Party" means the State or the Local Agency and "Parties" means both the State and the Local Agency J. Work Budget Work Budget means the budget described in Exhibit C. K. Services "Services" means the required services to be performed by the Local Agency pursuant to this Contract. L. Work "Work" means the tasks and activities the Local Agency is required to perform to fulfill its obligations under this Contract and Exhibits A and E, including the performance of the Services and delivery of the Goods. M. Work Product "Work Product" means the tangible or intangible results of the Local Agency's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM and EARLY TERMINATION. The Parties' respective performances under this Agreement shall commence on the Effective Date. This Agreement shall terminate after five (5) years of state controllers signature in section 27, unless sooner terminated or completed as demonstrated by final payment and final audit. 6. SCOPE OF WORK A. Completion The Local Agency shall complete the Work and other obligations as described herein in Exhibit A. Work performed prior to the Effective Date or after final acceptance shall not be considered part of the Work. • Page 3 of 24 IC I 1 B. oods and Services he Local Agency shall procure Goods and Services necessary to complete the Work. Such rocurement shalt be accomplished using the Contract Funds and shall not increase the aximum amount payable hereunder by the State. • C. E ployees 1 persons employed hereunder by the Local Agency, or any Consultants or Contractors shall . b considered the Local Agency's, Consultants' or Contractors' employee(s) for all purposes , a d shall not be employees of the State for any purpose. D. S ate and Local Agency Commitments . Design If the Work includes preliminary design or final design or design work sheets, or special provisions and estimates (collectively referred to as the "Plans "), the Local Agency shall comply with and be responsible for satisfying the following requirements: a) Perform or provide the Plans to the extent required by the nature of the Work. b) Prepare final design in accordance 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 the State. c) Prepare provisions and estimates in accordance with the most current version of the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by the State. 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 all other necessary documents. g) Be responsible for the Plans' accuracy and completeness. h) Make no further changes in the Plans following the award of the construction contract to Contractor unless agreed to in writing by the Parties. The Plans shall be considered final when approved in writing by CDOT and when final they shall be incorporated herein. ii. Local Agency Work • a) Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects ". b) Local Agency shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHWA requirements. • c) Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans and /or of construction administration. Provided, however, if federal -aid funds are involved in the cost of such Work to be done by such Consultant, such Consultant contract (and the performance /provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R. Part 172 and with any procedures implementing hose requirements as provided by the State, including those in Exhibit H. if the Local • gency enters into a contract with a Consultant for the Work: (1) Local Agency shall submit a certification that procurement of any Consultant contract complies with the requirements of 23 C.F.R. 172.5`(1) prior to entering into such Consultant contract, subject to the State's approval. If not approved by the State, the Local Agency shall not enter into such Consultant contract. (2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by the State and FHWA and that they are in writing. Immediately after the Consultant contract has been awarded, one copy of the executed Consultant contract and any amendments shall be submitted to the State. (3) Local Agency shall require that all billings under the Consultant contract comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. Page 4 of 24 (4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the CDOT procedures described in Exhibit H to administer the Consultant contract. • (5) Local Agency may expedite any CDOT approval of its procurement process and /or Consultant contract by submitting a letter to CDOT from the Local Agency's attorney /authorized representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d). (6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49 CFR 18.36(1) and contains the following language verbatim: (a) The design work under this Agreement shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design /construction of the project. The State is an intended third -party beneficiary of this agreement for that purpose. (b) Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. (c) The consultant shall review the Construction Contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work. d) The State, in its sole discretion, may review construction plans, special provisions and estimates and may require the Local Agency to make such changes therein as the State determines necessary to comply with State and FHWA requirements.. iii. Construction a) If the Work includes construction, the Local Agency shall perform the construction in accordance with the approved design plans and /or administer the construction in accordance with Exhibit E. Such administration shall include Work 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 Construction 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. b) If the Local Agency is performing the Work, the State may, after providing written notice of the reason for the suspension to the Local Agency, suspend the Work; wholly or in part, due to the failure of the Local Agency or its Contractor to correct conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. c) The Local Agency shall be responsible for the following: • (1) Appointing a qualified professional engineer, licensed in the State of Colorado, . as the Local Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall administer the Work in accordance with this Agreement, the requirements of the construction contract and applicable State procedures. (2) For the construction of the Work, advertising the call for bids upon approval by the State and awarding the construction contract(s) to the low responsible bidder(s). (a) All advertising and bid awards, pursuant to this agreement; by the Local Agency shall comply with applicable requirements of 23 U.S.C. §112 and 23 I Page 5 of 24 • • • C.F.R. Pads 633 and 635 and C.R.S. § 24 -92 -101 et seq. Those requirements include, without limitation, that the Local Agency and its Contractor shall incorporate Form 1273 (Exhibit 1) in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefor, as required by 23 C.F.R. 633.102(e). (b) The Local Agency may accept or reject the proposal of the apparent low • bidder for Work on which competitive bids have been received. The Local Agency must accept or reject such bid within three (3) working days after they are publicly opened. (c) As part of accepting bid awards, the Local Agency shall provide additional funds, subject to their availability and appropriation, necessary to complete the Work if no additional federal -aid funds are available. (3) The requirements of this §6(D)(iii)(c)(2) also apply to any advertising and awards made by the State. i (4) If all or part of the Work is to be accomplished by the Local Agency's personnel (Le. by force account) rather than by a competitive bidding process, the Local Agency shall perform such work in accordance with pertinent State specifications and requirements of 23 C.F.R. 635, Subpart B, Force Account Construction. (a) Such Work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 C.R.F. 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (b) An alternative to the preceeding subsection is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 C.F.R. Part 31. I (c) If the State provides matching funds under this Agreement, rental rates for publicly owned equipment shall be determined in accordance with the State's Standa Specifications for Road and Bridge Construction §109,04. (d) All Work being paid under force account shall have prior approval of the State and/or FHWA and shall not be initiated until the State has Issued a written notice to proceed. iv. tate's Commitme ) The State will perform a final project inspection of the Work as a quality ontrol /assurance activity. When all Work has been satisfactorily completed, the State will ign the FHWA Form 1212. ) Notwithstanding any consents or approvals given by the State for the Plans, the State hall not be liable or responsible in any manner for the structural design, details or onstruction of any major structures designed by, or that are the responsibility of, the Local gency as identified in the Local Agency Contract Administration.Checklist, Exhibit E, v. OW and AcquistionfRelocation If the Local Agency purchases a right of way for a State highway, including areas of i fluence, the Local Agency shall immediately convey title to such right of way to CDOT a ter the. Local Agency obtains title. b Any acquisition /relocation activities shall comply with all applicable federal and state s tutes and regulations, including but not limited to the Uniform Relocation Assistance and R al Property Acquisition Policies Act of 1970 as amended and the Uniform Relocation A sistance and Real Property Acquisition Policies for Federal and Federally Assisted P ograms as amended (49 C.F.R. Part 24), CDOT's Right of Way Manual, and CDOT's P licy and Procedural Directives. c) The Parties' respective compliance responsibilities depend on the level of federal p rticipation; provided however, that the State always retains Oversight responsibilities. Page 6 of 24 d) The Parties' respective responsibilities under each level in CDOT's Right of Way Manual (located at ii ttp: / /www.dolastatc.co.us/ROW Manual!) and reimbursement for the levels will be under the following categories: (1) Right of way acquisition (3119) for federal participation and non- participation; (2) Relocation activities, if applicable (3109); (3) Right of way incidentals, if applicable (expenses incidental to • acquisition /relocation of right of way — 3114). • vi. Utilities • If necessary, the Local Agency shall be responsible for obtaining the proper clearance or approval from any utility company which may become involved in the Work. Prior to the Work being advertised for bids, the Local Agency shall certify in writing to the State that all such clearances have been obtained. vii. Railroads If the Work involves modification of a railroad company's facilities and such modification will be accomplished by the railroad company, the Local Agency 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 Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal -aid projects involving railroad facilities and: a) Execute an agreement setting out what work is to be accomplished and the location(s) thereof, and which costs shall be eligible for federal participation. • b) Obtain the railroad's detailed estimate of the cost of the Work. c) Establish future maintenance responsibilities for the proposed installation. d) Proscribe future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. e) Establish future repair and /or replacement responsibilities in the event of accidental destruction or damage to the installation. • vllf. Environmental Obligations The Local Agency 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. ix. Maintenance Obligations The Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA, and the Local Agency shall provide for such maintenance and operations obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations pertaining to maintaining such improvements. The State and FHWA may make periodic inspections to verify that such improvements are being adequately maintained. 7. OPTION LETTER MODIFICATION Option Letters may be used to extend Agreement terms, 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 below. The Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate. Following are the applications for the individual options under the Option Letter form: A. Option 1- Level of service change within current term due to unexpected overmatch in an overbid situation only. 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 Overmatch dollars to be provided by the Local Agency to be added to the contract. Page7of24 ....■wr. • i his option is only applicable for Local Overmatch on an overbid situation and shall not be 1 tended for any other Local Overmatch funding. The State may unilaterally increase the total 'oilers of this contract as stipulated by the executed Option Letter (Exhibit D), which will bring t e maximum amount payable under this contract to the amount indicated in Exhibit C -1 a tached to the executed Option Letter (future changes to Exhibit C shall be labeled as C -2, C- 3 etc, as applicable). 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 A ency for "Concurrence to Advertise" as evidence of the Local Agency's Intent to award and it 11 also provide the additional amount required to exercise this option. If the State exercises this o tion, the contract will be considered to include this option provision. B. O tion 2 - Option to add overlapping phase without increasing contract dollars. T The State may require the Local Agency to begin a phase that may include Design, C nstruction, Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to A quisition /Relocation or Railroads) as detailed in Exhibit A and at the same terms and co ditions stated in the original contract with the contract dollars remaining the same. The State m y exercise this option by providing a fully executed option to the Local Agency within thirty (3 ) days before the initial targeted start date of the phase, in a form substantially equivalent to E ibit D. If the State exercises this option, the contract will be considered to include this option pr vision. C. Op ion 3 - To update funding (increases and /or decreases) with a new Exhibit C. Ths option can be used to increase and /or decrease the overall contract dollars (state, federal, loc I match, local agency overmatch) to date, by replacing the original funding exhibit (Exhibit C) n the Original Contract with an updated Exhibit C -1 (subsequent exhibits to Exhibit C -1 sh 11 be labeled C- 2,.0 -3, etc). The State may have a need to update changes to state, federal, ioc 1 match and local agency overmatch funds as outlined in Exhibit C -1, which will be attached to t e option form. The State may exercise this option by providing a fully executed option to the Lo i Agency within thirty (30) days after the State has received notice of funding changes, in a for substantially equivalent to Exhibit D. If the State exercises this option, the contract will be con idered to include this option provision. 8. PAYM NTS The State shall, in accordance with the provisions of this §8, pay the Local Agency in the amounts and using the methods set forth below: A. Max mum Amount The aximum amount payable is set forth in Exhibit C as determined by the State from avail: ble funds. Payments to the Local Agency are limited to the unpaid encumbered balance of the 1 ontract set forth in exhibit C. The Local Agency shall provide its match share of the costs as e idenced by an appropriate ordinance /resolution or other authority letter which expressly auth . rizes the Local Agency the authority to enter into this Agreement and to expend its match shar: of the Work. A copy of such ordinance /resolution or authority letter is attached hereto as Exhi ' it B. B. Pay - nt i. A. vance, Interim and Final Payments An, advance payment allowed under this Contract or in Exhibit C shall comply with State Fi- al Rules and be made in accordance with the provisions of this Contract or such Exhibit. Th - Local Agency shall initiate any payment requests by submitting invoices to the State in tilt form and manner, approved by the State. ii. in erest Th: State shall fully pay each invoice within 45 days of receipt there if the amount invoiced rep esents performance by the Local Agency previously accepted by the State. Page 8 of 24 • Uncontested amounts not paid by the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. The Local Agency shalt invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of days interest to be paid and the interest rate. iii. Available Funds- Contingency-Termination The State is prohibited by law from making commitments beyond the term of the State's current fiscal year. Therefore, the Local Agency's compensation beyond the State's current Fiscal Year is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions. The State's performance hereunder is also contingent upon the continuing availability of federal funds. Payments pursuant to this Contract shall be made only from available funds encumbered for this Contract and the State's liability for such payments shalt be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Contract, the State may terminate this Contract immediately, in whole or in part, without further liability in accordance with the provisions hereof. iv. Erroneous Payments At the State's sole discretion, payments made to the Local Agency in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by the Local Agency, may be recovered from the Local Agency by deduction from subsequent payments under this Contract or other contracts, Agreements or agreements between the State and the Local Agency or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any party other than the State. C. Use of Funds Contract Funds shall be used only for eligible costs identified herein. D. Matching Funds The Local Agency shall provide matching funds as provided in §8.A. and Exhibit C. The Local Agency shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. The Local Agency's obligation to pay all or any part of any matching funds, whether direct or contingent,, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of the Local Agency and paid into the Local Agency's treasury. The Local Agency represents to the State that the amount designated "Local Agency Matching Funds" in Exhibit C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid into its treasury. The Local Agency does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple- fiscal year debt of the Local Agency. The Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by the Local Agency's laws or policies. E, Reimbursement of Local Agency Costs The State shall reimburse the Local Agency's allowable costs, not exceeding the maximum total amount described in Exhibit C and §8. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the State's obligation to reimburse'al1 costs incurred by the Local Agency and submitted to the State for reimubursement hereunder, and the Local Agency shall comply with all such principles. The State shall reimburse the Local Agency for the federal -aid share of properly documented costs related to the Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit C. However, any costs incurred by the Local Agency prior to the date of FHWA authorization for the Work and prior to the Effective Date shall not be reimbursed absent specific FHWA and State'Controller approval thereof. Costs shall be: Page 9of i. Reasonable and Necessary Resonable and necessary to accomplish the Work and for the Goods and Services provided. 