HomeMy WebLinkAboutC14-335 CDOT Agreement(Local $CDOTWRK)
PROJECT: NHPP 0702-344 (19944)
REGION: 3 (wma)
Rev 10/03
CONTRACT
SAP # 3310001153
FOR CDOT TRACKING PURPOSES (subject to
change).
THIS CONTRACT made this I T"day of 201`{ , 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, 81631-0850,
CDOT Vendor #: 2000124, hereinafter referred to as the "Contractor" or the "Local Agency."
RECITALS
1. Required approval, clearance and coordination have been accomplished from and with
appropriate agencies.
2. Section 43-2-102 and 103, C.R.S require the State to maintain state highways (including
where such highways extend through a city or an incorporated town), and 43-2-135 describes
certain specific responsibilities of the State and affected local entities (respectively) with respect
to state highways that are also part of a local street system;
3. Local Agency anticipates a project for design of the I -70G Edwards Interchange Upgrade
Phase 2, 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 9463 describing the general
nature of the Work. The Local Agency understands that before the Work begins, CDOT 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 9463 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 provide a portion of the funds to CDOT to perform
the Work described in form 9463, as it may be revised.
4. The Local Agency has made funds available for project 19944, which shall consist of design
of the I -70G Edwards Interchange Upgrade Phase 2, including design of the improvements for
the southern half of the Edwards spur road, referred to as the "Project" or the "Work". Such
Work will be performed in Eagle County, Colorado, specifically described in Exhibit A.
5. The Local Agency has funds available and desires to provide 100% for their portion of the
funding for the work.
6. The Local Agency has estimated the total cost of the work and is prepared to provide a
$500,000.00 contribution required for the work, as evidenced by the commitment letter
submitted by the Local Agency, which expressly authorizes the Local Agency to enter into this
Page 1 of 11
contract and to expend its funds for the work under the project. A copy of this conmlitment letter
is attached hereto and incorporated herein as Exhibit B.
7. 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.
8. 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 of desicyn of the 1-70G Edwards
Interchange Upgrade Phase 2, including design of the improvements for the southern half of the
Edwards spur road, in Eagle County, Colorado, as more 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. Exhibit C (if applicable)
4. Other Exhibits in descending order of their attachment.
Section 3. Term
This contract shall be effective upon approval of the CDOT Chief Engineer 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 commitment letter 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 commitment letter is attached hereto and incorporated herein as Exhibit B.
B. The Local Agency has estimated the total cost of the Work to be 5500,000.00 which is to be
funded as follows:
a. Local Agency Funds 5500,000.00
Page 2 of 11
Total Funds: 5500,000.00
C. The maximum amount payable by the Local Agency under this contract shall be
$500,000.00, unless such amount is increased by an appropriate written modification to this
contract executed before any increased cost is incurred. It is understood and agreed by the
parties hereto that the total cost of the Work stated hereinbefore is the best estimate available,
based on the design data as approved at the time of execution of this contract, and that such cost
is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the
parties prior to bid and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from local sources, as applicable. Should these sources fail
to provide necessary funds as agreed upon herein, the contract may be tenninated by either party,
provided that any party terminating its interest and obligations herein shall not be relieved of any
obligations which existed prior to the effective date of such termination or which may occur as a
result of such termination.
Section 5. Project Payment Provisions
A. The Local Agency will reimburse the State for incurred costs relative to the project following
the Local Agency's review and approval of such charges, subject to the terms and conditions of
this contract.
B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as
follows:
1. Upon receipt of each bill from the State, the Local Agency will remit to the State
the amount billed no later than 60 days after receipt of each bill. Should the Local
Agency fail to pay moneys due the State within 60 days of demand or within such
other period as may be agreed between the parties hereto, the Local Agency
agrees that, at the request of the State, the State Treasurer may withhold an equal
amount from future apportionment due. the Local Agency from the Highway
Users Tax Fund and to pay such funds directly to the State. Interim funds, until
the State is reimbursed, shall be payable from the State Highway Supplementary
Fund. (400),
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 60 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the
payment which was not made in a timely manner, until the billing is paid in full.
The interest shall accrue for the period from the required payment date to the date
on which payment is made.
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
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policies, procedures and standardized billing format.
Section 6. State and Local Agency Commitments
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 (For purposes of this agreement, CDOT is 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 Designs 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 constriction 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]
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:
Page 4 of 11
a. it shall appoint a qualified professional engineer, licensed in the State of
Colorado, as the State Agency Project Engineer (SAPS), 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, ill
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 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
Page 5 of 11
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
(3 109 charges) but no participation in incidental expenses G3 114 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://ww-,A/.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:
I . 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
Page 6 of 11
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
Reserved.
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 tern-iination 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, reaps, 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
Page 7 of 11
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 tennination 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 terns. 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 Sixth Street, Room 317, Grand Junction, Colorado 81501-2769. 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:
Martha Miller, RE
CDOT Region 3
714 Grand Avenue, PO Box 298
Eagle, Colorado
81631
970-328-9933
martha.miller@state.co.us
Section 16. Successors
If to the Local Agency:
Eva Wilson, Eagle County Engineer
Eagle County
500 Broadway, PO Box 850
Eagle, Colorado 81631
470-328-35%0
eva.wilson@eaglecounty.us
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
Page 8 of 11
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 anv 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
nealioence of either the State of Colorado or Eagle County, its departments, institutions,
agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-
101, et seq., C.R.S., as now or hereafter amended and the risk management statutes,§§ 24-30-
1501, et seq., C.R.S., as now or hereafter amended.
