Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutC13-281 CDOT Agreement for Distribution of Funds (Local$CDOTWRK) Routing#14 HA3 59814
SAP#331000714
PROJECT NH 0063-043 (19095) FOR CDOT TRACKING PURPOSES
REGION 3/(wma) (subject to change).
Rev 10/03
CONTRACT
THIS CONTRACT made thisgday 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 the Eagle County, 500 Broadway, PO Box 850, Eagle, Colorado, 81631, CDOT
Vendor#:2000124,hereinafter referred to as the"Contractor or the"Local Agency",the State and the
Local Agency together shall be referred to as the"Parties."
RECITALS
1. Required approval,clearance and coordination have been accomplished from and with appropriate
agencies.
2. 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.
3. Local Agency anticipates a resurfacing project on US 6 Edwards E&W in Eagle County that will
include guardrail improvements, shoulder widening drainage improvements and construction of bus
pullouts, between MP 162.5 and 171.0. The Local Agency and/or the State has completed and
submitted a preliminary version of CDOT form#463 describing the general nature of the project work.
The Local Agency understands that before the project work begins,the Local Agency must receive
an official written"Notice to Proceed"prior to commencing any part of the project work.The Local
Agency further understands,before the project 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.
4. The Local Agency has made funds available for Project NH 0063-043 (19095) and desires
contribute funds for the Project,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.A copy of this ordinance or
resolutions is attached hereto and incorporated herein as Exhibit B.
5. This contract is executed under the authority of§§ 29-1-203,43-1-110;43-1-116,43-2-101(4)(c)
and 43-2-144,C.R.S. and Exhibit B.
6. The parties hereto desire to agree upon the division of responsibilities with regard to the project.
THE PARTIES NOW AGREE THAT:
Page 1 of 11
Section 1. Scope of Work
CDOT will construct improvements to the US 6 Edwards E&W area between MP 162.7 and 171.0 in
Eagle County.The Project plans include resurfacing,guardrails,shoulder widening,drainage and bus
pullouts, as detailed 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 and Design Data)
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. The term of this
contract shall continue through the completion and final acceptance of the Project by the State,
FHWA and the Local Agency.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to provide their
portion of 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. A
copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
B. The maximum amount payable by the Local Agency under this contract shall be
$530,000.00,unless such amount is increased by an appropriate written modification to this contract
executed before any increased cost is incurred. It is understood and agreed by the parties hereto that
the total cost of the work stated hereinbefore is the best estimate available,based on the design data
as approved at the time of execution of this contract, and that such cost is subject to revisions (in
accord with the procedure in the previous sentence)agreeable to the parties prior to bid and award.
C. The parties hereto agree that this contract is contingent upon all funds designated for the project
herein being made available from state sources,as applicable. Should these sources fail to provide
necessary funds as agreed upon herein,the contract may be terminated by either party,provided that
any party terminating its interest and obligations herein shall not be relieved of any obligations which
existed prior to the effective date of such termination or which may occur as a result of such
termination.
Section 5. Project Payment Provisions
Page 2 of 11
A. The Local Agency will reimburse the State for incurred costs relative to the project following the
Local Agency's review and approval of such charges, subject to the terms and conditions of this
contract.
B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as
follows:
1. Upon receipt of each bill from the State,the Local Agency will remit to the State the
amount billed no later than 60 days after receipt of each bill. Should the Local
Agency fail to pay moneys due the State within 60 days of demand or within such
other period as may be agreed between the parties hereto, the Local Agency agrees
that, at the request of the State, the State Treasurer may withhold an equal amount
from future apportionment due the Local Agency from the Highway Users Tax Fund
and to pay such funds directly to the State. Interim funds, until the State is
reimbursed, shall be payable from the State Highway Supplementary Fund(400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 60 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the payment
which was not made in a timely manner,until the billing is paid in full. The interest
shall accrue for the period from the required payment date to the date on which
payment is made.
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
Page 3 of 11
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
payments,testing and inspection activities; preparing and approving pay estimates;
preparing,approving and securing the funding for contract modification orders and
minor contract revisions;processing contractor claims;construction supervision;and
meeting the Quality Control requirements of the FHWA/CDOT Stewardship
Agreement, as described in the Local Agency Contract Administration Checklist.
