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HomeMy WebLinkAboutC12-240 CDOT Dotsero Roundabout Trail and Maintenance Services (Local $CDOTWRK • PROJECT #CC C440-009(19009) CMS ROUTING #12 HA3 43457 • REGION 3 (PCO) SAP O/L# 331000536 CONTRACT • THIS CONTRACT made this day of 20 , by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and EAGLE COUNTY, 500 Broadway, PO Box 850, Eagle , Colorado, 81631, CDOT Vendor #: 2100124, hereinafter referred to as the "Contractor" or the "Local Agency." RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Function «», GL Acct. «», WBS Element or Cost Center <<>>, (Contract Encumbrance Amount: $0.00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. • • 3. Pursuant to 43 -2 -104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4. Local Agency anticipates a project for upgrading the I -70 Frontage Road and the Colorado River Road from a two (2) way stop to a roundabout. The Local Agency and CDOT and by the date of • execution of this contract, the Local Agency and /or the State has completed and submitted a preliminary version of CDOT form #463 describing the general nature of the Work. The Local Agency understands that before the Work begins; the Local Agency must receive an official written "Notice to Proceed" prior to commencing any part of the Work. The Local Agency further understands, before the Work begins, the form #463 may be revised as a result of design changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in form #463, as it may be revised. 5. The Local Agency has made funds available for project #CC C440-009 (19009) which shall consist of the upgrading ofthe intersection of the 1 -70 Frontage Road and the Colorado River Road from a two (2) way stop to a roundabout referred to as the "Project" or the "Work." Such Work will be performed in Eagle County Colorado, specifically described in Exhibit A. 6. The Local Agency has funds available and desires to provide 100% ofthe funding for the Work. Page 1 of 11 7. The Local Agency has estimated the total cost of the Work and is prepared to provide the funding required for the Work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the Work under the project. 8. This contract is executed under the authority of §§ 29 -1 -203, 43 -1 -110; 43 -1 -116, 43- 2- 101(4)(c) and 43 -2 -144, C.R.S.. 9. The parties hereto desire to agree upon the division of responsibilities with regard to the project. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project, or the Work, under this contract shall consist The Project or the Work under this contract shall consist of the upgrading of the intersection of the 1 -70 Frontage Road and the Colorado River Road from a two (2) -way stop to a roundabout Eagle County, Colorado, as more specifically described in Exhibit A. Eagle county and CDOT shall also perform the "maintenance services" for the 1 -70 Dotsero Roundabout and the Multi -Use Trail also specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. This contract 2. Exhibit A (Scope of Work) 3. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and • final acceptance of the Project by the State, FFIWA and the Local Agency. Section 4. Project Funding Provisions • A. The Local Agency has estimated the total cost of the Work and is prepared to provide the funding for the Work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the project Page 2 of 11 • B. The Local Agency has estimated the total cost of the Work to be $388,200.00 which is to be funded as follows: a. Local Agency Funds $388,200.00 Total Funds: $388,200.00 C. The maximum amount payable by the Local Agency under this contract shall be $388,200.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data • • as approved at the time of execution of this contract, and that such cost is subject to revisions (in • accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from local sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not he relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Section 5. Project Payment Provisions A. The Local Agency will reimburse the State for incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the teinls and conditions of this contract. B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). • 2. If the Local Agency fails to make timely payment to the State as required by this • section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. Page 3 of 11 C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format. Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checklist in Exhibit C describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit C. A. Design [if applicable] 1. If the Work includes preliminary design or final design (the "Construction Plans "), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans "), the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. d. include details of any .required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. B. Construction [if applicable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Local Agency Contract Administration Checklist. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract Page 4 of 11 • • payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA /CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. 2. If the State is the responsible party: a. it shall appoint a qualified professional engineer, Iicensed in the State of • Colorado, as the State Agency Project Engineer (SAPE), to perform that administration. The SAPE shall administer the project in accordance with • this contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, the State shall, in conjunction with the Local Agency, advertise the call for bids and upon concurrence by the Local Agency will award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction of a federal- aid project, the State shall comply with applicable requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24 -92 -101 et seq. Those requirements include, without limitation, that the • State /contractor shall incorporate Form 1273 in its entirety verbatim into any subcontract(s) for those services as terms and conditions • therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare its concurrence or non- concurrence - within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for • • • that purpose, if required to complete the Work under this project ifno • additional federal -aid funds will be made available for the project. c. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), • rather than by a competitive bidding process, the State will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. Section 7. ROW Acquisition and Relocation If the Project includes right of way, prior to this project being advertised for bids, the Page 5of11 Responsible Party will certify in writing to the State that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. Any acquisition /relocation activities must comply with: all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91 -646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy and Procedural Directives. Allocation of Responsibilities are as follows: • Federal participation in right of way acquisition (3111 charges), relocation (3109 • charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way — 3114 charges); • • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or • No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual.The manual is located at http: / /www.dot.state.co.us/ROW Manual /. • If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall inunediately convey title to such right of way to CDOT after the local agency obtains title. Section 8. Utilities If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the .Responsible Party will certify in writing that all such clearances have been obtained. Section 9. Railroads In the event the Project involves modification of a railroad company's facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal -aid projects involving railroad facilities, including: Page 6of11 • • 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the Work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and /or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The State shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 11. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the State, FHWA and in accordance with Exhibit A. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the Local Agency's obligations to maintain such improvements. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The State shall maintain such records for a period of three (3) years after the .date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and FHWA to inspect the project and to inspect, review and audit the project records. Section 13. Termination Provisions This contract may be terminated as follows: A. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice oftennination to the Local Agency and specifying the effective date thereof, at least twenty (20) days Page7ofll • before the effective date of such termination. • B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to teminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract.. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by -laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the States Region Director, Region 3,222 South Sixth Street, Room 317, Grand Junction, Colorado 8150 L Said Region • Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All • conununications relating to the day -to -day activities for the work shall be exchanged between representatives of the State's Transportation Region 3 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. • Page8ofll • If to the State: If to the Local Agency: Siri Roman Eva Wilson Project Manager County Engineer CDOT Region 3 Eagle County Building 714 Grand Avenue 500 Broadway PO Box 298 PO Box 850 Eagle, Colorado 81631 Eagle, Colorado 81631 (970)328 -6385 (970)328 -3560 Section 16. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terns and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 18. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24 -10 -101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24 -10 -101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24 -30 -1501, et seq., C.R.S., as now or hereafter amended. Section 19. Severability To the extent that this contract may be executed and perforrnance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any terns or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver Page 9 of 11 • The waiver of any breach of a term, provision, or requirement of this contract shall not be • • construed or deemed as a waiver of any subsequent breach of such terns, provision, or requirement, or of any other term, provision or requirement. Section 21. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State .Fiscal Rules. Section 22. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 24. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 3 0 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Page 1 0 of 1 1 THE PARTIES HERETO HAVE EXECUTED TIIIS CONTRACT CONTRACTOR: STATE OF COLORADO: JOHN W. HICKENLOOPER GOVERNOR EAGLE COUNTY Legal Name of Contracting Entity By l Timothy J. Harris, P.E., Chief Engineer 2100124 CDOT Vendor Number /el/ / Signature of Authorized ( ‹er Print Name & Title of A thorized Officer CORPORATIONS: (A corporate seal or attestation is required.) CI co Attest (Seal) By - (Corporate Secretary o quivalent, or Tow ounty Clerk) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: DAVID J. MCDERMOTT, CPA By f} Date Page 11 of 11 Exhibit A FORM 463 or SCOPE OF WORK COLORADO DEPARTMENT OF TRANSPORTATION Orig.Date: 04/05/2012 Project Code # (SA #): 19009 STIP #: SIN7015 DESIGN DATA Rev.Date: Project #: CC C440-009 Revision #: 0 PE Project Code: Page 1 to 3 Region #: 03 Project Description: ! -70 Frontage - Dotsero Status: ® Preliminary ❑ Final ❑ Revised Roundabout -Trail County: 037 Submitted By PM: ROMANS Approved by Program Engineer: Date: Municipality: Dotsero System Code: N -NHS Non - Interstate Revised by: Oversight By: Delegated /State Administered Date_ Planned Length: .0.420 Geographic Location: MP133.31 - 133.73170 FRONTAGE RD DOTSERO, EAGLE COUNTY Type of Terrain: Mountainous Description of Proposed Constructionllmprovement(Attach map showing site location) ROUNDABOUT INTERSECTION UPGRADE AND MULTI - USE TRAIL PLATFORM ill Project Characteristics (Proposed) Median (Type): ❑ Depressed p ❑ Painted ❑ Raised ❑ None ❑ Lighting ❑ Handicap Ramps ❑ Traffic Control Signals ❑ Striping ❑ Curb and Gutter ❑ Curb Only ❑ Left-Turn Slots ❑ Continuous Width= ❑ Sidwalk Width= ❑ Bikeway Width = [_j Right -Turn Slots ❑ Continuous Width= ❑ Parking Lane Width = ❑ Detours Signing ❑ Construction ❑ Permanent ❑ Landscaping requirements (description): ❑ Other (description): •Right of Way Yes /No Est. # Utilities (list names of known utility companies) ROW &/or Perm. Easement Required No Relocation Required No Temporary Easement Required: No Changes in Access: No Changes to Connecting Roads: No Railroad Crossings # of Crossings: Recommendations : Environmental Type: . I Approved On: Project Code # Cleared Under. Project # Cleared Under: P -CE Programmatic Comments: Coordination ❑ Withdrawn Lands (Power Sites, Reservoirs, Etc.) Cleared through BLM or Forest Office Irrigation Ditch Name: • ❑ New Traffic Ordinance Required ❑ Modify Schedule of Existing Ordinance Muncipality: Dotsero Other: • ri Construction Method Advertised By: NoAd Reason: Entity / Agency Contact Name: Phone #: State • gi Safety Considerations Project Under: Guardrail meets current standards: No ❑ Variance In Minimum Design Standards Required ❑ Safety project not all standards Comments: ❑ Justification Attached ❑ Request to be Submitted addressed ❑ Bridge(see item 12) fl See Remarks ❑ Stage Construction (explain in remarks) 3R projects Safety Evaluation Complete (date): � m g E m `� ° 11111111111111111 ❑p N p ®111111111111111 ro m III 11111111011111 1111110 111111111111 111 oa 111111111111 1110 l i 1 1111111111 S 110111111 1111 ®1111111111 O a❑ II oIuIllllll U � 0111111101 � ®c llllllllll 1 ❑ m t lir ®!1111111111= 11111111111U ®!1111 c, on r 111111 IIIiiIIiiIU, <,;3D 1 i. 1111111111111110 � i � 111111111111W11111 ❑❑ a IiJIIlIlIl1IIIlIIll 1I ❑❑- �®11111111111J11111 m a • o p `m Q N � � G' j d yy--�� D C {jj � () N N 'Y3 V a m Gi U v 5 R a N N m -� (n 'v Q • m c v c o c > uy e M E � v o U CS � � a� c . U F �-' 4- a h d rn � � .MI■O.I, Page 3 of 3 Project Code #(SA #): Project #: Revise Date: 19009 CC C440-009 Major Structures S• to stay, R= to be removed, P= proposed new structure Reference Standard Structure Structural Horizontal Vertical Year • Structure ID# • Length Point Feature Intersected Width Roadway Capacity Clearance Clearance Built Proposed Treament of Bridges to Remain in Place(address bridge rail, capacity, and allowable surfacing thickness): Remarks Eagle County has agreed to pay for the construction of the multi -use trail platform not to exceed $100,000. Only the grading of the trail will be completed at this time; the full construction of the trail will be completed at a later date by Eagle County, And: Eagle County has agreed to pay for the difference in construction costs associated with the upgrade of the intersection of the 1 -70 • Frontage Road and the Colorado River Road from a 2 -way stop to a roundabout not to exceed $288,200. Design costs are not part of this IGA, Eagle County is working with Tsiovaras, Simmons and Holderness inc. directly. • • GTn � r r y 6 , m �� � � fibs � ,� � �, *v '',/,2 a , a..e'i 9 at fit i gf. ' # #+ IAF k * e .;_'-'-'''' { a M — ., '-. ' ',, ,.:;-:-,.„: , „_, , •., ,,, _a - . . : ' i. '-'- ' a gy �- y +'°� � g -: . ' ,,,''..,:t'--:.0-#1fi.:'4::,,,,f-'-' ' `''''' * # L # ; Y . off a. Y .a ' , t _ ar • `�' - A *#� ; a. Y 'r. ma ` . y . : � J " -, ? 1111 y ,,, 4,- !,.; . v.:.--‘ +, r ,� ' t y r t � t e ,,..-'-,-,.., • -,--, -- ':',1' I t s....,,,, , a i F ^^ 4 z �rama e e � p ima � r `,4 ': ';..,:: at' -4N,,,ir... \ ",:. - lkilf,,-' `- 1 , . g ...,ta, ... ,,,,,,,,,,,\,,,,,,,, -,,,_--,,,,...,,,,.., ,,,,,,.,..„_ if a t 7"''''',':;1;'''':',,::',1'. , ''".. ,%„,,,' '",: 7 .;,-,,,,,„,,,,,,., . .. ,„'',' , . '79'4\ -,,,•:','-z'''s.,,,. ,..,---„."-L,,..,;.,.',.°,‘. \\'' ..,.. ''''''',:,,,,,,,,,,'„-„---:-:, ''''',,,- ,:''--- A-: 4 \,,,I, r } + fix . .. ,. ,, :,,,,.,. Scope of Work Multi -use Trail Platform CDOT Region 3 1 -70 Frontage Road Dotsero Multi -Use Trail Project • CDOT Project No. CC C440 -009 March 23, 2012 . Description: . The Dotsero Bridge is located on the 1 -70 Frontage Road over the Colorado River in Dotsero. This structure, built in 1935, needs to be replaced because it is functionally and structurally obsolete. The project limits are from mile post 133.31 to mile post 133.73. This bridge is scheduled to be replaced through the Colorado Bridge Enterprise (CBE), which was formed in 2009 as part of the FASTER (Funding Advancement for Surface Transportation and Economic Recovery) legislation. FASTER bridge funding can only be used to fund what is necessary to safely convey traffic over the bridge. Due to these funding restrictions, Eagle County has agreed to partner with CDOT for additional improvements. Scope of Work — Multi -use Trail Platform: Eagle County has contracted directly with Tsiovaras, Simmons and Holderness Inc. (TSH) for the design of the multi -use trail platform within the project limits; therefore, design services are not included in this scope of work. Eagle County has agreed to pay for the construction of the multi -use trail platform within the project limits in an amount not to exceed one hundred thousand dollars ($100,000). Only the grading of the trail will be completed at this time; the full construction of the trail will be completed at a later date by Eagle County Construction Consultant Services (construction management, testing and inspecting) will be the sole responsibility of CDOT and will also be included in this scope of work. All work will be designed and constructed pursuant to CDOT standard and specifications. Schedule Upon execution of the IGA with Eagle County, CDOT will develop and issue a Construction Schedule indicating milestone dates for all major project activities. It is estimated that construction of the Dotsero Bridge Replacement project will be completed in 12 -14 months. Scope of Work CDOT Region 3 1 -70 Frontage Road Dotsero Roundabout Project CDOT Project No. CC C440 -009 April 12, 2012 Description: The Dotsero Bridge is