1. Net Cost Actual net cost to the Local Agency (i.e. the price paid minus any items of value received by the Local Agency that reduce the cost actually incurred); 9. ACC .UNTJNG The Local Agency shall establish and maintain accounting systems in accordance with generally accepte• accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme). Such accounting systems shall, at a minimum, provide as follows: A. Lo cal Agency Performing the Work if ocal Agency is performing the Work, all allowable costs, including any approved services co tributed by the Local Agency or others, shall be documented using in oices, contracts, vouchers, and other applicable records. payrolls, time records, 13. La al Agency - Checks or Draws C -cks issued or draws made by the Local Agency shall be made or drawn against properly si• ed vouchers detailing the purpose thereof. All checks, payrolls, invoices, contracts, vo chers, orders, and other accounting documents shall be on file in the office of the Local Ag :ncy ,clearly identified, readily accessible, and to the extent feasible, kept separate and apart fro all other Work documents. C. St- e- Administrative Services Th: State may perform any necessary administrative support services required hereunder. The Lo•.I Agency shall reimburse the State for the costs of any such services from the Budget as pro ided for in Exhibit C. If FHWA funding is not available or is withdrawn, or if the Local Agency terminates this Agreement prior to the Work being approved or completed, then all actual incurred costs of such services and assistance provided by the State shall be the Local ` Agency's sole expense. D. Loc :1 Agency - Invoices The Local Agency's invoices shall describe in detail the reimbursable costs incurred by the Loc•:1 Agency for which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and shall not be submitted more often than monthly. E. invo cing Within 80 Days The tate shall not be liable to reimburse the Local Agency for any costs unless CDOT receives suc invoices within 60 days after the date for which payment is requested, including final invoi ing. Final payment to the Local Agency may be withheld at the discretion of the State until com I letion of final audit. Any costs incurred by the Local Agency that are not allowable under 49 C F.R. 18 shall be reimbursed by the Local Agency, or the State may offset them against any pay . ents due from the State to the Local Agency. F. Rei • ursement of State Costs CDO shall perform Oversight and the Local Agency shall reimburse CDOT for its related costs. The ocal Agency shall pay invoices within 60 days after receipt thereof. If the Local Agency fails • remit payment within 60 days, at CDOT's request, the State Is authorized to withhold an equa amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to CDOT. Interim funds shall be payable from the State Highuyay Supplementary Fund (400) until CDOT is reimbursed. If the Local Agency fails to make payment within 60 days, it shall pay interest to the State at a rate of one percent per month on the d Iinquent amounts until the billing is paid in full. CDOT's invoices shall describe in detail the re mbursable costs incurred, the dates incurred and the amounts thereof, and shall not be subm fed more often than monthly. 10. REPOR ING - NOTIFICATION Reports, Ev luations, and Reviews requ under this §10 shall be in accordance with the procedures f and in such form as prescribed by the State and in accordance with §19, if applicable. . Page 10 of 24 A. Performance, Progress, Personnel, and Funds The Local Agency shall submit a report to the State upon expiration or sooner termination of this Agreement, containing an Evaluation and Review of the Local Agency's performance and the final status of the Local Agency's obligations hereunder. I3. Litigation Reporting Within 10 days after being served with any pleading related to this Agreement, in a legal action filed with a court or administrative agency, the Local Agency shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State or its principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. C. Noncompliance The Local Agency's failure to provide reports and notify the State in a timely manner in accordance with this §10 may result in the delay of payment of funds and /or termination as provided under this Agreement. D. Documents • Upon request by the State, the Local Agency shall provide the State, or its authorized representative, copies of all documents, including contracts and subcontracts in its possession related to the Work. 11. LOCAL AGENCY RECORDS A. Maintenance • The Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. The Local Agency shall maintain such records until the last to occur of the following: (i) a period of three years after the date this Agreement is completed or terminated, or (H) three years after final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or the Local Agency has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (collectively, the "Record Retention Period "). 13. Inspection The Local Agency shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and /or transcribe the Local Agency's records related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or to evaluate the Local Agency's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Agreement, including any extension. If the Work fails to conform to the requirements of this Agreement, the State may require the Local Agency promptly to bring the Work into conformity with Agreement requirements, at the Local Agency's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require the Local Agency to take necessary action to ensure that future performance conforms to Agreement requirements and may exercise the remedies available under this Agreement at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring The Local Agency also shall permit the State, the federal government or any other duly authorized agent of a governmental agency, in their sole discretion, to monitor all activities conducted by the Local Agency pursuant to the terms of this Agreement using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, formal audit examinations, or any other procedures. Ail such monitoring shall be performed in a manner that shall not unduly interfere with the Local Agency's performance hereunder. IC I Page 11 of 24 f D. inal Audit Report I an audit is performed on the Local Agency's records for any fiscal year covering a portion of t e term of this Agreement, the Local Agency shall submit a copy of the final audit report to the ate or its principal representative at the address specified herein. 12. CO FIDENTIAL INFORMATION -STATE RECORDS The Lo al Agency shall comply with the provisions of this §12 if it becomes privy to confidential informa ion in connection with its performance hereunder. Confidential information, includes, but is not nec ss rily limited to, state records, porsonnei records, and information concerning Individuals. • Nothing in this §12 shall he construed to require the Local Agency to violate the Colorado Open Record Act, C.R.S. §§ 24 -72 -1001 et seq. A. C4nfidentiatity Tne Local Agency shall keep all State records and information confidential at all times and to c ply with all laws and regulations concerning confidentiality of information. Any request or d and by a third party for State records and information in the possession of the Local Agency sh II be immediately forwarded to the State's principal representative. 13. N ification Th Local Agency shall notify its agents, employees and assigns who may come into contact wit State records and confidential information that each is subject to the confidentiality re uirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Us , Security, and Retention Co fidential information of any kind shall not be distributed or sold to any third party or used by the Local Agency or its agents in any way, except as authorized by the Agreement and as ap roved by the State. The Local Agency shall provide and maintain a secure environment that en ures confidentiality of all State records and other confidential information wherever located. Co fidential information shall not be retained in any files or otherwise by the Local Agency or its ag ts, except as set forth in this Agreement and approved by the State. D. Dis losure- Liability Dis losure of State records or other confidential information by the Local Agency for any reason ma be cause for legal action by third parties against the Local Agency, the State or their res ective agents. The Local Agency shall indemnify, save, and hold harmless the State, its em loyees and agents, against any and all claims, damages, liability and court awards including cost , expenses, and attorney fees and related costs, incurred as a result of any act or omission by t e Local Agency, or its employees, agents, or assignees pursuant to this §12. 13, CONFLICT OF INTEREST The Local Agency shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the Local Agency's obligations hereunder. The Local Agency acknowledges that with respect to this Agreement even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, the Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of the Local Agency's obligations to the State hereunder, If a conflict or appearance exists, or if the Local Agency is uncertain whether a conflict or the appearance of a conflic of interest exists, the Local Agency shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Agreement. 14. REPRESENTATIONS AND WARRANTIES The Local Agency makes the following specific representations and warranties, each of which was relied on by the State in entering into this Agreement. Page 12 of24 ....••■■=7.......mmommismommirravols■I■amermomminiamemom, A. Standard and Manner of Performance The Local Agency shall perform its obligations hereunder, including in accordance with the highest professional standard of care, skill and diligence and in the sequence and manner set forth in this Agreement. 13. Legal Authority — The Local Agency and the Local Agency's Signatory The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by -laws, and /or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement, or any part thereof, and to bind the Local Agency to its terms. If requested by the State, the Local Agency shall provide the State with proof of the Local Agency's authority to • enter into this Agreement within 15 days of receiving such request. C. Licenses, Permits, Etc. The Local Agency represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. The Local Agency warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Agreement, without reimbursement by the State or other adjustment in Agreement Funds. Additionally, all employees and agents of the Local Agency performing Services under this Agreement shall hold all required licenses or certifications, if any, to perform their • responsibilities. The Local Agency, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall • maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non - renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for the Local Agency to properly perform the terms of this Agreement shall be deemed to be a material breach by the Local Agency and constitute grounds for termination of this Agreement. 15. INSURANCE The Local Agency and its contractors shall obtain and maintain insurance as specified in this section at all times during the term of this Agreement: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the Local Agency and the State. A. The Local Agency i. Public Entities If the Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended (the "GIA "), then the Local Agency shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under the GIA. The Local Agency shall show proof of such insurance satisfactory to the State, if requested by the State. The Local Agency shall require each Agreement with their Consultant and Contractor, that are providing Goods or Services hereunder, to include the insurance requirements necessary to rneet'Consultant or Contractor liabilities under the GIA. il. Non - Public Entities If the Local Agency is not a "public entity" within the meaning of the Governmental Immunity Act, the Local Agency shall obtain and maintain during the term of this Agreement insurance coverage and policies meeting the same requirements set forth in §15(B) With respect to sub- contractors that are not "public entities ". B. Contractors The Local Agency shall require each contract with Contractors, Subcontractors, or Consultants, other than those that are public entities, providing Goods or Services in connection with this Agreement, to include insurance requirements substantially similar to the following: Page 13 of 24 • '. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of the Local Agency's Contractors, Subcontractors, or Consultant's employees acting within the course and scope of their employment. 1. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, contractors, subcontractors, and consultants shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Local Agency a certificate or other document satisfactory to the Local Agency showing compliance with this provision. W. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned a utos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional insured The Local Agency and the State shall be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured Coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of the Consultants or Contractors shall be primary over any insurance or .s elf- insurance program carried by the Local Agency or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non - renewal without at least 45 days prior notice to the Local Agency and the State by certified mail. vii Subrogation Waiver All insurance policies in any way related to this Agreement and secured and maintained by the Local Agency's Consultants or Contractors as required herein shall include clauses slating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against the Local Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. CertWicates The Local Agency and all Contractors, subcontractors, or Consultants shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effe ive Date of this Agreement. No later than 15 days prior to the expiration date of any such cove ge, the Local Agency and each contractor, subcontractor, or consultant shall deliver to the S ate or the Local Agency certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Agreement or any sub - contr ct, the Local Agency and each contractor, subcontractor, or consultant shall, within 10 days f such request, supply to the State evidence satisfactory to the State of compliance with the p visions of this §15. 16. DEFAU T- BREACH A. Defin d In ad ition to any breaches specified in other sections of this Agreement, the failure of either Party o perform any of its material obligations hereunder in whole or in part or in a timely or satisf ctory manner constitutes a breach. B. Notic and Cure Period In the vent of a breach, notice of such shall be given in writing by the aggrieved Party to the other arty in the manner provided in §18. Page 14 of 24 1 • If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be • completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §17. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 17. REMEDIES If the Local Agency is in breach under any provision of this Agreement, the State shall have all of the remedies listed in this §17 in addition to all other remedies set forth in other sections of this Agreement following the notice and cure period set forth in §16 (S). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and /or Breach If the Local Agency fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Agreement and in a timely manner, the State may notify the Local Agency of such non - performance in accordance with the provisions herein. If the Local Agency thereafter fails to promptly cure such non- performance within the cure period, the State, at its option, may terminate this. entire Agreement or such part of this Agreement as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. The Local Agency shall continue performance of this Agreement to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, the Local Agency shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and sub - Agreements with third parties. However, the Local Agency shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Agreement's terms. At the sole discretion of the State, the Local Agency shall assign to the State all of the Local Agency's right, title, and interest under such terminated orders or sub - Agreements. Upon termination, the Local Agency shall take timely, reasonable and necessary action to protect and preserve property in the possession of the Local Agency in which the State has an interest. All materials owned by the State in the possession of the Local Agency shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by the Local Agency to the State and shall become the State's property. H. Payments The State shall reimburse the Local Agency only for accepted performance received up to the date of termination. If, after termination by the State, it is determined that the Local Agency was not in default or that the Local Agency's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Agreement had been terminated in the public interest, as described herein. iii. Damages and Witholding Notwithstanding any other remedial action by the State, the Local Agency also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Agreement by the Local Agency and the State may withhold any payment to the Local Agency for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from the Local Agency is determined. The State may withhold any amount that may be due to the Local Agency as the State deems necessary to protect the State, including Toss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or Page 15 of 24 s The Local Agency shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. I3. E rly Termination in the Public Interest T e State is entering into this Agreement for the purpose of carrying out the public policy of the S te of Colorado, as determined by its Governor, General Assembly, and /or Courts. If this A reement ceases to further the public policy of the State, the State, in its sole discretion, may te minate this Agreement in whole or in part. Exercise by the State of this right shall not c stitute a breach of the State's obligations hereunder. This subsection shall not apply to a te ination of this Agreement by the State for cause or breach by the Local Agency, which shall be governed by §17(A) or as otherwise specifically provided for herein. fa Method and Content The State shall notify the Local Agency of the termination in accordance with §18, specifying the effective date of the termination and whether it affects all or a portion of this Agreement. ii Obligations and Rights pon receipt of a termination notice, the Local Agency shall be subject to and comply with he same obligations and rights set forth in §17(A)(1). ii . Payments f this Agreement is terminated by the State pursuant to this §17(B), the Local Agency shall •e paid an amount which bears the same ratio to the total reimbursement under this greement as the Services satisfactorily performed bear to the total Services covered by this greement, less payments previously made. Additionally, if this Agreement is less than 60% ompleted, the State may reimburse the Local Agency for a portion of actual out -of- pocket xpenses (not otherwise reimbursed under this Agreement) incurred by the Local Agency hich are directly attributable to the uncompleted portion of the Local Agency's obligations ereunder; provided that the sum of any and all reimbursement shall not exceed the aximum amount payable to the Local Agency hereunder. C. Re edies Not Involving Termination The State, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: I. ' uspend Performance spend the Local Agency's performance with respect to all or any portion of this Agreement p -nding necessary corrective action as specified by the State without entitling the Local ' •ency to an adjustment in price /cost or performance schedule. The Local Agency shall p omptly cease performance and incurring costs in accordance with the State's directive and t - State shall not be liable for costs incurred by the Local Agency after the suspension of p. rformance under this provision. ii. ithold Payment ' thhold payment to the Local Agency until corrections in the Local Agency's performance a - satisfactorily made and completed. iii. • eny Payment D ny payment for those obligations not performed that due to the Local Agency's actions or in. ctions cannot be performed or, if performed, would be of no value to the State; provided th•-t any denial of payment shall be reasonably related to the value to the State of the o• igations not performed. iv. ' emoval D:mand removal of any of the Local Agency's employees, agents, or contractors whom the St. te deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Agreement is deemed to be contrary to the public interest or no in the State's best interest. v. I effectual Property If t e Local Agency infringes on a patent, copyright, trademark, trade secret or other int: Ilectual property right while performing its obligations under this Agreement, the Local Ag ncy shall, at the State's option (a) obtain for the State or the Local Agency the right to • Page 16of24 mok • • use such products and services; (b) replace any Goods, Services, or other product involved with non - infringing products or modify them so that they become non-infringing; or, (c) if neither of the forgegoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 18. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to but not in lieu of a hard -copy notice, notice also may be sent by e-mail to the e-mail addresses, if any set forth below. Either Party may from time to Time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Martha Miller CDOT Region 3 Resident Engineer 714 Grand Avenue Eagle, CO 81631 (970) 328 -6385 B. Local Agency: Eva Wilson Eagle County County Engineer • 500 Broadway PO Box 850 Eagle, CO 81631 970 328 -3560 19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or work product of any type, including drafts, prepared by the Local Agency in the performance of its obligations under this Agreement shall be the exclusive property of the State and all Work Product shall be delivered to the State by the Local Agency upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. The Local Agency shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of the Local Agencys's obligations hereunder without the. prior written consent of the State. 20. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees and of the Local Agency is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24 -30 -1501, et seq., as amended. 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to the Local Agency under this Agreement is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §21 applies. The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24- 102.205, §24- 102- 206, §24- 103 -601, §24- 103.5 -101 and §24 -105 -102 concerning the monitoring of vendor Page 17 of 24 perfor ance on state agreements /contracts and inclusion of agreement/contract performance inform. ion in a statewide contract management system. The Lo. al Agency's performance shall be subject to Evaluation and Review in accordance with the terms a d conditions of this Agreement, State law, including CRS §24 -103.5 -101, and State Fiscal Rules, "olicies and Guidance. Evaluation and Review of the Local Agency's performance shall be part of t e normal Agreement administration process and the Local Agency's performance will be system- tically recorded in the statewide Agreement Management System. Areas of Evaluation and Review -hall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of the Local Agency's obligations under this Agreement shall be determi ed by the specific requirements of such obligations and shall include factors tailored to match the requ rements of the Local Agency's obligations. Such performance information shall be entered into the .tatewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Agreement term. The Loc ;1 Agency shall be notified following each performance Evaluation and Review, and shall address .r correct any identified problem in a timely manner and maintain work progress. Should t e final performance Evaluation and Review determine that the Local Agency demonstrated a gross fai re to meet the performance measures established hereunder, the Executive Director of the Colored. Department of Personnel and Administration (Executive Director), upon request by CDOT, and sho ing of good cause, may debar the Local Agency and prohibit the Local Agency from bidding on future Agreements. The Local Agency may contest the final Evaluation, Review and Rating by: (a) filing reb ttal statements, which may result in either removal or correction of the evaluation (CRS §24- 105- 102(.)), or (b) under CRS §24- 105- 102(6), exercising the debarment protest and appeal rights provided n CRS § §24 -109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reins atement of the Local Agency, by the Executive Director, upon showing of good cause. • 22. FED :RAL REQUIREMENTS The Loca Agency and /or their contractors, subcontractors, and consultants shall at all times during the execu ion of this Agreement strictly adhere to, and comply with, all applicable federal and state laws, and their implementing regulations, as they currently exist and may hereafter be amended. A listing of •-rtain federal and state laws that may be applicable are described in Exhibit J. 23. DISA ' VANTAGED BUSINESS ENTERPRISE (DBE) The Local Agency will comply with all requirements of Exhibit G and the Local Agency Contract Administr. tion Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to se its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 un • er this Agreement, it must submit a copy of its program's requirements to the State for review an• approval before the execution of this Agreement. If the Local Agency uses any State-. approved IIBE program for this Agreement, the Local Agency shall be solely responsible to defend , that DBE grogram and its use of that program against all legal and other challenges or complaints, at its sole co-t and expense. Such responsibility includes, without limitation, determinations concerning DBE eligib ity requirements and certification, adequate legal and factual bases for DBE goals and good faith •fforts. State approval (if provided) of the Local Agency's DBE program does not waive or modify the .ole responsibility of the Local Agency for use of its program. 24. DISPU ES Except as • therwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement shall 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 CDOT. Ir 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 this Agreement in accordance with the Chief Engineer's decision. The decision of the Executive Director Page 18 of 24 or his duly authorized representative for the determination of such appeals shall 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 Agreement, however, • shall be construed as making final the decision of any administrative official, representative, or board o • n a question of law. 25. GENERAL PROVISIONS • _ A. Assignment The Local Agency's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior written consent of the State. Any attempt at . assignment, transfer, or subcontracting without such consent shall be void. All assignments and • subcontracts approved by the Local Agency or the State are subject to all of the provisions • hereof. The Local Agency shall be solely responsible for all aspects of subcontracting • arrangements and performance. ' 13. Binding Effect Except as otherwise provided in §25(A), all provisions herein contained, including the benefits • and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions • The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts • This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one agreement. I. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or c • ontemporaneous addition, deletion, or other amendment hereto shall not have any force or • affect whatsoever, unless embodied herein. F. Indemnification . General If Local Agency is not a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., the Local Agency shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Local Agency, or its employees, agents, subcontractors or assignees pursuant to the terms of this Agreement. This clause is not applicable to a Local Agency that is a "public entity" within the meaning of the Colorado Govemmental Immunity Act, CRS §24 -10 -101, et seq. G. Jurisdction and Venue All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Limitations of Liability Any and all limitations of liability and /or damages in favor of the Local Agency contained in any document attached to and /or incorporated by reference into this Agreement, whether referred to as an exhibit, attachment, schedule, or any other name, are void and of no effect. This includes, but is not necessarily limited to, limitations on (I) the types of liabilities, (ii) the types of damages, (iii) the amount of damages, and (iv) the source of payment for damages. I. Modification i. By the Parties Except as specifically provided in this Agreement, modifications of this Agreement shall not be effective unless agreed to in writing by both parties in an amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law, State Page 19 01 24 Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the • policy entitled MODIFICATIONS OF AGREEMENTS - TOOLS AND FORMS. ii. By Operation of Law This Agreement is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Agreement on the effective date of such change, as if fully set forth herein. J. 0 der of Precedence T e provisions of this Agreement shall govern the relationship of the State and the Local A ency. In the event of conflicts or inconsistencies between this Agreement and its exhibits and a achments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: . Colorado Special Provisions, 0. The provisions of the main body of this Agreement, ili. Exhibit A (Scope of Work), it/. Exhibit B (Local Agency Resolution), Nt. 4. Exhibit C (Funding Provisions), Exhibit D (Option Letter), i. Exhibit E (Local Agency Contract Administration Checklist u. Other exhibits in descending order of their attachment. ) K. Se rerability Pr vided this Agreement can be executed and performance of the obligations of the Parties ac omplished within its intent, the provisions hereof are severable and any provision that is de fared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. L. Su ival of Certain 4greement Terms No ithstanding anything herein to the contrary, provisions of this Agreement requiring co inued performance, compliance, or effect after termination hereof, shall survive such ter [nation and shall be enforceable by the State if the Local Agency fails to perform or comply as quired. M. Ta s The State is exempt from all federal excise taxes under IRC Chapter 32 (No, 84- 730123K) and fro all State and local government sales and use taxes under CRS § §39 -26 -101 and 201 et seq.l Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. The Loce 1 Agency shall be solely liable for paying such taxes as the State is prohibited from paying for o reimbursing the Local Agency for them. N. Thir Party Beneficiaries Enfo cement of this Agreement and all rights and obligations hereunder are reserved solely to the arties, and not to any third party. Any services or benefits which third parties receive as a resul of this Agreement are incidental to the Agreement, and do not create any rights for such third arties. O.Wai r Waiv r of any breach of a term, provision, or requirement of this Agreement, or any right or reme y hereunder, whether explicitly or by lack of enforcement, shall not be construed or dee d as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. Page 20 of 24 26. COLORADO SPECIAL PROVISIONS • The Special Provisions apply to all Agreements except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24- 30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made • available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this Agreement shall be construed or interpreted as a waiver, • express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. § §1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee. Neither The Local Agency nor any agent or employee of The Local Agency shall be deemed to be an agent or employee of the State. The Local Agency and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for The Local Agency or any of its agents or employees. Unemployment insurance benefits shall be available to The Local Agency and its employees and agents only if such coverage is made available by The Local Agency or a third party. The Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. The Local Agency shall not have authorization, express or implied, to bind the State to any Agreement, liability or understanding, except as expressly set forth herein. The Local Agency shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof, when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Agreement, to the extent capable of execution. Page 21 of 24 r 7. ING ARBITRATION PROHIBITED. e State of Colorado does not agree to binding arbitration by any extra - judicial body or rson. Any provision to the contrary in this contact or incorporated herein by reference s call be null and void, 1 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. The Local Agency hereby certifies and warrants that, during the term of this Agreement and any extensions, The Local Agency has and shall maintain in place appropriate systems and controls to prevent sLch improper use of public funds. If the State determines that The Local Agency is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS § §24 -18 -201 and 24 -50 -507. Ths signatories aver that to their knowledge, no employee of the State has any personal or Beneficial interest whatsoever in the service or property described in this Agreement. The Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of The Local Agency's services and The Local Agency shall not employ any person having such known inte rests. 10. VENDOR OFFSET. CRS § §24 -30 -202 (1) and 24- 30- 202.4. [Nc t Applicable to intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.E), the State Controller may withhold payment under the State's vendor offset inte 'cept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student Loan Division of ti Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8 -17.5 -101. [Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] The Local. Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E- Verify Program or the State program established pursuant to CRS §8- 17.5- 102(5)(c), The Local Agency shall not knowingly employ or contract with an illega alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to The Local Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. The Local Agency (a) shalt not use E- Verify Program or State program procedures to undertake pre - employment screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if The Local Agency has actual knowledge that a subcontractor is employing Page 22 of 24 • or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8 -17.5- 102(5), by the Colorado Department of Labor and Employment. If The Local Agency participates in the State program, The Local Agency shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that The Local Agency has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If The Local Agency fails to comply with any requirement of this provision or CRS §8-17.5 - 101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this Agreement for breach and, if so terminated, The Local Agency shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. The Local Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24 -76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24 -76.5 -103 prior to the effective date of this Agreement. • Special Provisions Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 23 of 24 . i I 27. SIGNATURE PAGE Agreement Routing Number 10 HA3 02516 1 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT is • " • P6rsons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local : Agency's behalf and acknowledge that the State is relying on their representations to that effect. ii • THE LOCAL AGENCY STATE OF COLORADO • EAGLE COUNTY By;t. Bill Ritter, Jr. GOVERNOR (Printed Nam Colorado Department of Transportatio Title; , `" Russell George, Executive Director �^ Signatu � - By: Pam Hutton — CDOT Chief Engineer • Attested by LEGAL REVIEW • $ r / G \J ,� -� 1)_v'.. ./j. %J ohn W. Bothers, Attorney General `` y ,f` (Printed Name) • k Title: _C' ' -t .. lc/ro c _ S ignature )Assistant Attorney Gei eral :;��, ‘7"\e'- .47 ; I 4 is z Signature 'r * J '" * , i. • ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER J CRS § - J -30 -202 requires the State Controller to approve all Stale Agreements. This Agreement is not valid until • sig ed and dated below by the State Controller or delegate. The Local Agency Is not authorized to begin 1 perfor ance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not • obligat -d to pay The Local Agency for such performance or for any goods and /or services provided hereunder. STATE CONTROLLER Davi ..d:-McDermott, CPA By: _ .._ Colorado Depar ent of Transporation Date: J 0 t(,' • • is Page 24 of 24 I INNIMIEMOSIOMP 28. EXHIBIT A - SCOPE OF WORK • i Y.' I�' I (. I • I Page 1 of 4 Uri oats: 06/242009 j ( Aff): 17445 STIPA: SR35771 COL RADO DEPARTMENT OF TRANSPORTATION B• Project Cod A S D SIGN DATA Rev.Date: Project 0: BRO C440-006 Revision #: 0 PE Project Code: Page 9 to3 Region #. Project Description: Bums Bridge • Eagle County Statu ck M Preliminary LJ Final fl Revised County; 037 Submabd By PM: KILLfANB Approved by Program Engineer: Data: Municipality: Burns Revise by: . System Code: Z - Not on any Federal -Aid Highway Oversight By; A - Exempt Date: Planned Length: 0.259 Genera hie Location: MILE MARKER 32.5 COUNTY ROAD 301 Typo of errain: Rolling Descrip on of Proposed Constmctionllmprovement(Aaech map shoring site location) OFFS STEM BRIDGE 1 P 'Jest Characteristics (Proposed) Median (Type): J Depressed L, Painted fj Raised ge Nate 1" Li: lin, l Handic• • Rant .