2. If the State is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of
Colorado, as the State Agency Project Engineer (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
Page 4 of 11
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 if no
additional federal-aid funds will be made available for the project.
c. If all or part of the construction work is to be accomplished by State
personnel (i.e. by force account), rather than by a competitive bidding
process, the State will ensure that all such force account work is
accomplished in accordance with the pertinent State specifications and
requirements with 23 CFR 635, Subpart B, Force Account Construction.
Section 7. ROW Acquisition and Relocation
If the Project includes right of way,prior to this project being advertised for bids, the 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
Page 5 of 11
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 immediately 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:
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
CDOT will be responsible for the maintenance of the improvements and shoulder widening
constructed under this contract at its own cost and expense in a manner satisfactory to the State and
FHWA.
Page 6 of 11
Section 12. Record Keeping
The State shall maintain a complete file of all records, documents, communications, and other
written materials, which pertain to the costs incurred under this contract. The State shall maintain
such records for a period of three (3) years after the date of termination of this contract or final
payment hereunder,whichever is later,or for such further period as may be necessary to resolve any
matters which may be pending. The State shall make such materials available for inspection at all
reasonable times and shall permit duly authorized agents and employees of the Local Agency and
FHWA to inspect the project and to inspect,review and audit the project records.
Section 13. Termination Provisions
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project.The State shall effect such termination by giving written notice
of termination to the Local Agency and specifying the effective date thereof,at least twenty(20)days
before the effective date of such termination.
B. Termination for Cause. If,through any cause, the Local Agency shall fail to fulfill, in a timely
and proper manner,its obligations under this contract,or if the Local Agency shall violate any of the
covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to
terminate this contract for cause by giving written notice to the Local Agency of its intent to
terminate and at least ten(10)days opportunity to cure the default or show cause why termination is
otherwise not appropriate. In the event of termination, all finished or unfinished documents, data,
studies,surveys,drawings,maps,models,photographs and reports or other material prepared by the
Local Agency under this contract shall,at the option of the State,become its property,and the Local
Agency shall be entitled to receive just and equitable compensation for any services and supplies
delivered and accepted.The Local Agency shall be obligated to return any payments advanced under
the provisions of this contract.
Notwithstanding the above,the Local Agency shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the contract by the Local Agency,and the
State may withhold payment to the Local Agency for the purposes of mitigating its damages until
such time as the exact amount of damages due to the State from the Local Agency is determined.
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
Page 7 of 11
has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
authority,and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s)has full authorization to execute this contract.
Section 15. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director,Region 3,
222 South 6th,Room 308,Grand Junction,CO 81501. Said Region Director will also be responsible
for coordinating the State's activities under this contract and will also issue a"Notice to Proceed"to
the Local Agency for commencement of the Work. All communications relating to the day-to-day
activities for the work shall be exchanged between representatives of the State's Transportation
Region 3 and the Local Agency.All communication,notices,and correspondence shall be addressed
to the individuals identified below. Either party may from time to time designate in writing new or
substitute representatives.
If to the State: If to the Local Agency:
Martha Miller, Resident Engineer Eva Wilson, County Engineer
CDOT Region 3 Eagle County
714 Grand Avenue 500 Broadway
PO Box 298 PO Box 850
Eagle, Colorado 81631 Eagle,Colorado 81631
(970) 328-9933 (970) 328-3560
Section 16. Successors
Except as herein otherwise provided,this contract shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
Section 17. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
contract and all rights of action relating to such enforcement, shall be strictly reserved to the State
and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity,other than the State or the Local Agency receiving services or
benefits under this contract shall be deemed an incidental beneficiary only.
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
Page 8 of 11
departments,institutions,agencies,boards,officials and employees is controlled and limited by the
provisions of§ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management
statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 19. Severability
To the extent that this contract may be executed and performance of the obligations of the parties
may be accomplished within the intent of the contract,the terms of this contract are severable,and
should any term or provision hereof be declared invalid or become inoperative for any reason,such
invalidity or failure shall not affect the validity of any other term or provision hereof.
Section 20. Waiver
The waiver of any breach of a term,provision,or requirement of this contract shall not be construed
or deemed as a waiver of any subsequent breach of such term,provision,or requirement,or of any
other term,provision or requirement.