located on the 1 -70 Frontage Road over the Colorado River in Dotsero. • This structure, built in 1935, needs to be replaced because it is functionally and structurally • obsolete. The project limits are from mile post 133.31 to mile post 133.73. This bridge is • scheduled to be replaced through the Colorado Bridge Enterprise (CBE), which was formed in 2009 as part of the FASTER (Funding Advancement for Surface Transportation and Economic Recovery) legislation. FASTER bridge funding can only be used to fund what is necessary to safely convey traffic over the bridge. Due to these funding restrictions, Eagle County has agreed to partner with CDOT for additional improvements. Scope of Work - Roundabout: Eagle County will contract directly with Tsiovaras, Simmons and Holderness Inc. (TSH) for the additional design costs not to exceed twenty one thousand eight hundred ($21,800) associated with upgrading the intersection of the 1 -70 Frontage Road and the Colorado River Road from a 2 -way stop to a roundabout; therefore, design services are not included in this scope of work. CDOT is a third party beneficiary with the right to enforce all terms and conditions and to pursue any and all claims against TSH arising under the Eagle County agreement for design of the roundabout. Eagle. County may, but shall not be obligated, to enforce all terms and condition and any claims arising under the agreement with TSH. Eagle County will not approve and has not budgeted for any design costs beyond the not to exceed figure set forth above. In the event TSH seeks additional compensation for the design the same shall be approved by and will be the responsibility of CDOT. Eagle County has agreed to pay for the difference in construction costs associated with the upgrade of the intersection of the 1 -70 Frontage Road and the Colorado River Road from a 2- way stop to a roundabout in an amount not to exceed two hundred eighty -eight thousand and two hundred dollars ($288,200). The roundabout will be designed to accommodate truck traffic due to CDOT's Incident Management Plan and the truck parking lot located west of the Colorado River Road. CDOT will not maintain landscaping or other features within the center island of the roundabout; maintenance and design of the center island will be the responsibility of Eagle County or another party mutually agreed upon by CDOT and Eagle County. A utility sleeve or conduit will be designed and installed to accommodate a future water service to the island for landscaping. The roundabout will be designed to accommodate the future trail connections; however, the final trails will not be constructed in conjunction with this project. Schedule • Upon execution of the IGA with Eagle County, CDOT will develop and issue a Construction Schedule indicating milestone dates for all major project activities. It is estimated that construction of the Dotsero Bridge Replacement project will be completed in 12 -14 months. Dotsero Bridge Replacement Project Page 2 of 2 Scope of Work March 9, 2012 Scope of Work CDOT Region 3 1-70 Frontage Road Dotsero Roundabout Project Maintenance Responsibilities CDOT Project No CC C440 -009 May 16, 2012 Eagle County and CDOT shall perform the "maintenance services" for the 1 -70 Dotsero Roundabout and Multi -Use Trail as described below. Eagle County to maintain: No irrigation system is currently planned for the roundabout center isiand or outside edge of pavement. No irrigated landscaping is currently planned within the roundabout center island or outside edge of pavement. No decorative lighting is currently planned. Eagle County is not obligated to maintain irrigation, landscaping or decorative lighting unless Eagle County proposes installation of the same and applies for a landscape and /or special use permit to be approved by CDOT. Ali iviuiti -Use Trails, Bridge Paths and Sidewalks within the project limits shali be the sole responsibility of Eagle County or its assigns to include all snow removal, path / trail maintenance and repair, path/ trail signing, guardrail, drainage structures and retaining walls specifically associated with said improvements. All maintenance and repair, shall occur at such intervals as determined to be necessary by Eagle County in its sole discretion. Aii snow removai on the roundabout truck aprons and center isiand to inciude cleanup shall occur at such intervals as determined to be necessary by Eagle County in its sole discretion, CDOT does pass through only in round -a -bout. COOT to maintain: All ramps to 1 -70 and Dotsero Interchange Pavement of lanes not trails, see above Signing- except those maintained