•s 0 Traffic Control Si.nals 0 Cu • and Gutter Str •'n � ;::} Curb Only !, left•Tum Stds [;;] Continuous Widh= S • elk Widlha it Bikeway Width= ;'1 Rig'st•Tum Stets 1 1 Continuous Width= XI Pa IngLaneWidth= j`,j Detours Signing NI Construction 17 Permanent • 0 La escaping requtremenls (description): fl Other (description): © Right 0 Way Yes/No Est. 1111 Utilities (list names of known uktity companies) 'y ROW tkfor Penn. Easement Required No Unknown Rea cation Required No Tonasorary Easement Required: No Che ogee In Access: No Ohaagea to Connecting Roads: No RaItroad Crossings 0 of Crossings: Recommandations EnN ronmentat Type: Approved On: Project Code # Cleated Under: Project if Cleared Under: N - CE Nonprogrammatte Comment!: Coo •dlnallon ';;;1 Nilhdrawn Lands (Power Silos, Rosorvoira, Eto.) Cleared through BLM or Forest Service Office irrigation Ditch Name: 17 New Traffic Ordinance Rewired ; Modfy Schedule of Existing Ordinance Mundpalky. Bums Other. 11[COnl !ruction Method Advertised By: NoAd Reason: Entity !Agency Contact Name: Phone 9: (Local Safe y Considerations I Project Under: Guardrail meets current standards: No j? Varlerce in Minimum Casty' Standards Requited ❑ Safety project not all standards COMM ents: Unknown 0 Justification Attached 0 Request to be Submdtec addressed 1l BNdga(sao hem 12) ; j Sae Remarks 11 Stage L'tnatructten (ekplaln in remarks) 3R projects Safety Eval-etion Complete (date): i Page 2 of 4 ( ( k I ' Page 2013 Pra,'ed Code 8(S : Project 0: RasfsedaIE 17445 BRO C440-006 o Use Nam A 8, C, 0 andror E loiden4 facia described bedew tz259 .m...imuimom EMIIIIIIIMIIIII Br 21111111111111111111 D. E. 9 • EMI AD Facirdy Laden 3 mow f Commercial (1 Inlaid' _J Comore n& 0 Iedustial 0 Commercial fl :Indesrial j Commercial (j hdusbial i Comnercal 0 ResdanI8I ? Other (.; Residential 0 other j; Rendendal 11 0lher 0 Residential rj Or El Residmliel i oth¢ r 10 Roadway aass 1011.111111111111111111111111.111 III IIIIIIIIIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ,; ' 11211111111 0.000 IIIIIIIIIIIIIIIIIIIIII t IIEIIIIIII 0.000 11111111111111111111111111111111111111111 , Rural Code 11.111111111.1. -111.111.1111111• 11 Design Standards r ± :•,ws e, :-Aat+ =e., ,Srg IL F miimionamo II oes , n Variance Re tired isubstendard hens are Identified whh an' In 1 Wort 8 clad as des m valance with COOT 'Form 1461) • ---IIIIIIIIII-----.IIIIIIIIIIIIIIIIIIII---.IIIII . shoulder waN utside IIIIIIIIIIIIIIIIIIIIIIIIIIMINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r ( c ' II -��-�--------�-�--�� II m.o.-0.6.w IIIIIIIIIIIIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIIIIHIIIIIIIIIIIIIIIII •IZEMN--- ----IIII---IIIII----IIIIIIIIIIIII- IIVA Ma* SSD -1111111111r11111-111111111111----------11111111 III tdBr. YeaicdSSO -----IIIIIIII---.-.-IIIIIIII-IIII-III III Max Grade 1111111111-1111---11111--111111-11111--1111111111111111-- $ De- Decision Letter Required subs' Ward Items are atdertiRed With an • In i col umn & dari with decision Me') • •; drawl Ems -'1110110-r .1---1111011,1----•••111111 I___-_i♦_ _________ ®___ • Posied ,tiedIIIIIIIH_IIII--IIII-IIIIII-IIIUIIII-IIII---- Page 3 of 4 Page 3 of 3 Project Code t(SRA): Project #: Revise Date: 17445 BRO C440 -006 U MaJor Structures S= to slay, R= to bo removed P. proposed new structure Reference Standard Structure Structural Horizontal Ve0eei Year Structure ION I • Length Point Feature Intersected Width Roadway Capacity Clearance Clearance _ Suit P oposod Troamont of Bridges to Remain in Place(address bridge rag, capacity, and allowable surfacing thickness): Remarks T e structure number for this bridge is (EA6- 301. 23.5). Egoist County Is proposing 10 construct a bridge located so Colorado River Road (30)), mile markor 23.6. The existing bridge is ng to be removed and replaced with a new two•lane structure. Each approach and is going to be reworked to accommodate drainage th new structure and the road alignment. Tho bridge will be constructed with either concrete or steel girders to accommodate hi her weight loads and traffic volumes. E ale County plans on using federal funds to complete a fun design of the bridge structure and all associated elements for badge re eeement, The county hes also elected to use federal funds for right•of -way acquisition and miscellaneous fees relating to a uisticn oldie right -of -way. Alpo bridge will be constructed with either concrete or steel girders to accommodate higher weight loads and traffic volumes.# • i ea'; • Page 4 of 4 (o missioner moved adoption of the folli)ing Resolution: BOARD OF couNrs commissioNERs couNTY OF EAGLE, SIMI' OF COLORADO RESOLUTION NO. 2010-0/9" RESOLUTION SUPPORTING AGREEMENT BETWEEN EAGLE COUNTY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR DISPLIRSEIvIEN'f OF FUNDS FOR THE R,OW. DESIGN & CONSTRUCTION OF THE BLaNS BRIDGE PRafECT WHEREAS, Eagle County desires to replace a structurally deficient bridge on the Colorado River Road at Mile Marker 23.5 (hereinafter "Project") in the tillinCOlpOrated area of Burns in Eagle County: and WHEREAS. the Colorado Department of Transportation (hereinafter "(DOT") has selected this Project as eligible for Federal funding through the Off-System Bridge Program (hereinafter "13R.(J administered .by CDOT: and WHEREAS. the total Project cost including right-of-way, design 1.1nd construction is estimated at S2,837.625 with 80% funding from the BR() and 20% funding froiu the Local Agency; and WHEREAS. Eagle County agrees to assume the responsibilities of the Local Agency as donned by the Inter-Governmental A.greement (hereinatler "IGA") between CDOT and Eagle County for the PrOjeCt: and WHEREAS. Eagle County has budgeted S567.525 to meet the 20% Local Agency responsibility. • /1 REMAINDER (.)F PAGE INTENTIONALLY LEFT BLANK /1 ( ( NOW, THEREFORE, BE IT RESOLVED 13Y THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE,STATE ()F COLORADO: THAT, the Board of 1. County Commissioners hereby authorizes the Chairman of the BPard to sign the !GA with CDOT. 1i-IAT, this resolution is to be in full tbree and effect from and after its passage and - ;pprokal. 'MAT, the board hereby finds, determines and declares that this Resolution is necessary for the publie health, safety and welfare of the residents of the County of Eagle. State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of t1a County of Eagle. State of Colorado, at its regular meeting held this,„: of cia-L--e-a, 2010. COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners ATfEST: o g ;wit' 4; ....-- ,.,\ ....- --, . .. Ar ..,,e4vor \ • -- '-',.' c. giSara .1.\Fisher, Chiti - Ian / l Clerk if the Board of County -- ( ' ‘,, I ,-- • ... h . (...'ommissioners ____ 2 ,„a_V\ ----- _ Jo yi vney. CO"miT 7 ,,.." - 7.7e;;---- -- 7 Peter F. Runyon. Commissioner e.:;- CommiSsioner seconded adoption of the tbregoing resolution. The roll having 'cell caUed. the vote was P Commi . sioner Sara J. Fisher (I-- commi sinner Jon Stavnev Commi Stoner Peter F. R uny on ,...) This Resolution passed by ± ) , ...ote of the Board of County Commbsioners of the County of Ile, Stare of Colorado, 29. EXHIBIT B - LOCAL AGENCY RESOLUTION LOCAL AGENCY ORDINANCE or RESOLUTION Is Vii r is 1' f. kk Page f of 2 ( 1 • 30. EXHIBIT C — FUNDING PROVISIONS BRO C440 (17445) Burns Bridge • A. ost of Work Estimate The Local Agency has estimated the total cost the Work to be $2,837,625.00 which is to be landed as follows: 1 BUDGETED FUNDS a. Federal Funds $2,270,100.00 (80% of Participating Costs) • b. Local Agency Matching Funds $567,525.00 (20% of Participating Costs) C. Local Agency Matching for CDOT - Incurred • Non- Participating Costs Overmatch $0.00 • • TOTAL BUDGETED FUNDS • $2,837,625.00 F • 2 ESTIMATED CDOT - INCURRED COSTS a . Federal Share (_ of Participating Costs) $0 b. Local Agency • Local Agency Share of Participating Costs $0.00 Non- Participating Costs (Including Non- • Participating Indirects) $0.00 TOTAL ESTIMATED CDOT- INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1 a) $2,270,100.00 b. Less 80% of $200,000.00ROW Acquisition ($160,000) (- $160,000.00) TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $2,110,100.00 FOR CDOT ENCUMBRANCE PURPOSES 1 a. Federal Funds $2,270,100.00 1 b. Local Agency Matching Funds $567,525.00 f Total Encumbrance Amount * *Note Federal funds are not yet available for encumbrence at this time. Funds will be encumbered at a later date by formal amendment or option letter. $2,837,625.00 Less ROW Acquisition 3111 and /or ROW Relocation 3109 - $200,000.00) N • et to be encumbered as follows: $2,637,625.00 • • WBS Element 17445.10.50 ROW Misc 3114 $50,000.00 WBS Element 17445.10.301 Design 3020 $300,000.00 • WBS Element 17445 -20.10 Const 3301 $2,287,625.00 TOTAL ENCUMBRANCE ** $0.00 Page 1 of 2 ii s . B. Matching Funds The matching ratio for the federal participating funds for this Work is 80% federal -aid funds a (CFDA #20 2050) to 20% Local Agency funds, it being understood that such ratio applies only to the $2,837,625.00 that is eligible for federal participation, it being further understood that all s non- participating costs are borne by the Local Agency at 100 %. If the total participating cost of .' f performance of the Work exceeds $2,837,625.00, and additional federal funds are made { i. available for the Work, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non - participating costs; if additional federal funds are not made . r available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $2,837,625.00, then the amounts of Local Agency and 'r federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. Ij C. Maximum Amount Payable ii The maximum amount payable to the Local Agency under this Agreement shall be 4' $2,f 10,100.00 (For CDOT accounting purposes, the federal funds of $2,270,100.00 and Local 4 Agency matching funds of $567,525.00 will be encumbered for a total encumbrance of � $2,837,625.00), unless such amount is increased by an appropriate written modification to this , Agreement executed before any increased cost is incurred. * *Note — No funds are available for ;, encumbrence at this time. Funds will be encumbered at a later date by formal amendment or , n l , optioetter. It is understood and agreed by the parties hereto that the total cost of the Work I stated hereinbefore is the best estimate available, based on the design data as approved at the ! time of execution of this Agreement, 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. t : f D. Single Audit Act Amendment All state and local government and non - profit organization Sub -The Local Agencys receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A 133 (Audits of States, Local Governments and Non - Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to Sub -The Local Agencys receiving federal funds are as follows: ' f. Expenditure less than $500,000 if the Sub -The Local Agency expends less than $500,000 in Federal funds (all federal i. sources, not just Highway funds) in its fiscal year then this requirement does not apply. f. 11. Expenditure exceeding than $500,000- Highway Funds Only If the Sub -The Local Agency expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. Ili. Expenditure exceeding than $500,000- Multiple Funding Sources If the Sub -The Local Agency expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, is which is an audit on the entire organization /entity. • iv. Independent CPA Single Audit shall only be conducted by an indep CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. • Page 2 of 2 31. EXH BIT D - OPTION LETTER SAMPLE 1GA OPTION LETTER NOTE This option is limited to the specific contract scenarios listed below AND may be used in place of exerci ing a formal amendment. ( Date: f State Fiscal Year: Option Letter No. CLIN Routing # — Original Contract CMS # Option Letter CMS # _Original Contract SAP # Option Letter SAP # Local Agency Name: _ _ A. SUBJECT: (Choose applicable options listed below AND in section B and delete the rest) . 1. Lev I of service change within current term due to an unexpected Local overmatch on an overbid situati n ONLY; 2. Opti n to add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscell neous ONLY (does not apply to Acquisition /Relocation or Railroads); 3. Opti n to update funding (a new Exhibit C must be attached with the option letter and shall be labele C -1 (future changes for this option shall be labeled as follows: C -2, C -3, C -4, etc,) B. R QUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: (Insert he following language for use with Option #1): In acco dance with the terms of the original Agreement (insert FY, Agency code & CLIN routing # of Basic • ontract) between the State of Colorado, Department of Transportation and (insert the Local Apenc 's name here), the State hereby exercises the option to record a level of service change due to unexpe ted overmatch dollars due to an overbid situation. The Agreement is now increased by (indicat•• additional dollars here) specified in Paragraph /Section /Provision __.._ of the original ' greement. M (Insert he following language for use with Option #2): In acco • ance with the terms of the original Agreement (insert FY, Agency code & CLIN routing # Basic C • ntract) between the State of Colorado, Department of Transportation and (insert the Local Agency . name here), the State hereby exercises the option to add an overlapping phase in (indicate Fiscal tar here) that will include (describe which phase will be added and include all that apply - Desian, onstruction, Environmental, Utilities, ROW incidentals or Miscellaneous). Total funds for this Agreement remain the same (indicate total dollars here) as referenced in Paragraph /Section /Provision /Exhibit of the original Agreement. (Insert t e following language for use with Option #3): In accor• ance with the terms of the original Agreement (insert FY, Agency code & CLiN routing #of Basic Contract) between the State of Colorado, Department of Transportation and (insert the Local Agency'- name here), the State hereby exercises the option to update funding based on changes from stet-, federal, local match and /or local agency overmatch funds. The Agreement is now (select one: increased and /or decreased) by (insert dollars here) specified in Paragraph/- Section /- Provisio Exhibit _ of the original Agreement. A new Exhibit C -1 is made part of the original ■ •reement and replaces Exhibit C. (The following is a NOTE only so please delete when using thi- option: future changes for this option for Exhibit C shall be labeled as follows: C -2, C -3, C -4, etc.) Page 1 of 2 , r,,,.,r , , w .f ✓. I' sl.::l :uo.: -. 5i•....'t:.r ...: �... >..- .>.:v. ., .4nry ... y i` 'r (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 Agreement value of ($_._ ) to satisfy services /goods ordered under the Agreement for the current fiscal year (indicate Fiscal Year). The first sentence in c� Paragraph /Section /Provision - is hereby modified accordingly. 4 p; The total Agreement value to include all previous amendments, option letters, etc. is f The effective date of this Option Letter is upon approval of the State Controller or delegate. l APPROVALS: For the The Local Agency: , Legal Name of the Local Agency t l; By: Print Name of Authorized Individual l: Signature: Date: Title: Official Title of Authorized Individual 1 State of Colorado: Bill Ritter, Jr., Governor 1 • By: • Date: Executive Director, Colorado Department of Transportation I ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Contracts. This Agreement Is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin 1 performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for an provided hereunder. any goods and/or services P, State Controller David J. McDermott, CPA By: Date: Form Updated; July 1, 2009 . Page 2 of 2 32. EXHI3IT E — LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST !� Page 1 of 6 r Y -- • LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST I; c The following checklist has been developed to ensure that all required aspects of a project approved for Federal funding have been addressed and a responsible party assigned for each task, After a project has been approved for Federal funding in the Statewide Transportation Improvement Program, the Colorado Department of Transportation (CDOT) Project Manager, Local Agency project manager, and CDOT Resident Engineer prepare the checklist. It becomes a part of the contractual agreement between the Local Agency and CDOT. The CDOT Agreements Unit will not process a Local Agency agreement without this completed checklist. It will be reviewed at the Final Office Review meeting i> to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. • • • • xvi i COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Region SRO 0440-006 — ___.. "` Project Location TBD 17445 3 Date Colorado River Rd (CR -30 t) mile marker 23.5 6/15/09 Project Description Replacement of off system bridge on Eagle County Road 301 Local Agency Local Agency Project Manager Eagle County Ben Gerdes COOT Resident Engineer COOT Project Manager Martha Miller Brian Killian/Peter lombardi INSTRUCTIONS: - This checklist shall be utilized to establish the contract administration responsibilities of the Individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the COOT Local Agency Manual, The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The "X" denotes the party responsible for Initiating and executing the (ask. Only one responsible party should be selected. When neither CDOT nor the Local Agency Is responsible for a task, not applicable (NA) shall be noted. In addition, a " #" will denote that CDOT must 6oncur or approve, Tasks that will be performed by I4eadquarters staff will be indicated. The Regions, in accordance with established policies and Procedures, will determine who will perform aft other tasks that are the responsibility of CDOT. The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local Agency Protect Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the T[ pDOT Resident Engineer, In cooperation with the Local Agency Project Manager, will prepare and distribute a revised cheddist. RESPONSIBLE 0. DESCRIPTION OF TASK PARTY • LA CDOT • IP / STIP AND LONG -RANGE PLANS SIN Review Pro ect to ensure 11 Is consist with STIP and amendments thereto _ [ t x EDERAL FUNDING OBLIGATION AND AUTHORIZATION -" 1 : - . t l Authorize funding by phases (COOT Form418. Federal -aid Program Data. Requires FHWA con currencetm vot vem en t) • ROJECT DEVELOPMENT . i Pre• are Desi. I X n Data - COOT Form 463 X Prepare Local Agency /COOT Inter - Governmental Agreement (see also Chapter 3) X Conduct Consultant Selection /Execute Consultant Agreement X Conduct Design Scoping Review Meeting X Conduct Public Involvement X Conduct Field Inspection Review (FIR) X Conduct Environmental Processes may require FHWAconcurrence/Involvement) X X Acquire Right (may require FHWA concurrence.Mnvolvement) . X Obtain Unlit and Railroad A. reernents - X ®t© onduct trial Office Review (FOR) inlini Q 11 Jus■ly Force Account Work by the Local Agency MIIKIIIIIN MEM Justif Proprietary, Sole Source, or Local Agency Furnished Items ____ E® Document Design Exceptions - CDOT Form 464 QOE Pre•are Plans, S•ecificatIons and Construction Cost Estimates _ _ 5. Ensure Authorization of Funds for Construction —' x 000T Form 1243 09/06 Paget of 4 Previous editions are obsolete and may not be used • Page 3ofe • u RESPONSIBLE r NO. DESCRIPTION OF TASK . PARTY , „ , 1 `,. LA CDOT r ,, PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE I: . ; ' 6.1 Set Underutilized Disadvantaged Business Enterprise (URDE) Goals for Consultant and X X ' Construction Contracts (COOT Region EEO /Civil Rights Specialist). ii 6.2 Determine Applicability of Davis -Bacon Act X ;: This project ® is ❑ Is not exempt tram Davis -Bacon requiretnents as determined by the functional classification of the project location (Projects located on local roads and rural minor collectors may be exempt.) i 1' Martha Miller 6/15109 , i, COOT Resident Engineer (Signature on File) Date ` it 6.3 Set On-the -Job Training Goals. Goal is zero if total construction is less than $1 million (COOT X 1 Region EEO/Civil Rights Specialist) s' 6.4 Title VI Assurances X X j `r' , Ensure the correct Federal Wage Decision, all required Disadvantaged Business � it r - ; , Enterprise /On- the•Job Training special provisions and FHWA Form 1273 are included In the t ti ' Ifi t, Contract (COOT Resident Engineer) fr ADVERTISE, BID AND AWARD X a 7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks X it 7.2 Advertise for Bids X 7.3 Distribute "Advertisement Set" of Plans and Specifications X j 7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under X Advert isement 7.5 Open Bids �- — X 1, 7 6 v p Process Bids for Compliance I h , W7 $ Check CDOT Form 715 - Certificate of Proposed Underutilized DBE Participation when the ' q 4 u�1itt�,� low bidder meets UDBE goals " 1 i'l Evaluate CDOT Fonn 718 - Underutilized DBE Good Faith Effort Documentation and X r. rhAp determine if the Contractor has made a good faith effort when the low bidder does not meet X itritZW4 DBE .oats , '°' ` i Submit required documentation for CDOT award concurrence X • 7.7 Concurrence from COOT to Award X • 7.8 Approve Rejection of Low Bidder 7.9 Award Contract X 7.10 Provide "Award" and "Record" Sets of Plans and Specifications X X CONSTRUCTION MANAGEMENT •" 8.1 Issue Notice to Proceed to the Contractor) X 8.2 Project Safety ' 8.3 Conduct Conferences: X far: ,; Pre - Construction Conference (Appendix B) X Pre -survey - - `; i ' • Construction staking X ar • Monumentation X • E' Partnering (Optional) X r, cr y u T Structural Concrete Pre -Pour (Agenda Is In CDOT Construction Manual) X - .F =1 !?,� Concrete Pavement Pre - Paving (Agenda is in COOT Canst,vciior. Manual) -: 4 ,.; 1. HMA Pre- Paving (Agenda is in CDOT Construction Manual) X X K 1 . 