Section 19. Severability
To the extent that this contract may be executed and performance of the obligations of the parties
may be accomplished within the intent of the contract, the terms of this contract are severable,
and should any term or provision hereof be declared invalid or become inoperative for any
reason, such invalidity or failure shall not affect the validity of any other term or provision
hereof.
Section 20. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or
requirement, or of any other term, provision or requirement.
Section 21. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties.
No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force
or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal,
addition, deletion, or other aimendment 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 terrns
and conditions of this contract and the exhibits and attachments .hereto which may require
continued performance, compliance or effect beyond the tennination date of the contract shall
survive such termination date and shall be enforceable by the. State as provided herein in the
Page 9 of 11
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 30 calendar days after the date of receipt of a copy of such written
decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed
to the Executive Director of the Department of Transportation. In connection with any appeal
proceeding under this clause. the Local Agency shall be afforded an opportunity to be heard and
to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the
Local Agency shall proceed diligently with the performance of the contract in accordance with
the Chief Engineer's decision. The decision of the Executive Director or his duly authorized
representative for the determination of such appeals will be final and conclusive and serve as
final agency action. This dispute clause does not preclude consideration of questions of law in
connection with decisions provided for herein. Nothing in this contract; however, shall be
construed as making final the decision of any administrative official, representative, or board on
a question of law.
Page 10 of 11
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf
and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY
STATE OF COLORADO
Eagle County
By. 40�� 3' H S4A_* -
John W. Hickenlooper, GOVERNOR
Title: Chairman, Eagle County Board of
Colorado Department of Transportation
Commissioners
Donald E. Hunt, Executive Director
*Signature
By: Josh a ipply, 4ief Engineer
Date: q 1,9,1 ) q
Date: q1 ilb-o��
2nd The Local Agency Signature if Needed
By: INSERT -Name of Authorized Individual
Title: INSERT -Official Title of Authorized Individual
*Signature
Date:
Page 11 of 11
Exhibit A
NHPP 0702-344
I -70G Edwards Interchange Upgrade Phase 2
Subaccount 19944
Interstate 70 (I-70) serves as the primary transportation corridor through Eagle County and much
of Colorado. US Highway 6 (US 6) near Edwards, CO is a major collector that runs parallel to I-
70 from Dotsero to Dowd Canyon. The I -70G Edwards Spur road located at the Edwards
Interchange along I-70 is approximately 0.6 miles long and runs north and south connectinff I-70
to US 6 in the unincorporated town of Edwards, CO.
Colorado Department of Transportation will manage the preliminary design of the I -70G
Edwards Interchange Upgrade Phase 2 project. Phase 2 of the project will include design of
improvements for the southern half of the Edwards Spur Road (070G) starting north of the
roadway bridge over the UPRR (where Phase 1 stopped) and ending with the connection to US 6
to the south, a distance of approximately 0.4 miles. The design is anticipated to include road and
bridge widening, intersection improvements and pedestrian mobility improvements.
Exhibit A — Page 1 of 4
COLORADO DEP:,RTMENT OF TRANSPORTC-TION :012 D3tE- I
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Exhibit A — Page 4 of 4
OFFICE OF THE
BOARD OF COMMISS!ONEFZS
97G-'-QMOM
FAX: 970-328-W2P
November 4, 2013
David Eller, Director
Transportation Region 3
Colorado Department of Transportation
2122 South Sixth Street, #317
Grand Junction- CO 81501-2.769
Re: Edwards Interchange Upgrade Phase 11 project
Dear Director Eller:
Exhibit B
SARA 1. FISHER
JILL RYAN
KATHY C4AANDLER-HENRY
We are thrilled CDOT is supporting the Edwards Interchange Upgrade Phase 11 project with $500:000
toward design. We are pleased to inform you we have full support from the Edwards Community
Authority and together we stand ready to contribute local fiinding of up to $500.000.
The 1-70 Edwards Interchange Upgrade Phase 11 project will improve critical choke point at LIS6 and
1-70 Edward Spin Road, In addition to the poor level of service, we continually receive pedestrian
feedback on the dangers and near misses at this intersection- This project will mitigate many safety and
congestion concern--;
Although financial obligations payable after the current year are contingent upon funds for that
purpose being appropriated-, budgeted-, and of prise made available, we remain confident we can
bring these local funds for this necessary project,.
Thank you for your continued commitment and support in addressing the transportation Deeds of Eagle
Count., residents. VVt very much look forward to working with you and the CDOT staff in completing
this vital pipject. Please do not hesitate to contact us or Our County Engineer, Eva Wilson., at 970-328-
3560, if we can provide any additional information or assistance..
Sincerely_ -
Eagle County Board of Commissioners
Sara J. Fisher Jill H. Ryan
Chairman Commissioner
cc: Nhchael Vanderhoof CDOT R3
Mwk Rogers, CDOT R3
Martha
Miller. CDOT Eagle County Resident Fmgux-ei-
Kathy Chandler -Henry
Commissioner
Eagle County Bu"mg, 500 Broadway, P-0. Box 850, Eagle, Colorado 81631-4850
Exhibit C
LOCAL AGENCY
CONTRACT ADMINISTRATION
CHECKLIST
(if applicable)
CDOT Form 1243
Exhibit C — Page 1 of 1