by EC above Guardrails- except those maintained by EC above Snowplowing ramps and initial pass through round -a -bout Drainage Structures and features Highway Lighting upon the ciosure of the stormwater permit through Coiorado Department of Public Health and Environment, CDOT will also maintain and mow per Maintenance Level of Service all un- irrigated landscaping (CDOT approved seed mix only, 3:1 slope or shallower). CDU i will conduct incident management during events affecting the i -7u traffic Tiow. The above delineations apply only to new construction produced by the project. Existing unaitered appurtenances wiii continue to be maintained as they are currently. if Eagle County is to designate their maintenance responsibilities to a third party, the third party should be mutually agreed upon by Eagle County and COOT. • • Dotsero Bridge Replacement Project Page 2 of 2 Scope of Work May 14, 2012 Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION INTENTIONALLY OMITTED EXHIBIT C - LOCAL AGENCY. CONTRACT ADMINISTRATION CHECKLIST LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST 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 to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. • COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Region CC C440 -009 SIN 7015 19009 I 3 Project Location Date 1 -70 Frontage Road, Dotsero, Eagle County April 25, 2012 Project Description 1 -70 Frontage Road Dotsero Roundabout and Multi -Use Trait Project Local Agency Local Agency Project Manager Eagle County Eva Wilson, County Engineer CDOT Resident Engineer COOT Project Manager Peter Lombardi Sid Roman 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 CDOT 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 task. 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 concur or approve. Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and procedures, will determine who will perform all 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 Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist. RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT TIP / STIP AND LONG -RANGE PLANS 2.1 Review Project to ensure it is consist with STIP and amendments thereto X — FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases (CDOT Form 418 - Federal - aid Program Data. Requires FHWA X concurrencefinvoivement) PROJECT DEVELOPMENT 5.1 Prepare Design Data - CDOT Form 463 DONE 5.2 Prepare Local AgencyfCDOT Inter - Governmental Agreement (see also Chapter 3) X 5.3 Conduct Consultant Selection/Execute Consultant Agreement DONE 5.4 Conduct Design Seeping Review Meeting DONE 5.5 Conduct Public Involvement X 5,6 Conduct Field Inspection Review (FIR) _ DONE 51 Conduct Environmental Processes (may require FHWA concurrence/involvement) X 5.8 Acquire Right -of -Way (may require FHWA concurrence/Involvement) X 5.9 Obtain Utility and Railroad Agreements 1 X 5.10 Conduct Final Office Review (FOR) X 5.11 Justify Force Account Work by the Local Agency X 5.12 Justify Proprietary, Sole Source, or Local Agency Furnished items X 5.13 Document Design Exceptions - CDOT Form 464 X 5.14 Prepare Plans, Specifications and Construction Cost Estimates X 5.15 Ensure Authorization of Funds for Construction X CDOT Form 1243 09106 Pagel of 4 Previous editions are obsolete and may not be used 1 RESPONSIBLE NO. DESCRIPTION OF TASK i PARTY j LA CDOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6.1 Set d Disadvantaged Business Enterprise (URDE) Goals for Consultant and X Construction Contracts (COOT Regfon EEO/Civil Rights Specialist) 6.2 Determine Applicability of Davis -bacon Act X This project ❑ is >:,1 is not exempt from Davis -Bacon requirements as determined by the functional classification of the project location (Projects located on local roads and rural minor collectors may be exempt.) Peter Lombardi April 25, 2012 CDOT Resident Engineer�Sicdnature on Fite) Date 6.3 Set On Training Goals. Goat is zero if Total construction is less than $1 million (CDOT X Region EEO /Civil Rights Specialist) 6.4 Title VI Assurances X Ensure the correct Federal Wage Decision, all required Disadvantaged Business Fit Enterprise /On- the -,fob Training special provisions and FHWA Form 1273 are included in the Contract (COOT Resident Engineer) X ADVERTISE, BID AND AWARD 7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks I j X 7.2 Advertise for Bids X 7.3 Distribute "Advertisement Set" of Plans and Specifications X 7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under X Advertisement 7.5 • Open Bids X 7.6 Process Bids for Compliance - - , 4, . .