Section 21. Entire Understanding
•
This contract is intended as the complete integration of all understandings between the parties.No
prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or
effect whatsoever,unless embodied herein by writing.No subsequent novation,renewal,addition,
deletion, or other amendment hereto shall have any force or effect unless embodied in a writing
executed and approved pursuant to the State Fiscal Rules.
Section 22. Survival of Contract Terms
Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and
conditions of this contract and the exhibits and attachments hereto which may require continued
performance, compliance or effect beyond the termination date of the contract shall survive such
termination date and shall be enforceable by the State as provided herein in the event of such failure
to perform or comply by the Local Agency.
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
Page 9 of 11
this contract which is not disposed of by agreement will be decided by the Chief Engineer of the
Department of Transportation. The decision of the Chief Engineer will be final and conclusive
unless,within 30 calendar days after the date of receipt of a copy of such written decision,the Local
Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director
of the Department of Transportation.In connection with any appeal proceeding under this clause,the
Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its
appeal.Pending final decision of a dispute hereunder,the Local Agency shall proceed diligently with
the performance of the contract in accordance with the Chief Engineer's decision. The decision of
the Executive Director or his duly authorized representative for the determination of such appeals
will be final and conclusive and serve as final agency action. This dispute clause does not preclude
consideration of questions of law in connection with decisions provided for herein.Nothing in this
contract, however, shall be construed as making final the decision of any administrative official,
representative, or board on a question of law.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page l0 of 11
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
JOHN W.HICKENLOOPER
EAGLE COUNTY GOVERNOR
CDOT Vendor#:2000304
By
Timothy J. arris, P.E., Chief Engineer
for Donald E. Hunt, Executive Director
Department of Transportation
Date:
/6/3
Signature of Au onzed Individual
ra P C.
Print Name of Authorized Individual
q/e?-11 f 13
Date of Signature
2 nd
Signature of Authorized Individual al (if needed)
2nd Printed Name of Authorized Individual
Date of Signature 6#.44
if
Attest(Seal)B • _
0
CORPORATIONS:
(A corporate seal or attestation is required.)
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:
Robert Jaros, CPA, MBA,JD
By
Date
Page 11 of 11
Exhibit A
Scope of Work
NH 0063-043
US 6 Edwards E&W
Subaccount 19095
This project is located along US Highway 6 between MP 162.5 and 171.0 in unincorporated
Eagle County and the Town of Avon. The project includes construction of the following
improvements: resurfacing, guardrail improvements,paved bus pullouts, shoulder widening in
specific locations, and drainage improvements.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit A—Page 1 of 4
Exhibit A
COLORADO.DEPARTMENT OF TRANSPORTATION COgD t?:ogi4r2012 Prefect Cadt,'i(S ):1 Flatik5 Strait SR35217
DESIGN DATA Rev.t Ptofey 1 3
Ralston*:0 PE Poled Code:
Page 1 to 3 Regan ft 173 Project Descent=US a-Ed I ids E&w
staniE Preiminary ❑ Final ❑ Revised
l toolotEU ay PM:BER[rOIJI.AYK 037
Ammo by Program Engine-.
Date Mrsnlpa ty:A nxc
Syetee Code:0-Other Federal-Aid
Raked tty!: (hasty; y a Ackninisteued
Dale Planned Length:: 8.51y0
GeogapOu Loc rt US 0 EDWARDSS E&W MM 182.5-17L0
Type or Ferran:Mountainous
Desalplon of Proposed CondomentertemvenerMAttenn!mapshoe rgseel+cahm)
RESURFACING.GUARDRAIL,(DRAINAGE IMPROVEMENTS
IIIProject Characteristics(Proposed) taena i Typ+ey ❑ Depressed El Panted ❑ Elm ❑ tone
❑ Li h of J Handicap Ramps ❑ Tian Contra Signals ng
Q Can and Guth ❑ curb Only d LEIF3rm Slots ❑ Cannons Width-11
❑ SIB Wirth- ❑ e1Reway Wtdst- (9 RIO-Turn Sans ❑ Cardamom ;kiln-11'
❑ Panting Lane Wain ❑ Detbim Signing E Conduction (;j Permanent
(description): ❑ Otter(de luny
Right of Way YeaRea Est# Utilities lest names ortr an May companies)
ROW&er Perm.Easement Respired No CenturyL ink,Source Gas,Eagle River Wad and Sarsilanon District.