8.4 Develop and distribute Public Notice of Planned Construction to media and local residents X 8.5 Supervise Construction G etc y `44 A Professional Engineer (PE) registered In Colorado, who will be ''in responsible charge of l`K t construction supervision." g , "s , s ' Ben Gerdes , PE ' •V 970- 328 -3560 Y i' , ,s: Local Agency Professional Engineer or Phone number X ti :t CDOT Resident Engineer k Previous editions are obsolete and may not be use DOT Form 1243 09/06 Paget of 4 1 , c Page 4 of 6 - e 1 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT riF;Igg i` Provide competent, experienced staff who will ensure the Contract work is constructed In fM1 ,.Z„E;: accordance with the plans and specifications tEW I':;[4 Construction Inspection and documentation 8.6 Approve Shop Drawings X 8.7 Perform Traffic Control Inspections X 8.9 Perform Construction Surveying X 8.9 Monument Ri•ht -of -Wa X 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates X Provide the name and phone number of the person authorized for this task. TOD Local Agency Representative Phone number 8. t 1 Prepare and Approve Interim and Final Utility and Railroad Billings X 8.12 Prepare Local Agency Reimbursement Requests X 8.13 Prepare and Authorize Change Orders • X 8.14 Approve All Change Orders X 8.15 Monitor Project Financial Status X 8.16 Prepare and Submit Monthly Progress Reports X 8.17 Resolve Contractor Claims and Disputes X 8.18 Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for this task. X Martha Millar 970 - 328.6385 / °DOT Resident Engineer Phone number ATERIALS I' Conduct ateria s Pre - Construction Meeting X ill Complete . CDOT Form 250 - Materials Documentation Record • Generate form, which includes deterinining the minimum number of required tests and X • applicable material submittals for all materials placed on the project • Update the form as work progresses • Complete and distribute form after work is completed Perform Project Acceptance Samples and Tests Perform Laborato Verification Tests •.5 Accept Manufactured Products X 1 Inspection of structural components: • Fabrication of structural steel and pre-stressed concrete structural components X • Bridge modular expansion devices (0" to G' or greater) X • Fabrication of bearing devices X •.6 A;,•rove Sources of Materials X • in. open •ent , ssurance Testing (IAT), Local Agency Procedures CI CDO • rocedures ■ • Generate IAT schedule X • Schedule and provide notification X • Conduct IAT X Approve mix designs • Concrete X • Hot mix as.hak X Check Final Materials Documentation X 10 10 Complete and Distribute Final Materials Documentation X CDOT Form 1243 09/AB Paged of 4 Previous editions ars obsolete and may not be used • Page 5 of 6 L r , F CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE f0.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements X 10.2 Process CDOT Forrn 205 - Sublet Permit Application Review and sign completed CDOT Forrn 205 for each subcontractor, and submit to X X EEO /Civil Rights Specialist • 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee. X Interviews. Complete CDOT Form 280 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the X "Commercially Useful Function" Requirements 10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees. Complete CDOT Form 200 - X OJT Training Questionnaire 10.6 Check Certified Payrolls (Contact the Region EEO/CMI flights Specialists for training requirements.) X 10.7 Submit FHWA Form 1391 - Highway Construction Contractor's Annual EEO Repott X j , FINALS 11.1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final • X Acceptance Report (Resident Engineer v. th mandatory Local Agency participation.) 11.2 Write Final Project Acceptance Letter X 11.3 Adventse for Final Settlement X 11.4 Prepare and Distribute Final As-Constructed Plans X 11.5 Prepare EEO Certification X 11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit X Final Certifications 11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9) X 11.8 Obtain CDOT Form 17 from the Contractor and Submit to the Resident Engineer X 1 1.9 Obtain FHWA Form 47 • Statement of Materials and Labor Used ... from the Contractor PIA • 11.10 Complete and Submit CDOT Form 1212 — Final Acceptance Report (by CDOTJ X 11.11 Process Final Payment X 1 1.12 Complete and Submit CDOT Form 950 - Project Closure X 11.13 Retain Protect Records for Six Years from Date of Protect Closure X 11.14 Retain Final Version of Local Agency Contract Administration Checklist X cc: CDOT Resident Engineer /Project Manager CDOT Region Program Engineer CDOT Region EEO /Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Local Agency Project Manager jp CDOT Form 1243 09/08 Page4 of 4 Previous editions are obsolete and may not be used Page6of6 r 33. HIBIT F — CERTIFICATION FOR FEDERAL -AID CONTRACTS The L cal Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that: No Feideral appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any Orson for influencing or attempting to infli Jenne an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, Agreement, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influenjcing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This c rtiflcation is a material representation of fact upon which reliance was placed when this transa ton was made or ei awed into. Submission of thls certification is a prerequisite for making or enterin into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the equired certification shall be subject to a civil penalty of not less than $10,000 and not more than $ 00,000 for each such failure. The prc spective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub - recipients shall certify and disclose accordingly. I 1 Required by 23 CFR 635.112 Page 1ofi " l I �, r 5 j 33. EXHIBIT G — DISADVANTAGED BUSINESS ENTERPRISE SECTION 1. Policy. It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation.' The recipient or its the Local Agency agrees to ensure that disadvantaged business enterprises as is determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the YI � i maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3 DBE Program. The Local Agency (sub- recipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from and will be mailed to the Local Agency upon request: Business Programs Office Colorado Department of Transportation r 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222 -3400 Phone: (303) 757 -9234 revised 1/22/98 Required by 49 CFR Part 23.41 is Pagel oft 1 34. EXHI IT H — LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES TH.: LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL -AID PROJECT AGREEMENTS WITH PROFESSIONAL. CONSULTANT SERVICES Title 2 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project a agree ent administered by CDOT that involves professional consultant services. 23 CFR 172.1 - states The policies and procedures involve federally funded contracts for engineering and design related services for projects subject to the provisions of 23 U.S.C. 112(a) and are issued to ensure that a • ualified consultant is obtained through an equitable selection process, that prescribed work is prop:•rly accomplished in a timely manner, and at fair and reasonable cost" and according to 23 CFR 1 2.5 "Price shall not be used as a factor in the analysis and selection phase." Therefore, local agencies must comply with these CFR requirements when obtaining professional consultant service under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operati• ns guidebook titled "Obtaining Professional Consultant Services ". This directive and guideb..k incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and CRS §•• -30 -1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CBOT's Agreements and Consultant Management Unit. [Local agencies should have their own written • rocedures on file for each method of procurement that addresses the items in 23 CFR 172j. Becaus: the procedures and laws described in the Procedural Directive and the guidebook are quite le gthy, the subsequent steps serve as a short -hand guide to CDOT procedures that a local agency ust follow in obtaining professional consultant services. This guidance follows the format of 23 C • R 172. The steps are: 1. Th6 contracting local agency shall document the need for obtaining professional services. 2. Prr to solicitation for consultant services, the contracting local agency shall develop a 'detailed scope of work and a list of evaluation factors and their relative importance. The ev luation factors are those identified in C.R.S. 24 -30 -1403. Also, a detailed cost estimate sh uld be prepared for use during negotiations. 3, Th‘ contracting agency must advertise for contracts in conformity with the requirements of C.I.S. 24 -30 -1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation, 4. Th request for consultant services should include the scope of work, the evaluation factors an their relative importance, the method of payment, and the goal of 10% for Disadvantaged Bu iness Enterprise (DBE) participation as a minimum for the project. 5. The analysis and selection of the consultants shall be done in accordance with CRS §24 -30- 140 . This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre- ualified prime consultants and their team. It also shows which criteria are used to short - list nd to make a final selection. The short -list is based on the following evaluation factors: - a. ualifications, b. A proach to the Work, c. A ility to furnish professional services. d. A ticipated design concepts, and e. Al ernative methods of approach for furnishing the professional services. Page 1 of 2 • Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and 9. Involvement of minority consultants. • i s 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre - negotiation audits are ii prepared for contracts expected to be greater than $50,000. Federal reimbursements for costs are limited to those costs allowable under the cost principles of 48 CFR 31, Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six to 15 percent of the total direct and indirect costs. 7. A qualified local agency employee shall be responsible and in charge of the Work to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of Work, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42; which provide for records to be kept at least three years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three years after the case has been settled. CRS § §24 -30 -1401 through 24 -30 -1408, 23 CFR Part 172, and P.D. 400.1, provide additional details for complying with the preceeding eight (8) steps. r: �> Page 2of2 • I 35. EXHIIT 1- FEDERAL -AID CONTRACT PROVISIONS FHWA Fgrm 1273 FHWA-1273 Electronic version •• March 10. 1994 REQUIRED CONTRACT PROVISIONS 4 FEDERAL -AID CONSTRUCTION CONTRACTS 1. Gener 1 (Applicable to all Federal-aid construction eontrads and to all related II. Nondis <rimination 1 subcontracts of £10,000 or more.) III. Non - segregated Facilities 3 1V.Paytnel t of Predetermined Minimum Wage 3 1. Equal Employment Opportunity: Equal employment opportunity V.Staternenls and Payrolls 6 (EEO) requirernenis not to discriminate and to take affirmative action to VI.Record 3l Materials, Supplies, and Labor 6 assure equal opportunity as set loN1 under laws, executive orders, VII. Subletting or Assigning the Contract 7 rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders VIII. Safety; Accident Prevention 7 of the Secretary of Labor as modified by the provisions prescribed IX.Fa(se Seatements Concerning Highway Projects 7 herein, and hnposed pursuant to 23 U.S.C. 140 shall constitute the EEO X.Implementation of Clean Air Act and Federal and specific affirmative action standards for the contractor's project Water Pollution Control Act 8 activities under this Agreement. The Equal Opportunity Construction XI.Certifica'ion Regarding Debarment, Suspension, Contraet Specifications set forth under 41 CFR 60 -4.3 and the Inelfgibilty, and Voluntary Exclusion 8 provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et XII. Certification Regarding Use of Contract Funds for seg.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by Lobbying 9 reference in this Agreement. In the execution of this Agreement, the contractor agrees to comply with the following minimum specific ATTACHMENTS requirement activities of EEO: A.Employn ent Preference for Appalachian Contracts a. The contractor will work with the State highway agency (SHA) (include in Appalachian contracts only) and the Federal Government in carrying out EEO obligations and in their review of his /her activities under the contract. I. GENERAL} b. 1. These ontracl provisions shall apply to all work performed on the staterne n The contractor will accept as his operating policy the lohowing contract by I e contractor's own organization and with the assistance of workers un r the contractor's immediate superintendence and to all It is the policy of this Company to assure Mal applicants are work parlor d on the contract by piecework, station work, or by employed. and that employees are treated during employment, subcontract. without regard to their race, religion, sex, color, national origin. age or disability. Such action shall include: employment. upgrading, 2. Except as otherwise provided for in each section, the contractor demotion, or transfer; recruitment or recruitment advertising; layoff shalt insert i each subcontract all of the stipulations contained in these or termination; rates 01 pay or other loans of compensation; and Required Co tract Provisions. and further require their inclusion in any selection for training, including apprenticeship, pre - apprenticeship, lower tier su contract or purchase order that may in turn be made. The and/or on- the -job (raining." Required Co ract Provisions shall nol be incorporated by relerence in any case. T prime contractor shall be responsible for compliance by 2. EEO Officer: The contractor will designate and make known to the any suboont dor or lower liar subcontractor with these Required SHA contracting officers an EEO Officer who will have the responsibility Contract Pro stone. for and must be capable of effectively administering and promoting an active contractor program of 000 and who must be assigned adequate 3. A brea of any of the stipulations contained in these Required authority and responsibility to do so. Contract Pro 'sions shall be sufficient grounds for termination of the contract. 3. Dissemination of Policy, All members of the contractors staff who are authorized to hire, supervise, promote, and discharge 4. A breath 01 the following clauses of the Required Contract employees, or who recommend such action. or who are substantialy Provisions msy be, grounds for debarment as provided in 29 CFR involved in such action, will be made fully cognizant 0f, and will 5.12: implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification 61 employment, To Secti I, paragraph 2; ensure that the above agreement will be met, the following actions will Secti IV, paragraphs 1, 2, 3, 4, and 7; he taken as a minimum: Secti V, paragraphs 1 and 2a through 2g. a. Periodic meetings of supervisory and personnel office 5. Disputes : rising out of the labor standards provisions of Section IV employees will be conducted before the start of work and then not less (except para. aph 5) and Section V of these Required Contract often than once every six months, at which time Iho contractor's EEO Provisions sh:Il not be subject to the general disputes clause of this policy and its implementation mill be reviewed and explained. The Agreement. S ch disputes shall be resolved in accordance with the meetings will be conducted by the EEO Officer. procedures of the U.S. Department of Labor (DOL) as sal forth in 29 CFR 5, 6, an 7. Disputes within the meaning of this clause include b. All new supervisory or personnel office employees will be disputes betw en the contractor for any of its subcontractors) and the given a Thorough indoctrination by the 0E0 Officer, covering all major contracting ag ncy, the DOL, or the contractor's employees or their aspects of the contractor's EEO obligations within thirty days following representative:. their reporting for duty with the contractor. 