� -:t_ =';; :`-" Check CDOT Form 718 - Certificate of Proposed Underutilized DBE Participation when the 01 low bidder meets UDBE *oafs X :,'' =e Evaluate CDOT Farm 718 - Underutilized DBE Good Faith Effort Documentation and gig; determine if the Contractor has made a good faith effort when the low bidder does not meet X •-x : -E• DBl~ • Y Submit required documentation for CDOT award concurrence X 7.7 Concurrence from CDOT to Award X 7.8 Approve Rejection of Low Bidder X 7.9 Award Contract X 7.10 Provide Award" and "Record" Sets of Plans and Specifications I X CONSTRUCTION MANAGEMENT 8.1 Issue Notice to Proceed to the Contractor X 8.2 Project Safety X 8.3 Conduct Conferences: — Pre-Construction Conference (Appendix 8) gam., . u n __._. _... _._. —_.... _ X • --- - Pre survey • Construction staking X ' ` n • • Monumentation X .te Partnerin• O.tionai Structural Concrete Pre -Pour (Agenda Is in COOT Construction Manual) g Mill . `'rv: Concrete Pavement Pre - Paving (Agenda is in COOT Construction Manual) .. , ' �. HMA Pre Pavin•SA_ is in COOT Construction Manual) X 8.4 Develop and distribute Public Notice of Planned Construction to media and local residents X 8.5 Su•ervise Construction ` ..-i A Professional Engineer (PE) registered in Colorado, who will be in responsible charge of a te ' . � -��._i.; construction supervision.' ;.` Peter Lombardi 970- 328 -6385 =�' Local Agency Professional Engineer or Phone number X &S AM CDOT Resident Engineer COOT Form 1293 09/06 Paget of 4 Previous editions are obsolete and may not be used • _ RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT "`? Provide competent, experienced staff who will ensure the Contract work Is constructed in ;Ya m; p — = fitiE accordance with the plans and specifications X Construction inspection and documentation X 8.6 A* *rove Sho• Drawings X 8.7 _._� Perform Traffic Control Inspections X 8.8 Perform Construction Surveying X 8.9 Monument Right -of Way X 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates • Provide the name and phone number of the person authorized for this task. Eva Wilson 970- 328 -6560 Local Agency Representative Phone number 8.11 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 • j Peter Lombardi 970- 328 -6386 COOT Resident Engineer Phone number • MATERIALS 9.1 Conduct Materials Pre - Construction Meeting X 9.2 Complete CDOT Form 250 - Materials Documentation Record • Generate form, which includes determining the minimum number of required tests and X applicable material submittals for all materials placed on the project • Update the form as work progresses X • Conplete and distribute form after work is completed X 9.3 1 Perform Project Acceptance Samples and Tests X 9.4 Perform Laboratory Verification Tests X 9.5 Accept Manufactured Products X Inspection of structural components: • Fabrication of structural steel and pre - stressed concrete structural components l X • Bridge modular expansion devices (0" to 6" or greater) X • Fabrication of bearing devices ? X 9.6 Approve Sources of Materials X 9.7 Independent Assurance Testing (IAT), Local Agency Procedures C[3OTProcedures ❑ T • Generate IAT schedule X • Schedule and provide notification X • Conduct IAT X 9.8 Approve mix designs • Concrete X • Hot mix asphalt X 9.9 Check Final Materials Documentation X 9.10 Complete and Distribute Final Materials Documentation X CDOT Form 1243 09106 Page3 of 4 Previous editions are obsolete and may not be used CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10,1 i Fulfill Project Bulletin Board and Pre - Construction Packet Requirements X 10.2 j Process CDOT Form 205 - Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor, and submit to 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 Re ion EEOJCtvil Rights Specialists for trainin regu €remenis.) X 10.7 Submit FHWA Form 1391 - Highway Construction Contractor's Annual EEO Report X • FINALS 11.1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final X - Acceptance Report (Resident Engineer with mandatory Looal Agency participation.) • 11.2 Write Final Project Acceptance Letter. X 11.3 Advertise 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 11.9 Obtain FHWA Form 97 - Statement of Materials and Labor Used ... from the Contractor X 11.10 Complete and Submit CDOT Form 1212 -- Final Acceptance Report (by CDOT) X 11.11 Process Final Payment X • 11.12 Complete and Submit CDOT Form 950 - Project Closure X 11.13 Retain Project Records for Six Years from Date of Project 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 Markel Analysis Branch • Local Agency Project Manager • • • CDOT Form 1243 09/08 Page4 of 4 Previous editions are obsolete and may not be used •