Relocation Required No Excel Energy,t-toly Cross,Town of Avon
Temporary Easement Ram : No
Charges,lnAccess: No
Charges to Cormeding Roads: No
laRailroad Crossings ;or Crossings:
Recommendatons:
Environmental Type: Approval On: Prefect Code;Cleared urite Project*Cleared Under:
P-CE Programmatic
Connate
Cosomenaion
❑ WItheenn tarns(Pori Sties,ReservoOs,Etc)Cleared Mogi BLM or Forest Serene Ole tdgad€u#heb Name:
❑ her Train Caltnance Ranted ❑ Mowry Scdterkle ax Ending Ordinance MuroMettr.AYOn
Otter.
Co sStawwhon Method Actesheed By MAO Reason: FIItty f Ageng Cortact Nang_ Phone a:
State Martha Miller 970-328,01 1130
111 Web/Considerations Project Under 3R Gandrall meek arrekstamanda No
d variance it imm re Denim,Standards Ragtime ❑ Seely pnojerdnot as stares Con ettc Guar&ad along US 8E to be unproved
e Jt at Attached ❑ Requed Io be&lofted ado7essed as part of fht project
fl EEtdge(ase sad tzy 11 See ors
�) Stage Comirooka Main at remarks)
3t4 projects
Satety Eva/snort Crrnplete(date):o7/0312012
Exhibit A—Page 2 of 4
Exhibit A
I .
I i s
E la Ng ?•111111
1 fr- t : 17EfffE2Igggi? e/ Pg1112131 PI
.. - . 2. . , . g . ffit. tisa it 2 NI
s_ switsiuzrt . 11 ,,, s 12 ... . 1 - I 1 Ai t 4 2 4.
3.-
IfIgg4 v - loa , ,-... g . ..,,
exffs‘ tF 1 II sq i
f -433 001 star.. . i P ga
!4 Et° 2
I i i . * 1. * g F41F4 a .
4 ...
Jp. isa0 ,
de 6yi 4. - 1 – 00
— Ziljliel
I Ilia § . 8 2 a 4
1 g g rri gt §.- 0. 0 li '
<
12 li
m 4!
; r36 all til`
liI /
I gi g Et
.4 ii. at •- 1,4.. 5 1 i
I a 1 &
1 I g 13
i *
00
i .
11
Jo
1 g
1 04
90 0
2. 1 a st
a
I 'Jo 4-)
ey
t 1
1 xr
gb g
a
a 0 i st
I
I I a
1
I i ' 0 0
I Rg
41
I I
le 1 I
oo I
I . ff
I a i
I ik
,i 0 0
I
I I
JO
I m 5`
t6... a
I It
S re:
i oo
ii
5
i 1-
,. .
Exhibit A–Page 3 of 4
1
1
1
Exhibit A
Page 3 c13 Prefect Code FOAM: P[ojeet Halle Dale.
MOO NH€9003-443
Major r Structures S-to stay,R-ID be rematied,P-proposed new strotese
Retserenoe stimulant strut ee Sarrdrsat Hcctzontat Verb= Year
Sffirocbse s Lem Pond FealreU1esseded Mat Roadway Capacity Clearance Cleatarte DUlt
F-t[ S 43 165.123 East Lake Creek 30 30 29 NA NA 1942
Proposed Tra w led of 6rldges to Rerna i In Ptacetadd eea triage car,capadty,and Moselle surranng bilanesq Sedge teplaiced as pat at separate prnlect
ligRemarks
ThIc pitted Is located stag US 1 away 6 between NP 1525 and 171.0 In uMnorporaled Earle Cctntyar d the Town or Amin The
pulled bioNdes ca e b u c t l o n mettle Mowing g kspo emr nie resurtarnrrg,star dl Im n.sew ,paved bus pralcols,Wonder
i laonlrwg In operate bcaln3ns,and dfaInage Immanent&
Exhibit A—Page 4 of 4
Exhibit B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Exhibit B
Exhibit C
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 COOT.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.
xvi
Exhibit C—Page 1.of 5
Exhibit C
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. STIP No_ Project Code Region
NH 00883-043
SR352171114 19095 03
Project Location Data
US 8 Avon W MM 182.5-171!0 5122113
Project Description
Resurfacing,Guardrail and Drainage Improvements
Local Agency Local Agency Project Manager
Eagle County Eva Wilson
CDOT Resident Engineer COOT Project Manager
Martha Water Karen Berdoulay
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"7t"under the responsible party,opposite each of the tasks.The denotes the
party responsible for initiating and executing the task Only one responsble party should be selected_When neither COOT nor
the Local Agency is responsible for a task,not.applicable(NA)shall be noted_In addition,a will denote that COOT must
concur or appnwe.