6. Selactio of Labor: During the performance 01 this Agreement. c. AI personnel who are engaged in direct recruitment for the the contractor < tall not: project will be. instructed by Me EEO Officer in the contractor's procedures for locating and hiring minority group employees. a. discri inate against labor from any other Stale, possession, or territory of the United States (except for employment preference for d. Notices and posters setting ion!) the contractor's EEO policy Appalachian C. tracts, when applicable, as specified in Attachment A), will be placed in areas readily accessible to employees, applicants Inn or employment and potential employees. b enhplo convict labor for any purpose within the limits of the • 0, The contractors EEO policy and tlha procedures to implement project unless t is labor performed by convicts who are on parole, such policy will be brought to the attention of employees by means of supervised role se. or probation. meetings. employee handbooks, or other appropriate means. II. NONDISCR iNATION 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Page 1 of 8 REQUIRED BY 23 CFR 633,102 -- • Yl ii e i j Opportunity Employer. All such advertisements will be placed in either directly or through a contractor's association acting as agent will public5[ions having a large circulation among minority groups in the area leclude the procedures set forth below: from which the project work force would normally be derived. ri a. The contractor will use best efforts to develop, in cooperation f <, a. The contractor will, unless precluded by a valid bargaining with the unions, joint training programs aimed toward qualifying more agreement, conduct systematic and direct recruitment through public minority group members and women for membership in the unions and e and private employee referral sources likely to yield qualified minority increasing the skills of minority group employees arid woman so that group applicants. To meet this requirement, the contractor will identity they may qualify tor higher paying employment. it sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be b. The contractor. will use best efforts to incorporate an EEO referred to the contractor for employment consideration. clause Into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, b. In the event the contractor has a valid bargaining agreement religion, sex, national origin, age or disability. providing for exclusive hiring half referrals, he is expected to observe the ` provisions of that agreement to the extent that the system permits the c. The contractor is to obtain information as to the referral e q contractor's compliance with EEO contract provisions. (The 00L has practices and policies of the labor union except that to the extent such §i held That where implementations of such agreements have the effect o( information is within the exclusive discriminating against minorities or women, or obligates the contractor to such labor union refuses to furnish such infor ation the to lord, j i do the same, such implementation violates Executive Order 11246. as the contractor shall so certify to the SHA and shall set forth what efforts Ir amended.) r' have been made to obtain such information. h c. The contractor will encourage his present employees to refer d. In the event the union is unable to provide the contractor with a Ir minority group applicants for employment. Information and procedures reasonable flow of minority and women referrals within the time limit se[ i. o with regard to referring minority group applicants will be discussed with forth in the collective bargaining agreement. the contractor will, through ;i employees. independent recruitment efforts, (ill the employment vacancies without l' regard to race, color, religion, sex, national origin, age or disability; • t 5. Personnel Actions: Wages, working conditions, and employee making full ellorts to obtain qualified and/or qualifiable minority group l t o benefits shall be established and administered. and personnel actions of persons and women. (The 001 has held that it shall be no excuse that '' every type, including hiring, upgrading, promotion, transfer, demotion, the union with which the conlraclor has a collective bargaining layoff, and termination, shall be taken without regard to race, color, agreement priding k etigion, sex, national oright, age or disability. The following procedures em to y oes. ) In theevent exclusive he un onereferraldV1eaclice rater minority {? shall be followed: p p prevents the contractor Irom meeting the obligations pursuant. to Executive Order 11246, as amended. and these special provisions, such contractor shall i; a. The contractor will conduct periodic inspections of project sites immediately notify the SHA. 6 to insure that working conditions and employee facilities do not indicate t discriminatory treatment of project site personnel. 8. Selection of Subcontractors, Procurement of Materials and r IF n Leasing of Equipment: The contractor shall not discriminate on the f b. The contractor will periodically evaluate the spread of wages grounds of race, color, religion, sex, national origin. age or dishblllty in s. paid within each classification to determine any evidence of the selection and retention of Subcontractors, including procurement of discriminatory wage practices. materials and leases of equipment, g. c. The contractor will periodically review selected personnel a. The contractor shall notify ate potential subcontractors and l actions in depth to determine whether there is evidence of discrimi- suppliers of his/her EEO obligations under this Agreement. nation, Where evidence is found, the contractor will promptly take M corrective action. If the review Indicates that the discrimination may b. Disadvantaged business enterprises (DBE), as defined in 49 extend beyond the actions reviewed, such corrective action shall include CFR 23, shall have equal opportunity to compete for and perform all alfected persons, subcontracts which the contractor enters into pursuant to This Agreement. The contractor will use his best efforts to solicit bids from d. The contractor wits promptly investigate all complaints of alleged and to utilize DBE subcontractors or subcontractors with meaningful 1'. discrimination rnade to the contractor in connection with his obligations minority group and female representation among their employees. under this Agreement, will attempt to resolve such complaints, and will Contractors shall obtain lists of DBE construction firms from SHA Lake appropriate corrective action within a. reasonable time. If the personnel, f Il investigation indicates that the discrimination may affect persons other t. than the complainant, such corrective action shall include such other c. The contractor will use his best efforts to ensure subcontractor persons. Upon completion of each investigation, the contractor will compliance with their EEO obligations, j: a inlorm every complainant of all of his avenues of appeal. 9. Records and Reports: The contractor shall keep such records as r 0. Training and Promotion: necessary to document compliance with the EEO requirements. Such fl' records shall be retained fora period of three years following completion 4 a. The contractor will assist in locating, qualifying, and increasing of the contract work and shall be available at reasonable times and x• the skills of minority group and women employees, and applicants for places for inspection by authorized representatives of the SHA and the l employment. FHWA. l b. Consistent with the contractor's work force requirements and a. The records kept by the contractor shall document the as permissible under Federal and State regulations, the contractor shall following: • make full use of training programs, i.e., apprenticeship, and on.the -job training programs for the geographical area of contract performance. (1) The number of minority and non- minority group members Where feasible, 25 percent of apprentices or trainees in each occupation and women employed in each work classification on I Se project; shall be in their first year of apprenticeship or training. In the event a t` special provision for training is provided under lhfs Agreement, thiS (2) The progress and efforts being made in cooperation with subparagraph will be superseded as indicated in he special provision, unions, when applicable, to increase employment opportunities for i. c. The contractor will advise employees and applicants for minorities and women; • ;: employment of available training programs and entrance requirements (3) The progress and efforts being made in locating, hiring, ., for each. in training, qualifying, and upgrading minority and female employees; and is d. The contractor will periodically review the training and (4) The progress and efforts being made in securing the promotion potential of minority group and women employees and will services of DBE subcontractors or subcontractors with meaningful t. encourage eligible employees to apply for such training and promotion. minority and female representation among their employees. e 7. Unlans: If the contractor relies in whole or in part upon unions as a b. The contractors will submit an annual report to the SHA each . source of employees, the contractor will use hisrher best efforts to obtain July for the duration of the project, indicating the number of minority, . ii the cooperation of such unions to increase opportunities for minority women, and non -minorily group employees Currently engaged in each groups and women within the unions, and to effect referrals by such work classification required by the contract work. This information is to unions of minority and female employees. Actions by he contractor c` ii Page 2 of 8 REQUIRED BY 23 CFR 633.102 •- • ( , be reporte on Form FHWA -1391. 11 on•the job training is being regeired c. All rulings and interpretations of the Davis•Bacon Act and by special revision, the contractor will be required to collect and report related acts contained (n 29 CFR 1, 3, and 5 are herein incorporated by training da . reference in this Agreement. III. NONS REGATED FACILITIES 2. Classlllcation: (Applica !e to all Federal -aid construction contracts and to all related a. The SHA contracting officer shall require that any class of subcontracts of $10,000 or more.) laborers or mechanics employed under the contract, which is not listed in the wage determination; shall be classified in conformance with the a. B submission of this bid, the execution of this Agreement or we determination. subcontrac or the consummation of this material supply agreement or purchase rder, as appropriate. the bidder, Federal -aid construction b. The contracting officer shall approve an addfional contractor, ubcontractor, material supplier, or vendor. as appropriate, classilication, wage rate and fringe benefits only when the following certifies tit the firm does not maintain or provide for its employees any criteria have been met: segregated facilities at any of its establishments, and that the Ifm does not permit' employees to perform their services at any location, under (1) the work to be performed by the additional classification its control, here segregated facilities are maintained. The firm agrees requested Is not performed by a classification in the wage determination: that a bred 1 01 this certification is a violation of the EEO provisions of this Agree .nt. The firm further certifies that no employee will be denied (2) the additional classification is utilized in the area by the access to a equate facilities on the basis of sex or disability. construction industry: b. A used in title certification, the term "segregated facilities" (3) the proposed wage rate, including any bona fide fringe means any wailing rooms, work areas, restrooms and washrooms, benefits, bears a reasonable relationship to the wage rates contained in restaurants nd other eating areas, timoclocks, locker rooms, and other the wage determination; and storage or essing areas, parking Tots, drinking fountains, recreation or entertainme t areas, transportation, and housing facilities provided for (4) with respect to helpers, when such a classification employees ich are segregated by explicit directive, or are, in fact, prevails in the area in which the work is perlorrned. segregated n the basis of race, color, religion, national origin, age or disability, cause of habit, local custom, or otherwise. The only c. I( the contractor or subcontractors, as appropriate, the laborers exception II be for the disabled when the demands for accessibility and mechanics (if known) to be employed in the additional classilication override (e. disabled parking). or their representatives, and the contracting officer agree on the classilication and wage rate (including the amount designated for fringe c. The c tractor agrees that it has obtained or will obtain identical benefits where appropriate), a report of the action taken shall be sent by certification om proposed subcontractors or material suppliers prior to the contracting officer to the DOL, Administrator of the Wage and Hour award of su onlracts or consummation of material supply agreements Division, Employment Standards Administration, Washington, D.C. of $10,000 o more and That it will retain such certifications in its tiles. 20210. The Wage and Hour Administrator, or an authorized representa- tive, will approve, modify, or disapprove every additional classification IV. PAYMENIr OF PREDETERMINED MINIMUM WAGE action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional (Applicab e to all Federal -aid construction contracts exceeding time is necessary. $2,000 and lo all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are d. In the event the contractor or subcontractors, as appropriate, exempt.) the laborers or mechanics to be employed in the additional classification Of their representatives, and the contracting officer do not agree on the t .Genera : proposed classilication and wage rate (including the amount designated • for fringe benefits, where appropriate), the contracting officer shall refer a. All echanics and laborers employed or working upon the site the questions, including the views of all interested parties and the of the work ill be paid unconditionally and not Tess often than once a recommendation of the contracting officer, to the Wage and Hour week and hout subsequent deduction or rebate on any account Administrator for determination. Said Administrator, or an authorized [except such 'ayroll deductions as are permitted by regulations (29 CFR representative, will Issue a determination within 30 days of receipt and 3) issued by e Secretary of Labor under the Copeland Act (40 U.S.C. so advise the contracting officer or will notify the contracting officer 276c)) the ful amounts of wages and bona fide Iringe benefits (or cash within the 30 -day period that additional time is necessary equivalents 1 ereot) due at timo of payment. The payment shall be computed at age rates not less than those contained in the wage e. The wage rate (including fringe benefits where appropriate) determination of the Secretary of Labor (hereinafter "the wage determi• determined pursuant to paragraph 2c or 2d of this Section IV shall be . nation') whirl is attached hereto and made a part hereof, regardless of paid to all workers performing work in the additional classification from any contracts I relationship which may be alleged to exist between the the first day on which work is performed in the classilication. contractor or s subcontractors and such laborers and mechanics. The wage doterm( anon (Including any additional classifications and wage 3. Payment of Fringe Benefits: rates confer d under paragraph 2 of this Section IV and the DOL poster (WH -1 1) or Form FHWA•1495) shall be posted at all times by a. Whenever the minimum wage rate prescribed in the contract the coniracto and its subcontractors at the site of the work in a for a class of laborers or mechanics includes a fringe benefit which is not prominent an. accessible place where it can be easily seen by the expressed as an hourly rate, the contractor or subcontractors, as workers. For to purpose of this Section, contributions made or costs appropriate, shall either pay the benefit as staled in the wage reasonably an cleated for bona fide fringe benefits under Section 1(b)(2) determination or shall pay another bona tide Iringe benefk or an hourly of the Davis - acon Act (40 U.S.G. 276a) on behalf of laborers or case equivalent thereof. mechanics ar considered wages paid to such laborers or mechanics, . subject to the •rovisions of Section IV, paragraph 3b, hereof. Also, for b. If the contractor or subcontractor, as appropriate, does not the purpose of this Section, regular contributions made or costs incurred make payments to a trustee or other third person, he/she may consider for more than : weekly period (but not less often than quarterly) under as a part of the wages of any laborer or mechanic the amount of any plans, funds, • programs, which cover the particular weekly period, are costs reasonably anticipated in providing bona fide lringe benefits under deemed to b. constructively made or incurred during such weekly a plan or program, provided, that the Secretary of Labor has found, upon period. Such I • orers and mechanics shall be paid the appropriate wage the written request of the contractor, That the applicable standards of the rate and fringe benefits on the wage determination for the classification Davis -Bacon Act have been met. The Secretary of Labor may require of work actual) performed, without regard to skill, except as provided in the contractor to set aside in a separate account assets for the meeting paragraphs 4 . d 5 of this Section IV. of obligations under the plan or program. b. Labo ere or mechanics performing work in more than one 4, Apprentices and Trainees (Programs of the U.S. DOL) and classification ay be compensated at the rate specified for each Helpers: classification 1. r the time actually worked therein, provided, that the employer's pa ell records accurately set forth the time spent in each a. Apprentices: classification in hicb work is performed, (1) Apprentices will be permitted to work at foss than the predetermined rate for the work they performed when they are employed • Page 3 of 8 REQUIRED BY 23 CFR 633.102 •• , 1 i 'i i o pursuant to end individually registered in a bona fide apprenticeship program registered with the DOL. Employment and Training c. Helpers: Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is Helpers will be permitted to work on a project if the helper o employed in hisrrier first 90 days of probationary employment as an claasilicalion is specified and defined on the applicable wage determine. apprentice in such an apprenticeship program, who is not individually lion or is approved pursuant to the conformance procedure set forth in registered in the program. but who has been certified by the Bureau of Section IV.2. Any worker listed on a payroll al a helper wage rate, who is Apprenticeship and Training or a Slate apprenticeship agency ;where not a helper under a approved definition, shall be paid not less than the !: appropriate) to be eligible for probationary employment as an applicable wage rate on the wage determination for the classification of apprentice. work actually performed. ; o (2) The allowable ratio of apprentices to Icurneymandevel 5. A employees on the job site in any craft classification shalt not be greater PPrentices and Trainees (Programs of the U.S, DOT): fi than the ratio permitted to the contractor as to the entire work force Apprentices and trainees working under apprenticeship and skill under the registered program. Any employee listed on a payroll at an training programs which have been certified by the Secrolary of u apprentice wage rate, who is not registered or otherwise employed as Transportation as promoting EEO in connection with Federal-aid r: slated above, shall be paid not less than the applicable wage rate listed highway construction programs are not subject to