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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