Tasks that will be performed by Headquarters staff will be indicated.The Regions,in accordance with estabished policies and
procedures.will determine who will perform all other tasks that are the responsibility of COOT.
The checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager,in cooperation with the Local
Agency Project Manager,and submitted to the Region Program Engineer:If contract administration responsibilities change,the
COOT Resident Engineer,in cooperation with the Local Agency Project Manager,will prepare and distribute a revised checklist.
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CBOT
TIP f STIP AND LONG-RANGE PLANS
2.1 I Review Project to ensure it is consist with STIP and amendments thereto I x
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4.1 Authorize funding by phases(COOT Form 418-Federal-aid Program Data Requires FF-NVA X
concur encerinvolvement)
PROJECT DEVELOPMENT
5.1 Prepare Design Data-COOT Form 463 X
5.2 Prepare Local Agency/CDOT Inter-Governmental Agreement(see also Chapter 3) X
53 Conduct Consultant Selecdion&Erecute Consultant Agreement X
5.4 Conduct Design Soaping Review Meeting X
5_5 Conduct Public Involvement X
5.6 Conduct Field Inspection Review(FIR) X
51 Conduct Environmental Processes(may require F}rnA cancurrenc&llrrvokiernent) X
5.8 Acquire Right-of-Way(may reg Are Ft-PHA ccricurrencetni hrernwrt) X
5_9 Obtain Utiliityand Railroad Agreement X
5.10 Conduct Final Office Review(FOR) X
5.11 Justily Force Account Work by the Local Agency X
5.12 Justify Proprietary.:Sate Source,or Local Agency Furnished Items X
5.13 Document Design Exceptions-COOT Form 4664 X
5.14 Prepare Plans,Specifications and Construction Cost Estimates X
5.15 Ensure Authorization of Fund for Construction X
Exhibit C—Page 2 of 5
I
Exhibit C
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
5_1 Set Underutilized Disadvantaged Business Enterprise(UBDE)Goals for Consultant and X
Construction Contracts(COOT Region EEO/Cit a Rights Speci;afist)
82 Determine Applicability of Davis-Bacon Act X
This project❑is ❑is not exempt from Davis-Bacon requirements as determined by the
functional classification of the project location(Projects located on local roads and rural
minor collectors may be exempt)
Martha Miller 6)22/13
CDOT Resident Engineer(Signature on File) Date
0.3 Set On-the-Job Training Goals_Goal is zero if total construction is less than Si million(COOT X
Region EEOlCeiil Rights Specialist)
9.4 Title VI Assurances X
Ensure the correct Federal Wage Decision,all required Disadvantaged Business
EnterpnsetOn-the-Job Training special provisions and FlfWA 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 X
72 Advertise for Bids X
7.3 Distribute-Advertisement Set'of Plans and Specifications X
7.4 Review?Morksite and Plan Details with Prospective Bidders Whie Project Is Under X
Advertisement
7.5 Open Bids X
7.8 Process Bids for Compliance
Check COOT Form 715-Certificate of Proposed Underutilized DBE Participation when the
kw bidder meets UDBE goals X
Evaluate CDOT Farm 718-Underutilized DBE Good Faith Effort Documentation and
determine if the Contractor has made a good faith effort when the low bidder does not meet i X
'-' DBE goals
Submit required documentation for COOT award concurrence X
73 Concurrence from COOT to Award X
7.8 Approve Rejection of Low Bidder X
7.9 Award Contract X
7.14 Provide'Award-and`Record"Sets of Plans and Specifications X
CONSTRUCTION MANAGEMENT
8.1 Issue Notice to Proceed to the Contractor X
8.2 Project Safety X
a.3 Conduct Conferences:
Pre-Construction Conference(Appendix B) X
Pre-survey
• Construction staking
• Monuriientaticn X
Partnering(Optional) X
Structural Concrete Pre-Pour(Agenda is in COOT Consfrrrcfion Manual) X
Concrete Pavement Pre-Paving(Agenda is in COOT Construction Manual) X
1-IMA Pre Paving(Agenda in CDOT Construction Marrra[j X