the requirements of in the wage determination for the classification el work actually paragraph 4 of This Section IV. The straight time hourly wage rates for Iy o performed. in addition, any apprentice performing work on the job site in apprentices and trainees under such programs will be established by the ); excess of the ratio permitted under the registered program shall be paid particular programs. The ratio of apprentices and trainees to journeymen (i not less than the applicable wage rate on the wage determination for the shall not be greater than permitted by the terms of the particular t; work actually performed. Where a contractor or Subcontractor is program. G' performing construction on a project in a locality other than that In which it its program is registered, the ratios and wage rates (expressed in 6. Withholding: percentages of the journeyman level hourly rate) specified in the r. contractor's or subcontractor's registered program shall be observed. The SHA shall upon its own action or upon written request of an ( authorized representative of the DOL withhold, or cause to be withheld, K ,(3) Every apprentice most be paid at not less than the rate from the contractor or subcontractor under this Agreement or any other specified In the registered program for the apprentice's level of progress, Federal contract with the same prime contractor, or any other Federally. (' expressed as a percentage of the journeyman -level hourly rate specified assisted contract subject to Davis -Bacon prevailing wage requirements in the applicable wage determination. Apprentices shall be paid fringe which is held by the same prime contractor, as much of the accrued benefits in accordance with the provisions of the apprenticeship payments or advances as may be considered necessary to pay laborers i O program. II the apprenticeship program does not specify fringe benefits, and mechanics, including apprentices, trainees, and helpers, employed apprentices must be paid the full amount of fringe benefits listed on the by 1118 contractor or any subcontractor the full amount of wages required o wage determination for the applicable classification. If the Administrator by the contract. In the event of failure to pay any laborer or mechanic, for the Wage and Hour Division determines that a different practice including any apprentice, trainee, or helper, employed or working on the b prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to. the contractor, take such action as may be necessary to cause the suspension of any further (.' (4) In the even) the Bureau of Apprenticeship and Training, payment, advance, or guarantee of funds until such violations have or a Slate apprenticeship agency recognized by the Bureau, withdraws ceased. approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at loss than the 7. Overtime Requirements: t. applicable predetermined late for the comparable work performed by k regular employees until an acceptable program is approved. No contractor or subcontractor contracting for any part of the b. Trainees; contract work which may require or involve the employment of laborers, O mechanics. watchmen. or guards (including apprentices, trainees. and helpers described in paragraphs 4 and 5 above) shall require or permit j (1) Except as provided in 29 CFR 5.16, trainees will not be any laborer, mechanic, watchman, or guard in any workweek in which permitted to work at less than the predetermined rate for the work he/she is employed on such work, to work in excess of 40 hours in such it . performed unless they are employed pursuant to and individually workweek unless such laborer, mechanic, watchman, or guard receives registered in a program which has received prior approval, evidenced by compensation at a rate not less than one - and - one-half times hlsRrer' ii ^' formal certification by the DOL, Employment and Training basic rate of pay for all hours worked in excess of 40 hours in such Administration. workweek. 3 r,, (2) The ratio of trainees to journeymamlevel employees on 8. Vfolaflon: 111e job site shall not be greater than permitted under the plan approved O O by the Employment and Training Administration. Any employee listed on Liability for Unpaid Wages; Liquidated Damages: In the event of any t the payroll al a trainee rale who is not registered and participating in a violation of the clause sel forth in paragraph 7 above, the contractor and j°, training plan approved by the Employment and Training Administration any subcontractor responsible thereof shalt be liable to the affected shall be paid not less than the applicable wage rate on the wage employee for his/her unpaid wages. In addition, such contractor and b, determination for the classification of work actually performed. In subcontractor shall be liable to the United States (in the ease oI work addition, any trainee performing work on the job site in excess of the done under contract for the District of Columbia or a territory, to such ratio permitted under the registered program shall be paid not less than District or 10 such territory) for liquidated damages. Such liquidated the applicable wage rate on the wage determination for the work actually damages shall be computed with respect to each individual laborer, performed. mechanic, watchman, or guard employed in violation of the clause sot forth in paragraph 7, in the sure of 510 for each calendar day on Which (3) Every trainee must be paid at not less loan the rate such employee was required or permitted to work in excess of the is specified in the approved program for his/her level of progress, standard work week of 40 hours without payment of the overtime wages expressed as a percentage of the journeyman -level hourly rate specified required by the clause set lorth in paragraph 7. in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. II the 9. Withholding for Unpaid Wages and Liquidated Damages: trainee program does not mention fringe benefits, trainees shall be paid the lull amount of fringe benefits listed on the wage determination unless The SHA shall upon its own action or upon written request of any the Administrator of the Wage and Hour Division determines that there is authorized representative of the DOL withhold, or cause to be withheld, o an apprenticeship program associated with the corresponding from any monies payable on account of work performed by the journeyman-level wage rate on the wage determination which provides contractor or subcontractor under any such contract or any other e for less than full fringe benefits for apprentices, in which case such Federal contract with the same prime Contractor, or any other Federally- (` trainees shall receive the same fringe benefits as apprentices. assisted contract subject to the Contract Work Hours and Safety i Standards Act, which is held by the same prime contractor, such sums o (4) fn the event the Employment and Training Administration as may be determined to be necessary to satisfy any liabilities of suet) withdraws approval of a training program, the contractor or contractor or subcontractor for unpaid wages and liquidated damages as subcontractor will no longer be permitted to utilize trainees at less than provided in the clause set forth in paragraph 8 above. the applicable predetermined rate for the work performed until an j, acceptable program is approved. 1,' Page 4 of 8 REQUIRED BY 23 CFR 633.102 -- 1 V. STATEMENTS AND PAYROLLS f- The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and (Apptic le to all Federal -aid construction contracts exceeding S2,000 31 U.S.C. 231. and to all elated subcontracts, except for projects located on roadways classified s local roads or rural collectors, which are exempt.) g. The contractor or subcontractor shall make the records • required under paragraph 2b of this Section V available for inspection, 1. Com (lance with Copeland Regulations (29 CFR 3): copying, or transcription by authorized representatives of the SHA, the %' FHWA, or the DOL, and shall permit such representatives to interview The co rector shall comply with the Copeland Regulations of the employees during working hours on the job. 11 the contractor or Secretary f Labor which are herein incorporated by reference. subcontractor tails to submit the required records or to make them available, the SHA, the FHWA. the DOL. or ail may, after written notice 2. Payr Is and Payroll Records: to the contractor, sponsor. applicant, or owner, take such actions as may necessary a. ayrolls and basic records relating thereto shall be or guarantee funds. Fu the submit th a gauired e maintained by the contractor and each subcontractor during the course records upon request or to make such records available may be grounds of the wor and preserved for a period of 3 years from the dale of for debarment action pursuant to 29 CFR 5.12. completion of the contract for all laborers, mechanics, apprentices, trainees, wjlchmen, helpers, and guards working at the site of the work. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR b. Into payroll records shall contain the name, social security 1. On all Federal•aid contracts on the National Highway System. number. a d address of each such employee; his or her correct except those which provide solely for the installation of protective classilicatio ; hourly rates of wages paid (Including rates of contributions devices at railroad grade crossings.. those which are constructed on a or costs a icipated for bona fide fringe benefits or cash equivalent force account or direct labor basis. highway beautification contracts, and Thereof the ypes described in Section 1(b)(2)(13) of the Davis Bacon contracts for which the total final construction cost for roadway and A • ct); daily d weekly number of hours worked: deductions made; and bridge is loss than $1,000,000 (23 CFR 635) the contractor shall: actual wag paid. In adcition, for Appalachian contracts, the payroll records she contain a notation indicating whether the employee does, a, Become familiar with the list 01 speCHiC materials and • or does not normally reside In the labor area as delined in Attachment supplies contained in Form FHWA -47, "Statement of Materials and A, paragrap 1. Whenever the Secretary of Labor, pursuant to Section Labor Used by Contractor of Highway Construction Involving Federal IV, paragra. 3b, has found That the wages of any laborer or mechanic Funds;' prior to the commencement of work under this Agreement. include 515 •mount of any costs reasonably anticipated in providing • benefits un. -r a plan or program described in Section 1(b)(2)(6) of the b. Maintain a record of the total cost of all materials and !' Davis Baca Acl, the contractor and each subcontractor shall maintain supplies purchased for and incorporated in the work, and also el the ,, r records whi 11 show that the commitment to provide such benefits is p enforceable, that the plan or program is financially responsible, that the 17, and in the h units ss s „own on Form FHWA•tijhies listed on Form FHWA plan or prog am has boon communicated in wriline to the laborers or mechanics • fected, and show the cost anticipated or the actual cost c. Furnish, upon the completion o1 the contract, to the SHA incurred in . oviding benefits. Comractors or subcontractors employing resident engineer on Form FHWA•47 together with the data required in apprentices r Trainees under approved programs shall maintain written paragraph lb relative to materials and supplies, a final labor summary of evidence of 1e registration of apprentices and trainees, and ratios and all contract work indicating the total hours worked and the total amount wage rates p escribed in the applicable programs. earned. , c. Ea. contractor and subcontractor shall furnish, each week in 2. At the prime contractor's option, either a single report covering all which any c. tract work is performed, to the SHA resident engineer a contract work or separate reports for the contractor and for each • payroll of w. gas paid each of its employees (including apprentices, subcontract shall be submitted. trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen a • guards engaged on work during the preceding weakly VII. SUBLETTING OR ASSIGNING THE CONTRACT payroll patio )• The payroll submitted shall set out accurately and completely a 1 of the Information required to be maintained under 1. The contractor shall perform with its own organization centred paragraph 2. of this Section V. This information may be submitted in work amounting to no1 less than 30 percent (or a greater percentage if any form dos red. Optional Form WH -347 is available for this purpose specified elsewhere in the contract) of the total original contract price, and may be . rchased from the Superintendent of Documents (Federal excluding any specialty items designated by the State. Specially /terns stock numb 029.005. 0014.1). U.S. Government Printing Office, may be performed performe b y subcontract and the amount of any such specialty Washington, r.C. 20402, The prime contractor is responsible for the items performed may be deducted from the local original contract price price submission of copies of payrolls by all subcontractors, before .computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). d. Eaci payroll submitted shall be accompanied by a "Statement of Complianc ;' signed by the contractor or subcontractor or his/her a. "Its own organization” shall be construed to include only agent who p: s or supervises the payment of the persons employed workers employed and paid directly by the prime contractor and under the con act and shall certify the following: equipment owned or rented by the prime contractor, with or without 0 rlr eao . p s Such term does not include employees or equipment of a • (1) that the payroll for the payroll period contains the subcontractor; assignee, or agent of the prime contractor. information r•.•uired to be maintained; under paragraph 2b 01 this Section V and hat such information is correct and complete; b. "Specialty Items' shall be construed to be limited to work • that requires• highly specialized knowledge, abilities, or equipment not (2) that such laborer or mechanic (including each helper, ordinarily available in the type of contracting organizations qualified and apprentice, a • trainee) employed on the contract during the payroll expected to bid on the contract as a whole and in general are to be period has . - -n paid the full weekly wages earned, without rebate, limited to minor components of the overall contract, either directly •• indirectly, and that rte deductions have been made either directly or indirectly from the full wages earned, other than 2. The contract amount upon which the requirements set forth in • permissible de uctions as set forth in that Regulations, 29 CFR 3; paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the • (3) rat each laborer or mechanic has been paid not less that contractor under the contract provisions. the applicable age rare and fringe benefits or cash equivalent for the • . classification o worked performed, as specified in the applicable wage 3. The contractor shall furnish (a) a competent superintendent or determination i corporated into the contract. supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who ii e. The •okly Submission of a properly executed Certification sot performs the work) and (b) such other of its own organizational forth 011 the r - arse side of Optional Form WI shall satisfy the resources (supervision, management, and engineering services) as the requirement fo subnission of the "Statement of Compfiance" required SHA contracting officer determines is necessary to assure the b • y paragraph 2• of this Section V. performance of the contract. 4- No portion of 1118 contract shall be sublet, assigned or otherwise Page 5of8 REQUIRED BY 23 CFR 633.102 -- I I • i. r • disposed of except with the written consent of the SHA contracting officer. or authorized representative, and such consent when given shall By submission of this bid or the execution of this Agreement, or t. k not be construed to relieve the contractor of any responsibility (or the subcontract, as appropriate, the bidder, FederaI.aid construction t fulfillment of the contract. Written consent will be given only after the contractor, or subcontractor, as appropriate, will be deemed to have SHA has assured that each subcontract is evidenced in writing and that stipulated as follows: t' if contains all pertinent provisions and requirements of the prime If contract. 1. That any facility that is or will be utilized in the performance of this • VIII. SAFETY: ACCIDENT PREVENTION Agreement, unless such contract is exempt under the Ctean Air Act, as amended (42 U.S.C. 1857 el mg., as amended by Pub,L. 91 604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1. In the performance of this Agreement the contractor shall comply /251 el seq., as amended by Pub.L. 92.500), Executive Order 11738, i;, with all applicable Federal, State, and local laws governing safety, and regulations in implementation thereof (40 CFR 15) is not listed, on is hearth, and sanitation (23 CFR 635). The contractor ehall provide all the date of contract award, on the U.S. Environmental Protection `. safeguards, safety devices and rotoetive equipment p and take any other Agency EPA Us of Vi 9 Y{ ) t Violating Facilities u needed actions as it determines or as 0 pursuant to 40 CFR 15.20. r the SHA contracting officer may determine to be reasonably easonably necessary to protect the life and health of 2. Thal the firm agrees to comply and remain in compliance with all the employees on the job and the safely of the public and to protect properly requirements of Section 114 of the Clean Air Act and Section 30B of the h in connection with the performance of the work covered by the contract, Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. r 2. II is a condition oI this Agreement, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this 3. Thai the lirni shall promptly notify the SHA of the receipt of any ir Agreement, That the contractor and any subcontractor shall not permit communication from the Director, Office of Federal Activities, EPA, any employee, in performance of the contract, 10 work in surroundings or Indicating teat a facility that is or will be utilized for the contract is under under conditions which are unsanitary, hazardous or dangerous to consideration to be listed on the EPA List of Violating Facilities. hisnher health or safely, as determined under construction safety and ., hearth standards (29 CFR 1926) promulgated by the Secretary of Labor, 4, That the firm agrees to include or cause. to be included the £ in accordance with Section 107 of the Contract Work Hours and Safety requirements of paragraph 1 through 4 of this Section X in every r .i Standards Act (40 U.S.C. 333). nonexempt subcontract, and further agrees to take such action as the :C government may direct as a means of enforcing such requirements, ). 