8.4 Develop and distribute Public Notice of Planned Construction to media and focal residents X
as Supervise Construction -
A Professional Engineer(PE)registered in Colorado,who will be In responsible charge of
construction supervision'
Martha Miller,Resident Enoiheer A7D 328 8833
Local Professional Engineer or Phone number X
COOT Resident Engineer
1
Exhibit C—Page 3 of 5
Exhibit C
RESPONSIBLE
Na DESCRIPTION OF TASK PARTY
LA COOT
Provide competent.experienced staff who will ensure the Contract work is constructed in
accordance with the plans and specifications X
Construction inspection and documentation X
8.5 Approve Shop Drawings X
8.7 Perform Traffic Control Inspections X
8.8 Perform Construction tion Surveying X
8.9 Monument Right-of-Way X
810 Prepare and Approve Interim and Final Contractor Pay Estimates X
Provide the name arid phone number of the person authorized for this task.
Martha Miller,RE 970-328-9990
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 Ali Change Orders X
8.15 Monitor Project Financial Status X
8.10 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 Philter 970-328-9990
COOT Resident Engineer Phone number
MATERIALS
9.1 Conduct Materials Pre-Coast ucfon Meeting X
9_ Complete COOT Form 258-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
• Complete and distribute form after work is completed X
9.3 Perform Project Acceptance Samples and Tests X
9.4 Perform Laboratory Verification Tests X
9.5 Accept Manufactured Pr ducts X
Inspection of structural components:
• Fabrication of structural steel arid pre-stressed concrete structural components X
a Bridge modular expansion devices(IT to 6`or greater) X
• Fabrication of bearing devices X
9.5 Approve Sources of Materials X
9:7 Independent Assurance Testing(IAT),Local Agency Procedures❑COOT Procedures L
• Generate KAT schedule X
a Schedule and provide notification X
a Conduct IAT X
9.8 Approve mix designs
• Concrete X
a Hot mix' a asphalt X
9.0 Check Final Materials Documentation X
9.10 Complete and Distribute Final Materials Documentation X
Exhibit C—Page 4 of 5
Exhibit C
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements X
10.2 Process COOT Form 205-Sublet Permit Application
Review and sign completed COOT Form 205 for each subcontractor,and submit to X
EEOICivil Rights Specialist
102 Conduct Equal Employment Opportunity arid Labor Compliance Verification Employee X
Interviews_ Complete COOT 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 COOT Form 200- X
OJT Training Questionnaire
10.5 Check Certified Payrolls(Contact the Region EEO/Qul Rights Sperm afrsts for traimeg requirements.) X
10.7 Submit FHWA Form 1301-Highway Construction'Contracto s Annual EEO Report X
FINALS
11.1 Conduct Final Project Inspection.Complete and submit COOT Form 1212 Final X
Acceptance Report(Resident Engineer wtth mandatary Locai Agency pargcipation.)
112 Write Final Project Acceptance Letter X
11.3 Advertise for Final Settlement X
11.4 Prepare and Distribute Final As-Constructed Plans X
1 L5 Prepare EEO Certification X
11.5 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 COOT Form 17 from the Contractor and Submit to the Resident Engineer X
11.9 Obtain FHWA Form 47-Statement of Materials and Labor Used... fo urn the Contractor X
11.10 Complete and Submit COOT Form 1212-Final Acceptance Report(by COOT) X
11.11 Process Final Payment X
11.12 Complete and Submit COOT Form 950-Project Closure X
11.13' Retain Project Records for Six Years from Date of Project Closure X
11.14 Retain Fatal Version of Local Agency Contract Administration Checklist X
cc: COOT Resident Engineer/Project Manager
COOT Region Program Engineer
COOT Region EEOICivII Rights Specialist
COOT Region Materials Engineer
COOT Contracts arid Market Analysis Branch
Local Agency Project Manager
Exhibit C—Page 5 of 5