3. Pursuant to 29 CFR 1926.3, 11 is a condition of this Agreement that • :r the Secretary of Labor or authorized representative thereof, shalt have XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, right of entry to any site of contract performance to inspect or i :westigale INELIGIBILITY AND VOLUNTARY EXCLUSION the matter of compliance with the Construction safely and health standards and to carry out the duties of the Secretary under Section 107 1. Instructions for Certification - Primary Covered Transactions: of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333), IX, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS (Applicable to all Federal -aid contracts • 49 CFR 29) i; n in order to assure high quality and durable construction in conformity primer a. By signing and submitting this proposal, the prospective it with approved plans and specifications and a high degree of reliability on Y Participant is providing the certification set out below. .. A statements and representations made by engineers, contractors, suppli. b. The inability of a person to provide the certification set out .. t. ers, and workers on Federal -aid highway projects, it is essential That all - below will not necessarily result in denial of participation in this covered G persons concerned with the project perform their functions as carefully, 1 , thoroughly, and honestly transaction. The prospective participant shaft submit an explanation of y as Y possible. Willful falsification, distortion, or why it cannot provide the certification set out below. The certification or misrepresentation with respect to any facts related to the project is a explanation will be considered in connection with She department or j s violation of Federal law. To prevent any misunderstanding regarding the agency's determination whether to enter into this transaction. However, seriousness of these and similar acts, the following notice shall be )allure of the prospective primary participant to furnish a certification or i' posted on each Fedoraf. aid highway project (23 CFR 635) in one or an explanation shall disqualify such a person from participation in this ri more places where If is readily available to all persons concerned with transaction. n the project: c. The certification fn this clause is a material representation of NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID fact upon which reliance was placed when the department or agency i HIGHWAY PROJECTS e determined to enter into this transaction. If it is later determined that the it prospective primary participant knowingly rendered an erroneous ; 18 U.S.C. 1020 reads as follows: certification, in addition to other remedies available to the Federal o Government, the department or agency may terminate this transaction II; "Whoever, being art officer, agent, or employee of the United States, for cause of default. f or of any Slate or Territory, or whoever, whether a person, association,, tent, or corporation, knowingly makes any false statement, false . d. The prospective rime P P primary participant shalt provide immediate representation, or false report as to the character, quality, quantity, or written notice to the department or agency to whom this proposal is ii cost of the material used or 10 be used, or the quantity et quality of the submitted 1 any time the prospective primary participant learns that its 1 work performed or to be performed. or the cost thereof In connection certification was erroneous when submitted or has become erroneous with the submission olplarts, reaps, specifications, contracts, or casts of by reason of changed circumstances. Y construction or, any highway or related project submitted for approval to the Secretary of Transportation; or e. The terms "covered transaction," "debarred," 'suspended," " ineligible," "lower tier covered transaction;' "participant," "person," Whoever knowingly makes any false statement, false representation, "primary covered Transaction" "principal," "proposal," and "voluntarily f' false report or false claim with respect to the character, quality, quantity, excluded," as used in this clause, have the meanings set out in the F. or cost of any work performed or to be performed, or materials furnished Definitions and Coverage sections of rules implementing Executive or to be furnished, in connection with the construction of any highway or Order 12549. You may contact the department or agency to which this related project approved by the Secretary of Transportation; or proposal , s submitted for assistance in obtaining a copy of those „ regulations. i' Whoever knowingly makes any !also statement or false 'i is representation as to material fact in any statement, certificate, or report 1. The prospective primary participant agrees by submitting this submitted pursuant to provisions of the Federal -aid Roads Act approved proposal that, should the proposed covered transaction be entered into, if July 1, 1916, (39 Stat. 355), as amended and supplemented; it shall not knowingly enter into any lower tier covered transaction with a • person who is debarred. suspended, declared ineligible, or voluntarily Shall be fined not more that 510,000 or imprisoned not more than 5 excluded from participation in this covered transaction, unless t years or both," authorized by the department or agency entering into this transaction. y X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL g. The prospective primary participant funhec agrees by f WATER POLLUTION CONTROL ACT submitting this proposal that it will include the clause titled "Certification I1 Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- i: (Applicable to all Federal -aid construction contracts and to all related Loiver Tier Covered Transaction," provided by the department or agency subcontracts of $104,000 or more.) C Pa 9 e 6 of 8 REQUIRED BY 23 CFR 633.102 -- • entering i to this covered transaction, without modification, in ell lower c. The prospective lower tier participant shalt provide immediate tier cover d transactions and in all solicitations for lower tier covered written notice to the person to which this proposal is submitted if al any transaclio s. time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. h. participant in a covered Iranseclion may rely upon a cenificatio of a prospective participant in a Power tier covered d. The terms "covered transaction," "debarred," "suspended," g ;ransactio That is not debarred, suspended, ineligible, or voluntarily "ineligible," excluded rom the covered transaction, unless it knows that the "prowl covered "v"voluntarily a ansex c o0.' "p as us in "person." this datums cenificatio is erroneous. A participanl may decide the method and have "principal," ream gssat out in the Definitions and Coverage sections of lrequeilcy by which it determines the eligibility of its principals. Each rules implementing Executive Order 12549. You may contact the person participant may, but is not required to, check the non - procurement to which this proposal is submitted for assistance in obtaining a copy of portion of he "Lisle of Parties Excluded From Federal Procurement or those regulations. Non -proeu ement Programs" (Non- procurement List) which is compiled by the Ge ral Services Administration. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, L N thing contained in the foregoing shall be construed to require it shall not knowingly enter into any lower tier covered transaction with a establishm nt of a system of records in order to render in good faith the person who is debarred, suspended, declared inetigible, or voluntarily certificatio required by this clause. The knowledge and information of excluded from participation in this covered transaction, unless participant not required to exceed that which is normally possessed by authorized by the department or agency with wtlich this transaction a prudent rson in the ordinary course of business dealings, originated. j. E ept for transactions authorized under paragraph 1 of these f. The prospective lower tier participant further agrees by Instructions if a participant In a Covered transaction knowingly enters submitting this proposal that it will Include this clause titled'Cenification into a low tier covered transaction with a person who is suspended, Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- debarred, i eligible, or voluntarily excluded Prom participation in this Lower Tier Covered Transaction," without modification, in all tower tier transaction, in addition to other remedies available to the Federal covered transactions and in all solicitations for lower tier covered Governmen , the department or agency may lerrninate this transaction transactions. for cause o defatdt, g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily '''lll excluded from the covered transaction, unless it knows that the Cerllficat n Regarding Debarment, Suspension, Ineligibility and certification is erroneous. A participant may decide the method and Vol ntary Exclusion••Primary Covered Transactions frequency by which it determines the eligibility of its principals. Each participant may but is not required lo, check the Non - procurement List. 1. The primary participant certifies to the best of its knowledge and belief, That it end Its principals: h. Nothing contained in the loregoing shall be construed to a. A not presently debarred, suspended, proposed for require establishment of a system of records in order to render in good p pro faith the certification required by this clause. The knowledge and debarment, eclared ineligible, or voluntarily excluded from covered information of participant Is not required to exceed that which is normalcy transactions y any Federal department or agency; possessed by a prudent person to the ordinary course of business dealings. b. Ha e not within a 3 -year period preceding this proposal been • convicted of or had a civil judgment rendered against them for I, Except for transactions authorized under paragraph a of these commission 1 fraud or a criminal offense in connection with obtaining, instructions, if a panicipant in a covered transaction knowingly enters attempting t obtain, or performing a public (Federal, Slate or local) into a lower tier covered transaction with a person who is suspended, transaction o contract under a public transaction; violation of Federal or debarred, ineligible, or voluntarily. excluded from participation in this State antitrus statutes or commission of embezzlement, theft, forgery, transaction, in addition to other remedies available to the Federal bribery, (atsif alien or destruction of records, making false statements, Government, the department or agency with which this transaction or receiving s len property; originated may pursue available remedies. including suspension and /or debarment. c. Are tot presently indicted for or otherwise criminaly or civilly charged by governmental entity (Federal, State or local) with commission a any of the offenses enumerated in paragraph tb of Ibis certification; a d . Certification Regarding Debarment, Suspension, Ineligibility and d. H e not within a 3 -year period preceding this Voluntary Exclusion —Lower Tier Covered Transactions: application /pr oral had one or more public transactions (Federal, State or local) temti ated for cause or default. 1, The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, 2. Where t e prospective primary participant is unable to certify to suspended, proposed for debarment, declared Ineligible, or voluntarily any of the st ements in this certification, such prospective participant excluded lrorn participation in this transaction by any Federal shall attach an xplanation to this proposal. department or agency, 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant • 2. Instruogons for Certification • Lower Tier Covered Transact- shall attach an explanation to this proposal. tons: (Applicable all subcontracts, purchase orders and other lower tier XII. CERTIFICATfON REGARDING USE OF CONTRACT FUNDS OR i transactions of 25,000 or more - 49 CFR 29) LOBBYING a. By si ing and submitting this proposal, the prospective lower (Applicable to all Federal -aid construction contracts and to all related tier is providing he Certification set out below, subcontracts which exceed $100,000 • 49 CFR 20) b. The rtificalon in this clause is a material representation of 1. The prospective participant certifies, by signing and submitting this • fact upon whi reliance was placed when this transaction was entered bid or proposal, to the best of his or tier knowledge and belief, that: • into. If it is tat determined that the prospective lower tier participant knowingly rend red an erroneous certification. in addition to other a. No Federal appropriated funds have been paid or will be paid, remedies avai bte to the Federal Government, the department, or by or on behalf of the undersigned, to any person for influencing or agency with wt 'oh this transaction originated may pursue available attempting to influence an officer or employee of any Federal agency, , a remedies, inclu rig suspension and /or debarment. Member of Congress, an officer or employee of Congress, or employee of a Member of Congress in connection with the awarding of Page 7 of 8 REQUIRED BY 23 CFR 633.102 -- any Federal contract, the making of any Federal grant, the making of 2 This certification is a material representation of fact upon which any Federal loan, the entering into of any cooperative agreement, and reliance was placed when this transaction was made or entered into. the extension, continuation, renewal, amendment, or modification oI any 2. Submission of This certification is a prerequisite for making or entering Federal contract, grant, loan, or cooperative agreement. into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty oI not less b. If any funds other than Fodor appropriated funds have been than $10,000 and nol more than $100,000 for each such failure. paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of 3. The prospective participant also agrees by submitting his or her bid or Congress, an officer or employee of Congress, or an employee of a proposal that he or she shall require that the language of this Member of Congress in connection with this Federal contract, grant, certification be included in all lower tier subcontracts, which exceed g loan, or cooperative agreement, the undersigned shall complete and 5100.000 and that all such recipients shall certify and disclose submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordingly o accordance with its instructions. { F f lr; C i, • • rr Page 8 of 8 REQUIRED BY 23 CFR 633.102 •- 36. EXHIBIT J — FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: A. ,Jniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule) the "Uniform Administrative Requirements for Agreements and Cooperative Agreements to tate and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, xcept to the extent that other applicable federal requirements (including the provisions of 23 FR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore Supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: i. the Local Agency /Contractor shall follow applicable procurement procedures, as required by section 18.36(d); If. the Local Agency /Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30; 111. the Local Agency /Contractor shall comply with section 18.37 concerning any sub- ! Agreements; iv. to expedite any CDOT approval, the Local Agency /Contractor's attorney, or other authorized representative, shall also submit a letter to CDOT certifying Local Agency /Contractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 sub - Agreement procedures, as applicable; fr. the Local Agency /Contractor shall incorporate the specific contract provisions described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B. E ecutive Order 11246 E ecutive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as a ended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (Alt construction contracts awarded in excess of $ 0,000 by the Local Agencys and their contractors or sub -the Local Agencys). C. C. peland "Anti - Kickback" Act T e Copeland "Anti- Kickback" Act (18 U.S.C, 874) as supplemented in Department of Labor re ! ulations (29 CFR Part 3) (All contracts and sub - Agreements for construction or repair), D. D. vis -Bacon Act T - Davis -Bacon Act (40 U.S.C. 276a to a -7) as supplemented by Department of Labor re',ulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the Local A• -ncys and sub -the Local Agencys when required by Federal Agreement program legislation. Th s act requires that all laborers and mechanics employed by contractors or sub - contractors to wit k on construction projects financed by federal assistance must be paid wages not less than these established for the locality of the project by the Secretary of Labor). E. Co tract Work Hours and Safety Standards Act Se tions 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 - 331i) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction co tracts awarded by the Local Agencys and sub -the Local Agencys in excess of $2,000, and in ex•ess of $2,500 for other contracts which involve the employment of mechanics or laborers). F. CIe: r Air Act Sta dards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 18'7(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and En ironmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and su • Agreements of amounts in excess of $100,000). G. En: rgy Policy and Conservation Act L awamenaliesse Page 3of3 j it • i Mandatory standards and policies relating to energy efficiency which are contained in the state i' energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163). H. OMB Circulars Office of Management and Budget Circulars A -87, A -21 or A -122, and A -102 or A -110,' whichever is applicable. I. Hatch Act r The Hatch Act (5 USC 1501 -1508) and Public Law 95 -454 Section 4728. These statutes state r that federal funds cannot be used for partisan political purposes of any kind by any person or I organization involved in the administration of federally- assisted programs. r J. Nondiscrimination 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80 et. seq. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in i> any program or activity funded, in whole or part, by federal funds. K. ADA The Americans with Disabilities Act (Public Law 101 -336; 42 USC 12101, 12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 1 - 12189, 12201 -12213 47 USC 225 and 47 4 1218 USC 611. L. Uniform Relocation Assistance and Real Property Acquisition Policies Act ' f± The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended e (Public Law 91 -646, as amended and Public Law 100 -17, 101 Stat. 246 -256). (If the contractor ., is acquiring real property and displacing households or businesses in the performance of the Agreement). M. Drug -Free Workplace Act The Drug -Free Workplace Act (Public Law 100 -690 Title V, subtitle D, 41 USC 701 et see,). N. Age Discrimination Act of 1975 The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing • '. regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as F amended, and implementing regulation 45 C.F.R. Part 84. O. 23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts ". Vi P. 23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction E' Contracts ". , O. C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions ". • R. Title VI of the Cfvii Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof. S. Nondiscrimination Provisions: • " S. Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: i. Compliance with Regulations ` ' The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations "), which are herein incorporated by reference and made a part of this Agreement. Page 2 of 3 a